ASHLAND PLANNING COMMISSION

HEARINGS BOARD

JUNE 14, 2005

MINUTES

CALL TO ORDER

Dave Dotterrer called the meeting to order at 1:35 p.m. on June 14, 2005 in the Civic Center Council Chambers, 1175E. Main Street, Ashland, Oregon.

                Commissioners Present:                     Dave Dotterrer

                                                                                Kerry KenCairn

                                                                                Michael Dawkins

                Absent Commissioners:                      None

                Council Liaison:                                   Jack Hardesty, absent

                Staff Present:                                        Maria Harris, Senior Planner

                                                                                Derek Severson, Assistant Planner

                                                                                Amy Anderson, Assistant Planner

                                                                                Sue Yates, Executive Secretary

APPROVAL OF MINUTES

KenCairn/Dotterrer m/s to approve the minutes of the May 10, 2005 meeting.  Voice Vote:  Approved. 

Dawkins/Dotterrer m/s to approve the Findings for 1031 Park Street.  Voice Vote:  Approved.

TYPE I PLANNING ACTIONS

PLANNING ACTION 2005-0066

REQUEST FOR A CONDITIONAL USE PERMIT FOR A 3-UNIT TRAVELERS ACCOMMODATION FOR THE PROPERTY LOCATED AT 184 B ST. 

APPLICANT:  MARY BARNHILL

This action was called up for a public hearing.

PLANNING ACTION 2005-00649

REQUEST FOR A LAND PARTITION TO DIVIDE ONE EXISTING PARCEL INTO TWO PARCELS INCLUDING A FLAG LOT AT THE REAR OF THE PROPERTY LOCATED AT 933 BELLVIEW AVENUE.  AN EXCEPTION TO THE STREET STANDARDS IS REQUESTED TO MEANDER THE SIDEWALK AROUND THE PALM TREE ADJACENT TO THE STREET.

APPLICANT:  WILLIAM D. JOHNSON

This action was approved.

PLANNING ACTION 2005-00672

REQUEST FOR A SITE REVIEW APPROVAL FOR AN OFFICE AND WAREHOUSE BUILDING LOCATED AT E. JEFFERSON AND WASHINGTON STREETS. THE BUILDING WILL BE APPROXIMATELY 18,000 SQUARE FEET IN SIZE AND WILL BE USED FOR THE ASSEMBLY AND DISTRIBUTION OF FANS BY THE MODERN FAN COMPANY.

APPLICANT:  RON REZEK

This action was approved.

PLANNING ACTION 2005-00775

REQUEST FOR APPROVAL OF A LAND PARTITION TO DIVIDE ONE EXISTING PARCEL INTO THREE PARCELS INCLUDING TWO FLAG LOTS AT THE REAR FOR THE PROPERTY LOCATED AT 1366 E. MAIN STREET.

APPLICANT:  GLEN FREDRICKSON

This action was approved.

PLANNING ACTION 2005-00866

REQUEST FOR A LAND PARTITION TO DIVIDE ONE EXISTING PARCEL INTO TWO PARCELS FOR THE PROPERTY LOCATED AT 698 ASHLAND STREET.  A VARIANCE IS REQUESTED TO MINIMUM LOT WIDTH REQUIREMENT – 65 FEET OF LOT WIDTH IS REQUIRED AND 57 FEET IS PROPOSED.

OWNER/APPLICANT:  DEAN EVANS/PACIFIC NORTHWEST BUILDING & DESIGN, LLC

This action was approved.

PLANNING ACTION 2005-875 IS A REQUEST FOR COMMERCIAL SITE REVIEW APPROVAL TO CONSTRUCT A SERVICE GARAGE FOR USE BY THE EXISTING LES SCHWAB STORE.  A TREE REMOVAL PERMIT IS REQUESTED TO REMOVE EIGHT TREES SIX INCHES DIAMETER AT BREAST HEIGHT AND GREATER ON THE PROPERTY LOCATED AT 2308 ASHLAND STREET.  THE PROPOSAL ALSO INCLUDES A BOUNDARY LINE ADJUSTMENT. 

APPLICANT:  PAUL DUDA/LES SCHWAB SFP-B LIMITED PARTNERSHIP

This action was approved.

PLANNING ACTION 2005-00867 IS A REQUEST FOR A CONDITIONAL USE PERMIT TO CONTINUE TO USE THE PROPERTY FOR A PRIVATE SCHOOL FOR AN ADDITIONAL YEAR THROUGH OCTOBER 2006.  THE PRIVATE SCHOOL WILL CONTINUE EXISTING OPERATIONS INCLUDING THE USE OF THE GARAGE BUILDING AND A TEMPORARY MODULAR STRUCTURE FOR CLASSROOM SPACE LOCATED AT 631 CLAY STREET. 

APPLICANT:  THE SISKIYOU SCHOOL

This action was approved.

PLANNING ACTION 2005-00872

REQUEST FOR MODIFICATION OF A PREVIOUSLY APPROVED LANDSCAPING PLAN FOR THE PROPERTY LOCATED AT 19 – 55 W. HERSEY STREET.  THE PROPOSAL IS TO REMOVE TREES AND PLANTINGS THAT ARE INAPPROPRIATE SIZES AND SPECIES AND REPLACE WITH NEW TREES AND PLANTINGS OF APPROPRIATE SIZE AND SPECIES, GIVEN THE SPACE AVAILABLE AND SITE CHARACTERISTICS.  SEVENTEEN TREES ARE PROPOSED FOR REMOVAL AND EIGHT ARE PROPOSED FOR REPLANTING. 

APPLICANT:  HARRIET A. SCOTT

The Commissioners were handed new information at this meeting.  They received a letter from Harriet Scott, Creek View Terrace Homeowner’s Association, concerning the planting area for trees. 

KenCairn/Dawkins m/s to replace all of Conditions 3 and 4 and add a new Condition 3 to read:  Area 3 shall be redesigned to accommodate the future sidewalk and two street trees.  The landscaping plans shall be revised accordingly and submitted for review and approval by the Staff Advisor prior to installation or removal of trees.

This action will be re-noticed with the record left open for seven days after noticing to allow for comments from the public or calling the action up for a public hearing.  If nothing is received after seven days, this action will be approved.   

Voice Vote:  Approved.

PLANNING ACTION 2005-00873

REQUEST FOR A COMMERCIAL SITE REVIEW APPROVAL FOR EIGHT MIXED-USE BUILDINGS COMPRISED OF COMMERCIAL AND RESIDENTIAL CONDOMINIUMS FOR THE PROPERTY LOCATED AT 905 N. MOUNTAIN AVE.  A PARKING STRUCTURE WILL BE LOCATED BELOW THE BUILDINGS.  THIS IS THE THIRD PHASE OF THE QUINN SUBDIVISION, AND IS .80 ACRES LOCATED BETWEEN N. MOUNTAIN AVE., PLUM RIDGE DR., AND THE FUTURE STREET NAMED FAIR OAKS COURT. 

APPLICANT:  MEDINGER CONSTRUCTION COMPANY

This action was called up for a public hearing.

PLANNING ACTION 2005-00696

REQUEST FOR COMMERCIAL SITE REVIEW APPROVAL FOR FOUR MIXED-USE BUILDINGS COMPRISED OF COMMERCIAL AND RESIDENTIAL CONDOMINIUM UNITS IN THE “VILLAGE CENTER” AREA OF THE MEADOWBROOK PARK SUBDIVISION LOCATED AT THE N. MOUNTAIN AVE. AND E. NEVADA ST.

APPLICANT:  CAMELOT FAMILY HOMES LLC

This action was called up for a public hearing.

TYPE II PUBLIC HEARINGS

PLANNING ACTION 2005-00328 IS A REQUEST FOR A CONDITIONAL USE PERMIT TO USE ONE OF THE RESIDENTIAL CONDOMINIUMS IN A MIXED-USE BUILDING FOR ONE HOTEL/MOTEL UNIT FOR THE PROPERTY LOCATED AT 180 LITHIA WAY.

APPLICANT:  HAROLD DRESNER     

Site Visits and Ex Parte Contacts

Site visits were made by all. 

KenCairn declared a potential conflict of interest.  She has previously worked on landscaping for this building.  She stated she has no conflict nor will it affect her ability to make a decision. 

STAFF REPORT

Anderson explained that the application for a Conditional Use Permit was administratively approved in April, 2005.  It was subsequently called up for a public hearing based on the parking requirement for a hotel/motel.  The proposed hotel/motel unit is 1175 square feet with a 410 square foot balcony veranda.  The unit has an enclosed single car garage.

Hotels and motels have historically been considered commercial uses and they are conditionally allowed in the Employment and Commercial zoning districts.  Staff believes they are an appropriate use within the downtown area.  The impacts and operations are best located in Commercial zones because of the benefit of providing transient quarters in close proximity to downtown establishments that the guests will utilize.  It reduces the need to drive. 

The applicant is proposing to provide two parking spaces, one within the existing single car garage and the second space will be leased from Archerd & Dresner, LLC and located within the enclosed single car garage within the footprint of the second building (to be constructed).  The parking space will have direct access into the first phase of the building.  The unit is within the existing building, therefore, the bulk, scale, and coverage are existing with no changes to be made.  Guests will have access to the RVTD bus line and the unit is located within walking distance to shopping and entertainment.  The unit will not generate any more light, noise or glare than a single family residence.  The approval will not have any adverse impacts on the surrounding uses and it is compatible with the uses of the adjacent properties.

It was reviewed at the June 8, 2005 Historic Commission meeting but the Commissioners gave no comments because it was outside the scope of their review.

The request for the public hearing argues the applicant has insufficient parking.  Historically, the parking for hotels and motels is calculated based on one space for guest accommodation.  The party paying for the guest accommodation could have multiple occupants but saying they need more parking would be inconsistent with past approvals.  Anderson gave several examples of hotels and motels and their parking. 

There is an added Condition that this unit can only be rented out as one unit and it cannot operate until the second phase of the Jazmin building has been completed.

Dawkins is concerned that this unit was sold as a condominium to help revitalize the downtown.  Suddenly, it is coming back as a rental.  Is this going to become commonplace?  If so, then he believes the parking will become an issue.

Anderson said generally condominiums in the downtown usually have to provide two parking spaces, but in most situations they won’t have the ability to provide the two spaces. 

PUBLIC HEARING

EVAN ARCHERD, 550 E. Main Street and HAL DRESNER, 1515 Tyler Creek Road, Ashland.

Archerd said this application does not generate any more intense use than a single family residence.  He sees it as an advantage to the City to have transient accommodations close to OSF and restaurants.

Archerd asked that Condition 2 be modified to allow the unit to be used this summer before construction begins on phase 2, with the second parking space to be located on the  existing empty lot with a sign posted  “Exclusive Use for Unit 301.”  As soon as construction begins, the use would have to discontinue.

Harris said she did not know when construction will begin.  It sounds like it will be seamless, but some clarification may be needed. 

Dotterrer noted Swales’ e-mail and the issue he raised regarding parking.  Harris said the requirements for a traveler’s accommodation are different than a hotel/motel use as outlined in the ordinances.  The zoning is different too.  She consulted with the City Attorney’s office, and they felt it could fit under the definition of a motel.  The Commissioners need to make that determination, however.  Motels have separate entrances to the exterior.  The proposed unit has an entrance to the exterior.  The City Attorney’s office addressed the parking spaces and they agree that a guest room is the same as a bedroom.  That is how it has been applied in the past and it is consistent with parking for hotels and motels.

Rebuttal

Archerd said he feels they meet the definition of a motel.  It has an entrance to the exterior.    

COMMISSIONERS’ DISCUSSION AND MOTION

Dawkins stated he will vote in favor of this application but he is uncomfortable about how something starts out as one thing and becomes something else.  It can become a pattern.  He saw this trend happening in Aspen in their effort to get people into the downtown, but what happened was more emptiness and more transience.

KenCairn heard Dawkins issues and believes it is an issue that needs to be addressed at another time.  She believes they have met all the criteria and have addressed Swales’ issues.  Unless a condominium is created with parking in the downtown, they could never make this conversion.  That makes this situation somewhat limiting. 

Dotterrer agrees that the application qualifies as a motel.  There is an opportunity to review each application as it comes before them.

KenCairn/Dotterrer m/s to approve PA2005-00328 with the attached Conditions with the revision of Condition 2 as the applicant requested.  They will be allowed to use the space only this summer and they will provide a parking space in what will become construction parking.  Voice Vote:  Approved unanimously.

PLANNING ACTION 2005-00671

REQUEST FOR A SITE REVIEW APPROVAL TO CONSTRUCT A 2˝-STORY MIXED-USE BUILDING COMPRISED OF OFFICE SPACE, RETAIL SPACE, A MEDITATION CENTER AND TWO RESIDENTIAL UNITS FOR THE PROPERTY LOCATED AT PARCEL 2E OF THE CLEAR CREEK VILLAGE SUBDIVISION LOCATED ON CLEAR CREEK DRIVE.  IN ADDITION, A REQUEST FOR A CONDITIONAL USE PERMIT TO USE THE MIDDLE FLOOR AS A RELIGIOUS USE (BUDDHIST MEDITATION CENTER).  THE REQUEST INCLUDES JOINT USE OF THE PARKING FACILITIES IN WHICH THE OFFICE SPACE, RETAIL SPACE AND RESIDENTIAL UNITS WILL USE THE PARKING DURING BUSINESS HOURS, AND THE MEDITATION CENTER AND RESIDENTIAL UNITS WILL USE THE PARKING DURING OFF HOURS.

APPLICANT: KAGYU KUSHA CHOLING            

Site Visits or Ex Parte Contacts

Dawkins had a site visit and mentioned he is acquainted with a number of people requesting to speak on this action.  He does not believe it will weigh in on his decision.

KenCairn stepped down and left the meeting as she has worked on the landscaping.

Dotterrer had a site visit. 

STAFF REPORT

Harris said the proposal is to build a new mixed use building to be used for office, retail, meditation center and two residential units.  The application requires a Site Review because it is a new commercial building and a Conditional Use Permit for the religious use (meditation center).  There are two parking lots that are partially built on either side of the site of the proposed building.  The building is three-story or two and one-half story because the third floor is a smaller footprint.  Other details of the project are contained in the Staff Report. 

The subdivision was planned as a whole so many of the standards have already been addressed.  Staff believes they have met the remaining standards as well as the criteria for a Conditional Use Permit. 

Staff’s main concern relates to the parking.  The proposal is to build out the parking lot for a total of 42 more parking spaces.  The applicant is proposing a joint use of parking facilities for the building so on the first floor, the office space will be using the parking spaces during the day and the parking will be used by the meditation center for use during non-business hours.  There is a provision in the ordinance for joint use of facilities.  The applicant has to demonstrate there will be no material overlap for the parking demand for the various uses in the building.  They have stipulated very clearly in their application that they will only operate the meditation center during non-business hours when the office use in not in operation.  They have agreed to a deed agreement. 

Staff is recommending approval of the application with 19 Conditions.

PUBLIC HEARING

PEMA CLARK, 147 Granite Street, Dharma teacher, gave some background on their center and their mission.  Anyone will be welcome to use the meditation center to come and learn meditation and contemplative practices designed to encourage peace of mind and increase our human qualities of kindness and compassion.  They are currently using 147 Granite for their meeting place.  The new location will provide a central location, accessibility and parking.  She believes it will be good for the community. 

JOYCE WARD, 349 E. Main Street, project coordinator, explained how they have walked through the planning process.  With regard to the parking, if the building had no Conditional Use and had two floors of commercial, it would require 14 parking spaces.  Those spaces are being purchased.  When the meditation center is operating, the requirement is for 18 spaces but those 18 will occur in off hours.  This is how the request for the joint use of facilities came into play.  She noted the applicants are going out on an economic limb.  The building will be a really beautiful centerpiece for the subdivision and Ashland.

CARLOS DELGADO, 545 A Street, project architect, stated the building has enough of a buffer from other buildings yet is close to the wetlands.  He believes they have successfully integrated successfully with the site.  They have used planters, staggered stairways and a public square using the wetlands and landscaping, also leaving a private area for the ritual space for the center.  He showed a color rendition.  Even though the building has the height of 40 feet at the center, the perception will feel more like 24 feet because the upper story has been set back.  The building is 6000 square feet.  Delgado said on page 4 of the applicant’s findings, it should read two bathrooms, not two bedrooms on the main floor.

MARK KNOX, 276 W. Nevada Street, land use planner, stated he has worked on this project for no fee.  The applicants are requesting a four space joint use of parking facilities agreement with the property owner.  They have purchased 14 spaces and that will be dedicated to the building.  The additional four spaces will be leased and will not be used at the same time as the religious facility.  They determined there is currently an 87 percent parking excess that is not used after 6:00 p.m. and on weekends.  This is an exceptional use for an underutilized parking area and he believes they meet the burden of proof for a joint use.

LYNETTE HANNA & THOMAS MEAMBER, 143 Granite Street, had their comments in favor of the application read into the record.

FRANCE ROBINSON, 983 Oak Street, stated she is on the Board of Directors and is asking or approval of the application. 

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KATHLEEN MEAGHER, 561 C Street, has dreamed of a place like this for years.  It will be a place where people can come any time during the day and is centrally located so people can walk, bike, take a bus.

MARYLINE WHITE, 930 Mountain Avenue, said she is speaking on behalf of about a half dozen residents of Mountain Meadows who are in favor of this application.  There will be an economic benefit to the City if this is approved.  They will have conferences that will bring visitors probably arriving by air and that will not add to the traffic.  They will be within walking distance to the downtown merchants. 

JUDITH SUNDARAM, 1537 Lilac Circle, also noted the economic benefits for the City.  Once built, this center will attract meditation masters from all over the world.  When they come to town, they, in turn, will attract hundreds of visitors and those visitors will need food and housing and that will add a significant economic benefit to the City. 

ELLEN WALLMAN, 779 Sylvia Street, is Chair of the Fundraising Committee for the new meditation center.  She is also a board member. Everyone she has spoken with has had support for this project.  She is asking for the Commission’s support. 

NANCY MORGAN, 271 Morton Street, is the owner of Dreamsacks, 125 Clear Creek Drive.  She considers it a privilege to have this building next to them and is excited about the possibilities the center will bring.  They also use the parking lot adjoining the center and there is ample parking. 

LARRY MORGAN, 271 Morton Street, also owner of Dreamsacks, said there is going to be plenty of parking for everyone to use.  He is completely in favor of the project.  He read a letter of support from Raymond James, dated May 5, 2005, signed by Flora McLean, Barbara Oldfield, and Sarah Swales.  Their business is located next to the center

PATTY MOREY,  435 ˝ Scenic Drive, believes the center will be a wonderful addition to the community.  The wetland is vital to the center part of its ambience, design and location.  There are signs at the wetland stating “Mitigation Wetland Protected under State and Federal Law.  Please do not disturb.”  There has been no mention of the wetland.  Who owns the wetland or what guarantee the wetland will remain?  They have seen dire transformation of the wetland.  One of the ponds is a creek.  She wants to see the wetland remain intact. 

Staff Response

Harris said the reason the parking is required to be built out is because this is the second to last building in the subdivision and that is how it was approved.  With regard to parking, Staff looked at the joint use of parking facilities as if all the uses in the building are operating at the time and that is the equivalent of 24 spaces.  By asking for the joint use of facilities, it is the difference between 24 spaces -14 available during the day and 18 available at night. 

The Staff Report mentioned there is a standard of using bright or neon colors.  This is the first time Staff has seen the color rendering.  The Hearings Board might want to provide direction. 

Harris said no changes have been proposed for the wetland at this point.  The wetland was enhanced and made larger during the subdivision approval.  A Condition could be added to install sediment fencing prior to construction to protect that area. 

Rebuttal

Delgado said they would like the option to bring forward a color scheme for approval by Staff.  He would like the word “muted” to be deleted because, Dreamsacks has used a “vibrant” yellow.

Knox said they agree with the Condition for the sediment fencing.

COMMISSIONERS’ DISCUSSION AND MOTION

Dawkins/Dotterrer m/s to approve PA2005-00671 with the attached two Conditions as amended.  Add Condition 20 requiring sediment fencing during construction and strike “muted” from Condition 14.  The action was approved unanimously.

ADJOURNMENT – The meeting was adjourned at 3:05 p.m.