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HomeMy WebLinkAbout1994-06-28 Planning MINASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES CALL TO ORDER The meeting was called to order at 7:10 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Thompson, Cloer, Hibbert, Powell, Carr, Armitage, and Bingham. Staff present were McLaughlin, Molnar and Yates. TYPE II PLANNING ACTIONS PLANNING ACTION 93-121 REQUEST FOR FINAL PLAN APPROVAL OF A FIVE-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY LOCATED TO THE WEST OF THE CUL-DE-SAC OF IVY LANE. APPLICANT: RAD WELLS Site Visits and Ex Parte Contacts Thompson had a recent site visit. He walked the property and noticed it was very steep and it had been cleared since his first site visit. Cloer had a site visit and was reminded of Hibbert's suggestion to start thinking about the forest interface and a tree and fire protection ordinance. He also drove the Loop Road and noticed the extreme fire danger. Hibbert had a site visit. He is acquainted with Rad Wells. Hibbert also has a friend that lives in the area, Joe Vasilik, however, they have not discussed the project. He believes he can be fair and objective during this process. Powell did not make a site visit recently. Even though she was not at the November meeting, she did listen to the tapes of that meeting and she believes she can participate in tonight's hearing. Carr had a site visit. She shared Cloer's observations about fire danger. She found her visit unsettling. Armitage had a site visit within the last two weeks. He observed that the property had been logged of dead and dying trees. This is not a natural forest site. Bingham has not been to the property since the November hearing but he observed that several trees had been cut down. Jarvis visited the site with Don Paul, Keith Woodley, Jim Hibbert and Bill Molnar and they had a discussion of what was going to happen to the trees. She was on the site last week and today and she observed that most of the trees that had been downed were madrone. STAFF REPORT This application was reviewed in November as outlined in the Staff Report. The applicant has hired an arborist who has submitted a tree management plan. A memo has been included in the record to Bill Molnar from Paul Nolte, City Attorney. The Planning Commission can impose a Condition requiring bonding for trees. However, the Findings have to articulate a value to the public for each tree. Last month a site visit was done with Staff, Don Paul, Jarvis, Hibbert and the arborist to go over what type of tree removal needed to be conducted. Molnar showed a video of the property. Cloer wondered how the CC&R's can be monitored. McLaughlin said it could be part of the building permits. The applicant would have to provide copies of the contracts. PUBLIC HEARING RAD WELLS, 1031 Ivy Lane, stated that his lot has 47 trees that are still on the lot and another 33 that have been planted. He is trying to preserve the viewscape. Armitage noticed the granitic soil on the site and had concerns about erosion. He wondered what will happen to the site excavation material. Wells responded that he would like it to remain on-site to protect against run-off problems but if he can't find a place for it, he will remove it. PETE SEDA, was delighted the Planning Commission is so concerned about tree preservation. He was hired to save the trees as much as possible. He will not save a tree that is going to be buried. Protective measures are outlined in his tree management report. Powell observed that each tree person that has been a part of this application seems to have had a different perspective. Seda said the last tree person did an inadequate job. The approach of urban forestry is a relatively new; doing construction around trees costs more money and takes more care by the building contractors. Seda has included a contractor's guarantee. Seda is still looking at a way to remove the cut logs. Jarvis mentioned that the Tree Commission Site Review included two conditions that ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES were somewhat in conflict with each other. She suggested that the applicant plant street trees on the street and native trees on the lot (or a mixture) instead of using the wording of the Tree Commission. Carr asked if Staff agreed that E, G, and H be deleted from the CC&R's. Molnar suggested the following wording for Condition 12: The CC&R's specifically name the City as the beneficiary of the covenants regarding tree removal with the authority to enforce such covenant; and such covenants shall not be amended unless there is consent of the City of Ashland and shall provide for attorney fees for enforcement of the covenants. Sections E, G, and H will remain in the CC&R's. The Commissioners wanted to add a Condition for the language in "B" in the CC&R's. Add "a list prepared by the arborist, as attached". Armitage wondered about adding something about bonding. It is hard to set an arbitrary figure on a tree. Hibbert felt that in light of the improvements that have been made since the last meeting on this application, he felt a bond was no longer necessary. COMMISSIONERS DISCUSSION AND MOTION Cloer moved to approve PA93-121 and that the tree protection issue has been resolved to the Commissioner's satisfaction and the criteria for Final Plan approval was not an issue, and moved to approve with the attached 13 Conditions as modified. Penalties placed in the contract Attorney fees be added in CC&R's The complete re-wording of Condition 12 (Molnar's wording above) The list of trees be added to CC&R's (arborist's list) No requirement for a bond Hibbert seconded the motion and it carried unanimously. PLANNING ACTION 94-092 REQUEST FOR OUTLINE PLAN AND FINAL PLAN APPROVAL FOR A FIVE-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED AT 965 TOLMAN CREEK ROAD. ALSO REQUESTING A CONDITIONAL USE PERMIT TO LOCATE ACCESSORY RESIDENTIAL UNITS ON THREE OF THE FIVE LOTS. APPLICANT: BILL ROBERTSON ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES Site Visits and Ex Parte Contacts Site visits were made by all. Thompson excused himself because of extensive contacts with the applicant. Cloer was not certain of the side yards or lot widths and noticed a number of trees on the property. STAFF REPORT The proposal is for a five lot subdivision with a private drive off Tolman Creek Road. The turnaround would accommodate a hammerhead turnaround. The parcels are in excess of 5,000 square feet. The request is also to allow accessory residential units (400-600 square feet) on three of the five lots. Residences are approximately 1500 sq. ft. Staff discussed with the applicant about talking to the owner of the flag on Jaquelyn to see if a road could go through. The applicant had a couple of discussions, but the owner is not interested in negotiations. Staff counted in excess of 30 trees on the property and concerns have been raised regarding the trees. Staff did not know if all the trees have been located on the site plan. The applicant has shown which trees will be removed. Two trees will be removed because of construction of the private drive. Staff has been concerned about the details of the application. Some the information has been sparse in addressing the criteria for approval. This proposal is being developed under the Performance Standards and there is no minimum lot depth or width requirements. Staff has suggested 11 Conditions if the Commission decides to approve the application. Molnar suggested a Condition that one street tree per 30 feet of private drive frontage be installed along the three flag drives prior to Certificate of Occupancy. Irrigation system for street trees is to be included on the building plans. Also, add to Condition 3 that a five foot wide pedestrian easement on the south property line (left side of private drive) be improved with 3/4 minus crushed rock. Jarvis wondered, since the application was lacking information and none of the criteria have been addressed, why was it accepted? Molnar said since the application is under ten lots, the applicant can apply for Outline and Final plan under one application. If it is approved, there would be no further modification of the layout of the lots. He notified the applicant that he was lacking Conditional Use Permit criteria ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES and the Commission can ask the applicant why the application is lacking. Staff showed a video of the site. Bingham questioned when the existing flag drive to the left was approved. McLaughlin said it about 1989. There is not a street dedication map that would force a connection. The applicant has tried in this case to make a connection but to no avail. Bingham asked if it could be made an open-ended flag--just a public street that hasn't gone all the way through yet. McLaughlin was not sure a conditional dedication could be made but would check with the City Attorney. Cloer thought the City should sponsor negotiations for getting a street through. PUBLIC HEARING BILL ROBERTSON, 2175 Tolman Creek Road, said the main house will have a 12 foot side yard setback. That will give more yard space for the accessory unit. This is a transitional neighborhood from residential to commercial. With regard to the connecting the flag to a street, both the City and Robertson have been unsuccessful in negotiations. The other neighbors would rather have flag lots than a street. Pete Seda was on-site today talking about the cedar tree. Seda recommended paving of the driveway with an inch of mulch and rocks, allowing aeration. In response to Jarvis' question concerning not addressing the criteria, Robertson said he was under the impression that the Commissioners got remarks made by the Department Heads at the pre-application. He said the application meets all applicable ordinances. He would assume there are adequate City facilities. Jarvis wondered if Robertson could put this action off for two weeks because he does not address the criteria either orally or in writing. The hearing would be continued until July 12 and the applicant will have to have his additional information in 10 days before the hearing. CYNTHIA DION, 365 Pearl Street, was the previous owner of the property. She is familiar with what happened on the rear parcel. She is particularly interested in what is happening with the trees on the property. She could find no findings or landscape plan other than a simple drawing. She is concerned that each one of the 30 trees be listed, lined out to see how a paved drive and road cut will effect the trees. She believes property values would be highly decreased if this issue is not addressed. ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES Bingham asked if any discussion ever came up about a road in 1978. Dion responded that there was discussion. She believes it would be in everyone's best interest to get a street dedication. Staff will provide Robertson with a list of items he should submit. Robertson said he would waive his 120 time limitation and agreed to continue the hearing to July 12, 1994. Carr moved to continue PA94-092 for completion of the file for the July 12, 1994 hearing. In the event the applicant cannot meet the deadline of July 1, 1994 for submission of materials, the hearing will be continued to the regular August meeting. Powell seconded the motion and it carried unanimously. Powell left the meeting. Thompson returned to the meeting. PLANNING ACTION 94-050 REQUEST FOR A ZONING ORDINANCE AMENDMENT TO AMEND SECTION 18.08.300 AND ADOPTING A NEW CHAPTER TO THE ASHLAND MUNICIPAL CODE RELATING TO HOME OCCUPATIONS. APPLICANT: CITY OF ASHLAND STAFF REPORT Everything that has been discussed prior to this hearing has been included in the packet. A draft application is in the packet. Cloer moved to approve PA94-050. Carr seconded the motion and it was approved with Hibbert abstaining. PLANNING ACTION 94-095 REQUEST FOR AN AMENDMENT OF PROCEDURES CHAPTER (18.108); MODIFICATIONS TO OTHER SECTIONS OF THE LAND USE ORDINANCE; AND AMENDMENT OF VARIANCE CRITERIA (18.100). APPLICANT: CITY OF ASHLAND The shaded areas in the ordinance are the changes for which the Commission has asked. Please note the alternative sections (Page 8 and 11). Carr moved not to use the alternative sections. Hibbert seconded the motion and all favored. ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES CARR MOVED TO CONTINUE THE MEETING UNTIL 10:15 P.M. ARMITAGE SECONDED AND ALL FAVORED. Carr moved and the motion was seconded to recommend approve of the ordinance changes to the City Council. ADJOURNMENT The meeting was adjourned at 10:15 p.m. ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 28, 1994 MINUTES