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HomeMy WebLinkAbout1996-10-08 Planning MINASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 6, 1996 CALL TO ORDER The meeting was called to order by Chairperson Jarvis at 7:05 p.m. Other Commissioners present were Bass, Finkle, Giordano, Howe, Armitage, Hearn, and Gardiner. Carr was absent. Staff present were McLaughlin, Molnar, Madding and Yates. APPROVAL OF MINUTES AND FINDINGS Finkle noted a correction should be made on the Hassell (PA96-094) Findings under Condition 4. It . should read "provided" instead of 'providing". Howe moved to approve the Minutes and Findings of the September 10, 1996 meeting as corrected. Bass seconded and the motion carried with Giordano abstaining. PUBLIC FORUM (No one came forth to speak.) TYPE II PUBLIC HEARINGS PLANNING ACTION 96-086 REQUEST FOR OUTUNE PLAN AND SITE REVIEW APPROVAL FOR A 40-UNIT, MULTI-FAMILY SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION 2225 SISKIYOU BOULEVARD APPLICANT: HARLAN DEGROODT Site Visits and Ex Parte Contacts Giordano declared a conflict of Interest and stepped down. He is the architect on the project. Site visits were made by all other Commissioners. STAFF REPORT Molnar said the applicable criteria for Outline Plan are included in the record and the issues raised at the last meeting will be continued tonight. Refer to the Staff Report Addendum. Location of Open Space - A partially revised site plan is included in the packet showing the northern half of the project. There is a more central open space corridor to the creek area by way of a pedestrian granite path. Parking Impacts - Four parking spaces have been eliminated allowing the landscaped areas to be increased. The driveway has been straightened out, allowing for 24 feet between the north property line and the edge of the 20 foot driveway to lessen the Impact on the neighbor at the corner of Diane and Clay. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES Traffic on Diane - Wes Reynolds, a local transportation planner did a traffic impact analysis of the subdivision. There are currently 450 vehicle trips per day. Reynolds anticipates an additional 35 trips from the project once the project is built out that will use Diane Street. Diane Street's local street capacity is 800 vehicle trips per day. Wetlands and Surface Drainage - A preliminary wetland and hydrology study was done by Scott English, Northwest Biological Consulting. Even though the study was preliminary, he concluded there was no jurisdictional wetlands outside the Clay Creek floodplain area. English recommended certain procedures for improvements in the floodplain (enhancement or restoration) be considered during Final Plan. Staff added Condition 14 regarding submission of a creek restoration/protection plan be submitted at Final Plan for Phase II. The consultant's report seemed to conclude that additional areas of moisture probably came from upslope irrigation water or drainage from adjacent upslope watered lawns. The applicant stated at Final Plan, when the sewer line is installed, certain grading provisions will be done to ensure that runoff will not flow onto the properties to the north. Staff added Condition 12. Staff concluded the applicant addressed the major points from the last meeting. The Tree Commission has asked the persimmon tree not be removed as part of the new road design. Finkle said there was no mention of a parkrow along Clay. Molnar said that can be added as a condition to include as part of the overall design. Finkle asked if there would be garages below the units. Molnar said units 1 through 14 have daylight basement garages on the first floor with a portion of it dug into the hill. Finkle is concerned that it was not addressed in the hydrology report. The report did mention that the soil type was very slow to allow water to go below 31 inches. Molnar said this was not addressed in conjunction with the excavation needed for the daylight basement garages. PUBLIC HEARING HARLAN DEGROODT, 706 Oak Knoll Drive, explained that no lot owners on Diane should be faced with more than two cars being parked at least six feet from the property. He will provide a six foot fence. He believes it is clear in the hydrology report that the area is not a wetland. He has no problems with Staff's conditions. He would like to try and solve the drainage in the first phase. Howe expressed concern over lack of open space for Phase I in the event the rest of the project will not be built. Finkle said when Phase I is complete, those residents will have the rest of the property for open space. DeGroodt said he could include wording in the Conditions, Covenants and Restrictions that would guarantee access by the residents to the rest of the lot. DeGroodt responded to building of daylight basement garages and the soil type by stating that most of that water will run off of the surface and will not migrate downward in a lateral direction. All the units will have french drains. The garage floor will be below ground level at the front door, but it will not be below ground level at the road. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES 2 GEORGE CALMENSON, 2790 Diane Street, asked for a study of subsoils this winter when the rains are heavy. He said reduction of the parking and Increased landscaping does not address the fact that the development has over a half-mile of perimeter. The parking lot is on the only 150 feet that borders single family houses. There are lots of other places to put the parking. He believes the parking located within 20 feet of his and his neighbors bedroom windows will have a negative effect day and night (property value and quality of life). Calmenson commented that Diane Street is a very successful neighborhood and the location of the parking lot on the border will isolate the residents of the development. He suggested a design change that could be made to limit the buildings bordering his property be limited to one story in height to accomplish moving the parking lot away from the property line and reinforce the transitional nature of the development and create some design possibilities that would not isolate the development from the neighborhood. Staff Response Molnar said that the original proposal provided for a much larger parking area along the northern portion of the property. Staff asked the applicant to reconsider the large area along the north property to minimize Impacts on adjacent properties. The applicant must have had design considerations that would impact solar. He has provided more than the required 80 parking spaces. Rebuttal DeGroodt said a single story development would be wonderful but they would not make density. He said the solar ordinance dictates where the buildings are placed. He would be glad to reduce the parking further if that would help, but thought the 24 foot landscaping buffer should be ample. Armitage wondered since DeGroodt had provided 86 parking spaces, could the parking be reduced by five or six spaces? Molnar said there could be some leeway for stacked parking. The Commissioners discussed various ideas for reducing the parking and suggested adding a condition that the new parking be shown at final plan for Phase II, showing no more than six parking spaces along the north property line and landscaping to provide maximum coverage along the homes on Diane. Jarvis suggested adding a condition in the CC&R's that if residents own two vehicles then the garage cannot be used for storage. COMMISSIONERS DISCUSSION AND MOTION Molnar suggested wording for added conditions 15 and 16: That the CC&R's include a provision for not using garages for storage for units with two or more cars. That the parking spaces along the northern property line in Phases 2 and 3 be minimized for the maximum number of parking spaces required overall on the project, not to exceed the minimum established and consider alternatives that will reduce the total number on the north line. These will be refined. Bass is a little concerned with leaving the number of parking spaces uncertain to the future. McLaughlin said the parking will be calculated by starting without stacked and if the stacked is to be considered, it will be an Issue raised at Final Plan review. The Commission would have to make a specific finding the stacked parking meets the requirements. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES Armitage moved to approve PA96-086 with the attached 14 Conditions and the addition of Conditions 15 and 16. Modify Condition 2 to include "parkrow' on Clay Street. Bass seconded the motion and it carried unanimously. PLANNING ACTION 96-111 REQUEST FOR OUTLINE AND FINAL PLAN APPROVAL OF A SEVEN-LOT SUBDIVISION 1004 TOLMAN CREEK ROAD Site Visits and Ex Parte Contacts Heal stepped down because of a conflict of Interest. Site visits were made by all but Armitage. STAFF REPORT Moinar explained the portion of the property on the Tolman Creek Road side is zoned R-1-5 and the area on the other side of Hamilton Creek is M-1. Lot I has an existing residence. There will be a new road constructed from Tolman Creek Road that will terminate along the northern boundary of the property. Staff added a condition to address the slight portion of the rear building envelopes located along Hamilton Creek (Condition 12). The street design proposed is for a 20 foot wide street with seven on-street parking spaces located adjacent to Lots 1 and 2. The applicant has requested, due to the constraints of the property, that a sidewalk be constructed only along the south side of the street. An adjacent sidewalk would be beneficial next to parking spaces. It has been a Council policy to require sidewalks on both sides of any new street. This is Important for long-range planning of the area where it could be connected to a broader street system. Staff believes the project meets the criteria for approval and they are recommending approval with the 14 Conditions Including a Condition for the sidewalk. Also, for clarification, add Condition 15 that the one affordable unit in the subdivision be indicated on a revised Final Plan prior to signing a survey plat. Jarvis asked for a comment about the lot line adjustment. Molnar said that technically the applicant would partition the Industrial property. Since it was noticed and indicated as showing all eight properties, Staff does not have a problem with the partitioning of Lot 8. He added that in preliminary review with the City Attorney, Nolte felt the notice given was sufficient but to take into consideration tonight's testimony. Jarvis noticed on the sidewalk on proposed next to Lot 1, there appear to be some large trees. Molnar said there are two trees and they need to look to see if the dripline needs protection. Giordano questioned the building envelopes and wondered if the garages were going to be built in the front and do the lots meet the 20 foot setback. Bass agreed and said he would rather see front porches. Finkle proposed a Condition 14 that there be a street plug at the north end with a permanent sign erected stating there will be a future street extension. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES PUBLIC HEARING KEITH AVERY, 1049 Toiman Creek Road, has no problem with most of the conditions. There will be a path accessed to the creek down the north or south side of property. Because of the narrow lots, Avery said there will be a tendency for the garages to be located in front. The project has a tight entrance and he is requesting a sidewalk to be located on just the south side. The conifer tree in front will be very close to the sidewalk. They will try to keep a natural fenceline between the school and the property and possibly have an access before Lot 3 with a gate to the school. Avery has a problem with Condition 2 and would rather not sign in favor of formation of a Local Improvement District. Bass asked if Avery would be Interested in building a porch along with the garage. Avery said he does not like to make the garage the prominent part but the overall design of the house will depend on the buyer. Finkle would encourage Avery in addition to the designs Included in the packet, that he give buyers a couple of options for homes with the garage not in the front. Jarvis asked since there seem to be constraints with sidewalks on both sides at the immediate entrance off Tolman Creek Road, would it be possible to start the sidewalk on the north at the curve and taper it for the continuation of the street?. This would be more advantageous for saving the tree. Gardiner wondered if the City was over-engineering for sidewalks in a development that has a more rural atmosphere with a dead end. McLaughlin explained that anything that makes the walk easier, people will tend to walk more. Jarvis added if the lots develop to the north, eventually children might use the interior streets to get to the school. Bass was interested in adding a condition that if the area by the creek is to be used for open space that an easement be provided for the homeowners in the development for access. COMMISSIONERS DISCUSSION AND MOTION Finlde moved to approve PA96-111 with the added conditions. Add Condition 15 designating affordable house be shown on the plans. Add Condition 14 requiring a permanent sign at the end of the street plug. Revise Condition 10 that the sidewalk be double on the north side of the property from the curve to the end. The sidewalk will be complete on the south side and the east side. Add Condition 16 which provides access, if it is necessary. Giordano seconded the motion and it carried unanimously. PLANNING ACTION 96-120 REQUEST FOR OUTUNE PLAN APPROVAL AND SITE REVIEW OF A FIVE-LOT SUBDIVISION 1452 OREGON STREET APPLICANT: EVAN ARCHERD Site Visits and Ex parte Contacts Giordano stepped down because he is the architect on the project. Site visits were made by all. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES STAFF REPORT The history of project is outlined in the Staff Report. The plan stays the same with the development going from six lots to five. There is no density bonus being requested so the development is at the base density of five homes with no provision for common open space. There is an existing house off Oregon Street with access to the four new lots provided by private flag drives coming off Oregon and Windsor Streets. At the end of the driveways, there is proposed a four foot wide granite pathway connecting the two ends of the flag drive. This will be a private easement for use by those owning property within the subdivision. Fifty of the 58 trees in the subdivision will be retained. Staff has recommended approval with the attached 16 conditions. A letter has been submitted by Dorothy Smith discussing some of the conditions that were deleted from the original application. Molnar said Condition 13 (solar) was deleted because the lots are now larger and will not require this condition. Condition 19 can be added back in if the Commission so desires (replace dying trees). Condition 14 is now Condition 13 referencing irrigation lines and can be added in again, Condition 20 regarding a six foot fence can be added in also. The main reason Condition 10 was created was because there was going to be a public sidewalk path along the driveway and a safety rail was Important. Now, there will not be a public walkway requiring a safety rail. The Tree Commission did not submit any additional recommendations. PUBLIC HEARING EVAN ARCHERD, 121 Second Street, said only three trees will be removed in construction of the driveways. The remaining trees are in building envelopes. The drives are to be 20 feet in width in order to aid future development of neighboring lots. In order to avoid more flag drives, some type of easement might be worked out. Archerd responded to Smith's letter. He would like to sea the condition reworded because it does not seem reasonable to guareantee the health of trees for three years. A shorter length of time tying it to damage during construction would seem more reasonable. There is a condition in place to provide for the health of trees during construction. Molnar assured the Commission that all the information submitted as part of Archerd's original design will be included in this record. Finkle asked if Archerd had a problem with constructing fences. Archerd said he does not believe fences make good neighbors but If a someone really wants one, he can provide it. He noted there are not many fences between the houses existing in the neighborhood. DOROTHY SMITH, 708 Indiana, asked that the entire file be incorporated into the record. The solar access is based on an incomplete map and it appears the houses will not work. Under Condition 19, Smith would still like to have the three year requirement because she feels greater care will be taken during construction. She noted two changes she included in the conditions. Condition 13, please add 'in the final plat". condition 14, please add "Including the main valve". SHELDON JAMES, 789 Indiana, came from Piedmont, CA, a hillside community. He believes the threat of fire looms here too. He sees this infill as highly dangerous. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER S, 1996 MINUTES 6 RON CLOW, 701 Indiana, said his main concern is that conditions previously attached will be incorporated this evening. He is against the proposal because there is not a way to and through the development. If people are required to back up it creates danger to children. J DAVID FINE, 735 Frances Lane, does not oppose the project but is concerned about the whole concept of flag drives, forcing people to back out. If the Planning Commission decides this sort of development takes care of traffic needs, he would urge the Commission to Impose a condition that there be a public right-of-way over the flag drives and over the gravel pathway. With regard to protecting the trees, he would suggest five years for replacement would be reasonable. Fine was also concerned these homes meet the solar access requirements. NICOLE KAPP, 1480 Oregon Street, stated it is important that her irrigation water not be interrupted so she would like Condition 13 (in the current Staff Report) be approved. She would prefer evergreen plantings Instead of a fence. Staff Response McLaughlin said the lots comply with the ordinance because they are wider than first proposed with six lots. No additional information is needed at this time. Solar determinations will be made at the building permit level. ARMITAGE MOVED TO CONTINUE THE MEETING UNTIL 10:30 P.M. THE MOTION WAS SECONDED AND APPROVED. McLaughlin addressed the Issue of the public right-of-way access. Fine failed to become familiar with Dolan vs. the City of Tigard regarding "takings' and a reasonable nexus has to be found to require public access. McLaughlin reported that there is adequate turnaround space for private vehicles in the driveways and they will not require backing out, Language can be added to the tree protection condition such as 'due to construction damage" according to McLaughlin. That would allow for an arborist to look at the trees. Armitage thought if there were visible signs of construction damage, then a reasonable time to require tree replacement would be one year. ELUS WILSON, 1475 Windsor, said there are already three to four trees that are dead on the property. Rebuttal ARCHERD said no one wanted the street to go through the development and he is happy with the flag drives in order save more trees. He likes the compromise in the language regarding saving the trees. Archerd never intended to Interrupt irrigation but he does not want to add 'main valve' because he does not even know where it is. He said he would provide shrubbery or fencing, as requested. COMMISSIONERS DISCUSSION AND MOTION The Commissioners discussed each Condition presented by Smith. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES There was consensus to eliminate Conditions 13 and 10 because they are longer applicable. There was agreement to include Condition 14 with its original wording. After considerable discussion and concem that this condition be very clear, the Commission agreed that Condition 19 should add a section that says 'if the developer violates any portion of this section, then the tree so damaged should be replaced". Hearn noted to look at the causation rather than the result. Armitage said that cause has to be shown early and the trees tracked. By combining Conditions 7 and 9: "That any violation of either Condition 7 or 9 caused by the applicant, resulting in death of a tree within two years, it has to be replaced by a comparable tree (2" caliper) and will grow to the same stature." The Commissioners agreed to 'six foot fence or comparable shrubbery' for Condition 20. Armitage moved to approve PA96-120 with the attached conditions and modified conditions as discussed. Hearn seconded the motion. Bass commented that he feels this was a better project the first time around and it is too bad the neighbors are losing a through street and public access through the project and the public open space. Jarvis agreed thought people have a tendency not to look at the community at large. Howe seconded the motion and it carried unanimously. ARMITAGE MOVED TO CONTINUE THE MEETING UNTIL 11:00 P.M. IT WAS SECONDED AND APPROVED. TYPE III PLANNING ACTION PLANNING ACTION 96-116 REQUEST FOR MODIFICATION OF CHAPTER 18.106 OF THE ASHLAND MUNICIPAL CODE PERTAINING TO ANNEXATION CRITERIA. SPECIFIC MODIFICATIONS INVOLVE CLARIFICATION FOR DETERMINING 'ADEQUATE TRANSPORTATION' AND 'AFFORDABLE HOUSING" REQUIREMENTS. APPLICANT: CITY OF ASHLAND McLaughlin explained they have tried to clean up some of the annexation criteria. They primarily looked at the approval standards and tried to clarify them with what they have learned from appeals to LUBA and also what the public sees and how they read the criteria. McLaughlin went over each area that is changing (as explained in the boxes on the draft copy dated August 20, 1996). He explained the affordable housing inclusionary requirement. Previously, an applicant has been required to show public need for land. The wording now says all residential annexations will provide affordable housing. GERRY SEA, Housing Commission member talked about the affordable housing component of the annexation criteria. The Housing Commission was formed to encourage affordable housing to a wider range of city residents, preserving the character of the community by involving the public and private sectors while encouraging financial entities to support housing programs. The Housing Commission has three recommendations. Those recommendations have been made part of the record. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER S, 1996 MINUTES 8 Medinger explained the Housing Commission Is trying to take a long-term view. This would be an opportunity to raise some cash to be used in more inventive ways than we are using now and not just for home ownership. Medinger said he worries about requiring affordable housing in hillside annexations. When a density bonus is offered to pay for affordable housing, more units would be built on a hillside with more driveways and accesses and hillside cuts. The cost for a foundation alone could be $15,000 vereus $2,000 on a fiatland. It would be more appropriate to contribute to the Housing Trust Fund. Madeline Hill Introduced Glenn Hannon who is the Director of Advocates for the Severely Handicapped (non-profit). Hill suggested a developer could put cash In lieu of housing into a fund. The Housing Commission could then use that money along with matching funds and local non-profits for Ashland could quadruple those dollare and get federal and state grants. Many grants go unused. For example, a down payment Is needed before you can get the remodeling grant, which leads to getting more money. Hannon said in 1992 they lost a long-term rental of a group home for ten handicapped people. They were able to come up with private matching money. Jarvis suggested if she were going to build houses and could pay her way out, she would do it in a heartbeat because she could make more money. She sees if everyone buys their way out, Ashland will end up with no affordable housing unless the payment to be made is so significant that it would be to the advantage of the developer to pay into the fund. Most of the land that will be annexed will be flatter and cheaper land. Medinger said the Commission did not consider that aspect. He noted when there is an affordable house for sale, it is an immediate sale. Sea said the Commission is not sure housing can be provided for households at 80 percent of median income. Hill would like to make sure the 80 percent is not a backdoor way not to have any more annexations because the banks won't finance. Medinger said the other residents in the subdivision help subsidize affordable housing. McLaughlin commented that as we annex land and allow urbanization, there is a value imparted to that rural land. There is a benefit imparted by the city to the land owner and that benefit can be returned to the city by a developer providing affordable housing. McLaughlin said the points made by the Housing Commission are good, and the annexation criteria can be amended later to perhaps incorporate some of their ideas. Page 6, Item 3, the City Attorney needs to review the wording. Perhaps it should read: "...hazard to exist within the annexation area'. It was moved and seconded that the annexation criteria be forwarded on to the City Council with the proposed changes. ADJOURNMENT The meeting was adjoumed at 11:00 p.m. ASHLAND PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 1996 MINUTES