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HomeMy WebLinkAbout2017-04-11_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 APRIL 11, 2017 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. February 28, 2017 Special Meeting. 2. March 14, 2017 Regular Meeting. V. PUBLIC FORUM VI. UNFINISHED BUSINESS A.Adoption of Findings for PA-2017-00016, 474 Russell Street. VII. TYPE II PUBLIC HEARINGS A.PLANNING ACTION: PA-2017-00200 SUBJECT PROPERTY: 165 Water Street () corner of Van Ness & Water Streets OWNER/APPLICANT: Magnolia Investment Group, LLC/Gil Livni DESCRIPTION: A request for Site Design Review approval to construct a 42,841 square foot, three-story, mixed-use building consisting of commercial tenant space on the ground floor, 26 hotel units on the second floor, and ten residential condominiums on the third floor for the vacant property located at 165 Water Street, at the corner of Van Ness and Water Streets, in the Skidmore Academy Historic District. The application includes requests for a Conditional Use Permit to allow hotel/motel use; an Exception to Street Standards; a Physical & Environmental Constraints Review Permit for the development of floodplain and severe constraints lands; and a Tree Removal Permit to remove seven trees. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR’S MAP: 39 1E 04CC; TAX LOT #: 2000. 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). B ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES FEBRUARY 28, 2017 CALL TO ORDER Chair Melanie Mindlin 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 April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Lynn Thompson Absent Members: Council Liaison: Roger Pearce Greg Lemhouse, absent ANNOUNCEMENTS/AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar announced the Planning Commission’s decision on the Rogue Credit Union application has been appealed to the City Council. He also provided a brief update on the Housing Element update and stated staff was in need of volunteers to host tables at the March 8, 2017 forum. Commissioner Mindlin announced the wildfire working group is continuing to meet and they are working with consultants who are providing technical assistance. PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Commented on new technology available in heat pumps that allow them to run on solar power. TYPE II PUBLIC HEARINGS A.PLANNING ACTION: PA-2016-02103 SUBJECT PROPERTY: 133 Alida Street OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust DESCRIPTION: The Planning Commission will consider an appeal of the Staff Advisor’s approval of a Site Design Review permit to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alida Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit. (The appeal request focuses on the determination of Alida Street as the front lot line, the effect this determination had upon required setbacks, and the resultant impact to the neighboring property at 145 Alida Street.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR’S MAP: 39 1E 09DA; TAX LOT #: 3300. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact No ex parte contact was reported. Commissioner Miller noted she was not present at the last meeting but has reviewed the record, watched the video, and is able to participate. Ashland Planning Commission February 28, 2017 Page 1 of 4 Questions of Staff Staff was asked to comment on the appellant’s claim that there was a procedural error made by staff and a variance was needed to change the setbacks. Mr. Molnar noted this was addressed in the staff report. He explained staff made a determination about the front yard based on the definition listed in the code, which states it shall be the narrower frontage unless there are topographical or access issues. He stated this is a discretionary decision and this provision has been in the code for a very long time. Mr. Molnar explained access does not always apply to vehicular and topographical but also applies to the arrangement of natural and man-made structures. He added that staff disagrees with the claim that this determination required a variance. Staff was asked how common it is to accept these legal, nonconforming features (such as the front lot line) when construction predates the regulations. Mr. Molnar stated it is very common in a town of this age to have nonconformities. He added a determination on corner lots does not come up very often and there is no established precedent. Staff was asked if the front lot line determination defaults to the address. Mr. Molnar stated the determination is based on the definition which states the narrower of the two frontages unless there are access or topographical issues. Deliberations and Decision Commissioner Thompson stated she reviewed the code carefully and believes the appellant’s made some good arguments, however the lot is nonconforming in several ways. She stated if Blaine Street is the front than the whole property is oriented wrong, but if Alida is the front than the lot is not deep enough under the existing rules. For purposes of defining the setbacks she recommended they determine the frame of reference. Thompson remarked that it does not make sense for a house that is clearly oriented to the long frontage to all of a sudden apply rules as if it were oriented another way than it is. She gave her opinion that it makes the most sense to state this is historical nonconformity where the front lot line is the longer frontage (that is how the access and topography are structured) and to deal with this as the status quo. Commission Brown commented that the property next door is also nonconforming and was built too close to the property line. He stated these were built at a different time with a different set of rules, but had the neighboring property met the setbacks this application would not be in question. Commissioner Norton commented on how rear and side yards are used and stated this application works best as it is proposed. He stated this functions better as a sideyard which will not have as much active use that would impact the adjacent lot. Commissioners Thompson/Dawkins m/s to approve PA-2016-02103 and deny the appeal. DISCUSSION: Commissioner Dawkins stated he sympathizes with appellant but stated there are a lot of nonconforming buildings around town and those were built under different regulations than what the code says now. Commissioner Miller voiced her concern over these types of neighborhood disputes. Commission Mindlin commented that she does not believe staff made any errors, that side yard to side yard makes more sense, and making it a backyard could make it even more impactful to the neighbor. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Thompson, and Mindlin, YES. Motion passed 6-0. DISCUSSION ITEMS A.Cottage Housing Standards Senior Planner Brandon Goldman stated a number of the changes have been made to the draft ordinance since it was last reviewed by the commission. He explained a draft was presented to the Housing & Human Services Commission and they had the following issues, some of which have already been remedied: 1) they were concerned about a mechanism to ensure affordability, 2) they were concerned over design restrictions, building setbacks, and the difficultly in locating buildings, parking, and landscaping which could impede development, and 3) they were concerned about the recommendation to reduce the maximum number of units of a cottage development from 16 to 12. Ashland Planning Commission February 28, 2017 Page 2 of 4 Mr. Goldman presented an overview of the changes to the draft ordinance, which include: A minimum of 3 cottage housing units and a maximum of 12. A floor area ratio of .35 with exemptions for common buildings. The height has been amended to set a maximum of 18’ with a ridgeline no greater than 25’, and the 1 ½ story limitation has been removed. Lot coverage remains consistent with the underlying zone; 50% for R-1-5 zone and 45% for R-1-7.5. However the draft includes a greater allowance for lot coverage of pervious materials. Setbacks have been reduced to 6 ft. between buildings, with the exception that setbacks along the perimeter of the development will meet the requirements of the zone. Cottage developments would be exempt from the solar ordinance in cases where the shadows cast from buildings within the development are entirely within the parent parcel. The 20% open space requirement is retained but allows for the open space to be divided into multiple common open spaces provided they are interconnected and accessible to all residents of the development. Cottage design considerations have been stricken from the draft ordinance with exception to the street orientation and pedestrian connections to the neighborhood. The parking requirements have been modified to use the existing multi-family parking standards. The draft now clearly states that porches, patios, gardens, and private yards all count as private outdoor space. Public Input Mark Knox/Stated staff has done a really good job with the ordinance and it is exciting to see this. Mr. Knox voiced his appreciation for the commission recognizing issues in the community regarding affordable housing, but also being respectful of single family neighborhoods, market issues, developer concerns, and the livability for the end user. He recommended language for an exception process be added and to not make it a variance. He stated garage space is a livability issue for many people and they should allow single car garages. He added the houses would need to stay small and the garage should count towards their overall floor area ratio. Regarding solar, Mr. Knox recommended the ordinance require developers to identify solar reserve areas. He commented on open space and suggested wetland could towards this requirement. He added developments should embrace the wetland feature and make it part of the project instead of turning their backs to the wetland space. Carlos Delgado/Voiced his appreciation for the level of work going into this ordinance. Mr. Delgado stated there is not a lot of vacant lot inventory in Ashland and supports incorporating these developments on lots with existing structures. He agreed with the change to remove the 1 ½ story height limitation and agreed with Mr. Knox about wetlands and open space. He voiced support for a minimum of 3 units but voiced caution about allowing large garages. He stated these would likely be used as storage and could create a policing issue for the City, and suggested carports be used instead. Commission Discussion The commission held discussion on the individual components of the draft ordinance, shared their opinions, and received clarification on their questions from staff. In summary: 1)The commission agreed the size of cottage developments should be 3-12 units. 2)The commission agreed with removing the 1 ½ story language and setting a maximum height of 18 ft. with a 25 ft. ridgeline. 3)Support was voiced for a 6 ft. minimum setback between cottages instead of 10 ft. 4)Support was voiced for retaining the 20% requirement for open space and keeping the minimum dimension at 20 ft., but allowing for multiple spaces if there is good justification. 5)The commission agreed with using the multi-family parking standards for cottage housing developments. 6)No concerns were raised regarding the language proposed for private outdoor areas. 7)Consensus was reached to have an 8 ft. dimensional requirement for private outdoor areas. 8)Consensus was reached to allow carports and one car garages, but garages would count towards the FAR. Ashland Planning Commission February 28, 2017 Page 3 of 4 Mr. Goldman noted the next step in this process will be contracting with a professional to create sample site plans and show how developments could be arranged to meet the requirements. Recommendation was made that the contractor use real properties in Ashland, but to not identify the location. ADJOURNMENT Meeting adjourned at 9:15 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission February 28, 2017 Page 4 of 4 B ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 14, 2017 CALL TO ORDER Chair Melanie Mindlin 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 Derek Severson, Senior Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS/AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar announced the Rogue Credit Union appeal will be heard at the March 21, 2017 City Council meeting, he thanked Commissioners Thompson, Brown, and Norton for volunteering to be facilitators at the Housing Forum, and briefed the group on the recent Community Development Department Stakeholders meeting. CONSENT AGENDA A.Approval of Minutes. 1.February 14, 2017 Regular Meeting. Commissioners Thompson/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. \[Commissioner Miller abstained\] Motion passed 6-0. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A.Adoption of Findings for PA-2016-02103, 133 Alida Street. Commissioners Miller/Norton m/s to approve the Findings for PA-2016-02103, 133 Alida. Voice Vote: all AYES. \[Commissioner Pearce abstained\] Motion passed 6-0. TYPE II PUBLIC HEARINGS A.PLANNING ACTION: PA-2017-00016 SUBJECT PROPERTY: 474 Russell Street OWNER/APPLICANT: Laz Ayala/Meadowbrook Builders LLC DESCRIPTION: A request for Conditional Use Permit approval to allow the four second-story residential units in “Building A” at 474 Russell Street to be used for short-term corporate rental housing. This is considered a hotel/motel use because the rental period may be for less than 30 days at a time. The Ashland Planning Commission March 14, 2017 Page 1 of 4 proposal is to accommodate new employees hired by local or regional businesses during their relocation period and would also house traveling professionals who work locally on a short-term contract basis. (The two buildings on the property previously received Site Design Review approval as Planning Action #2015- 01284, and are under construction now. There are a total of ten second floor residential units between the two buildings, and the six units in Building B are to remain standard residential units.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR’S MAP: 39 1E 09AA; TAX LOTS: 2805. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Thompson and Miller declared site visits; no ex parte contact was reported. Staff Report Senior Planner Derek Severson reviewed the project area and explained the application is for a conditional use permit to allow four of the second story units in Building A to be used as short term corporate rental housing. Mr. Severson explained in the E-1 zone this is considered a hotel/motel use, however this would not be a traditional hotel. He noted the two buildings are currently under construction and a total of 10 second floor units will be built between the two buildings. Mr. Severson noted Russell Drive and the Mountain Creek corridor act as a buffer between the buildings and the residential neighborhood and stated the main consideration in this action is whether the proposal will have no greater adverse impact on the livability of the impact area when compared to the target use of the zone, which in this case is a 14,000 sq.ft. office building. Mr. Severson listed the issues raised during the comment period which included generation of traffic, impact to neighborhood character, and impacts on housing and affordable housing; and listed the applicant’s argument in favor which stated the proposal is limited to 4 of the 10 units, the proposal would generate fewer trips than the E-1 target use, and the nature of tenants is much different than that of a hotel/motel with an average stay being 1-6 months. Mr. Severson concluded his presentation and stated staff is recommending approval with the proposed conditions, which includes a requirement for a contact person to be listed in case concerns arise from the neighbors. Questions of Staff Mr. Severson clarified in the E-1 zone the ground floor has to be at least 65% non-residential and there are no restrictions on the upper floors. Staff was asked whether the ownership of these units could be sold to another party who would run it as a traditional hotel/motel. Mr. Severson stated the Commission has the ability to add a condition that would require the new owners to come back and re-apply and agree to the same conditions. He added with commercial conditional use permits the city has typically not required this. Applicant’s Presentation Mark Knox/604 Fair Oaks Ct/Mr. Knox stated the staff report clearly lays out what they are proposing. He commented that this proposal is not a hotel, motel, or travel accommodation and does not cater to tourists. He stated corporate housing does not compete with hotel accommodations or standard residential rentals, as this type of renter typically stays for several weeks or months, and are generally individual tenants. Mr. Knox stated corporate housing has less impacts than a hotel/motel in that there are significantly less trips generated and there is a lower parking requirement. He acknowledged the neighborhood concerns but stated the railroad property, which is 20 acres in size, will generate a significant amount of trips when built out, and while they live in a residential zone it is next to one of the most important employment zones in the city. Laz Ayala/604 Fair Oaks Ct/Mr. Ayala acknowledged the neighbors’ concerns but stated it is important to understand what this is, and what it is not. He commented on the lifestyle of a typical renter and stated the impact of the occupants will be significantly less than a traditional rental or a hotel/motel unit. Mr. Ayala noted the need for this type of accommodation in our community and stated this industry plays an important part in economic development. He stated he has been in this industry for 12 years and has 12 units in Medford and Jacksonville. He added most renters are in the Ashland Planning Commission March 14, 2017 Page 2 of 4 medical field and generally stay between 3-6 months although they have had some stays as long as a year. Mr. Ayala stated a hotel room does not meet their needs and it is extremely difficult to rent an unfurnished unit for less than a year, much less a furnished rental. He stated this application meets the criteria and the impacts are less than the target use of the zone or a conventional rental unit. He added corporate housing is permitted without a CUP, but they would like the ability to assist people if they are needing to stay for less than 30 days. Mr. Knox stated they have no issue with the conditions of approval recommended by staff and clarified they are not proposing any signage. Mr. Ayala added what they have done on his other units is a discreet decal on the window or door, but no signs. Commissioner Questions The applicants were asked whether they would be open to a 2-week minimum stay. Mr. Ayala stated this would defeat the intent of the application and the flexibility they are looking for. He added if they violate the intent of this approval the city has the ability to void that approval. Staff was asked how the collection of transient occupancy taxes would work. Mr. Severson clarified transient occupancy taxes do not apply to stays longer than 30 days and this is something that will be worked out with the city’s Finance Department when the applicant registers their business. Public Testimony Dave Helmich/468 Williamson/Urged the Planning Commission to reject this proposal. He stated this development is directly behind his back fence, and noted people cut through on their narrow residential street all the time and it’s hard to imagine this won’t continue. Mr. Helmich stated this proposal will take the housing units that were already approved off the market and this goes against city policy. He stated this is essentially an Air BNB permit and is surprised the notice for the application was not sent to the entire city. Mr. Helmich stated these units are not consistent with the neighborhood and they want more community, not less. Applicant’s Rebuttal Mr. Knox stated if for any reason one of the units changes ownership they will come back and modify the application. He added their intention was never to build for-sale units, and noted they are not required to provide any housing units at all in this location. Questions of Staff Staff was asked whether a condition should be added to address signage. Mr. Severson explained the application states no signage and the approval would need to be modified to change that. Mr. Molnar added the City has fairly stringent regulations on what types of signage would be allowed and they would need to comply with those regulations. Comment was made expressing concern about a change in ownership and these units being operated as a hotel/motel. Mr. Molnar clarified that while the applicants are proposing corporate housing, hotel/motel is an allowable use in the employment zone. Staff clarified if any of the units are sold, they will need to come back to the City for approval. Deliberations and Decision Commissioners Dawkins/Pearce m/s to approve PA-2017-00016. DISCUSION: Dawkins commented that this is an interesting application and use and can see its benefits. He stated he is concerned about whether this will turn into a hotel/motel, but in the end it does not matter since the code allows that use in this zone. Peace acknowledged the neighbor’s concerns but stated this is an E-1 employment zone and they have to compare the proposal to an office use, not a residential use. He added the application meets the criteria for a CUP. Brown voiced his support for the motion and stated the application meets the criteria. He acknowledged the need for long term rental housing, but stated there is also a need for employment and other housing types. Commissioner Miller voiced concern with the applicants getting Ashland Planning Commission March 14, 2017 Page 3 of 4 approved for housing units and then changing course and removing four units from the rental stock that are so badly needed. Thompson stated the residential neighborhood is next to an E-1 zone and the developer’s choice to develop mixed use and corporate housing is more beneficial to the neighborhood than what they could have done. She added there is no guarantee that this E-1 zone will continue to develop in this quasi-residential way and stated under the code they are required to grant approval. Norton commented that the city is dealing with a housing shortage and stated he is struggling to support this request. Mindlin voiced support for the motion. She stated the application meets the criteria and they were not required to building housing at all. Roll Call Vote: Commissioners Dawkins, Thompson, Brown, Pearce, Norton, and Mindlin, YES. Commissioner Miller, NO. Motion passed 6-1. ADJOURNMENT Meeting adjourned at 8:05 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission March 14, 2017 Page 4 of 4 FINDINGS _________________________________ PA-2017-00016 474 Russell Street TYPE II PUBLIC HEARING _________________________________ PA-2017-00200 165 Water Street Traffic Impact Analysis This application includes a Traffic Impact Analysis. The full document is available online at: www.ashland.or.us/Files/MagnoliaDevelopment_TIA.pdf If you would like a hard copy of the document, please contact April Lucas at 541-552-2041 or april.lucas@ashland.or.us