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HomeMy WebLinkAbout2008-05-13 Planning MIN Barbara christensen - 2008-0513 Planning MIN.docPage 1 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 CALL TO ORDER Chair John Stromberg called the meeting to order at 7:04 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present:Council Liaison: John Stromberg, ChairCate Hartzell, Council Liaison Michael Dawkins Mike Morris Debbie Miller Michael Church Pam Marsh Staff Present: Melanie Mindlin Tom DimitreBill Molnar, Community Development Director Maria Harris, Planning Manager Absent Members: Carolyn Schwendener, Account Clerk Dave Dotterrer, excused ANNOUNCEMENTS Molnar announced there will be a May 27, 2008 Study Session. The topic of discussion will be Land Use Incentives and Regulatory Barriers to Affordable Housing. romberg introduced new members Debbie Miller and Mick Church. St APPROVAL OF MINUTES April 8, 2008 Hearings Board Minutes: Mindlin/Stromberg m/s to approve. Voice Vote: The minutes were approved. April 8, 2008 Planning Commission Minutes: Dimitre/Marsh m/s to approve. Voice Vote: The minutes were approved. April 22, 2008 Water Resources Study Session/WorkshopMinutes: Dimitre/Marsh m/s to approve. Voice Vote: The minutes were approved. PUBLIC FORUM No one came forth to speak SPECIAL PRESENTATION Special report on photo inventory of riparian areas. Southern Oregon University Intern Project – Pat Acklin is an Associate Professor of Geography at SOU and teaches in the Environmental Studies and Social Science Policy and Culture Departments. Ms. Acklin introduced her students that are in a course called Planning Issues. The students are from Geology, Geography, in Land Use Planning. and a number of Environmental Studies Options including a Social Policy Option. Many of the students have a minor The students then gave their presentation. gave a brief explanation of their methodology. She reported that the class was divided up into four different groups each JARAH JOHNSON or four members. Each team was assigned individual creeks to survey. They then took all of the data back to the Geography with three Computer Lab at SOU and compiled the data into GIS format. Ms. Johnson said for the inventory of the streams the teams used GIS units. field maps that were produced for them. They surveyed a number of categories while in the field; upstream and downstream They also used photographs, general landscape description, described the canopy cover, discussed the types of riparian vegetation, assessed the stream and assessed the channel widths and riparian widths. and bank conditions gave his report and video presentation on the Meadowbrook Park open space on lower Clay Creek. Mr. Thomas said the TROY THOMAS ich has caused an entrenchment of the area was heavily landscaping with a very low canopy cover. There has been significant erosion wh in the area. Mr. Thomas said that areas with better erosion patterns that are more native landscaped is noted on an excel spread channel Church inquired how much of Clay Creek they sampled. Mr. Thomas confirmed they sampled everything south of Siskiyou, Upper sheet. not finished yet. The plan is to eventually sample all of Clay Creek at hundred Clay Creek and parts of middle Clay Creek though they are oot intervals. Molnar gave the background about this development. He stated it was annexed into the City in 1988 and the prior property f Barbara christensen - 2008-0513 Planning MIN.docPage 2 had done quite a bit of altering the natural environment. As part of the plan for this development they had to redefine the channel. owner reported on Beach Creek from the watershed area above Siskiyou Blvd down to North Mountain Park. Ms. MARY LYNN HONLOSER Honloser showed how the area was heavily covered with blackberries and estimated the channel width to be about four feet. It’s in a wide V Downstream is only about one foot wide, some grasses both native and nonnative along with Hemlock, shape valley with no canopy cover. and Alder trees. Willow reported on Cemetery Creek which runs adjacent to Clay Street Park under Ashland Street into the cemetery. It has SHAWN STAFFORD the stream banks. Mr. erosion in the upper section near the Park. The City recently planted Nine Bark, Red Twig and Hawthorne along canopy cover is very minimal with a little more down by the railroad tracks by the private property. Stafford said the group inventoried Roca Creek from Roca Street behind SOU down to Millpond Road. Ms. Dolasar-Jensen TRACY DOLASAR-JENSEN’S it was a V shaped canyon with steep banks and the area was heavily eroded. An erosion control measure had been used that was said ze the erosion in that area. The stream itself was fifteen inches to two feet wide however the riparian area doing little to nothing to minimi wide. There was light to medium canopy cover and the vegetation from top of bank to top of bank was between fifteen and twenty feet English ivy and blackberry bushes. Some areas had blackberries so heavy you couldn’t even see the consisted of crab grasses, snowberry, , stated Ms. Dolasar-Jensen. creek Ms. Acklin reported that by the time they finish this project they will have added Ashland Creek and Bear Creek, where it is in the City limits. year’s class only took on lands that were publicly owned or open space that came with a development. Ms. Acklin said that perhaps a This but the private lands will be done by next year’s class. Marsh inquired how to get access to the various student intern might finish this up ues that the students described in terms of their findings. Ms. Acklin said that at the close of the quarter a student is taking all the data and h a map of riparian areas. Ultimately the date will be given to the City. putting it into The Commissioners acknowledged what a terrific presentation this was. TYPE III PUBLIC HEARINGS PLANNING ACTION: 2007-01313 APPLICANT: City of Ashland A proposed Chapter 18.63, Water Resource Protection Zones added to the Ashland Land Use Ordinance addressing DESCRIPTION: ian area protection, and revisions to Chapter 18.62 Physical and Environmental Constraints regarding Riparian wetland and ripar Preservation Lands. Stromberg announced this is a continuation of the Public Hearing from the April 22, 2008 meeting. Stromberg asked Harris to review the key then the Commission will ask questions followed by audience comments. After Harris’ presentation if there are further issues one at a time audience comments Stromberg said they will be given an opportunity at that time. STAFF REPORT Harris gave a recap of the April 22, 2008 Public Workshop. Harris reported eighteen hundred written notices were mailed to property rs with water resources on their property or within fifty feet of their property. State law requires noticing the public when a proposed owne Land Use regulation may affect the use of the property. Harris said there were about forty people at the workshop with about thirteen Staff also received a number of written comments. Harris took the summary of the comments from the workshop as well as all the testifying. and identified key issues and common themes. Harris noted that all of the comments received so far pertain to streams. written comments The main concern is about how the proposed Stream Bank Protective Zones will affect their properties. Five Key Issues: Harris said the way the draft ordinance is written now it requires native plants to be planted 1) Local Native Plant Species Requirement – Stream Bank Protection zones. Harris said the concerns raised at the meetings were that in newly disturbed or newly planted areas in people should have the right on their private property to use that protection zone and landscape it the way they see fit. Staff suggested as an -native vegetation. option to look at allowing a percentage of non Commissioners Discussion and Questions Dawkins questioned when he saw the slide of Cemetery Creek and that the City actually planted non-native plants, how does that fit in? properties are treated the same whether they are private property or City owned. If non-native plants are in place Harris confirmed that all Ordinance goes into effect they can remain. when the ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 2 Barbara christensen - 2008-0513 Planning MIN.docPage 3 Mindlin asked staff to take a moment and explain why it’s important to have native plants. Molnar explained that first and foremost as you structure to withstand get closer to the creek native plantings evolve into creek environments so they have an ability through their root said there is a contribution of natives to flooding events and they are able to essentially deal with how a creek evolves over time. Molnar ,erosion control, water quality and habitat. habitat type of leaf fall and how it provides a certain nutrient to the aquatic life suggested it might be a good idea to make up a list of native plants similar to the Street Tree list. Dawkins Stromberg asked how you would determine the percentage that can be used for non-native plants. Harris said their idea was to take the total the protection zone on their property and then assign a percentage that could be in non-native landscape. Church inquired square footage of how would you enforce and police this. Molnar answered that as with other ordinances they often look through voluntary compliance and public education. Often enforcements come because of a complaint. Public Testimony , 468 Helman, shared his concerns about Ashland Creek. Mr. Landt said most of what he has done is consistent with the RICK LANDT ordinance. He is concerned if we only keep the trees that are six inch in diameter breast height, in a riparian area you will never proposed ve sustainability and if you didn’t allow the saplings to grow you would eventually end up with nothing. Mr. Landt gave an example of a non- ha native Black Walnut tree down by Ashland pond that made it through the 1974 and1997 floods that’s currently holding the bank but the way the ordinance is written it could come down. , 1065 Paradise Lane, said native plants are very useful but non-native plants can be also. Mr. Duncan believes that as ROYCE DUNCAN are doing the right thing whether they are native or non native plants. long as you have a vegetative cover on the channel you said there are three layers in the riparian zone; tree canopy, woody material and perennials. Mr. Landt believes the perennial RICK LANDT He has tried to grow riparian plants and has not been able to establish them. Mr. Landt has material is a problem that needs to be looked at. -native plants that are tougher and he is at least getting vegetation to grow. He said next to the creek it would be now taken some non acceptable to have native plants though he is not in favor of lawn because it is problematic. Molnar explained that it’s not so much about the functions that those plants provide. If there are non-natives that trying to protect native plants but the primary purpose is to protect e appropriate. provide similar functions as natives that is something that might b said that because of the climate change what is growing here currently successfully might not continue to grow here successfully and Mindlin that into consideration when talking about what the approved plants should be. they may want to take Harris reported that there was concern about the definitions used in 2) Landscape Maintenance in Water Resource Protection Zones - non-power assisted equipment and power assisted equipment. Basically the way the ordinance is written now you the Ordinance regarding Stream Bank Protection Zone with non-power assisted equipment to remove invasive or noxious vegetation. Harris said you do can go into a . The intent behind that is to control activity with machinery that could damage the need a permit if you use power assisted equipment . They are suggesting instead of the non-power, power protection zone. Harris said staff agrees this definition could use some fine tuning the use of hand held equipment as an exempt activity. Another concern expressed was that if you do allow hand assisted, they are thinking which can get into the riparian areas and cut everything off. One way to address that is to held equipment that would include weed eaters prohibit the use of weed eaters from the area from the stream to the top of bank. Public Testimony said using a weed eater is almost like having gun rights. Mr. Lucas said it’s a huge assumption being made that someone RICK LUCAS l in order to encourage some of the might just mow down everything and put the stream at risk. He uses a weed eater as a selective too ones they have introduced to give them a chance to get a head start against other woody shrubs that have either been planted naturally or Mr. Lucas believes it would be a good thing to educate everybody about these riparian areas because some people the invasive grasses. what’s good and what’s bad. He suggested that guidelines might be better then an ordinance. One idea would be to send out don’t know listing the things we can do to help the streams to be healthy, stated Mr. Lucas. flyers stated that he has an area with a canopy that he mulches and keeps the blackberry plants down by using a weed eater ROYCE DUNCAN and a self propelled wheeled mower. It’s very successful. , 1370 Tolman Creek Road, shared that he is basically against this ordinance change for many reasons. He has ZACH BROMBACHER thirteen acres on Tolman Creek Road that he has owned since 1967 near Hamilton Creek. Through the years he has developed a few undeveloped. Mr. Brombacher said he has people on a weekly basis maintain the property by things but still has about six acres that is ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 3 Barbara christensen - 2008-0513 Planning MIN.docPage 4 ing up garbage from Bi-Mart, weed eating around things to keep it clean and they use a mower. He also has seven and a half acres on pick man. Though the years Mr. Brombacher has gotten rid of lots of blackberries and recently by hand redid all the rock in the creek upper Tol on his property. Mr.Brombacher acknowledged he is starting to get resentful because they are talking about something that is changing way had for a long time as well as possibly devaluating his property. Where TID is located on both of his properties Mr. Brombacher what he has he goes in and weed eats, uses an excavator, and just generally cleans things up in order to provide access. He anticipates being in said trouble all the time. said with larger pieces of property they could allow the use of weed eaters or lawn mowers. Another option is to provide education Molnar and try to get the people to recognize plants and work around them. Molnar questions the success of that option. materials in those instances explained that what they are raising here is the possibility of different things being appropriate in different circumstances. Molnar Stromberg replied that he has seen a few communities address larger areas coming in on the front end with a larger area management plan where you That remains on file and is understood there is a work with the property owner identifying where you’re going to introduce native plantings. using equipment and managing it as long as you stay away from certain areas. maintenance plan for going in and believes it will take a lot of management and maintenance to keep the evasive species from taking over. Mr. Royce DUNCAN ROYCE partment regarding their policies to cut down grasses for fire safety. Harris said there is a asked if we should coordinate with the fire de provision in the Draft Ordinance that fire prevention control in accordance with an approved fire management plan is exempt. Mindlin was concerned if they limit access to work with tools what extent might that encourage herbicides? Harris explained these are structures and activities that are placed in the Stream Bank 3) Nonconforming structures and activities - ne that are existing before the ordinance goes into effect. Currently the way the draft is written it would require a Planning Protection Zo Approval for the replacement of an existing structure in a Water Resource Protection Zone. Harris said outside of the downtown the most residences or commercial buildings but small outbuildings, decks, retaining walls, patios, etc. Sometimes common intrusion is not usually Flood Plain and probably need those are not legally established from the beginning. The buildings downtown on the Plaza are clearly in the to be exempt. Harris suggested one option the Commissioners might look at in place of a Planning Action would be to exempt legally conforming structures. The property owner would have to show it was legally established, which can sometimes be difficult to established non Planning Approval in for accessory show. Another approach would be to exempt main primary buildings on a property but still leave the buildings, outbuildings, decks, retaining walls, etc. taff showed photos of nonconforming structures. S Mindlin asked if someone had to go through a planning action what would the criteria be for that planning action? Molnar responded saying one question you would ask is there areas on the property outside the protection zone where the use or structure could be suitably located. one of the primary benefits is actually to make the situation better over time with the ability to remove these Church commented nonconforming uses. acknowledged the biggest issue he has with the ordinance is the buffer zones. As we impose larger buffer zones on ROYCE DUNCAN we’re going to do is trigger hundreds of properties that fall into the existing nonconforming use. For a citizen to put together existing fabric all costs thousands of dollars and he believes this is throwing a tremendous burden on the home owner. an application , 70 Water St., owns a piece of property entirely in this protection zone. Mr. Sheldon is encouraged by the inclusion in GRAHAM SHELDON ordinance for some protection for nonconforming uses because his property, the Ashland Creek Inn, is a classic definition of a the draft conforming use. Mr. Sheldon would like the Commissioners to draw a distinction between a legally permitted deck verses something that non ut though that process. Mr. Sheldon said for those who have gone through the appropriate process and done it right it seems had not been p lmost a penalty to make them go through the process again. He is lobbying for the option that if it’s a legally done and permitted structure a and you can demonstrate that, then you don’t have to go through the whole process again. legitimate concerns. Molnar said they have gone through a similar format under the Flood Plain Molnar acknowledged Mr. Sheldon had and have treated commercial properties with a little bit more flexibility because of other public benefits recognized. Ordinance Hartzell said with this process where is the room for adaptation? If it was engineered to a hundred year flood we’ve learned something if a making the argument it could be made to go ahead and put it through with a modified process. Molnar flood comes through and took it out example that Lloyd Hanes built the Shasta Building downtown. The creek side had a deck that went right down to the water and he gave the and bring back some of the setback to 10 or 12 feet. wanted to build to that original footprint. Molnar said the feeling was they should try ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 4 Barbara christensen - 2008-0513 Planning MIN.docPage 5 said in the forty years he has been developing the property across from Bi-Mart things have changed immensely. He ZACH BROMBACHER the time. When this ordinance is decided upon he would like written assurance that the City has done everything according to the rules at will not change anything else on him in the future. Over the years he has had to adjust because of the different regulations that came into place. just today received approval to construct a building in the Falcon Heights Subdivision. Not knowing when this ordinance DONNA ANDREWS effect she wanted to know what her security is as far as the approval in moving forward. Molnar explained that her approval is will go into and is subject to the requirements on the books when she applied. valid for one year , City Attorney, explained that nonconformities are just a way for existing situations to continue and not take things RICHARD APPICELLO The importance of nonconformities has to do with the primary use of the property. It’s really about saving the primary use of the away. effect of the new regulation. We don’t necessary want nonconformities because it preserves something under the old property from the Mr. Appicello said “Don’t take away from the legislative bodies’ ability to enact new regulations.” If you adopt a regulation you want it to rules. be effective. The Commission took a five minute recess. Harris reported there are lots that have been created throughout town that are 4) Nonconforming Driveways and Building Envelopes- next to one of these streams that has identified a building envelope that meets the current regulations for flood plain or riparian setbacks. Under the existing ordinance there are no provisions to exempt those. In terms of options staff suggested they could put exemptions in for they would be exempt of construction of new driveways if the location specifically was approved prior to the adoption of those vacant lots so Another option is to exempt construction of new structures on vacant lots in previously approved building envelopes. the ordinance. The current ordinance defines the top of bank as the elevation at which the water overflows the natural banks 5) Top of Bank Definition- inundates the upland areas. If it’s not clear where the top of bank is there are two options you can look at; the two year interval flood and eater. Harris said the concerns raised was the top of bank definition is too elevation or the line of aquatic vegetation whichever is gr . It was suggested that they just use the flood plain rather then a new area to regulate and perhaps use the center line because it’s subjective a lot easier to find and measure. Harris showed the different points you can pick in which to measure a protection zone. The staff explained how they find the centerline of the creeks. Harris said it’s currently written in the ordinance that an application involving a single family residence on existing lots would have an planning staff. Harris acknowledged one of the reasons they are reviewing this ordinance is to meet the option to use on site verification by number five in terms of protection of Riparian Areas. As part of that administrative rule there is something Oregon State Planning Goal Safe Harbor Approach. Harris said the Safe Harbor is a prescribed path in terms of protecting the significant resources which in our called a Riparian Corridor fifty foot setback class. case are the Dawkins/Dimitre m/s to extend the meeting until 10:00 pm. Voice Vote: Approved “Why not Use the Flood Plain for the Stream Bank Protection Zone.” Harris showed a slide of Creeks to show it has Someone had suggested narrower area then the flood plain. If you extended those regulations into the flood plain you would be looking at regulating a lot bigger a lot he map also showed that it’s not making a lot more properties nonconforming and affecting the divisibility of lots. area. T Public testimony , 897 Hillview Drive, spoke representing the Ashland Watershed Partnership. As a group that has long supported the City of CYNDI DION recommendations. Those Ashland in creating a carefully thought out Riparian Ordinance Ms. Dion said they would like to make given to the Planning Commissioners in written form and Ms. Dion read them. recommendations were , 1525 Baldy Creek Road, with the Bear Creek Watershed Council congratulated the Commission for their patience and JOHN WARD grapple with things that are not necessarily easy. The Watershed Council believes that the kind of work you are tying to do by dedication to Stream Corridor protections is probably the most important thing you can do, stated Mr. Ward. He establishing these wetland and situation in Ashland is unusual because you are living at the base of a mile of drainage area. The Watershed Council commented that the to work with both the City and TID to benefit the streams and continue to meet irrigation requirements. Their web would like the opportunity www.bearcreek-watershed.org. address is: Dawkins/Mindlin m/s to extend the meeting until 10:30 p.m. Voice Vote: Approved. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 5 Barbara christensen - 2008-0513 Planning MIN.docPage 6 Mindlin said a number of people made comments in the written information they received about concerns with pesticides, herbicides and and suggested that they be chemical fertilizers. Mindlin said chemical problems can be a threat to the things they are trying to protect ordinance. included in this Morris asked if this is a protection ordinance instead of a bring it back to natural state Ordinance. Having a lot of creeks that are TID creeks pumps, little drainages, ditches going across, gate valves, etc. what is being address about what you can do to a creek that you are with irrigation out of inquired Morris. Molnar said maintenance of existing irrigation lines and pumps is exempt. Molnar confirmed actually pulling a protection ordinance and said it is the responsibility of all property owners regardless if they’re going to do land development or this is visions to maintain the resource to a certain level. di commended the Commission for their work on the ordinance but believes for many reasons why it’s not time for the Planning RICK LANDT to make a decision. Mr. Landt sees inconsistencies and believes changes need to occur. He would like to see this go back to a Commission smaller group for recommendations. the letter dated May 11, 2008 from Dave Dotterrer who was absent due to work. Church read COMMISSIONERS’ DELIBERATIONS AND DECISION Marsh/Morris m/s to continue the meeting to the June 10, 2008 meeting. Roll Call: The motion carried unanimously. UNFINISHSED BUSINESS A. Planning Commission Rules The Commissioners discussed the Planning Commission Rules. Mindlin/Dimitre m/s to approve the rules as presented with the exception that rather then notifying the Planning Commission Chair in an absence they would notify the Planning Director. The 5:00 p.m. deadline for notification will also be removed. Roll Call: The motion carried with Dimitre, Marsh, Mindlin, Miller, Dawkins, Church and Stromberg voting “yes” and Morris voting “no.” B. Appointment of third member of Hearings Board for June through August The Commissioners will work this out through email. OTHER Powers and Duties (AMC 2.12) Did not have time to address A.Planning Commission Planning Commission Annual Retreat-look at new powers and duties. The meeting will be held on Saturday B. May 31, 2008 at the Community Development and Engineering Building at 51 Winburn Way. ADJOURNMENT - The meeting was adjourned at 10:30 P.M. Respectfully submitted by, Carolyn Schwendener, Account Clerk ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 13, 2008 6