HomeMy WebLinkAbout2016-06-28 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
JUNE 28, 2016
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street.
II. ANNOUNCEMENTS
III. AD-HOC COMMITTEE UPDATES
IV. PUBLIC FORUM
V. UNFINISHED BUSINESS
A.Adoption of Findings for PA-2016-00684, Union Pacific Railroad Property.
VI. DISCUSSION ITEMS
A.Comprehensive Plan Amendment – Citizen Involvement and Participation Chapter.
B.Council Initiation of Zone Change – North Pioneer Street.
VII. ADJOURNMENT
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BEFORE THE PLANNING COMMISSION
June 28, 2016
IN THE MATTER OF PLANNING ACTION #2016-00684, A REQUEST FOR A )
MAJOR MODIFICATION TO AMEND A CONDITION OF APPROVAL OF THE )
LAND PARTITION AND LOT LINE ADJUSTMENT PA 99-048 THAT )
FINDINGS,
REQUIRED THE CLEANUP TO A RESIDENTIAL STANDARD )
CONCLUSIONS,
OF THE FORMER RAIL YARD LOCATED ON AN APPROXIMATELY 20-ACRE )
& ORDERS
PARCEL OWEND BY UNION PACIFIC RAIL ROAD (UPRR). )
)
APPLICANTS:
City of Ashland )
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) Tax lot #6700 of Map 39 1E 09 AB and tax lot #6200 of Map 39 1E 09 AA are located north of the
railroad tracks and south of Hersey St. and zoned E-1, Employment.
2) The hearing before the Planning Commission involves a request for a Major Modification to amend
a condition of approval of the land partition and lot line adjustment of PA 99-048. The original condition
from 1999 required a deed restriction on the UPRR property stating that the site is required to be cleaned
up to Oregon Department of Environmental Quality (DEQ) residential standards before further land
divisions or development occurs and that written confirmation from DEQ of the cleanup to residential
standards is submitted to the City of Ashland. The proposed modification amends the deed restriction to
require two levels of clean up. First, the initial cleanup of the 20-acre site would be to the residential
standard for a single residential property. Subsequent development or subdivided lots would have to be
cleaned up to the standard DEQ requires for the proposed use of the individual lots. The proposal is
outlined in the plans on file in the Department of Community Development.
Ashland Municipal CodeAMC)
3) The criteria for a Major Modification are described in (
18.5.6.030.C
as follows:
C. Major Modification Approval Criteria.
A Major Modification shall be approved only upon the approval
authority finding that all of the following criteria are met.
1. Major Modification applications are subject to the same approval criteria used for the initial project approval,
except that the scope of review is limited to the modification request. For example, a request to modify a
commercial development’s parking lot shall require Site Design Review only for the proposed parking lot
and any changes to associated access, circulation, etc.
2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or
exception may be subject to other ordinance requirements.
3. The approval authority shall approve, deny, or approve with conditions the application, based on written
findings.
PA #2016-00684
June 28, 2016
Page 1
AMC 18.5.3.050
4) The criteria for a Preliminary Partition Plat are described in as follows:
The approval authority shall approve an application for preliminary partition plat approval only where all of the
following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous
land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone
requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access,
tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also,
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G.The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and
other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent
lands. The preliminary plat shall identify all proposed public improvements and dedications.
H.Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street frontage of
the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan,
such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed
street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works
Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition
when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The
City may require the street to be graded (cut and filled) to its standard physical width, and surfaced as
required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
c. The final elevation of the street shall be established as specified by the Public Works Director except
where the establishment of the elevation would produce a substantial variation in the level of the road
surface. In this case, the slope of the lot shall be graded to meet the final street elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to
participate in the costs and to waive the rights of the owner of the subject property to remonstrate both
with respect to the owners agreeing to participate in the cost of full street improvements and to not
remonstrate to the formation of a local improvement district to cover such improvements and costs
PA #2016-00684
June 28, 2016
Page 2
thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and the undergrounding
of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner
declines to so agree, then the application shall be denied.
I.Where an alley exists adjacent to the partition, access may be required to be provided from the alley and
prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to
development.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
5) The Planning Commission, following proper public notice, held a public hearing on June 14, 2016
at which time testimony was heard and evidence was 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, 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 for a Major Modification meets all applicable
criteria described in AMC 18.5.6.030.C and AMC 18.5.3.050.
2.3 The Planning Commission finds that the application involves a request for a Major Modification
to amend a condition of approval of the land partition and lot line adjustment of PA 99-048. The original
condition from 1999 required a deed restriction on the UPRR property stating that the site is required to
PA #2016-00684
June 28, 2016
Page 3
be cleaned up to Oregon Department of Environmental Quality (DEQ) residential standards before further
land divisions or development occurs and that written confirmation from DEQ of the cleanup to residential
standards is submitted to the City of Ashland. The proposed modification amends the deed restriction to
require two levels of clean up. First, the initial cleanup of the 20-acre site would be to the residential
standard for a single residential property. Subsequent development or subdivided lots would have to be
cleaned up to the standard DEQ requires for the proposed use of the individual lots.
2.4 The Planning Commission finds that a modification of an approved application or condition of
approval that could have a detrimental effect on adjoining properties requires Major Modification under
chapter 18.5.6. The review procedure (i.e., Type I administrative approval or Type II public hearing) for
a modification is the same as the procedure used for the original application. In this case, a Type II public
hearing process is required because the original land partition and lot line adjustment was processed as a
Type II (AMC 18.5.6.030.A.7).
Major Modifications are subject to the same approval criteria used for the initial project approval, except
that the scope of review is limited to the modification request (AMC 18.5.6.030.C). As a result, the
application review is limited to the deed restriction modification request and the applicable approval
criteria are those for a Preliminary Partition Plat.
2.5 The Planning Commission finds that the subject property is a large inactive rail yard that is
centrally located in Ashland. The UPRR property is approximately 20 acres in size and located north of
the railroad tracks, south of Hersey St., and between the two dead-end portions of Clear Creek Dr. The
west side of Clear Creek Dr. intersects with Oak St. and the east side intersects with N. Mountain Ave.
Rouge Place is a third dead-end street that abuts the property in the northeast portion of the site. Clear
Creek Dr. and Rogue Place are planned to continue through the UPRR property at the time the site is
developed.
The property is zoned Employment (E-1) and located in the Residential and Detail Site Review overlays.
The Residential overlay allows 15 dwelling units per acre as a special use in conjunction with permitted
commercial and employment uses. A building can have up to 35 percent in residential uses on the ground
floor (e.g., ground floor commercial or employment with upper story residential units) or up to half of a
lot used for residential purposes if there a multiple building on a site.
The area to the north, south, and west of the property is zoned E-1. The area to the northeast and east is
zoned residential and includes Multi-Family Residential (R-2), Suburban Residential (R-1-3.5), and
Single Family Residential (R-1) properties.
The general topography of the site slopes to the north toward Hersey St. The property’s most significant
natural features include Mountain Creek that flows south to north on the eastern boundary of the property.
A trail connection is shown in the Mountain Creek area on the City’s adopted 2002 Open Space Plan. The
water resources map also identifies three possible wetlands on the site.
The subject property was used for a rail yard for locomotive maintenance, service, and rail car repair
between 1887 and 1986. Various structures including a hotel/passenger station, a freight station, a car
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June 28, 2016
Page 4
repair shed, a turntable, a roundhouse, and miscellaneous work and storage buildings were once present.
The Ashland rail yard peaked in the early 1900’s. Subsequently, the site was used for light locomotive
maintenance and car repair functions until the early 1970’s by the Southern Pacific Transportation
Company (SPTCo). UPRR acquired SPTCo and many of its assets, including the Ashland site, in 1997.
UPRR has not operated or performed any railroad related activities ate the site since the acquisition in
1997.
The only structures remaining on the site are foundations of several of the buildings. There is a fenced are
on the eastern portion of the site that includes an oil/water separator and two manmade retention ponds
(see sheet EC-1). A mainline track and rail spur operated by Central Oregon and Pacific Railroad, Inc.
(CORP) are located along the site’s southern Boundary.
2.6 The Planning Commission finds that a Major Modification of an approved application or condition
of approval may be granted if the approval authority finds that the application meets all applicable criteria,
except that the scope of the review is limited to the modification request.
The Planning Commission based the original 1999 condition of approval on the land partition criteria that
requires “the future use for urban purposes of the remainder of the tract will not be impeded.” Specifically,
the staff report included the following discussion.
“The application notes that the deed restriction will be placed on the remaining approximately 25
acres due to subsurface contamination resulting from the past railroad operations. The E-1 zoning
and residential overlay (R-Overlay) allows for a variety of commercial and residential uses. The
City’s Comprehensive Plan encourages mixed-use development, and existing City ordinances and
neighborhood planning efforts provide a variety of incentives in the hope of achieving this goal.
Consequently, it is important that the contaminants on the remaining 20+ acres be removed or
reduced to levels which would allow for commercial, as well as residential uses. Staff has attached
a condition requiring that the final cleanup achieve this goal and verification be provided form the
Department of Environmental Quality (DEQ).”
The intent of the original condition is somewhat ambiguous because the extent of the required cleanup to
residential standards was unclear. In 1999, UPRR and DEQ were not directly involved in the application.
Instead, a local real estate agent, representing UPRR and a second property owner, was the applicant. In
addition, the focus of the 1999 application was separating the far western end of the UPRR property (now
the west end of Clear Creek Dr.) for further development. While the cleanup of the far western end of the
property was required by DEQ before the area was developed, the level and extent of contaminants was
comparatively minor. As a result, the 1999 land partition application and the subsequent Planning
Commission public hearing discussion and decision did not involve extensive information regarding
UPRR’s plans for the remaining UPRR property (the subject property) or about DEQ’s remediation
process and cleanup standards. The Planning Commission and staff were aware that cleanup of the
remaining UPRR property was necessary and would be an issue in the future, but detailed information
regarding the remediation process and standards was not presented or evaluated.
The Planning Commission finds that the modification of the original 1999 condition and deed restriction will
PA #2016-00684
June 28, 2016
Page 5
not impeded the future use of the subject property for urban purposes. The UPRR property represents
approximately one fourth of the Ashland’s inventory of Employment and Industrial zoned land and therefore
is a significant portion of the City’s 20-year land supply for employment purposes. The statewide planning
program and implementing state laws require all cities to designate sufficient land to accommodate the
project land need for employment and job creation for a 20-year planning period. The City’s adopted 2010
Economic Opportunity Analysis (EOA) comparison of land supply and need in Ashland indicated an
adequate supply of employment land until 2027 and a deficit in the 2028-2057 planning period.
The bulk of Ashland’s buildable employment lands is divided between the UPRR property, the Washington
Ave./Jefferson Ave./Benson Way area (Washington Ave. area), and the Croman Mill district on Mistletoe
Rd. The three areas require significant infrastructure improvements (utilities and streets) before development
is possible and both the UPRR property and the Croman Mill district are required to be cleaned up prior to
further development. In contrast to the Washington Ave. area and Croman Mill district, the UPRR property
is entirely located in the Residential overlay.
The central location of the site makes the UPRR property a logical candidate for future development. The E-
1 zoning and inclusion in the Residential and Detail Site Review overlays provide a flexible approach for
future development that allows a mix of commercial, employment, and residential uses. This type of mixed-
use development is consistent with the following Ashland Comprehensive Plan policies that speak to
providing a mix of uses, especially as a buffer between employment areas and residential neighborhoods, and
encouraging a mix of uses in close proximity so that people that work and live in the area have the option of
making trips by walking or bicycling.
Chapter VII, The Economy, Policy 2, E. The City shall design the Land Use Ordinance to
provide for e) Commercial or employment zones where business and residential uses are
mixed. This is especially appropriate as buffers between residential and employment or
commercial areas and in the Downtown.
Chapter X, Transportation Element, Goal III, Policy 2, Promote a mixed land use pattern,
where appropriate, and pedestrian environment design that supports walking and bicycling
trips.
The UPRR property has been effectively unavailable for the past 20 years because of the need to clean up the
site prior to further development. The City Council has been working with UPRR and DEQ to review the
cleanup options and solidify a comprehensive approach that would address the initial cleanup of the 20-acre
site, minimize truck traffic in Ashland by using railcars to remove contaminated soil, and ensure that future
development would be subject to further cleanup consistent with the proposed use of individual lots. Making
the UPRR property a viable piece of the City’s 20-year land supply for employment purposes is consistent
with the City’s adopted 2011 Economic Development Strategy which includes identifying barriers to
development for key industrial lands and working to make them “shovel ready” for re-sale for business
development. The EDS includes the following strategy and action.
Strategy 6. Provide appropriate land supplies for needed business growth/expansion with
quality infrastructure to all commercial and employment lands.
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June 28, 2016
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Action 6.6 Determine feasibility and cost/benefit for public purchase of key industrial lands
to make “shovel ready” for re-sale for business development.
The EDS discusses identifying lands that have been neglected and determining the existing barriers of
development such as lack of services, access limitations, and environmental abatement needs. In addition,
the EDS discuss evaluating “... whether direct public financial involvement may be the more appropriate tool
to address those barriers and make lands more financially attractive and operationally functional for private
development (i.e., the railroad property).”
Additionally, the proposed modification of the condition and deed restriction is consistent with the mix of
uses and potential configurations that are allowed on the UPRR property under the current zoning. The
location in the E-1 zone and the Residential overlay allows residential dwelling units as a special use.
However, as a special use dwelling units are only allowed in conjunction with a permitted commercial or
employment use. In addition, the applicant decides whether to included dwelling units in a future development
proposal. As a result, a variety of uses and building and site configurations are possible on the subject
property. The amended condition would allow each development to be evaluated independently and cleaned
up to the DEQ standard that matches the type and configuration of the uses.
The proposed change in the deed restriction was developed cooperatively between the City, DEQ, and UPRR
and crafted to meet DEQ’s standards. UPRR has indicated that the change to the deed restriction will facilitate
the cleanup of the property in the near future. The Planning Commission finds that it is in the public interest
to get the subject property in a state that can be developed and to become a viable piece of the City’s 20-year
land supply for employment purposes.
2.7 The Planning Commission finds that many of the criteria for a Preliminary Plat approval were
satisfied when the subject parcel was created and are not affected by the proposal to modify the deed
restriction regarding the cleanup of the subject property. As discussed above, the Commission finds that the
modification of the original 1999 condition and deed restriction will not impeded the future use of the subject
property for urban purposes. In contrast, the need to cleanup property has prevented development over the
past two decades and UPRR has indicated that the change to the deed restriction will facilitate the cleanup of
the property in the near future.
Similarly, the development of adjacent land and access is not impacted by a change in the deed restriction on
the subject property. In the future, Clear Creek Dr. and Rogue Place will be extended through the property
along with public utilities to serve the employment area located between the railroad tracks and Hersey St.
The continuation of the network of streets and public services will eventually allow the development of the
site and general area.
Finally, the proposed change in the deed restriction was developed cooperatively between the City, DEQ and
UPRR and has been crafted to meet DEQ’s standards. As a result, the proposal will allow the owner to obtain
the required State and Federal permits for the cleanup of the property.
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June 28, 2016
Page 7
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that
the request for a Major Modification to amend a condition of approval of the land partition and lot line
adjustment of PA 99-048 is supported by evidence contained within the whole record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve Planning Action #2016-00684. Further, if any one or more of the conditions below
are found to be invalid, for any reason whatsoever, then Planning Action #2016-00684 is denied. The
following are the conditions and they are attached to the approval.
1)All conditions of the PA 99-048 shall remain conditions of approval unless otherwise specifically
modified herein.
2)That the deed restriction required in condition 9 of PA 99-048 shall be revised to read as follows.
Parcel 7 is restricted from further development or land division until Grantor obtains
a determination from the Department of Environmental Quality that the property
meets cleanup standards applicable to a single residential property. Thereafter,
development of or any subdivided parcel cannot occur until Grantor obtains a
determination from the Department of Environmental Quality that the property meets
cleanup standards applicable to the use proposed for the subdivided parcel. Grantor
will provide written documentation form the Department of Environmental Quality
demonstrating compliance with these standards to the City.
3)That evidence shall be submitted demonstrating that the deed restriction has been revised in
accordance with condition 2 above and recorded prior to issuance of City excavation permit or any
site work.
June 28, 2016
Planning Commission Approval Date
PA #2016-00684
June 28, 2016
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