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HomeMy WebLinkAbout2003-12-03 Historic Packet~ CITY OF - SHLAND HISTORIC COMMISSION CITY OF ASHLAND Agenda December 3, 2003 I. CALL,TO ORDER: 7:00 p.m. - SISKIYOU ROOM in Community Development/Engineering Services Building (51 Winburn Way) II. APPROVAL OF MINUTES: November 5, 2003 III. PUBLIC HEARINGS: PLANNING ACTION 2003-152 is a request for Site Review and a Conditional Use Permit to construct an approximately 715 square foot addition to the parish hall of the existing Trinity Episcopal .Church located at 44 North Second Street. Comprehensive Plan Designation: Commercial; Zoning: C-l-D; Assessor's Map #: 39 1E 09 DB; Tax Lot: 3600. APPLICANT: Trinity Episcopal Church PLANNING ACTION 2003-149 is a request for Site Review to convert an existing accessory structure to a second residential unit at the rear of the property located at 238 Eighth Street. A Variance is requested to permit a second residence on a property of less than the required lot area, as well as a Variance to on-street parking credit standards. Comprehensive Plan Designation: Multi-Family Residential; Zoning: R-2; Assessor's Map #: 39 1E 09 AB; Tax Lot: 401. APPLICANT: Janet Larmore & Tom Strong PLANNING ACTION 2003-150 is a request for a Conditional Use Permit to construct a new residence 25 percent in excess of the Maximum Permitted Floor Area (MFPA) established by City Ordinance on the property located at 22 Scenic Drive. Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-7.5; Assessor's Map #: 39 1E 08 AD; Tax Lot: 7401. APPLICANT: T. Michael Ryan IV. OLD BUSINESS: A. Review Board ~> appointments/volunteers B. Project Assignments for Planning Actions C. Possible National Register Nomination for Lithia Springs Property D. Carnegie Library Restoration V, NEW BUSINESS VI, COMMISSION ITEMS NOT ON AGENDA VII, ANNOUNCEMENTS: A. The next Historic Commission meeting will be on January 7, 2004 at 7:00 p.m. in the Siskiyou Room. VIII, ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (T]'Y phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title1). CITY OF SHLAND ASHLAND HISTORIC COMMISSION Minutes November 5, 2003 CALL TO ORDER At 7:02 p.m., Chairperson Dale Shostrom called the meeting to order in the Siskiyou Room, located in the Community Development/Engineering Services Building at 51 Winburn Way. In addition to Shostrom, members present were Alex Krach, Joanne Krippaehne, Jay Leighton, Rob Saladoff, and Sam Whifford. Also present were Council Liaison John Morrison, Associate Planner Mark Knox, and Account Clerk Derek Severson. Terry Skibby arrived at 7:06 p.m. (Member Keith Chambers is on sabbatical.) APPROVAL OF MINUTES Krippaehne requested the following correction to the October 8th, 2003 minutes, in the fourth paragraph of page six: 'Krippaehne asked about using access for parking from the alley between the hot__.! existing parking garage and the proposed building." Whitford/Saladoff mis to approve the minutes of October 8th aS amended. Voice vote: All AYES. Motion passed. Krippaehne stated that in the fourth paragraph of page one, she would like to make the following change in the third sentence: "For example, she cited Craftsman and Queen Anne styles as being completely different at the turn of the century;" ......... .':.c;;- ......... , .............. --. CC." Krippaehne/Leighton mis to approve the minutes of October 21=t as amended. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS Planning Action 2003-118 Physical & Environmental Constraints Permit 265 Glenview Drive Sidney and Karen DeBoer Krippaehne noted that she had a conflict of interest due to a professional relationship with the applicants and would be removing herself from the meeting. Knox recounted the background'of this application and noted that it had originally been granted staff approval but was then called up to a public hearing. He noted three maps that had been posted to illustrate the site, and discussed the proposal. Knox explained that the property is zoned R-1-7.5 and has an existing house that was built in the 1980's which is to be removed. He added that the remaining parcel is 22,000 square feet with a roughly 11,000 square foot home proposed to be built. Knox reported that an addition was initially proposed for the 1910 Frank Clark-designed Humboldt Pracht house but that plan was changed to the current design to address concerns expressed by this commission. Knox pointed out that multiple architects had been involved in the project and that there had been numerous meetings between these architects and staff. Knox further explained that the previously proposed addition to the Pracht house would not have required public review by the Historic Commission. He stated that the changes in response to commission concerns lead to the current design and this public review. Knox noted that the design minimized the mass and scale of the structure given the large size. He added that he had seen the evolution of the design resulting in the structure being setback into the hillside and mitigating the impact. Knox discussed the nature of Physical and environmental constraints permit applications. He stated that they are a staff permit and the applicable criteria do not address design within the historic district. Knox pointed out that the proposal is Ashland Historic Commission Minutes November 5, 2003 CITY OF SHLAND located within the historic district but is classified as non-contributing due to its age. He explained that the proposal Was to locate the new house thirty feet away and up the hill from the National Register-listed Pracht house. Knox reiterated that that a Physical and environmental constraints permit review has no design controls within the historic districts. He added that such controls were specifically omitted to avoid limiting typical design features of historic homes such as gables, steep roof pitches, and masses. He emphasized that there were no design criteria to approve or deny the application, and further explained the need to consider erosion control measure, cut and fill aspects, and tree preservation in the motion. Knox stated that the applicants had employed a geotechnical engineer to address these aspects of the application. Saladoff clarified that the lot containing the Frank Clark home was being reduced to 8884 square feet, and asked staff whether lot coverage issues had been looked at. Knox confirmed that staff had looked at lot coverage and that the proposal would barely meet the lot coverage standards by removing some elements such as a brick courtyard in order to address impervious surfaces. Saladoff questioned considering the attic as a half-story, and he noted that there was clearly living space above. He stated that while the basement might not be considered a story he felt there was clearly a third story of living space. Knox responded that the standard is for two-and-a-half stories and a maximum height of thirty five feet. He stated that the bottom floor here, as seen from Vista Street, is by definition a basement as it is covered by earth. He explained that the home consists of a basement, first and second stories and a half-story above. He added that the average height is.right at thirty five feet. Skibby asked whether only one structure was being replaced. Knox stated that the garage would remain and that only the 1980's house would be removed. He added that the house to be removed is three-and-a-half stodes, and that the proposed structure is not as high. He stated that the new structure is similar to the garage but wider. · Applicant Sial DeBoer/234 Vista Street thanked Knox for providing a history of the application. He stated that he finds this proposal to be a better solution than the original proposal. He emphasized that the applicants do not want to damage the town, and added that he feels that they have enhanced the town. 'He stated that the new home will one day be historically significant. He emphasized that the proposal has a 4,000 square foot footprint. He explained that the original design was more prominent and not set into the hillside, but after meeting with staff and the commission the decision was made to set the structure into the hill and meet all of the standards. DeBoer pointed out that the elevations do not illustrate the degree of coverage provided by the hillside in mitigating the impact of the structure. He discussed how the design mitigates the impact; Karen DeBoer added that a new paint color will be used to further lessen the impact. Project Architect Ken Ogden, of Ogden Kistler Architecture/2950 E Barnett Road, Medford, OR 97504, emphasized that if the house were built on the lawn area no review would have been necessary. He explained that the applicants desire to nestle the structure into the hill out of respect for the neighbors lead to the need for this application. Ogden noted that the proposed design emulated Greene and Greene-designed houses in Pasadena. He added that the trees on site will screen the structure, and he suggested that the applicants' role in the community necessitates the inclusion of a large room for events. He stated that at such events, they have valet parking at the nearby parking structure. DeBoer added that they also sometimes have guests staying at the Ashland Springs Hotel and walking to their home for events. DeBoer concluded that the applicants had compromised to the extent possible, and that they hope for the commission's support. He emphasized that the project was not undertaken lightly. Ogden showed color and material samples. Ogden added that engineers Amrhein and Taylor had worked to design the stair-stepped cuts into the hillside in order to avoid destabilization, and that the structure would be appropriately founded into the hill with appropriate retainage. Ogden stated that the structure's being nestled into the hillside reduces its solar impact. He stated that it was fifteen to twenty feet below the limit calculated under the solar ordinance, and would cast no shadow on the neighbors' properties. He reiterated that the new structure is lower than the existing structure which is to be removed. He added that the Demolition Review Committee had approved the demolition proposed, and the intent was to salvage materials from the demolished structure if site constraints prevent it from being moved off-site. Ogden pointed out that the design as viewed on-site will be less harsh than the two dimensional elevations as the elevations cannot adequately illustrate the way the structure is setback and articulated. He explained that the grade at Glenview will lessen the structure's profile by reducing its massing. He restated that it will appear less massive than the existing house. Ashland Historic Commission Minutes November 5, 2003 C ! T !' 0 F SHLAND Ogden stated that he was available for questions by the commission, and he commended the applicants for their efforts. He stated that the proposal represents true architecture rather than mere gingerbread surface treatments. He stated that the home's essence is a truism reflected in functional features such as the prominent exposed beams, and he suggested that the home will be long-lived. Morrison clarified that the new structure is roughly two-and-a-half times wider than the existing. DeBoer noted that this is somewhat deceptive due to the amount of city street right-of-way nearby. DeBoer discussed the need to get space in the new home for events without dominating the site. He added that muCh of this was accomplished within the basement area which is not visible from the street. Ogden noted that from Vista Street, some of the roofline would be visible. He added that the vegetation to remain will screen the structure and a berm will be used to offset excavated areas. Shostrom opened the public hearing'at 7:40 p.m. Phii Selbyl spoke n favor of the application. He noted that he was a Iongtime Ashland resident and that his father had the Chevrolet dealership in town when DeBoer's father had the Chrysler dealership. He stated that he has known the DeBoers for years. Selby noted that when his father built one of the largest homes in Ashland in 1953 on Walker Street there was a similar outcry from the citizens. He suggested that while it may bring envy and resentment, he feels that if the project meets city standards and fits the site the applicants should be allowed to build it. He emphasized that the proposal meets city requirements, and added that the applicants have done a lot for the community. He concluded by noting that criticism of large houses occurred in the past as well, and those houses are now considered historically significant. Bill Patton/Il0 Terrace Street stated that he lives directly above Glenview, and that he built his home there forty years ago. He stated that he likes his site for the view, and he was concerned with the proposal initially. He explained that after seeing the design, he is very impressed with how well it fits the site. He stated that it is lower than the present structure and enhances the site. He suggested that it will be nearly unseen from the street. He commended the DeBoers for their community work, and added that the house would be a community asset and an enhancement. Chris Addemonl vista Street neighbor stated that he agreed with others in favor of the project, and added that it will be magnificent. He stated that this is not a "show-me" house, and he added that he felt that jealousy and small-mindedness had lead to the negative comments about the proposal. He pointed out that the community benefit from the house will outweigh any personal benefit to the DeBoers in that the house will allow events in support of community resources such as the hospital and the YMCA. Bryan Holley/324 Liberty Street noted that he has been given testimony at public meetings for a long time and is frequently told he must stick to criteria not irrelevant issues. He asked the commission, with all other issues aside, to consider whether this proposal was a single family home or an entertainment center. Bill Street/180 Meade Street asked for clarification about the commission's role. He noted that his feeling is that the commission's role gives them the freedom to comment and express their opinions. He reiterated that commissioners should be able to evaluate based on their historical expertise and comment. Street recounted that the DeBoers had moved to the site ten or eleven years ago and had since demolished two houses that fit the neighborhood. He reiterated that the commission's role was to comment in order to preserve the historic neighborhood. Street discussed local historian George Kramer's call for a maximum house size ordinance in historic districts; he emphasized that this ordinance had been approved by this commission, the Planning Commission and the City Council as a clear indication of the community's will. He asked that the commissioners keep this in mind when making motions as this structure has no resemblance to any historic pattern, and he added that the construction of such a structure would create a huge disruption for the neighborhood. He restated concerns with the impact of the large home and its proposed role as an entertainment center with potentially late hours on a small town historic neighborhood. Joan Steele/332 Glenn Street asked commissioners to recognize that the DeBoers' philanthropy was not at issue here. She added that Holley's analogy to an entertainment center was apt, and questioned what would happen to this home in fifty or one hundred years. She stated that it would endure even though the DeBoers would be gone. She asked whether there will be a need for a palace or entertainment center at that time. She added that a person can entertain in many places, and she noted that DeBoer's brother was remodeling a large home outside the district. She stated that the commission has a moral obligation to preserve the district and protect the character of the town. Ashland Historic Commission Minutes November 5, 2003 3 CITY OF SHLAND Colin Swales1461 Allison Street noted that he was a Planning Commissioner speaking on his own behalf. He added that he would recuse himself from the Planning Commission hearing as he had been the one who called the demolition application up to a public hearing at the request of concerned neighbors. He stated that he would be speaking as a private citizen at the Tree Commission meeting and the Hearings Board hearing. He stated that the historic pattern was for smaller houses, and the proposal represents a different pattern. He suggested that the Historic Commission should not be limited to dealing with criteria and should instead be considering the historic district impact. Swales pointed out that the DeBoer house was on the cover of the document George Kramer prepared inventorying historic district homes for the city. He added that the new house will be visible from all around the city, and as such the view from the district, from downtown, and from all over the city must be considered. He pointed out that the Humboldt Pracht house was the largest home in the city at one time, and that the proposed home is four times larger. He urged the commission to consider LCDC Goal 5 and the city's Comprehensive Plan. He noted that the proposal involves cutting down the historic home's lot to the bare minimum, and he suggested that the State Historic Preservation Office (SHPO) should be contacted for their ruling on the impact of the proposed boundary line adjustment on the Frank Clark-designed home. Swales recalled the meeting where the initial proposal of a 4,000 square foot addition was considered and suggested that this proposal is no better. 'Swales added that his own inquiry about the Physical and Environment Constraints permit review requirements were all that brought this item before the commission. He also stated that the house could not be built more to the front of the lot due to the solar ordinance, and he suggested that it would be better in his estimation if houses were built to the front of their lots. He suggested that the placement of five feet of fill on the lawn area was inappropriate. Louis Leger/243 North Laurel Street explained that he owned a small home in the Skidmore Academy District. He emphasized that the commission's role is not to carry out Planning Commission or City Council functions but rather to provide historica expertise. He questioned how the proposal could be seen to fit in any historical concept. He added that the hospital on Laurel and the swedifibdrg house on the SOU campus are the only structures that come close, and he emphasized that neither were single family homes. He suggested that the only exception seems to be that there is always one standout, prominent citizen, but he added that those homes are normally built within context. He stated that this proposal is not in context for Ashland. He noted that it does not look like the Ashland of the past, and he challenged anyone to explain the house in a historical context. He questioned the role and mandate of the commission. He pointed out that as a citizen, he was proud of the small 1911 single family home that he had restored and he likes Ashland for that sort of character. He stated that he did not want someone moving in and disrupting that character. He reiterated that he like the districts and their small homes, shacks and garage, with some homes a little larger than others. He concluded that the proposed neo-Greene and Greene is pretend, not Ashland. Knox explained the role of the commission as listed in the Comprehensive Plan as protecting the historic district, streetscapes and historic resources. He recognized that this home is to be the biggest in Ashland by his estimation. He noted that staff and the commissioners have worked to list each district in the city on the National Register in order to protect the homes and the city's heritage. He added that the city has adopted a maximum house size ordinance for its historic districts, and that he and the commission co-authored this ordinance to limit the maximum house size within the district at 3,249 square feet. He suggested that there was no intent on the part of the applicants to beat the deadline on this ordinance as the process began two years ago. Knox stated that the Historic Commission Review Board looks at single family home plans every Thursday afternoon, and he explained that they have no "yea or nay' power only an advisory role. He reiterated that this application is narrowly limited by the ordinance to address site issues as the historic district is intentionally excluded form the Physical and environmental constraints permit review criteria. He stated that the ordinance criteria cannot be shifted midstream, and he added that commissioners may comment on the design but should be clear to state whether their comments are based on opinion or criteria. Knox added that he had spoken to SHPO and that they basically support the commission's decision as a body recognized for its expertise by the state and federal governments. He stated that the commissioners must base their approval or denial on criteria. DeBoer stated that they would avoid disrupting the neighborhood during construction. He noted that he owns two of the neighboring houses, and added that there was no new driveway encroachment proposed. He pointed out that the Oregon Shakespeare Festival already has events all night through the season, and his events would be planned on Mondays when the Festival is not running. He concluded that in fifty years, the property would be donated to the Sid and Karen DeBoer Foundation, and would likely be sold by the foundation with proceeds to be used to support educational charities in Southern Oregon. He indicated that this proposal meets the criteria without hurting the neighborhood, and is not an entertainment center but rather a two person single family home that will host an occasional party or event. Ashland Historic Commission Minutes November 5, 2003 4 · CITY OF kSHLAND Shostrom closed the public hearing at 8:12 p.m. Shostrom emphasized the criteria were the focus here, and noted that the commission would not even be hearing the item if it had not been called up to a public hearing. He reiterated that historic district design considerations are specifically excluded from the Physical and Environment Constraints ordinance. Shostrom suggested that the design is vertical as recognized by the applicants, but he recognized that that is not a criterion for consideration here. He concluded that while the issues of impact on the historic district are valid they are not at issue here. Krach asked staff if there was any way for the commission to protect the district in this case. He stated that he was disheartened that there was such a lack of protection and suggested that he feels that the commission's hands are tied. Knox stated that this was unfortunate, but he added that he would not want to see an appeal filed over the commission stepping out of bounds. Knox emphasized that the protections in place in Ashland are among the best in Oregon. He pointed out that the maximum house size ordinance is the most imposing restriction in the state without limiting design, just mass and scale. He explained that the Review Board's power of persuasion has been very effective in the past and that he feels most projects reviewed have benefited. He stated that the powers of the commission are limited by the state, and that there are no regulations on design review of single family homes within historic districts and even less review on new structures. He noted that this may change down the road, but that changes are not in place now. He recognized the desire for change that he hears from the community. He concluded that the commissioners could certainly state their opinions and express their frustration. Skibby reiterated that this was not a site review application. He added that it seemed to be an improvement over the proposal that had the structure placed nearer to the street. He stated that the current placement lessens the impact and is scaled down with less massing. He cited the reduced mass from Glenview. He recognized that the proposal is wider than the existing house, but he added that it is also more set back. He suggested that the visual impacts are comparable to the condominiums or apartments across the street. He also stated that the site is somewhat isolated, with newer homes down the street, and as such it is in an area where it will have a lesser impact. He recognized that the home will be seen from a distance, and that the windows suggest more mass, but he stated that the design had been scaled down. He concluded that the area is different than if this were proposed for B Street or Siskiyou Boulevard. Leighton stated that she did not feel that the commission was able to critique the design. She cited the huge mass, the disruption of the street pattern, and the impact to views from the entire valley as areas of concern. She emphasized that the commissioners were not skilled in areas needed to address the physical and environmental constraints review criteria. Shostrom suggested that the projects engineers had addressed the physical and environmental constraints criteria. He stated that he too was disheartened by the proposal, which he noted was six times the size of the average home and four times that which would be allowed under the new maximum house size ordinance. He stated that while this is disturbing it will be the last one and lead to the rally for the ordinance. He added that he feels for the neighbors who will have to deal with the construction's disruptions and the size and massing. Skibby emphasized that these issues could not be addressed tonight. Shostrom asked if the commission was really in a position to vote on this; Knox responded that commissioners could approve or deny based on criteria with a note of their opinions. He stated that he felt commissioners could review the proposed design details and identify any specific concerns. He reiterated that he believed the commissioners could still voice design concerns. Whitford noted that he is a Greene and Greene fan, and stated that he feels the proposed home is beautiful and totally inappropriate to the district. He recognized that this could not be addressed however, as the submittal predates the maximum house size ordinance. He pointed out that the view from little-used Glenview will be beautiful, but he stated that from Vista Street it appears more like a hotel with all of the decks and balconies. Skibby suggested that perhaps the commission could speak to this in its decision and recommend lessening the impact of the windows and decks while retaining their function. He reiterated that the proposal was quite an improvement over the original. Leighton agreed that the house was more visually interesting from Glenview, but she noted that the asymmetricity from the Vista Street side was heavy on one side. She noted the massing by the chimney and in the area near the garage. She questioned if the nearby garage would have the effect of increasing the massing. Ashland Historic Commission Minutes November 5, 2003 5 CiTY OF . kSHLAND Skibby pointed out how the lower railing was broken by a bay window. Ogden stated that the elevations were more broken up into multiple planes than could be shown in two dimensions. Skibby suggested that some offsetting might lessen the hotel-like appearance. Knox referred commissioners to floor plan sheets 3.1 and 3.2 in their packets as an illustration of how offsets are being used in the design. Skibby stated that he felt the mass would be lessened when viewed in three dimensions. Saladoff noted that numerous planes are used to mitigate the mass. He agreed that in two dimensions, the elevations seem hotel-like, but he stated that the floor plans help to clarify. Shostrom stated that the architects had done a good job with what they were given to accomplish; he suggested that it might be as good as could be done with such a project. Saladoff stated that his concern was not with the design, it was with a 10,000 to 11,000 square foot home being built on the hillside. He agreed that the project was nicely designed, and added that his objections are more philosophical. He added that he had concerns with the size, scale, neighborhood patterns, and issues of sustainability. He questioned the amount of waste material that would be produced by such a project, but recognized that this was not an issue that fell within the criteria to be considered. He suggested that from a design standpoint, the applicants had come as far as they can and any design comments would be minor. Leighton questioned if the commission had previously simply passed on reviewing a project that fell outside of their purview. Knox stated that this may have been done on a minor item before. He stated that the commission could opt to do the same here, and he added that the physical and environmental constraints review criteria were clearly outside of the commission's charter purview. He reiterated that members could simply opt to not make any recommendation. Leighton stated that without being able to speak to the massing or design it leaves little room for a decision. Knox suggested looking to craft a motion that managed to somehow express the opinion of commissioners as well as a decision. Krach stated that he could see a motion that moved to approve based on criteria with an expression of concern. Leighton stated that the decision needed is outside of the purview while design and scale are real concerns. Krach agreed that the voice needed seemed to be powerless but was still there. Whitford stated that the laws are stronger now. Krach suggested that the commission had influence with no real power. Morrison discussed his experience that matters like this are seldom clear cut, and he suggested that the key was to find a balance between the competing interests through the process. He stated that commissioners could certainly express their opinions from their historic and design expertise. He cautioned members away from pessimism, and pointed to the small victories achieved in retaining the Pracht house and finding the DeBoers responsive to earlier concerns. He added that the applicants have chosen an area near the downtown where larger buildings are more appropriate. He emphasized the need to find a balance through small victories. He added that members should make suggestions, and stated that he found the applicants to have been responsive. He stated that this had lead to a design that was as compatible as it could be. He recognized the difficulty that commissioners Were experiencing, and he encouraged them to find a way to express this collective opinion. Knox confirmed for Saladoff that the commission would see this application again at the building permit review stage. Shostrom and Leighton suggested that the commission could move for denial based on the opinion that this decision would best preserve the neighborhood. Leighton/Whifford mis to deny Planning Action 2003-118 based on the purview of the commission set in the city charter, reflecting the opinion that the structure does not fit the historic district by its mass, scale, and partitioning of the site. Discussion: Members clarified that they were not recommending denial based on the Physical and Environment Constraints permit criteria. Krach suggested that this was an honorable motion even though it amounted to tilting at windmills. He recognized that the building was a beautiful design, but added that it was just proposed for the wrong place. Voice vote: Krach, Krippaehne, Whitford, Leighton, and Saladoff, YES. Skibby, NO. Motion passed 5-1, Shostrom called for a brief break at 8:46 p.m. The meeting resumed at 9:00 p.m. Ashland Historic Commission Minutes November 5, 2003 CITY OF SHLAND Planning Action 2003-127 Land Partition, Site Review, Variance, and Administrative Variance and Exception 212 East Main Street Ed and Tanya Bemis Knox noted that this item had been continued from last month, and he added that the discussion at that time had to do with the lack of detail in the proposal. He explained that the Planning Commission had agreed that more information was needed to resolve design comments. He stated that the applicants have since provided additional information to the Review Board, and have attempted to eliminate all variances from the proposal except for the balconies. He stated that there was one additional area of staff concern, and that he was seeking the commission's help to resolve it. He stated that this would be a more formal discussion, with plenty of detail presented now including the cut-out's and renderings the applicant had posted. He stated that the plans presented give some options while the packet information that was distributed speaks to the prior comments. Knox clarified that the two relatively minor issues identified by staff as remaining were: 1 ) the balconies and 2) the vertical rhythms. Knox explained that the ordinance says that recessed or projecting balconies shall not be incorporated in a street- facing elevation. He pointed out that the prohibition on balconies in the design standards came out of looking at the downtown streetscape in its entirety. He stated that there are very few projections into the downtown streetscape, and in establishing the standards the Martino's building was seen as very foreign due to its stepped-back, recessed balconies. He clarified that the design standards intend to give the best guidance possible; he cited page 8 of the Site Design and Use Standards where exceptions are illustrated as showing a balcony that does not dominate the building's apPearance or deviate from the collective historic fa(}ade. He added that the Gen Kai building at 180 Lithia Way had recently been granted an exception. He stated that staff feels that while the proposed design meets the intent of the ordinance it is still technically a request for a variance. Knox stated that the second staff concern had to do with the vertical rhythms. He explained that along Main Street, properties are typically distinguished by color variations, material treatment, or vertical breaks. He added that in addition to this pattern, buildings also typically step down with grade. He suggested that the architects need to establish these patterns here to address staff concerns. Knox stated that staff feels that the application is complete and can now move on to the Planning Commission with support from the staff. He added that he feels the design represents a wonderful investment in the downtown Urban core with housing, hidden parking, and sustainable design. He stated that the minor design elements could be resolved here tonight. Shostrom opened the public hearing at 9:10 p.m. Applicants Ed and Tanya Bemis and architects Ken Ogden and David Wilkerson of Ogden Kistler Architecture introduced themselves. Ogden noted that the colored elevation displayed was based on the commission's comments from the last meeting. Ogden discussed the previous design as a single mass with no breaks and lots of glazing. He pOinted out the changes made to reduce the glazing, repeat vertical patterns, extend columns to the ground, articulate the column caps, and separate the mass into a building, a core area, and another building wrapping around the side of Hargadine Street. Ogden noted that the commercial area nearest the hotel would have steel-framed windows with divided lights, and the central core structure would be slightly different. He stated that the more residential portion near Hargadine would have wood-framed windows. He discussed the anchored central point, the arches, refined historic details, cornices, and use of the base to anchor the structure. He noted that the proposal continued to read as one element due to the horizontal aspect. Ogden presented a new suggested design with a more definitive element in the form of a go-away strip to divide the structures. He explained that the central portion retains its sense of being the core through its different vocabulary, while the portion nearer to Hargadine gives rhythm and continuity while remaining distinct. He explained that he attempted to have each respond and communicate with the other, such as in the Use or arches, without copying details. He added that the light fixtures, windows, and molding would be distinct. Ogden stated that each building has a clear sense of entry, and he noted that the unit nearest Hargadine had its entry to Hargadine. He also addressed the erosion of form on the Ashland Springs side of the development, noting that he was proposing less stair-stepping and modifying the single depth arch element to a cube. He stated that the changes result in a more powerful feeling of a streetscape with different buildings. Ogden pointed out that the scale, massing and height are all within standards for the zone. He explained that while there is some volume, the overall height is less than the Old Masonic building on the Plaza. He emphasized that the varied forms, the level of detail, and the articulation and undulation were in direct response to commission comments. He stated that Ash/and Historic Commission Minutes November 5, 2003 CITY OF SHLAND while there are still six balconies in the proposal, the articulation of the primary face means that the balconies only Project eight inches. He explained that this would soften the face from a pedestrian point of view, and noted that this change was in response to Planning Commissioner Marilyn Briggs' concerns that the balconies conflicted. Ogden reaffirmed that this was not the last time the commission would be seeing this design, and he stated that he would be coming back to the commission as design options presented themselves. He suggested that the applicants, architects, staff, commissioners, and city will be proud of the end result. Skibby inquired about the First Street elevation entries. Ogden discussed the retail space and plaza entries, and the entry on the core retail area. Skibby stated that this retail entry would be strengthened by double doors. Ogden suggested that these could be recessed back for a more protected feel. Wilkerson noted that the design being shown was a notch up from the packet materials as it had been redesigned today from staff input in a morning meeting. Ogden emphasized that the form and imagery better separate the three units. Knox stated that staff was very pleased with the changes presented. He noted that the Site Design and Use Standards do prefer recessed entrances. Ogden accepted that this could be made a condition of approval. Ogden discussed the Hargadine Street edge. He pointed out that there were a series of repetitive forms that steal somewhat from the Hotel behind. He stated that the design had a solidified base with a solid mass and centered focal point, broken up by planters, and fairly consistent with the original design but with increased loft area and windows over the stair tower. Ogden explained that the alley elevation would mirror the articulation of the new First Street elevation. He noted that where there were previously diagonal diamond grills to screen the parking, he had now added half-height walls with a horizontal pattern. He noted that the uphill door from the parking area would be an exit only. He stated that an awning at the pedestrian plaza would be the only highlight from the alley edge. Ogden reported that the pedestrian plaza edge had entry elements balanced back with an erosion of the fa(~ade and a centered plaster reveal that presented a public art opportunity. He stated that the artistic elements were yet to be defined, but he added that there would definitely be solid panels for the elevator shaft. Knox questioned whether the applicants would consider offering this space up for the Public Art Commission to design. The Bemis were agreeable to this request, and added that they felt that the hotel should be given some input as well given the proximity and orientation. Leighton question how the Hargadine stairwell would be defined. Ogden stated that he would love something besides leaving it blank, and suggested that he could bring ideas back to a later session. He emphasized that he was eager to discuss this item, and drew a proposal on the board with radiused roof forms and cabling to give an airier, open, contemporary feeling. He stated that he was excited by the opportunity to create an architectural sculpture. Wilkerson added that this would enliven the streetscape while letting light and air into the parking area. Ogden stated that it would draw in pedestrians. Saladoff stated that he felt the element was symmetrical, with the street all at one elevation. He agreed that the street read as more of a single elevation from Hargadine and stated that he would not be opposed to something contemporary as a break-up. Skibby stated that he was open to this idea as well. Ogden explained that the horizontality was overcome by material differences, cap articulation and height variation to break things up. Whitford asked whether the color changes reflected material differences. Ogden responded that they were similar materials but with differences in the color, texture and finish. He noted that there was a transition from smooth plaster to repetitious control joints that gave the appearance of stacked block and back to smooth plaster. Ogden added that plaster seemed to be the pattern in the downtown. He noted that there would be some plaster moldings but that most would be pre-cast. He stated that the cornice profile would be unique on each building. Doug Neuman/951 Emigrant Creek Road noted that he was the owner of the Ashland Springs Hotel and had been working a long time to bring this project forward. He explained that he had first intended to match the existing hotel structure on the lot behind but had found that this would be less appropriate and might detract from the existing. He added that he liked Portland Pearl District and it provided some guidance here. He noted that the last meeting's comments had redirected the design to a truer sense of Ashland architecture. He emphasized how excited he was with the current design, Ashland Historic Commission Minutes November 5, 2003 8 CiTY 'OF SHLAND which he feels is appropriate to both Ashland and the historic district. He stated that he was available for any questions the commission might have. Shostrom closed the public hearing at 9:45 p.m. Leighton questioned the open layout development where each tenant would be able to determine the arrangement of interior spaces rented. Wilkerson responded that spaces have been allotted to each use, and Ogden added that there was a new matrix that had been prepared breaking out the allocations. He added that generally the upper two levels are open for residential use but the commercial layouts are clearly defined. Bemis clarified that tenants will be able to configure their units uniquely and it gives them the opportunity to design their own interiors. He emphasized that the flexibility was in interior design details, not wall spacing. Shostrom questioned the total gross floor area; Wilkerson responded that it was not the 90,000 square feet stated in recent pieces in the Tidings and was closer to 80,000. Shostrom stated that based on the roughly 19,000 square foot footprint and three levels it is roughly 60,000 feet. Wilkerson and Ogden concurred with that assessment. Shostrom expressed his concern with the volume and scale, but noted that it was well-mitigated since the last meeting as the applicants had addressed the eighty foot vertical rhythms. Wilkerson responded that they had tried to address the design within an Ashland context and had tried to look to the Plaza for similarities. Shostrom and Skibby agreed that this was moving in the right direction. Wilkerson reiterated that the separation was based on comments to reduce the scale. Whitford suggested that the applicant had made huge strides in two weeks, with the appearance of three separate, smaller buildings. Ogden added that they were continuing on in that direction. Skibby reminded the applicant to clearly define the entrances on the First Street elevation and added that the motion should reflect this. Krippaehne agreed that well defined commercial entries from the street side are important. She expressed her disagreement with the arbitrary breaking up of the structure. She stated that this is a sham that does not make a better building. ,She emphasized that the exterior should reflect what is going on inside and that in this case there was no reason for the separation except for the standards. She agreed that the applicants had come a long way in getting to the standard. She reiterated that the arbitrary separation was not her preference, but added that the applicant had done a lot to meet the city standard. Shostrom stated that he appreciated Krippaehne's comments, and he suggested that there had been so much change to the design that the members did not have for the other three sides that they must interpolate. He stated that he was fearful that the applicants' malleability could lead them in the wrong direction. Ogden stated that they could take a step back. Bemis expressed his concern that a design by committee process could be nonstop. He emphasized that the design is already generating calls from prospective tenants at this stage, and that he feels that the design presented tonight is "it." He added that there did not seem to be a collective input being provided but rather a collection of individual opinions. Krippaehne emphasized that she felt the applicants had done a great job in designing to city standard, and that she was merely questioning the design standard as focusing on frosting. ,She stated that she has a philosophical disagreement with the standard here, and she added that one building should not have to look like three separate buildings. Saladoff explained that the project represents a type and scale that had not been seen when the standards were set. He noted the community's resistance to the big box idea, and he added that his reaction is that he does not want the look of one big box. He recognized the applicants' concern that the commission was not speaking with one voice. He stated that the applicants' malleability could lead to getting mired in details, but he added that this is pushing the design to the standards. Saladoff pointed out that historically development did not come all at once and the separation is a reflection of that. He agreed that it can seem artificial on a project built from scratch, especially when done only to meet the code, and he acknowledged Krippaehne's trepidation. He added that he likes the direction the design has taken. Bemis stated that he feels the appearance is very pleasing; he pointed out that while the fire station demonstrates the requested separation the library does not. Ash/and Historic Commission Minutes November 5, 2003 : CITY OF : SHLAND Knox noted that the standards were adopted to give the commission a "place to hang its hat" in decision making. He cited the Bard's Inn as an example of a design by competing interests, and he agreed that this was unfair to the applicants. He stated that the standards are fair in that they represent an objective goal post. He added that the standards represent a commitment by the community. Skibby stated that he likes the direction taken to date with the Site Design and Use Standards as a guide. He added that he would not be for a single, solid structure and he finds the current design to be an improvement over last month. Whitford suggested that the applicant has affirmed that approval will not end the commission's involvement, and he stated his belief that the applicants are committed to true design collaboration. Ogden stated that he had created appropriate imagery for Ashland and had shown on the elevation provided that he has the technical ability to develop the other three elevations accordingly. He reiterated that he would run other design features by the commission throughout the project. He suggested that commissioners look at the big picture, and rather than seeing responsiveness as too malleable seeing it as being comfortable with working in a committee setting. Ogden added that he is able to glean valuable input from group comment through his experience with designing schools and hospitals and dealing with their committees and boards. He emphasized that the tools for a great design are here and he expressed his hope for a little faith on the part of the commission. Skibby agreed that the architects had established their credibility. Shostrom clarified that his statements about malleability were meant positively. Skibby added that having exterior designs were important to ensuring compatibility. Morrison noted that the big box ordinance as recently clarified by the council intended to limit size while making allowance for parking, as provided here. He suggested that this application meets the intent of the ordinance and that the applicants were doing a very good job thrOugh their design. He added that he found the appearance of three separate buildings quite pleasing. He noted that frosting is important, or more cakes would be sold without it, but agreed that the exterior appearance should harmonize with the interior workings. He stated that he felt the applicants could articulate this through their design, and he noted that there are other large buildings all around, some of which are huge and ugly. He concluded that this proposal is a step up. Whifford/Skibby mis to approve Planning Action 2003-127 with the understanding that there would be continued collaboration between the applicants, staff and the commission throughout the remainder of the design process to address recessed' entries to the commercial areas, clarify the stairway along Hargadine Street, work out the plaza View elevator shaft treatments, and resolve other details as established. Discussion: Knox suggested that there would be a typical condition recommended by staff that the final design incorporate all recommendations of the Historic Commission. Saladoff questioned the process for addressing further detail on the remaining elevations if the action were approved here and now. He asked whether those elevations were necessary prior to making a decision. Whitford stated his trust in the architects' explanation that the other elevations would reflect the changes made in the First Street elevation and added that he was comfortable that these changes could be carried out in good faith. Skibby concurred with Whitford and he added that there would also be additional opportunity for review of the final design through the building permit approval process. Knox pointed out that the applicant might be able to complete the remaining three elevations prior to next week's Planning Commission meeting. He suggested that one member of this commission could attend and comment of the final elevations. Ashland Historic Commission Minutes November 5, 2003 10 IIHI CITY OF SHLAND Morrison stated that the concern expressed at the last meeting was that there was a lack of detail and he suggested that the question now is whether there is enough. He emphasized that the issue muSt be whether commissioners feel they have enough detail at this stage. Shostrom expressed his reservations with granting approval at this stage based on the level of detail presented here. He emphasized that he has confidence in the ability and responsiveness of the architects, but he stated that he was fearful of granting approval without seeing all of the completed elevations. Ogden briefly noted how the new First Street elevation related to the other elevations and would tie into the floor plans. Skibby reiterated his feeling that there was enough detail to move ahead at this point. Skibby/Leighton mis to extend the meeting to 10:30 p.m. Voice vote: All AYES. Motion passed. Leighton/Saladoff mis to extend the meeting to 10:45 p.m. Voice vote: All AYES. Motion passed. Shostrom emphasized that he could not support approval with this level of detail. He added that he appreciated the concerns expressed by Krippaehne and would like to have time to discuss and consider the issues they raised. Morrison clarified that he was not being critical, and was simply asking members to consider whether they were comfortable with the level of detail being presented. Knox expressed his opinion that there was enough information to accept the application. He added that design is a subjective process with the devil in the details. He suggested that the applicants should be told what more is needed. He concluded that staff supports the commission in reaching a decision either way. Skibby suggested that the commission had approved projects before contingent upon resolving details. Shostrom clarified that this reservations had to do with working out details given the scale of this project. Saladoff noted the information that was lacking last time. He recognized that some of the details would not be set for sometime in the process, but he added that the commission still had not seen three of the four elevations in the detail needed or how the floor plans relate to these elevations. He noted that the applicants had addressed the concern with the balconies. He stated that he would be more comfortable with another continuance given the size of the project. He emphasized that he was confident the applicants would get it right. Ogden stated that he could prepare the other elevations to reflect the new revisions and to match the floor plans by next week's Planning Commission meeting. He emphasized that he felt the applicants had addressed the information requested by the commission, and added that they simply had not worked out all specific details as they are not at that stage in the project yet. He emphasized that they were at the conceptual design stage at this point. Knox clarified for Skibby that this action would be considered by the Planning Commission next week at the Planning Commission meeting on November 12th. Ogden reiterated the architects' willingness to improve the designs through input from the commission over the course of the project. Wilkerson emphasized the level of detail that had been added to the upper levels since the last meeting as a good faith illustration of their willingness to incorporate commission input. Bemis suggested that based on staff comfort levels and the proposed conditions that the commission allow the project to move ahead. Knox added that staff would draft a condition holding the applicants to their commitment to ongoing discussion with the commission over the course of the project. He added that this condition would involve finding an acceptable level of design deviation that would trigger bringing the project back to more formal review. Ogden emphasized that they would be back throughout the project because of the intensity and scale involved. Wilkerson noted that th6 architects would also continue to work under staff oversight. Skibby asked if staff could Ash/and Historic Commission Minutes November 5, 2003 11 CITY OF -ASHLAND provide verbal updates to the commission on the progress made in dealing with the applicants as the design develops further. Shostrom noted that an approval at this level of detail would set a precedent. Knox reiterated that staff was comfortable at this point, but he emphasized that the commission must be comfortable with the design too. He added that the applicants are putting themselves on the line in committing to Ongoing collaboration throughout the project. Wilkerson emphasized that the architects were not trying to alter the process or set precedent. Knox noted that the process usually involves one building, and he added that normally only small details are left to be resolved on follow up. He clarified that designs are typically at 65% complete or more when they reach this point in the commission's review, and he explained for the applicants that normally details being looked at would involve plans with scalable trim and other specific detail. Shostrom questioned what format an ongoing collaborative process would take. Knox suggested that there could be recurring off-agenda items as needed. He added that he felt the scale of the project was too much for Thursday review board consideration. Ogden stated that he believed they would be bringing in material samples. Krippaehne suggested that this could be done organically at an appropriate point in the process. Leighton stated that it might be too early for a decision in her view. Krippaehne explained that the commission may be expecting an inappropriate level of detail for a site review. She agreed with the need to have things come back through the design process. She emphasized the need for an organic coming-together of the design, and she stated that the design here was understandable with refinements to follow. Morrison stated that this will be a large building that he felt would be a credit to the community, but he added that with the scale of the project comes an increased level of scrutiny. He suggested that commissioners must be scrupulous in their decision. He emphasized that if commissioners were not comfortable he would suggest taking more time rather than truncating the process given the degree of scrutiny expected. Skibby clarified that the commission normally has finalized plans at the point of when they make a decision. He added that there was a motion on the floor yet to be voted upon. Voice vote: Krach, Krippaehne, Skibby, and Whitford, YES. Leighton and Saladoff, NO. Motion passed 4-2. LeightonlKrippaehne mis to extend the meeting to 11:00 p.m. Voice vote: All AYES. Motion passed. OLD BUSINESS Review Board - Following is the November schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Community Development & Engineering Services Building at 51 Winburn Way: November 6th November 13th November 20th November 26th Skibby and Krippaehne Skibby, Krach and Leighton Skibby and Whitford Skibby and Saladoff NEW BUSINESS: Lloyd Haines and Architect Dave Richardson informally presented a proposed design for new building located at 88 North Main. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 11:07 p.m. Ashland Historic Commission Minutes November 5, 2003 12 The Ashland Planning DePartment preliminarily approved this request on November 19, 2003. This action will be reviewed by the Ashland Planning Commission Hearings Board at 1:30 p.m. on November 12, 2003 at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. No public testimony is allowed at this review Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 20 East Main Street, prior to 3:00 p.m. on December 1, 2003. The written request for the public hearing must Include )'our name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. ~ .SPECIFICALLY REQUEST A PUBLIC HEARING by the time and date stated above, there will be no public testimony If you have queslJons o~ comments conoemlng INs request, please feel free to contact Susan Yates at Ihe Ashland Planning Department, City Hall, at 541-552-2041. 11~1_.. If a headng is requested, it will be scheduled for the following month, Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. ~ The ordinance atte~ applicable to lhis application are attached to this notice. Oregon by letter, ~ failure to provide sufficient specificity to afford the daCtslo~ maker an of Appeals (LUBA) on Ihat issue. Failure to spadfY which ordinanoe altorion lhe objection is based o~ also precludas your Hght of appeal to LUBA on lhat cfltedon. Failure of the wilh suf~lent specl~ to allow this Commission to respond to Ihe Issue precludes an action for damages in circuit court. A copy of Ihe applicalJon, all documents and evidence relied up<m by the applicant and applicable criteria are available for InspectJo~ at no cost and will be provided at seven days ~ to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall. 20 East Main Street, Ashland. O~egon 97520. Our TTY phone number is 1-800-735-2900. NOTE: This Planning Action will also be heard by the Ashland Historic Commission on December 3, 2003, 7:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: Public comment concerning the project's landscaping plan will be taken on December 8, 2003 between 2:30 and 4:00p.m. at the Community Development and Engineering building located at 51 Winbum Way. PLANNING ACTION 2003-152 is a request for Site Review and a Conditional Use Permit to construct an approximately 715 square foot addition to the parish hall of the existing Trinity Episcopal Church located at 44 North Second Street. Comprehensive Plan Designation: Commercial; Zoning: C-l-D; Assessor's Map #: 39 1E 09 DB; Tax Lot: 3600. APPLICANT: Trinity Episcopal Church SITE REVIEW 18.72.070 Criteria for Approval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) CONDITIONAL USE PERMITS 18.104.050 Approval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the~use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: Se 7 o Similarity in scale, bulk, and coverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. Air quality, including the generation of dust, odors, or other ~environmental pollutants. Generation of noise, light, and glare. The development of adjacent properties as envisioned in the Comprehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed use. ARCHITECTURE LAND PLANNING PROJECT NARRATIVE/FINDINGS 3 NOVEMBER 2003 PROJECT NAME: Trinity Episcopal Church, Parish Hall Addition and Remodel TYPE OF PLANNING ACTION: A request for a Site Review Approval (Chapter 18.72) and a modification of a Conditional Use Permit (Chapter 18.104) for an addition and remodel to the parish hall of a church located in the C-1-D Zone District (Chapter 18.32). PROJECT INFORMATION: Owner/Applicant: Donna Ritchie, Senior Warden Trinity Episcopal Church 44 North 2~ Street Ashland, OR. 97520 541-482-2656 Architect/Agent: Tom R. Giordano 2635 Takelma Way Ashland, OR. 97520 541-482-9193 Surveyor: Hoffburh & Assoc. 3155 Alameda Medford, OR. 97501 Contractor: Medinger Construction Co. Inc. P.O. Box 702 Ashland, OR. 97520 541-482-3961 RECEIVED NOV 0 7 2003 2635 Takelma Way e Ashland, OR 97520 e Phone and Fax (541) 482-9193 2 Project Address: 44 North 2nd Street Legal Description: 39-1E-09 BD Tax Lot 3600 Comprehensive Plan Designation: Downtown Commercial Zoning Designation: C-1-D Site Data: Area of property 24,000 S.F. (three lots)(.58 acres) Paving (Parking/Walkways/etc.) 1000 S.F. Landscape/openspace 14,047 S.F. Total building Foot Print (addition & existing) 9304 S.F. Parish Hall 4,353 S.F. existing 5,067 S. F. with addition 100% 49% 38% Parking: None required, 2HC provided BACKGROUND: In February 1994, a Site Review was approved (PA 94-051) allowing for an exterior change to the church sanctuary which is listed on the National Register of Historic Places, see overall Site Plan. In April, 1998 an 860 S.F. addition of the parish hall to accommodate the church administrative offices was approved; however, the remaining portions of the proposed master plan was not approved due to insufficient information provided by the applicant. The proposed garden/columbairum design was approved in November 2002 (PA 2002- 125). This garden is located at the comer of Lithia Way and Second Street, see overall Site Plan. Recently, the original design has been modified and received recommended approval from the Historic Commission. In the near future, the sanctuary will be up-graded structurally and a new HVAC system will be installed. No exterior modifications are expected. RFC IVED JIUL 3 SITE DESCRIPTION: Land Use/Zoning- The subject property is located in Ashland's Downtown (Downtown Commercial Zone District) where established (two and three story) retaiL/commercial development exists. Most of the existing buildings in the downtown have been built with zero side yard setbacks and little to front and rear yard setbacks. Adjacent Land Uses and Zoning are: North - Lithia Way and one story service station/car wash & office; Zoned C-1-D South - Two story bank; Zoned C-1-D West - Second Street and two story retail commerciaL/office/and public parking; Zoned C- 1-D East - Alley, parking lot and one story offices; Zoned C-1-D. The intent of the downtown commercial (C-l-D) Overlay Zone District is to enhance and encourage the development of retaiL/commercial activities within a compact urban environment. The C-1-D District also allows for greater building height (55 feet with CUP) than the retaiL/commercial Zone District (40 Maximum Height). Further off-street parking and loading areas are not required, except for hotels. The subject property is within the Downtown Historic District and new construction is reviewed by the Historic Commission and City Staff. Further, the design of the project must comply with the City's Downtown Site Review and Historic Standards. A CUP currently exists; however, it must be modified due to the requested increase of square footage. The church property consists of three tax lots (3800, 3700, 3600); however, the parish hall is located on tax lot 3600. Access - The subject property has public access on three sides (Second Street, Lithia Way and the alley), see overall Site Plan. Existing sidewalks are on both Second Street and Lithia Way. A public parking lot is located across Second Street. There are a few parking spaces on site, offthe alley. Bicycle and public transportation is located on East Main Street and Lithia Way. NO¥ 0 7 4 Physical Constraints - The Trinity Episcopal Church activity (two buildings) is located on three tax lots. There is also a 1,195 S.F. non-church related office building on the property, see overall Site Plan. The church related buildings consist of a 3,657 S.F. sanctuary and a 4,353 S.F. parish hall/administrative offices. The sanctuary is on the National Register List of Historic Buildings and the parish hall is a Secondary Contributor, which will require Review by the State Historic Preservation Office (SHPO), for any modifications. There is existing landscaping and an irrigation system located between the sanctuary and parish hall. A proposed garden/columbairum is to be located on the comer of Second Street and Lithia Way, see PA-2002-125 file. PROJECT DESCRIPTION - Request - The church wishes to provide a modest expansion (714 S.F. approximately) to the parish hall. The purpose of this expansion is to provide additional meeting space and storage/restrooms. The expansion will occur toward the alley (east) and the existing office building(north), see overall Site Plan. In addition, the church desires to accomplish an interior remodel to the existing parish hall, library, kitchen and storage areas. Further, the existing windows are to be replaced with energy efficient, historic replicas. Land Use/Zoning - The proposed use is permitted in the Downtown Retail Commercial District with a CUP, as well as Site Review, detailed Site Review and Historic Site Review. No additional auto parking is proposed. Existing trash/recycling is serviced from the alley. Architecture - It is the intent of the applicant to create an Exterior Design Concept that matches the historic character of the existing building, see Exterior Elevations. The proposed exterior material and windows for the addition will also match the existing character, see Photographs. The proposed design has been reviewed by the Historic Review Committee and received a favorable reaction, see Historic Log for 25 September 2003. RECEIVED NOV 0 7 2003 SITE REVIEW (Chapter 18.72) The Planning Staff/Planning Commission can approve a Site Review when the following Criteria have been addressed: A. All applicable City Ordinances have been met or will be met by the proposed developmeng Chapter 18.32 (Downtown Overlay), Commercial District, allows a variety of Commercial Uses such as office, retail, eating, drinking, entertainment and theaters. The proposed addition is in concert with the above Uses, by providing both office and meeting activities; However, a Conditional Use Permit (CUP) is required in all Zone Districts for a Church Use, see CUP Findings. The applicant, (church), is requesting an addition of 714 S.F. for an expansion of the meeting room, restrooms and storage areas. Further, the proposed addition meets or exceeds the requirements of Chapter 18.32 regarding set backs, height of buildings, solar set back (none required in the C-1-D district), parking, lot coverage, and landscaping. Compliance is substantiated with the Drawings and the Narrative/Findings provided by the applicant. B. All requirements of the Site Review Chapter have been met or will be meg The applicant is providing a written Narrative and Findings as well as a Site/Floor Plans, City Topographic Survey, Aerial Photograph and Building Elevation Drawings. This information is provided in the Application Package and addresses the Submittal Requirements of Chapter 18.72.060. Landscape Standards - No landscaping is required in the Downtown Zone; however, there are existing street trees along Second Street and the City has scheduled sidewalk improvements along Lithia Way. Parking - No parking is required in the C-I-D Zone District. There are however, existing public bicycle racks located through out the downtown as well as a public parking lot located across Second Street. RECEIVED NOV 0 ? ~00~1 6 Recycling - The applicant has existing trash/recycling facilities within the existing building. Light and Glare - Any new wall mounted lighting will be directed down. C. The development complies with the Site Design Standards adopted by the City Council for the implementation of this Chapter. Due to the location of the proposed project, it is subject to the following Design Standards: 1. Basic Site Review; 2. Detail Site Review; 3. Street Tree; 4. Downtown; and 5. Historic. In general, the proposed project meets all the City Design Standards except for the Downtown District; Therefore, an exception to this Standard will be requested, see Findings below. II-C-1. BASIC SITE REVIEW STANDARDS Approval Standardt D~nn~opmtat in all tomm~'tlal and mpio~na~t ton~ ahall toahrm to the foilowlltR devdopm~at Mandatd~t H-C-la) Orientation and Scale Buildings shall have their primary orientation toward the street rather than the parking area. Building entrances shall be functional, and shall be shall be accessed from a public sidewalk. Public sidewalks shall be provided adjacent to a public street frontage. Buildings that are within 30feet of the street shall have an entrance for pedestrians directly from the street to the building interior. This entrance shall be designed to be attractive and functional, and shall be open to the public during all business hours. RECEIVED NOV O? 2005 These requirements may be waived if the building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service uses such as service stations and tire stores. As mentioned in the Project Description, the addition to the Parish Hall building, will occur at the rear of the lot, adjacent to the existing alley. The existing building currently is oriented toward Second Street and has pedestrian access fi.om the existing sidewalks. II-C-lb) Streetscape 1) One street tree chosen from the street tree list shall be placed for each 30feet of frontage for that portion of the development fronting the street. See, Street Tree Standard. II-C-lc) Landscaping Landscaping shall be designed so that 50% coverage occurs after one year and 90% coverage occurs after 5 years. Landscaping design shall use a variety of low water deciduous and evergreen trees and shrubs and flowering plant species. 3) Buildings adjacent to streets shall be buffered by landscaped areas at least lO feet in width, except in the Ashland Historic District. Outdoor storage areas shall be screened from view form adjacent public rights-of-way, except in M-1 zones. Loading facilities shall be screened and buffered when adjacent to residentially zoned land. 4) Irrigation systems shall be installed to assure landscaping success. 5) Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. Not applicable. There is no landscaping required; however, the applicant is providing a garden at the comer of Lithia Way and Second Street, see PA 2002 - 125. II-C-ld) Parking 1) Parking areas shall be located behind buildings or on one or both sides. 8 2) Parking areas shall be shaded by deciduous trees, buffered from adjacent non- residential uses and screened from non-residential uses. Not applicable. There is no parking required. II-C-lc) Designated Creek Protection Designated creek protection areas shall be considered design elements and incorporated in the overall design ora given project. Native riparian plant materials shall be planted in the adjacent to the creek to enhance the creek habitat. Not applicable. There is no creek associated with the subject property. II-C-10 Noise and Glare I) Special attention to glare (AMC18. 72.110) and noise (AMC9. 08.170(c) & AMC 9. 08.175) shall be considered in the project design to insure compliance with these standards. The proposed Use ,(meeting activity), will occur inside and not generate noise. The applicant is proposing wall mounted lights on the addition. These lights will be directed down. II-C-lg) Expansions of Existing Sites and Buildings 1) For sites which do not conform to these requirements, an equal percentage of the site must be made to comply with these standards as the percentage of building expansion, e.g., if the building area is to expand by 25%, then 25% of the site must be brought up to the standards required by this document. See, Downtown Exception Findings. II-C-2. DETAIL SITE REVIEW Developments that are within the Detail Site Review Zone shall, in addition to complying with the standards for Basic Site Review, conform to the following standards: R C IV, ED NOV 0 7 2003 9 II-C-2a) Orientation and Scale I) Developments shall have a minimum Floor Area Ration of.35 and shall not exceed a maximum Floor Area Ratio of .5 for all areas outside the Historic District. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum floor area ratio. Not applicable. 2) Building frontages greater than 100feet in length shall have offsets, jogs, or have other distinctive changes in the building facade. Not applicable. This addition is located at the rear of the property. Further, the front facade is only 24 feet wide. 3) Any wall which is within 30feet of the street, plaza or other public open space shah contain at least 20% of the wall area facing the street in display areas, windows, or doorways. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas. Blank walls within 30feet of the street are prohibited Up to 40% of the length of the building perimeter can be exempted from this standard if oriented toward loading or service areas. The addition is located at the rear of the.property adjacent to the public alley and not fronting on a street. 4) Buildings shall incorporate lighting and changes in mass, surface of finish to give emphasis to entrances. Not applicable, see Downtown Exception Findings. 5) Infill of buildings, adjacent to public sidewalks, in existing parking lots is encouraged and desirable. This addition is, an infill-project, at the rear of the property and adjacent to the public alley, and therefore desirable. 6) Buildings shah incorporate arcades, roofs, alcoves, porticoes and awning that protect pedestrian from the rain and sun. See, Exception Findings. R CI IVED NOV 0 1' 2003 10 II-C-2b) Streetscape 1) Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be unit masonry, scored and colored concrete, grasscrete, or combination of the above. The applicant is providing a large public garden/openspace at the comer of Lithia Way and Second Street. 2) A building shall be setback not more than 20feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas. If more than one structure is proposed for a site, at least 25% of the aggregate building frontage shall be with 20feet of the sidewalk. Not applicable. II-C-2c) Parking & On-site Circulation 1) Protected, raised walkways shall be installed through parking areas of 50 or more spaces or more than l OO feet in average width or depth. 2) Parking lots with 50 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least lO feet in width, or by a building or group of buildings. 3) Developments of one acre or more must provide a pedestrian and bicycle circulation plan for the site. On-site pedestrian walkways must be lighted to a level where the system can be used at night by employees, residents and customers. Pedestrian walkways shall be directly linked to entrances and the internal circulation of the building. The above Findings are not applicable. II-C-2d Buffering and Screening 1) Landscape buffers and screening shall be located betWeen incompatible uses on an adjacent lot. Those buffers can consist of either plant material or building materials and must be compatible with proposed buildings. 2) Parking lots shall be buffered from the main street, cross streets and screened from ~10¥ 0 ? ~003 IIIlL ...... 11 residentially zoned land. The above Findings are not applicable. lI-C-2e) Lighting Lighting shall include adequate lights that are scaled for pedestrians by including light standards or placements of no greater than 14feet in height along pedestrian path ways. The applicant will provide wall mounted lights which will be placed no greater than 14 feet in height at the entrances of the addition. II-C-20 Building Materials 1) Buildings shall include changes in relief such as cornices, bases, fenestration, fluted masonry, for at least 15% of the exterior wall area. The applicant is providing Exterior Elevations of the propOsed addition. These elevations show compliance with the Historic District, see Findings below. 2) Bright or neon paint colors used extensively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. The proposed color (white) for the addition will match the existing parish hall and sanctuary. E. STREET TREE STANDARDS APPROVAL 8TAM)AM); All development frentln~ en publle or p~K a~ ~all ~ ~ul~ ~ phnt 8~ ~ In a~an~ wl~ ~e ~llowl~ 8Mnda~s end ~ ~m · e ~mm~d~ iht of 8t~t ~ ~und h ~b ~n, Location for Street Trees Street trees shah be located behind the sidewalk except in cases where there is a designated planting strip in the right of-way, or the sidewalk is greater shah include irrigation, root barriers, and generally conform to the standard established by the Department of Community Development. NOV 0 ? 5003 12 Spacing, Placement, and Pruning of Street Trees .0 All tree spacing may be made subject to special site conditions which may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follows: Street trees shah be placed the rate of one tree for every 30feet of street frontage. Trees shah be evenly spaced, with variations to the spacing permitted for spec~c site limitations, such as driveway approaches. b) Trees shah not be planted closer than 25feet from the curb line of intersections of streets or alleys, and not closer than lO feet from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles. c) Street trees shah not be planted closer than 20feet to light standards. Except for public safety, no new light standard location shall be positioned closer than lO feet to any existing street tree, and preferably such locations will be at least 20feet distant. d) Trees shall not be planted closer than 2h feet from the face of the curb except at intersections where it shall be 5feet from the curb, m a curb return area. e) Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines. JO Trees shall not be planted within 2feet of any permanent hard Surface paving or walkway. Sidewalk cuts in concrete for trees shall be at least 10 square feet, however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Space between the tree and such hard surface may be covered by permeable non-permanent hard surfaces such as grates, bricks on sand, or paver blocks. g) Trees, as they grow, shall be pruned to provide at least 8feet of clearance above sidewalks and 12feet above street roadway surfaces. h) Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. II-E-3) Replacement of Street Trees 0 Existing street trees removed by developmentprojects shah be replaced by the developer with those from the approved street tree list. The replacement trees shah be of size and species similar to the trees that are approved by the Staff Advisor. NOV o 7 5003 13 II-£4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission. As mentioned in the Project Description, there are existing street trees in the parkrow strip along Second Street. Further, the City will be installing sidewalk improvements on Lithia Way. SITE DESIGN AND USE STANDARDS SECTION VI DOWNTOWN DESIGN STANDARDS: For the following Standards, see Exception to Standards and the CUP Findings below. VI-A) Height O Building height shall vary from adjacent builds, using either "stepped" parapets or slightly dissimilar overall height to maintain the traditional "staggered" street scape appearance. An exception to this standard wouM be buildings that have a distinctive vertical division/facade treatment that "visually" separates it from adjacent building. 2) Multi-story development is encouraged in the downtown. VI-B) Setback 1) Except for arcades, alcoves and other recessed features, buildings shall maintain a zero setback from the sidewalk or property line. Areas having public utility easements or similar restricting conditions shah be exempt from this standard. 2) Ground level entries are encouraged to be recessed from the public right-of-way to create a "sense of entry" through design or use of materials. 3) Recessed or projection balconies, verandas or other useable space above the ground level on existing and new buildings shah not be incorporated in a street facing elevation. VI-C) Width 1) The width of a budding shall extend from side lot line to'side lot line. An exception to this standard would be an area specifically designed as plaza space, courtyard space, dining space or rear access for pedestrian walkways. 14 2) Lots greater than 80' in width shall respect the traditional width of buildings in the downtown area by incorporation a rhythmic division of the facade in the building's design. VI-D) Openings I) Ground level elevations facing a street shall maintain a consistent proportions of transparency (i.e., windows) compatible with the pattern found in the downtown area. 2) Scale and proportion of altered or added building elements, such as the size and relationship of new windows, doors, entrances, columns and other building features shall be visually compatible with the original architectural character of the building. 3) Upper floor window orientation shall primarily be vertical (height greater than width). 4) Except for transom windows, windows shall not break the front plane of the building. 5) Ground level entry doors shall be primarily transparent. 6) Windows and other features of interest to pedestrians sUCh as decorative columns or decorative corbeling shall be provided adjacent to the sidewalk. Blank walls adjacent to a public sidewalk is prohibited. Horizontal Rhythms 0 Prominent horizontal lines at similar levels along the street's street-front shah be maintained. 2) A clear visual division shall be maintained between ground level floor and upper floors. 3) Buildings shall provide a foundation or base, typically from ground to the bottom of the lower window sills, with changes in volume or material, in order to give the building a "sense of strength ". VI-F) Vertical Rhythms I) New construction or storefront remodels shall reflect a vertical orientation, either through actual volumes or the use of surface details to divide large walls, so as to reflect R I' /ED NOV 0 ? 2003 15 the underlying historic property lines. 2) Storefront remodeling or upper-story additions shall reflect the traditional structural system of the volume by matching the spacing and rhythm of historic openings and surface detailing. VI-G) Roof Forms 1) Sloped or residential style roof forms are discouraged in the downtown area unless visually screened for the right-of-way by either a parapet or a false front. The false front shall incorporate a well defined cornice line or "cap" along all primary elevations. VI-H) Materials 1) Exterior building materials shall consist of traditional building materials found in the downtown area including block brick painted wood, smooth stucco, or natural stone. In order to add visual interest, buddings are encouraged to incorporate complex "paneled" exteriors with columns, framed bays, transoms and windows to created multiple surface levels. VI-I) Awnings, Marquees or Similar Pedestrian Shelters 1) Awnings, marquee or similar pedestrian shelters shall be proportionate to the building and shall not obscure the building 's architectural details. If mezzanine or transom windows exist, awning placement shall be placed below the mezzanine or transom windows where feasible. 2) Except for marquees - similar pedestrian shelters such as awnings shall be placed below the pilasters. 3) Storefronts with prominent horizontal lines at similar levels along the street's street, front shall be maintained by their respective sidewalk coverings. VI-J) Other 0 Non-street or alley facing elevations are less significant than street facing elevations. Rear and sidewalls of buildings should therefore be fairly simple, i.e., wood, block brick stucco, cast stone, masonry clad, with or without windows. 2) Visual integrity of the original building shall be maintained when altering or adding NOV 0 ? ~003 16 building elements. This shall include such features as the vertical lines of columns, piers, the horizontal definition of spandrels and cornices and, and other primary structural and decorative elements. 3) Restoration, rehabilitation or remodeling projects shall incorporate, whenever possible, original design elements that were previously removed, remodeled or covered over. 4) Parking lots adjacent to the pedestrian path are prohibited (Refer to Design and Use Standards, Section II-D, for Parking Lot Landscaping and Screening Standards). An exception to this standard wouM be paths required for handicapped accessibility. 5) Pedestrian amenities such as broad sidewalks, surface details on sidewalks, arcades, alcoves, colonnades, porticoes, awnings, and sidewalk seating shall be provided where possible and feasible. 6) Uses which are exclusively automotive such as .service stations, drive-up windows, auto sales, and tire stores are discouraged in the downtown. The city shall use its discretionary powers, such as Conditional Use Permits, to deny new uses, although improvements to existing facilities may be permitted. VI-K) Exception to Standards: An exception to the Downtown Design Standard is not subject to the Variance Requirements of Section 18.100 of the Ashland Municipal Code and may be granted with respect to the Downtown Design Standards if all the following circumstances are found to exist: I) There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site, an existing structure or proposed use of the site; 2) There is demonstrable evidence that the alternative design accomplishes the purpose of the Downtown Design Standards and Downtown Plan in a manner that is equal or superior to a project designed pursuant to this standard or historical precedent. 3) The exception requested is the minimum necessary to alleviate the difficulty of meeting the Downtown Design Standards. As mentioned in the Site Description Section of the Narrative, the Church property NOV 0 ? 2003 JltlL 17 consists of three tax lots and three buildings. The "Morgan Building", located along Lithia Way and the alley ,(see Site Plan), has recently been remodeled and functions as a Designer's office. The exterior design complies with the Downtown Design Standards and does not reflect the design of the Sanctuary or Parish Hall. The Sanctuary Building is a significant example of a church structure built in the early 1900's. This structure is also listed on the National Register of Historic Places, and locally designated as a Primary Contributing Building within Ashland's Historic Districts. The triangular shaped portion of land on the comer of Lithia Way and Second Street, will become a "columbarium" and will function as a meditation garden. This recently approved project (PA 2002 - 125) will become a significant plaza/openspace feature in downtown Ashland. The Parish Hall Building functions as both Administrative offices and meeting space, and supports the religious function of the church. In 1998, an addition to this building, which fronts on Second Street, was approved. Other additions to the building were built in the 1950%. The church is proposing an addition to the Parish Hall, to expand the meeting space, increase the storage area and provide restrooms. The 714 S.F. addition will be located at the rear of the building, along the public alley, see Overall Site Plan and Floor Plan. The Design approach used by the Architect, is to blend the addition with the two existing styles (original "craftsman" and 1950's). The proposed addition will utilize similar size, scale, portion and form as well as matching color, trim, detailing and windows/doors, see Exterior Elevations. The approach will compliment the Sanctuary but not compete with. the Historic quality of this structure. Further, the addition will occur at the rear of the property (behind the Sanctuary) and will not be seen from Lithia Way or Second Street, see Overall Site Plan. The Episcopal Church, over the past five years, has experienced an on-going growth in the number of members and needs the increased square footage to support the religious functions. Along with the addition project, the church will remodel and upgrade the kitchen and library spaces (interior only). The Parish Hall is locally designated as a Secondary Contributing Building in the Historic District. Also, its location to the Sanctuary required Review by the State Historic Preservation Office (SHPO). Both the existing Sanctuary and Parish Hall as well as the proposed addition, do not D__. 18 comply with the Downtown Design Standards; However, the following information is provided to justify the Non-Compliance, with these Standards: 1. This site has been used as a Religious Institution for at least 80 years. This is a unique situation when considering the usual commercial activities found in Ashland's downtown. The commercial building design standards are not consistent or compatible with either the church's long established use or the existing historic design of these buildings. 2. Commercial design concept for the addition would not be consistent or desirable when considering the local and State Historic Designation of these existing building buildings. 3. The proposed 714 S.F. addition will occur at the rear of the property adjacent to the alley. Further, the addition is screened from Second Street and Lithia Way by existing buildings. C. HISTORIC DISTRICT DESIGN STANDARDS In addition to the standards found in Section II, the following standards will be used by the Planning and Historic Commissions for new development and renovation of existing structures within the Historic District. IV-C4) Construct buildings to a height of existing buildings from the historic period on and across the street. Avoid construction that greatly varies in height (too high or too low)from older buildings m the vicinity. iv-c-2) Relate the size and proportions of new structures to the scale of adjacent buildings. Avoid buildings that in height, width, or massing, violate the existing scale of the area. IV-C-3) Break up uninteresting boxlike forms into smaller, varied masses which are common on most building from the historic period. Avoid single, monolithic forms that are not relieved by variations in massing. IV-C-4) Maintain the historic facade lines of streetscapes by locating front walls of new buildings in the NOV o ? 2O0;] ..... J IIIL 19 same plane as the facades of adjacent buildings. AvoM violating the existing setback pattern by placing new buildings in front or behind the historic facade line. Avoid replicating or imitating the styles, motifs, or details of older periods. Such attempts are rarely successful and, even if well done, present a confusing picture of the true character of the historical area. For the Historic District Findings, see the Site Review Standards and the Exception to the Downtown Design Standards, above. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, adequate transportation can and will be provided to and through the subject property. As mentioned in the Project Description and the above Findings, this is a modest addition, (714 S.F.), to an existing downtown building. The addition will have minimal, if any, adverse impacts on the City's existing utilities and services which are located in the ROW of the streets and public alley. There is both on-street parking as well as a public parking lot in the immediate vicinity of this site. CONDITIONAL USE PERMIT (CUP) - (Chapter 18.104) The Planning Staff and/or Commission can approve a Church Use when all the following criteria have been met: A. That the use wouM be in conformance with all standards within the zoning district in which the use is proposed to be located and in conformance with relevant Comprehensive Plan policies that are not implemented by any City, State, or Federal law or program. All City Zone Districts require a CUP for a Church. See Finding A - Site Review and Exception to the Downtown Design Standards, above. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. See Finding D - Site Review, above. C. That the Conditional Use will have no greater adverse material effect of the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the REC IVlED 20 target use if the zone: 0 Similarity in scale, bulk, coverage. See Exception to the Downtown Design Standards, above. 2) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The project is located within the Downtown Commercial District where sidewalks, transit 'lines and bike lanes readily exist, The 714 S.F. addition will not significantly impact the street system since the church activity is used primarily on Sunday morning when commercial activity in the downtown is minimal. 3) Architectural compatibility with the impact area. See, Exception to the Downtown Design Standards, above. 4) Air quality, including the generation of dust, odors, or other environrnental pollutants. A Church/Parish Hall does not significantly generate more dust, odor or other environmental pollutants than commercial uses. 5) Generation of noise, light, and glare. See number 4, above. Also, any new exterior lighting will be directed away from adjacent properties. 6) The development of adjacent properties are envisioned in the Comprehensive Plan. The site is surrounded on three sides by public streets and an alley. An existing two story bank building is located on the fourth side. 7) Other factors found to be relevant by the Hearing Authority for review of the proposed use. A religious institution has been located on this site for over 80 years. NOV 0 ? 200 NOV 0 ? ~003 I ~' I I /! / /! --. I I L uopdppv II~H qs.u~d uo6a~O 'puelqsv ~,S puooes q~oN 1~ i! qo~nqo ledoos!d~/q!uu1 =.~ / / / I I Ii". \ / ' I NOV 0 ? 2003 II[IL. uo!~!ppy uo§eJO 'puelqsy ~.~,S puoo;~s q~oN td~ ~. ] ~loJnq~ ledoos!d=l/q!u!J~ ~; NoV 0 ? Notice is hereby given that a PUBUC HEARING on the following request With respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION HEARINGS BOARD on December 9, 2003 at 1:30 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this no~ce. Orego~ law states that failure to raise an objection coflcemdng this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an oppodunity (LUBA) on that issue. Failure to specify which ordinance criterk~ the objection Is based o~ constitutional or other issues relating to proposed conditions of approval wilh suf~ent specificity allow this Commisslo~ to respond to the issue precludes an action for damages in circuit court. A copy of the application, alt documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provic~-~:l at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. Dudng the Public Headng, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length .of testimony and require that comments be restricted to the applicable c,dteria. Unless them Is a continuance, if a participant so requests before the conclusion o~ the headng, the record shall remain open for at least seven days after the hearing. phone number is 1~800-735-2900. NOTE: This Planning Action will also be heard by the Ashland Historic Commission on December 3, 2003, 7:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. PLANNING ACTION 2003-149 is a request for Site Review to convert an existing accessory structure to a second residential unit at the rear of the property located at 238 Eighth Street. A Variance is requested to permit a second residence on a property of less than the required lot area, as well as a Variance to on- street parking credit standards. Comprehensive Plan Designation: Multi-Family Residential; Zoning: R- 2; Assessor's Map #: 39 1E 09 AB; Tax Lot: 401. APPLICANT: Janet Larmore & Tom Strong SITE REVIEW Criteria 'for Approval, The following criteria shall-be used to approve or deny a site plan: All applicable'City 'ordinances have been met and will be met by the proposed development. ° All requirements of the Site Review Chapter have been met. The site design complies with the guidelines .adopted by the City Council for implementation of this Chap.ter. That adequate capacity of City facilities for water, sewer, paved access to-and through the development, electricity, urban storm drainage-,, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) " ' ' .CRITERIA FOR VARIA'NCF The critera for the approval of a Varinace are found in 18.100.020 and are as follows: 1! That there are unique or unusual circumstances which apply to this site which do not apply elsewhere. 2) That the proposal's benefits will be grater than any negative impacts on the development' of the adjacent uses; and will further the purpose and intent of this ordinance and the COmprehensive Plan of the City. (Ord. 2425 S1 1987) , 3) That the circumstances or conditions have not been willfully or purpOsely self-imposed. (Ord. 2775, 1996) ACCESSORY RESIDENTIAL UNIT FOR: JANET LARMORE & TOM STRONG Prepared for: JANET LARMORE & TOM STRONG 248 Eighth Street Ashland, Oregon 97520 Prepared by: RICHARD VEZIE & ASSOCIATES 208 Oak Street, Suite 204 Ashland, Oregon 97520 November 6, 2003 RICHARD VEZIE & ASSOCIATES 208 Oak Street, Suite 204 Ashland, Oregon 97520 (541) 488-1453 FINDINGS OF FACT November 6, 2003 REQUESTS: · Approval of Application by Janet Larmore & Tom Strong for Site Review for an existing Accessory Residential Unit on property adjacent to their home and located at 238 Eighth Street, Ashland. Approval of a Variance to Chapter 18.24 R-2 Low Density Multiple-Family Residential District Section 18.24.040 A. 1. Base Densities b. to allow 2 units (both existing) on a lot less than 7000 sq. ft. Approval of a Variance to Chapter 18.92 Off-Street Parking to allow a reduction in ratio requirements for 1 on-street parking credit as found in Section 18.92.025 Credit for On- street Automobile Parking. The requested ratio is 1'1 instead of the usual 2 on-street spaces for 1 off-street parking credit. PROJECT: ACCESSORY RESIDENTIAL UNIT FOR: JANET LARMORE & TOM STRONG APPLICATION BACKGROUND: The Accessory Residential Unit Application for Janet Larmore & Tom Strong is an application for approval of an existing structure and an existing use. The structure for which the applicants seek approval was built in the late 1970's. A building permit for the structure was granted in June 1978. There is no record indicating any building inspections were made. Research indicates that the unit has been inhabited as a dwelling unit at least as far back as 1993. Two additional tenants prior to the 1993 date have been identified, but not contacted. It is probable that the unit has been inhabited as a dwelling unit since its construction. The applicants purchased the property in November 2002 by sealed bid. The.primary reason the applicants purchased the property was to help insure the existing character and livability of the neighborhood and to insure that inappropriate development would not take place on the property adjacent to their home. The property was in poor condition and there were concerns that someone might purchase the property and demolish the existing structures. After purchasing the subject property, the applicants spent seven months completely restoring the existing front 2 bedroom home and the existing Accessory Residential Unit to the rear of the lot. Additional site and landscape improvements have been made to the site also (see Additional Site Improvements below). The realtor for the applicants expressed confidence that the accessory unit was a legal dwelling. As the applicants have lived next door to the subject dwelling unit since July 1994 and because it has been consistently occupied as a dwelling unit, they were also confident that the unit was a legal dwelling unit. The separate 100 amp city electrical service and separate city water meter further substantiated this opinion. 2 Upon performing inspections for improvements on another structure on the property, it was discovered that the subject dwelling unit did not have a Certificate of Occupancy and was not an approved use under the current land use ordinance. This discovery prompted the applicants to seek approval for the requests indicated above. OWN ERS/AP P LICAN TS: Janet Larmore & Tom Strong 248 Eighth Street Ashland, Oregon 97520 (541) 482-1610 AGENT: Richard Vezie, RICHARD VEZIE & ASSOCIATES 208 Oak Street, Suite 204, Ashland, Oregon 97520 (541) 488-1453 SITE DATA PROJECT LOCATION: 238 Eighth Street Ashland, Oregon 97520 Assessor's Map Number: 39-1E-09AB Tax Lot Number: 401 ZONING: R-2 HISTORIC DESIGNATION: This project lies within the Ashland Railroad Addition Historic District and is evaluated as a Compatible/Non-Historic/Non-Contributing structure. LOT SIZE: 5762.96 sq. ft. (0.13 acres) LOT AREAS: Landscaping: 3914.96 sq. ft. (68%) (35% required) Coverage By Structures: 1269 sq. ft. (22%) Existing Primary Residence: 672 sq. ft. · Existing Studio: 240 sq. ff. Existing Accessory Residential Unit: 357 sq. ft, (subject structure) Coverage By Paving & Walks: 120 sq. ft. (2%) Total Coverage By Impervious Surfaces: 1389 sq. ft. (24%) (65% allowed) OFF STREET PARKING: Off-street parking requirements were calculated as follows: (1) Primary dwelling unit = 2 spaces (1) Accessory unit under 500 sq. ft. = 1 space Total required off-street parking = 3 spaces .... 11[11_, Total off-street parking spaces provided = 3 spaces (including 1 off-street credit if approval is granted for the 1:1 on- street credit requested by Variance) ADDITIONAL SITE IMPROVEMENTS: Applicants have completely re-landScaped the front yard of the subject lot. Bdck pavers have been installed to provide a new surface for the existing driveway in the area closest to the street. SITE REVIEW: SUMMARY: This request for Site Review seeks approval for an existing Accessory Residential Unit at the rear of the property. While the unit for which approval is being sought is an Accessory Residential Unit, it is ' essentially a single family dwelling and an outdght permitted use in the R-2 zone under SECTION 18.24.020. A. The unit incorporates at least three of the two required design features. These features include gables, eaves (min. 6" projection with 18" provided) and offsets in the building face or roof (min. 16" with 5' 8" provided). As stated in the Application Background above, the unit was built in the late 1970's and has been inhabited as a dwelling unit at least as far back as 1993. Any negative impacts on the neighborhood have been negligible. Positive impacts on the neighborhood are assured by the fact that the applicants will meet the affordable housing standards established by resolution of the City Council and guarantee the unit remain affordable through procedures contained in said resolution. The proposed project falls well within all area requirements for impervious surfaces, landscaped area and outdoor recreation space. A Variance is being sought to meet the off-street parking requirements (see Variance below). 'CRITERIA: The criteria for approval of a Site Review are found in 18.72.070 of the Ashland Land Use Ordinance as follows: 18.72.070 application: A. Bo property. Criteda for Approval. The following cdteria shall be used to approve or deny an All applicable City ordinances have been met or will be met by the proposed development. Ail requirements of the Site Review Chapter have been met or will be met. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject (Ord. 2655, 1991) 4 FINDINGS: 18.72.070 A. Ail applicable City ordinances have been met or will be met by the proposed development. The existing Accessory Residential Unit for which approval is being sought is an outright permitted use as a single family dwelling in the R-2 zone. The permitted base density for the R-2 zone is 13.5 units/acre. Actual density for the subject lot with 2 units is 15.15 units/acre. The applicants are seeking bonus density points under Affordable Housing, which allows a maximum increase of 25% to the base density of the zone. One percent of density increase is allowed for each percent of the development, which are affordable. As 50% of the units are affordable, the 25% maximum increase is achieved. The allowable density for the lot with the Affordable Housing density bonus applied is 16.875 units/acre. This existing development, with the Affordable Housing density bonus, conforms to the lot density requirements. Minimum lot size requirements for this use are found in Chapter 18.24 R-2 Low Density Multiple- Family Residential District Section 18.24.040 A. 1. Base Densities b. Variance is being sought to meet the minimum lot size requirements (see Variance: Base Densities below) Off-street parking requirements for this use are addressed in 18.92.020 A. 1. Calculations for Off-street parking requirements are addressed above and are part of this application. A Variance is being sought to meet the off-street parking requirements (see Variance: Off-street Parking below). 18.72.070 B. All requirements of the Site Review Chapter have been met or will be met. The necessary plans and information required by 18.72.060 Plans Required have been submitted, including Exterior Elevations for the existing Accessory Residential Unit, a Site Plan and a Landscape Plan representing existing conditions. 18.72.070 C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. The existing Accessory Residential Unit for which approval is being sought is located behind and detached from an existing single family dwelling. This project will comply with or exceed all requirements of the Site Design Standards. This compliance includes landscape standards and coverage (68% - 35% required) and allowable coverage by impervious surfaces (24% - 65% allowed). The Site Design Standards applicable to this application are addressed as follows: 18.72.110 Landscaping Standards. A. Area Required. The fo/lowing areas shall be required to be landscaped in the fo/lowing zones: R-2 35% of total developed lot area This existing lot with existing structures has extensive, well maintained landscaping in place. Existing landscaping has been recently enhanced at the front yard as indicated on the Landscape Plan. 68% of the lot is landscaped. B. Location. Landscaping shall be located so that it is visible from public fight-of- way or provide buffering from adjacent uses. Landscaping shall be distributed in those areas where it provides for visual and acoustical buffering, open space uses, shading and wind buffefing, and aesthetic qualities. The recently enhanced front yard landscaping provides a more aesthetically pleasing view from the public right-of-way providing an additional asset to the neighborhood. 5 18. 72.070 D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be Provided to and through the subject property. (Ord. 2655, 1991) Water for the existing Accessory Residential Unit for which approval is being sought is supplied by the existing service on Eighth Street. This service supplies domestic and irrigation requirements. The existing sewer is provided by connection to the existing system on Eighth Street. Paved access to and through the proposed development is existing as the property is served by Eighth Street and the. Electricity supplied by the existing utility pole connection and the existing meter base. Existing storm drainage is handled on Eight Street. Adequate transportation is provided by Eighth Street and the newly improved Eighth Street sidewalk. VARIANCE: Base Densities SUMMARY: This request for a Variance seeks approval for an existing use for an existing Accessory Residential Unit. As the unit for which approval is being sought is less than 500 sq. ft., the minimum lot area requirement is typically reduced from 7000 sq, ft. to 6500 sq. ft. The subject lot has an area of 5762.96 sq. ft. and falls short of the normal minimum requirement by only 737.04 sq. ft. The approval of this requested Variance should be granted because the existing Accessory Residential Unit for which approval is being sought has been in existence since the late 1970's and has been utilized as a single family residential unit at least as far back as 1993. During this period, no negative impacts from this unit have been realized by the surrounding neighborhood. This unit has however, provided a valuable asset to the neighborhood and community by providing an additional affordable housing unit. CRITERIA: The criteria for approval of a Variance are found in 18.100.020 of the Ashland Land Use Ordinance as follows: SECTION 18. 100.020 Application. The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following cimumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (0rd. 2425 S1, 1987). C. That the circumstances or conditions have not been willfully or purposely self- imposed.(Ord. 2775, 1996) 6 FINDINGS: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. The subject lot is located in a neighborhood more closely resembling an R-1 Single-Family Residential District than an R-2 Low Density Multiple-Family Residential District. If the subject lot was located in an R-1 zone, the unit for which approval is being sought would be allowed as a Conditional Use Accessory Residential Unit, subject to the approval criteria. Most lots are within zoning districts that more accurately reflect the character of the immediate neighborhood. This constitutes an unusual circumstance and does not typically apply elsewhere. Additionally, the unit for which approval is being sought is an existing residential unit and therefore involves circumstances, which apply to this site, which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (0rd. 2425 S1, 1987). The benefits of affordable housing units are outlined in the City of Ashland Affordable Housing Action Plan, which was adopted by the City Council. The existing Accessory Residential Unit provides a benefit to the neighborhood and community by providing an additional affordable housing unit. No negative impacts on the development of adjacent uses have been realized as a result of this Accessory Residential Unit. The applicants will insure that the positive benefits to the neighborhood and community will continue by meeting the affordable housing standards established by resolution of the City Council and by guaranteeing that the unit remains affordable through prOcedures contained in said resolution. C. That the circumstances or conditions have not been willfully or purposely self- imposed.(Ord. 2775, 1996) The Accessory Residential Unit for which Variance approval is being sought was in place prior to purchase of the prOperty by the applicants. Prior to purchase of the property, the applicants believed the existing Accessory Residential Unit was an approved and legal dwelling unit. The applicants have done nothing to willfully or purposely self-impose any of the existing parking conditions or circumstances for which a Variance is being sought. VARIANCE: Off-street Parking SUMMARY: This request for a Variance seeks apprOval for an existing parking condition for an existing Accessory Residential Unit. This request does not seek a reduction in the number of off-street parking spaces required. This request seeks a variance to the ratio by which on-street parking spaces are credited toward off-street parking spaces. The applicants are requesting a Variance to allow the application of one on-street parking space to credit one off-street parking space instead of the normal two on-street parking spaces to credit one off-street parking space. ApprOval of the requested Variance is warranted by the fact that the existing Accessory Residential Unit for which approval is being sought has been in existence since the late 1970's and has been utilized as a single family residential unit at least as far back as 1993. During this time, parking loads for the neighborhood have remained relatively constant and no adverse impact has been realized as a result of the existing unit for which approval is being sought. There are generally ample on-street parking spaces available within the immediate vicinity of the subject property. Lot width for the subject property is 50' parallel with the curb and is typical of the Railroad District. This condition would typically allow two on-street spaces of the required 24' length, which would allow one off-street parking credit for the majority of lots within the Railroad District. Normally this could be achieved because most lots within the Railroad District have alley access to the rear of the lot and therefore do not require direct driveway access to the street. This typically provides 50' of uninterrupted curb for on-street parking. The subject lot does not have alley access. Off-street parking and access for 'this lot are provided by means of an existing driveway, which is accessed directly from Eighth Street. The driveway consumes at least 12' of curb space and therefore produces a shortage of available curb space adjacent to the lot. This condition is not typically found elsewhere in the Railroad District and produces an inappropriate restriction for the subject lot. CRITERIA: The criteria for approval of a Variance are found in 18.100.020 of the Ashland Land Use Ordinance as follows: SECTION 18. 100.020 Application. The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (0rd. 2425 S1, 1987). C. That the circumstances or conditions have not been willfully or purposely self- imposed.(Ord. 2775, 1996) FINDINGS: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. The subject lot does not have alley access. Alley access is typical to most other lots in the Railroad District. Off-street parking and access for this lot are provided by means of an existing driveway, which is accessed from Eighth Street. The driveway consumes at least 12' of curb space and therefore produces a shortage of available curb space adjacent to the lot for on- street parking. This condition is not typically found elsewhere in the Railroad District and therefore constitutes a unique and unusual circumstance for this lot. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses;~ and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (0rd. 2425 S1, 1987). The existing Accessory Residential Unit provides a benefit to the neighborhood and community by providing an additional affordable housing unit. The benefits of affordable housing units are clearly outlined in the City of Ashland Affordable Housing Action Plan, which was adopted by the City Council as Resolution No. 2003-18. No negative impacts on the development of adjacent uses have been identified during the time the existing Accessory Residential Unit has been in place. Positive impacts on the neighborhood and community are assured by the fact that the applicants will meet the affordable housing standards established by resolution of the City Council and guarantee the unit remain affordable through procedures contained in said resolution. C. That the circumstances or conditions have not been willfully or purposely self- imposed.(Ord. 2775, 1996) The existing ^ccessory Residential Unit and existing parking conditions for which a Variance is being sought were in place prior to purchase of the property by the applicants. Prior to purchase of the property, the applicants believed the existing Accessory Residential Unit was an approved and legal dwelling unit. The applicants have done nothing to willfully or purposely self-impose any of the existing parking conditions or circumstances for which a Variance is being sought. JILIL NOTE: The following application refers to the "Hillside Ordinance" and "Hillside Development Standards". Unfortunately, information related to this ordinance has not been submitted and has been determined incomplete. However, the information necessary for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) is complete. Please do not consider any of the Hillside Development Findings at this time, as the permit for a Hillside House will come back to the Commission at a later date. Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION HEARINGS BOARD on December 9, 2003 at 1:30 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon Iow states that.failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that Issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and appiicable criteria are available for inspection at no cost and will be provided at reasonable cosL if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All roateriais are available at the Ashland Planning Department, City Hall, 20 East Main Street, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable cdteda. Unless there is a continuance, if a participant so requests before the comflusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments conceming this request, please feel free to contact Susan Yates at the Ashland Planning Department, City Hall, at 541-552-2041. Our TTY phone number is 1-800-735-2900. o ;ubject Pro STRAWBERRY LN N NOTE: This Planning Action will also be heard by the Ashland Historic Commission on December 3, 2003, 7:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. PLANNING ACTION 2003-150 is a request for a Conditional Use Permit to construct a new residence 25 percent in excess of the Maximum Permitted Floor Area (MFPA) established by City Ordinance on the property located at 22 Scenic Drive. Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-7.5; Assessor's Map #: 39 1E 08 AD; Tax Lot: 7401. APPLICANT: T. Michael Ryan .CONDITIONAL USE PERMITS' $8.104.050 Approval Criterir. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That .the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies th'at are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer,. paved, access to and through the'development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: Similarity in scale, bulk, and*coverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact- area. : Air quality, including the generation of dust, odors, or other environmental pollutants. Generation of noise, light, and glare. The development of adjacent Properties as envisioned in the ComPrehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed use. Findings of Fact For Conditional Use Permit Application for exceeding the MPFA in the Historic District Subject Property: 22 Scenic Drive AsSessor's Map 391E08AD Tax Lot 7401 Submitted to: City of Ashland Planning Department Submitted for: Michael Ryan Prepared by: Carlos Delgado Carlos Delgado Architect 545 A Street Ashland, Oregon 97520 11/07/03 Ryan - 22 Scenic Ddv? Conditional Use Permitt exceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 11/07/03 Planning Commission and Ashland Planning Department City of Ashland Re: Site Review, Conditional Use Findings of Fact Project: Ryan Residence (New Residence) 22 Scenic Drive Ashland, Oregon Zoning: R-1-7.5 Applicant: Michael Ryan This request is being submitted for a Conditional Use Permit (Section 18.24.040 K.) for exceeding the MPFA (Maximum Permitted Floor Area) for dwellings within the Historic District. Concurrently, this application demonstrates compliance to Development Standards for Hillside Lands pursuant to Section 18.62.080 The relevant Ordinance Sections and Design Standards for Conditional Use Permit are described in the following 'Findings of Fact'. Findings by the Applicant/Agent are inserted immediately following each section of the ordinance. Respectfully, Carlos Delgado Architect Ryan - 22 Scenic Ddv~~ , Conditional Use Permit f,. ~xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Following are the Chapters of the Ashland Land Use Ordinance and sections of the Design Standards deemed applicable, in whole or in part, to this Site Review & Conditional Use application: ORDINANCES 18.20 - Single-Family Residential District 18.20.040.E. to H. - Establishing Limits on Maximum House Sizes in the Historic District 18.61 - Tree Preservation and Protection 18.62 - Physical and Environmental Constraints 18.62.080 - Development Standards for Hillside Lands 18.68 - General Regulations 18.70 - Solar Access 18.72 -Site Design & Use Standards 18.92 - Off-Street Parking 18.104 - Conditional Use Permits Page 4 6 9 12 14 27 30 32 36 42 SITE DESIGN AND USE STANDARDS Section II -Approval Standards and Policies A. Ordinance Landscaping Requirements D. Parking lot Landscaping and Screening Standards E. Street Tree Standards Section III- Water Conserving Landscaping Guidelines and Policies 45 45 47 49 EXHIBITS: ' Site Plan Sheet AS1.0 · Elevations Sheets A2.1, A2.2 lllJl., Ryan - 22 Scenic Drive C- Conditional Use Permit f~, )Xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Chapter 18. 60- Single Family Residential District · 18.20. 010 Purpose The purpose of the R-1 district is to stabilize and proteCt the suburban characteristics of the district and to promote and encourage a suitable environment for family life 18.20. 020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single family dwelling, utilizing at least two of the following design features to provide visual relief along the front of the residence: 1. Dormers 2. Gables 3. Recessed entries 4. Couered porch entries 5. Cupolas 6. Pillars or posts 7. Bay window (min. 12"projection) 8. Eaves (min. 6"projection) 9. Off-sets in building face or roof(min. 16") {Ord. 2612 S2, 1991) Complies: The proposed use is for a single-family dwelling including the following features; stepped back second floor creating "dormer like" second floor, a recessed covered porch entry, multiple offsets responding to site condition, and 36" eaves. 18.20. 040 General regulations A. Minimum lot area: Basic minimum lot area in the R-1 zone shall be five thousand (5, 000) square feet, except six thousand (6, 000) square feet for comer lots. R-1 areas may be designed for seventy-five hundred (7,500}, or ten thousand (1 O, 000) square foot minimum lot sizes where slopes or other conditions make larger sizes necessary. Permitted lot sizes shall be indicated by a number following the R-1 notation which represents allowable minimum square footage in thousands of square feet, as follows: R-1-5 5, 000 square feet R- 1- 7. 5 7, 500 square feet R-1-10 1 O, 000 square feet Complies: The lot is zoned R-1-7.5 and is 8,569 s.f. in area B. Minimum lot width: Interior lots 50feet Comer lots 60feet All R-1-7.5 lots 65feet All R-1-10 lots 75feet 4 Ryan -22 Scenic Drive/' Conditional Use Permit f(~ ~tceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Complies: The lot is odd shaped (refer to site plan) with north/south lot width of 10.89' @ Scenic Drive to a north/south lot width of 73.39' at the east lot line averaging to a width of 42.14'and a peak width at a triangular section of 106.36' C. Lot Depth: All lots shall have a minimum depth of eighty (80)feet, and a maximum depth of one hundred fifty {150) feet unless lot configuration prevents further development of the back of the lot. Maximum lot depth requirements shall not apply to lots created by a minor land partition. No lot shall have a width greater than its depth, and no lot shall exceed one hundred fifty (150}feet in width. (Ord. 2052, 1979; Ord. 2425 83, 1988) Complies: The lot depth ranges from 171.00' to 41.50' in its odd configuration with an average depth of 106.00'. The lot width average of 76.00' is less than the lot depth. D. Standard Yard Requirements: Front yards shall be a minimum of, 15feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of eight feet or the width of any existing public utility easement, whichever is greater, from the front property line. Alt garages accessed from the front shall have a minimum setback of 20' from the front property line; side yards, six feet; the side yard of a comer lot abutting a public street shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In addition, the setbacks must comply with Chapter 18. 70 which provides for Solar Access. {Ord. 2097S5, 1980; Ord. 2121 Se, 1981, Ord. 2752, 1995} Complies: The proposed Front yard is triangular shaped and averages 50 feet in direct line to the garage entrance doom. The property frontage along Scenic Drive is askew more than 45 degrees from the garage entrance doom creating a conforming garage setback condition for 15 feet (front yard setback of 15 feet pertains to sides of garages). Site access restrictions due to slopes greater than 40% along the Scenic Drive restrict access to proposed driveway as submitted (Refer to site plan). The proposed side yards are a minimum of 6'-0" on the north and south side. The rear yard is 10'-0" to the main house structure on the ground level and 22'-0" to the second story level. See Solar Access setbacks in the findings that follow for solar setbacks. E. Maximum Building Height: No structure shall be over thirty-five (35)feet or two and one-half(2 1/2) stories in height, whichever is less. Structures within the Historic District shall not exceed a height of 3O feet. Complies: The structure is 24'-0" high at the highest roof ridge and 24'-0" at the highest second story hip roof eave These measurements are taken from the natural grade directly below the high points of the roof. The structure is 2-stories in height (see East Elevation on sheet ^2.2). F. Maximum Coverage: Maximum lot coverage shall be fifty (50%)percent in an R-1-5 District, forty-five (45%)percent in an R-1-7.5 District, and forty (40%)percent in an R-1- 10 District. Ryan -22 Scenic DriveI -- Conditional Use Permit fd kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 r~ Complies: The total impervious surface lot coverage proposed is 3,693 s.f. This amounts to 43% of the lot area of 8,569 s.f. This is less than the 45% requirement for the R-1-7.5 District. G. Maximum Permitted Floor Area for dwellings within the Historic District. The maximum permitted floor area for primary dwellings within the Historic District shall be determined by the following: 1. The maximum permitted floor area shall include the totaI floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building, including but not limited to exterior walls, potential living spaces within the structure with at least 7' of head room and attached garages. The floor area shall not include basements, detached garages, detached accessory structures, or detached accessory residential units. Detached garages, accessory structures, or accessory residential units shall be separated from other structures by a minimum of 6', except that unenclosed breezeways or similar open structures may connect the structures. 2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPFA), provided however, that regardless of lot size, the MPFA shall not exceed 3,249 sq. ft.: Lot area x Adj. Factor -- Adjusted lot area x 0.38 FAR = MPFA (from Table 1) TABLE I Adjustment Factor Table i A~j 0-2500 i I 20 25Ol- 3000 ,, 1. ] 6 'Adj. ! Adj. LotArea iFactor ILotArea Factor ILotArea 6501- i: 11001- 7000 0.88 11500 0.66 15501-16000 7001- ~i ] 15o 1- 7500 i0'85 ]12000 064 I16001-16500 7501- 12001- 8000 i 0.82 12500 0.62 16501-17000 8001- i 12501- i O. 79 O. 61 ] 1 7001-1 7500 8501- i 13001- iO. 77 O. 60 1 7501-18000 9000 i 13500 9OOl- 135Ol- i O. 75 0.59 118001-18500 9500 14000 9501- i 14001- 10000 0.73 14500 0.58 118501-19000 i[ :5o i 0 .57i 00 - 500 10501- i[ i ] 9500 and 11000 i~ 0.68 ]500]- i0.56 15500 , greater 3001- 3500 i1'12 35Ol-111o8 4000 i · 4001- 5oo i 45o]- 5000 ~l1'00 5oo]- :^] ~_ ........ .60°0'l .i ......... 6oo]-i ..... 6500 i0'91 Factor 0.55 0.54 0.53 0.52 0.51 0.50 0.49 0.48 0.47 Ryan - 22 Scenic Drive, '~ Conditional Use Permit fc~ ~ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 MPFA calculation: The total floor space of all floors (gross floor area) of the primary dwelling measured to the outside surfaces of the building is 2661 SF. The attached garage floor area is 473 SF. The total floor area including the attached garage: 3,134 SF Lot area of 8,569 SF with adjustment factor .77 per table 1:6,598 SF MPFA -- adjusted lot area of 6,598 SF x 0.38 FAR: 2,507 SF The 3,134 SF total floor area including the attached garage exceeds the 2,507 SF MPFA by 25% (MPFA + 25% = 3,134 SF) H. New single family strUctures and additions to existing single family strUctures within the Historic District shall not exceed the MPFA unless a Conditional Use Permit is obtained. In no case shall the permitted fIoor area exceed 25% of the MPFA. In addition to the f~ndings for a Conditional Use Permit, the standards noted in Section IV of' the Site Design and Use Standards shall be considered in the request. This application is requesting a conditional use permit for exceeding the MPFA by 25%. There are four primary factors contributing to this request. They are as follows: 1. Garage design; setback and site access limitations. The odd triangular lot shape, access to the site, and the required garage setback from Scenic Avenue force the following conditions: A) The garage to face Scenic Avenue; B) The garage to be attached to the residence. Under subsection G.1. the attached single story garage structure is required to be included in the overall floor area. The applicant and architect have considered other design options that would detach the garage (pending the process of a front yard setback variance), yet argue that the final result would be a compromise in the design and be counteractive with the intent of this ordinance. This application presents an attached garage design that effectively appears as a detached garage in all elevations (refer to sheets A2.1 and ^2.2). With the garage structure remaining as a garage with no living space above, the massing on the site is inviting from Scenic Avenue and has been designed with attractive and appropriate garage doors that give a sense of entry to the site under the forced condition to place the garage in it proposed position (refer to West Elevation sheet A2.1). It is the intent of the maximum permitted floor area to have a maximum permitted square footage based on massing and scale. By virtue of the attached garage, the overall coverage on the site is less (less than a detached garage with an enclosed breezeway). Please refer to findings following this section that address Historic District Development under Section IV in the Site Design and Use Standards. Ryan - 22 Scenic Drive Conditional Use Permit fd~ meeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 2. Overall massing and height. The lot drops off from Scenic Drive to the buildable area an average of 15%. The garage roof ridge is approximately 8" above the street elevation of Scenic Drive. The second story roof ridge is approximately 3 feet above the street elevation of Scenic Drive. With the development primarily below the elevation of the street, the massing and height with respect to the street frontage is effectively dependent on the visibility of the roof of the development. The roof design variegates the massing by creating a series of 5 inter-relating roof planes (refer to South Elevation sheet A2.2) with a primary hip roof at the center of the residence. With respect to the downhill side of the site (refer to East Elevation sheet A 2.2 and North Elevation sheet A2.1), there is variation of scale and massing with the second floor recessed back into the first floor (there is only one 6 -1/2 foot section of two story wall at the exterior envelope). Also refer to site plan and observe the second floor roof to demonstrate second story setback on all downhill slopes. 3. Conformance to Section IV (Historic District Development Standards) in Site Design and Use Standards. The general design considerations of the project carefully consider the following standards under this chapter: A) Height - the residence is appropriately stepped back from the first floor roof eave at 16 % feet to grade on the downhill slope side to a maximum height of 24 feet to grade at the second floor roof ridge. B) Scale -the size and proportion of the proposed residence (residential conditioned floor area is 2,661 on a .20 acre lot) is within the scale of other existing residences in the neighborhood: Tax Lot # Lot Area Area of Residence 7500 (.23 acre) 2,234 6102 (.21 acre) 2,704 6700 (.22 acre) 3,051 100 (.21 acre) 2,562 2401 (.22 acre) 3,209 SF residence SF residence with garage attached below SF residence with 685 SF accessory unit SF residence SF residence with detached garage C) Massing - The massing (as stated previously) is broken up with variations in the wall step backs, heights and roof planes The step back of walls and roof are complimentary to the style and historic period of the neighborhood. D) Setback - The combination of the setback and drop in slope from Scenic Drive create a street setback that does not contribute nor detract from the existing street scape. E) Roof Shapes - The "prairie" style roof (i.e. Iow slope, large overhangs, hipped) with its step backs complement the various roof styles of the surrounding neighborhood. F) Rhythm of Openings - alteration of wall area with windows and doors in all visible facades are compatible to the style of the proposed residence. Special consideration to the main elevation of the garage has incorporated "carriage" style doors with glazed upper panels to mitigate the required entry dooms to face the approach to the house from Scenic Drive. G) Platforms - The "base" of the residence is accentuated by a water table detail and wide trim board at the floor level. The base of the building on the downward Ryan - 22 Scenic Drive ~' '~onditional Use Permit fot .;Ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 slopes with be constructed with split face concrete block to break up the stemwalls from grade to the first story level, The maximum height in these areas is 5-1/2 feet. H) Directional Expression - The proposed residence on the odd lot shape adheres to the contours of the site and expresses view and openness toward the view. The design relates the vertical and horizontal facades "omnidirectionar' to the other adjacent sites and views. I) Sense of Entry - As stated previously,due to the site conditions, the entry is the fa(;ade of the garage. Due to the treatment of the garage doom, the entry to the residence is strong for vehicular traffic. The design makes effort in site grading and path treatment to lead people to the north side of the garage where a roofed entrance patio leads to the entry door. J) Imitations - The design neither replicates or imitates any particular historical style (with exception of the roof). The design is successful in dealing with the stringent site constraints (site access, solar access to the property to the north, site setback standards, and hillside standards). As a result, the project successfully addresses the site well and is of a compatible design for situating itself on the site. The proposed detailing, quality of construction, variation of wood siding, variation of mass and scale speak to qualities of the historic nature of the neighborhood and ultimately enhance the overall character of the neighborhood 4. Appeal to development hardship in midst of due process in the adoption of Land Use Ordinance limiting maximum house size in the historic district. The applicant approached planning staff numerous times in August and September with Land Use questions related to the site with no knowledge of the effective date of the adoption of the house size limitations. The applicant was not made aware of the pending adoption of the new ordinance nor of its effective date during meetings with planning staff. It is the applicant and the architect's understanding that the Conditional Use Permit application process is in place to address this condition (being one of the first applications limited by the newly adopted ordinance). In addition, these findings stated previously demonstrate the alternative strategies (including the possibility of applying for a setback variance) to mitigate the area exceeding the current limits, yet the solutions demonstrated are counteractive to the intent of the ordinance. Chapter 18.61 - Tree Preservation and Protection 18.61.010 Purpose The City of Ashland recognizes the importance of trees to the character and beauty of Ashland as well as the role that trees have in advancing the public health, safety and welfare. The City has therefore determined that reasonable regulation of the removal of certain trees is necessary and that this regulation of trees is based upon the following general guidelines: A. The City recognizes that trees can provide soil stability, noise buffering, and wind 9 Ryan - 22 Scenic Ddve f~ Conditional Use Permit fo{ )ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 protection benefits. The City of Ashland greatly values trees for their ecological importance, temperature mitigation, enhanced wildlife habitat and aesthetics. B. The City recognizes the special significance of heritage and distinctive trees, and values the contribution, which such trees make to the beauty and quality of life of Ashland. C. The City recognizes that because of the known benefits of trees, development property should be protected from unregulated removal of trees prior to the approval or' development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. D. The City recognizes that residents in single family zones should have the freedom to determine the nature of their private landscaped surroundings. E. The City recognizes that city-owned property and properties located in multi-family residential zones often have special landscaping circumstances, and that these special circumstances have the potential to affect significantly larger numbers of persons if unregulated. Because of this, such properties require reasonable regulation. 18.61.030 Regulated Activities A. All tree removal and tree topping activities, unless exempted below, shall be carried out in accordance with the requirements of this chapter. Complies: One tree greater than 6" in diameter are to be removed and the removal will be carried out in accordance with the requirements of this chapter. B. No person who is required to install or maintain tree protection measures pursuant this chapter shall do any development activities includi'ng, but not limited to clearing, grading, excavation or demolition work on a property or site which requires a planning action without approved tree protection measures properly installed and maintained pursuant to this Chapter. Complies: Tree protection plan will be submitted with the building permit application. No work will begin until approved tree protection measures have been installed. Applicant requests that Tree protection plan be made a Condition of Approval. 18.61.035 Exempt Tree Removal Activities The fotlowing activities are exempt from the requirement for tree removal permits: A. Those activities associated with the establishment or alteration of any public park under the Ashland Parks and Recreation Commission. However, the Ashland Parks and Recreation Department shall provide an annual plan in January to the Tree Commission outlining proposed tree removal and topping activities, and reporting on tree removal and topping activities that were carried out in the previous year. Not Applicable. 10 Ryan - 22 Scenic Drive ~ Conditional Use Permit foi, ,~eeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 B. Removal of trees in single family residential zones on lots occupied only by a single family detached dwelling and associated accessory structures, except as otherwise regulated by the Physical and Environmental Constraints ordinance (18. 52. n Not Exempt: The Project proposes a single family dwelling. Project is additionally regulated by the Physical and Environmental Constraints ordinance. C. Removal of trees in multi-family residential zones on lots occupied only by a single family detached dwelling and associated accessory structures, except as otherwise regulated by the Physical and Environmental Constraints ordinance (18. 52). Not Applicable: Project is not in a multi-family residential zone. Project is subject to regulations contained in the Physical and Environmental Constraints ordinance (see findings that follow). D. Removal of trees less than 6" DBH in any zone, excluding those trees located within the public right of way or required as conditions of approval with landscape improvements for planning actions. Not Applicable: E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon University, and other public land; but excluding Heritage trees and street trees within the public right of way. Not Applicable: Property is not on any public school land. F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the purposes of wildfire fuel management, and in accord With the requirements of the Physical and Environmental Constraints Chapter- 18.62. Not Applicable: Property is not within the Wildfire Lands area of Ashland G. Removal of dead trees. Not Applicable: No dead trees are to be removed. H. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon Public Utilities Commission, by the City's Electric and Telecommunication Utility. However, the Utility shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting on tree trimming activities that were carried out in the previous year. Tree trimming shall be done, at a minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be done in conformance and to comply with OPUC regulations. Not Applicable: No tree trimming is proposed as part of this application. 11 Ryan - 22 Scenic Drive ~- Conditional Use Permit fo( ~ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Chapter 18.62- Physical and Environmental Constraints 18.62. O10 Purpose and Intent The purpose of this Chapter is to provide for safe, orderly and beneficial development of districts characterized by diversity of physiographic conditions and significant natural features; to limit alteration of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development in areas that are constrained by various natural features. Physiographic conditions and significant natural features can be considered to include, but are not limited to: slope of the land, natural drainage ways, wetlands, soil characteristics, potential landslide areas, natural and wildlife habitats, forested areas, significant trees, and significant natural vegetation. (Ord 2808, Added, 12/02/1997) 18.62.050 Land Classifications The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them: A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands are classified as Flood plain Corridor lands: 1. All land contained within the 100 year Flood plain as defined by the Federal Emergency Management Agency, in maps adopted by Chapter 15.10 of the Ashland Municipal Code. 2. All land within the area defined as Flood plain Corridor land in maps adopted by the Council as provided for in section 18. 62. 060. 3. All lands which have physical or historical evidence of flooding in the historical past. Not Applicable: Property is not within the designated Floodplain Corridor lands. 4. All areas within 20feet (horizontal distance) of any creek designated for Riparian Preservation in 18. 62. 050. B and depicted as such on maps adopted by the Council as provided for in section 18. 62. 060. Not Applicable: Area of development is not within any creek designated for Riparian Preservation. 5. Ali areas within ten feet (horizontal distance) of any drainage channel depicted on maps adopted by the Council but not designated as Riparian Preservation. Not Applicable: No drainage channels are within area of development. B. Riparian Preservation - The following Floodplain Corridor Lands are also designated for Riparian Preservation for the purposes of this section and as listed on the Physical and Environmental Constraints Overlay Maps: Tolman, Hamilton, Clay, Bear, Kitchen, Ashland, Nell and Wrights Creeks. 12 Ryan - 22 Scenic Drivei ' Conditional Use Permit f~.. ](ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands f 11/07/03 [] Not Applicable: Area of development is not within any Flood plain Corridor Lands. C. Hillside Lands - Hillside Lands are lands which are subject to damage from erosion and slope failure, and include areas which are highly visible from other portions of the city. The following lands are classified as Hillside Lands: 1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a slope of 25 percent or greater. [] Applicable: The property contains slopes that are greater than 25 percent (see Site Plan, sheet AS1.0 with shaded areas greater than 25 percent). D. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands: 1. Alt areas defined as wildfire lands on the Physical Constraints Overlay map. Not Applicable: Property is not within the areas defined as wildfire lands. E. Severe Constraint Lands - Lands with severe development characteristics which generally limit normal development. The following lands are classified as Severe Constraint Lands: 1. All areas which are within the fioodway channels, as defined in Chapter 15.10. n Not Applicable: Area of development is not within a floodway channel. 2. All lands with a slope greater than 35 percent. [] Applicable: The property contains slopes that are greater than 35 percent (see Site Plan, sheet AS1.0 with shaded areas greater than 35 percent). F. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcet of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel. [] Applicable: Project is classified under the 'Hillside' classification. A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. 18.62. 070 Development Standards for Flood plain Corridor Lands [] Not Applicable. 13 IILJI.I Ryan -22 Scenic Drive/ Conditional Use Permit fL Jxceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 18.52.075 Development Standards for Riparian Preservation lands r~ Not Applicable. 18.62.080 Development Standards for Hillside Lands It is the purpose of the Development Standards for Hillside Lands to provide supplementary development regulations to underlying zones to ensure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental resources, the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or scarring. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the city. A. General Requirements. The following general requirements shall apply in Hillside Lands: 1. Ail development shall occur on lands defined as having buildable area. Slopes greater than 35% shall be considered unbuildable except as allowed below. Variances may be granted to this requirement only as provided in section 18. 62. 080.H. a. Existing parcels without adequate buildable area less than or equal to 35% shall be considered buildable for one unit. b. Existing parcels without adequate buildable area less than or equal to 35% cannot be subdivided or partitioned. Complies: Lot was created prior to adoption of this ordinance. The lot does have 'buildable' area less than 35%. The footprint of the structure does not encroach into the area that is greater than 35%. 2. Ali newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35% or less. Not Applicable: Lot is a pre-existing lot created prior to the adoption of this ordinance. 3. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35% slope with the following exceptions: a. The street is indicated on the City's Transportation Plan Map - Street Dedications. Not Applicable: Scenic Drive is an existing street. No new streets are being created. b. The portion of the street, flag drive, or driveway on land greater than 35% slope does not exceed a length of 100feet. 14 Ryan 22 Scenic Drivef'- Conditional Use Permit f~.. J(ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Complies: Proposed driveway, a small portion being on created on land greater than 35% slope (at driveway entrance, is 62'-0" long. 4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or partitions, the following additional information is required: [] Not Applicable: No subdivision or partition is proposed B. Hillside Grading and Erosion Control. All development on lands classified as hillside shall provide plans conforming with the following items: 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to Chapter 70 of the Uniform Building Code. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Complies: All grading, retaining wall design, drainage, and erosion control plans are conceptual as of this application and will be designed Mark Amrhein of Amrhein Associates. 2. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May I to October 31. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant, to accomplish the necessary project goals. [] Not Applicable: Property is a single family home on an individual lot. 3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25% of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example, on a 25,000 sq. fl. lot with an average slope of 29%, 25%+29%=54% of the total lot area shall be retained in a natural state. The retention in a natural state of areas greater than the minimum percentage required here is encouraged. [] Not Applicable: Property area is less than one-half acre (.20 Ac) and does not involve a partition or subdivision. 15 Ryan - 22 Scenic Drive[ Conditional Use Permit f~. ~kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 1 ILII.J 4. Grading - cuts. On all cut slopes on areas classified as Hillside lands, the following standards shall apply: a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. Complies: Cut slope angles to be retained by structural walls are to be 1/2:1 (H:V) maximum or as determined by the geotechnical engineer at the time of excavation. Stacked rock walls ("rockeries") will be used to retain exposed steep cuts and will be cut to 1:6 (H:V). Cut slopes laid back are not to exceed 2:1 (H:V). b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15feet. (See Graphic) Complies: Driveway cut slope is to be retained by a structural retaining wall and will not exceed a height of seven feet on the downhill side. Cut slopes in yard areas are to have stacked rock walls not exceeding a height of five feet and will be terraced at the light well on the south side of the building if required. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Cut slopes for structure foundations encouraging the reduction of effective visual bulk, such as split pad or stepped footings shall be exempted from the height limitations of this section. (See Graphic) Complies: Stacked rock walls are to be located a minimum setback of one-half the height of the cut slope. c. Reuegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native or species similar in resource value which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush-type plantings and cascading vine-type plantings may be appropriate. Complies: Applicant requests a deferred submittal of landscaping plan as a condition of approval. 5. Grading -fills. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply: 16 Ryan - 22 Scenic Drive/ Conditional Use Permit f6 kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 a. Fill slopes shall not exceed a total vertical height of 2O feet. The toe of the filI slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line.(Ord 2834 S6, 1998) Complies: Proposed fill slopes will not exceed 5 feet and will be greater than 6 feet from the property line. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. n Complies: Proposed fill slopes will be protected by erosion control netting. c. Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. n Complies: Utilities will be located in retained fill slopes on the uphill side of the structure. Amrhein Associates will design this utility placement. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Complies: Fill slopes will utilize vegetation to meet this requirement. 6. Revegetation requirements. Where required by this chapter, all required revegetation of cut and filt slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Complies: Fill slopes will utilize vegetation to meet this requirement. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way~ The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Complies: Owner agrees to maintain these features in perpetuity. 17 1'11111 Ryan - 22 Scenic Drive/ Conditional Use Permit fi ?Xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 b. Security. Eoccept for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall provide a performance bond or other financial guarantees in the amount of 120% of the value of the erosion control measures necessary to stabilize the site. Any financial guarantee instrument proposed other than a performance bond shall be approved by the City Attorney. The financiat guarantee instrument shall be in effect for a period of at least one year, and shall be released when the Planning Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period up to five years beyond the one year maintenance period if it has been determined by the City that the site has not been sufficiently stabilized against erosion. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors: a. No terracing shall be allowed except for the purposes of developing a level building pad and f or providing vehicular access to the pad. Complies: All terracing is proposed only for the purposes developing a level building pad and for driveway access. b. Avoid hazardous or unstable portions of the site.(Ord 2834, S2 1998) Complies: No area of site has been deemed unstable or hazardous. The proposed location of development attempts to avoid the area of slopes greater than 35%. Some encroachment in this area is proposed only with the driveway construction, and an administrative variance is requested for this pursuant to this section of the Ordinance. c. Avoid hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Complies: Building pad is approximately 2391 s.f. Design attempts to minimize the grading of the site (approximately 57% of the site is to be retained in a natural state). 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnicat expert shall provide a final, report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18. 62. 080.A. 4.j were conducted by the project geotechnical expert periodically throughout the project. Not Applicable: No subdivision is proposed. 18 Ryan - 22 Scenic Drive ~ 13onditional Use Permit f~[ ~(ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following standards: 1. All facilities for the collection of stormwater runoff shall be required to be constructed on the site and according to the following requirements: a. Stormwater facilities shall include storm drain systems associated with street construction, facilities for accommodating drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems. Complies: Drainage from driveway is to be captured in a 'trench' drain at the garage and at the bottom of the 15% and 10% slope driveway. All driveway, roof, area and perforated drains to be tight lined to P.U.E leading to Montview Street. b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. Complies: Main line to Montview Street will be installed at time of initial excavation. All storm water will be temporarily collected and placed into this line until final hook- up can occur. c. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. Complies: Surface water is diverted away from stacked rock walls and the building face at a slope of ¼"/foot at paved surfaces and %"/foot at landscaped areas. The patio on the south/uphill side will also slope to an area drain on the south end of the patio. d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from increased storm drainage.. Complies: The existing drainage to the down hill side of the building will remain. Any opportunity to develop swales that lead to a drain that will be taken. e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Each facility shall consider the needs for an emergency overflow system to safely carry any overflow water to an acceptable disposal point. Complies: Patio on uphill side has been designed to allow overflow water to go into relief drain prior to a flood condition reaching floor level f Stormwaterfacilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. 19 Ryan - 22 Scenic Drivel~ Conditional Use Permit f6 kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 I-i Complies: Storm water facilities will be designed and will be constructed and maintained with an emphasis on erosion control and to prevent storm water run-off onto adjacent properties. g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnical expert and approved bY the City's Public Works Department or City Building Official. Complies: Storm water facilities will be designed and will be constructed and maintained with an emphasis on erosion control and to prevent storm water run-off onto adjacent properties. D. Tree Conservation, Protection and Removal. Ail development on Hillside Lands shall conform to the following requirements: 1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared, which locates alt trees greater than six inches d.b.h~, identified by d.b.b~, species, approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall be identified. Groups of trees in close proximity (i.e. those within five feet of each other} may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall have an accuracy of plus or minus two feet. The name, signature, and address of the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Complies: Tree inventory is shown on architectural site plan sheet AS1.0. Portions of the lot or project area not proposed to be disturbed by development need not be included in the inventory. Complies: Whole site was surveyed. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. Factors included in this determination shall include: a. Tree health. Healthy trees can better withstand the rigors of development than non- vigorous trees. All surveyed trees (Pines and Cedars) on site are healthy though stressed from lack of water and care. b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. Not Applicable. 2O Ryan - 22 Scenic Drive,,r- Conditional Use Permit f~ Jkceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 c. Species. Species vary in their ability to tolerate impacts and damage to their environment. Pines and Cedars are very dependent on their consistent lifetime water supply, whether wet or dry. The water regime of this hillside was altered when Scenic Drive was installed. d. Potential longevity. [] All surveyed trees (Pines and Cedars) on site are healthy though stressed from lack of water and care. e. Variety. A variety of native tree species and ages. All surveyed trees are a combination of Pine and Cedars. f Size. Large trees provide a greaterprotectionfor erosion and shade than smaller trees. None of the trees on site provide adequate protection for erosion or shade. 3. Tree Conservation in Project Design. Significant trees (2' d. b. b~ or greater conifers and 1' d.b.b, or greater broadleaJ~ shall be protected and incorporated into the project design whenever possible. [] Applicable: Significant trees exist on this site (of special note: 30" dbh pine) All trees shall be protected and incorporated in the design. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. [] Complies: Severe site restrictions limit the location of the structure to an area that creates no hazard to existing trees. 4. Tree Protection. On all properties where trees are required to be preserved during the course of development, the developer shall follow the following tree protection standards: a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, the applicant shall install fencing at the drip line of all trees to be preserved adjacent to or in the area to be altered. Temporary fencing shall be 21 T'II~II Ryan - 22 Scenic Drive ~ Conditional Use Permit fc~ ~ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 established at the perimeter of the dripline. Prior to grading or issuance of any permits, the fences may be inspected and their location approved by the Staff Advisor. {see graphic) Complies: All trees to remain will be fenced at their drip line and no grading will take place within the drip line of the trees. b. ConstrUction site activities, including but not limited to parking, material starage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. Complies: All trees to remain will be fenced at their drip line and no activities will take place within the drip line of the trees. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or constrUction is approved within the dripline, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots. Complies: All trees to remain will be fenced at their drip line and none of these activities will take place within the drip line of the trees. d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Excessive site rUn-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. Complies: Soil hydrology was severely impacted at the time of construction of Logan Drive. There shall be no excessive site run-off directed towards the trees to be saved. e. Should encroachment into a tree protection area occur which causes irreparable damage, as determined by a landscape professional, to trees, the project plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this chapter. Complies: Trees damaged during construction will be replaced with a similar stature tree as determined by the City of Ashland Tree Commission. 5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions:(Ord 2834 S3, 1998) Complies: Severe site restrictions limit the location of the structure yet no damage nor removal of any tree is occurring. 22 Ryan - 22 Scenic Drive --~ Conditional Use Permit f~[ ~(ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 a. The tree is located within the building envelope. n Not applicable. No trees exist within proposed building envelope. b. The tree is located within a proposed street, driveway, or parking area. [] Not applicable. No trees to be removed for proposed driveway construction. c. The tree is located within a water, sewer, or other pubIic utility easement. [] Not Applicable: No trees are within any easements. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18.62.080. D. 2. [] Not Applicable: No trees have been determined to be dead or diseased on this site. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. [] Not Applicable: No trees are within any areas of cut or fill. 6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they were determined to be diseased, dead, or a hazard, shall be replaced in compliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting detaits.(Ord 2834 S4, 1998) [] Not applicable. b. Replacement trees shall be planted such that the trees wilt in time result in canopy equal to or greater than the tree canopy present prior to development of the property. The canopy shall be designed to mitigate of the impact of paved and developed areas, reduce surface erosion and increase slope stability.. Replacement tree locations shall consider impact on the wildfire prevention and control plan. The hearing authority shall have the discretion to adjust the proposed replacement tree canopy based upon site- specific evidence and testimony. [] Not applicable. c. Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after which a new five year replacement period shall begin. Replanting must occur within 30 23 Ryan - 22 Scenic Drive -~ Conditional Use Permit fd[ fceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 days of notification unless otherudse noted. (Ord 2834 S5, 1998) Complies: Owner agrees to these conditions. 7. Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without prior approval of the C~ty of Ashland. Complies: Owner agrees to these conditions. b. Should the developer or developer's agent remove or destroy any tree that has been designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as established by a professional arborist, whichever is greater. Complies: Owner agrees to these conditions. c. Should the developer or developer's agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50. OO per scar. If necessary, a professional arborist's report, prepared at the developer's expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. Complies: Owner agrees to these conditions. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards: 1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain building envelopes conforming to the following standards: a. The building envelope shall contain a buildabIe area with a slope of 35% or less. b. Building envelopes and tot design shall address the retention of a percentage of the lot in a natural state as required in 18.62.080. B. 3. c. Building envelopes shall be designed and located to maximize tree conservation as required in 18. 62.080. D. 3. while recognizing and following the standards for fuel reduction if'the development is located in Wildfire Lands d. It is recommended, that building envelope locations should be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline. Not Applicable: The property is a pre-existing lot. No new lot is being created. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the 24 Ryan - 22 Scenic Drive~~ - Conditional Use Permit fo~ iceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 designated Historic District, shall incorporate the following into the building design and indicate features on required building permits: a. Hillside Building Height. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum Hillside Building Height shall be 35feet. (graphics available on original ordinance) Complies: The structure is 24'-0" high at the highest roof ridge and 24'-0" at the highest second story hip roof eave These measurements are taken from the natural grade directly below the high points of the roof. The structure is 2-stories in height (see East Elevation on sheet A2.2). b. Cut buildings into hillsides to reduce effective visual bulk. Complies: Building has been cut into hillside to reduce the visual bulk (see Elevation Sheets) (1). Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. Complies: Stepped footings are incorporated in this design. There are 3 steps relatively evenly distributed throughout the proposal - 3.5 ft., I ft, and 1.5 ft. This layout closely follows the slope of the site. (2). Reduce building mass by utilizing below grade rooms cut into the natural slope. Complies: Building is developed close to steep slope (greater than 40% grade) which effectively appears to be set into the hillside from the street side. Maximum driveway slope of 15% limits the ability to set building into hillside lower than proposed. c. A building stepback shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Stepbacks shall be a minimum of six feet. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 2O feet above natural grade. (see graphic) Complies: Building has downhill walls measured to natural grade of 16'-6" on the north end (downhill side). The second story walls are stepped back on all downhill slopes. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36feet shall include a minimum offset of six feet. (graphic available on original ordinance) The downhill wall plane is broken up 26 feet to a 6 foot setback, 16 feet 4 inches with a 10 foot setback, 14 feet 8 inches with a 17 feet setback to 14 feet 6 inch face (refer to plans). The color and texture of the second floor siding below the window l'llll I I ILIL~ Ryan - 22 Scenic Drive ~ - Conditional Use Permit f([ kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 sills is to match the base of the building and be distinct from the upper body. This will further the sense of breaking up the wall plane. The uphill wall plane is continuous and broken by windows setbacks in the wall planes similar to downhill side. Also, the true uphill 'plane', as viewed from the sidewalk, is the roof as indicated previously. The roof 'plane' is broken up by variegation in the massing by creating a series of 5 inter-relating roof planes e. It is recommended that roof forms and roof lines for new structures be broken into a sedes of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. (graphic available on original ordinance) Complies: refer to findings in previous section d. fl It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12feet on downhill elevations should be avoided. Complies: The main deck has vertical supports less than 8'. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment n Complies: Colors will be selected to comply with these requirements and will be presented to Staff and the subdivision's design review committee for approval. F. All structures on Hillside Lands shall have foundations which have been designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Complies: Structural engineering for this project is to be performed by KAS and Associates in consultation with Carlos Delgado Architect and the recommendations of the geotechnical consultant, Amhrein Associates. G. All newly created lots or lots modified by a tot line adjustment must include a building envelope on all lots that contains a buildable area less than 35% slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Not Applicable: Lot is pre-existing and is not to be modified by a lot line adjustment. 26 Ryan - 22 Scenic Drive ,~- ' Conditional Use Permit fo{, ,~eeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Chapter 18. 68 - General Regulations 18. 68. 010 Fences Fences, walls, hedges and screen planting shall be subject to the following standards: A. In any required front yard, provided they do not exceed three and one-half(3 %) feet in height. [] Not Applicable: No fences, wall, hedges or screen planting are proposed in the front yard. B. In any rear or side yard, provided they do not exceed six and one-half(6 ~} feet in height. Complies: No fences, hedges or screen planting are proposed in the rear or side yards. C. The height offences or walls in rear or sideyard setback areas abutting a public street shall be forty-eight (48) inches or less if said fences or walls are within ten (10) feet of any public street except an alley. [] Not Applicable: No fences or walls are proposed in the rear or side yard abutting any public street. D. The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed. [] Not Applicable: No fences are proposed. E. Fences shall lean at an angle from the uertical plane no greater than five (5%)percent. In cases where this limitation is exceeded and a written complaint is received by the Planning Department, the property owner shall be notified, in writing, of the problem. The Planning Department shall take action only on the basis of a written complaint, or on its own action. [] Not Applicable: No fences are proposed. 18. 68. 020 Vision Clearance Area Vision clearance areas shall be provided with the follOwing distances establishing the size of the vision clearance area: A. In any R district, the minimum distance shall be twenty-five (25)feet or, at intersections including an alley, ten (1 O)feet. [] Not applicable: Proposed driveway exceeds distance to intersection. B. In all other districts except the C-1 and E-1 districts, the minimum distance shall be fifteen (15)feet or, at intersections, including an alley, ten (10)feet. When the angle of 27 Ryan - 22 Scenic Drive .~- Conditional Use Permit f(J. iceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 intersection between streets, other than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25)feet. Exempt: Property is in an R district. C. The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions exceeding two and one-half (2 ~) feet in height, measured from the top of the curb, except that street trees exceeding this height may be located in this area, provided all branches and foliage are removed to a height of eight (8) feet above the grade. Complies: No plantings, fences, walls, structures, or obstructions are planned within the vision clearance area. D. The vision clearance standards established by this section are not subject to the Variance section of this title. (Ord. 2505, S1, 1990) Complies: No variance is requested to the vision clearance standards. 18.68.030 Access Each lot shall abut a minimum width of forty (40)feet upon a public street (other than an alley). This requirement may be decreased to twenty-five (25)feet on a cut-de-sac vehicle turn-around area. Except with an approved flag partition, no lot shall abut upon a street for a width of less than twenty-five (25)feet. Complies: Lot has 170.147' frontage on Scenic Drive. 18.68.050 Special Setback Requirements To permit or afford better light, air and vision on more heavily traveled streets and on streets of substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter named streets, every yard abutting a street, or portion thereof, shall be measured from the special base line setbacks listed below instead of the lot line separating the lot from the street. Street Setback East Main Street, between City limits and Lithia Way 35feet Ashland Street (Highway 66) between City limits and Siskiyou Boulevard 65feet Also, front yards for properties abutting all arterial streets shall be no less than twenty (20)feet, with the exception of the C-1-D district. Not Applicable. 18.68.140 Accessory Buildings and Structures 28 ,Ryan - 22 Scenic Drive ? Conditional Use Permit f(~ !ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Accessory buildings and structures shall comply with ail requirements for the principal use except where specifically modified by this Title and shall comply with the following limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. u Not Applicable: No accessory structures are proposed for this property. B. A quest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the quest house. Not Applicable: No guesthouse is proposed for this property. C. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or sideyard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Any installation of mechanical equipment shall require a building permit. (Ord. 2289 S4, 1984) a Complies: No mechanical equipment is to be located between the main structure on the site and any street. D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or rear yard may be reduced to three (3)feet for an accessory structure erected more than fifty (50)feet from any street, other than alleys, provided the structure is detached and separated from other buildings and structures by ten (I O) feet or more, and is no more than fifteen (15)feet in height. (Ord. 2228, 1982; Ord. 2289 S3, 1984) Not Applicable: No accessory structures are proposed for this property. 18.68.160 Driveway Grades Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of the driveway. All driveways shall be designed in accord with the criteria of the Ashland Public Works Department and approved prior to issuance of a certificate of occupancy for new construction. If required by the C~ty, the developer or owner shall provide certification of driveway grade by a licensed land surveyor. All vision clearance standards associated with driveway entrances onto public streets shall not be subject to the Variance section of this title. {Ord. 2604 S2, 1990; Ord. 2663 S3, 1992) Complies: Driveway grade proposed is 15%. Chapter 18. 70 - Solar Access 18.70.010 Purpose and Intent The purpose of the Solar Access Chapter is to provide protection of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in T'IrTII' Ryan - 22 Scenic Drive ,~-. Conditional Use Permit fo{, )ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands the City to preserve the economic value of solar radiation failing on structures, 'investments in solar energy systems, and the options for future uses of solar energy. 18.70. 030 Lot ClasSi~cations Affected Properties. Ail lots shall meet the provisions of this Section and will be classified according to the following formulas and table: FORMULA I: Minimum N/S lot dimension for Formula I = 30' 0.445 + S Where: S is the decimal value of slope, as defined in this Chapter. FORMULA .II: Minimum N/ S lot dimension for Formula II = 1 O' 0.445 + S Lots whose north-south lot dimension exceeds that calculated by Formula I shall be required to meet the setback in Section (A), below. Not applicable: By observation, solar standard B applies to this property. Those lots whose north-south lot dimension is less than that calculated by Formula I, but greater than that calculated by Formula II, shall be required to meet the setback in Section (B), below. Not Applicable: Solar standard B applies to this property. Those lots whose north-south lot dimension is less than that calculated by Formula II shall be required to meet the setback in Section (C), below. Not Applicable: Solar standard B applies to this property. 18.70. 040 Solar Setbacks B. Setback Standard B. This setback is designed to insure that shadows are no greater than sixteen (15)feet at the north property line. Buildings for lots which are ctassi~ed as Standard B, or for any lot zoned C-1, E-1 or M- 1, or for any lot not abutting a residential zone to the north, shall be set back from the northern lot line as set forth in the following formula: SSB = H- 16' WHERE: SSB = the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back from the northern property line. H = the height in feet of the highest shade producingpoint of the structure which casts the longest shadow beyond the northern property line. S = the slope of the lot, as dejqned in this Chapter. Not Applicable: See item B. B. Setback Standard B .... Complies: By observation, solar standard B applies to this property 3O Ryan - 22 Scenic Drive ~-~ Conditional Use Permit fo(. ~ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 C. Setback Standard C .... n Not Applicable: See item B. D. Exempt Lots. Any lot with a slope of greater than thirty percent (30%) in a northerly direction, as defined by this Ordinance, shall be exempt from the effects of the Solar Setback Section. Not Applicable. Lot slope is not greater than 30% in a northerly direction. E. Lots Affected By Solar Envelopes. Alt structures on a tot affected by a solar envelope shall comply with the height requirements of the solar envelope. Complies. Building is shown to comply on sheet AS1.0, Site Solar fence lines indicated on plans. Solar elevations shown were created by projecting and calculating the solar angle based on the contour intervals intersecting with the north property line. F. Exempt Structures. 1. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the requirements of this Section, a structure on that lot may cast a shadow at noon on December 21, that is not higher or wider at the northern lot line than the shadow cast by the existing structure or topographical feature. This Section does not apply to shade caused by vegetation. Not Applicable. No existing structures exist. 2. Actual Shadow Height. If the applicant demonstrates that the actual shadow which would be cast by the proposed structure at noon on December 21, is no higher than that allowed for that lot by the provisions of this Section, the structure shall be approved. Refer to Table D for actual shadow lengths. Complies: Applicant has shown, on sheet AS1.0- Site Solar fence lines, the alternate "Solar Limits for 16' Shadow @ Property Line" indicated by the solar elevation lines. 18. 70.050 Solar Access Performance Standard Not Applicable. 18.70.060 Variances Not Applicable: No variances are requested for this property. 18.70.070 Solar Access Permit for Protection from Shading by Vegetation 31 Ryan - 22 Scenic Drive Conditional Use Permit fc~, )~ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 18. 70. 080 Hearing Procedure 18. 70. 090 Limits On Solar Access Permits 18.70.100 Entnj of Solar Access Permit Into Register a Not Applicable: No Solar Access Permit is being requested. 18. 70.110 Ejfect and F. nforcement 11/07/03 IILILJ Chapter 18. 72 - Site Design & Use Standards 8. 72.040 Approval Process The application for this project requires a Type I procedure due to the request for a Conditional Use Permit to allow exceeding the Maximum Permitted Floor Area (MFPA) in the Historic District 18. 72. 050 Detail Site Review Zone Not Applicable: The project is not within the Detail Site Review Zone. 18.72. 070 - Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. Complies: The proposed development meets or exceeds all the requirements of the R-1 district. See findings for Chapter 18.20 R-1 Single-Family Residential District of these findings. B. All requirements of the Site Review Chapter have been met or will be met. [] Complies: All applicable requirements of the Site Review Chapter have been or will be met. See 'Site Design and Use Standards' findings that follow. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. [] The development complies with the applicable Site Design Standards outlined in Chapter 18.72 Site, Design & Use Standards. See findings that follow. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation 32 Ryan - 22 Scenic Drive Conditional Use Permit f~, Xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) Complies: Adequate facilities will be provided as per the following: 1. Water: The water meter will be installed within the right-of-way on Scenic Drive. 2. Sanitary Sewer: Sanitary sewage will pass through a 4" line from the building downhill to the existing sanitary sewer stub out on the lower southeastern portion of the property. An existing 10' P.U.E. to Montview Street is located at this lower eastern portion (see sheet AS1.0 Site Plan). 3. Electricity: Tie in to be to existing underground tie-in from the Scenic Drive right of way. 4. Urban Storm Drainage: Storm drainage will be directed through tight line drain lines to the 10' P.U.E. to daylight to Montview Street. 18.72.090 Administrative Variance from Site Design and Use Standards An administrative variance to the requirements of this chapter may be granted with respect to the requirements of the S~te Design Standards adopted under section 18. 72. 080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of the proposed use of a site; B. Approval of the variance will not substantially negatively impact adjacent properties; C. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and D. The variance requested is the minimum variance which would alleviate the difficulty. Not Applicable: No administrative variance is requested.' 18.72.115 - Recycling Requirements All commercial and multi-family developments, requiring a site review as indicated in 18. 72. 040, shall provide an opportunity-to-recycle site for use of the project occupants. A. Commercial. Commercial developments having a solid waste receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the solid waste receptacle to accommodate materials collected by the local solid waste franchisee under its on-route collection program for purposes of recycling. Both the opportunity-to-recycle site and the common solid waste receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent properties or public rights-of-way. Not Applicable: Not a commercial development. B. Multi-Family Residential. All newly constructed multi-family units, either as part of an existing development or as a new development, shall provide an opportunity-to-recycle site in accord with the following standards: 33 Ryan - 22 Scenic Drive/ Conditional Use Permit fS. Xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 1. Multi-family developments NOT sharing a common solid waste receptacle shall provide an individual curbside recycling container for each dwelling unit in the development. 2. Multi-family developments sharing a common solid waste receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the common solid waste receptacle to accommodate materials collected by the local solid waste franchisee under its residential on-route collection program for purposes of recycling. Both the opportunity-to-recycle site and the common solid waste receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent properties or public rights- of-way. a Complies: Recycling containers will be made available to tenant and Owners and will be placed within the garage. 18. 72.120 Controlled access A. Prior to any partitioning of property located in an R-2, R-3, C-I, E-1 or M-1 zone, controlled access standards shall be applied and, if necessary, cross easements shall be required so that access to atl properties created by the partitioning can be made from one or more points. Not Applicable: No partitioning is proposed with this application. B. Access points shall be limited to the following: 1. Distance between driveways. On arterial streets - 100feet; on collector streets - 75feet; on residential streets - 50feet. 2. Distance from intersections. On arterial streets - 100feet; on collector streets - 50feet; on residential streets - 35feet. n Complies: Distance between existing driveways is greater than 50'. C. Vision clearance standards. 1. No obstructions greater than two and one half feet high, nor any landscaping which will grow greater than two and one half feet high, with the exception of trees whose canopy heights are at all times greater than eight feet, may be placed in a vision clearance area determined as follows: The vision clearance area at the intersection of two streets is the triangle formed by a line connecting points 25feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points ten feet along the alley and 25feet along the street. When the angle of intersection between the street and the alley is tess than 30 degrees, the distance shall be 25feet. No structure or portion thereof shall be erected within ten feet of the driveways. 34 Ryan - 22 Scenic Drive Conditional Use Permit f~ ~(ceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Not Applicable: No intersection of streets, or streets with alleys, occurs adjacent to this property. 2. State of Oregon Vision Clearance Standards. The following stopping site distances shall apply to all State Highways within the City with the prescribed speed limits. Vertical stopping sight distance to be based on distance from three and one half feet above pavement to a point six feet above the pavement. {0rd. 2544 $1, 1989) 30 mph2OO feet 35 mph225 feet 40 mph275 feet 45 mph325 feet 55 mph450 feet o Not Applicable: Logan Drive is a City of Ashland Street and is not a State Highway. 3. The vision clearance standards established by this section are not subject to the variance section of this title. (Ord. 2605 S2, 1990) D. Access Requirements for Multi-family Developments. 1. Ail multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. a Not Applicable: Project will not generate more than 250 vehicle trips per day. 2. Creating an obstructed street, as defined in 18.88. 020. G, is prohibited. (Ord. 2544 S2, 1989; Ord 2836 S7, 1999) Not Applicable: No streets are being created as part of this project. 18. 72.140 Light and Glare Performance Standards There shall be no direct illumination of any residential zone from a lighting standard in any other residential lot, C-1, E-1 or M-l, SO, or HC lot. Complies: Lighting will be shielded and located so as to limit the direct illumination on the adjacent residential properties. 18. 72.160 Landscaping Maintenance A. All landscaped areas must be maintained in a weed-free condition. B. All landscaped areas required by this Chapter must be maintained according to the approved landscaping plans. (Ord. 2228, 1982) 35 Ryan - 22 Scenic Drive ~-- Conditional Use Permit f~[ kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Complies: Owner agrees to maintain all landscaped areas according to these requirements. Chapter 18.92 - Off-Street Parking 18.92. 010 Generally In all districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Chapter. 18.92.020 Automobile Parking Spaces Required Uses and standards are as follows: A. Residential Uses. For residential uses the following automobile parking spaces are required. 1. Single family dwellings. Two spaces for the primary dwelling unit and the following for accessory residential units: a. Studio units or 1-bedroom units less than 500 sq. ft.-1 space/unit. b. 1-bedroom units 500 sq. ft. or larger-l.50 spaces/unit. c. 2-bedroom units--1.75 spaces/unit. d. 3-bedroom or greater units--2. O0 spaces/unit. 2. Multi-family dwellings. a. Studio units or 1-bedroom units less than 500 sq. ft.-1 space/unit. b. I-bedroom units 500 sq. ft. or larger--1.50 spaces/unit. c. 2-bedroom units--1.75 spaces/unit. d. 3-bedroom or greater units--2. O0 spaces/unit. e. Retirement complexes for seniors 55-years or greater-One space per unit. Complies: Two parking spaces are required for the primary dwelling and are provided for in the two-car garage. B. Commercial Uses. For commercial uses the following automobile parking spaces are required .... (portions deleted). Not Applicable: Property is not intended or zoned for any of the Commercial Uses indicated in this section. C. Industrial Uses. For industrial uses the following automobile .... (portions deleted). Not Applicable: Property is not intended or zoned for any of the Industrial Uses indicated in this section. D. Institutional and Public Uses. For institutional and public uses .... (portions deleted). Not Applicable: Property is not intended or zoned for Institutional or Public Uses. E. Unspecified Uses. Where automobile parking requirements for .... (portions deleted). 36 Ryan - 22 Scenic Ddve/ Conditional Use Permit f( kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Not Applicable: Use is specifically defined in this section. F. Maximum Allowable Number of Automobile Parking Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of spaces provided by this ordinance by more than 10%. Spaces provided on- street, or within the building footprint of structures, such as in rooftop parking, or under- structure parking, or in mutti-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. Complies: Parking provided is equal to the parking required. 18.92.025 Credit for On-street Automobile Parking A. The amount of off-street parking required shall be reduced by the following credit provided for on-street parking: one off-street parking space credit for every two on-street spaces up to four credits, thereafter one space credit for each on-street parking space. a Not applicable: All off street parking space requirements have been met. B. On-street parking shall follow the established confu2uration of existing on-street parking, except that 45 degree diagonal parking may be allowed with the approval of t he Public Works Director, taking into account traffic flows and street design, with the parking spaces designed in accord with the standards on file with the Public Works Department. The following shall constitute an on-street parking space: 1. Parallel parking, each 24 feet of uninterrupted curb. Not applicable: All off street parking space requirements have been met. 2. 45 degree diagonal, each 13feet of uninterrupted curb. Not Applicable: No 45-degree diagonal parking is proposed or exists. C. Curb space must be contiguous to the lot which contains the use which requires the parking. Complies: Parking shown is contiguous with the property frontage. D. Parking spaces may not be counted that are within 20feet measured along the curb of any comer or intersection of an alley or street, nor any other parking con~guration that violates any taw or standard of the City or State. Not Applicable: Parking shown is not adjacent to any alley or street. E. Parking spaces located on arterials and collectors may only receive credit if the arterial or collector is greater in width than the minimums established by the Street Standards in Chapter 18.88, Performance Standards Options. (Ord 2836 S14, 1999) 37 I ILII.~ Ryan - 22 Scenic Drive~~ Conditional Use Permit It Jxceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 n Not Applicable: Parking shown is located on a residential street. F. Parking spaces may not be counted that are within 200feet of a C-1-D or SO zone. Not Applicable: Parking shown is located on a residential street. G. On-street parking spaces credited for a specific use shall not be used eXclusively by that use, but shall be available for general public use at all times. No signage or actions limiting general public use of on~street spaces shall be permitted. n Complies. 18.92.030 Disabled Person Parking Places a Not Applicable: Project is not commercial and therefor is not required to provide Disabled Person Parking. 18.92.040 Bicycle Parking A. All uses, with the exception of detached single-family residences and uses in the C-I- D zone, shall provide a minimum of two sheltered bike parking spaces. Not Applicable: Project is a detached single-family residence. B. Every residential use of two units or more per structure, and not containing a garage, shall provide bicycle parking spaces as follows: Multi-Family Residential: One sheltered space per studio and 1-bedroom unit 1.5 sheltered spaces per 2-bedroom unit 2. 0 sheltered spaces per 3-bedroom unit [] Not Applicable: Project contains a garage for bicycle storage. 18.92.050 Compact Car Parking Not Applicable: No compact car parking is proposed. Ryan - 22 Scenic Drive ~-' Conditional Use Permit fA..kceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 18.92.070 Automobile Parking Design Requirements A. Size and Access. All required parking areas shall be designed in accordance with the parking layout chart at the end of this Chapter. Parking spaces shall be a minimum of 9 x 18 feet, except that 50% of the spaces may be compact spaces in accord with 18.92.050 and shall have a 22foot back-up space except where parking is angled. Complies: Proposed parking spaces are a minimum of 9 x 18 feet and have a back- up space of more than 24 feet. B. Driveways and Turn-Arounds. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: 1. A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway serving two units shall have a width of 12feet. Complies: Proposed driveway is 12'-0" wide at its narrowest dimension. 2. Parking areas of more than seven parking spaces per lot shall be provided with adequate aisles or turn-around areas so that ali vehicles may enter the street in a forward manner. Not Applicable. 3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety, and shall be clearly and permanently marked and defined. Parking areas of seven spaces or less shall be served by a driveway 12 feet in width. Not Applicable. 4. Shared Use of Driveways and Curb Cuts. a. Developments subject to a planning action or divisions of property, either by minor land partition or subdivision, shall minimize the number of driveway intersections with streets by the use of shared driveways with adjoining lots where feasible. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. Not Applicable. b. Plans forproperty being partitioned or subdivided or for multi-family developments shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and shall indicate all necessary access easements. Not Applicable: The property is not being partitioned, subdivided, or intended for multi-family development. c. Developments subject to a planning action shall remove all curb cuts and driveway 39 ' rllll I Ryan - 22 Scenic Drive~,~ Conditional Use Permit f~ Jxceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 approaches not shown to be necessary for existing improvements or the proposed development. Cuts and approaches shall be replaced with standard curb, gutter or sidewalk as appropriate. All replacement shall be done under permit of the Engineering Division. Not Applicable: No existing curb cuts or driveway approaches currently exist to the property. C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13'6"for their entire length and width. Complies: This 13'-6" vertical clearance will be maintained for these areas on the property. D. Vision Clearance. No signs, structures or vegetation in excess of two and one-half feet in height shall be placed in the vision clearance area. The vision clearance area is the triangle formed by a line connecting points 25feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points ten (10}feet along the alley and 25feet along the street. When the angle of intersection between the street and the alley is less than 30 degrees, the distance shall be 25feet. No signs, structures or vegetation or portion thereof shall be erected within ten (10}feet of driveways unless the same is less than two and one-half feet in height. The vision clearance standards established by this section are not subject to the Variance section of this title. n Complies: This 13'-6" vertical clearance will be maintained for these areas on the property. E. Development and Maintenance. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with concrete, asphaltic or comparable surfacing, constructed to standards on file in the office of the City Engineer. n Complies: Proposed driveway paving is to be asphalt paving. 2. Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of ~uch waters onto sidewalks, public rights-of-way, and abutting private property. Complies: One 'trench' drain will serve to collect the sheet flow of water from the driveway. No water will flow onto sidewalks, public rights-of-way or abutting properties. 3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. Complies: Approach to conform to City standards. 4O , Ryan - 22 Scenic Drivel-- Conditional Use Permit f~ Jxceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 4. Marking. Parking lots of more than seven spaces shall have alt spaces permanently and clearly marked. [] Not Applicable. 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. [] Not Applicable: No wheel stops are proposed. 6. Walls and Hedges. a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of 30-42 inches in height and a minimum of 12" in width shall be established parallel to and not nearer than two feet from the right-of-way line. Screen planting shall be of such size and number to provide the required screening within 12 months after installation. The area between the wall or hedge and street line shall be landscaped. Ail vegetation shall be adequately maintained by a permanent irrigation system, and said wall or hedge shall be maintained in good condition. The required wall or screening shall be designed to allow for free access to the site and sidewalk by pedestrians. [] Not Applicable: No parking abuts upon a street. Proposed parking is on street and within the garage. b. In all zones, except single-family zones, where parking facilities ... (portions deleted). Not Applicable: Zoned single-family. 7. Landscaping. In alt zones, all parkingfacilities shall include landscaping to cover not less than 7% of the area devoted to outdoor parking facilities, including the landscaping required in subdivision 6(a) above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs, ground cover or related material. A minimum of one tree per seven parking spaces is required. Complies: The existing parking area and backup space (on subject property) comprises approximately 1170 s.f. of surface area. This requires, at 7%, an area of landscaping totaling 82 s.f. This area is more than accommodated in the adjacent landscaped areas. 8. Lighting of parking areas within l OO feet of property in residential zones shall be directed into or on the site and away from property lines such that the light element shall not be directly visible from abutting residentiaI property. 41 Ryan - 22 Scenic Drive/- ' Conditional Use Permit ~ Jxceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands Complies: A shielded garage light will direct light downward. Two Iow wall lights will be inset into the retaining wall on the uphill side of the site facing the driveway and will be Iow voltage lighting. Chapter 18. 104 - Conditional Use Permits 18.104.010 Conditional Use Permits Generally Certain uses are permitted in each zoning district only as conditional uses. This chapter provides substantive approval criteria by which applications for conditional use permits are to be evaluated and describes applicable procedures. No conditionally permitted use may be established, enlarged or altered unless the city first issues a conditional use permit in accordance with the provisions of this chapter. This Conditional Use Permit application for allowing exceeding the Maximum Permitted Floor Area (MFPA) in the Historic District (Section 18.24.040 K.) 18.104.030 Procedure An application for a conditional use permit shall be submitted by the owner of the subject property or authorized agent on a form prescribed by the city and accompanied by the required filing fee. The application shall include a plan or drawing meeting the requirements of Section 18.104.040 and shall be processed as provided in Chapter 18.108 of this Title. 18.104. 040 Plan Requirements A. The plan or drawing accompanying the application shall include the following information: 1. Vicinity map. 2. North arrow. 3. Depiction and names of all streets abutting the subject property. 4. Depiction of the subject property, including the dimensions of ail lot lines. 5. Location and use of all buildings existing and proposed on the subject property and schematic architectural elevations of all proposed structures. 6. Location of alt parking areas, parking spaces, and ingress, egress and traffic circulation for the subject property. 7. Schematic landscaping plan showing area and type of landscaping proposed. 8. A topographic map of the site showing contour intervals of five feet or tess. 9. Approximate location of alt existing natural features in areas which are planned to be disturbed, including, but not limited to, ail existing trees of greater than six inch dbh, any natural drainage ways, ponds or wetlands, and any substantial outcroppings of rocks or boulders. Complies: See drawings provided with this submittal. B. An application for a conditional use permit may, but need not be, made concurrently 42 Ryan - 22 Scenic Drive¥~-. Conditional Use Permit IL ~xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 with any required application for site design approval under Chapter 18. 72. The provisions of paragraph (1) above are not intended to alter the detailed site plan requirements of Section 18. 72. 040 for site design approval. This request for a Conditional Use Permit application for allowing exceeding the Maximum Permitted Floor Area (MFPA) in the Historic District (Section 18.24.040 K.) is being submitted concurrently with a request for review of conformance to the Development Standards for Hillside Lands pursuant to Section 18.62.080. 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. Complies: The proposed use is in conformance with all standards within the R-1-7.5 zoning district. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. Complies: Adequate capacity of City facilities exist as declared in section 18.72.050 D. of the Site Design and Use section of these findings. C. That the conditional use wilt have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. n Complies: The floor area is compatible with the typical residences in this neighborhood. Refer to findings under Chapter 18.20.040.H. in these findings. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Complies: The existing street is approximately 20'-0" wide. This development of a single family residence is an intended use off of Scenic Drive and is close within Ashland Street standards defining a 'Residential Neighborhood Street, Parallel Parking One Side' as requiring 22' of pavement. Given the density and lot sizes of 43 Ryan - 22 Scenic Drive~~ ' Conditional Use Permit k... ~xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 adjacent properties, and the non-requirement for on street credits for this development, no further impact on street parking is incurred. 3. Architectural compatibility with the impact area. Complies: The residence has been designed in a style complementary to some of the surrounding homes. From the street side, the house has a 'cottage' look and is Iow and predominately horizontal. The house nestles as much as practical into the hillside. The applicant believes that the house conforms to the requirements of all ordinances that regulate the design of the home, in particular the 'Hillside' ordinance. The findings contained herein and under Chapter 18.20.040.H.describe the criteria and how this criteria is being met. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. Complies: Air quality will not be imPacted, except during construction, to any greater extent by the addition of this accessory unit, than by a single-family residence. 5. Generation of noise, light, and glare. Complies: Noise, light, and glare will not be increased to any greater extent by the addition of this accessory unit, than by a single-family residence. Entry lights for the accessory unit will be located under the veranda in the two foot fa(~ade setback and therefor will have minimal impact on the adjacent neighbors. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. Complies: Future development of adjacent properties will be of like nature in- response to site conditions and use. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 18.104.060 Conditions The conditions which the approval authority may impose include, but are not limited to the following: A. Regulation and limitation of uses. B. Special yards, spaces. C. Fences and walls. D. Dedications, including the present or future construction of streets and sidewalks and bonds for such construction or irrevocable consent improvement petitions for such improvements. E. Regulation of points of vehicular and pedestrian ingress and egress. F. Regulation of signs. G. Regulation of building materials, textures, colors and architectural features. H. Landscaping, including screening and buffering where necessary to increase compatibility with adjoining uses. 44 Ryan - 22 Scenic Drivq~ ; Conditional Use Permit t~.. exceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 I. Regulation of noise, vibration, dust, odors or similar nuisances. J. Regulation of hours of operation and the conduct of certain activities. K. The period of time within which the proposed use shall be developed. L. Duration of use. M. Preservation of natural vegetative growth and open space. N. Any condition permitted by Section 18.72, Site Design. 0. Such other conditions as will make possible the development of the city in a orderly and efficient manner and in accordance with the provisions of this ~tle. 18.104.070 Revocation; Abandonment Unless a longer period is specifically allowed by the approval authority, any conditional use permit approved under this section, including any declared phase, shall be deemed revoked if the proposed use or phase is not commenced within one year of the date of approval. A use or phase shall not be considered commenced until the permittee has actually obtained a building permit and commenced construction or has actually commenced the conditional use on the premises. If the permit requires site design approval under Chapter 18. 72, the permit shall be deemed revoked if the use or phase is not developed within one year of the date of site design approval. A conditional use is deemed void if discontinued or abandoned for a period of six consecutive months. (Ord. 2228, 1982; Ord. 2656, 1991; Ord. 2775. 1996) SITE DESIGN AND USE STANDARDS SECTION II-APPROVAL STANDARDS & POLICIES A. ORDINANCE LANDSCAPING REQUIREMENTS The following percentages of landscaping are required for all properties falling under the Site Design and Use Standards. R-l: 45% Complies: The total pervious natural and landscaped area equals 4,876 s.f. on-site, or 57% of lot area. This exceeds the 45% requirement for R-1 zones. B. MULTI-FAMILY RESIDENTIAL DEVELOPMENT APPROVAL STANDARDS: Multi-family residential development shall conform to the following design standards: Not Applicable: This development is not a multi-family residential development. D. PARKING LOT LANDSCAPING AND SCREENING STANDARDS II-D-l) Screening at Required Yards II-D-l-I) Parking abutting a required landscaped front or exterior yard shall incorporate a sight obscuring hedge screen into the required landscaped yard. 45 T'III111 Ryan - 22 Scenic Drive' ! Conditional Use Permit k ~.xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Complies: The retaining wall on the south side of the parking area is approximately 3 feet in height at the Garage. This wall, in conjunction with the plantings above, serve to obscure the parking/driveway in conformance with this requirement. II-D-I-2} The screen shall grow to at least 36 inches higher than the finished grade of the parking area, except for required vision clearance areas. Not Applicable: Retaining wall serves as screen. II-D-I-3) The screen height may be achieved by a combination of earth mounding and plant materials. Not Applicable. II-D-I-4) Elevated parking lots shall screen both the parking and the retaining wall. Not Applicable: Driveway is sunken, not elevated. II-D-2) Screening Abutting Property Lines Parking abutting a property line shall be screened by a 5' landscaped strip. Where a buffer between zones is required, the screening shall be incorporated into the required buffer strip, and will not be an additional requirement. Not Applicable: No parking abuts a property line. II-D-3) Landscape Standards II-D-3-1} Parking lot landscaping shall consist of a minimum of 7 % of the total parking area plus a ratio of I tree for each seven parking spaces to create a canopy effect. o Not Applicable: No parking lot is proposed. II-D-3-2) The tree species shall be an appropriate large canopied shade tree and shall be selected from the street tree list to avoid root damage to pavement and utilities, and damage from droppings to parked cars and pedestrians. Not Applicable: No parking lot is proposed. II-D-3-3) The tree shall be planted in a landscaped area such that the tree bole is at least 2feet from any curb or paved area. Not Applicable: No parking lot is proposed. II-D-3-4) The landscaped area shall be planted with shrubs and/or living ground cover to assure 50% coverage within I year and 90% within 5 years. Complies: The landScape has been designed to meet this requirement. 46 Ryan - 22 Scenic Driver ~ Conditional Use Permit~, . ~xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 II-D-3-5} Landscaped areas shall be evenly distributed throughout the parking area and parking perimeter at the required ratio. Complies: Landscape areas are on two sides of the proposed driveway. II-D-3-6) That portion of a required landscaped yard, buffer strip or screening strip abutting parking stalls may be counted toward required parking lot landscaping but only for those stalls abutting landscaping as long as the tree species, living plant material coverage and placement distribution criteria are also met. Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior parking stalls. Complies: Landscape areas are counted toward required parking lot landscaping. II-D-4-1) Parking areas adjacent to residential dwelling shall be set back at least 8feet from the building, and shall provide a continuous hedge screen. Complies: On-street parking is greater than twenty feet from the building. Two spaces are contained within the enclosed garage. H-D-5) Hedge Screening H-D-5-1) Evergreen shrubs shall be planted so that 50% of the desired screening is achieved within 2 years, 100% within 4 years. Complies: The landscape hedge screening is evergreen and has been designed to meet this requirement. II-D-5-2) Living groundcover in the screen strip shall be planted such that 100% coverage is achieved within 2 years. n Complies: The landscape living groundcover has been designed to meet this requirement. II-D-6) Other Screening II-D-6-1) Other screening and buffering shall be provided as follow: Refuse Container Screen, Service Corridor Screen, Light and Glare Screen: Not Applicable: Refuse containers will be located within the garage. E. STREET TREE STANDARDS APPROVAL STANDARD: All development fronting on public or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended list of street trees found in this section. II-E-l) Location for Street Trees 47 Ryan - 22 Scenic Driv~~[ Conditional Use Permit~. &xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide. Street trees shall include irrigation, root barriers, and generally conform to the standard established by the Department of Community Development. Complies: Two existing street trees are located behind the sidewalk in the right-of- way. Existing trees are to be irrigated. II-E-2} Spacing, Placement, and Pruning of Street Trees All tree spacing may be made subject to special site conditions which may for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review and approval. The placement, spacing, and pruning of street trees shall be as follows: Street trees shall be placed at the rate of one tree for every 30feet of street frontage. Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations, such as driveway approaches. Complies: Two existing street trees along the frontage are spaced 62' apart (170' feet of Scenic Drive street frontage (170/30=6). The applicant agrees to plant 4 additional trees accordingly to this ordinance chosen from the approved Street Tree list. bo Trees shall not be planted closer than 2$ feet from the curb line of intersections of streets or alleys, and not closer than l Ofeetfromprivate driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles. do Street trees shall not be planted closer than 20feet to light standards. Except for public safety, no new light standard location shall be positioned closer than lO feet to any existing street tree, and preferably such locations will be at least 20feet distant. Trees shall not be planted closer than 2 ~ feet from the face of the curb except at intersections where it shall be 5feet from the curb, in a curb return area. Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines. ~Prees shall not be planted within 2 feet of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees shall be at least 10 square feet, however, larger cuts are encouraged because they allow 48 Ryan - 22 Scenic Drivq~'- ~ Conditional Use Permit ~ · ~xceeding MPFA - Findings of Fact Compliance with Development Standards for Hillside Lands 11/07/03 additional air and water into the root system and add to the health of the tree. Space between the tree and such hard surface may be covered by permeable non-permanent hard surfaces such as grates, bricks on sand, or paver blocks. g. ~Prees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks and 12feet above street roadway surfaces. Complies: Applicant agrees to comply per landscaping plan. ho Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the Staff Advisor. Complies: Location of existing trees is such that no intense construction will occur around the trees. II-E~3) Replacement of Street Trees Existing street trees removed by development projects shall be replaced by the developer with those from the approved street tree list. The replacement trees shall be of size and species similar to the trees that are approved by the Staff Advisor. Complies: Owner agrees to replace any street trees removed or damaged during the course of construction in accordance with this section. II-E-4) Recommended Street Trees Street trees shall conform to the street tree list approved by the Ashland Tree Commission. Complies: The proposed street trees have been selected from the street tree list. SECTION III- WATER CONSERVING LANDSCAPING GUIDELINES POLICIES Complies: Owner agrees to select plants to drought tolerant. Also, the proposed irrigation for this project is to be designed to minimize inefficient use of water and will be reviewed. 49 l'l~ll Z 32~97' S IX)' 33' 54' E SIDE YARD -~ i~-~ ~, .~ CONDITIONAL USE PERMIT APPLICATION A R C H I T E C T " ASSESS0-~ ~ T--~--~-~NO. 7401 541.552.9502 541.55~.9S12 fax carlo~mind.net, PROPERTY UNE Z ~ ~ i~ CONDITIONAL USE PERMIT APPLICATION A R C H I T E C T · ' ".. A88E88~ T---~'"~--NO. 7401 541.552.9502 . 541carlosC]imtnd.552.9512 netfax rn I i i i i i i i I I I I I I I I I / ' e I I I I / / / / / / 8'-11 '17'-2' II I I 01' 21' E Z o NEW RESIDENCE CONDmONAL USE PERMIT APPLICATION 22 SCENIC DR. ASHLAND OR 97520 ASSESSOR'8 MAP NO. 391E 08 AD TAX LOT NO. 7401 NO0°I I / DESCRIFTION r- · Ox[- ! ARCHIT ~ ~.~ 545 A Street oAshland Oregon 97520 "no~). j~-o 541.552.9502 541.552.9512 fax ~arlosJ~imind.net Rev Board December 4th December 11~ December 18~ December 24~ Terry, Terry, Terry, Terry, December 25~ December 31 s, MERRY CHRISTMAS ! Terry, ~ ~7~ January I~ HA PPY NEW YEAR ! PRESERVATION PLANNING An Introduction to Historic Preservation Planning oss the country there are a renewed interest in our communities' historic resources. Abandoned, vacant, and underutilized historic buildings are being creatively put to new use. Neglected, but once spectac- ular, theaters are being restored as new performance spaces. Historic residential districts and neighborhoods are being reinvigorated. As these transformations take place, historic preservation is being seen as providing tangible benefits to communities large and small. Many of us have taken time to visit places noted for their historic character, whether larger cities like Savannah, Georgia; San Antonio, Texas; or New Orleans, Louisiana, or smaller communi- ties like Natchez, Mississippi; Virginia City, Nevada; Port Townsend, Washing- ton; and Quincy, Illinois. Virtually every one of us has undoubtedly spent time pleasantly walking through historic Main Street and residential districts. The appeal of these areas is universal. Reflect- Lng this, a growing number of communi- ties have been incorporating historic preservation into their comprehensive plans, downtown revitalization strate- gies, neighborhood improvement plans, and zoning ordi- nances. This article is intended to provide a brief introduction to historic preserva- tion planning. You will read about some of the benefits Elaborate iron gates of preservation, and are common in find information on Charleston, South how communities Carolina's, historic districts, are implementing local preservation policies. Resources are also listed for those of you who want to learn more about preser3ation planning. by Amy Facca Charleston, South Carolina, established the nation's first local historic district. Preservation no lOnger concerned itself just with individual structures, but also took into account the historic value of groups of buildings, districts, and even whole communities. View of President Thomas Jefferson's home, Monticello. PRESERVATION IN AMERICA The first interest in preserving his- toric structures can be found in the mid- 19th Century efforts to acquire and restore the homes of famous Americans like George Washington's Mount Vernon and Thomas Jefferson's Monticello. Beginning in 1927, the scope of historic preservation expanded dramatically with the start of John D. Rockefeller's restora- tion of Williamsburg, colonial Virginia's capital city. The next, and perhaps most important, step in the preservation movement was taken in 1931 when Vacant for many years, the Rice Building in down- town Troy, was redeveloped by a partnership of the Troy Savings Bank, Rensselaer Polytechnic Institute, and the Troy Architectural Program, Inc. The building is now fully occupied and used as a high-tech ~incubator. " The main waiting room in New York's Pennsylvania Station, demolished in 1965. But major losses also acted to ener- gize the preservation movement. As planning historian Larry Gerckens has noted, "The demolition of New York City's Pennsylvania Station in 1965, one of the nation's most magnificent railroad stations, shocked many New Yorkers, as well as citizens across the country. Out- raged by the fact that there was no legal recourse to stop the ~lemolition (the building was privately owned by the nearly bankrupt Pennsylvania Railroad), New Yorkers responded by enacting later that year a comprehensive landmarks preservation law." See "H is for Historic Preservation,' in PCJ #46, Spring 2002. continued on page 4 PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 "Preservation does not mean merely the setting aside of thousands of buildings as museum pieces. It means retaining the culturally valuable structures as useful objects: A home in which human beings live, a building in the service of some commercial or community purpose. Such preservation insures structural integrity, relates the preserved object to the life of the people around it, and not least, it makes preservation a source of positive financial gain rather than another expense." - Lady Bird Johnson, from Foreword to With Heritage So Rich (1966). Historic Preservation Planning continued from page 3 Historic preservation became federal policy with the adoption of the National Historic Preservation Act (NHPA) in 1966. This law was enacted following completion of With Heritage So Rich, a comprehensive report undertaken by the U.S. Conference of Mayor's Special Com- mittee on Historic Preservation in response to the substantial loss of his; toric and cultural resources brought about by urban renewal and construction of the interstate highway system.~ Among other things, the NHPA authorized creation of a National Regis- te~.istoric Places, directing the U.S. Secretary of Interior to maintain a list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture. Indeed, within twenty-five years of its passage there were over 8,000 historic districts listed in the National Register. 1 This was no ordinary Committee. It was chaired by Alabama's Albert Rains (who had been an influential member of Congress until retiring in 1965), and included then U.S. Senator Edmund Muskie; Vermont Governor Philip Hoff, and Gordon Gray, Chairman of the National Trust for Historic Preservation, among others. A number of distinguished historians and planners alsO) contributed to the Committee's report. The NHPA also authorized the estab- lishment of historic preservation offices in each state, and mandated the creation of standards and guidelines for various preservation activities, such as how to identify historic resources. The survey process and criteria for evaluating poten- tial historic resources are important com- ponents of preservation planning because they help to distinguish what is historic from what is merely old. ~ Identifying Historic Resources. In recent years, historic preservation has continued to expand its focus, with new interest in preserving and enhancing the distinctive character of communities, and even regions. BENEFITS OF HISTORIC PRESERVATION Since the 1970s, mounting evidence has shown that historic preservation can be a powerful community and economic development strategy. Evidence includes PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 statistics compiled from annual surveys conducted by the National Trust for His- toric Preservation and statewide Main Street programs, state-level tourism and economic impact studies, and studies that have analyzed the impact of specific actions such as historic designation, tax credits, and revolving loan funds. Among the findings: · Creation of local historic districts stabi- lizes, and often increases residential and commercial property values. · Increases in property values in historic districts are typically greater than increases in the community at large. · Historic building rehabilitation, which is more labor intensive and requires greater specialization and higher skills levels, creates more jobs and results in more local business than does new con- stnlction. ~ · Heritage tourism provides substantial economic benefits. Tourists drawn by a community's (or region's) historic char- acter typically stay longer and spend more during their visit than other tourists. · Historic rehabilitation encourages additional neighborhood investment and produces a high return for municipal dollars spent. · Use of a city or town's existing, historic building stock can support growth man- agement policies by increasing the sup- ply of centrally located housing. PLANNING FOR HISTORIC PRESERVATION Elected and appointed officials often face difficult and controversial decisions that affect the character of their commu- ni[ies. Many of these decisions relate to 2 This is not to say that protection from adverse feder- al or state actions is unimportant. For example, when projects involving federal funds (e.g., highway con- struction) affect structures or historic districts listed in the National Register, the federal government must consider these impacts and, at least, try to address them (e.g., by considering alternative approaches which might have less harmful impacts). This can be of great value in ensuring the protection of a commu- nity's historic resources. Listing in the National Register also provides access to public and private sector financial incen- tives. Many communities use the survey and listing process as a first step in downtown or neighborhood revitalization. Historic districts are also popular desti- nations for tourism activities, and can serve as cata- lysts for commercial development. older and historic buildings, ngighbor- hoods, and commercial districts. Exhm~ ples include: · Demolishing an old building or group of buildings to make way for new devel- opment such as a chain drugstore or "big box" retailer. · Constructing a new addition on an existing building. · Constructing a new building in an older neighborhood. · Replacing historic building elements such as windows, doors, porches, roofs, or original siding materials. When making these decisions, elect- ed and appointed officials look to their community's long-range plan, zoning ordinances, and related land use regula- tions. In many communities, these docu- ments provide little guidance in terms of historic preservation. While plans or ordinances may reference (often in an appendix) those buildings or neighbor- hoods listed in National and State Regis- ters of Historic Places, this information, in and of itself, is of minimal value to decision makers. Without more, simply being listed in the National or State Reg- isters only provides limited protection from federal or state actions that may adversely affect historic resources? Preservation planning is key to estab- lishing public policies and strategies that can help prevent the loss of historic resources. It provides a forum for discus- sion and education about issues related to historic resources and development. This includes important questions such as when and where it may be appropriate continued on page 6 PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 Historic,Preservation Planning continued from page 5 to demolish historic buildings, and what resources must be protected to maintain the community's historic and architectur- al character. Preservation planning usually results in the preparation of a formal planning document by professional planners, historians, or architects specializing in historic preservation. This can be a stand-alone planning document such as a historic preservation plan, or a compo- nent of a long-range planning document such as a master plan, downtown revital- ization plan, or neighborhood improve- ment strategy. Information about a community's historic resources and his- toric preservation efforts can also be incorporated into vari°us sections of "As more and more of the existing phys- ical fabric becomes eligible for preserva- tion, the issue of what should be pre- served and the struggle with the forces pressing for change become sharper." - Kevin Lynch, Good City Form (MIT Press, 1981). community planning documents, such as sections relating to housing, commu- nity character, downtown revitalization, and economic development. Preservation planning, like most planning processes, typically includes a long-range vision, goals and objectives, and recommended implementing actions (such as adoption of a local preservation ordinance). A well-conceived preserva- tion planning process serves to: · Establish a basis of public policy about historic resources; · Educate and inform residents and oth- ers about their community's heritage and its value; · Identify opportunities for economic growth based on the community's his- toric and architectural character. · Ensure consistency among various local government policies that affect the community's historic resources; · Lay the groundwork for adopting a local historic preservation ordinance or strengthening an existing one; · Eliminate uncertainty or confusion about the purpose, meaning, and content of a community's preservation ordinance; · Inform existing and potential property owners, investors, and developers about what historic resources the community wants to protect as it grows; · Create an agenda for future preserva- tion activities; and · Facilitate compliance with federal and state historic preservation and environ- mental quality laws. 1. Preservation Plans Preservation plans can build on infor- mation developed through historic resource surveys and lay the groundwork for the formal designation of individual properties or districts. As noted, for example, in the Carbondale, Illinois, His- toric Preservation Plan, preservation planning "gives focus and direction to a community's efforts to. protect and enhance its historic resources. [It] works toward making preservation decision- making a normal function or element of land use decisions rather than an excep- tional one, thus making historic preser- vation proactive rather than reactive." While there is no prescribed format or structure for a preservation plan, it typically includes a description of a com- munity's preservation efforts and sets out goals, policies, and specific actions relat- ed to the continuing identification, pro- tection, and enhancement of historic resources. It may also include an expla- nation of the legal basis for preservation, and supporting information such as National and State Register listings, architectural styles, preservation organi- zations, and other information. Preservation plans serve several pur- poses: · educating elected and appointed offi- cials, municipal staff, property owners, investors, and others about the status of historic resources within the community and the economic benefits of preserva- tion; · formally documenting existing condi- tions, issues, opportunities, and chal- lenges; · providing information on tax and other incentives for preservation; · offering discussion and analysis regard- ing preservation of historic resources, PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 and establishing a roadmap for future efforts; · setting out the roles and responsibili- ties of the public, private, and nonprofit sectors with regard to the preservation of historic resources. Preservation plans also play a critical role in providing the supporting ratio- nale and framework for developing a local historic preservation ordinance. 2. Preservation Ordinances One of the biggest misconceptions local officials may have is the belief that listing a structure on the National Regis- ter of Historic Places (or on a comparable State Register) protects the structure from demolition or significant change. In fact, it is precisely because listing only provides limited protection from federal and states actions, and does not prevent building demolition, that many commu- nities have enacted local preservation ordinances.3 A preservation ordinance typically includes a statement of purpose, a permit process requiring a certifiCate of appro- priateness or approval, and rules regard- ing building demolition, maintenance, and economic hardship (not unlike zon- ing variances). Preservation ordinances also generally establish a historic preser- vation commission (sometimes called a heritage commission or an architectural review board) to review applications. continued on page 8 3 Model historic preservation ordinances are general- ly available from statewide historic preservation offices and statewide not-for-profit preservation orga- niza tio"fls~ "We do not use bombs and powder kegs to destroy in'eplaceable structures related to the story of Ame~icag civilization. We use the corrosion of neglect or the thrust of bulldozers .... Connections between successive generations of Americans - concretely linking their ways of life - are broken by demolition .... Why then are we surprised when surveys tell us that many Americans, young and old, lack even a rudimentary knowledge of the national past?" -from Preface to With Heritage So Rich (U.S. Conference of Mayors, 1966). SAVANNAH, GEORG/A: ns preservation One of the most remarkable historic preservation stories is that of the Savannah College of Art & Design ("SCAD"), a pri- vate institution. SCAD has accommodated an amazing amount of growth - from 71 students at its opening in 1979 to 5,800 today- through the planned restoration and adaptive reuse of more than fifty his- toric structures. Between 1987 and 2000, SCAD invested some $51.4 million in the restoration of historic properties. The school has built only two new facilities. While the school's rapidgrowth has not been without some friction, SCAD has clearly been a major factor in the revitaliza- tion of downtown Savannah and several nearby neighborhoods. SCAD's economic impact on Savannah and Chatham County has been enormous. A 1997 report by the Bureau of Business Research & Economic Development at Georgia Southern University found that the college and its students pumped betWeen $70 and $90 million dollars annu- ally into the Countyg economy And that students or from the 20.000 prospective each year. As the report further noted, "Clearly, SCAD's investment in redevelop- ment complements and enhances Savan- nah's image as a destination for heritage tourism and historic preservation." Just as the city has benefited from the college, the COllege has benefited from Savannah. Students and faculty take advan- tage of the city's numerous historic squares as an alternative tothe traditional college green. While most Of the schoolg facilities are located within walking distance of each other, shuttle buses also regularly circulate. jngs provide state-of;the.art classrooms PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 Historic Preservation Planning continued from page 7 Often, the ordinance will provide that decisions of the preservation commis- sion can be appealed to the local govern- ing body Procedures for designating buildings and districts as historic are also usually set out in the ordinance. A number of communities require at least 50 percent of affected property owners to consent to the establishment of a historic district. It is also not uncommon for the planning commission to be responsible for review- ing a historic preservation commission's recommendation for a historic district designation. Typically, the local govern- ing body has the final say on these deter- minations. Preservation ordinances will often establish a historic "overlay" district in the local zoning code. As explained by attomey Elizabeth Garvin: "This overlay would apply to designated historic prop- erties or to specific areas (or streets) within the community The historic over- lay zone regulations might address issues such as building materials, colors, facade requirements, and other items identified by the community as important to main- tain the historic nature of the structure or area. This approach is sometimes referred to as a 'mandatory requirement' overlay, indicating that the restrictions identified in the overlay are mandatory prerequisites to development or redevel- opment. Each property within a historic preservation overlay zone - as with any overlay zone - would also be subject to the requirements of the underlying zon- ing district in which it is located." From, "Making Use of Overlay Zones," PCJ #43, Summer 2001. To be most effectivk, local 13reserva- tion laws should include design guide- lines or criteria about appropriate and inappropriate alterations to historic buildings. These spell out what property owners can or cannot do in terms of alterations to a designated historic struc- ture, and cover questions such as win- dow replacement, additions, new roofs, porch construction, application of syn- thetic siding materials, and related issues. So, for example, if property own~ ers wanted to add a porch to their house, they would need to review the historic preservation ordinance and design guidelines. This would enable them to develop a porch design consistent with the style of the house or the character of the historic district it is located in. Com- munities can also provide advice to prop- erty owners through staff assistance or by way of informational brochures. ,~ Responding to Questions, p. 15 It is important to stress that preserva- tion ordinances are not intended to "embalm" properties and prevent owners "Historic district zoning is frequently controversial, but it almost always has a beneficial effect on property values, commercial revitalization, business investment, and increased tourism." - Edward McMahon, "Preservation Boosts Local Economies,' p. 20 PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 from making any changes or improve- ments. Again, the goal is to ensure that proposed changes are in keeping with the style of the house or character of the district. And, it is worth repeating, local ordinances cannot require that privately owned properties be open to the public. While local preservation ordinances do restrict owner actions, we should keep in mind that local zoning regula- tions also restrict owner actions. Both also typically provide safety valves to deal with legitimate cases of economic hardship presented by property owners. Historic preservation ordinances share a common goal with zoning: to sta- bilize and enhance property values in the community. The question is one of bal- ancing community-wide interests with those of individual property owners. Certainly, this is a legitimate area for public discussion and debate, and the line will be drawn differently from com- munity to communiW. 3. Enhancing Historic Resources The preservation planning process can also help communities identify other actions that will improve their historic areas. These actions may be implement- ed by municipal staff, by the planning commission, by an existing housing, community, or economic development organization, or by an organization established specifically for that purpose, such as a local historic preservation orga- nization, Main Street~group, or a business improvement district. Improvement strategies typically include both public and private invest- ments. For example, public investments might include sidewalks, curbs, lighting, signage, information kiosks, and street furniture in historic districts. Many com- ' munities have grant or loan programs to stimulate private investment, often aimed at facade improvements or build- ing rehabilitation. Grant and loan fund- ing is also often available from various federal or state agencies, as well as from local institutions such as hospitals, uni- versifies, and banks. Because these programs generally emphasize the importance of good design and high quality materials, they often also include some form of design assistance to property owners. Indeed, one of the "selling points" of historic preservation to property owners (and developers) should be the fact that it can open the door to financial resources that would otherwise be unavailable. Among the most important incen- fives available for historic building reha- bilitation are federal tax credits.4 Jointly administered by the National Park Ser- vice and the Internal Revenue Service, this program provides a 20 percent tax continued on page 10 4 For details on federal tax credits, go to the National Park Service's web page: <www2.cr.nps.gov/tps/tax/~ PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 Historic Preservation Planning conti~ued ~fr~ra page 9 credit for the rehabilitation of income- producing buildings that are designated as National Historic Landmarks; listed in the National Register of Historic Places; or "contributing" buildings in a National Register-designated historic district. A smaller 10 percent tax credit is available for the rehabilitation of non-historic buildings built before 1936. To qualify for the tax credit, property owners must complete a three-part appli- cation, with all work formally certified by the National Park Service. Park Ser- vice staff determine whether the rehabili- tation work complies with the Secretary of the Interior's "Standards for Preserva- tion Plar~ning.' Similar state and local tax incentive programs are increasingly com- mon. ,~ Financial Incentives, p. 8. Additional information about tax incentives pro- grams which might be available in your area can be obtained from your state historic preservation office. ~ Resources. 4. Educating the Public The preservation planning process also plays a critical role in educating community residents, business owners, and elected officials about the economic value of the community's historic resources, and the benefits of historic preservation. Indeed, any preservation plan should be designed with this educa- tional purpose in mind. Information should also address common misunder- standings, such as the idea that buildings liste~in the National Register must be opene~to the public once a year, or that historic preservation is only beneficial to wealthy residents. Unless potential con- cerns are addressed, and the values of preservation clearly articulated, it will be difficult to generate support for actions like developing a local preservation ordi- nance. ,~ Responding to Questions, p. 15. 5. Sources of Assistance Many individuals and organizations can assist planning commissioners and others interested in learning more about their community's historic resources, preparation of historic preservation plans, incbrporation of historic preser- vation into other community planning efforts, and economic benefits of preserv- ing historic buildings and neighbor- hoods. At the local level, sources of assis- tance include local historians, historic preservation professionals, planners, and PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / "Don't it always seem to go That you don't know what you've got Till it's gone. They paved paradise And put up a parking lot." -from Joni Mitchell's song, "Big Yellow Taxi." FALL 2003 architects. Many communities have his- torical societies, local nonprofit preserva- tion organizations, or arts organizations whose mission includes historic preser- vation. Smaller communities can also often draw on the services of regional preservation organizations. Sources of assistance at the state level include the state historic preservation office (SHPO) and, in many states, a statewide nonprofit historic preservation organization. SHPOs are authorized under the National Historic Preservation Act to implement historic preservation programs at the state level. They also pre- pare statewide historic preservation plans. These plans provide valuable inforn~a~ about historic resources and statewide efforts to protect, enhance, and promote those resources. SHPOs can provide useful technical assistance to communities, and help with local preservation planning efforts, including public education. Statewide preservation organizations complement the work of the SHPOs and perform an important advocacy role. Most SHPOs, and some statewide preservation organizations, offer grant programs for preservation projects. One example is the Certified Local Government program, through which local governments that adopt a historic PLANNING COM preservation ordinance meeting federal standards are eligible for grants to assist with preservation planning and related project implementation. The SHPOs and statewide preservation organizations usually hold conferences, maintain web sites, publish newsletters, and offer a variety of training opportunities. Most have staff that travel to communities to provide assistance. At the national level, the two main MISSIONERS JOURNAL / NUMBER 52 / FALL 2003 II! sources of assistance are the National Trust for Historic Preservation (N'fHP) and the National Park Service. Both maintain extensive web sites with a wealth of infOrmation and numerous publications available to order or down- load. ~ Resources. SUMMING UP: Across the nation cities and towns of all sizes are recognizing the benefits preservation can bring. Historic build- ings, commercial districts, and neighbor- hoods help give communities their distinctive character. Their loss damages the fabric of a communi~. Their preserva- tion is more than just an aesthetic issue, it is a matter of sound economic policy. · Amy Facca is a consultant specializing in preservation planning and research. For the past ten years she was a principal planner with River Street Planning & Development in Troy, New York. Facca has worked on a broad range of historic preservation, waterfront, and downtown revital- ization projects. She holds a Master's degree in Architectural History and Historic Preservation from the University of ~r~nia. You can reach her at: afaccalCgOnycap.~com. Our thanks to the following individuals for reviewing drafts of this article: Susan Henry Renaud, Ilene Watson, Patricia Pitzer, Lee A. Krohn, Sharon Wason, Christine Mueller, King Leonard, Mark Hiester, Wendy Grey, Glynis Jor- dan, Barbara Sweet, and Amy Munro. PRESERVATION PLANNING Historic Preservation is Smart Growth by Donovan D. Rypkema The following is a slightly modified version of a talk given by Donovan Rypkema at the National Audubon Society of New York's 1999 Conference on Smart Growth. We are grateful to Mr. Rypkema for granting us permission to publish his remarks, since they provide an excellent summary of how historic preservation is integral to the prin- Growth." ~ect for many of you "his- preservation" is the local group' of retired librarians writing letters to the editor and struggling to raise funds to save the mansion of the local rich, dead white guy. Well thank god for those activism, those letters to the editor, those fund raising events, and even for those rich, dead, white guys, because the properties that have been saved are an important component of understanding ourselves as a people and constitute an irreplaceable collection of the art of architecture and landscape architecture that has been created in our country's relatively short history. But that part of historic preservation - saving old mansions - represents an insignificant percentage of preservation activities today. In fact, in the last two decades, historic preservation has moved activity whose goal was an end - save old buildings in order to. save old buildings - to a broad based, multifaceted group of activities that uses our built heritage not as an end in itself but as a means to broader and, frankly more important ends. Across the country, that has meant historic preservation as a means for downtown revitalization, neighborhood stabilization, attraction for tourism, job creation, film industry pro- duction, small town revitalization, affordable housing, luxury housing, edu- cation, transportation, and many other purposes. I want to suggest that historic preser- vation, in and of itself, is one of the most important tools in the entire Smart Growth movement. Allow me to provide you with twenty reasons why Historic Preservation is Smart Growth. Reason One: Public infrastructure. Almost without exception historic build- ings are where public infrastructure already exists. No new water lines, sewer lines, streets, curbs, or gutters required. That's Smart Growth. Reason Two: Municipalities need financial resources if they are going to grow smart. Vacant, unused, and under- used historic buildings brought back to life are also brought back as tax generat- ing assets for a community. That's Smart Growth. Reason Three: New activities - resi- dential, retail, office, manufacturing - in existing historic buildings inherently reinforces the viability of public trans- portation. That's Smart Growth. Reason Four: If we are to expect citi- zens to use their cars less, and use their feet more, then the physical environment within which they live, work, shop and play needs to have a pedestrian rather than a vehicular orientation. One of the most predominant characteristics of his- toric areas - residential or commercial - is their pedestrian orientation. That's Smart Growth. Reason Five: Another element in the drive to encourage human movement by means other than the automobile is the interconnection of uses. Based on the foolishness of post World War II plan- ning and development patterns, uses have been sharply separated. Historic neighborhoods were built from the beginning with a mix of uses in close proximity. Cities with the foresight to readjust their zoning ordinances to encourage integration of uses are seeing that interconnectivity reemerging in his- toric areas. That's Smart Growth. Reason Six: As a strong proponent of economic development I am certainly glad the phrase is Smart Growth as opposed to no growth. Smart Growth suggests that growth has positive bene- fits, and I would argue that is true. At the same time we cannot say we are having smart growth - regardless of how well it is physically planned - if at the same time we are abandoning existing assets. The encouraged reinvestment in historic areas in and of itself revitalizes and re- values the nearby existing investment of both the public and private sector. That's Smart Growth. Reason Seven: Across America people are indeed moving "back to the city." But almost nowhere is it back to the city in general. In nearly every instance it is back to the historic neighborhoods and historic buildings within the city We do need to pay attention to market pattems, and if it is back to historic neighbor- hoods to which people are moving, we need to keep those neighborhoods viable for that to happen. That's Smart Growth. Reason Eight: Smart Growth ought to imply not just physical growth but eco- nomic growth. And economic growth means new jobs. But who is creating the net new jobs in America? Not General Motors, or IBM, or Kodak. 85% of all net new jobs in America are created by small businesses. And for most small business- es there are few costs that are control- lable, but there is one - occupancy. PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 Older and historic buildings often pro- vide the affordable rent that allows small businesses to get started. That's Smart Growth. Reason Nine: Business districts are sustainably successful when there is a diversity of businesses. And that diverse business mix requires a diverse range of rental rates. Only in downtowns and older commercial neighborhoods is there such diversity. Try finding any rental rate diversity in the regional shopping center or the so called office park. You won't. Older business districts with their diverse rents are Smart Growth. Reason Ten: Smart Growth also ought to be about jobs. Let me distinguish new construction from rehabilitation in terms of creating jobs. As a general rule new construetion is 50 percent labor and 50 percent materials. Rehabilitation, on the other hand, is 60 to 70 percent labor. While we buy an HVAC system from Ohio, sheetrock from Texas and timber from Oregon, we buy the services of the carpenter and plumber, painter and elec- trician from across the street. They sub- sequently spend that paycheck for a haircut, membership in the local Y and a new car, resulting in a significantly greater local economic impact dollar for dollar than new construction. The reha- bilitation of older structures is Smart Growth. Reason Eleven: Solid waste landfill is increasingly expensive in both dollars and environmental quality. Twenty four percent of most landfill sites is made up of coition debris. And much of that waste comes from the razing of existing structures. Preserving instead of demol- ishing our inventory of historic buildings reduces that construction waste. Preserv- ing instead of demolishing our inventory of historic buildings is Smart Growth. Reason Twelve: Its critics have pointed out that the so called New Urbanism is neither new nor urban. I would argue that New Urbanism reflects good urban design principles. But those principles have already been at work for a century or more in our historic neighborhoods. The sensitive renewal of those neighbor- hoods is Sm~rt Growth. So are you starting to get the picture? Let me be briefer with the rest of the list. Reason Thirteen: Smart Growth ad- vocates a density of use. Historic res- idential and com- mercial neighbor- hoods are built to be dense. Reason Fourteen: Historic buildings themselves are not liabilities as often seen by public and private sector demo- lition advocates, but are assets not yet returned to pro- ductive use. Reason Fifteen: Strong preservation efforts are fundamental to Brattleboro, Vermont's (pop.8,300) vibrant downtown. Recent suc- cesses include the restored historic Latchis Hotel and Theatre. The rehabilitation of older and historic neighborhoods is putting jobs where the workers already are. Reason Sixteen: Around the country historic preservation is the one form of economic development that is simulta- neously community development. Reason Seventeen: Reinvigorating his- toric neighborhoods reinforces existing schools and allows them to recapture their important educational, social, and cultural role on a neighborhood level. Reason Eighteen: No new land is con- sumed when rehabilitating a historic building. Reason Nineteen: The diversity of housing sizes, qualities, styles, and char- acteristics of historic neighborhoods stands in sharp contrast to the monolith- ic character of current subdivisions. The diversity of housing options means a diversity of human beings who can live in historic neighborhoods. Reason Twenty: Historic preservation constitutes a demand side approach to Smart Growth. The conversion of a his- toric warehouse into 40 residential units reduces the demand for ten acres of farm land. The economic revitalization of Main Street reduces the demand for another strip center. The restoration of the empty 1920s skyscraper reduces the demand for another glass and chrome building at the office park. Historic Preservation is Smart Growth. In fact, I would suggest that a Smart Growth approach that does not include historic preservation high on the agenda is not only missing a valuable strategy, but, like the historic buildings themselves, an irreplaceable one. · Donovan D. Rypkema is the author of numer- ous articles and publications, including The Eco- nomics of Historic Preservation: A Community Leader's Guide (National Trust for Historic Preser- vation). Rypkema is Principal of Place Economics, a Washington, DC-based consultingfirm specializ- ing in the economic revitalization of downtowns and the redevelopment of historic properties. PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 PRESERVATION PLANNING Historic Preservation Ordinances: Frequently Asked Questions historic preservation ordi- the primary method by which towns, cities, and counties can protect historic structures and dis- tricts. Most ordinances establish a historic preservation commission and a process for consideration of proposals to alter or demolish historic properties or properties located within designated historic dis- tricts. According to a 1998 report prepared by the National Alliance of Preservation Commissions, the 'number of historic commissions (or comparable bodies) grew from 578 in 1978 to 2,368 in 19987 While authority to enact local preser- vation ordinances exists in all states, indi- vidual differences necessitate legal oversight. Planners and local officials should obtain legal advice in developing a preservation ordinance. What is a "Historic Preservation Commission"? A historic preservation commission or review board is a local body usually estab- lished under a historic preservation ordi- nance. Appointments are typically made by the Mayor or the local governing body. The commission's members often have expertise in related fields such as architec- tural history, history, architecture, archae- real estate, and so forth. Historic ation commissions are primarily responsible for: (1) identifying historic properties and districts for designation and, (2) reviewing and acting upon appli- cations to alter or demolish properties protected by the historic preservation ordinance. How are historic properties identified? Historic properties are generally iden- tified through a survey process, conducted by the historic preservation commission. 1 The United States Preservation Commission Identi- fication Project (1998). For information, contact the National Alliance of Preservation Commissions at: 706-542-4731; napcCwuga.edu by Julia H. Miller, Esq. In many cases, the National Register of Historic Places or a state register provides a useful starting point for identifying his- toric structures. But national and state register listings should not substitute for local survey work. While variations exist from jurisdic- tion to jurisdiction, applications for desig- nation are typically initiated by the property owner or the preservation com- mission, upon completion of an architec- tural survey. Designated properties should be listed in the local ordinance. What are "historic districts" and "landmarks"? Most jurisdictions designate historic districts and individual landmarks. His- toric districts are geographically defined areas often comprised of significant con- centrations of historic structures or sites that share common historic events, archi- tectural features, or physical develop- ment. Landmarks are typically individual properties or sites of historic value. Properties located in historic districts are generally labeled as either contribut- ing or non-contributing. Contributing properties typically have a character that is consistent with the architectural style of the district. Non-contributing properties are either: newer structures; older struc- tures that have been substantially altered and are no longer consistent with the overall character of the historic district; or vacant parcels. Proposed changes to con- tributing properties are likely to receive closer review under a local preservation ordinance than changes to non-contribut- ing properties. What criteria are used to designate historic properties? The criteria Cand process) for designa- tion are set out in the preservation ordi- nance. A preservation ordinance, for example, may seek to protect districts, sites, buildings, structures, and objects that are associated with historic events, "that embody the distinctive characteris- tics of a type, period, or method of con- struction," or "that represent the work of a master." Who designates historic landmarks and districts? Once a preservation commission has determined that a specific property or dis- trict meets the criteria for designation, it may recommend or nominate that proper- ty or district for designation. Individual properties or districts are most often des- ignated as historic resources by the local governing body, after holding a public hearing. In the case of districts, some ordi- nances require that a petition supporting the designation be signed by a certain per- centage of affected property owners. Many preservation ordinances provide interim protection for historic resources while applications for designation are pending. This prevents a property owner from demolishing the structure before the preservation commission or local govern- ing body has had time to act on the appli- cation. How are historic districts and landmarks protected under a preservation ordinance? Most often, owners of property subject to a preservation ordinance must submit an application to the preservation corn- PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 IIII111~ mission for permission to alter, move, or construct additions or new buildings. These applications are evaluated based upon standards for review set forth in the ordinance. The commission will issue a formal decision, making specific findings of fact and conclusions of law. Permission is typically granted in the form of what may be called a historic area permit or cer- tificate of appropriateness. Despite the wide range of actions which are subject t° historic commission review, the vast majority of applications for certificates of appropriateness are ulti- mately approved. How do local governments protect historic properties from being demolished? Most localities having preservation ~rd~nances allow for the demolition of historic properties only in cases where: (1) retention of thc structure will cause an extreme burden on thc property owner and thc structure cannot be rehabilitated or sold, or (2) the property poses a safety threat duc to damage from a fire or some other type of natural disaster. This is the best way to ensure that historic resources are protected. Some communities, however, permit property owners to demolish historic properties after a specific waiting period, during which time the local government, along with private preservation groups, can explore alternative actions to save the building. Some localities also condition the issuance of a demolition permit upon a showing that a new building will be con- struc~ on the site and that this building will be c"empatible with other historic properties in the area. What standards of review are used to guide commi~sious in acting upon property owners' requests? Many preservation commissions uti- lize the U.S. Secretary of the Interior's Standards for Rehabilitation to guide the review of permit applications. Because of the national applicability of these stan- dards, they are somewhat general in nature. For example, the Secretary's stan- dards provide that "deteriorated archi- tectural features shall be repaired, wherever possible," and "in the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities." Localities considering adoption of the Secretary's standards should be careful to ensure that the standards correspond to local needs and, if necessary, make addi- tions or modifications. In addition to legal standards of review, which must be set forth in the preservation ordinance, many communi- ties also adopt advisory design guidelines. These are used not only to guide the com- mission, but also to assist property owners in understanding what types of actions may or may not be appropriate. A number of communities have also established informal processes to encourage property owr~e~r..s to consult with the preservation commission or its staff before embarking on a major project. Do historic preservation ordinances impose maintenance requirements on property owners? Routine maintenance work (such as replacing tiles on a slate roof) is generally excluded from commission review. How- ever, many ordinances require that 'desig- nated property be kept structurally sound, and empower the local government to make repairs and seek reimbursement in instances where a property is essentially being "demolished by neglect." How should a community address special situations such as undue hardship? Many ordinances provide for the con- sideration of "economic hardship" claims. Economic hardship provisions typically authorize a "variance" in situations where property owners demonstrate they would otherwise be denied "all reasonable or beneficial use of their property.' Such pro- visions provide assurance that relief is available if the impact of a particular action proves to be exceptionally harsh. ~ Julia A. Miller, Esq., is Editor of the Preserva- tion Law Report~ published by the National Trust for Historic Preservation. Assistance in establish- ing or amending historic preservation ordinances is often available from state historic preservation offices, state-wide historic preservation organiza- tions, and local preservation organizations. See the Resources sidebar on page 11 of this issue. PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 Ill PRESERVATION PLANNING Preservation Takes Center Stage of the most dramatic ts historic preservation can have is through the restoration of the grand movie palaces and opera houses that still stand in the heart of many communities. First, and most obviously, theaters bring people (and dollars) to downtown. Second, and perhaps not as often men- tioned, historic theaters do a tremendous The Tabor Grand Opera House was perhaps Denver's most magnificent theater. by Wayne Senville, Editor job in educating the public about the ben- efits of preservation. There's nothing like sitting in a beautifully restored theater, and enjoying a concert, dance, or movie, to gain a first-hand view of what preserva- tion can offer. Over the past two decades hundreds of historic theaters have been reborn. But first, just a reminder of what we've lost. The bright lights didn't just shine on New "Perfection.:" Built by Vermont-born and Maine~bred silver mining mag- nate Horace Tabor, the Tabor Grand Opera House opened to a crowd of thousands on Septem- ber 5th, 1881. According to author Duane Smith: "Called to the stage amid 'vociferous applause,' ... Horace called Den- ver, with a bit of understandable chauvinism, the 'finest city on the American continent': 'I said if Denver is to have an opera house it should be worthy of the city. Here is the opera house, I shall leave it to your judgment if I have done my duty in this respect.' ... 'PERFECTION!' headlined one Rocky Mountain News article.'''2 The opulent Opera House, demolished in 1964, lives on in Douglas Moore's 1956 opera The' Ballad of Baby Doe. The opera recounts the life of Horace Tabor and his affair with Eliza- beth McCourt "Baby" Doe. The Ballad of Baby Doe's final scene takes place on the stage of the Opera House, with the chorus singing the words that adomed the theater's massive curtain: "So fleet the works of man / Back to the earth again / Ancient and holy things / Fade like a dream." York's Broadway. They also lit up down- town main streets across America - per- haps nowhere as dramatically as in Denver. All of the theaters shown in the photo of Denver's Curtis Street were demolished in the era of "urban renewal." While Denver butt a brand new perform- ing arts center in the mid-1970s, as Col- orado historian Thomas J. Noel notes, it is just "an echo of Denver's old Curtis Street 'Great White Way.'"a Fortunately, as the benefits of preser- vation have been increasingly recognized, the pace of demoliti.on has abated - though it is still a real threat in far too many communities. continued on page 18 1 Thomas Noel, "The Mile High City," available at: <www.denvergov.org/AboutDenver/history_narra- tive_9.asp>. 2 Duane Smith, The Ballad of Baby Doe: "I Shall Walk Beside My Love' (Univ. of Colorado Press, 2002). His- torian Tom Noel's fascinating description of the mag- nificent Tabor Grand Opera House can be found at: <www.denvergov.org/AboutDenver/history_narra tive_2.asp>. Noel has also written about Denver and its history in Denver: The City Beautiful & It Architects (Historic Denver, Inc.). PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 ' ~111111 Crowds in front of Denver's now demolished Orpheum theater, 1950. Since the 1980s, Denver has made an about-face and embraced historic preservation. Ironically, one of the strongest proponents of preservation is the Denver Urban Renewal Authority. A Demolition Derby "During the post-World War II boom, Denver experienced a demoli- tion derby like the 19th-century building boom. In addition to private developers razing sites, a public agency, the Denver Urban Renewal Authority, systematically leveled much of the urban core. Block after block of downtown disappeared under a rising sea of black asphalt parking lots .... Some found downtown's disap- pearance distressing. Old-timers grew confused and alienated with the loss of familiar landmarks and desti- nations. For longtime residents, it sometimes seemed that a trip down- town was like a trip to a foreign city." - ThomasJ. Noel (historian), "The Mile High City.' View of the demolition of Denver's Broadway Theater jn ~_~ 55. Curtis Street, 1973 On Urban Renewal: "Congress launched the federal urban redevel- opment program in Title I of the Housing Act of 1949, and during the next two decades, planners, mayors, journalists, and the public dreamed of grand schemes to revitalize the nation~ cities. Artists' renderings of slick glass and steel skyscrapers set in sunny plazas appeared in metropolitan newspapers and city planning reports, and nurtured hopes of a gold- en future. With the aid of Uncle Sam, cities were supposedly to be cleansed of their ugly past and reclothed in the latest modern attire." -Jon C. Teaford (historian), "Urban Renewal and Its Aftermath,' in Housing Policy Debate, Volume 11, Issue 2 (2000). "Our cities lie destroyed all around us, and... the terrible thing in American society and poli- tics is that the communities of the center of the city were destroyed with them." - ~ncent 5cully (architectural historian), ~The Civilizing Force of Architecture,' Humanities 16, no. 3 (May-June 1995). PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 PreserVation takes Center Stage continued from page 16 From coast to coast (and in between) historic downtown theaters are coming back. The 1,200 seat Elsinore Theater has helped anchor Salem, Oregon's downtown revitalization. Originally a vaudeville house, then a first run movie palace, the gothic-style Elsinore had fall- en on hard times. But that changed with its reopening in 1993. Since then renova- tions and other improvements have con- tinued. According to theater director Gail Ryder, the Elsinore is in the midst of a $3 million "return to grandeur" project, and has received substantial financial Exterior and interior views of Salem, Oregon's Elsinore Theater. support from both the city and Marion County. Besides having an active perfor- mance calend_~r¥~the Elsinore, Ryder notes, is a popular loca- tion for receptions, meetings, and even mar- riage ceremonies! You really ought to give Iowa a try, especial- ly if you're interested in visiting grand, restored theaters. Shawna Lode Opening night at 'the restored Orpheum in Sioux City, Iowa. PLANNING COMMISSIONERS JOURNAL / NUMBER Itl 52/ Poster of Orpheum Circuit and for Mark Twain's Puddn'Head Wilson. FALL 2003 of the Iowa Department of Economic Development reports that many down- town theaters are opening their doors again, sporting complete makeovers and state-of-the art technology One of the most recent examples is the $13 million restoration of Sioux City's 2,500 seat Orpheum Theater (part of Vaudeville's famous Word War I-era "Orpheum Cir- cuit'). As Lode notes, the magnificently refurbished theater includes "gold leafed and stenciled ornamentation, several crystal fixtures, over 20 magnificent chandeliers, and a hand painted pat- terned dome.' Other reborn Iowa theaters: the 1880 Keokuk Grand Opera House; the 1910 Regent Theater in Cedar Falls (now the Oster Regent); Davenport's 1926 Orpheum (reborn as the RiverCenter Adler Theatre); the 1889 Grand Opera House in Dubuque; and Iowa Falls' 1899 Metropolitan Opera House. But you don't have to be in a big city in Iowa to enjoy a historic theater. The 1916 Art Deco style Hardacre Theatre, in the small town of Tipton (pop. 3,000), was renovated in 1991. Today it is an active movie theater, and even hosts an annual film festival. And there's more to come, as restoration of Iowa City's his- toric Englert Theater is underway On the East Coast, the City of Nor- folk, Virginia, has seen its downtown come back to life, in large measure due to activity generated by restored theaters. In the heart of downtown, the 1926 Loew's Theater was purchased by Tidewater Theater maretuees are once again lit in downtown Norfolk, as they were in this 1949 view. Community College. The College restored this former vaudeville house and movie palace to its original opu- lence. Renamed the Roper Performing Arts Center, it offers a sumptuous set- ting, with gilded box seats, glass chande- liers, and hand painted architectural details; Since reopening in 2001, it has hosted a wide range of performances, including local theater and dance compa- nies, and the Virginia Symphony The NorVa, also in downtown Nor- folk, opened in 1922 as a movie palace. After extensive renovations, it has reopened as a concert hall. Also con- tributing to Norfolk's active downtown theater, scene is the restored New Wells Theatre (built in 1913). · An excellent resource for information about the restoration of historic movie theaters is the Cine- ma Treasures web site, with its online database of over 1,000 theaters: <www. cinematreasures.org> Wayne Senville is Editor of the Planning Com- missioners Journal. He regularly enjoys perfor- mances at the beautifully restored Flynn Theater in downtown Burlington, Vermont. Interior of the restored Loew's Theater (now the Roper Center) in Norfolk. Still a familiar sight in many cities and towns: a downtown theater waiting to be restored (here, Proctor's in Troy, New York). The restored Oster-Regent Theater in Cedar Falls, Iowa (above and right). PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 " PRESERVATION PLANNING Preservation Boosts Local Economies district zoning is fre- controversial, but it almost always has a beneficial effect on property values, commercial revitalization, business investment, and increased tourism. This was the finding of a wide ranging 1995 study by the Preservation Alliance of Virginia. According to David J. Brown, Executive Director of the Alliance, "Historic preser- vation is economic growth and the reali- ty is, ~that preservation means dollars in the pockets of Virginians." The Virginia study addressed four aspects of preservation's economic impact: tourism, job creation, property values, and downtown revitalization. On tourism, the study found that historic preservation visitors are a major portion of the state's $9 billion a year tourism industry. Seven out of ten first time visi- tors come to the state to visit historic sites, museums, and battlefields. The study also found that history minded vis- itors stay longer and spend more: two- and-a-half times more money than the amount spent by other visitors to the state. The second issue the study examined was job creation that resulted from the rehabilitation of some 900 historic build- ings ~'i~rVirginia pursuant to the federal Historic Rehabilitation Tax Credit. This program created over 6,600 jobs in the construction trades and over 6,000 in spin off areas. Construction related his- toric preservation activity resulted in a total of $275 million in household income in Virginia: $153 million for con- struction workers, and $122 million for employees in other fields. The study also examined the impact of Virginia's Main Street Program. Between 1985 and 1995, the 20 small communities in the Main Street Program - whose goal is downtown revitalization by Edward T. McMahon within the context of historic preserva- tion - netted more than 1,100 new busi- nesses, spurred the rehabilitation of 1,622 historic buildings and resulted in a net gain of 2,170 new jobs. In just one small town, Bedford, $3.4 million was invested, 234 buildings rehabilitated, and 52 new businesses employing 116 people created. As for property values, the study found that property values appreciated more in historic districts than in other areas of the cities. These results are simi- lar to those of a separate independent study conducted by the Government Finance Officers Association's research center. This study found that property values in the historic districts in Galve- ston, Texas and Fredericksburg, Virginia grew 1.5 to 5 times faster than compara- ble areas not in historic districts. The marketplace increasingly recog- nizes both the short and long term eco- nomic value of historic properties. Just compare almost any neighborhood or commercial area that has embraced his- toric preservation with those that have not. Historic preservation and economic development represent an effective part- nership - as a growing number of com- munities and businesses have come to realize. · Edward McMahon is Vice President of The Con- servation Fund and a noted speaker on land use topics. The above is excerpted from, "Historic Districts and Property Values," in PCJ #23 (Summer 1996). The studies cited by McMahon: Virginia's Economy and Historic Preservation: The Impact on Jobs, Businesses, and Community; and The Economic Benefits of Pre- serving Community Character, Case Studies: Galveston, Texas and Fredericksburg, Vir~nia, are available from the National Trust for Historic Preservation, <www. preservationbooks.org>. P£ANNING COMMISSIONER PLANNING COMMISSIONERS JOURNAL / NUMBER 52 / FALL 2003 IIII111~ Hardiplank Survey Results As preservation commissions around the United States grapple with the appropriateness of hardiplank (cement fiberboard), many are asking, "What have other commissions decided"? Last year, the Arlington County Historical Affairs and Landmark Review Board (HALRB) surveyed over 100 preservation commissions in 27 states to learn how they had handled applications for the use of hardiplank. The survey led to the creation of guidelines for the use of (cement fiberboard) in Arlington's Maywoed Neighborhood Historic District. The guidelines are featured on page 20. The ,N'lington County Historical Affairs and Landmark Review Board (HALRB) has been asked by several recent applicants applying for a Certificate of Appropriateness (CoA) for exterior changes to their homes if Hardiplank could be used on their projects. The HALRB reviewed and approved these applications noting the use of matching wood siding to their homes with the proviso that the HALRB would do a study on Hardiplank and, if approved as a sub- stitute material to wood siding, these projects could then use this material. The HALRB staff was asked to do a Hardiplank study and report back its finding with a recom- mendation to the HALRB. During the month of July 2002 the HALRB staff conducted an informal survey on the uses of Hardiplank. A telephone survey was conducted with 105 historical review boards in 27 states being contacted and asked whether they had approved of the use of this matedal in their historic districts. The~survey asked specific questions including whether Hardiplank was allowed on the historic structure itself, on additions or just on outbuildings; whether it was allowed on new structures within histodc neighborhoods; what type of tdm and detailing materials were used; and the intervie- wee's overall experience with Hardiplank. Of the 105 review boards consulted, thirty (30) approved the use of Hardiplank unconditionally, fifteen (15) approved its use with reservations and did not encourage nor recom- mend it, fifty-three (53) said it could be used only on new construction within an histodc district, and seven (7) reject- ed it altogether. Of those fifty-three (53) respondents per- mitting its use on new construction, twenty-nine (29) said they would allow Hardiplank only on new freestanding build- ings and twenty-four (24) said they would allow it on addi- tions but not the odginal historic building itself. Not many of those surveyed specified the material to be used for trim Example of Hardiplank Source: www. rhsmithco.com and detailing. Of those who did respond to this question, twenty-one (21) insisted on wood and five (5) allowed Hardiplank. Overall, those who approved Hardiplank claimed it was not ideal, but it was a preferable alternative to other replace- ment sidings available as long as the difference from the original material was not noticeable to the casual observer. It has a more authentic look than other synthetic materials and more closely resembles wood. Nearly everyone asked said they preferred it to vinyl. Fifteen (15) specified they only allowed the smooth surface because of the fake appearance created by the wood grain. When the smooth boards are painted they offered a reasonable imitation of wood siding that many thought was appropriate within their historic districts. Seventy-four (74) of those who assented are located in the Southeast where a hot and humid climate promotes rotting wood and termites. Six (6) claimed Hardiplank to be a preferable alternative to wood since it is durable enough to resist these types of damage. Another advantage sited in the survey was the relative Iow cost of Hardiplank when compared with other materials from a his- todcal appearance perspective and in life cycle costs. Six (6) respondents approved it specifically for the cost benefit in their Iow-income neighborhoods. The Wilmington Delaware Department of Planning claimed that in order to preserve the viability of historic districts as livable neighbor- hoods it is necessary to provide options to the residents that they can easily maintain and afford, such as Hardiplank. Those review boards that approved Hardiplank on all con- struction tended to be from areas whose historic districts were either very small or very new and did not have well- defined guidelines or restrictions on materials: Likewise, those who allowed its use but had reservations, usually 20 NEWS from the NATIONAL ALLIANCE of PRESERVATION COMMISSIONS ,, Alternative Materials came from districts that had no authority to enforce regula- tions. Those who argued against using Hardiplank on an addition to a histodc structure, but on new buildings, claimed that the new matedal would not match with the odginal structure and design of the house. One respondent claimed that when used on an addition, the replacement material would be noticeable and the overall effect would not work. This view was not universally held. Almost half of those surveyed felt that Hardiplank makes a new home fit in very well within a historic district. Since the exposure of the boards can be adjusted and wood trim can be used, new houses sided with Hardiplank can conform to the guidelines of the histodc district while still being discemable from the odginal structures. The largest criticism to Hardiplank was the lack of shadow and depth created by the boards in comparison to tradition- al wood siding. Nine (9) respondents observed that the material displayed a flatness that reduced the character of the original building and was incongruous with the rest of the neighborhood. One respondent expressed that to accu- rately preserve a building it must have all its historic parts and the same materials must be used for preservation. If different materials are used, the shape and the texture will be different. For this reason it was felt that Hardiplank couldn't compete with the original. Other Criticisms included that the boards can take on a "wavy" appearance and con- sequently should only be installed on a sub-surface. Some also cited problems coming up with contractors because the material is difficult to install and special tools may be need- ed. Three (3) respondents observed that when the matedal has a fre~Qent contact with water it can crumble or deterio- rate faster and not hold paint as well. The HALRB staff will be recommending the use of Hardiplank be permitted in Arlington County's locally desig- nated Historic Districts for only new freestanding construc- tion and outbuildings. The recommendation will be for only the smooth finish material and that the allowable lap cannot be more than six (6) inches. It cannot be used over another siding material and all trim elements (comer boards, door and window trim, cornice, fascia, etc.) must be wood. The use of Hardiplank on additions will be permitted, but with additional guidelines. These projects would be required to have a distinct physical and visual break between the his- toric resource and the proposed addition, and that when allowed the Hardiplank must match the historic siding in size, profile, scale, finish and articulation. TAR Jan/Feb Mar/Apr 2003 9.1 IIU[I~I By Teresa Deuglass and Phil 'lbemasen Liquid Siding is the latest miracle product on the market which claims that you will "never have to paint your house again." Advertising and marketing for this prod- uct have been concentrated in the Southeast, and promotion of this product is spreading nationwide. Questions have been raised recently about liquid siding that make use of the prod- uct debatable particularly on historic homes. Manufacturers and dealers of the ceramic-based coating claim that it pro- vides a minimum of 25 years of maintenance-free protection and can save owners up to 40% On energy costs. Recent stud- ies, however, reveal that the product might not be all that it claims to be. The product is manufactured by Kryton International Inc., of Vancouver, British Columbia, and is distributed in the United States by Kryton Coatings International in Knoxville, Tennessee. Formally known as Multi-Gard R-20, liquid sid- ing is applied by independent dealers under the name ProCraft. The siding is a thin ceramic based coating that is applied in a three-coat process, each of which is sprayed on. A sealer is followed by a second insulating coat, which con- tains ceramic platelets and volcanic perilite. Ads for the prod- uct compare this "space-age NASA technology" to that used on the space shuttle and claim that it provides insulation equal to seven inches of Fiberglass batting. The third or top coat is said to be a coating developed for Canadian Coast Guard Lighthouses to withstand extreme weather conditions. Cost of the application averages over $10,000 for a residence. The product is touted as the most durable siding option avail- ~-able and is guaranteed not to chip, crack, blister, or peel for 25 years. The manufacturer claims that liquid siding elimi- nates the need to paint and its "super insulating 'Ceramic Microspberes'" provide sufficient insulation to reduce energy consumption up to 40 percent. The product can be applied to practically any surface, is custom tinted, and is "guaranteed to look freshly painted everyday, for the next 25 years." Independent lab tests are' quoted as proof of these claims. However, in October 2000, the Nashville Tennessean report- ed that the U.S. Department of Energy's Oak Ridge National Laboratory reviewed two of these tests and found that neither demonstrated that the product had significant insulation prop- erties. One test did not comply with recognized national stan- dards. The other test was actually done on another product, and in the report a decimal was misplaced, which made for a substantial overstatement of the product's insulating ability. The report mistakenly states that the product has an insulat- ing value of R-24, but in actuality the value is R-0.024 or about the same insulating value as a piece of linen cloth. Oak Ridge lab officials have contacted the Federal Trade Commission's Division of Enforcement to suggest that it obtain documentation to support Kryton's claims of superior ~idsulating qualities. The Better Business Bureau of Middle Tennessee has also requested information to substantiate these claims. Those that have used the product have varying opinions of its performance. The Seattle Housing Authority used liquid siding on one of its buildings in 1978 and has since had to paint two or three times because the Kryton prod- uct had begun peeling off in sheets. Canadian Coast Guard spokespersons also note that lighthouses coated with the product also were repainted in recent years. Several Tennessee homeowners who have recently used the product, however, are pleased with the product so far. Regardless of its insulating quality, liquid siding is not rec- ommended for use on historic buildings. Louis Jackson, tax credit coordinator at the Tennessee Historical Commission, states that the product is inappropriate for a number of rea- sons. Foremost, the product is non-reversible; it cannot be removed without damaging the historic fabric of a building. The application process itself is also damaging as it requires sandblasting, which causes further damage. Therefore, the Tennessee Historical Commission does not recommend the use of liquid siding on historic buildings. Because of the sandblasting requirement and questionable adhesion proper- ties, the use of liquid siding is not appropriat6 for historic properties. Phil Thomason has been Principal of Thomason and Associates, Preservation Planners since 1982. They are based in Nashville and provide preservation services throughout the country. Teresa Douglass is a Preservation Planner with the firm and has worked with them since 1998. They regularly work with Preservation Commissions on design guidelines, training and workshops, and overall com- m unity preservation plans. TAR ]an/Feb Mar/Apr 2003 27 g ,~?.'?., .Iook attFie:prosand cons of wnvl~sldEncl and Dolvwnvl:chlonde 'erhaps no other issUe in'custOm-home building isas hotly tics Pure PVC is 57% chlorine by Weight; the rest is hydrogen debated as vinyl siding; Is it.a q~li~ pr~Uct? D~s it and ~r~n. , .: ... · i~prove ~r'eh~-~fi:ihe:'~~'6fa~h°me? Sh6uld it- ~; ~.. ~rly'~m&rdal prMuction °fpVCWas ~a~rdOm~ M~rcu~ was: ~ avoided fr°m an ~nvirofi~eh~l g~'fi~int?:Or~arcthe Iow~.; ~.~ m'~te Chloride from ~ium Chloride, ~d o~nvan~Were'.~ ~ a~ many ~ ~m ~h~3ymyl I~ ~h~d ofw~ ~ ~.: :-"7 mdhon tons.were ~ m No~ ~en~ m market l~der in residen~l giding; whY'vinyl windoWs continue to and siding, To ~ used in these' wide,ran~ng appli~tions, PVC is ~n market share agaimt w~,'why v~l fl~fingh'm'~pular aM : mixM with' various additiv~ in a Pr~e~ ~IIM ~unding~ why PVC pi~ and wire sh~thing a~0unt for the vast majori~ of additives include plastici~rs, s~bilizers, inert fillers, pi~ents and ~eir r~five marke~. Pol~inyl chloride; commonly referred to ~ bi~id~. HaM PVC prMucn, such as ~hedule40 PVC pi~, may PVC Or vinyl, is a highly ver~file matefialiu~! in a wide ran~ ofas much as ~% PVC, and rafter, more flexible PVC pr~uc~, such building appli~tiom: erecting from rind drainage pi~ to highly ' as vinyl'fl~rlng, vinyl Siding and vinyl shower curtains, may con- flexible dectrical-wire sheathing m'wixxl'grain siding. PVC is rugged, with buried structural pipe able re'withstand high compressive load: lng and PVC roofmembranes able m carry 25-year warranties. PVC is Iow-maintenance, with vinyl siding requiring virtually no mainteo nancc for:decades; wood siding~it6eds paint or stain as frequently as tain as little as 35% PVC. What's wrong with PVC? PVC's'envirOnmental drawbacks fall into five categories: 1. Pollution emissions from manufacture. Despite dramatic im- e~ery five.years: PVC is inh~rendj/:f~e, resist~t~i~ting'to its highchlo~ : provemcnts, thc manufacture of PVC and its precursor compounds fini~ ~tent. PVC iS.~ven ~dabl~:(d~iigli little postcomumer PvC' ~: still r/teases pollutants. The U. S. Environmental ProteCtion AgenCy ~:..' ~ ig:'aetUallY 'u;s/Xl"tOday);:: Fii~all);~ p,VC j~ :!~iv~q~mvidin~ ~'.a f~'~ :::. hai:j~t r~leased figure~ for 2000'Showing emissitns of vinyl Chlorid~ :!!ii. ?:- ,,- - ftrdablealternauve t°"trad~u0~!~matertals~:wheiher w~sidmg; .5 :'(°ni~ of the primary pollutants) totahng 817,000 lb. (approximately C~t~ir0n dr~hi~iPe, br btfiit ~fi~:'~fi rig ~enik:;~;.,:!~::~,i:;:i'i..~` i-i.::ivi;~i~:i'i!~.~%~?:~;i :: i0~ 12:lb~:' Per tonof PV c produced)i FUrthermore,' some evidence ex $i'~ .. ......... ~..? ........ ........ - .~ ........ ...~,,7%~. .... ~,~:...~g~3,.:.,-~?v~e ,.,~ ..... ,~ .? .... tsts that dtoxms can be roduceddurm oneofthePVC.manufac -~ ~'~ ,~.e,'-:.~.- ;~'r ~'~:~' -'"' :'::~ "':":' :~.'' . : . ' , '.: P g .:..- What · xa~l¥ 15 PVC?.'~q::;:~::~¥~.-?.~,~':?;:V.-'.:;~%.c'. :': :-'~ -' · ' --. ....... · .... ' · ...... ~,,:,.,:-~-. ..... ~:,~- ~,-:..~ e, .... - ~ ~- _" tunn rocesses; D~oxms, a famd ofchlonne-contammg chemicals, PVC ts'a Plastic. To be' speeifi~i~it:i~'fhe' ~fiolymeri~d form of Vinyl are amOng the most deadly toxins, with a wide range ofeffei:ts 6h hu- chloride; chemists refer tO it as poly (vinyl'chloride), or polyvinyl mans and ecosystems. chloride, PVC is often referrtd to as vinyl, but vinyl more correct-Although U. S. industry has done a good job:of cleaning up its act I refers to a chemical radical ...... with PVC production, not ali (CH CH) used ~n many or · !. ~- "' ' ,'-' :'?ili4:i? ?:?i:i:,-~:'~!.'A~sh0Wer CUrtain loses our PVC products are pro- ganic ~compounds, sUch~,as': :.;.i ',.:~'c: ...... . _ duced here. To save money~ vinyl acetate, a common in;.,:~i:abouthalf'of'~ts weight over the course of more and more U. S. manu- redi~ntin' 'int.. :, ~.~ ~ ,~3',-:!2i'~· .,,- ~ t ~ ' . . · g , pa '~;'..:-5:,~%.~'.,~?L~?i~:~....,- (%:' ':"- '.' \, '..' .' ';1 ';'. /~1 :'. ~ , 1 : ., facturersaresetungupoper- ,:py¢is.:produced in~-~.ii~:i(~;i!,~%.a,,~e~ years as.me pntnatate piasuc~zers .tio., 'in : third-world ustc rocess that revolves ~ , . ~ Co bi i ..... ' ,..':' .: ': ' se out. That s the d~suncuve · m n ng cmortac ttrom'i~:'~:ii;¥(~.?:, ~ :~:~,,.: ..: ~,;--:~:,'~"i ...... · :,. - . .... . .. mental regulations are often brihe:~.solutiOn ~of:common~!i;3?i~'~:~?i:::i':-.'srn~ll,ofshoWer, cUrtains.:: ·.,- far less stringent.: ,.,,.~:'~. , ........ Y ~'~.71.'.,,? .".?;~' 5~';'"': :":'. :::, ~ v:'::'' .: , ~,',~,: -';'~.:, ." - .................... ~ natUral'g~) to produce vinyl i:hloridi,;This vinyl chloride then is cineration or accidental fires. For people not involved in its manufac- AUGUST/SEPTEMBER 2002 enough hydrochloric acid th&t some (but not all) firefighter organii ~:::' treated lumber, which was brought about largely by the Envir0nmen- zations have lobbied against the use of PVC roof membranes because hydrochloric acid can be emitted before visible smoke is produced. Burning PVC under reduced-oxygen conditions, such as in a poor- ly controlled municipal incinerator or through backyard burning, also can create dioxins. Far more toxic than hydrochloric acid, dioxins last a lot longer in the environment and can accumulate in food chains by 'being stored in body fat. Even if manufacturing emissions are elimi- nated, an organic polymer containing up to 50% chlorine always will remain a risk as long as poorly controlled incineration or accidental fires are possible. ' :.113. Release'of plasticizers. In the past several years, the plasticizers that make PV(~ more flexible have generated almost as much cOncern aS PVC'itS~lf. The most c~mmonly used plasticizer, DEHP'(di-2- ethylhexul phthalate), identi- fied as a suspected carcinogen in 1987, also is believed to be an endocrine disrupter. En- docrine disrupters mimic nat- ural hormones and, even in minute quantities, can inter- fere with sex-organ develop- ment in fetuses. Phthalate plasticizers can be'released during manufacturing, but' also over time from flexible PVC products; These com- pounds are widely used in vinyl siding, flooring, roof membranes, electrical-wire sheathing and wallcoverings; the more flexible the PVC product, the higher the quan- tity'.of plasticizer. A shower ~' :?' ' .curtain, for example, loses about half of its weight over the, course of '.'?:?~?:.::'.:!a feWyeafsas the' phthalate plasticizers diffuse out: That s the dis- '. .tinctive smell of shower curtains. · ' ' .- 4. Contamination of recycling stock. Another concern with PVC is '~ the fact that even a small quantity of PVC plastic in a batch of other plastics being recycled can contaminate everything. PVC melts at a lower temperature than the PET used in most plastic bottles and the high-density polyethylene (HDPE) used in most plastic bags. · ' '5. Use of a nonrenewable resource. A significant raw material used in producing PVC is natural gas, a nonrenewable fossil fuel. (For what it's worth, because of the high percentage of chlorine in PVC, the ' ' 'j sil4uel content is actually a lot lower than in most other plastics.) tal Working Group {www. ewg.org) and the Healthy Building Net- work. Or look at the impact Greenpeace has had in getting The Home Depot and other building-product suppliers to embrace certified wood. The efforts of these environmental groups should not be under- estimated. But when it comes to raising public awareness about the risks of PVC, the greatest driver of change could be something dif- ferent: innovation in the plastics industry. During the past ten years, there have been tremendous advances in metallocene-catalyzed poly- olefin chemistry. Polyolefins (polyethylene and polypropylene) are con~ sidered by many to be the "cleanest" plastics. They contain noth- ing but carbon and hydr0gen~ the~ ?~ ..easily recydable,~d they can Proponents say that jna few yearsl metallocene polyolefins will .be used to produce a'variety of building products (siding, roof membranes, flooring, wire sheathing, window frames, etc.) with properties that equal or exceed those of PVC products. Such compa- nies as Exxon, Dow Chemical and DuPont have invested bil- lions of dollars in the technolo- :gy. When a lawsuit between Exxon and Dow over metal- ' iocene patents was settled in "1999, products finally began : reaching the marketplace.: What's the bottom line: Should you use PVC? In some product categories, .either alternatives to PVC are not widely available, or tradespeople skilled in installation are diffi- cult to find. With drain piping, alternatiyes toPVC include ABS(an- other plastic--but one that doesn't'C°ntain ~chlorine) andcast iron. In some parts of the country, almost everyone uses PVC drainpipe, and obtaining ABS or finding a plumber willing to install cast iron can be difficult. Finding electrical wire sheathed with something oth- er than PVC is virtually impossible, except by special order. For product categories where PVC alternatives are readily available, my suggestion is to go with the greener alternatives. With windows, choose ali-wood, aluminum-clad wood or fiberglass products. With siding, choose wood or fiber cement--and incorporate a'rain-screen detail to extend the life of the material and to reduce the frequency et' · ~ ....... ,. repainting (FHB #137, pp. 86-91). With wall Coverings, stick with paint .L0o~!ng in~o., the cry~tal ball ' or a paper product. With resilient flooring, consider natural linoleum, t s hard to'say where the current controversy over PVC will end ult.: cork or the new chlorine-free Stratica floonmz from Amuco Inter- ?.ii.T.heP~'industry is huge (over $20 billion per year in the United ~ .:national (www~strafica.com). With 19w~slope roofiag~'opt.fo~ a mod- '?Stat~),. ~d so far at least, concerns aput health and the environment: ;?,':'.:~:i~!~?':?i~.haV~ noti~.ignificanfly affected PVC s use by the construction indus~i.j '.' ' ':'~7':)':i!:?~:i~q~jTh~:t~arket share 0fvinyl siding, for example, continues t0grow. ~: '- 'Alex Wilson is the f0ufider and executive editor of Environ-~ On the other hand, the environmental groups attacking PVC are mental 8uildin~ News in Brattleboro, Vermont. More detailed smart, tenacious and deeply committed to their cause~and they have information on PVC can be found on his Web site: :i-:~'go°d track record of bringing about change. Consider the recently www.buildinggr,e,~n.com. Search for the article 'Should We '-'(; i ~.'~.' ~ ~',?ann°unclM phaseoUt of chromated copper arsenate (CCA)pressure- Phase Out PVC? ' ,'.'.":"'~: '~ ' ' 'i- '..: i , : ,~?~?:~i~¢~)75~,,90 '. ':~ FINE HOMEBUILDING - , ':::~ ~?~i'7~-~,~:,' ...-,,:'7% ,': ' . 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