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HomeMy WebLinkAbout1994-06-14 Hearings Board MINASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 14, 1994 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis at 1:35 p.m. Other Commissioners present were Susan Powell and Jim Hibbert. Staff present were Molnar, Knox, Madding and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes and Findings for the May 10, 1994 meeting were approved. TYPE II PUBLIC HEARINGS PLANNING ACTION 94-067 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF SIX APARTMENT UNITS (THREE DUPLEXES), LOCATED ON VANNESS STREET BETWEEN HELMAN AND LAUREL STREETS. APPLICANT: DAVE GREENE Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT This application is for six apartment units consisting of three buildings, two units each. Knox reviewed the Staff Report. The deficient parking can be corrected. The solar encroachment problem can be remedied. The landscaping plan is insufficient and Staff is asking for revised landscaping plans before any permits are issued. The three weeping willows on the west property line will be retained. Construction impacts adjacent to the trees should be mitigated by using a material that will allow percolation. Neighbors asked the project be called up for a public hearing because the primary concern was additional vehicles that will be using the unimproved alley. Staff required the alley to be paved from Helman Street to the western property line. The Historic Commission recommended the paving of the alley be delayed and sign in favor of future improvements, but that some surface is needed. The alley can be 12 feet wide. PUBLIC HEARING DICK MCKINNEY, 117 8th Street, does not have a problem with the development itself, but he is concerned with alley paving. The language under 18.108.090 specifically excluded alleys. He understood the applicants would be required to sign in favor of paving alleys until the transportation plan is completed. He would suggest the applicant sign in favor of paving or put down 3/4 minus gravel. The Alley Committee's thoughts would be to mitigate dust, encourage slower traffic, allow water to soak in, and reduce heat. McKinney felt it would be worth trying. BARBARA ROSS, 148 Central, is strongly opposed to the parking slots on the alley. This will impact the neighborhood with additional traffic. She gets an enormous amount of dust now. Only two people need the lane between Central and the alley. After doing her own survey this week, there are 21 cars that go through Bush Lane every week that don't need to use it. An added 20 parking slots will impact her. In the file, she noted the police objected to alley parking. She is also opposed to paving for environmental reasons. LOIS VANAKEN, 140 Central Avenue, owns the house on the rear of the subject property which is directly across the alley from the proposed parking site. The parking area is too large for the area it is in and will make a major impact on the neighborhood and change the character of the alley. People use the alley as a pedestrian way and children play there. She does not want the alley paved or widened. Her proposal would be to have two parking spaces off VanNess, decreasing the Icad on the alley and this would not compromise how the site looks from VanNess. H. L. WOOD, 173 Helman Street, is not opposed to the entire project, however, wants the applicant to sign in favor of not paving the alley at this time. He is also representing AI Davies (171 Helman) and Joan Haddad (175 Helman). He would favor the two parking spaces off VanNess. EVA COOLEY, 348 Iowa, owner of the property at 143 VanNess, said she is opposed to the alley paving requirement. She would rather see something like crushed rock. The parking is going to encourage more traffic. She would like one or two off-street parking spaces in the front of the development. She is opposed to the applicants cutting down three large trees. She is opposed to heat pumps which increase the noise Icad in the neighborhood. ADOLPH ZANO-I-I-O, 119 VanNess, stated he is against parking on the street. The alley is not sufficient for any two vehicles if they meet. There are vision clearance problems. Why isn't there a driveway entrance from VanNess? He does not want heat pumps as they are very noisy. Will a fence be erected next to his property? He does not want the alley paved. How can excavation equipment fit down the alley to work on the construction? ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES JEFF JONES, 165 VanNess is opposed to the alley usage and paving. He has had difficulty getting a trailer down the alley in the past. He would like to see the parking altered off VanNess and let cars enter the property from VanNess. With regard to safety, there are 24 or so children who will be forced off the alley. Staff Response Molnar said the Police Department reviewed a pre-application in 1992. The comment made about access was based more on personal opinion that any police policy. Molnar said a flag drive was discouraged because it would not comply with the Site Design standards. If there was stacked parking in the front, it would require cars backing onto VanNess. Do you bring a driveway through the front and pave over a large area or do you have parking in the rear? Molnar continued that the traffic will increase 42 vehicle trips per day from the project. Staff has not made a final decision about the paving of alleys but hope to have an ordinance in place in the future. Concerning the width of the alley, Molnar said from a planning standpoint, once the alley is wide enough so cars can easily pass, then cars tend to go faster. COMMISSIONERS DISCUSSION AND MOTION Hibbert does not see how this application could be denied because no one wants the applicant to use the alley. He believes it would be better for everyone if the alley was paved, but the neighbors do not want it paved. Jarvis agreed with Staff's suggestion and that is, finish up to the west side, thus encouraging traffic to head out. The 3/4 minus gravel would seem appropriate for a width of 12 feet. This can be tried and at the same time, the developer should sign in favor of paving. Powell would like the alley improvements (12 feet wide, 3/4 minus gravel, sign in favor) should be done prior to construction, not after Certificate of Occupancy so that the concerns of the neighbors of getting in and out during construction can be addressed. The improvements need to be in place prior to issuance of a building permit. Add the following Condition: Heat pumps are subject to the noise ordinance. Prior to the issuance of building permits, Staff will review the placement and location of the heat pumps. Hibbert moved to approve with the above Conditions including retention of the ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES weeping willow trees. Powell seconded the motion and it carried unanimously. PLANNING ACTION 94-071 REQUEST FOR A CONDITIONAL USE PERMIT AND A SITE REVIEW TO CONSTRUCT AN ADDITIONAL CAR WASH BAY (420 SQ. FT.) LOCATED AT 690 HARMONY LANE. APPLICANT: ASHLAND BUGGY BATH Site Visits and Ex Parte Contacts Hibbert and Jarvis had a site visit. Powell had a previous site visit. STAFF REPORT Knox reviewed the Staff Report. The applicant is proposing an additional car wash bay. The issues arising from this application are noise, light, glare, traffic, architectural compatibility, generation of environmental pollutants, and the project as it relates to the adjacent property owners. Staff has added Conditions of approval assuring the above do not occur. Staff has received complaints in the past about the noise generated from the car wash's vacuums. Noise attenuating covers have been added to reduce the noise. Staff recommends the addition of Condition 12 that the street trees along Harmony Circle be situated in such a way that the vision clearance area is not obstructed. PUBLIC HEARING WES HERBERT, would like to add a car wash bay. The only complaints have been made in the last year by a lady across the street. She has had complaints about customers, noise, and radios. Herbert has had noise readings taken. He has replaced motors with quieter motors and boxes over the vacuums. PATTY GRANT, 2800 Normal, stated her concern is the lights from the car wash. The lights shine through her windows at night. Also, the one minute signals for washing cars ring many times during the day. SYL ZUCKER, 667 Normal, said she also is concerned with the lights even though they are about 600 feet away from her property. The ringing is a problem also -- it is loud and often. One more bay would increase the ringing. There is water runoff on ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES her property and no one is taking responsibility for it. She is worried if there is extra water from the car wash, could there be leaking pipes. With the addition of a bay, there will be generation of more traffic and dust. Even though there is a sign asking people to turn their radios down, they don't always do it. HERBERT, rebuttal, agreed to use a light signal instead of a bell. The car wash shuts down in the evening. He will take care of the lights shining in the neighbor's windows. There are lights in the vacuum boxes. Knox suggested wording for Condition 10 -- Requires the applicant to replace existing light fixtures above the vacuums with a more direct down light fixture. Such fixture shall be of type to prevent light and glare. Herbert also said there is no water leakage coming from his property. COMMISSIONERS DISCUSSION AND MOTION Add a Condition that lights will replace the ringing signal. Powell moved to approve PA94-071 with the above added Conditions, including Knox's. Hibbert seconded the motion and it carried unanimously. PLANNING ACTION 94-077 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS AT 937 OAK STREET. APPLICANT: CATHY GOLDEN Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT This action was called up for public hearing by two neighboring property owners. A large portion of the property is in the floodplain corridor. Concerns by neighboring property owners were future development after this application. It is conceivable the remaining parcel 3 could be split again. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES PUBLIC HEARING SEAN DOWNEY, 762 B Street, has an agreement to purchase Parcel 2. He feels it is continuing the pattern of development along Oak Street. He would prefer to sign in favor of sidewalks down Oak. The only sidewalks are in the area of Don Greene's development. He objects to their future Certificate of Occupancy being tied to Parcel 3, over which they have no control. VIRGINIA HONDA, 943 Oak Street, wants to make sure anything being done is done at the fenceline, not on her property. Jarvis said this was not a planning issue. NIKI NEWKIRK, 375 Normal, expressed that in view of the entire parcel, it would seem the City could gain some amenities by requiring sidewalks, street trees and a path toward the creek. It seems like a clear intent to take a large parcel and split it off again and develop it. DON GREENE, 375 Normal Avenue, is not opposed to the project but what is happening to the planning process. There does not seem to be a fair and equal enforcement of the ordinances. He sees this application as seeking to exempt itself from the subdivision ordinance. If this had been processed as a subdivision, the applicants would have to provide open space and have plans prepared by a surveyor. There is skimpy information on this application. There is a problem on all the boundaries on Oak Street. If a survey had been present, the Planning Commission could have seen what the lines would be. All City fees would be paid for in advance. This is a clear avoidance of the City ordinances and a clear intent to divide the parcel once more. This application should be processed as a subdivision. Molnar responded that open space is not required for a subdivision under ten lots. Staff Response Molnar responded that if this application had been processed as a subdivision, it would be done under the performance standards and there would be no required lot sizes so there could be depths greater than widths. If a density transfer was requested because of the floodplain, there would be a potential of 10 to 12 houses allowed on Oak Street. There is a 40 foot wide greenway easement along the creek, but no way to get there. The Commission could require access to the creek from Oak Street. A relationship has to be shown between the impacts of the proposal and the Condition added. With the exception of the street trees and sidewalks, Molnar could not think of a reason to develop under the subdivision process. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES 6 The boundary controversy still has to come to a resolution through an agreement between the property owners. COMMISSIONERS DISCUSSION AND MOTION Add a Condition 7 to require street trees. Add a Condition 8 to require an easement from Oak Street to the pedestrian easement along the creek. Modify Condition 2 that sidewalks be installed at the time of occupancy with the exception of Parcel 3 -- a sidewalk be installed by the time the property is surveyed. Powell moved to approve PA94-077 with the above Conditions. Hibbert seconded the motion and it carried unanimously. PLANNING ACTION 94-084 REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHURCH TO ACCOMMODATE 8 TO 12 PERSONS LOCATED AT 530 MAPLE WAY. APPLICANT: TIZIANA DE ROVERE Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT This is a proposal for a church for 8-12 persons with two services per week. Parking has been addressed in the application as well as a handicap space being provided. The main issue raised by effected property owners is traffic. The area of the parking requirement that could be disputed is that the standards (one per four) apply to larger congregations. Cars will be coming in short time intervals and there is some question as to how disruptive this will be to the neighbors. Also, the neighbors mentioned that many churches rely on the possibility of expanding over time. The parking available limits this facility to 12 people. There is nothing to accommodate future expansion. This could be an enforcement problem. There are four attached Conditions if the Commission wishes to approve the application. There is a memo included in the packet from Don Paul. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES PUBLIC HEARING TIZIANA DE ROVERE, 530 Maple Way, stated that the size of the church has remained steady and usually people carpcol. The church is in the lower part of her house and she would not want a large congregation. If it expands, she would find a larger place. The group has been together for about two years and most come from Ashland. The highest number of members is probably 12 with 8 average. If they expand, she will move somplace else. Jarvis asked why she would not find another place to meet now. De Rovere responded that it would be difficult to find a place in view of the small congregation to maintain a certain amount of energy and concentration. The congregation is not big enough for her to rent a space. JOYCE WARD, 549 Auburn Street, explained that she prepared the findings and wanted to address the concerns of neighbors. The area is zoned R-2 and is adjacent to the Health Care zone. There is already more traffic than many R-2 or R-1 neighborhoods. The street is wide. There is no more traffic than if someone was having a bridge party. They explored different ways of parking and decided not to pave over large areas on the lot. They favored keeping the residential driveway and the on-street parking. Jarvis noted this is a dead end street which makes the additional traffic a significant problem. When you have 12 people coming, you have 12 people driving cars. She was there today and could not see where to put 12 cars. There is no alternative route out -- you get out the same way you get in. Ward did not perceive this as a problem. Jarvis would be very concerned about getting someone in a wheelchair down the driveway because it is so steep. She does not mind the call box, but she would be concerned about a church that is open to everyone having an access like the one proposed. She is not convinced it is accessible to everyone that is handicapped. Ward consulted Darrell Ackerman from Salem and he found this access acceptable. Powell wondered if churches are exempt from property taxes. Molnar thought that was correct. GARY OR LINDA MAILCOTT, 545 Maple Way, read comments into the record. WAYNE CAHILL, 555 Maple Way, presented pictures to the Planning Commission showing traffic and parking. He has seen a lot of activity going on at this time for ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES three to four days at a time. This Conditional Use Permit does not really let the neighbors know what will be approved. How many people will be coming? He can see enforcement as a problem. He has noticed cars arriving at 10 a.m. and leaving at 11:00 p.m. for three or four days straight. So far, up to six cars have parked on the street. The application seems more like a business. JOHN OTTO, 516 Maple Way, also owns 518, stated that if the applicant receives approval, she would be entitled to a tax exemption for every portion of the building that is used as a church. So far, her car has been the only car in the garage. No cars park in the driveway. All cars have been parked on the street. There is no place for his visitors or his renters to park. Everytime someone turns around in the cul-de- sac, lights flash in his window. When they turn around, if a car is parked across the street in the driveway, they have to back into their driveway and back out. School buses turn around there and it is almost impossible to turn around in the cul-de-sac when cars are parked there. Hibbert asked with what frequency cars are seen. Otto responded that it is most often in the evening because residents are coming home from work and there is no place to park. Last week, there were cars parked two to three days, all day long. They are sometimes there in the evening. REBECCA O-I-I-O, 516 Maple Way, explained that the condominiums on the end of the cul-de-sac are single family dwellings but during the school year can house four to five students and each student has a car. DE ROVERE, rebuttal, said her workshops are not considered part of her church. She is bothered that she did not have the opportunity to talk to the neighbors. She is on sabbatical now and does not do counseling. She has friends that come to visit her during the day and in the evening. Jarvis asked when people come to church and how long do they stay. De Rovere said they come one evening a week from 7:30 p.m. to 10:00 p.m. on either Monday or Tuesday and every other Sunday at 11:00 a.m. Hibbert asked about the number of cars on the street during the last week from 10:00 a.m. to midnight. De Rovere said she had friends staying with her this last week. There were five people there for the weekend as friends. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES COMMISSIONERS DISCUSSION AND MOTION Hibbert finds it difficult to know what is happening there. Powell is uncomfortable in this situation because it is not in a traditional building with cross streets. She is concerned with the hill, the cul-de-sac and no potential for growth. Something is happening with parking. Hibbert said there were very few cars on the street during his visit. Jarvis and Carr noticed several cars on the street during their visits. Jarvis has difficulty with the cul-de-sac and she cannot believe she can limit her congregation to 12 members and since parking is a problem, she cannot allow it in this application. Based on Criteria C (b), the peak hour impact based on on-street parking with lack of a turnaround is a problem to provide adequate transportation. The vehicle trips are not spread out. Powell moved to deny PA94-084 based on Criteria C. Hibbert seconded the motion it carried unanimously to deny. TYPE I PLANNING ACTIONS PLANNING ACTION 94-083 REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND A NON- CONFORMING STRUCTURE (OUTDOOR STORAGE SHED) LOCATED AT 100 ALIDA STREET. APPLICANT: LESLIE FOSTER The Commissioners were concerned that the applicant would really like to have a small rental. Therefore, the action is approved unless she would wish to convert it to a rental unit and then it could be re-noticed for Site Review approval. PLANNING ACTION 94-086 REQUEST FOR A CONDITIONAL USE PERMIT FOR A THREE-UNIT TRAVELER'S ACCOMMODATION FOR THE PROPERTY LOCATED AT 91 GRESHAM STREET. APPLICANT: KATHLEEN BUFFINGTON ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES lO This action was approved. PLANNING ACTION 94-087 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS FOR THE PROPERTY LOCATED AT 25 WESTWOOD STREET. APPLICANT: ANNA HASSELL This action will be delayed until the Regular Meeting tonight for Staff to find out if this approval would adversely effect the Strawberry/Westwood Neighborhood Plan. PLANNING ACTION 94-088 REQUEST FOR A SITE REVIEW TO ALLOW FOR FOUR RESIDENTIAL UNITS ON THE PROPERTY LOCATED AT 667 PARK STREET. APPLICANT: LEROY OWENS This action was approved. Condition 7 -- That all requirements of the Ashland Fire Department be met prior to an issuance of a Certificate of Occupancy. PLANNING ACTION 94-089 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS AT 875 FAITH AVENUE. APPLICANT: RON DELUCA This action was approved. PLANNING ACTION 94-090 REQUEST FOR A MINOR LAND PARTITION AND BOUNDARY LINE ADJUSTMENT TO DIVIDE A PARCEL INTO TWO LOTS AT 970 ELKADER. ACCESS TO REAR PARCEL TO BE THROUGH THE EXISTING DRIVEWAY SERVING THE RESIDENCE AT 1192 EMMA. APPLICANT: RAY AND CHERYL PERRY This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE 14, 1994 MINUTES 1! PLANNING ACTION 94-091 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 10,000 SQ. FT. INDUSTRIAL BUILDING FOR THE PROPERTY LOCATED AT THE SOUTH VALLEY BUSINESS PARK (LOTS 4 & 5) ON BENSON WAY. APPLICANT: DAVE FITCH This action was approved. PLANNING ACTION 94-093 REQUEST FOR A SITE REVIEW FOR A FOUR- UNIT APARTMENT BUILDING TO BE LOCATED AT 420 CHESTNUT. APPLICANT: Jon Turrell This action was approved. ADJOURNMENT The meeting was adjourned at 5:00 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD JUNE '14, 1994 MINUTES 12