HomeMy WebLinkAbout1997-11-12 Planning MINASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
NOVEMBER 12, 1997
CALL TO ORDER
The meeting was called to order by Chairman Ron Bass at 7:05 p.m. Commissioners present were
Hearn, Gardiner, Morris, Howe, Armitage, and Briggs. Jarvis was absent. Staff present were
McLaughlin, Molnar, Harris and Yates.
ANNOUNCEMENTS
Planning Action 97-10 (1175 E. Main Street) has been taken off the agenda and will come before the City
Council for discussion on December 2, 1997.
APPROVAL OF MINUTES AND FINDINGS
Howe moved to approve the Minutes of the October 14, 1997 meeting. The motion was seconded and
the Minutes were approved.
Armitage moved to approve the Findings for PA97-060 and PA97-077. Briggs seconded the motion and
all favored. Hearn abstained from voting on the Welles' Findings. Howe moved to approve PA97-084
(Morjig), the motion was seconded and the Findings approved.
TYPE II PUBLIC HEARING
PLANNING ACTION 97-087
REQUEST FOR OUTLINE PLAN APPROVAL FOR A FIVE-LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTION LOCATED NEAR THE GRANITE STREET/WlNBURN WAY
JUNCTION (SOUTH OF 247 GRANITE STREET). A DRIVEWAY GRADE VARIANCE IS BEING
REQUESTED TO ALLOW FOR A 17 PERCENT GRADE RATHER THAN 15 PERCENT AS REQUIRED
BY ORDINANCE. A SECOND VARIANCE IS BEING REQUESTED TO ALLOW FOR HOME
CONSTRUCTION ON SLOPES IN EXCESS OF 40 PERCENT.
APPLICANT: ROB CAIN
Site Visits or Ex Parte Contacts
Bass listened to the tape from the previous hearing and was present at the site visit.
Site visits were made by all.
All Planning Commissioners attended the site visit on October 19, 1997.
STAFF REPORT
There is a submittal in the packet from the project engineers and architect as part of last month's
testimony.
Staff maintains its position from last month that there are unique aspects on this site and unique
circumstances that are not a result of the applicant, therefore, not self-imposed. The main issue - what
are the overall benefits (Criteria B) to approving the Variances? The applicant's position has been that
this site is not a natural site but has been quite heavily modified, thereby justifying a different approach
to development.
Howe wondered, if the Variances are not granted, what would the City require to stabilize the slopes?
Molnar said there are still areas of cuts and fills for the driveway, particularly in the bend area. No
Variance would increase the cuts and fills and Staff would impose the Conditions that the cut banks be
stabilized with retaining walls, structural equivalent, or rock facing. This is the same thing as required for
any fill slope as well. As part of final plan, site drainage would be addressed. McLaughlin added a
reclamation plan will need to be implemented in order to stabilize the site.
Armitage asked if this project is denied, then what reclamation would be forced on someone?
McLaughlin said this is still considered by the City as an active quarry site and unless a specific change
is requested, the City cannot require a reclamation plan.
PUBLIC HEARING
TOM GIORDANO, 157 Morninglight Drive, said he sees no liabilities in the project. Everything being
done is to benefit the land. The drawings presented are preliminary until a house is designed specifically
for each site. The driveway is a little under 17 percent grade. He has provided a section drawing
(house with wall as retaining wall and terracing). With regard to the driveway, they tried to follow the
gradual incline of the site. To get the slope under 15 percent would mean considerable cutting and
filling. The reasons for the two sites on top are to stabilize the site and defer some of the cost of the
reclamation plan. Again, the building envelopes are designed to help stabilize the banks. Instead of
having a number of walls (concrete), these buildings will step up the site, making it aesthetically more
pleasing. Also, one wall serves two purposes making it more economical. Giordano said a more
detailed outline of the reclamation plan will be presented at this meeting. They are willing to include the
stepping approach in the Conditions, Covenants and Restrictions. This would be provided prior to Final
Plan approval. Something could also be included about the work being done by a licensed architect.
An added item that could be included in the CC&R's is that the retaining walls be rock.
KERRY KENCAIRN, 147 Central, landscape designer, showed on the overhead that the driveway design
takes some advantage of the flat, the slopes, and the longest horizontal level run to get to upper
terraces.
Briggs questioned in the section drawing of Lot D, the percentage of slope. She is concerned about the
power of the berm against the house when the berm is loaded with water and wondered how they knew
it could work.
MARK AMRHEIN, 804 Roca, geotechnical engineer said the slope is almost 100 percent. The backfill is
free-draining material. The gravel used for backfill would drain all the water that could enter and go into
the pipe. There are typically about 24 inches (wide) of backfill against the wall. Amrhein said it is fairly
common construction. The footings will most likely be on solid rock.
Briggs asked if half the house is on 100 percent slope, why not pull the building envelope closer to the
street? Giordano said this is aesthetically and functionally superior because the retaining wall and
building wall are one. Site D is probably the worst case and less of the house could be pushed back.
Amrhein said by pushing the house further up the slope, the length of the steep slope behind the house
is decreased. By pulling it down, the length increases.
Bass asked Staff if there is a benefit to disturbing the bank. McLaughlin said the cross-section came in
~HI_/Id~D PLANNING COMMISSION
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NOVEMBER 11, 1997
on Monday but there is compelling evidence that this is a more appropriate way to develop the site.
Giordano said it is similar to what is in the proposed hillside development standards.
Gardiner asked how the surface water would be channeled. Giordano said it would be directed in a U-
shape around the house to the drainage system.
Howe wanted to know about pedestrian access from Granite up to the open space. Kencairn said it will
be accessed using a series of stairs with handrails and terraces.
Giordano believes at Final Plan he will need to submit final architectural plans as well as final plans for
the subdivision. Armitage wondered since the home design is an integral part of the stabilization, should
it be required as part of the reclamation plan and part of Final Plan? Molnar said under Condition 13,
there is an expectation that all the buildings are designed similar to the section view (Lot D).
McLaughlin said the quarry site has to be reclaimed but the negotiations are for the area beyond the
quarry site (undisturbed area). Bass wondered if the reclamation strategies can be attached to the
Conditions of approval? McLaughlin affirmed.
Morris asked how Giordano envisioned the site looking when it is developed. Will the driveways be
visible? Giordano said there is going to be a lot of terracing and that is why he would like to see rock.
The plantings should soften the look as well. Kencairn envisions using natives on the site. In the
building envelopes there will be more ornamentals. The slope should look softer and more gradual.
She thinks it will be hard to see the drive from below.
Bass suggested, in the future, we could require a photo montage to see a future concept.
Amrhein said he would like to have some kind of outlet for retaining exceptions even though the walls
could still be faced with rock.
Gardiner wondered how the public is notified of a public footpath. McLaughlin said a Condition could
be included to provide a sign indicating a pedestrian path.
CATE HARTZELL, 881 E. Main Street, asked if this is a case of development driving reclamation or the
other way around. It is already a place of high disturbance and this will cause more disturbance in order
to stabilize it. She asked the Commission to give due consideration into the proposed Physical and
Environmental Constraints and not allow building on anything over 35 percent. She is assuming none of
the houses below would go in before the stabilization above is totally complete. She is hoping there will
be some geotechnical evidence required such as developed cross-sections, safety calculations, debris
potential, etc.
Hartzell said if this site were determined not to be buildable, in the future, some action could be brought
forth to force reclamation. She would like to know what other areas have learned about this type of
development. She felt until the Commission had a sense of how this site could be reclaimed in other
ways than just through development, it will be hard to determine the benefits of granting the Variances.
She asked why the envelopes show cuts if they are not going to use them.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
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NOVEMBER 11, 1997
RebuEal
Giordano said the adjacent neighbor sent a letter supporting the project. The development is driving the
reclamation plan. Without potential development to sell these lots, reclamation would not happen. This
site is a special situation that does not exist anyplace else in Ashland.
Amrhein said there would have to be additional stability analysis for specific house development. There
is bedrock on the lower portion of the site. Up above, the slopes are of more concern. That is why the
building envelopes do not cut into the hillsides very much. Catchmerit walls (three to four feet) will
provide a space for minor rock fall.
Howe expressed concern about the building/placement of the houses on the upper lots. If that is not
going in until the homes below are complete, then it is possible to have houses underneath a slope that
has not been stabilized. Kencairn thought the retaining system (above) could be in place before the
houses (above) are built.
COMMISSIONERS DISCUSSION AND MOTION
Hearn likes the project. This is a good way to reclaim the site. He likes the dedication of the back area
to the City.
Gardiner would like some control over timing of how portions of this project are developed so home
sites are not being built on Granite with unstable areas on top.
Howe agreed with Hearn that the site will be stabilized and beautified. She wants to see where the
retaining is going to be. She would like a sense of what is going to be built first and what area will be
stabilized first.
McLaughlin said the Commission requires a full phasing and development plan, indicating the sequence
of development. Armitage wondered if Condition 15 could require the applicant to provide this
information at Final Plan.
Howe said it would seem the engineer would have to certify that all of the structural retainage (structures
are part of the retainage) and the erosion control measures are in place for all five houses. McLaughlin
said that is not the intent because each site is disturbed at a different point. The phasing of the plan is
not clear and the applicant may want to define the extent of the plan at each level.
Briggs said she appreciates how the applicant plans to build into the hillside but she is uncomfortable
with the 100 percent slope and not knowing how the houses will run into it. She is uncomfortable with
the steepness of the road and would like to see it configured at 15 percent. She is uncomfortable
approving both Variances; one maybe, but not the other.
Bass asked if this site is so unique it will not be setting a precedent. McLaughlin said they can make
findings the site is unique because of its disturbance, history, and artificially created slopes. Bass does
not see a problem with the other criteria.
McLaughlin suggested wording for Condition 16: "That the private drive and all associated erosion
control plans, excepting those specifically for individual home sites, shall be indicated on the Final Plan.
ASHLAND PLANNING COMMISSION
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NOVEMBER 11, 1997
Private drive construction and erosion control measures for the entire subdivision site shall be installed
prior to signature of the final survey plat." This condition asks for stabilization of the site and
improvements before beginning any construction.
A concept must be incorporated into each home plan so a buyer would have to follow the premise of
stepping it up the hill. Molnar added wording to the end of Condition 13: "That building sections be
provided at Final Plan for each lot, incorporating those above measures for slope stability."
Molnar suggested the reclamation strategies be made part of Condition 11.
Amend Condition 4 by adding a sentence: 'q'hat the ten foot pedestrian easement indicated on the plan
from Granite Street to the ditch be dedicated for public pedestrian use and designated through
appropriate signage provided at Final Plan. Final construction design of the pedestrian path be supplied
at Final Plan indicating change of texture for pedestrian surface and addressing the need for stairs."
Howe would like to specify "rock face" in the strategy.
Armitage moved to approve Planning Action 97-087 as presented with modifications to Conditions 4, 11,
and 13 and with the addition of Condition 16 discussing the placement and approval at Final Plan of the
erosion control plan. Howe seconded the motion and it carried with Briggs voting "no".
TYPE III PLANNING ACTIONS
PLANNING ACTION 97-107
REQUEST FOR MODIFICATION OF THE ASHLAND LAND USE ORDINANCE CHAPTERS 18.40
(EMPLOYMEN'r) AND 18.32 (COMMERCIAL) PERTAINING TO "EATING, DRINKING,
ENTERTAINMENT AND DANCING ESTABLISHMENTS".
APPLICANT: CITY OF ASHLAND
There is a new definition for restaurant, nightclubs and bar. In the C-1 Retail Commercial District,
restaurants are an outright permitted use and nightclubs and bars are outright permitted uses except
when in the Historic Interest Area. Then it becomes a Conditional Use, unless in the downtown. After
some discussion, McLaughlin said Staff would look at teen dance clubs and see where they fit.
Howe moved to recommend to the Council adoption of Planning Action 97-107 and consider
entertainment that does not include alcohol. Hearn seconded the motion and it was approved
unanimously.
PLANNING ACTION 97-108
REQUEST FOR MODIFICATION OF THE ASHLAND LAND USE ORDINANCE CHAPTER 18.84
PERTAINING TO MINIMUM SIZE REQUIREMENTS FOR MANUFACTURED DWELLING
DEVELOPMENTS.
APPLICANT: CITY OF ASHLAND
This ordinance reflects changes at the state level and just matches our ordinances to the state
requirements.
Briggs moved to recommend to the Council adoption of Planning Action 97-108 as written. Armitage
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REGULAR MEETING
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NOVEMBER '11, 1997
seconded the motion and it carried unanimously.
OTHER
· The Commission discussed giving out infill awards or awards for good development.
Landscaping awards could be included too. This could encourage developers to do the right
thing.
· It will be left to the Hearings Board chair person to decide whether or not to hear the Type I
Planning Actions before or after the Type II's.
APPROVAL OF FINDINGS
Armitage moved to approve Findings for PA97-093 (Shapiro). Bass abstained, Morris seconded and the
Findings were approved.
ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
NOVEMBER 11, 1997
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
NOVEMBER 12, 1997
CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Steve Armitage. Other Commissioners present were
Ron Bass and Marilyn Briggs. Staff present were Molnar, Knox and Yates.
APPROVAL OF MINUTES AND FINDINGS
Briggs moved to approve the Minutes and Findings of the October 14, 1997 Regular Meeting, Armitage
seconded and they were approved.
TYPE I PLANNING ACTIONS
PLANNING ACTION 97-078
REQUEST FOR A SITE REVIEW FOR 41 INDEPENDENT LIVING UNITS (PHASE 4) LOCATED AT
900 NORTH MOUNTAIN AVENUE (MOUNTAIN MEADOWS SENIOR LIVING DEVELOPMENT).
APPLICANT: MOUNTAIN MEADOWS LLC
This action was approved.
PLANNING ACTION 97-109
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT A RESIDENCE
LOCATED AT 1056 HENRY STREET TO AN ADMINISTRATIVE USE. APPLICANT: BRUCE
MOATS
This action was approved.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 97-075
REQUEST FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION/ALTERATION OF THE
TEMPORARY USE AT 40 NORTH MAIN STREET. THE PROPOSAL IS TO PERMIT A PORTABLE
BBQ ADJACENT TO THE EXISTING ESPRESSO BAR. APPLICANT: CHRISTOPHER R.
MCINTOSH
Chris Mcintosh requested a continuance until the December 9, 1997. He waived the right to a decision
within the 120 day time limit. Bass moved to continue this action until the December Hearings Board,
Briggs seconded the motion an~l it was approved unanimously.
PLANNING ACTION 97-050
REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED OUTLINE PLAN/SITE REVIEW
APPROVAL FOR A '17-LOT TOWNHOUSE PROJECT LOCATED AT 963 "B" STREET.
APPLICANT: WILLIAM D. BARCHET
Site visits and ex parte contacts.
Bass and Briggs had site visits. Armitage is familiar with the site and has had a prior site visit.
STAFF REPORT
In 1995 the Planning Commission approved a 17 unit development under the Performance Standards
Option. The units are proposed to be townhouses, available for individual purchase with common
areas and CC&R's. The applicant is asking for an extension of his approval for Outline Plan. He has
submitted a revised site plan that shows 10 foot setbacks which the Commission had requested. The
28 parking spaces have been clearly marked and the pedestrian pathway modified. The majority of
the trees have been incorporated into the design.
Staff has recommended approval. The original conditions have been kept in the Findings. The
Findings have been prepared for approval if the Commission wishes.
PUBLIC HEARING
William Barchet, 464 Lori Lane, believes staff has covered his position.
Briggs asked why he was keeping the existing house. Barchet said the greenhouse addition will be
removed. The rest of the house is in good condition.
Briggs noted several things on Barchet's floor plan that are impossible to build. When he submits for
final plan, she would like to see those things cleared up.
Bass sees some problems when back yards are treated as side yards especially when two projects are
next to each other; small, dark backyard areas are created.
COMMISSIONERS DISCUSSION AND MOTION
Briggs moved to approve PA97-050. Bass seconded the motion and it carried unanimously.
APPROVAL OF FINDINGS
Bass moved to approve the Findings for Barchet (PA97-050) with the addition of wording that he has
requested a one year extension. Briggs seconded the motion and it carried unanimously.
ADJOURNMENT
The meeting was adjourned at 2:15 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
NOVEMBER 12, 1997