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HomeMy WebLinkAbout2025-03-11_Planning MIN Planning CommissionMinutes 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 the public testimony may be limited by the Chair. March 11, 2025 REGULAR MEETING Minutes I.CALL TO ORDER: Chair Verner called the meeting to order at 7:00 p.m. at the Civic Center Council Chambers, 1175 E. Main Street. Commissioner Perkinson attended the meeting via Zoom. Commissioners Present: Staff Present: Lisa Verner Brandon Goldman, Community Development Director Eric Herron Derek Severson, Planning Manager Gregory Perkinson Veronica Allen, Associate Planner Russell Phillips Michael Sullivan, Executive Assistant Susan MacCracken Jain John Maher Absent Members: Council Liaison: Kerry KenCairn Doug Knauer II.ANNOUNCEMENTS 1.Staff Announcements: Community Development Director Brandon Goldman made the following announcements: He introduced Associate Planner Veronica Allen to the Commission. The Community Development Department has completed an update to its online permitting software. At its most recent meeting the City Council upheld the Commission’s approval of the Kestrel Park Phase III subdivision and rejected an appeal of that action. Staff did not receive an appeal of the Commission’s interpretation of PA-T1-2024-00255, 110 Terrace Street. The Council will have a study session on Climate-Friendly Areas (CFAs) and an orientation on the manufactured housing park zone at its March 17, 2025 meeting. The Parks and Recreation Strategic Plan online survey is open until March 15, 2025. 2.Advisory Committee Liaison Reports – None Page 1 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). Planning CommissionMinutes III.CONSENT AGENDA 1.January 28, 2025 Study Session 2.February 11, 2025 Regular Meeting Commissioners Phillips/MacCracken Jain m/s to approve the consent agenda as presented. Voice Vote: All AYES. Motion passed 6-0. IV.CONSENT AGENDA – None V.UNFINISHED BUSINESS A.Approval of Findings for PA-T3-2024-00010, 300 Clay Street Ex Parte Contact No ex parte contact was disclosed. Decision Planning Manager Derek Severson noted several non-substantive corrections to the Findings and stated that these corrections would be included in the final version. Commissioners Phillips/Maher m/s to approve the Findings as presented with the corrections noted by staff. Roll Call Vote: All AYES. Motion passed 6-0. VI.TYPE II PUBLIC HEARING PLANNING ACTION: PA-T2-2024-00053 SUBJECT PROPERTY: 231 Granite Street PROPERTY OWNERS: Stephanie & Bryan DeBoer APPLICANTS: Carlos Delgado Architect DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints permit to construct a new single-family dwelling in steep slopes greater than 25% within the hillside overlay area, including exceptions to the hillside design standards. The proposal includes a Type 2 variance due to the proposed driveway grade exceeding 18%. The applicant also requests a tree removal permit to remove 67 trees, 63 of which are between 6” and 12” Diameter at Breast Height (DBH), 8 of which are dead, and 4 are significant trees which are larger than 12” DBH. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; ZONING: RR-.5; MAP: 39 1E 08 DA; TAX LOTS: 1800 Ex Parte Contact Commissioners Herron, Maher, Phillips, and Verner conducted site visits. The following Commissioners disclosed ex parte contact: Commissioner Herron received a group email regarding Page 2 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). Planning CommissionMinutes this project; Commissioner MacCracken Jain saw a news article on this item but did not read it; Commissioner Phillips was approached by a neighbor about this project before he informed them that he could not discuss this topic. No other ex parte contact was disclosed. Staff Presentation Chair Verner noted that the Commission had received numerous public comments since the packet had been posted (see attachment #1). Staff Presentation Mr. Goldman noted that this proposal is for the development of a single-family home in a hillside zone, and that this specific property was created prior to adoption of the City’s hillside ordinance, and as such is considered a developable property for 1-2 homes under state law. Mr. Goldman also clarified that the existing irrigation ditch is uphill from the proposed home, and that there is currently no public trail access through the property, although one has historically been used by neighbors and the community for recreational use. He noted that this site is included in the City’s Parks, Trails, and Open Space 2024 plan as a trail segment that the Parks Department would like to acquire. He noted that the City’s Comprehensive Plan states that the City would not use eminent domain to take private property for parks purposes, and would instead negotiate with those owners to this end. As such, the dedication of a public easement is not a criteria of approval related to the development of a single-family home on a legal lot of record. Ms. Allen outlined the application request and provided a background on the property, reiterating that it is a legal lot of record and stated that, while the site contains severe slopes, it is acknowledged to be developable for a single-family home or duplex consistent with the underlying zoning pursuant to AMC 18.3.10.090.A1.a, and therefore considered buildable for up to two dwelling units. She stated that the applicant is requesting an exception to hillside standards and another for building design standards due to the topography of the lot. The applicant is also requesting a Type II variance to flag drive standards (see attachment #2). She outlined the applicant’s request to remove 74 trees, though several of these are unregulated trees. The Tree Management Advisory Committee (TMAC) expressed concern with the loss of so many trees, but they recognized that all trees proposed for removal were either within the building envelope or very close to required excavation. The TMAC noted that the applicant included a pool in their application request and that pools are discouraged in hillside zones but not outright unpermitted. Ms. Allen pointed out that the following revisions had been made to the staff report: On page 4 of the Staff Report, “15.23-percent” needs to be corrected to “23-percent” On page 2, incorrectly states that there is a lot coverage variance, the property meets lot coverage requirements. Page 3 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). Planning CommissionMinutes 4 pages of the applicant’s submittals were unintentionally omitted from the packet materials & online posting as follows: 2 pages for floor plan (A1.0 & A1.1) o 1 page for West & South Elevations (A2.2) o And a site plan that shows the distance from the nearest downhill fire hydrant to the o proposed structure Staff recommended that the Planning Commission approve the Physical and Environmental Constraints review permit for a new single-family dwelling in the hillside overlay, including the requested variance to driveway grade, the exceptions to the hillside design standards, and the requested 67 tree removals with staff’s originally proposed 11 conditions of approval, including the follow revisions and added conditions: Modify: Condition #5: Given the number of trees to be mitigated, this condition would need to be changed to comply with the mitigation standard. “Mitigation trees, to be planted on- site, off-site, or payment in lieu at the rate of 1:1 of regulated tree removals.” Remove duplicate condition 4.l on page 12 of Staff Report Add condition #12: “Prior to issuance of a building permit, applicant must provide documentation for the access easement.” Add condition #13: “Prior to issuance of building permit, applicant must have the retaining wall designed by the project engineer (Thornton Engineering) to conform with AMC 18.3.10.090.B.” Add condition #14: “Prior to submittal of building permit, applicant must provide a surveyor’s map that confirms the driveway grade does not exceed 23% and that the length of the portion of the driveway in 35% does not exceed 200 feet.” Add condition #15: “Prior to bringing combustible materials on site, applicant must provide documentation of fire hydrant location within 600 feet and access (easement), and fire sprinklers as required by the Ashland fire department.” Questions of Staff Commissioner Phillips requested clarification on Condition #12 and the flag lot partition criteria under AMC 18.5.3.060.C.. Ms. Allen responded that the proof of access easement would show that there is a legal right to access the parcel through adjacent parcels. Mr. Severson responded that the partition criteria would apply if the applicant were creating a flag lot, but that the driveway and lot in question are already in existence. Commissioner MacCracken Jain noted that a public comment asserted that there are two significant madrones on the property, not one, as was listed on the application. Ms. Allen responded that one of the conditions of approval requires that any omitted trees be added to the applicant’s tree management plan. Page 4 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). Planning CommissionMinutes Commissioner Herron asked if the proposal would also improve driveways along other properties. Mr. Severson responded that they likely wont improve the entirety of the driveway. Applicant Presentation Bryan DeBoer affirmed his family’s commitment to the community and stated that this home was being built for his children. Amy Gunter represented the owners and stated that the cause of this meeting was primarily because of the requested variance to the driveway grade, and stated that a flag lot is not being created. She reiterated the details of the application as well as displayed site and topographical maps. She stated that the development would result in less than the amount of disturbance allowed by the hillside ordinance and that the surrounding area would retain many more trees than those proposed to be removed. She explained how the dwelling had been designed to result in a minimal visual impact to the surrounding area (see attachment #3). She emphasized that the property owners had committed on April 4, 2024 to providing a permanent easement on their portion of the TID ditch trail. Ms. Gunter submitted two pages of additional testimony into the record (see attachment #4) Questions of the Applicant Commissioner MacCracken Jain questioned the application’s request for an exception to the hillside design standards. Ms. Gunter stated that the building was designed to not go further into the hillside as much as possible and to avoid the ditch. The architect for the project, Carlos Delgado, answered that the designed offsets of the building meet the intent of the code. Commissioner Maher asked if the applicants had considered a smaller dwelling. Ms. Gunter responded that the proposed building is only 10% larger than neighboring houses. The Commission requested clarification regarding the driveway. Ms. Gunter responded that the variance request is necessary because the existing length and grade of the driveway necessitates a variance for the development. Public Comments The following public speakers spoke in opposition to the project: Len Eisenberg (see attachment #5) Paul Rostykus Gaia Layser Gus Janeway Denise Kester Kent McLaughlin Page 5 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). Planning CommissionMinutes Julia Janeway Douglas Smith Zahara Solomon Jay Reeck Sarah Sameh David Oursler Craig Anderson on behalf of Rogue Advocates Barbara Shor, John Richards, and Irene Simms signed up to speak but relinquished their time. Jay Reeck, Sarah Sameh, and Craig Anderson requested that the meeting be continued to allow for further public testimony. Applicant Rebuttal Ms. Gunter reiterated that the variance requested is for a preexisting lot of record with a preexisting drive, that the exception to design standards results in the building being less visible to neighbors, and that developing on slopes of over 35% is permitted on legal lots of record. She stated that the proposed driveway is within the legal access easement for this property, and that the owners providing an access easement to the nearby trail the objectives of the City’s Trails, and Open Space 2024 plan are met. She added that neighbors were aware of the driveway easement because it was included in legal documents. Ms. Gunter asked that the specific engineering firm be removed from Condition #13. The Public Hearing was closed at 9:07 p.m. The Public Record was left open to allow written testimony to be submitted by 4:30 p.m. on March 18, 2025. Any party-of-record would then have until 4:30 p.m. on March 25, 2025 to offer a rebuttal to those comments received by March 18. The applicant would then have until 4:30 p.m. on April 1, 2025 to offer any final arguments or comments. IV.OPEN DISCUSSION – None V.ADJOURNMENT Meeting adjourned at 9:09 p.m. Submitted by, Michael Sullivan, Executive Assistant Page 6 of 6 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please email planning@ashland.or.us. Notification 72 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). _________________________________ ! ! ! _________________________________ Introduction & Criteria Property Background Review with exceptions and Environmental Constraints Request: Variance & Physical Design Standards Exceptions to Hillside Property Background Design Standards Exceptions to Hillside Design Standards Exceptions to Hillside Property Background Variance Variance Tree Removal Tree Removal Tree Removal Revisions Staff Recommendation Staff Recommendation Staff Recommendation _________________________________ _________________________________ _________________________________