HomeMy WebLinkAbout2001-02-13 Planning MIN
ASHLAND PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 13, 2001
MINUTES
CALL TO ORDER
The meeting was called to order at 7:10 p.m. by Chair Mike Gardiner. Other commissioners present were Marilyn
Briggs, Ray Kistler, Mike Morris, Alex Amarotico, Chris Hearn, John Fields, Russ Chapman, and Kerry KenCairn.
There were no absent members. Staff present were John McLaughlin, Bill Molnar, Mark Knox and Sue Yates.
APPROVAL OF MINUTES
Hearn moved to approve the Minutes of the January 9, 2001 meeting. Ken Cairn seconded the motion and the
Minutes were approved.
The Minutes of the December 12, 2000 Hearings Board were approved.
APPROVAL OF FINDINGS
Chapman moved to approve the Findings for PA 2000-126, Hearn seconded the motion and the Findings were
approved.
PUBLIC FORUM
- No one came forth to speak.
TYPE III PUBLIC HEARING
PLANNING ACTION 2000-124
REQUEST FOR A COMPREHENSIVE PLAN MAP AMENDMENT, ZONE CHANGE (R-1-7.5 TO C-1-D) AND
SITE DESIGN AND USE REVIEW TO ALLOW FOR THE RENOVATION AND CONSTRUCTION OF AN
ADDITION TO THE BUILDING LOCATED AT 51 WINBURN WAY (I.E. HILLAH TEMPLE BUILDING) FOR USE
AS CITY OFFICE SPACE. ALSO A REQUEST FOR ADMINISTRATIVE VARIANCES TO FOUR OF THE
DOWNTOWN DESIGN STANDARDS, SECTION VI, OF THE SITE DESIGN AND USE STANDARDS.
APPLICANT: CITY OF ASHLAND
STAFF REPORT
Molnar reported this action was reviewed last month and continued to this month’s meeting. It appeared, through
an informal poll of Commissioners that the zone change request was justified. The main issues surrounded the
details of the design. Additional details have been provided on a revised set of drawings, showing specific details
of the building materials which give depth and texture to the building. Color and brick samples have been provided
as well. Staff feels that with last month’s information and the additional materials and comments provided by the
applicant, they are still recommending approval. The overall site plan improvements proposed for the building are
in context with the downtown and represent a substantial improvement to the property.
This action was presented to the Historic Commission. A written memo has been provided this evening by the
Historic Commission. They felt it was a well-designed project and historically compatible. They raised some issues
regarding the entrance pavilion because it felt too contemporary. They were pushing for changes to the entry that
would reflect a more traditional design as seen on the schematic in the packet that shows the entry gable with an
extended eave. The gable is solid and the columns to either side are brick. Staff suggests that the Historic
Commission members be allowed to speak before anyone else speaks so others can comment.
PUBLIC HEARING
DALE SHOSTROM, 1240 Tolman Creek Rd and member of the Historic Commission and GARY FOLL, 925 B
Street, member of the Historic Commission spoke.
Foll said their purpose tonight is to represent the Historic Commission and read into the record the memo they
wrote concerning the Hillah Temple. Shostrom read the memo into the record outlining their concerns.
Briggs said the Historic Commission touched on the same things she had. Would the Historic Commission think it
would add to the civic appearance of the building to have a clock? Shostrom and Foll said the Historic Commission
did not discuss this, but they felt it would perhaps add civic character to the building.
GREG SCOLES, City Administrator and MARSHALL BALFE, architect, represented the applicant.
Scoles said they were responsive to the Commission’s concerns, and the staff report outlines the materials they
have provided this time. They have provided larger scale drawings and more details. The comments made by the
Historic Commission are legitimate regarding the entry of the building. As they move into the development phase,
Scoles wants to take into consideration their comments. He hopes there will be some flexibility with the ability to
incorporate some of the Historic Commission’s ideas. The Commission could word a Condition so the Staff Advisor
and Historic Commission could have input. Scoles said the proposed Conditions are acceptable.
Balfe said specifically the changes they made were to incorporate the pavilion into the existing structure. In order
to do this, they had to raise the ridge. They also incorporated the strong horizontal band under the windows. They
went from two skylights to three smaller skylights and made some changes to provide some backlighting for the
clear story windows in the front. Balfe showed the concrete and brick samples and paint color and fascia samples.
There is an awning over the entry and the thought is to do the fascia in copper and let it darken to match the roof.
Scoles said there is an existing tree not shown on the plan that will be retained. There was discussion about
flipping the parking at the meeting. They looked at that and it does make some changes to the building that are
relatively unacceptable. Some utilities would have to be moved, the existing planter area and drive approach and
trees would have to be removed. They also looked at putting a planter alongside the sidewalk. Scoles said there is
only about 18 inches to do that. They did not feel it would be a useful planting area if cars are parked all the over it.
Fields wondered if there would be any kind of delineation of the walkway through the parking lot from the Alice Peil
walkway. Scoles said they talked about that but there is no traffic in there. They are planning on doing an
extension of the concrete treatment now seen around the Winburn Way Bridge.
Fields wondered if there would be any kind of a raised walk or something that would protect cars from running into
the building (bumpers, tire stops). Balfe said they have bollards along the corners of the buildings.
Briggs said she respects the Historic Commission’s suggestions regarding the façade and she is pleased they are
going to go along with that. She wondered if the concrete to the left and right of the door could go all the way up?
If it could do so, it would give a real sense of power. Marshall said they would try to do that.
Briggs discussed the parking again. She made a sketch after the last meeting showing the parking up against the
building so the entry to the park would not be a parking lot. We are a City entity and so is the Parks Department,
both having to deal with sense of entry. By putting this parking area at the very beginning of the Guanajuato Way
entry we are diminishing the sense of entry to the park. She is begging them to look at this again so the park can
have its strip of green as an entry instead of a car park.
McLaughlin added a Condition 9 that would contain wording to do certain things to be reviewed by the Historic
Commission and Staff Advisor.
Briggs asked for a straw vote from the other members about parking. Some members felt there was not a good
option. The space is tight and they wished for a better a solution. Some preferred the landscaping against the
building.
Gardiner wanted to make sure everyone had read Brent Thompson’s letter contained in the packet. Thompson
suggested we should be looking at a second story on this building. At the last meeting it was explained that the
foundation of the existing building was inadequate to support a second story and would be an added expense.
Fields said there is resource efficiency in salvaging the building. The building would have to be demolished to build
a second story but in this case, it is a good re-use of the building.
Briggs said she found that September 7, 1999, the City Council determined that they wanted to pursue the single
story design. She believes that Thompson has the right idea but will not apply to this.
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COMMISSIONERS’ DISCUSSION AND MOTION
Fields moved to approve PA2000-124 with the eight Conditions and the suggested added Condition 9. Hearn
seconded the motion and it carried unanimously.
Molnar asked if the Commission wanted to consider adopting the Findings with the added Condition 9 and voting
after the break.
PLANNING ACTION 2001-007
REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE
STANDARDS OPTION FOR THE PROPERTY LOCATED AT 641 TOLMAN CREEK ROAD.
APPLICANT: SUNCREST HOMES, LLC
Site Visits and Ex Parte Contacts – Site visits were made by all.
STAFF REPORT
Knox reported this is a request for Outline Plan approval for a 27-lot subdivision. The property is located on the
west side of Tolman Creek Road and the south side of the railroad tracks. Twenty-four new houses are proposed.
There is an existing single family residence on Lot 12. Two lots are in open space to be owned by the
homeowner’s association.
This project is Phase II of the Clay Creek Gardens that was approved two years ago. This proposal has a street
pattern connecting directly into the Phase I subdivision. Takelma runs all the way through the subdivision and
connects with Tolman Creek Road.
The base density is 23.89 units. The applicants are proposing the conservation density housing bonus and the
open space density bonus. The applicants could develop the property at 29 units but are proposing 25. Services
are available to the property. There is adequate transportation for the internal part of the development. Tolman
Creek Road, however, has little to no facilities for safe pedestrian travel. There is a narrow bike lane with no
shoulder for pedestrian refuge.
There were some issues raised by Staff that have been discussed with the applicant. The first involves parkrows.
There is an area with a three foot parkrow. The standard parkrow width is seven feet. The applicants have agreed
to extend the street over four feet in order to obtain the seven feet. The applicants have also agreed to extend the
bike path which starts off Jaquelyn Street to the central bike path consisting of a six foot surface within a ten foot
pedestrian easement.
The applicants have not shown sidewalk or parkrow improvements in front of Lot 1 or along Lot 2. Staff was
concerned that if they were going to have an alley, it really needed an outlet. The outlet caused these lots to get
shrunk so it took the opportunity for a parkrow and sidewalk off this area. Staff is somewhat agreeable to having a
sidewalk only on the one side. It is much more beneficial to the long-range aspects of the project to have the
alleyway.
Knox said Lot 19 is the other issue. The applicants do not show any improvements and Staff believes it is an
oversight and have asked that the applicants provide a parkrow and sidewalk. It will probably not be that easy to
provide it so there will be something like a bump-out for Lot 19. The applicants have agreed to research that and
do the engineering. However, there might be such a change to Lot 19 that it might affect the validity of that lot or it
might affect the lot lines from Lots 19 through 13.
Knox said there is a situation where a street block is the maximum length permitted. There are some exceptions in
the City Street Standards. It discusses mid-block connections. Staff is agreeable to that.
Knox said the applicants have shown setbacks that are not standard. Under the Performance Standards Option it
is acceptable to have reduced setbacks but with the expectation that they are truly mitigated with design. The
applicants proposed to add some design elements to their houses similar to Phase I. The specific conditions
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proposed by the applicant are shown on Page 9 of the Staff Report and are acceptable to Staff with the exception
of item #3. It is much more mandatory. The applicants have agreed, therefore, to have six foot porch.
Knox said there are two major concerns regarding Tolman Creek Road. One is from the subdivision going south
and the other is with the subdivision going north. Staff is concerned about the impact 24 new homes will have,
specifically, with children walking to the destination south, primarily Bellview School and a park facility. The
applicants have explained in their findings that there is an alternative opportunity from using Tolman Creek. The
route would be up Jaquelyn through the street grid, to Barbara and over to Tolman Creek, getting children much
closer to Bellview. Staff is accepting of that idea, however, considering the fact we are about two years away from
construction on Tolman Creek, Staff feels the applicant should pay an up-front cost of $4000 per lot plus the annual
increase that has been adopted by the City Council in 1999. That amount could be working for the improvement
district up-front.
With regard to the northbound route on Tolman Creek, there is an open storm drain and a narrow bike path. This
really is the only access from the subdivision to the shopping centers. There is also a barrier on the other side of
the tracks which is very, very narrow between the travel lane and the barrier. Staff believes this is unsafe. It is a
primary route for a lot of these residents to walk or bike to the YMCA, Bi-Mart and other services. Staff believes
there needs to be an improvement now rather than later. A Condition has been added to improve that section of
Tolman Creek.
Twenty-one Conditions have been added. Because of the numerous changes, Staff would recommend to the
Planning Commission that this hearing be continued so the applicants can come back next month, making these
changes so we can see how all of this will work out. If the Commission wishes to approve this action tonight, there
are 21 attached Conditions that reflect Staff’s concerns.
Chapman wondered if any efforts had been made to improve a way for people to cross Ashland Street from Faith.
McLaughlin said there are efforts going on currently with ODOT.
Gardiner asked if the applicant has agreed to the 21 Conditions. Knox said there is a minor addition to Condition
11. Add at the end.”…this amount shall be increased to account for inflation since February 3, 1999 as noted in the
City Council Resolution 99-09”. Knox added the applicants have agreed to all the Conditions except 11 and 12.
Fields would like the opportunity to see their revised plan and get a better idea of what is going on and would be
open to a continuance.
PUBLIC HEARING
CHARLIE HAMILTON 2277 Suncrest Road, Talent, owner of Suncrest Homes is involved in Clay Creek Gardens I.
Hamilton explained they have tried to provide a neighborhood with different house styles. They want to continue
this in Phase II. The setbacks have helped them get more variety. They are looking for a little flexibility. They are
agreeable to all but a couple of Conditions.
Hamilton noted Condition 15 which refers to a seven foot parkrow. He explained Mickelson Street is to continue
through to Phase II and there is a parkow and a sidewalk on one side. It will allow them to fit Lots 2 through 11
and be able to incorporate an alley. The extra 13 feet allows them to have the alley and that is an important
component to the project. It buffers the homes from the railroad. The sidewalk and parkrow would really go
nowhere. However, if you cross the street and continue, there is one straight line all the way down Jaquelyn,
through Lots 20, 25, 2, and 1. Placing the pathway there allows for a couple other alternatives. It allows pedestrian
and bike traffic to come up and not go to Tolman. It gives options for pedestrians and bicyclists in the meantime.
There are a couple of different options available to them regarding pedestrian traffic. Of the 20 homes sold, only
three have been to families with children. The first pedestrian option is to walk up Jaquelyn to Barbara. From
Barbara there are pathways and connections all the way to the school. The second option would be to walk on
Takelma through Clay Creek Gardens Phase I over to Clay Street which has pathways and sidewalks all the way
across. Then, students can pick up bus service on Clay Street. The third option would be school bus
transportation that can be provided temporarily. Hamilton has checked and there are school district funds
available.
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Hamilton said they want to pay their fair share. However, they are being asked to do their improvements, do
additional improvements, and then even more. He feels Conditions 11 and 12 are beyond proportion to the impact
they are creating.
CLARK STEVENS, The Richards Stevens Company, 211 Genessee Street, Medford, reiterated Conditions 11 and
12 appear to be a triple dip into an unequitable status for the subject site. In Dolan vs. the City of Tigrad there was
a “takings” issue similar to this situation. There was a proportionality that needed to be examined. What is an
equitable cost and benefit for the subject property? With the $4,000 maximum charge, additional inflation, plus off-
site improvements, frontage improvements, no nexus has been made as to how Staff came up with Conditions 11
and 12. Stevens believes he can offer several options to come up with a nexus of where they can agree as to
what would be a fair and equitable cost to the subject site. They would like to open the floor for discussion. He
entered into the record the Tolman Creek Road improvement between Siskiyou Boulevard and the Union Pacific
Railroad. The second page reflects the abutting properties onto Tolman Creek Road. He again said the applicant
would agree to pay a proportionate share for the cost of local improvement district improvements.
Gardiner explained to Stevens that the local improvement district information is not really a matter for the Planning
Commission to decide. He suggested they work with Staff on this.
Gardiner asked if Hamilton was saying the pedestrian traffic would be better served by going through the
neighborhood as opposed to using Tolman Creek. Hamilton said there are three options.
Knox said Condition 15 should read “west side” not “east side”. Hamilton agrees with that Condition. McLaughlin
said another option that may be considered is a curbside sidewalk along Lot 2 that would connect up across Lot 1.
Hamilton agreed to continue the hearing.
Kistler wondered instead of reducing the setbacks to four feet, to reduce them to three feet where there is a garage
and keep them at six feet where there is no garage. Hamilton thought they could possibly work that out on Lots 3
and 5.
The hearing will be continued for 30 days.
McLaughlin said there are two main issues. The first is the criteria for a subdivision of adequate transportation.
They are asking for 25 new homes and there will be people walking to commercial uses. What is there now is not
adequate and does not even remotely meet the standard. There has to be some facility. The applicant’s findings
do not address adequate pedestrian facilities to the north. The Planning Commission has to make a finding that
there are adequate facilities to accommodate people walking to Bi-Mart, etc. Staff’s recommendation is that these
improvements be done to a full City standard on Tolman Creek Road and across the tracks. Without it, pedestrians
are not going to have ability to cross the tracks in an adequate manner. He directed the Commissioners to look at
the pictures at the bottom of Page 5 of the Staff Report.
McLaughlin said the other issue is the LID. Staff’s recommendation comes from the adoption of a resolution on
LID’s. Part of it says if there is not a design completed, then the development will pay $4000 per lot with that
amount adjusted annually if they wish to move ahead at this time. The $4000 removes their obligation for any future
LID.
The hearing will be continued and re-noticed.
APPROVAL OF FINDINGS:
KenCairn moved to approve the Findings for PA2000-124 (City of Ashland) with the
addition of Condition 9. Amarotico seconded the motion and it carried unanimously.
PLANNING ACTION 2001-012
REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT A 3,240 SQUARE FOOT COMBINATION
KFC/A&W RESTAURANT LOCATED ALONG CLOVER LANE, JUST NORTH OF THE MASONIC TEMPLE
BUIDLING.
APPLICANT: WILLIAM H. THOMPSON
Site Visits and Ex Parte Contacts - Site visits were made by all.
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STAFF REPORT
Molnar said this is a proposal for a Site Review to construct a 60 seat KFC/A&W restaurant that will include a
covered area for ordering from the car. There was a similar proposal that involved annexation of a 1.2 acre parcel
at the south end of Clover Lane. The Site Review and Partition aspect of the proposal was denied by the
application. An appeal has been filed to the City Council.
The driveway goes around the building entering one way and exiting on the southerly portion of the site. There are
about 16 parking spaces situated around the perimeter of the building. There is a covered ordering area on the
south side of the building.
The Staff Report and application refer to a phase 2 of the project involving construction of a multi-story office
building at the back of the property. Parking and landscaping associated with that building would be installed at a
later time.
The Staff Report has raised some of the issues that came up during the annexation request. The primary issue
dealt with traffic and the impacts of this facility and trips generated on the intersection of Clover Lane and Highway
66. Two traffic studies had been prepared by Hardey Engineering looking at the full build-out of the Clover Lane
area and projected trip generation to 2020. The conclusion of the Hardey study stated that it felt the intersection
would operate at an acceptable level of service through the year 2020. They did propose a separate right-hand
turn lane be designed on Highway 66 proceeding east. ODOT evaluated the study and raised some concerns
about safety and sight distance for cars exiting Clover Lane. ODOT asked for additional information. There are
some additional addendums to the original study that look at sight distance and how many accidents have been
registered (six) over a ten year period.
ODOT has stuck by their previous recommendations requiring the applicant to make certain improvements for them
to endorse the application. They are in agreement with Hardey that a separate right-hand turn lane be constructed
onto Clover Lane. They are asking for an actual curb radius to be constructed (at 76 Station). ODOT, in order to
improve sight distance looking toward Ashland Hills, will restrict parking in front of the Chevron Station. They have
also suggested a deferred improvement agreement be required as a condition of approval, stating at a later date
there could be some other modifications needed at that intersection to restrict turning movements onto Clover
Lane—either a right-hand turn out of Clover Lane and a right-hand turn into Clover—meaning no left hand turn into
Clover Lane or out of Clover Lane. ODOT is asking for a deferred improvement agreement saying that at a later
date if ODOT so chooses, the applicant would be required to design and install those improvements. ODOT has
amended their recommendation as amended in the file. There was an issue regarding a turnaround area. If cars
or autos are forced to take a right-hand turn out of Clover Lane, where would they turn around? ODOT has agreed
that before they require any other additional intersection improvements such as a median to restrict turning, that
ODOT would have to come up with a turnaround area location. The construction would be done by ODOT and not
the responsibility of the developer.
Molnar said there are three items highlighted in the Staff Report that deal with the Site Review. The floor area ratio
standard is .35. Given the size of the lot, the applicant does not meet the standard with just building the KFC/A&W.
There are showing they will comply with it in phase 2. In order to access these types of restaurants and the
covered parking area, it necessitates a lot of circulation around the building and a lot of asphalt. Behind both sets
of parking spaces, there is anywhere from 32 to 42 feet of backup space so in order to mitigate the early phase of
development, Staff has suggested a condition to move these spaces away from the building to have the minimum
back-up space, allowing the outdoor plaza area to either be expanded or incorporate some additional landscaping
and not have such a wide back-up area. In conjunction with this, in the outdoor seating area, it is suggested the
applicant consider some type of overhead shade structure such as a lattice facility. It allows for the outdoor seating
area to be more viable.
The last item focuses on colors. There is a standard in the Detailed Site Review Zone that bright or neon paint
colors used too extensively attract attention to the building or use are prohibited. When this standard was adopted
it was to keep the focus on business identification on signage rather than creating a lot of contrasting or bright
colors to attract attention to the building. Staff’s concern with the design as proposed is primarily the checkerboard
pattern in a red and gold and the metal roof section with its alternating red and white stripes. That color scheme is
inconsistent with the standard and is specifically there to draw attention to the building and the corporate image.
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Staff has suggested the checkerboard and alternating striping go away and a more singular, muted color scheme
be considered. This standard has been applied in similar applications over the years.
Molnar said the current traffic study appears to show there is an acceptable level of service for the intersection if
the improvements, as suggested by ODOT, are incorporated. The applicant provided some additional traffic
generation figures based on gross sales of similar restaurants and have come in with a much lower generation
figure than what the Institute for Traffic Engineers shows.
Molnar said if the Commission should choose to approve the project, there are 16 attached Conditions. Condition 2
outlines ODOT’s improvements. Staff is evaluating, as part of the approval for the 65 unit hotel across from the
Masonic Hotel, one of the Conditions is that the hotel had to finish the sidewalk on Clover Lane all the way up to the
intersection of Highway 66 and Clover Lane. Staff is looking at the preliminary designs for that sidewalk and at this
point they have not been supplied with any information on how wide the right-of-way is for Highway 66 at that point.
Staff is not certain that some of the improvements that ODOT has suggested (specifically, the right-hand turn lane
and increasing the radius) have right-of-way available for the improvements. Molnar said they are thinking about
modifying Condition 2 to say “…those plans shall identify that adequate right-of-way width is available to construct
these improvements”.
PUBLIC HEARING
WILLIAM THOMPSON, 1075 Benson Way, said he does not see any difficulties with using this site for a
restaurant.
DAVE RICHARDSON, Architect, 1105 Siskiyou Blvd., did meet with Dave Fletcher from ODOT and went over
some of the items. ODOT has the information on the right-of-way but have not had time to send a crew out to
check everything. It appears there is enough right-of-way. He has not seen plans for the sidewalk. The E-1 zoning
allows for a restaurant outright. The floor-area ratio has been met. The function of the intersection is adequate.
The only thing would be ODOT's concerns about safety. The applicant is agreeable to putting in a right-hand turn
lane. Richardson still believes there needs to be a study done as to the necessity of a median strip. They don’t
have a problem with any of the items in the Staff Report. They will pull the cars out as far as they can and still be
safe. He is a little relieved about the colors. They are in agreement with a free-standing shade structure or
additional trees.
Kistler asked for the size of the building. Richardson said it is 3240 square feet. McLaughlin said the traffic study s
based on square footage. It is based on 716 trips per 1000 square feet. If the Hardey report substituted a 3200
square foot building for the 2600, it increases the average daily trips by about 400 per day—from 1887 to 2291.
Thompson did not think they would generate that much business. KFC has fewer customers but bigger ticket
averages.
Molnar said Condition 3 refers to the deferred improvements and is worded in such a way to allow for flexibility and
leave options open. There might be some alternatives to allow for both turning movements at Clover Lane.
BOB ROBERTSON, represents Pacific Western who owns the land, said they presented a traffic study that
indicated with full build-out of Clover Lane there would be adequate capacity on the street and at the intersection
even with the additional land at the end of Clover Lane to be considered. If the developer is asked to do the
intersectional changes at Clover Lane, and already approximately $750,000 have been paid by other developers on
Clover Lane in Systems Development Charges, why couldn’t some of those funds be used to do some
improvements on Clover Lane? Robertson noted the approval of a five-lot subdivision on Clover Lane in 1997 with
E-1 zoning. The Staff Report, at that time, had taken into consideration traffic generation. He reminded the
Commission the road was planned to connect Spring Creek Drive. He asked that the Commission approve this
application. Robertson said he does not object to the Conditions except he asked they not impose a Condition they
cannot do like the turning radius.
McLaughlin said if we don’t have the right-of-way and ODOT says that is necessary for the turning radius to
accommodate the traffic, does Robertson see the difficulty in approving the project if they can’t get the requisite
turning radius in? Does Robertson see the conflict with that? McLaughlin said if the right-of-way is not obtainable,
a building permit could not be issued until that is clarified.
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AL VERONE, Master of Lodge 23, Clover Lane, mentioned the letters submitted to the Planning Department
earlier. Their main concern is the possible bottleneck on Highway 66 and Clover Lane. Currently, there is very
little room with cars parked on both sides of Clover. The second concern is the elevation of the building next to
them. Is there enough room for a turnaround? Will deliveries be a problem? They have a lot of trash in the
neighborhood from Denny’s and that is a sit-down restaurant. He would like to see an eight foot wall between their
business and their building. He feels the colors are questionable. He is concerned about parking. Denny’s is
using the gravel lot next to them for cars visiting their restaurant. What will happen when that lot is developed?
DEBBIE MILLER, 160 Normal Avenue, said she was walking through the area recently and believes the whole area
needs to be looked at as far as traffic.
Staff Response
Molnar responded to Verone’s testimony. There is a lot of construction activity right now. The final design for the
initial part of Clover Lane is 22 to 25 feet curb to curb to Denny’s and posted on the both sides “No Parking”. The
street then goes to 36 feet with parking on both sides with two travel lanes. Molnar said the site plan shows a truck
route so the restaurant will come in the north side, circle around the back and proceed back towards the
intersection. As part of the planning action in 1997, there was a mutual driveway easement granted between
Masonic and this property that is currently around 18 feet wide. It is being widened to 28 feet to allow for the one-
way movement out and still the in and out of the Masonic.
Molnar explained the Commission would be approving a particular building for a restaurant. Another restaurant
could move in if it did not expand and have a similar operation. It would require a building permit for tenant
improvements. The issue of the right turn only lane has not yet been resolved. Before KFC can open their doors,
the way the Condition is written now, they would have to have the turn lanes and turning radius in.
Fields wondered if Staff concurs with Hardey Engineering’s conclusion when this area is completely developed in
15 to 20 years. McLaughlin said there is no information to conflict with the report.
Rebuttal
Richardson believes Molnar adequately answered the questions. The driveway has been widened toward the
KFC/A&W so a larger truck can get out.
Thompson said they were going to put some additional buffer on the side of the Masonic Lodge to help the noise
situation. His contractual agreement with KFC states that if a franchise fails, major modifications would be required
to the building.
Robertson said the traffic study talked about the right-hand turn lane but it said nothing about the radius. He asked
if they could figure out the radius as soon as possible. He asked the Commission not Condition approval on the
radius change. If the city does not have right-of-way and has to go through condemnation, he does not want to be
held up.
With regard to Condition 3, Molnar said the worst case would obligate this owner to bear the cost of designing and
constructing a median to restrict turning movements. An acceptable alternative design could occur that would be
equal to or lesser in cost and be a better solution.
McLaughlin stated he respectfully disagrees with Robertson with regard to the turning radius. ODOT specifically is
requesting the radius be addressed. He understands the difficulty that raises for the applicant, however, it is a way
identified by ODOT as a way of accommodating this use and this amount of traffic. Without it, we do not anything
to show that everything is okay.
COMMISSIONERS’ DISCUSSION AND MOTION
Amarotico read the purpose of the E-1 zone. He is not confident this type of use provides an aesthetic environment
with minimum impact. Gardiner noted it is a permitted use for that zone. Amarotico said a take-out restaurant does
not make an eating, drinking, entertainment establishment. Staff interprets this use is a restaurant and an allowed
use in the zone.
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FEBRUARY 13, 2001
Gardiner is torn as he feels like they should approve this project but he has a concern with Highway 66. They have
a study in front of them. There is going to a lot of pressure from the businesses on that street trying to turn left and
then move to the freeway. He believes sooner than later ODOT is going to have to come up with a plan. He
believes the Conditions of this application address the responsibilities of this applicant when this happens. He
believes the application meets the criteria.
Fields said we are skipping over the right turn from Clover onto Highway 66. A truck will turn right and then make a
U-turn someplace to get back on the freeway. That is the inadequacy of the report and he does not see the
solution. The solution we have is unacceptable. McLaughlin doesn’t know what the timetable is on an overpass
either.
Gardiner moved to approve PA2001-012 with the attached Condition. KenCairn seconded the motion and it carried
with Fields and Amarotico voting “no”.
OTHER
March Meetings
The March 13, 2001 Regular Meeting will be rescheduled for March 27, 2001 at 7:00 p.m. The Hearings Board will
still convene on March 13, 2001 at 1:30 p.m.
ADJOURNMENT
– The meeting adjourned at 10:30 P.M.
ASHLAND PLANNING COMMISSION
9
REGULAR MEETING
MINUTES
FEBRUARY 13, 2001