85 Winburn Way

51 Winburn WayCity of Ashland

(Comm Dev & Eng. Bldg)

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Nutley St

Gran

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LITHIA PARK

59 Winburn WayCity of Ashland

(Community Center)PrivateLot

73 Winburn WayCity of Ashland(Pioneer Hall)

LITHIA PARK

Ice Rink/Public ParkingCity of Ashland

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85 Winburn Way

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ZoningC-1

C-1-D

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M-1

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R-1-3.5

R-1-5

R-1-7.5

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══════════════════════════════════════════════════ The comments of this pre-app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre-application. ══════════════════════════════════════════════════ ASHLAND PLANNING DEPARTMENT PRE-APPLICATION CONFERENCE COMMENT SHEET September 9, 2009

SITE: 85 Winburn Way APPLICANT: Urban Development Services REQUEST: Comp Plan Amendment and Zone Change (Specific development proposal to follow in second pre-app)

ZONING: R-1-7.5 PROPOSED: C-1-D LANDSCAPING REQUIREMENTS: 10% (7% in parking areas – including driveway isles) site, size, and species specific landscaping plan required at time of formal application. Include street trees, 1 per 30' of street frontage. Also include "shade" trees in parking area - 1 tree per 7 parking spaces. Trees within parking area should be located in landscape fingers or islands. Avoid using lawn. Provide irrigation system for all landscaped areas. Tree requirements for parking areas shall consist of a mixture of deciduous trees and shall shade the parking stalls. Landscaping shall be designed so that 50% coverage occurs after one year and 90% after 5 years. TREES: Submittal requirements shall include items noted in Chapter 18.61.050. In addition, all trees to be removed shall meet the criteria noted in 18.61.080 and all trees to be saved shall meet the requirements noted 18.61.200. If trees are to be removed, the applicant is required to request their removal with the application submittals. PARKING, ACCESS, AND INTERNAL CIRCULATION: No on-site parking is required within the C-1-D zone. SETBACKS: No standard setbacks within the C-1-D zone except for a required 10-foot per story setback in the rear and a 10-foot sideyard when abutting a residential zone. LOT COVERAGE: In the C-1-D zone, there are no lot coverage requirements. Regardless, please identify on site plan and in text all areas of landscaping, impervious surface, patio space, etc. SIGNS: As per 18.96. A separate sign permit will be required prior to installation. PLANNING STAFF COMMENTS/ISSUES: Historic Use of the Site/Approvals: To provide some historical reference… PA #82-88 involved a Variance to a parking requirement of 23-24 spaces for 40 indoor and 50 outdoor seats. With that approval, only 7 auto and 7 bicycle parking spaces were required to be provided for 90 seats at the Creekside Café (i.e. a Variance of 16-17 spaces). During discussion of that application in January

of 1983, the Planning Commission minutes indicate that the Commission considered the appropriateness of the residential zoning. When it was suggested that a Commercial zoning might be more suitable to the uses in place, the discussion noted that with a zone change to Commercial, controls on commercial expansion of the Café would be greatly reduced and it made more sense to retain the residential zoning and the controls associated with a Conditional Use Permit. It was also noted at that time that the other buildings on the block (Parks buildings and fraternal organizations/lodges) were not necessarily commercial in nature and were already established. Demonstrated Public Benefit: The current block layout has maintained public buildings along Winburn Way between the downtown and the park to allow some sense of transition between the high-intensity commercial use and the public recreational uses, and has functioned as a de facto public services zoning. While staff recognize that there could be a place for a commercial component within this transitional area if it were executed in a manner complimentary to the adjacent park and surrounding historic neighborhood, we aren’t certain that simply extending the C-1-D zoning for the remainder of the block is the best method to achieve this. A final application submittal would need to clearly articulate the proposal in terms of a public need/public benefit , and how such benefit would be significantly different than simply redeveloping the existing café site in a more complimentary manner (i.e. Could the existing café be renovated in cooperation with the Parks Department through a development agreement which might allocate some parking in the Ice Rink lot in exchange for restrooms and/or other facilities, allowing a significant renovation of the building and some frontage improvements under a modification of the existing CUP?) Previous applications for similar proposals have been met with some concerns for the potential impacts of drawing more intense commercial use into Lithia Park, a treasured community resource; for increasing the intensity of development within close proximity to the Ashland Creek floodplain; and for the potential increase in parking demand in an area where parking is already frequently at (and often above) 95 percent of capacity even during “the off-season”. In staff’s view, more detail would be necessary to address these concerns and demonstrate a significant public benefit, which is the most applicable approval criterion. Parking Issues: As noted above, parking in this vicinity is nearly always at or above capacity. With a C-1-D zoning, no additional parking would be required of the applicants and any additional parking demand created by development of these parcels would need to be absorbed by surrounding on-street parking spaces. This could be significantly amplified if the existing parking lot to the south of the Community Development and Engineering Services Building were redeveloped as an intense commercial use, increasing parking demand while removing existing parking spaces from the existing supply. This is likely to be a concern for park users, Granite Street neighbors, and the plaza-area merchants, many of whom already voice concerns over parking impacts in this vicinity. Staff would suggest exploring options for retaining some parking on-site (4-6 spaces?). Drive-Through Uses: The pre-application narrative provided seems to indicate that the operation of a fast food/drive-through use on the property is a potential concern that could be avoided through the proposal and that they would be willing to forego this potential use in favor of the zone change. Applicants should be aware that Ashland’s Land Use Ordinance specifically restricts not only the number of drive-through uses allowed within the city, but also the portion of the city where they are allowed, and no such use could be put in place on the subject property under the existing or proposed zoning without significant legislative modifications to the ordinance restrictions. Staff has

no reason to believe that such modifications would be viewed favorably by the Council or the community at large. Form-Based Proposal: In staff’s view, the biggest obstacle to the proposal may be the uncertainty that would come with a zone change – the C-1-D zoning provides a wide array of options that could impact the area. Given that the proposal involves only two privately owned parcels, the most effective means to address this uncertainty may be through a form-based approach where the proposed building forms could be identified with the proposal, thereby resolving much of the perceived uncertainty of the proposal and perhaps clarifying some of its benefits as well. Additional performance measures could also be applied to address items including traffic generation, noise, occupancy type, hours of operation, etc. Hillside Development Permit: The subject property is located within the Hillside Lands Overlay zone, and includes some lands with slopes in excess of 25 percent. If any part of the proposal to build on these properties involved development (as defined by ordinance) of Hillside Lands with slopes in excess of 25 percent a Physical & Environmental Constraints Review Permit for Hillside Development would be necessary. Traffic Impacts (TIA): Applicants will need to verify whether a Traffic Impact Analysis will be required by the Public Works/Engineering Division given that the project involves a zone change which could trigger an increase in vehicle trips to a state highway (via indirect access to/from Main Street). Neighborhood Impacts/Outreach: Given ever-increasing levels of scrutiny for each project, Planning staff strongly encourages applicants to approach neighboring property owners to make them aware of the proposal, and try to identify and address any concerns as early in the process as possible. In particular, both the plaza area merchants and the Granite Street neighborhood may merit outreach given potential impacts of the proposal. Commercial Spread into Lithia Park: The extension of commercial zoning further into Lithia Park may present a concern for some. The applicants will want to arrange for a discussion with the Ashland Parks & Recreation Commission to gauge their potential support of this application. Next Steps: To be deemed complete, a final application submittal would need to include a zoning permit application signed by all property owners. The applicants would need to contact the City Administrator’s office to request placement of the proposal on a future City Council agenda for an Executive Session to allow Council to determine whether there was willingness on their part in signing onto the application. At the time a development proposal for the site(s) is prepared, the applicants would need to address additional issues including Site Review approval, Physical and Environmental Constraints Review Permit, and Tree Inventory, Tree Preservation and Tree Protection. Information on these components of the application may be found on-line at http://www.ashland.or.us/comdevdocs and will be provided, along with more specific and detailed comment, at the time a second pre-application is submitted.

Written Findings/Burden of Proof: This pre-application conference is intended to highlight significant issues of concern to staff and bring them to the applicant’s attention prior to their preparing a formal application submittal. Applicants are advised that written findings addressing the ordinance criteria are required, and the applicable criteria and required plans are explained in writing below. All applicants are encouraged to consider enlisting the services of a private professional land-use planner to prepare their application. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre-application conference. ******************************************************************************

OTHER DEPARTMENTS’ COMMENTS BUILDING DEPT: “The applicant suggests a public/private partnership to include existing historic properties with have certain exemptions from full compliance with the requirements of chapter 11 (accessibility) in the Oregon Structural Specialty Code. The proposed new building, while designed to be in character with the existing elements, will need to provide appropriate features which comply with the code cited. In the next pre-application (if provided), comment should address a plan to provide accessible route, means of egress and common area components which will meet those standards.” Obtain all necessary permits prior to construction. Please contact Building Official Mike Broomfield at 552-2073 or via e-mail to broomfim@ashland.or.us for any further information. FIRE DEPARTMENT: See comments at the end of this document. Please contact Division Chief and Fire Marshal Margueritte Hickman of the Fire Department at 552-2229 or via e-mail to hickmanm@ashland.or.us for any further information. . ENGINEERING/STORMWATER/STREETS AND TRANSPORTATION: “Engineering Department has no comments pertaining to the zone change but will have comments upon review of subsequent pre-applications.” Please contact Karl Johnson of the Engineering Division at 552-2415 or via e-mail to johnsonk@ashland.or.us for any further information. WATER AND SEWER SERVICE: “Water: OK.” Please contact Terry Oldfield with the Water Quality Division at 552-2326 or via e-mail to oldfielt@ashland.or.us for any further information. ELECTRIC SERVICE: Please contact Dave Tygerson for service requirements and fee information at 552-2389 or via e-mail to tygersond@ashland.or.us . HISTORIC COMMISSION: “Zoning change seems reasonable; what are the owner’s plans for this property?” The Historic Commission Review Board meets weekly on Thursday afternoons, and the full Commission monthly on the first Wednesday evening. When the project moves to a design phase, the applicants may wish to call the Planning Department at 488-5305 to arrange for time on one of these agendas for review and comment by the Commission. ******************************************************************************

APPLICATION PROCESS: Type III – Public Hearing before Planning Commission and/or City Council Application Submittal Requirements: 45 days prior to the next available hearing. Two (2) copies of written findings addressing the following criteria for a Zone Change/Zoning Map Amendment from 18.108.060:

Zone changes, zoning map amendments and comprehensive plan map changes subject to the Type III procedure as described in subsection A of this section may be approved if in compliance with the comprehensive plan and the application demonstrates that one or more of the following: a. The change implements a public need, other than the provision of affordable

housing, supported by the Comprehensive Plan; or b. A substantial change in circumstances has occurred since the existing zoning or

Plan designation was proposed, necessitating the need to adjust to the changed circumstances; or

c. Circumstances relating to the general public welfare exist that require such an action; or

d. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G);or

e. Increases in residential zoning density of four units or greater on commercial, employment or industrial zoned lands (i.e. Residential Overlay), will not negatively impact the City of Ashland's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25% of the proposed base density as affordable housing consistent with the approval standards set forth in 18.106.030(G)

The total number of affordable units described in sections D or E shall be

determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. Sections D and E do not apply to council initiated actions.

Type III Application Procedures:

1. Applications subject to the Type III Procedure shall be process as follows: a. Complete applications shall be heard at the first regularly scheduled

Commission meeting which is held at least 45 days after the submission of the application.

b. Notice of the hearing shall be mailed as provided in section 18.108.080. c. A public hearing shall be held before the Commission as provided in

18.108.100. 2. For planning actions described in section 18.108.060.A. 1 and 2, the Commission

shall have the authority to take such action as is necessary to make the amendments to maps and zones as a result of the decision without further action from the Council unless the decision is appealed. The decision of the Commission may be appealed to the Council as provided in section 18.108.110.

3. For planning actions described in section 18.108.060.A. 3 and 2, the Commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the City Council within 45 days of the public hearing. a. Upon receipt of the report, or within 60 days of the Commission hearing, the

Council shall hold a public hearing as provided in 18.108.100. Public notice of such hearing shall be sent as provided in section 18.108.080.

b. The Council may approve, approve with conditions, or deny the application.

NEXT APPLICATION DEADLINE: 45 days prior to next Planning Commission meeting PLANNING COMMISSION MEETING: Second Tuesday of each month FEES: $2,450 Comp Plan Amendment $2,450 Zone Change $ 917 + ½ percent of project value for Comm. Site Review $ 0 Tree Removal Permit $ 917 P & E Permit NOTE: Applications are accepted on a first come-first served basis. All applications received are reviewed by staff, and must be found to be complete before being scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s), all required materials and full payment. Applications are reviewed for completeness within 30 days from application date in accordance with ORS 227.178. The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. Type III applications have additional noticing requirements under state and local laws, requiring additional time (45 days) between the submittal and scheduling of the first public hearing. ___________________________________________ September 9th, 2009_____________ Derek Severson, Associate Planner Date

Ashland Fire & Rescue Pre-Application Comments

Project Description:

85 Winburn Date: August 24, 2009

Applicant: Urban Development Services

Fire Department Contact:

Margueritte Hickman 552-2229

Phone: 482-3334 Permit Number: PL-2009-01089 Fire department comments are based upon the 2007 Oregon Fire Code as adopted by the Ashland Municipal Code: Addressing - Building numbers or addresses must be at least 4 inches tall, be of a color that is in contrast to its background, and shall be plainly visible and legible from the street fronting the property. Additional building numbers or addresses must be plainly visible on the buildings. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. Fire Flow – Fire flow is determined by table B105.1 in Appendix B of the Oregon Fire Code. An increase or reduction as referenced by this code section may be required or allowed. Square footage of a structure for the purpose of determining fire flow includes all areas under the roof including garages, covered decks, basements and storage areas. A fire flow reduction of up to 75% can be allowed with the installation of a fire sprinkler system. Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along a driving surface, to the approved fire apparatus operating location. Hydrant distance shall not exceed 300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems are installed. If a fire sprinkler system is installed, the following applies: Fire Department Connection (FDC) – The FDC is required to be a single 5 inch diameter National Standard Thread (NST) female swivel connection with rocker lugs and cap installed 18” to 48” above finished grade. A single 2 ½” NST female swivel connection with rocker lugs and cap is acceptable if hydraulic calculations are provided that indicate a single 2 ½ “ line will adequately serve the system. Note that 2 ½” siamese connections are not accepted in the City of Ashland. Key Box – A Knox Box is required for buildings with fire sprinkler or fire alarms systems. The Knox Box must be a 3200 series or larger and may be either surface mounted or recessed into a wall. The installation location of the Knox Box will be determined by Ashland Fire & Rescue. The Knox Box is required to be installed in accordance with the manufacturers instructions. The Knox Box order form must be obtained from Ashland Fire & Rescue. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements

will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Margueritte Hickman. She may be contacted at (541) 552-2229 or hickmanm@ashland.or.us.