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HomeMy WebLinkAbout2016-06-28 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. 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 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 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 PA #2016-00684 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. PA #2016-00684 June 28, 2016 Page 6 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. PA #2016-00684 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 Page 8