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HomeMy WebLinkAbout2016-08-09_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 REGULAR MEETING AUGUST 9, 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. CONSENT AGENDA A.Approval of Minutes 1. July 12, 2016 Regular Meeting. V. PUBLIC FORUM VI. UNFINISHED BUSINESS A.Adoption of Findings for PA-2016-01029, 1365 Tolman Creek Rd. VII. TYPE III PUBLIC HEARING A.PLANNING ACTION #: PA-2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1.COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR’S MAP: 39 1E 09BA; TAX LOT: 11800. VIII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 12, 2016 CALL TO ORDER Vice Chair Roger Pearce called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Debbie Miller Derek Severson, Associate Planner Haywood Norton April Lucas, Administrative Supervisor Roger Pearce Lynn Thompson Absent Members: Council Liaison: Melanie Mindlin Greg Lemhouse, absent ANNOUCEMENTS Community Development Director Bill Molnar announced the second reading of the Verde Village development agreement ordinance is schedule for next Tuesday, July 19. He also commented on the city hall feasibility study that is looking a different alternatives, including remodeling city hall, adding a second story to the Community Development building at 51 Winburn Way, or building a new city hall on the corner of Pioneer and Lithia. AD-HOC COMMITTEE UPDATES Commissioner Dawkins provided a brief update on the Downtown Parking Management and Circulation Committee. He noted he is the new interim chair of the committee and commented on their request to use Fregonese Associates to help guide the group through the remainder of the process. CONSENT AGENDA A. Approval of Minutes. 1. June 14, 2016 Regular Meeting. 2. June 28, 2016 Special Meeting. Commissioners Dawkins/Thompson m/s to approve the minutes of June 14, 2016. Voice Vote: all AYES. Motion passed 6-0. Commissioners Dawkins/Thompson m/s to approve the minutes of June 28, 2016. Voice Vote: all AYES. Motion passed 5-0. Commissioner Miller abstained. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A.Adoption of Findings for PA-2016-00617, 601 Fair Oaks. No ex parte contact was reported. Ashland Planning Commission July 12, 2016 Page 1 of 4 Commissioners Thompson/Brown m/s to approve the Findings for PA-2016-00617. Voice Vote: all AYES. Motion passed 6-0. B.Adoption of Findings for PA-2016-00847, 252 B Street. No ex parte contact was reported. Commissioners Brown/Miller m/s to approve the Findings for PA-2016-00847. Voice Vote: all AYES. Motion passed 6-0. TYPE II PUBLIC HEARINGS A.PLANNING ACTION #: PA-2016-01029 SUBJECT PROPERTY: 1365 Tolman Creek Road OWNER/APPLICANT: Ronald Rezek/Clason Company LLC DESCRIPTION: A request for Outline and Final Plan approval under the Performance Standards Options Chapter (AMC 18.3.9) for a three-lot subdivision for the property located at 1365 Tolman Creek Road. Also included are requests for a Physical and Environmental Constraints Review Permit for Floodplain Development to allow widening of the existing driveway entrance by two to five feet and the installation of utilities including stormwater drainage facilities within the floodplain; a Limited Use Permit to allow grading for utility installation and restoration of the buffer area of a small wetland on the property; and an Exception to Street Standards to not install city standard street improvements along the property’s Tolman Creek Road street frontage. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR’S MAP: 39 1E 23BA; TAX LOT #: 201. Commissioner Pearce read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Brown, Norton, Pearce, Dawkins, and Miller declared site visits. No ex parte contact was reported. Staff Report Associate Planner Derek Severson presented the project details and approval criteria. He reviewed the applications four component requests and commented on why using the performance standards options is appropriate and results in a better project. Mr. Severson stated the minimum number of homes that can be placed on the site is three, which is what the applicant’s propose; although they could have requested as many as 5. He explained all three homes will take access from the existing driveway, which will be improved to the city’s flagdrive standards. He stated the man- made pond on the site will be removed, but the wetland area will be preserved and enhanced. Of the 55 trees on the property five will be removed, however the removals are not subject to a tree removal permit and the applicants will mitigate those removals with new plantings. Mr. Severson noted the Tree Commission reviewed the application and issued two recommended conditions: 1) that tree protection fencing be provided for tree #15, and 2) that trees #39 and #40 be skirted (or limbed-up) to a height of 13 ft. from the base of the tree. Mr. Severson said the final element of the proposal is the exception to the street standards. He explained instead of piecemeal sidewalk improvements that would be difficult to transition at either end, it is appropriate and would result in a better pedestrian facility to grant the exception and require the applicants to sign in favor of a future local improvement district. Applicant’s Presentation Amy Gunter/Rogue Planning Development Services and John Clason/Clason Company LLC. Ms. Gunter stated the site is accessed via a meandering drive that is currently 12 ft. wide and will be widened to meet the flagdrive standards. She stated there is a concrete pipe that feeds the wetland and pond, and the pond is estimated to have been built between1950-1980. Ms. Gunter stated a wetland delineation was performed and the removal of the pond will require a fill removal permit and a limited activity use permit, and noted the pond is not a wetland protected by local land use law. She commented on the Migratory Bird Act, which prohibits vegetation removal between May 1 and July 31, and clarified they will not be doing any work during this time and will still be working through the land use process. Ms. Gunter explained the property has a potential density of 5.7 units and they initially Ashland Planning Commission July 12, 2016 Page 2 of 4 considered building 4, but this would have required the removal of the tree grove and a new road installation which would have changed the character of the neighborhood. She stated the proposal complies with the performance standards options, is below density, meets the parking standards, and they are requesting the commission’s approval. Questions of the Applicant Commissioner Pearce stated the pond seems to meet the city’s criteria for a wetland and asked the applicant to respond to this. Ms. Gunter stated the pond has those characteristics because of the settlement of the water and stated according to the wetland biologist the wetland is a true wetland, but the pond only has those characteristics because it is fed by the wetland. She clarified there is no standing water in the wetland and it is not a creek. She added during high water events the soil will get sloppy and wet, but there will not be water flowing across the property. Public Testimony Zach Brombacher/1370 Tolman Creek/Stated he lives across the street from the property and voiced his opposition to the city’s position on infill. Mr. Brombacher stated the roads are inadequate and could pose an issue during an emergency and voiced his concerns with the city’s water resources protection ordinance. He questioned how the city could allow the applicant to remove the pond when he is prohibited from doing work on his property because of the limitations in the ordinance. He stated the pond does overflow and he will be impacted. He requested the city not allow the applicant to direct water onto his property and stated the city needs to figure out a way to keep it from flooding. Applicant’s Rebuttal Amy Gunter/Stated she sympathizes with Mr. Brombacher but the proposal complies with the city’s stormwater master plan and limits post develop flows to predevelopment levels. She added their engineer has designed their system accordingly and has been working with the city’s Public Works Department to ensure it meets the standards. Public Testimony Peck Yee/Stated there are two large trees on the site (#22 and #48) that appear to be encroached on by the proposed building envelopes. She requested the trees have adequate protection during construction. Applicant’s Rebuttal Amy Gunter/Stated unlike the depiction on the plan submittal, the tree canopies are not a perfect circle. She stated the building footprint encroaches a minimal amount into the dripline however the trees will not be harmed. She added each type of tree has a different tolerance to construction and they are fine with having a certified arborist on site during excavation. Questions of Staff Staff was asked what would trigger improvements to Tolman Creek for storm drainage and sidewalks. Mr. Molnar explained unless it is a public safety issue, sidewalk improvements would typically be triggered by the neighborhood coming forward and requesting enhancements. In terms of storm drainage, the city evaluates plans to ensure the system mimics predevelopment levels and can withstand a 25 year storm event. Commissioner Pearce closed the hearing and the record at 8:10 p.m. Deliberations and Decision Commissioners Dawkins/Brown m/s to approve PA-2016-01029. DISCUSSION: Dawkins stated he sympathizes with Mr. Brombacher but when looking at the development potential for the property the applicants are doing the minimum possible. He stated the removal of the pond will help the hydrology for the area and stated this is a straight forward proposal that meets the criteria. Brown expressed support for the applicant’s proposal and stated it maintains the residential country feel. He stated it is a good solution and keeps with the city’s ordinances and goals. Thompson Ashland Planning Commission July 12, 2016 Page 3 of 4 stated she is prepared to support the motion and stated she has trust that the professionals will design the swale and stormwater detention facility appropriately. Miller voiced support for the design and that the applicants are not proposing maximum density, but stated she is very concerned about the drainage issues. She stated she will vote in favor of the motion but would like this to be monitored. Pearce disagreed that the pond is not a wetland but acknowledged that its removal is permissible. He agreed that stormwater is a concern, but stated the newly constructed system will work better than what is there now. Roll Call Vote: Commissioners Thompson, Norton, Miller, Dawkins, Brown, and Pearce, YES. Motion passed 6-0. LEGISLATIVE AMENDMENT PUBLIC HEARING A.PLANNING ACTION #: PL-2016-00682 APPLICANT: City of Ashland DESCRIPTION: A legislative amendment is proposed to amend the City of Ashland Comprehensive Plan’s Introduction and Definitions Chapter (Chapter II), and Citizen Involvement Element Chapter (Chapter III), to designate the Planning Commission as the City’s Committee for Citizen Involvement, and to replace references to the Citizen’s Planning Advisory Committee with references to the Committee for Citizen Involvement. Senior Planner Brandon Goldman noted the commission has previously reviewed this amendment and tonight is for the public to provide input and the commission to make a recommendation to the City Council. He explained the ordinance amends the comprehensive plan to reflect how the city conducts public involvement and addresses the recent ordinance amendments that were approved by the City Council that designate the Planning Commission as the committee for citizen involvement. Mr. Goldman stated the change is consistent with the statewide planning goals and staff is recommending the commission forward a recommendation of approval. Deliberations & Decision Commissioner Miller commented that the CPAC was broader based than the Planning Commission and if they are now acting in this role, questioned how to involve citizens and the other commissions early on and ensure their voices are heard. Mr. Goldman stated at onset of any proposal, prior to initiating any ordinance amendment, staff will outline a public involvement plan and bring that forward for review and approval before the process begins. He noted this is the current process and the ordinance amendment will codify current practices. Mr. Molnar noted the Mayor’s encouragement of ad hoc committees to greater support the citizen involvement process and stated the city will continue to seek out groups and people that should be engaged in decisions. Commissioner Norton stated it is appropriate for a city of Ashland’s size to have the Planning Commission take on this role and stated if they need assistance they have the ability to ask for it. Pearce agreed; he approved of how the ordinance is written and stated their duty is to assist the City Council with the program, not do it all alone. Commissioners Brown/Thompson m/s to recommend approval to the City Council of an ordinance amending comprehensive plan as presented. Voice Vote: all AYES. Motion passed 6-0. ADJOURNMENT Meeting adjourned at 8:35 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission July 12, 2016 Page 4 of 4 FINDINGS _________________________________ PA-2016-01029 1365 Tolman Creek Rd. TYPE III PUBLIC HEARING _________________________________ PA-2016-00309 150 N Pioneer ASHLAND PLANNING DIVISION STAFF REPORT August 9, 2016 PLANNING ACTION: PA-2016-00309 OWNER/APPLICANT: Stan Potocki/City of Ashland LOCATION: 150 North Pioneer Street Map 39 1E 09BA, Tax Lot #11800 COMPREHENSIVE PLAN DESIGNATION: Existing – Low Density Multi-Family Residential Proposed - Commercial ZONING DESIGNATION: Existing – R-2 Proposed – C-1 APPLICATION DEEMED COMPLETE: August 2, 2016 120-DAY TIME LIMIT: Not Applicable ORDINANCE REFERENCE: 18.2 Zoning Regulations 18.5.9 Comprehensive Plan, Zoning & Land Use Ordinance Amendments REQUEST: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. No changes to the existing site improvements or their approved uses are proposed in conjunction with the current request. I. Relevant Facts A. Background - History of Application 150 North Pioneer Street In February of 2016, the City Council considered a request to initiate a zone change from R-2 (low-density multi-family) to C-1 (commercial) for the property located at 150 Pioneer Street. At that time, it was noted that the Mayor had spoken with the property owner about the city having built a parking lot next to his R-2 zoned property in the late 1980’s. The Council ultimately voted unanimously to approve Council-initiation of a Type III planning action for a zone change and comprehensive plan map amendment, and directed staff to complete, file and process the land use application. Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 1 of 10 In April of 2005, a request for Site Review and Conditional Use Permits to construct a new residential unit with a proposed total floor area in excess of the Maximum Permitted Floor Area at the rear of the parcel, and to modify the existing Conditional Use Permit for the existing office use, was approved by the Planning Commission as PA #2005-00039. The approval included a Variance to the required driveway width for the existing shared driveway serving 150 and 162 North Pioneer Street. In December of 1992, Planning Action #92-121, a request to change the zoning from R-2 Multi-Family Residential to C-1 Commercial, was denied by the Planning Commission and the City Council (see Staff Exhibit S.1). In June of 1989, Planning Action #89-070 was approved granting a Conditional Use Permit to allow Vocational Resource Consultants to use the main floor of the house at 150 North Pioneer Street as office space, with the second floor to be used as an apartment. There are no other planning actions of record for this site. B. Detailed Description of the Site and Proposal Site The property is located at 150 North Pioneer Street, within the Railroad Addition Historic District, on the east side of Pioneer between Lithia Way and B Street. The zoning for the subject parcel is R-2, or Low Density Multi-Family Residential. This current zoning permits residential developments at a base density of 13.5 units per acre, and also allows a variety of other land uses through a conditional use and/or site design review applications. This would include but not be limited to short term traveler accommodations, professional services, office spaces and retail establishments limited in size. Site development is restricted to a maximum building height of 35-feet and 2 ½ stories, with a maximum lot coverage of 35 percent. The lot is 8,363 square feet in size. It is 52 feet in width, and the lot depth is 160 feet. The property slopes slightly down to the northeast, with slopes of four to six percent. There are five existing mature trees on the site, as well as two street trees. There are two buildings located on the property with a historic home located at the front of the property and a second detached residential structure located at the rear of the property. The property is accessed by a shared driveway located between 150 and 162 North Pioneer Street. The existing 2,305 square foot home, the ‘James W. Losher House’, is considered to be a Historic Contributing resource in the Railroad Addition Historic District. The first floor of the house consists of 1,390 square feet of office space, which includes an approximately 175 square foot enclosed porch. The second floor of the historic house is a residential unit. A second two-story structure is located at the rear of the Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 2 of 10 parcel. The rear structure is approximately 1,170 square feet in size and is a residential unit. The city public parking lot sits adjacent to 150 North Pioneer Street, immediately to the south, and is under the C-1 (Commercial) zoning designation. The properties across Pioneer Street are also zoned C-1, accommodating a handful of businesses including a 76 service station and auto repair business, Ruby’s restaurant, Gil’s restaurant and pub, and the De Launay House, a hotel/motel. Proposal For several years, the property owner of 150 North Pioneer Street, Stan Potocki, has described in writing impacts to his property associated with its proximity to the city’s public parking lot and more intense surrounding commercial uses. In addition, the owner has expressed concern over the appropriateness of residential uses on the property given the proximity to the public parking lot. The current proposal, initiated by the City Council, would amend the existing Low Density Multi-Family Residential Comprehensive Plan Map designation and R-2 Zoning designation, changing the Comprehensive Plan Map designation to Commercial and the zoning to C-1. No changes to the existing site improvements or their approved uses are proposed in conjunction with the current request. Existing uses would be allowed to remain in place until the property owner obtains Site Design Review approval to establish commercial uses on the site. II. Project Impact Chapter 18 of Ashland’s Municipal Code, “Land Use”, describes the process by which the City Council may initiate a land use application or planning action by motion in AMC 18.5.1.100 “City Council or Planning Commission May Initiate Procedures.” This section provides that, “The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III planning action by motion duly adopted by the respective body designating the appropriate City department to complete and file the application.” A change in the zoning designation for a property that also entails changing the property’s underlying Comprehensive Plan designation is considered a legislative amendment through a Type III procedure (see AMC 18.5.9.020.B) which requires a hearing before the Planning Commission to yield a recommendation to Council and final approval through a hearing before the Council with adoption by ordinance. The Land Use Ordinance generally permits zone changes when it is found to be necessary in order to conform to the Comprehensive Plan or to meet other changes in circumstances or conditions, although Type III procedures are legislative decisions dealing with broader policy issues and may be decided at the discretion of the Council. The property owner argues that the construction of the public parking lot changed the status and situation surrounding his property at 150 N. Pioneer Street, and the new Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 3 of 10 conditions resulting from the public parking lot justify a change in zoning designation from Low-Density Multi-Family Residential (R-2) to Commercial (C-1). A.Zone Change Request As initially described in the February 16, 2016 council communication, the 1988 Ashland Downtown Plan provided a vision for the downtown and suggested a list of specific downtown improvements. Developing additional parking supply was included among the list of needed improvements. The Plan identified several locations where construction of public parking facilities should be evaluated and the property at Pioneer Street and Lithia Way was considered a key candidate. The City eventually acquired the property, designed and constructed what is now a 64 space public parking lot. It would become one of the largest downtown public parking lots, second in overall size only to the Hargadine Street parking structure which has 145 spaces. The parcel immediately adjacent to the public parking lot is owned by Stan Potocki and zoned R-2 (Low Density Multi-Family Residential). In written correspondence from Mr. Potocki to city staff and members of the Council, he described a variety of adverse impacts over the past two decades that, in his opinion, have resulted from the close proximity of his property to the public parking lot, including noise, garbage, drug paraphernalia and human waste. At its February 2016 meeting, Council unanimously approved the initiation of a Comprehensive Plan Map amendment and zone change for the property. In reviewing the meeting minutes under Council discussion, the Mayor and a couple members of the Council indicated that the property’s zoning should have been evaluated in conjunction with the acquisition and development of the public parking lot in the early 1990’s. The Planning Commission and Council considered a zone change for the property in 1992 and ultimately denied that proposal (see Staff Exhibit S.1). In staff’s assessment, there have been several changes in circumstances or conditions since that time which should be considered in evaluating a change to the Comprehensive Plan Map and Zoning designations. Public Parking Lot Construction & Intensification of Use In the late 1980’s, the City of Ashland acquired the property immediately adjacent to 150 North Pioneer Street, at the northeast corner of Lithia Way and Pioneer Street. Shortly thereafter, the City constructed a 64-space public parking lot. Property acquisition and the construction of a public parking lot at this location were identified in the 1988 Ashland Downtown Plan – Phase 2 Action Plan as a key element to addressing downtown parking need. The use of this parking lot has intensified substantially since its construction. In the “Downtown Ashland Parking Study” conducted by Rick Williams Consulting in 2015, this lot was designated as Lot #26 and was looked at on a Friday afternoon and a Saturday evening in late August. In that study, parking utilization was consistently Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 4 of 10 at 100 percent (i.e. no empty spaces). During four other surveyed times, parking utilization was at 96.9 percent meaning that only the two electric vehicle charging stations were unused (see Staff Exhibit S.2). As it currently exists, staff believes the subject property is the only residential property adjacent to a public parking lot that is separated by a six-foot residential side yard. And, as noted, the parking lot in question is one of the largest and most heavily-used public parking lots in the city. Surrounding Zoning, Adaptive Re-Use & Re-Development South, North, East & West o The attached City zoning map (Staff Exhibit S.3) identifies existing zoning designations for the area, largely consisting of C-1-D, C-1 and Multi-family residential. The parcel immediately south of the subject property accommodates the public parking lot and is zoned C-1 (Commercial). Properties immediately to the north are zoned R-2 (Low-Density, Multi-Family Residential). This designation extends up to and across B Street. The west side of Pioneer Street is zoned for Commercial and Employment uses down to A Street. Adaptive Re-Use Across the Street to the West o While zoned C-1 for some time, the two small buildings directly across the street at 163 and 175 North Pioneer Street had previously been in long-established residential use. These two small residences were recently converted to eating and drinking establishments (Ruby’s Restaurant and Gil’s Pub & Restaurant) with heavily used outdoor seating consistent with the allowed uses in the C-1 zone. Adaptive reuse of these two residences was achieved through a reduction in the required off-street parking made possible through the flexibility prescribed in Chapter 18.4.3 – Parking, Access and Circulation – of the Land Use Ordinance. In addition, the former drycleaner located at 151 North Pioneer Street was recently remodeled and converted into an art gallery.The property owner’s original letter asking Council to consider initiating a re-zoning of the property is included in the Planning Commission packets and details some of the impacts associated with the intensification of use of these properties. Re-Development Along Lithia Way o The heavily-utilized 64-space public parking lot directly adjacent to the subject property is connected to a private parking lot on the adjacent property to the southeast via easement. The private lot includes 56 surface parking spaces and 33 garage spaces. This property previously had a mix of uses including an outdoor lumberyard and small complex of office and personal services spaces, but has begun to re-develop in recent years with a mixed-use development that includes the recently completed Plaza West building with ten residential units over ground floor commercial space and recently approved and soon to be constructed Plaza Central/East and Plaza North which include an additional 19 residential units over ground floor commercial space. Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 5 of 10 The opposite side of Lithia Way between Pioneer and First streets has also seen significant redevelopment in the recent past. The two-story mixed use building located at 140 Lithia Way was constructed in 2001 (Yogurt Hut). The three-story mixed use building located at 150 Lithia Way (Chloe Salon) was approved in 2005 and includes retail commercial space on the ground floor and two residential units. The three-story building located at 180 Lithia Way was approved in 2004 and includes commercial retail and office space on the ground floor as well as parking in garages at the rear of the building. Changes in Traffic Generation & Circulation Anecdotally, it certainly seems that traffic and parking demand have increased in the vicinity as surrounding sites intensify their use. The Engineering Division has placed traffic counters on this block of North Pioneer Street and will have an up to date report on observed traffic levels in the immediate vicinity for discussion at the August 9, 2016 Planning Commission hearing. (Staff delayed placing these counters previously because of a building being reconstructed at 151 North Pioneer Street, just across the street, to avoid any skewing of results by the construction project.) Commercial Land inventory (2007 Economic Opportunities Analysis (EOA)) In a 2007 Economic Opportunities Analysis (EOA) conducted for the city by EcoNorthwest, a slight deficit of approximately six acres in available commercial and employment land was identified over the typical 20-year EOA horizon. One of the key deficit areas identified was lots of less than one-acre in size. Given that the City recently entered into a Regional Problem Solving (RPS) agreement which indicated that existing city boundaries would be retained for a 50-60 year time frame, the addition of any C-1 zoned land – while not resolving the deficit - could certainly be found to be consistent with the identified land needs. Historic Commission Recommendation As noted above, the subject property is located within the Ashland Railroad Addition historic district, and the existing home, the ‘James W. Losher House’, is considered to be a Historic Contributing resource in the district. The Historic Commission has not yet considered the proposal as this is being written. Their recommendation will be distributed at the August 9, 2016 Planning Commission hearing. Staff Evaluation and Recommendation Public parking lots in Ashland’s downtown are areas of intense activity, and the level of activity has and continues to intensify over time in conjunction with in-fill, adaptive re-use and redevelopment around the downtown. The parking lot adjacent to 150 North Pioneer Street includes 64 public parking spaces and easement access from an adjacent private parking lot which is ultimately intended to serve 56 surface spaces and 33 garage spaces. The combined 153 spaces are larger than the 145 space Hargadine Street parking structure, Ashland’s largest public parking facility. Unlike other properties adjacent to public parking in Ashland, the property under consideration here is separated by a six-foot residential side yard rather than the more typical buffer of a public right-of-way (alley or street) or a larger rear yard. Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 6 of 10 In previously considering a zone change back in 1992, the Council ultimately determined that the existing R-2 zoning provided an important buffer between the more intense C-1 uses to the south and the historic Railroad Addition District residential neighborhood a short distance to the north, and that the Conditional Use Permit process provided adequate options for some measure of commercial use for the R-2 zoned commercial property. In addition, the Council determined that traffic increases from 1988 to 1992 were insufficient to warrant a zone change and that zoning should be looked at more comprehensively. In staff’s view, this decision merits reconsideration at this time given the intensification of surround uses which has occurred in the interim. The existing six-foot residential side yard setback provides at best a minimal buffer between the intensity of the parking demand created upon the public lot by nearby C-1 and C-1-D uses and the existing historic contributing resource on the subject property. In staff’s view, the adjustment of the C-1 boundary a short distance to the north is likely to have minimal impact on the B Street corridor while providing considerable relief for the subject property. For staff, the neighboring property at 162 North Pioneer Street should also be looked at in conjunction with the current request. While also zoned R-2, the property has had a small retail component on the ground floor consistent with the allowances of AMC 18.2.3.210 and in 2014 approval was granted to allow a single Traveler’s Accommodation unit to be operated out of the upstairs space, with the property owner/manager to reside in the remaining downstairs space. The subject property and this neighboring property share a common driveway which straddles the property line between them, and in staff’s view, particularly given the presence of established commercial uses and a shared driveway, it seems appropriate that any zone change should consider the inclusion of this property as well. In preliminary conversations with the property owner’s family, they have suggested that they would be interested in being included in the zone change. III. Procedural - Required Burden of Proof The approval criteria for Plan Amendments and Zone Changes are addressed in AMC 18.5.9.020 “Applicability and Review Procedure” as follows: A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 7 of 10 affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. IV. Conclusions and Recommendations Public parking lots in and around Ashland’s downtown are areas of intense activity, and this intensity continues to increase with in-fill, adaptive re-use and redevelopment in the vicinity. The parking lot at Lithia and Pioneer includes 64 public parking spaces and easement access from an adjacent private lot which will ultimately serve 56 surface and 33 garage spaces. Unlike other properties adjacent to public parking in Ashland, the property under consideration here is separated by a six-foot residential side yard rather than a public right-of-way (alley or street) or a larger rear yard. Recent parking surveys indicate 100 percent occupancy in the public parking lot at Lithia and Pioneer in the afternoon as well as in the later evening. When a similar zone change was considered in 1992, the Council felt that traffic increases since the parking lot was built were insufficient to merit a change and that the R-2 zoning provided an important buffer between the downtown and the historic Railroad Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 8 of 10 District while retaining adequate options for some commercial use for the property owner. In staff’s view, this decision merits reconsideration at this time given the intensification of surrounding uses which has occurred in the interim. The existing six- foot residential side yard setback provides a minimal buffer between the intensity of the parking demand created upon the public lot by nearby C-1 and C-1-D uses and the existing historic contributing resource on the subject property. Staff believes it is reasonable that the zoning of the neighboring property at 162 North Pioneer Street should also be looked with the current request. While zoned R-2, the property has had a small retail component on the ground floor consistent with the allowances of AMC 18.2.3.210 and in 2014 was approved for a single Traveler’s Accommodation unit to be operated out of the upstairs space, with the property owner/manager to reside in the remaining downstairs space. The subject property and this neighboring property share a common driveway which straddles the property line between them, and in staff’s view, given the presence of the shared driveway and the nature of the uses already in place, it seems appropriate that any zone change should consider the inclusion of this property as well. In preliminary conversations with the property owner’s family, they have suggested that they would be interested in being included as part of the proposed zone change. The R-2 zone is designed for urban living at densities of 13 residential units and greater and intended to meet the city’s need for rental and purchase housing. A variety of mixed- uses are allowed in the R-2 zone including limited retail and office, as well as travelers’ accommodations when these commercial uses are shown to be appropriate and to enhance the neighborhood character. However in staff’s judgement, changes in the immediate area have occurred over the past two decades that support an assessment of the property’s zoning designation. As noted in this report, impacts brought about by construction of the public parking lot and adaptive re-use and redevelopment in the vicinity presents challenges to residential living on the property, especially given the close proximity of the structure to the adjoining parking lot. The C-1 designation allows for residential uses but does not require residential units. A change in the zoning of the subject properties would allow greater flexibility for the use of the property when considering the context of the surrounding area. In contrast, Ashland’s Historic Commission has raised concerns similar those identified in the 1992 decision to deny a change in zoning. The property line separating the subject property from the public parking also represents the boundary separating two of Ashland’s nationally recognized historic districts, the Downtown District and Railroad District. The Historic Commission has noted that a change in zoning represents a step toward the gradual encroachment of commercial zoning into the historic residential neighborhood. This could result in additional pressure to redevelopment the property, leading to the initiation of changes to the structure and/or possible demolition. The Historic Commission believes that the concerns raised by the property owner of 150 N. Pioneer would be better addressed through mitigation, rather than a change in the underlying zoning designation from R-2 to C-1. In 1992, the Planning Commission and City Council found that the current R-2 zoning allowed for a variety uses while ensuring appropriate oversight and transition into the Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 9 of 10 railroad district. The decision before the Planning Commission involves determining if conditions brought about by changes in the area over the past 24 years have impacted the subject property such that greater flexibility in use is justified through a change from Multi-Family to Commercial zoning. Planning Action PA # 2016-00309 Ashland Planning Division – Staff Report Owner/Applicant: Potocki/City of Ashland Page 10 of 10