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HomeMy WebLinkAbout1999-0216.HILLSIDE INN FINDINGSBEFORE THE ASHLAND PLANNING COMMISSION OCTOBER 13, 1998 IN THE MATTER OF PLANNING ACTION #98-091, REQUEST FOR SITE REVIEW TO DEMOLISH THE EXISTING HOTEL AND CONSTRUCT A 10,901 SQUARE FOOT RETAIL BUILDING, AND CONVERT THE EXISTING 24 HOTEL UNITS TO STUDIO APARTMENTS FOR THE PROPERTY LOCATED AT 1520 SISKIYOU BOULEVARD. APPLICANT: ALEX JANSEN FINDINGS OF FACT AND CONCLUSIONS OF LAW I. INTRODUCTION FINDINGS OF FACT AND CONCLUSIONS OF LAW for approval of a plan to demolish the existing hotel and construct a retail building and convert 24 hotel units into studio apartments at the property located at 1520 Siskiyou Boulevard, Ashland, Oregon. II. RECITALS 1. Tax Lot 2000 of 39 1E 15 BA is located at 1520 Siskiyou Boulevard, Ashland, Oregon, and is zoned C-l-Commercial. 2. The Applicant is requesting approval of a proposal to demolish the existing hotel and construct a 10,091 square foot retail building, and convert the existing 24 hotel units into studio apartment for the property located at 1520 Siskiyou Boulevard, Ashland, Oregon. Site improvements are outlined on the Site Plan and Elevations on file at the Department of Community Development. 3. The Planning Commission, following proper public notice, held a Public Hearing on October 13, 1998, at which time FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. The Planning Commission's decision was appealed to the City Council by John Freedom. The City Council, following proper public notice, held a Public Hearing on January 5, 1999, at which time testimony was received and exhibits were presented. The Public Hearing was continued to January 19, 1999, at which time additional testimony and exhibits were received and presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. III. CRITERIA The criteria for Site Design and Use Standards approval are described in Chapter 18.72,070 of the Ashland Land Use Ordinance: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 IV. FINDINGS OF FACT Ashland City Ordinance Tile 18, Chapter 18.72,070 provides the approval criteria for the Site Design and Use Standards. A. 18.72.070(A) -- All applicable City ordinances have been met or will be met by the proposed development. DISCUSSION: The Site Plan meets all the requirements of C-1 Retail Commercial District Zoning and the City ordinances including set- backs, parking, covered bike parking, building coverage, building heights, and landscaping. In C-1 Zoning the retail and commercial uses contemplated by the applicant are outright permitted uses. The conversion of the 24 motel units into studio apartments are permitted outright under the Special Permitted Uses in C-1 Zoning. The studio units meet all the criteria of this section which includes the requirement that 10% of the units be affordable for moderate income tenants. In C-1 Zoning, there are no minimum lot areas, width coverage, or front yard, side yard, or back yard set back requirements. Under C-1 Special Permitted Uses, at least 65% of the total gross area of the ground floor or at least 50% of the total lot area, if there are multiple buildings, shall be designated for permitted or special permitted uses, excluding residential. The project meets both of these requirements along with other City requirements as shown on the Site Plan. Under C-1 Zoning General Regulations, no minimum lot area, width, coverage (except under Special Permitted Uses) or front FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 yard, side yard, or back yard set back is required. No structure under C-1 Zoning shall exceed 40 feet. The highest point on the proposed buildings is 25 feet. The required parking for the proposed commercial building are based upon retail use, using one space for every 350 square feet of floor area, which calculates to 31 spaces. The 24 motel units to be converted into studio apartments require one space per apartment for 24 spaces. A total of 55 spaces are required and a total of 55 spaces are shown on the Site Plan, including a credit for one parking space on Walker Street. There are three handicap accessible parking spaces shown on the Site Plan as required. There are 11 bicycle parking spaces as required based upon the 55 required vehicle parking spaces. Fifty percent, or six, of the bicycle spaces are required to be covered. The Site Plan shows eight covered bicycle spaces at the rear entrance and four uncovered bicycle spaces along the Siskiyou Boulevard sidewalk. Under C-1 Zoning, 15% landscaping is required and the Site Plan shows 25% landscaping. The Site Review Standards require at least a .35 floor to area ratio. The Site Plan shows a .38 floor tO area ratio based upon the designated area for the permitted use. FINDING: Based upon the record and the above discussion, it is found that all applicable City ordinances have been met or will be met by the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 B. 18.72.070(B) -- All requirements of the Site Review Chapter have been met or will be met. DISCUSSION: The Site Review Chapter requires 15% landscaping area for C- 1 Zoning. The project will provide 25% landscaping area which will be visible from public rights-of-way and will also provide a buffer from adjacent uses. The landscaping will all be irrigated and maintained. The parking lot landscaping will have well above the 10% requirement and will be a proper mixture of deciduous trees and shrubs. The street tree requirement will also be satisfied as shown on the Site Plan. A recycling area is located in the rear of the property adjacent to the proposed studio apartments. The area is enclosed within a six foot high wood fence and gate and has two containers. One container is for recyclable products and the other for trash. The recycling area will be well screened from adjacent properties. There is an existing 24 foot wide curb cut on Siskiyou Boulevard which is approximately 28 feet northwest of the northeast property corner. This curb will be closed off and a new 24 foot wide curb will be installed on Walker Street, 82 feet south of the northeast property corner, at the curb. The Control Access section of the Site Review Chapter requires driveways on collector streets to be at least 50 feet from an intersection. It will be 76 feet to the beginning of the curb cut on Walker Street. Driveways on arterial streets must be a minimum of 100 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 feet from any intersection. The curb cut on Siskiyou Boulevard will be approximately 254 feet from the intersection. There will be no direct light or glare projected onto the proposed studio apartments or on any of the adjacent properties which are also zoned C-1. The proposed lighting consists of low pole lights and landscaping designed to cast downwards to the ground. All conservation measures have been taken into consideration in the design of the proposed project including water, electric, and gas. No disc antenna are proposed for the project. FINDING: Based upon the record and the above discussion, it is found that all requirements of the Site Review Chapter have been met or will be met. C. 18.72.070(C) -- The development complies with the Site Design Standards adopted by City Council for implementation of this Chapter. DISCUSSION: On August 4, 1992, the City Council adopted Site Design and Use Standards ("SDUS"). To comply with the SDUS, this project must satisfy the Basic Standards (Section II-C-1), the Detail Standards (Section II-C-2), and the Large Scale Projects (Section II-C-3). Appellants have raised the issue of compliance with the SDUS. Appellants' references to the introduction of the SDUS do not concern actual approval criteria. The ideas presented in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 SDUS introduction are educational and informative suggestions and illustrations. As the SDUS introduction states, only the approval criteria have legal weight in a land use action. Similarly, Appellants' references to the introductory comments of the SDUS Approval Standards also do not involve actual approval criteria. As the introductory comments illustrate, the goals and purposes of commercial development are satisfied through compliance with the SDUS Approval Standards. Basic Standards (Section II-C-1) Section II-C-la concerns building orientation and scale. The proposed project consists of two separate buildings and 24 existing units that are connected with a common roof that covers a walkway between the two buildings. Both buildings have the flexibility of being divided into multiple spaces with each having an entrance facing Siskiyou Boulevard directly off the sidewalk. All of the proposed entrances are within 30 feet of the sidewalk and are designed to meet handicapped accessibility requirements. Each entrance will be accentuated with attractive awnings. The Applicant's intent is to have future tenant businesses open to the public during all business hours. Section II-C-lb requires one street tree for every 30 feet of street frontage. The proposed landscaping plans meet this requirement. This requirement is also provided for by the fourth condition of approval. Section II-C-lc(1) requires that landscaping shall be designed so that 50% coverage occurs after one year and 90% FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 coverage occurs after five years. Appellants contend that this requirement has not been satisfied. The City Council interprets this requirement to refer to ground cover landscaping in order to ensure that the project maintains a proper appearance. Contrary to Appellants' assertions, this requirement does not refer to large trees, nor does it require newly planted trees to reach the size and height of trees lost during construction. The landscaping design shows that 50% ground cover will occur after one year and 90% coverage after five years. Section II-C-lc(2) requires that the landscaping design use a variety of low water deciduous and evergreen trees and shrubs and flowering plant species. Appellants contend that this requirement has not been satisfied. The removal of some evergreen trees does not result in a failure to meet this requirement. The landscaping plan demonstrates that a variety of the required flora will be utilized, including birch, oak, maple, pine, and cedar. Section II-C-ld requires the installation of an irrigation system. The landscaping plan provides for a drip irrigation system. Section II-C-le requires that efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. Appellants contend that this requirement has not been satisfied. This SDUS requirement has been interpreted to require a balancing between building design and site improvement requirements with the reasonable retention of the site's FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 significant natural features. This SDUS requirement does not incorporate miscellaneous Comprehensive Plan provisions as approval criteria. The landscaping plan saves a substantial number of the existing healthy trees and shrubs. The Tree Commission approved the proposed plan. The Applicant reconfigured the Site Plan for the express purpose of saving the large existing cedar tree in the rear of the property. As testimony from arborist John Galbraith demonstrated, a number of the large existing trees are already unhealthy and may not survive with or without the proposed development. The Applicant initially considered a two story design concept as an effort to save some of the large existing trees. Even with the two story design some of the large existing trees would have been lost. Research developed by the Applicant demonstrates that a two story design would not meet the building design and site requirements necessary for commercial viability of the project. The SDUS standard does not require that all existing trees and shrubs be saved, but that efforts be made to save existing healthy trees and shrubs. The Applicant has made substantial efforts to save the existing healthy trees and shrubs. Overall, the proposed application strikes a reasonable balance between the building site design requirements and retention of the site's significant natural features. Section II-C-ld requires parking areas to be located behind the building or to the side. All of the proposed parking is located either on the side or in back of the new buildings. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 There is an existing parking lot on the west side of the new buildings which will be enlarged. The existing drive behind the structures will be reconfigured, regraded, and repaved to adapt to the new configuration. This section also requires that parking be shaded by deciduous trees, buffered from adjacent nonresidential uses, and screened from nonresidential uses. Much of the existing landscaping along the parking lots provide shade and buffering from nonresidential uses. All of the proposed new landscaping will provide shade with deciduous trees which will also buffer and screen. Section II-C-le is not applicable because the property does not contain a creek or riparian area. Section II-C-lf concerns noise and glare. The proposed design and use of the project will not generate excessive noise or glare. Section II-C-lg concerns expansions of existing sites and buildings. The proposed studio apartments will not be expanded in any way. All other existing buildings will be razed and replaced with new structures. Detail Standards (Section II-C-2) Section II-C-2a concerns building orientation and scale. Based on the designated area for permitted use, the floor area will be .38, which is abbve the .35 minimum required. There will be a three foot change in the finished floor elevation between the two buildings. There will be display windows along the entire north elevation which faces Siskiyou Boulevard. There are FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 two proposed entrances. There are also proposed display windows and entrance doors on the south elevation facing the patio and on the west elevation. The proposed total area of windows and doors is well above the 20% requirement. There will be a change in mass, surface, and finish at each entrance, and entrances will be covered with an awning which will protect pedestrians from the rain and sun. The entire frontage of the site will be infilled with the building leaving no voids between the structures. This section also requires that building frontages greater than 100 feet in length shall have offsets, jogs, or other distinctive changes in the mass, surface, or finish, and that buildings shall incorporate lighting and changes to give emphasis to entrances. Appellants contend that this requirement has not been satisfied. The Site Plan and exhibits provided by the Applicant demonstrate that the building frontages contain offsets, jogs, and other distinctive changes. The most recent design has slightly modified the building entrances in order to create a better sense of entry and to distinguish the entrances from the adjacent window areas. The entrances have been recessed back approximately two feet. A wider and deeper awning covering will be installed above the two entrances, and columns will be incorporated within the facade to the side of each pair of doors. Section II-C-2b requires "hardscape" paving material to designate "people" areas. "Hardscape" is defined to include unit masonry, scored and colored concrete, and grasscrete. The Site Plan shows a hardscape path connecting the public sidewalk to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 entrances of the building. The Site Plan also shows a hardscape path connecting the proposed studio apartments to the walkway that separates the two buildings and connects to the public sidewalk along Siskiyou Boulevard. The hardscape will be tan colored, scored concrete. This section also requires buildings to be set back no more than 20 feet from the public sidewalk, and that if there is more than one structure that at least 25% of the aggregate building frontage will be within 20 feet of the sidewalk. The Site Plan shows that over 25% of the two buildings will be within the 20 foot requirement. Section II-C-2c, concerning parking and on site circulation, does not apply because there is not one parking area on the site that has 50 or more parking spaces. The one area that is over 100 feet in length is part of the existing parking lot on the left side. The parking is spread out on the west and south sides of the site and separates buildings and landscaping. Item C concerns developments over one acre. The designated area for the permitted use is less than two-thirds of an acre. All pedestrian walkways link directly to entrances and the internal circulation of the building and will be provided with sufficient light so they may be used by night employees, residents, and customers. Section II-C-2d concerns buffering and screening which requires landscaping to buffer and screen parking lots and incompatible uses. The landscape plan shows landscaped buffer areas on all sides of the proposed building, parking lot, and proposed studio apartments between the buildings, parking lot, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 and adjacent properties. The existing parking lot entrance on the west is also buffered from Siskiyou Boulevard with new and existing landscaping. Section II-C-2e concerns lighting standards greater than 14 feet in height along pedestrian pathways. The proposed standards will be scaled for pedestrians, will be no greater than 14 feet, and all lighting will be directed downward. Section II-C-2f concerns building materials, colors, and changes in relief. The proposed buildings will consist of a brick veneer base and synthetic plaster walls with awnings over the entrances and many of the north facing windows. No bright or neon paint colors will be used to attract attention to the buildings. The buildings will have a cornice detail at the top of the parapet wall and at the top of the windows which will run as a band around the entire perimeter of the structure. The multitude of angle changes, offsets, fenestration, and relief will exceed the 15% requirement. Additional Standards for Larqe Scale Projects (Section II-C-3) Section II-C-3a concerns orientation and scale. The two buildings, one proposed to be 5,700 square feet and the other 5,200 square feet, have a three foot difference in finished floor elevation and will be connected together by a common roof with a skylight over the walkway between the buildings. The buildings will both be single story, of human scale, and have many changes in mass, direction, sheltered entries, a distinct pattern of divisions on surfaces along with many trees and windows. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 west sun. buildings. seating. lighting will be small scale lighting. The proposed buildings do not exceed 45,000 square feet or have a contiguous building length of 300 feet or more. The buildings will be connected by a common roof with a skylight walkway. The interior parking lots will incorporate curbs, sidewalks, street trees, and human scale light standards. Section II-C-3b concerns public space. There will be two outdoor patios along with several other plaza type areas which satisfy the 10 square foot per gross floor area requirement for public space. Both of the patios are designed as outdoor areas and will feature tables with umbrellas. The patio on the north side will receive morning sun and some late afternoon sun but will be shaded by the building during the noon hours. The patio on the south side will receive early morning sun and early afternoon sun. The south patio will be shaded from the noon sun with deciduous trees which will let the winter sun through. The north patio will also have deciduous trees to protect it from the Both patios will be protected from the wind by the The other smaller plaza areas will incorporate bench Section II-C-3c concerns transit amenities. There are two bus stops in close proximity to the site. One unsheltered bus stop is just east of Omar's Restaurant. The other bus stop is sheltered and is located at the corner of Highway 66 and Walker Street. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 Section II-3-3d concerns recycling. The Site Plan shows an enclosed recycling container located at the southwest corner of the site. FINDING: Based upon the record and the above discussion, it is found that the development complies with the Site Design Standards adopted by the City Council for implementation of Chapter 18. D. 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 subject property. DISCUSSION: The property is presently and adequately serviced with water, sanitary and storm sewers, gas, and electricity. City facilities can be upgraded to serve the proposed commercial product. Additional trips generated by the project will use Siskiyou Boulevard and Walker Avenue to enter and access the property. Siskiyou Boulevard, an arterial street, and Walker Street, a collector street, have adequate capacity to serve the development. The recent installation of a traffic signal at the intersection of Walker Street ensures that all turning movements can be made at acceptable levels of service. FINDING: Based upon the record and the above discussion, it is found that adequate capacity of City facilities for water, sewer, paved FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. E. Procedure. DISCUSSION: Appellants contend that undue influence may have been asserted by a biased Planning Commissioner because a Commissioner arrived late and missed the normal and usual opportunity to declare any actual or potential conflict of interest. Appellants did not identify which Commissioner was late, what actual or potential conflict of interest existed, or how the procedure was subjected to undue influence by a biased Commissioner. Any Commissioner could have declared any conflict of interest at anytime during the proceedings- FINDING: Based upon the record and the above discussion, it is found that no procedural impropriety occurred and that no undue influence was asserted by a biased Commissioner at the Planning Commission proceedings. V. CONCLUSIONS OF LAW Based upon the evidence submitted with this application and the discussions, conclusions, and findings made above, the Ashland City Council makes the following Conclusions Of Law: 1. Based upon the record of the public hearing on this matter, the Ashland City Council concludes that the proposed plan to demolish one existing hotel building and construct a 10,901 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 square foot retail building and conversion of the other existing 24 hotel units into studio apartments for the property located at 1520 Siskiyou Boulevard, Ashland, Oregon, under the criteria for site review approval, is supported by substantial evidence in the record. Therefore, based on our overall conclusions, and the proposal being subject to each of the following conditions, the City Council approves Planning Action No. 98-091. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant be conditions of approval unless otherwise modified here. 2. That a revised site, size and species specific landscaping plan, incorporating the recommendations of the Ashland Tree Commission, be submitted for approval by the Staff Advisor prior to issuance of a building permit. All landscaping shall be installed in accordance with the approved plan prior to issuance of a certificate of occupancy. 3. That recycling facilities be identified on the Site Plan prior to the time of issuance of a building permit and installed in accordance with 18.72.110 prior to the issuance of a certificate of occupancy. 4. That a revised landscaping plan be submitted including the following amendments: that street trees, 1 per 30 feet of street frontage and 4 inches in caliper be installed along Siskiyou Boulevard and Walker Avenue prior to the issuance of a certificate of occupancy. Street trees along Siskiyou Boulevard FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 shall be located behind the sidewalk and any sidewalk cuts shall be covered by permeable hard surfaces such as pavers or grates and be irrigated. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards and incorporate root barriers if applicable. 5. That bicycle parking be installed in accordance with the design provisions of Chapter 18.92 prior to the issuance of a certificate of occupancy. Final location and rack design to be submitted for review and approval at the time of submission for a building permit. 6. That electric load data and meter location be provided for review and approval by the Electric Department prior to the issuance of a building permit. 7. That the location and final engineering for all storm drainage improvements associated with the project be included as part of Building Permit submission for review and approval by the Planning and Engineering Divisions. 8. That all requirements of the Ashland Fire Department be complied with prior to the issuance of a certificate of occupancy, including but not limited to the installation of a security key lock system. 9. That the driveway along Walker Avenue be shifted to within five feet of the southerly property line. This modification including landscaping shall be reflected on a FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 revised site plan and be reviewed and approved by the Staff Advisor prior to the issuance of a building permit. 10. That temporary fencing be installed around the dripline of all trees noted to be saved on the submitted plans prior to any site preparation (i.e. grading), storage of materials or the use of construction vehicles on the property. 11. That the following measures be incorporated during the project's development to ensure the health of mature trees to be preserved: a. A limitation on the amount of fill within the dripline. Fill to consist of a sandy composition, rather than clay, to enhance drainage. b. Cuts within the dripline being kept to a minimum. c. No fill to be placed around the trunk/crown root. 12. That any violation of the condition noted above caused by the Applicant, property owner or general contractor, resulting in the death of a tree within two years, requires that the dead tree be replaced by a comparable tree (2" in caliper) that will grow to a comparable maximum height with a similar canopy spread. 13. That 10% of the residential units shall be affordable {or moderate income persons in accord with the standards established by resolution of the Ashland City Council. 14. That pedestrian-scaled lights no greater than 14 feet in height, or functional equivalent, be installed adjacent to the sidewalk along Siskiyou Boulevard and Walker Avenue at regular intervals prior to the issuance of a certificate of occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 15. That construction details for proposed seating/benches, transit shelter, retaining walls and covered bicycle structures be provided for review and approval at the time of issuance of a building permit. 16. That the area defined for installation of interlocking pavers (adjacent to the cedar tree be expanded by approximately eight feet to 10 feet to include the tree's entire dripline and beyond. This modification shall be included on the site plan at the time of issuance of a building permit. 17. That the site plan be amended, prior to the issuance of a building permit, to include 1,090 square feet of "public space" as noted under Site Design Standard II-C-3b(1), excluding walkway area. DATED this /~ day of ~~ , 1999. DonLaws, CouncilChai~erson ( CLIENT\JANSEN\FINDINOS. DOC ) 2/10/991am FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20