HomeMy WebLinkAbout2016-08-09_Planning PACKET
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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
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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
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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
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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.
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