Site Visits and Ex Parte Contacts - Site visits were made by all except Black who had a drive-by visit.

STAFF REPORT
McLaughlin said the existing house is in the process of being moved and the garage demolished. The Staff Report outlines the specifics of the proposal. Staff believes the Tree Removal Permit is justified. Overall, Staff feels the design is appropriate. The architectural style tries to incorporate the upstairs unit more into the roofline of the building instead of a second story design. Landscaping is generous at 50 percent.

Staff's only concern is solar access. There is a conflict that occurs between the solar access ordinance and some of the desirable designs that are encouraged in the community. The applicants could have combined the units into an apartment building, similar to others seen in the neighborhood and they would comply with the solar access ordinance. Instead, Staff has encouraged a more sensitive design by breaking up the masses into smaller buildings. In trying to maintain the density and distance between buildings, there are shadows that conflict with portions of the ordinance. The applicants have made a case about using flexibility within the Performance Standards to allow for their design. The resolution is to either bring the buildings together into one with no shadow between buildings or the density is reduced to eliminate some buildings so there is no shading, both of which run counter to the City's desires. The applicants are proposing up to an eight foot shadow on the south wall of the building. Is it appropriate in a multi-family zone within the flexibility of the Performance Standards to consider that as part of this development? Solar access meets all requirements for the property to the north so there is no impact off the project site. The higher shadow on the wall still allows rooftop solar access for future solar installation by a future owner should they request it.

McLaughlin said the Commission could accept a Performance Standard for the solar within the development as they have done in the past. An eight foot high shadow could be found appropriate. Or, the Commission can say it is excessive and go lower - a four foot shadow on the side of a building

Briggs would prefer a configuration that would allow more sunlight into each unit.

PUBLIC HEARING
Hal Dresner, 1550 Tyler Creek Road, is sitting in for Evan Archerd.

Tom Giordano, 2635 Takelma Way, architect and project planner, said his client's intent has created a residential project that meets the minimum density requirement of the R-3 zoning district and is compatible with existing development patterns in the neighborhood providing less expensive housing and guaranteed rental units. Most of the units on Lincoln are cottage style homes. The only large apartment building is on East Main Street and Lincoln. Giordano accomplished the small size by creating a vaulted second story, creating a story and one-half. This cottage style makes high density living more livable. There are eight buildings instead of two large structures. The design concept guarantees relatively inexpensive "for sale" as well rental housing. If necessary, these units could become condominiums and then solar access would not be an issue. However, Giordano believes the Commission can find that the project meets the intent and purpose of the Performance Standards. These standards are a quality of life equal to or greater than what would be provided by a development built under standard zoning codes as well as an aesthetically pleasing development. It also provides for more efficient land use and a reduction of adverse impacts on the natural environment in the neighborhood.

Giordano said he tried different design configurations to eliminate solar shadowing. He tried to limit where the buildings are shaded. Stairwells, storage and bathrooms will be about 60 percent of the shaded areas.

Dawkins is happy to see a lot of open space. Whatever solar problems there are is worth the trade-off considering what would have to be done to rectify that problem by creating one or two buildings. This has a nice open layout.

Staff Response - None

Rebuttal - Giordano said to shift the northeast unit back would change the whole design. If they start moving the buildings around, they would still have to meet distance between buildings. Briggs said she would rather see the stairs, storage and bathrooms on the north side.

COMMISSIONERS' DISCUSSION AND MOTION
Dotterrer/Dawkins m/s to approve PA2004-129 including the establishment of the solar access standard of eight feet. Include in the Findings that the reason for the Commission's decision is it related to the R-3 zoning district and maintaining smaller profile buildings and separate structures. Roll Call: Unanimous.

B.     PLANNING ACTION 2004-135
REQUEST FOR SITE REVIEW AND TREE REMOVAL PERMIT FOR THE CONSTRUCTION OF AN APPROXIMATELY 11,850 SQUARE FOOT, THREE-FLOOR, MIXED USE BUILDING LOCATED AT THE NORTHEAST CORNER OF LAUREL AND HERSEY STREETS.
APPLICANT: KURTZ-WALSH PROPERTY/RICK LANDT

Site Visits and Ex Parte Contacts - Everyone had a site visit with the exception of Fields who did a drive-by site visit.

STAFF REPORT
McLaughlin showed photos of the site and surrounding area. The existing house will be removed. The Staff Report outlines the specifics of the project. Staff generally supports the project, noting the site plan and proposed building design substantially exceeds the minimum requirements of the Site Design and Use Standards.

There are two buildings proposed. Parking is to the rear off the alley. A three-story mixed-use design is proposed going up to the allowable height in the district of 40 feet. Garages are proposed in the structure to provide parking for the upstairs housing. A one-way access point is proposed from Hersey Street to the parking area. It will ultimately be shared when the adjacent property redevelops in the future to allow for a two-way access. The City's ordinances encourage shared access.

McLaughlin said the only part of the application that requires an exception is for a ten foot landscape buffer back from the street. The intent of the ordinance is to encourage some landscaping to hide less attractive industrial buildings. In this case, Staff believes an exception should be granted because the design is more in keeping with what is found in the Detailed Site Review zone.

Staff believes this is an appropriate design for this area and is setting a standard for the redevelopment of this area. These are parcels that were storage areas and small houses for Parsons Pine. We are seeing a taller building than we've normally seen in some of these zones, and the applicants are looking at maximizing some of those limits. Staff is recommending approval of this project with the attached 15 conditions.

The owner of the house that is surrounded by the project site has contacted staff regarding completing the sidewalk along their property too. The sidewalk improvements proposed along Hersey stop at the applicant's property line. The Commission might want to consider asking the applicant to extend the sidewalk improvements to the alley and finish it off as part of the development.

PUBLIC HEARING
Rick Landt, 468 Helman Street and Scott Kurtz, 831 Liberty Street, co-applicants, testified.

Landt stated the goal in proposing this project has been to consider the community. They contacted neighbors, worked with City Staff as well as their design professionals. The project is modeled after the City's Site Design Standards for commercial development and after a livable multi-use building in Portland, Oregon. Also, they may some day live in the residential units. There is good bike, pedestrian and motor vehicle access, close to downtown and at a relatively level grade. They hope to maximize the amount of retail office space on the site and keep with the goal of the E-1 zoning. They envision housing offices and businesses serving locals. They encouraged their design team to be bold in their design efforts. The result is a building that is visually pleasing as well as highly functional. Some of the functional features include: passive solar heating with summer shading, covered walkways for residences between parking and their homes, two plaza areas (one covered and one open air), all commercial office spaces on the same grade as the sidewalk and curb. Two developed walkways connect the front of the building and the rear parking (one covered). There is shared vehicular access with the adjacent parking and 100 feet of seat walls. They have included housing upstairs in keeping with Ashland's goal of creating a compact city.

Landt said every effort was made to maximize the number of trees. They want to only place trees in locations where there are sufficiently large planting root zones.

Briggs asked how they intend to get rid of rainwater on the butterfly roof. Kurtz said it would be cricketed and drained to the east side. The roofline was a way to do something a little different and maximize the opportunity for passive solar to the south and maximize views to the north.

Black asked the difference in the height of the adjacent property owner's roof to the top of the applicant's roof. Kurtz said it would be approximately 25 feet.

Carlos Delgado, 2030 Wine Street, said the average height of the entire project is 40 feet. From the front sidewalk, it is about 38 feet and the back about 42 feet. The first story on the west elevation steps back 20 feet.

Kurtz said he would be supportive of cooperating with the neighbors concerning the sidewalk, but he is not willing to install the entire length to the alley.

Staff Response - McLaughlin said it is within the Commissioners' discretion to require the applicants to improve the remaining 60 feet of sidewalk to the alley. There will spillover impacts from this commercial development with parking.

Briggs thinks it is important to continue the sidewalk. Fields disagreed. He doesn't see any reason not to defer it until the other property develops. Dotterrer said it is not part of the development.

Landt agreed to use night sky compliant lighting in the project. They don't want lights shining into the neighbor's yards. There are still some problems with the City's standards. They would probably use something similar to what is being used elsewhere in Ashland.

Rebuttal - None

COMMISSIONERS' DISCUSSION AND MOTION
Morris/Dotterrer m/s to approve PA2004-135 with the attached Conditions.

Black noted this would be a pretty tall building when it is done. It would be the same as standing on Lithia Way and standing next to the Jasmine building. It is pretty tall. This is out there by itself and until things fill in around it, will be a pretty tall landscape.

Fields asked about the drainage mentioned in Condition 9. Kurtz said Jim Olson, Engineering, said it would be done. Sheet drainage won't be permitted. Kurtz said it is his understanding that they are inverting the alley and running it down the middle of the alley and catching it before it goes across the apron. It will be sheeted until it gets to the sidewalk. Public Works is concerned the water doesn't cross the sidewalk.

Roll Call: Unanimous