HomeMy WebLinkAbout1993-05-11 Planning MINASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 11, 1993
CALL TO ORDER
The meeting was called to order at 7:05 p.m. by Chairperson Barbara Jarvis. Other
Commissioners present were Carr, Armitage, Bingham, Medinger, Cloer, Hibbert,
Powell and Thompson. Staff present were McLaughlin, Molnar and Yates.
ELECTION OF OFFICERS
Hibbert nominated Jarvis for Chairperson and Carr seconded the nomination. It was
moved, seconded and approved that the nominating ballot be the electing ballot.
Carr nominated Armitage for Vice Chairperson and the nomination was seconded. It
was moved, seconded and approved that the nominating ballot be the electing ballot.
Carr and Bingham were nominated 2nd Vice Chairpersons and the nomination was
seconded. It was moved, seconded and approved that the nominating ballot be the
electing ballot.
APPROVAL OF MINUTES - HEARINGS BOARD
Powell moved and Carr seconded to approve the Minutes of the April 13, 1993
Hearings Board.
APPROVAL OF MINUTES - REGULAR MEETING
Carr moved and Powell seconded to approve the Minutes of the April 13, 1993
Regular Meeting.
FINDINGS FOR REGULAR MEETING
The Findings will be adopted later in the meeting.
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MINUTES
PUBLIC FORUM
1)
Carr requested that a hand microphone be used at the podium instead of the
stationary microphone because she has noticed while watching public meetings
on Cable Access that she cannot hear any sound coming from the microphone
at the podium. McLaughlin said a hand microphone had been ordered and he
would look into it.
2)
The Commissioners decided to use time cards to indicate to those giving
testimony how much time they have left. Bingham was selected as tonight's
timekeeper.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 93-050
REQUEST FOR OUTLINE PLAN APPROVAL OF A 32-LOT SUBDIVISION
LOCATED AS A WESTERLY EXTENSION OF MILL POND ROAD CONNECTING
WITH FORDYCE STREET.
Site Visits and Ex Parte Contacts
Medinger stepped down during the hearing.
Carr, Cloer, Hibbert, Powell, Jarvis, Armitage, and Bingham had a site visit.
Bingham had a discussion with Gary Schrodt about drainage in the area.
Thompson had a site visit and noticed the flat area with a slight slope and drainage in
the middle.
STAFF REPORT
This action was reviewed last month and was re-noticed because of a slight change in
the plan. The applicant is proposing a 32-1ot subdivision. There are two major
differences between the old plan and the current plan. The new plan has reduced the
drainage crossings from two to one. Also, Evan Lane is no longer a dead end but
goes through to Fordyce. One issue raised at the last meeting concerned the
streetscape and the Commissioners suggesting off-setting the garages, combining
some driveways, and perhaps serving lots 11 and 12 with driveways off Evan Lane.
Another issue raised was the common open space. In the previous plan, it appeared
that a significant amount of open area would consist of the drainage channel itself,
therefore, the Commission suggested that the applicant incorporate decking in the
area as well as a pedestrian bridge across the channel to allow access across the
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MINUTES
ditch. The Capital Improvement Plan has allowed for channel improvements along the
drainage. Staff has recommended approval of this application with the attached 12
Conditions. There were two exhibits on the board.
Carr mentioned that on her map, along Mill Pond Road (near parcel 4) parking spaces
are shown that do not now appear on the open space map.
PUBLIC HEARING
LARRY MEDINGER, 295 Iowa, answered Carr's question by stating that the parking
spaces used up some natural useable area and in reviewing, there were enough
parking spaces to meet the requirement, therefore they are deleted on the landscaping
plan.
Medinger said he generally agreed with all planning recommendations. He would
prefer that in Condition 4 that the subdivision as a whole sign in favor of future
improvements to Fordyce.
Medinger explained that with regard to Condition 5, the master storm drain plan,
Medinger talked to Jim Olson, Engineering, who said the drain sizes are being
refigured. The plan will be changed somewhat with only a limited amount of water
coming down the channel. Medinger is concerned that in Condition 5 the wording
sounds like the subdivision will pay for the improvements. Accordingly, he has
proposed new wording for that Condition in the record. Jim Olson is having a meeting
soon with neighbors along the creek to discuss what is going to happen. It should be
clear by next month as to what is going to happen.
Medinger discussed how open spaces are used and drew on his experiences with
Jessica Lane and Mill Pond. Common areas have several different uses that are "real"
uses. People tend to like places of sanctuary or refuge--just a place to sit. A good
open area gives some open site lines around significant features in the landscape,
such as water. There is an opportunity in this case to improve stream quality and use
as a wildlife refuge and food for wildlife. Children use open areas. The open space
areas are rarely used for neighborhood gatherings. He does not see the purpose of a
deck.
Armitage asked Medinger the size of the park area. Medinger said it was seven
percent of the total area.
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MINUTES
RICK LANDT, 487 Rock, Environmental Planner for Medinger, said that in looking at
this area, he thought the best approach was to preserve the existing features.
Underneath the blackberries, there is a lovely little creek in the drainage. The existing
trees are assets. The soils are riparian and do not occur in a moment nor can they be
replaced in a moment. The goal would be to protect all the existing trees, wherever
possible and create an environment for maximizing revegetation. Landt will want to
minimize erosion and excavation in the riparian area and keep heavy equipment from
the area. They will be planting with appropriate plants and trying to cover the area on
the edges of the creek wherever possible. There will be trees on the six-foot wide
street parkrows. They will be using a number of different species but using with
continuity. The trees to the south of most of the houses, are trees from the City's tree
guide for solar friendly trees.
Bingham wondered if they were going to be adding any trees along the creek. Landt
said until the engineering happens, they will not know how many trees they will need
to plant, but they will add them, as necessary.
HERMAN SCHMELING, 492 Fordyce Street, lives in the county with his neighbors
residing in the City. He has numerous problems with garbage, electrical fences cut
without prior notice, and problems with drainage and flooding. Since the Cota
subdivision was granted, he has been flooded three times. His property was flooded
in the major flood of 1974. In between 1974 and two years ago with the Cota
subdivision, he had never been flooded. Flooding creates large gouges in his yard
and flooding in his basement. If Medinger is permitted to put a diversionary 10-12
inch pipe, Schmeling needs to be informed.
Though Schmeling is aware of the City's plan to improve the storm drain system, he is
very concerned about the impervious surfaces that occur with each development.
Schmeling was concerned that he be notified of any changes or slight modifications in
plans that may not go before the public. If any changes in this area occur and it
includes a diversionary pipe into the TID water along Fordyce, he would ask that it go
before the public. McLaughlin would recommend that these suggestions are
considered and Schmeling's thoughts are taken to the City Engineer. He also told
Schmeling there would be a neighborhood meeting soon.
GARY SCHRODT, 526 Fordyce, property owner on Fordyce and Chairman of the
Ashland Wetlands Coalition, noted that he also gets badly flooded during a heavy rain.
He believes there is more water during a heavy rain because of the increased
development upstream. In development of a master plan, Schrodt would strongly urge
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preservation of the riparian values as much as possible through the use of screening
material to hold turf or rock. He does not want the drainage area lined with concrete,
but retained in a natural state.
DEAN PHELPS, 1383 Oregon Street, was speaking on behalf of the landowner on
Romeo Drive, Betty G. Kansala. She bought the lot when it was a cul-de-sac and he
can see with the Eldman application that Romeo Drive would no longer be a cul-de-
sac as she had expected it would always be.
McLaughlin explained that when Romeo Drive subdivision was developed, it was
designed to connect with Mill Pond as per the subdivision plat. Also, the application
for Eldman involves an accessory unit. Only if she wanted to divide her property,
would she be required to dedicate an area for a street.
McLaughlin stated that with regard to the proposed wording of Condition 5, he would
be hesitant to accept Medinger's wording without first discussing it with the City
Engineer. He liked the proposed wording at the beginning of Condition 5, "That the
Mill Pond Road creek crossing and culvert be designed and constructed by the
applicant consistent with flow rates in the City's Storm Drainage Master Plan".
MEDINGER is still concerned with the wording. He does not mind taking care of his
own subdivision, but does not want to take care of the drainage from above. That
should come from the capital improvement funds. Schmeling brought up a good point
about storm drains. Medinger said they could move storm drains to flow into the
creek, rather than down Fordyce. There is subsurface water all through the area and
they would make sure it was a couple feet below the surface.
McLaughlin suggested additional wording on Condition 5, "Construction responsibilities
to be determined by Public Works at the time of final plan."
McLaughlin recommended the following wording for Condition 5: "That Mill Pond
Road creek crossing and culvert be designed and constructed by the applicant
consistent with flow rates in the City's Storm Drainage Master Plan and that the
drainage channel be modified to comply with the City's Storm Drainage Master Plan
for the area. All channel improvements to be reviewed and approved by the Public
Works Department prior to signature of the final survey plat. Construction
responsibilities to be determined at the time of final plan in cooperation with the Public
Works Department."
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MAY 1'1, 1993
MINUTES
COMMISSIONERS DISCUSSION AND MOTION
All Commissioners were in agreement that there was not any evidence presented that
would show that the applicant has not met the criteria.
Thompson agreed with the applicant that in Condition 4, delete the first portion of the
sentence and it would read: "That the subdivision as a whole, sign in favor of future
improvements to Fordyce Street, including curb, gutter, paving sidewalks and storm
drainage". Thompson also thought in Condition 11, it should read: "That a size and
species specific landscaping plan for the common open space area be submitted,
including a pedestrian bridge across the drainage channel at the time of Final Plan
approval.
Bingham moved to approve 93-050 with Thompson's changes to Conditions 4 and 11.
Also, with McLaughlin's last change to Condition 5. Carr seconded the motion and it
carried unanimously.
PLANNING ACTION 93-053
REQUEST FOR SITE REVIEW FOR THE CONSTRUCTION OF FOUR
TOWNHOUSES TO BE LOCATED AT 230 VAN NESS. AUTO AND PARKING
ACCESS TO BE VIA THE ALLEY AT THE REAR OF THE PROPERTY FROM
LAUREL STREET. PEDESTRIAN ACCESS PROVIDED FROM NEW
TOWNHOUSES TO VAN NESS VIA FLAG DRIVE.
APPLICANT: DARRELL A. BOLDT
Include in the record the Historic Commission Minutes, a memo from the Planning
Staff, and a letter from Gary Brewer.
Site Visits and Ex Parte Contacts
->Carr had a site visit along Van Ness and the alley.
->Armitage had a site visit and conversation with Victoria Duremis who lives north and
east of the property along the alley. They talked about alley width and her property
line. Her fence was not on her property line. She was concerned about the alleyway
and trees, particularly a large box elder on the northeast corner of the property where
the townhouses are to be located. Armitage also had a conversation with a woman at
230 Van Ness. She hoped a paved alley would not go through her front yard.
->Bingham had a site visit.
->Medinger had a site visit and noticed the same large tree. He saw it was preserved
on the landscape plan.
->Cloer had a site visit and talked with Gary Brewer who gave an oral version of his
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letter presented tonight. Brewer is concerned with the traffic Icad to be generated by
improvement of the alley and increased speeds, not necessarily the impact of just the
townhouses. After Cloer viewed a flag drive east of this property, he feels that paved
flag drives accessing the rear of property ruin the streetscape. Cloer noted Brewer
was unable to attend the meeting due to the death of his grandmother.
-*Hibbert had a site visit.
-*Powell had a site visit along the alley and Van Ness.
-*Jarvis had a site visit and her concerns are indicated in the memo prepared by the
Planning Staff.
STAFF REPORT
This lot was created in 1992 by a Minor Land Partition, creating a flag lot with the flag
off Van Ness to the rear. The applicant is proposing four townhouse units, the base
density. The issue of design has been addressed through the Minutes of the Historic
Commission and the applicant will speak to design. The main issue appears to
involve appropriate access. Is it the alley that serves the rear or is it more appropriate
to use the flag drive? Staff has recommended the alley is the choice for parking
access in that it is already an existing designated use for the automobile. It has
served in the past for access to these areas. The parking off the alley can be used
most efficiently with the least amount of asphalt. The concern with using the flag drive
for access is that it would considerably increase the amount of asphalt used for
parking and backup space besides the improved area of the flag. The concerns of
the neighbors should be addressed also. There are no established criteria for the
capacity of an alley. The capacity is limited by the number of lots that can be
developed. Staff believes this alley will function as an access to the rear of these
parcels, not a through street. There are some points such as privacy on an alley that
should be considered as well.
Powell wondered about the status of the alley off Skidmore. McLaughlin checked with
Pam Barlow, Public Works, and she said they would be reviewing it again. Traffic
Safety has expressed, initially, opposition to putting up any barriers.
Jarvis was looking for a definition of a flag lot and wondering if Staff was considering
pedestrian access as a driveway. How can you have a flag lot if you have only
pedestrian access and no driveway? McLaughlin said the ordinance requires the
driveway to be paved.
Thompson thought it would be best to approach the application by looking at the best
end product and work toward how to get to that--maybe a Variance will be needed.
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This project is a proposal for infill and it involves using an alley and not marring a
streetscape. If these are the types of things the Commission favors, how can the
Commission make it happen?
Jarvis was not convinced that if the application is approached in that manner, that it
could legally stand a challenge. If this is approved with the pedestrian path and no
driveway, Jarvis is not sure what we have. McLaughlin explained that in the memo it
explains legal access and functional access. This lot has legal frontage on a public
street and legal access to that street, but functional access is via the alley. The issue
of the driveway would have to
believe you can be forced into
that way. The Variance would
This would require re-noticing.
be addressed with a Variance. McLaughlin does not
requiring use of the driveway because it is partitioned
be to delete the requirement of paving of the driveway.
Armitage had the feeling there is not much room on the alley. He is concerned that
the alley could not be widened around the box elder without killing it. Carr was also
taken by the narrowness of the alley. McLaughlin felt the short length of driveway
would not be a problem for cars passing and the parking area would have room to
pull off.
McLaughlin read the letter in opposition to the proposed development from Gary
Brewer, 229 W. Hersey Street, into the record.
PUBLIC HEARING
DARRELL BOLDT has always planned to use the alley for access since he purchased
the property 20 years ago. He met with the Historic Commission to discuss the
redesign of the building, at their request. The Historic Commission preferred the new
design. Boldt realized when the Historic Commission was looking at using the flag for
the driveway, that paving the flag would require an additional 3,300 square feet of
asphalt and would also involve moving the units closer to the alley and providing no
private outside space. It made more sense to use the flag for pedestrian access and
use the alley for vehicle access. Boldt's intent was to leave as much landscaping as
possible, including the box elder. Paving the flag drive would eliminate a large cedar
tree. He would use pedestrian pavers for the pedestrian access. He thought it
seemed to have less impact to have the parking on the alley side because the houses
on the other side of the alley are further away.
Medinger suggested Boldt add decorative attic vents and Boldt agreed.
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JANET DESPARI, 4343 Pioneer Road, owns lot 800, and she is opposed to using the
alley for access. She agrees with many of Brewer's points in his letter. If the alley is
to be paved two-thirds of way with granite, she is concerned with granite dust. From
her 15 years experience on Laurel, she has used the alley as a shortcut and she
believes others would use it as a shortcut too. There is a feeling that cars have
precedence over everything. When cars are allowed to go wherever they can go, they
do not acknowledge that even animals need safe passageway. The alley is used by
bicyclists and pedestrians. She would like to see the property fenced and to use the
flag to funnel the traffic to a paved street. However, she does not like the idea of
more paving on the property either.
KATHLEEN TAYLOR, 227 Hersey, stated that her backyard borders the alley. She is
opposed to the alley being used for access to vehicles. One of the special things
about Ashland is its aesthetic charm. Children use the alley to ride bikes and access
to and from school. The alley is the only place in the area that has very little traffic
and is safe for this use. Vehicle access to the alley would be very dangerous for
children. She is also concerned about her garden bordering the alley, and air
pollution. She would urge the Commission to consider use of the flag for access in
order to preserve the alley.
JANET DESPARIS, read a letter from Vickie Doremis, 259 N. Laurel, into the record in
opposition to using the alley for access.
DON PAUL, Fire Department, would prefer to have 15 feet of alley width.
McLaughlin said Staff was not recommending paving of the alley because of the
concerns of the Historic Commission and Gary Brewer, however, the Commission
could require paving.
McLaughlin read the definition of a flag drive -- that it be accessed by a driveway. The
definition of a driveway -- flag drive serving a flag lot shall not be a driveway. Then the
definition of a driveway does not apply, which puts it back to the definition of a flag
drive. That brings it back to: what improvement standards are required for a flag
drive -- that it be paved, thus, in this case, requiring a Variance.
DARRELL BOLDT, stated that when making this proposal, he asked what is the best
use overall for this parcel and what will have the least impact on the neighborhood.
He believes using the alley would be best because the flag would require too much
paving. Boldt thought the width of the driveway can be achieved by trimming the old
foliage.
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Thompson wondered if Boldt's plans would be reviewed again by the Historic
Commission. McLaughlin thought it would be a good idea to add as a Condition.
Carr wondered, in the event this action is continued for a Variance, if the record would
be left open to discuss design. McLaughlin said the Historic Commission could review
any changes submitted by the applicant.
Medinger suggested to the neighbors that they request R-2 zoning because he feels
this neighborhood is inappropriately zoned.
Thompson felt the alley is the most appropriate access to this project. He would
prefer the alley remain unpaved with a crushed rock surface, not granite.
Powell felt the alley as access would minimize paving. She is concerned, however,
about setting a precedent. What if lots 1700 and 1800 decide to divide? She is
concerned about the steepness of the turn in the alley for fire trucks.
Hibbert favored the alley access because of the impact of the flag drive. There are
other properties that need to be accessed the same way.
Cloer favored access from the alley. At the American Planning Association workshop,
the speaker felt communities should move more in the direction of using alleys for
access unless they would rather have a street full of flag drives.
Medinger generally favored using the alley for access and leaving it unpaved.
Bingham felt there was no good way to access this parcel. The alley is narrow, there
is already a lot of infill and this one does not have to use the alley, therefore, he is
going with accessing by way of a flag drive.
Armitage thought that with all the other development that is probably going to develop,
this will be a defacto street, with a very narrow situation. He would prefer paving the
flag.
Carr agreed with Armitage and Bingham. She would like more from the Historic
Commission at the next meeting regarding design and would like a member of the
Historic Commission present at the next Planning Commisson meeting.
Jarvis felt access should be from Van Ness. She believes if there is a flag lot, there
has to be a driveway off Van Ness. Also, additional traffic through the alley is not
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10
reasonable and would be setting a poor precedent.
Boldt can decide how he wants to proceed.
Armitage would like more information on the alley -- what is the width, are there any
encroachments.
McLaughlin posed the question -- If the flag had not been on paper and this was just
one large parcel, not requiring the flag drive, how would the Commission have felt?
Boldt waived his 120 days for a continuance.
Carr moved to continue PA93-053 until the next meeting. Bingham seconded the
motion and it carried unanimously.
APPROVAL OF FINDINGS
The Findings from the April 13, 1993 Regular Meeting were approved.
PLANNING ACTION 93-049
REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW
FOR A 57-UNIT APARTMENT COMPLEX TO BE LOCATED AT 2225 SlSKIYOU
BOULEVARD. PREVIOUS EXTENSIONS HAVE BEEN GRANTED FOR THIS
APPLICATION.
APPLICANT: LANCE WASSERMAN
Site Visits or Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
This application was called up for a public hearing by the Hearings Board. Staff
thought it was time to take a fresh look at this proposal because it has had four
extensions. Since the last extension, there are new energy requirements, landscaping
requirements, etc.
PUBLIC HEARING
No one came forth to speak.
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MINUTES
COMMISSIONERS DISCUSSION AND MOTION
Medinger recommended denial of PA93-049 and Carr seconded. The motion carried
unanimously.
OTHER
Jarvis talked with the Mayor about a joint study session with the Council and Planning
Commission. The Commission directed Jarvis to write a letter to the Council
requesting a joint session.
OPEN SPACE DESIGNATION
He has recommended that when a request for open space designation is made, such
as the Richey's, that the applicant is asked to address the criteria outlined in his
memo.
Jarvis suggested adding historic sites to the list.
McLaughlin explained that this process came about to pull the pressure off developing
the property because of property tax relief gained by keeping as open space.
Carr moved to direct Staff to forward the suggested criteria, including historic sites, to
the Council. Powell seconded the motion and it carried unanimously.
ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
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