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HomeMy WebLinkAbout1997-0204 Council Mtg PACKETI Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 4, 1997 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of January 21, 1997. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Update by Paula Brown on demonstration wetlands project. V. CONSENT AGENDA: 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - January, 1997. 3. City Administrator's Monthly Report - January, 1997. 4. Approval of Liquor License application for the Morning Glory, 1149 Siskiyou Boulevard. 5. Confirmation of Mayor's Termination of probationary Director of Public Works. VI. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Continuation of hearing on request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. 2. Proposed increase in Transportation Utility Fee for the establishment of an Arterial Street Assistance Account. VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER VIII. UNFINISHED BUSINESS: 1. Report on condition of Lantern Hill Subdivision off Granite Street (request by John Sully). 2. Clarification of plan for replacement of sidewalks on Ashland Street. IX. NEW & MISCELLANEOUS BUSINESS: 1. Oral report of Councilor Reid on progress on Ashland/Talent/Phoenix water intertie with Medford Water Commission. 2. Election of Council Member to Position No. 6 for term expiring December 31, 1998. X. ORDINANCES RESOLUTIONS AND CONTRACTS: �1 Rif 1. Second reading by title only of "an Ordinance Amending Chapter 2.41 of the AMC to Reduce Contribution Limits by Political Committees and to Delete Contribution and Spending Limits for City Measures." A Q3 2 Second reading by title only of "an Ordinance amending Section 13.24.010 to Establish a Heritage Street Name List for Naming or Renaming Streets." 6�145'O Second reading by title only of "an Ordinance expanding the season for Outdoor Burning by Amending Section 10.30.020 of the Ashland Municipal Code." 4. First r_ e g by title only of "an Ordinance Adopting a New Transportation Element of the Ashland Comprehensive Plan and Repealing the Existing Transportation Element." d61L�� Reading by title only of "a Resolution Prohibiting Water Connections Outside the City Limits." XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT MEMO TO: MAYOR GOLDEN, ALL COUNCIL MEMBERS, BARBARA CHRISTENSEN FROM: FRAN BERTEAU DATE: February 4, 1997 RE: JOINT STUDY SESSION/PLANNING COMMISSION WITH COUNCIL At council's request a Joint Study Session with the Planning Commission and council has been scheduled for Tuesday, February 25 at 7: OOp in Council Chambers. I have group scheduled this. The topic is to be about street improvements adjacent to or connecting with new subdivisions or minor land partitions. Brian Almquist has also suggested this would be a good time to explain the new arterial street assistance account to the commission. February 3, 1997 Mr. Brian Almquist r;•;`�_:,._?,... ��. ��l-�'. -� City Administrator City Hall 20 East Main Street Ashland, OR 97520 µ t ;'v( ✓' Appeal #96-094 Westwood Neighbors Mr. Almquist: Regarding Request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street, please be advised the public hearing portion of the review was closed at the December 17, 1996 meeting by Mayor Golden. Deliberations, etc. by staff only is permitted at the February 4, 1997 meeting. No additions nor testimony from others are allowed at the February 4, 1997 meeting. A copy .of the Agenda for the Regular Meeting, Ashland City Council, February 4, 1997 does not constitute proper notice of hearing when postmarked January 31 , 1997, and received by the undersigned on February 1 , 1997. Notice of Public Hearing submitted by Barbara Christensen, City Recorder, No. 019712, published January 25, 1997 in the Ashland DailyTiding further states, "at such Public Hearing, any person is entitled to be heard, unless the public hearing portion of the review has been closed during a previous meeting. " Respectfully Submitted, Darlyn Adams Westwood Neighbors 189 Westwood Street Ashland, OR 97520 C NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Ashland City Council on February 4 , 1997 at 7 :00 p.m. at Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such Public Hearing, any person is entitled to be heard, unless the public hearing portion of the review has been closed during a previous meeting. Request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. Barbara Christensen City Recorder PUBLISH: Daily Tidings 1/25/97 Purchase order: 19355 AXE N N W C Q W 9� (D fD O x a O 0 ­4 N O N ON W A -4 0 0 o O Vi 7 m v O Q w 0 A ° � o PD CCD So C CD m O N V S U CD m c0 m l CC c0 N O co O W c0 f O ID J < N O N O - y M m cn co W O) N � 7 C ID J 'w f'j 1 I N O O C CL 0 i 1 M_ io Jli'i y'i aD f_fl i❑ e,,is Y Y ,. - t_ b V Population w P. 0 0 C) 0 C) 0 C) 0 C) C� C� C) C) C3 C) C) C> C) 0 0 0 C) z 0 2; --4 7,; CD > 0) go > " 0 - (0 0 03 Ph 0 > (D 0 CL C) 0 m 0 171 ro CD y cf) 0 go r-41- CD 2. 0 CL X 0 C3 O N3 0 CD C) (n Z 000 0 0 0 w 0 ° s O O N O. o fn j + n N m d WJ cU0 V O Q y y S O O Oi (D k. 2 j Q. 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O V N O o _ O A W N a _ O (n A O O A W O O O (O O 0 0 0 0 0 0 0 0 'f. .r � t Lt - y / - -._ - ° ° 0 0 0 O m w o .. 0 0 0 0 o in a (�: 1, o 0 0 0 0 w I O O O O O p O \ — � 3 » e _ _ zc( ,» e CD / \ , 00) E A)CA r0000\ /C \C } �0 :r� � k CP ( z4 & m \ \ / CL { \\ { } L 2 _ / \ \ \ � \ / \ \ � � � k { / & - - \ - / 2 % x ! } & _ ■ ■ 2 }}ƒ \ ° N) . lu \ \ COD- \ CD �/ ID � n E a ) R 7 k 2 Z � E CD - - R a CO) 00 � � E ) z cn \ � \ \ \ . a , a \ / - / { m . \ C } � 7Z) � \ �\ \ \ \\ \ Cl g \ � g ! % EVEN THOUGH IT IS THE MAYOR'S DECISION TO TERMINATE OUR DIRECTOR OF PUBLIC WORKS, SUSAN WILSON-BROADUS AND IT WAS OUR CITY ADMINISTRATOR'S FAILING TO PROVIDES A SUPPORTIVE WORKING ENVIRONMENT, IT IS ULTIMATELY A MAJORITY OF THE CITY COUNCIL THAT MUST �TA� RESPONSIBILITY FOR NOT INSISTING ON A STANDARD OF FAIRNESS IN THIS AND MANY OTHER MATTERS. SINCE THE DAY OF HER HIRING, SHE AND OTHERS WERE MADE AWARE OF OUR ADMINISTRATOR'S LACK OF SUPPORT FOR, TRUST OF AND CONFIDENCE IN SUSAN WILSON-BROADUS. I PERSONALLY HAVE TOO MUCH CORROBORATING EVIDENCE SUPPORTING HER VERSION OF EVENTS TO ACCEPT AT FACE VALUE THE CASE THAT HAS BEEN MADE AGAINST HER AND I WOULD REMIND EVERYONE INVOLVED THAT YOU MUST GO BACK TO THE BEGINNING OF HER EMPLOYMENT WITH THE CITY OF ASHLAND TO FULLY UNDERSTAND EVENTS AND APPRECIATE SUSAN'S RESPONSE TO THEM. IN MY OPINION, THE OPEN LACK OF SUPPORT FOR HER BY OUR CITY ADMINISTRATOR, MADE 2 IT ALMOST IMPOSSIBLE FOR THIS WOMAN TO REORGANIZE A TROUBLED DEPARTMENT OR WORK WITH THE ENTRENCHED OLD BOY NETWORK THAT STILL EXISTS. HER MOVE TOWARD ENVIRONMENTALLY SUSTAINABLE SOLUTIONS AND A PROCESS MORE OPEN TO CITIZENS WOULD HAVE ULTIMATELY SAVED US MONEY, BUT IT FLEW IN THE FACE OF THE WAY WE HAVE TRADITIONALLY DONE THINGS. p ` q ' THE ONLY REASON I COULD SEE FOR \ �! IS THAT rD THE PROBLEM SHE FACED HERE IS SYSTEMIC. THIS ISSUE IS MUCH BIGGER THAN SUSAN WILSON-BROADUS. — ✓/M dts o� �`�7E" !o✓ac✓!cy Shp -- �Il� N1aeRrsd,�/ I//c s� ► -I� <` February 4, 1997 -L �"° �c�y 'f'e-w,`��1„� 4jr��l� I cannot support t e continued employment of SusanWilson Broadus. It is not because I do not think she is competent. I do not have enough information to know that. Nor do I feel proper opportunity has been given the council to obtain that information in a comprehensive way. I do see the relationship between Susan and the City of Ashland is not salvageable. As the month has passed I have seen no indication from the administrator or mayor that this is an option. The current environment in Ashland is not conducive to Susan leading a productive work life. Susan's beginnings with the City were extraordinary. By charter and ordinance the mayor and administrator respectively choose and supervise all department heads. It was disclosed that Susan was the choice of the mayor but not of the administrator. This was not a fitting way for anyone to begin work nn a community. I've been told the City of Ashland is a uniquely difficult place to work for department heads but being discounted before you get a chance to start working is beyond what I would expect anyone to tolerate. I know there is great latitude in the hiring of an at-will employee but that should not be a reason to ignore the obvious.This should have served as a red flag that extra care was needed in order to provide a level playing field for this new employee. I believe that the mayor and the city administrator should have agreed in advance to a means of mediating potential conflict in this situation. The three parties (the mayor, the city administrator and the Public Works Director) gould havd set mutually acceptable goals and Could h� established an assessment procedure to regularly evaluate progress toward these goals. I recommend that the council implement this idea and the following. When a new department head is hired by the city, the city administrator will provide the council with quarterly written assessments of that employee's performance. In addition, the council will have the opportunity to formally interview this department head at three month intervals during the probationary period , without the administrator present. In general heightened awareness is in order considering that fitting in and taking the reins of a new department is easily as fraught with difficulty as the initial decision to hire the person. Time and willingness are essential in this equation and we seem to have run out of both in this case. I regret that. I hope that through our actions the question of fairness will not be a central issue in the future. While I feel little can be done to rectify our relationship with Susan I will not be party to future such situations unless more scrutiny is available to the council. These suggestions, while I know are not supported by the majority of the council, are a sincere effort to address the health and well-being of the City of Ashland. Respectfully, Carole Wheeldon . v A.pf Z1t� MemoranAum February 3, 1997 '•.�4E60�o'i Q� Mayor Golden and Members of the Ashland City Council, and Brian Almquist, City Administrator ronc Paula Brown, PE, Wetlands Coordinator uhjtrrt: STATUS REPORT ON THE ASHLAND DEMONSTRATION WETLANDS PROJECT Background The Ashland Demonstration Wetlands Project is designed to evaluate the opportunities of a natural free surface wetlands combined with a sand and soil filter process to polish and remove phosphorous found in the treated effluent from the City's wastewater treatment plant. A three acre parcel adjacent to the W WTP has been"borrowed" from the Parks Commission for this "experiment." Cascade Earth Sciences (CES)was chosen as the consultant team leader for this design-build-operate-monitor and evaluate project. There are several other consultants as members of the team. Previous Work Preliminary scoping and design evaluation meetings have been held with all of the major players including; ► Parks Commission (public access, overall aesthetics, plant types surrounding the wetlands area, and overall schedule and status), ► Wetlands Coalition(wetlands plant types, schedule, local access to native wetland plant species, schedule and timing, public involvement, overall status), ► DEQ (hydraulics, safety, regulatory requirements, fencing issues, monitoring and preliminary design), ► Public Works (influent structure and influent source location, operational concerns, effects on and from the WWTP, construction timing, coordination concerns), ► Administration(overall status, coordination and schedule), ► SOSC (graduate students and students in environmental programs to assist in collecting data, educational and informational opportunities) and ► Ashland High School (student data collection and possible planting assistance). Work remains in progress in many of these areas, but in general, is going very well. Current Status We received approval from the Parks Commission(February 3)to move forward with the overall design and public access locations. CES will incorporate their concerns regarding the planting species along the exterior of the wetlands cells for drought resistant or drought tolerant plants to minimize the need for additional irrigation. The design and hydraulics of the wetlands themselves is nearing 90%complete. As CES finalizes internal reviews and we (City with help from the Wetlands Coalition) assist with our constructability/operational reviews, comments will be incorporated for the 90% review to be submitted to DEQ mid-February. DEQ has indicated they will expedite their review and strive for a 30 day review turnaround time. Barring major concerns or significant comments from DEQ, it is our desire to begin construction early April (potential ground breaking on April 2) with completion and operational start-up on May 1. The schedule I have just laid out is very optimistic, but"do-able". We had originally planned to begin construction in February, but with the soils conditions on the site, and not having all of the details completed for DEQ's 90% review process (without which construction cannot start),the April construction period is more realistic. Concerns There have been concerns raised regarding the construction schedule. Will we have mature plants for two full seasons of phosphorous removal results? One of the potential solutions posed by the Wetlands Coalition is the possibility of bringing in wetlands species in February and growing them in pots on or near the demonstration site. This could allow the plants a certain level of maturation prior to their final planting in the wetlands cells. Another possibility is cultivating local native wetland plant species for the cells. Both of these possibilities have their pros and cons. The CES team is evaluating the options, and understands their commitment to bring the wetlands project on line by May to have the two full growth season for this results- driven experiment. Another question was raised with regard to the daily operation of the demonstration project. DEQ has suggested that our WWTP operators oversee and operate the wetlands project. Although this is feasible, and the WWTP operators are highly interested in the results and success of the project, during the first two years while we are in the"experimental" phase, it was assumed that the CES team would conduct all of the daily operations and monitor the progress and viability of the wetlands treatment process. This gives the City the highest level of confidence in the success of the project, as CES is lead in the design-build-operate-monitor and evaluate consultant. As discussed with the WWTP operators and supervisor, all relevant players will be included in the design review from a longer term operational stand point. Once the success of the project is evaluated and if a scale-up version is authorized by Council, then the larger scale wetlands would be an integral part of WWTP operations. As stated above, our biggest challenge is maintaining the optimistic schedule we have before us. There is no maneuvering room to spare. The consultants are committed to meeting their schedule. Our next hurdle is clearing the DEQ design review. I will keep you posted on the results. Cc: Greg Scoles Gary Schrodt/ Carl Oates (Wetlands Coalition) Parks Commission Members Stuart Childs (PRC)/Russell Strader (CES) MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 21, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen and Wheeldon were present, Councilor Thompson was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of January 7, 1997 were amended with correct council position numbers indicated under Oath of Office for Councilors Hauck and Wheeldon, adjourned meeting of January 9, 1997, were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation declaring February 6, 1997 as Girls and Women in Sports Day. Mayor Golden read proclamation on Girls and Women in Sports Day. CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - December, 1996. 3. Letter from Oregon Dept. of Corrections regarding public meeting on Tuesday, February 4, 1997 at 9:00 a.m. at Medford Red Lion, concerning location of new prison facility in Jackson County. Councilors Hagen/Reid m/s to approve Consent Agenda._Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed formation of a Local Improvement District for street requirements on Orange Avenue between Helman and Laurel Streets. Planning Director John McLaughlin explained to council how the properties that were developed in phases, were involved in the Local Improvement District. He explained that when the subdivision was approved, there was a condition that the subdivision sign in favor of future street improvements for that portion abutting the subdivision. Also, at the time of the final plan, a requirement is that the applicant show how this will be assessed on the City council n+«d+og i-:i-sr 1 properties. In this case, the developers chose to assign costs to only the lots that fronted on Orange Street. Council discussion regarding the responsibility of assessment by the property owners on Orange Street. McLaughlin explained that assignment of cost was based only on the linear frontage of the subdivision, assessment is based on however many feet of frontage there are, not on the full subdivision area. The recommendation for straight frontage was what was considered as one of the most fair ways of assessing this block length assessment for the benefitted properties. PUBLIC HEARING OPEN: 7:20 p.m. Kindler Stout/130 Orange/Felt that there were no residents present at the last meeting in favor of forming a Local Improvement District. Unless the council makes the developer pay for his portion of the LID, the property owners should not have to participate in the LID. Questioned the payment formula for the LID. Would like to see the developer pay for his portion of the LID. Ken Larson/176 Orange/Felt the developer was let out of the "to and through" condition he was responsible for. Feels the property owners are paying for the developers "to and through" by means of a waiting game. Richard Katz/125 Orange/Questioned why the council agreed not to include the twenty-four units inside the development as not part of the LID. Councilor Reid gave some history on how this decision was made back in about 1990. Council discussed the question on whether there could be a requirement put on the developer to be responsible for the cost of a 1/2 street and residents pave south side of sidewalk. City Attorney Paul Nolte explained that traditionally, decisions made by council have been upheld in the courts. If the decision is fair and equitable, more than likely if challenged, it would be upheld. Re-noticing would need to be done if council makes a change. Council would need to be sure when making a decision, that it is based on being fair and equitable. Katz questioned the park row proposed in the LID and whether there was two driveways proposed. It was explained that the park row was intended to create a buffer and encourage pedestrian traffic. Linda Thomas/130 Orange/Understood that the neighborhood proposal for the LID was for a narrow street, that would benefit those in their neighborhood, not a main link to Heiman Street. Hopes that council does not believe there is a need to supplement Heiman Street traffic. Believes that the developer did agree to do a 1/2 street improvement. PUBLIC HEARING CLOSED: 7:45 p.m. City C"una Meeting 1-21-97 2 McLaughlin clarified for council that the agreements with the other developers involved in this subdivision were based on the same requirements as Mr. Bonin. Councilor Laws clarified cities policy on paving all streets within the city. The reasons for this, is to help circulation, to minimize the distance that people have to drive in their cars. The second reason, is the expense to the city on keeping up dirt streets. Stated that the city policy has been, that for every property owner, to pay for the street in front of their house. Council discussed the fairness of forming Local Improvement Districts and looking at each Local Improvement District neighborhood on an individual basis. Reading by title only of "a Resolution Authorizing and Ordering the Local Improvements for Orange Avenue from Laurel Street to Heiman Street for the Orange Avenue Local Improvement District and Authorizing the Assessment of the Cost of the Improvements against Property to be Benefited and Providing that Warrants Issued for the Cost of the Improvement be General Obligations of the City of Ashland." Councilors Wheeldon/Laws m/s to approve Resolution # 97-05. Discussion:. Council discussed the role of the Planning Commission and how they should be looking at the impact of the development on the neighborhood. Roll Call vote: Wheeldon, Laws, Reid, Hauck and Hagen, YES. Motion passed. 2. Continuation of hearing on request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. Continued to February 4, 1997 PUBLIC FORUM John Sully/365 Granite Street/Submitted letter to council regarding a report and statement on engineering geologic report, Debris Landslide at Lantern Hill Development; prepared by B.G. Hicks, consulting Engineering Geologist, dated January 8, 1997. Does not believe that the owners of the property should be allowed to attempt to "take care" of the removal of debris from the old trash dump themselves. Feels there is a serious threat to property and human safety and the intent and meaning of Mr. Hick's report. Requests that council take immediate formal action to remedy this situation and make the property owners whole. Council directed City Attorney to look into this matter and council will place on agenda for first meeting in February. Scott Kurtz, 676 Liberty SVJoAnne Eggers, 221 Granite Street/Submitted to council a request from Watershed Partnership to council. The request explained who they were and what their goals are. Goals involve the assessment and documentation of the effects and City Council Meeting 1-21-97 3 -�J extent of the flood event, and to use the information collected to better understand and prepare for and respond to future events. Included assisting and supporting the rebuilding of flood damaged areas of Ashland and provide leadership and forums for open dialogue about key issues related to the flooding, its aftermath, restoration, and future geomorphic and hydrologic processes. Requests council to authorize participation of staff and city officials in the Watershed Partnership. Council suggestion to group, was to recommend policies, rather than assist and support. It was explained that staff is currently involved in the assessment and the group is invited to the council study session for their information. The group was also advised of a meeting with the US Forest Service. Ron Roth/6950 Old Hwy 99S/Questioned if there will be a public forum portion at the council study session. He has an idea he would like to propose to council in dealing with flood related problems involving Lithia Park and Guanajanto Way. Feels that if there was a group made up of Council and Parks Commissioners, it would be beneficial in the future. Voiced his appreciation of Mike Broomfield during the flood crisis. UNFINISHED BUSINESS 1. Report from City Attorney on ADA requirements for Ashland Street trees and sidewalks. City Attorney Paul Nolte submitted memo to council that restated his opinion as to the requirements of the ADA for those sections of sidewalks that are removed or that are repaired for Ashland Street. Any such alteration of the sidewalk, or any portion of the sidewalk, must be placed with a sidewalk which is accessible as defined under the ADA. His recommendation to council, that if any part of the sidewalk is repaired, that the repaired portion be accessible. Public Works Director Susan Wilson-Broadus explained for council that tree removal had been tentatively scheduled with the Parks Department around the first of this year. This plan will be re-assessed with the Parks Department and rescheduled accordingly. NEW & MISCELLANEOUS BUSINESS 1. Election of Council President. Councilor Wheeldon nominated Don Laws, Councilor Reid questioned rotating position of council president. Councilor Reid nominated Steve Hauck. Councilors Reid/Hagen m/s to nominate Councilor Hauck as Council President. Voice vote: all AYES. Motion passed. City cuund Meeting 1-21.97 4 :J ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of "an Ordinance Amending Chapter 2.41 to Reduce Contribution Limits by Political Committees and to Delete Contribution and Spending Limits for City Measures." Councilors Hauck/Laws m/s to approve first reading and place on agenda for second reading of Ordinance amending Contribution Limits. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and Laws, YES. Motion passed. 2. Reading by title only of "a Resolution Establishing the Plaza Business Flood Loan ("Save the Plaza") Fund for Restoration of Plaza Businesses Damaged in the 1997 Flood with Loan Repayment Proceeds to be used to Restore Lithia Park." City Attorney Paul Nolte explained that this fund would be established with the city, it would not use any city revenues. It would be funded only from donations from individuals. Those funds would be handled through SOREDI with the Chamber of Commerce to determine which businesses on the Plaza would be eligible for the loans. SOREDI would make the loans along with the collection, at no charge. The city would also not charge for handling the funds. Repayments on this loan would go toward helping restore Lithia Park. The reason for doing this through the city, is for the tax benefits. Councilors Hauck/Hagen m/s to approve Resolution N 97-06. Roll Call vote: Hauck, Hagen, Wheeldon, Laws and Reid, YES. Motion passed. 3. Reading by title only of "a Resolution Prohibiting Water Connections Outside the City Limits." (Requested by Mayor Golden) Mayor Golden covered different areas of the proposed resolution where the council may want to elaborate on or make better clarification. Council directed City Attorney to redefine those areas that were discussed and bring back for approval. 4. First reading of "an Ordinance expanding the Season for Outdoor Burning by Amending Section 10.30.020 of the Ashland Municipal Code." Councilor Laws requested clarification on council direction for this ordinance. He understood that council requested that there be a sunset provision instead of an annual report. Laws suggested that instead of an annual report to the council in January, that this ordinance shall terminate on February 21, 1998. Council discussed an annual renewal date on the ordinance and instructed City Attorney to make the language change, and bring back for approval at second reading. City Council Mee iug 1-21-97 5 Councilors Hauck/Reid m/s to approve first reading and place on agenda for second reading Ordinance expanding the Season for Outdoor Burning. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES. Motion passed. S. First reading by title only of "an Ordinance Amending Section 13.24.010 to Establish a Heritage Street Name List for Naming or Renaming Streets." Councilors Laws/Reid m/s to approve fast reading of Ordinance establishing a Heritage Street Name List. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon recognized Fire Chief Woodley on his detailed report of the New Year's Flood. Requested that the Arterial Street fund be placed on the next agenda for public hearing. Would like discussion regarding a Study Session with the Planning Commission on Local Improvement Districts. Requested date for Council Goal Setting. Councilor Hagen informed council that the Bicycle Commission had identified a possible location at Key Bank for bicycle parking. Questioned where the money would come from for expenses. Councilor Laws clarified for public a letter to editor that indicated at the last council meeting, that the Mayor had cut him off on discussion regarding placement of an opening on the Budget Committee. He stated that it is legitimate and is the role of the Mayor to keep council on track, which is what he felt the Mayor had done. ADJOURNMENT Meeting was adjourned at 9:05 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council M«G"g 1-21-97 6 I MH O cot PMaranaum °R[ao`.. December 26, 1996 111 0• Brian Almquist, City Administrator r rom: Paula Brown, Wetlands Coordinator �LIC1jCCt: UPDATE ON THE WETLANDS PROGRESS We are moving forward with the demonstration wetlands project. Things have been relatively stable and moving along primarily e path w e are but I thought I'd better bring you up speed Past : As you know, Cascade Earth Sciences was hired to complete the wetlands demonstration project; design, build, evaluate. After a few delays in interpreting and agreeing with the specific language of the contract, everything was signed in late August, and we were ready to start. The first series of coordination meetings were held on September 12 and included City staff (public works, administration, and parks) and DEQ. Schedule conflicts and communication glitches delayed our meetings with the Wetlands Coordination until early October. We had our first public meeting as a study session with the Parks Commission on.October 9th, followed by two other public education and interest meetings later that month. Preliminary conceptual design was reviewed with the City Council on November 5th based upon all of the public input and coordination with the extended project team. The Wetlands Coalition members have provided invaluable information and their interest in the success of this project helps provide guidance and give us different approaches. Present . Final pre-design has been reviewed with the Parks Commission few (December 4th) , and with DEQ (December 13th) . There e track details to be worked out with DEQ, but basically thing e on with the wetlands system. We are working with SOSC and their environmental department. Several students are interested in different facets of the project; technical and the education piece. We have received interest from several of the schools (elementary and middle school) on the.process and where they may be able to help. Future : I would like to update the City Council at their regular meeting on Janyapl-24th. By then, we will be closer to final design and should have most of the details worked out with DEQ. 1 Final design should be completed no later than the first week in January. Jon Gasik at DEQ has made every effort to cut his review time to 30 days. If everything can be worked out, we are looking at a late January / early February ground breaking on site. Should all of this told, we will remain on schedule for operations of the filter beds and the natural surface wetlands process. The filter beds will be the first constructed (completion in May) and the ' free surface wetlands will be constructed immediately following with completion in June. The whole system will be operational by the end of June or early July. This will allow for two full seasons of operation prior to the end of the study in December 1998 . The Consultant will be coordinating with Public Works to ensure the effluent is being removed and .returned at locations so as not to disturb Phase 1 of the treatment plant upgrades . Continual coordination will hopefully provide insights into possible alternative solutions to the future phases of upgrades to the treatment plant . Concerns : So far, the biggest concern is time . We have really compressed the schedule and are dependent upon DEQ to be able to compress their review schedule. If the review time slips, we will delay the filter bed completion and will have to do both the filters and the free surface wetlands portion at the same time to ensure all of this is on line by the end of June. DEQ had some concerns regarding the pumping and the ability to shut the entire system "off" in case of an upset, overflow or natural flooding. The design compensates with two pumps (redundancy) at the last pumping station, but we have thought about having a system shut off if both pumps fail. This should not be a problem to resolve. Fencing has been an issue from the beginning. It is my hope that we will not have to fence the area "off" as that pushes people away. We are extremely sensitive to the liability issue and are working on possible options . The primary need is to restrict physical contact with the treated wastewater being used in this "experiment . " We do not want to restrict access to the point that people do not feel comfortable with the natural process of the demonstration wetlands . I am hoping we will be able to use signage to explain the process, the risks with contact (human or domestic animals) , and have obvious pathways so that people will have adequate understanding and access to the area. Ultimately, we may have to have some type of fencing, but hopefully it will be low, unobtrusive, and fit within a park-like setting. Overall, I am pleased with the progress. Nothing moves as quickly as I would like, but we are getting there ! I will try to update you at least monthly, and more often as we get closer to construction and completion of the establishment phase. I am curious and looking forward to obtaining project results.. Thanks for your interest and support throughout . Cc : Greg Scoles Susan Wilson Broadus Gary Schrodt Jon Gasik Stuart Childs Jennifer Lee City of Ashland Minutes Council Special Session January 27 , 1997 CALLED TO ORDER at 2:35 p.m. Attendance: Mayor Golden, Councilors Reid, Hauck, Hagen, Wheeldon and Laws. Assistant City Administrator Greg Scoles, Budget member Dick Trout, City Recorder Christensen and local press. Purpose of meeting is to conduct oral interviews of applicants for the upcoming Council Position #6 vacancy. Candidates applying for position were Bob Taber, Robert Spira, David Fine, Martin Levine, Craig Berry, Jim Lewis, Dee Ann Everson, Cate Hartzell and Alan DeBoer. Each candidate answered questions by council directed on their view of trust between government and the citizens, why they would want to serve on the Council, particular areas or projects of interest, skills or experience they could bring to the Council and why they would want to serve on the Council, ideas on regional planning, economic development, knowledge of Oregon Landuse Policy and issues currently facing Ashland and methods of solving pressing issues. Adiournment Meeting was adjourned at 5:20 p.m. Barbara Christensen City Recorder .. y MINUTES CITY COUNCIL STUDY SESSION January 24, 1997 CALL TO ORDER Mayor Golden called meeting to order at 2:00 p.m., Council Chambers. Attendance: Mayor Golden, Council members, Laws, Reid, Hauck, Hagen and Wheeldon A. 1997 Flood Recovery Program City Administrator Brian Almquist spoke of the Presidential declaration of flood relief in the amount of $6.7 million to all the counties. Stated that this is only 1/10th of the amount needed to help fund costs for the damage in Ashland. Almquist reported that he had spoken to County Administration and they assured him that this is not a finite amount, and that more funding may be allowed. Slides of the flood were presented,along with description of appropriate flood project. It was determined that there are difficult decisions that need to be made on design for Winburn Way. Cost estimates submitted with some large projects are estimates only, until the design is worked out, the cost is not really known. Almquist noted that the bond issue being submitted to the voters in March could be substantially lower. City Administrator Brian Almquist gave brief descriptions of the primary flood. related projects and their estimated cost. The projects are as follows: #1 Reeder Reservoir $430,000 #2 Upper Canyon Road $ 50,000 #3 Lower Canyon Road $ 38,000 #4 Water Treatment Plant $125,000 #5 West Fork Dam-Ashland Crk $ 40,000 #6 East Fork Dam-Ashland Crk $ 40,000 #7 Water Street Repairs $ 40,000 #8 Hersey Street Bridge $ 30,000 #9 N. Main Street Bridge $ 10,000 #10 Nevada Street Bridge $ 11,500 #11 Granite Street Repairs $125,000 #12 Winburn Way Bridge- Protective Measures $119,600 #13 Winburn Way Bridge-Repairs $450,000 #14 Clay Street Water Line $ 65,000 #15 N Mtn/Lift Station Sewer Line $ 85,000 City Couneil Study Session 1-2497 1 #16 WaterLine Rd Water Main $ 85,000 #17 TID Ditch work- East of Ashland Crk $ 60,000 #18 TID Ditch work- West of Ashland Crk $ 20,000 #19 Glenview Dr & Granite St $ 20,000 SUBTOTAL $1,844,100 Lithia Park #20 Bridge repairs-various locations $125,000 #21 Riparian restoration $100,000 #22 Calle Guanajuato-channel work $100,000 #23 Replacement of front lawn $100,000 #24 Granite St reservoir $ 50,000 #25 Playground restoration $ 50,000 #26 Trail restoration $ 50,000 #27 General landscape/debris removal $ 50,000 #28 Irrigation System $ 50,000 Architect/Consultant $ 50,000 Contingency $ 25,000 SUBTOTAL 700 000 Remaining smaller City projects #29 Lantern Hill Rd $ 10,500 #30 Ashland Loop Rd $ 9,000 #31 Water St Bridge-plugged culvert $ 1,500 #32 Ashland Loop Rd $ 5,000 #33 Waterline Rd-undermined road $ 8,500 #34 Calle Guanajuato-remove debris $ 4,500 #35 Winburn Way-remove debris $ 14,500 #36 Wightman St-storm drain $ 2,500 #37 Winburn Wy/Plaza remove debris $ 3,500 #38 Bridge St/Lee St-storm drain $ 1,500 #39 Iowa St/Bridge St-storm drain $ 6,000 #40 Winburn Way Br-clearing channel $ 4,000 #41 Vista St-bank washout $ 2,500 #42 Elkader St-washout,replace culvert $ 2,000 #43 Strawberry Ln-road washout $ 2,000 #44 Wightman St-storm drain $ 4,500 #45 Plaza/Lower Lithia/Winbum Way- debris removal $ 15,000 #46 Water St-debris clearance $ 3,300 City Council Study Session 1-2497 2 #47 Wastewater Tmt Pit-channel work $ 10,000 #48 Ashland Crk Pump Station $ 5,100 #49 Bear Crk Trunkline & access rd $ 17,600 #50 Clay St/Siskiyou By water main $ 1,500 #51 Water St Transformer $ 1,950 #52 Granite St overhead powerlines $ 7,700 #53 Winbum underground electric line $ 14,950 #54 Winburn Wy underground electric $ 4,600 #55 Calle Guanajuato-rebuild underground electric line $ 1,950 #56 Calle Guanajuato-remove vault and transformer $ 5,300 #57 WWTP-remove debris $ 4,600 #58 Winburn Wy-sewer line repair $ 1,500 #59 Transmission line support structure- Reeder to Filter Plant $ 2,000 #60 Sewer line clean out- N Main to Hersey $ 1,600 #61 Sewer line clean out- Hersey St to Heiman St $ 3,200 #62 Lithia Park to Winbum- clean & repair 8" sewer line $ 1,500 #63 Misc street repairs/remove debris $ 11,550 SUBTOTAL $196,400 GRAND TOTAL ALL PROJECTS $2,740,500 B. Watershed Presentation - Scott Kurtz Clarified for council who they are and how they wanted to be identified. They felt they could be a resource group for the city. It was reported that assessments had been made on the major drainage areas in Ashland. The report on Hamilton Creek Watershed was shared with the council. Stated that this group is looking for direction on how to use this information and are working toward solutions as a whole. ADJOURNED Meeting was adjourned at 3:45 p.m. Barbara Christensen City Recorder City Council study Session 1-2497 3 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES December 16, 1996 ATTENDANCE: Present: Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Laurie MacGraw, Director Ken Mickelsen. Absent: None I. CALL TO ORDER Chair Coppedge called the meeting to order at 7:00 p.m. at the Department Office, 340 S. Pioneer Street. II. ADDITIONS OR DELETIONS TO THE AGENDA Under New Business, Director Mickelsen added review of bids for tree work. III. APPROVAL OF MINUTES A. Regular Meeting - November 20, 1996 Commissioner Adams made a motion to approve the minutes of the November 20, 1996 Regular Meeting as written. Commissioner Alsing seconded. The vote was: 5 yes - 0 no B. Special Meeting - December 4. 1996 Commissioner Alsing made a motion to approve the minutes of the Special Meeting on December 4, 1996 as written. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner MacGraw made a motion to approve the previous month's disbursements as indicated by checks #14985 through #15155 in the amount of $262,949.76. Commissioner Adams seconded. The vote was: 5 yes - 0 no B. Approval of 1995-96 audit Director Mickelsen presented the independent audit report to the Commission for fiscal year 1995-96. He reported that it was the seventeenth consecutive year that the audit has reflected no material weaknesses in the department's financial records. He indicated that this report would also be submitted to the GFOA for a Certificate of Achievement as have the reports of the last eight years. MonoN Thanking staff for its continued excellent work, Commissioner Adams made a motion to approve the 1995-96 audit report as presented. Commissioner Bennett seconded. The vote was: 5 yes - 0 no Regular Meeting - December 16, 1996 Page 2 Ashland Parks and Recreation Commission V. PUBLIC PARTICIPATION A. Open Forum None B. Certificate of Appreciation - Patricia Adams On behalf of the Commission, Department and community, Chair Coppedge presented Patricia Adams a plaque expressing appreciation for her eleven years, 1885 - 1996, of dedicated service as Parks and Recreation Commissioner. VI. OLD BUSINESS None VII. NEW BUSINESS A. Approval of rate structure for Oak Knoll Golf Course Commissioners reviewed a memorandum dated December 13, 1996 from Director Mickelsen outlining a minor proposed change to the rate structure which had been presented at the Study Session on December 9, 1996. He indicated that at the Study Session the golfers who were present did not state any difficulty with the new rates. However, since the Study Session, staff and individual Commissioners had been contacted by golfers who expressed concern that Annual Memberships would not cover tournament play. Director Mickelsen said that he had attended a meeting of the Men's Club and that the memorandum outlined a compromise that he believed the golfers felt was fair and would support. Essentially, the change would be that Annual Memberships and monthly passes would not include play on any weekend tournaments or any holiday between May 12th and September 15th; during the remainder of the year, annuals and monthly passes will include tournament and holiday play. Director Mickelsen said that both her and Golf Pro Mr. Haney felt that this would adequately protect income for the course during prime time. Commissioner Coppedge expressed concern with the structure of the Annual Membership fees. She felt that the rates as presented for "Family" were way too low. She suggested that the Commission consider three levels of annuals: a single rate, a couples rate, and a family rate with the base price the same as for "couples" with a set increment for each additional family member. Indicating that she believed that only a $175 increase between the Single rate and Family rate for 7-day memberships was not sufficient, she made some hypothetical suggestions as to how the rates could be adjusted to be more equitable. Commissioner Alsing inquired as to how staff had come to recommend the current Family rate proposed. Director Mickelsen indicated that to a degree the proposed rates followed historic precedent with moderate increases; this structure has worked for the course in the past. He also indicated that the modest Family rates were in part designed to encourage family activities and to make golf affordable for families. He also indicated that in analyzing the statistics gathered over the last year that each "annual round" played on the course earned more money for the course than the average "monthly round" played on the course. Some individual purchasers of Annual Memberships who play very frequently may be getting a super bargain, however, staff believed that the overall income earned from annuals per round was acceptable. Regular Meeting - December 16, 1996 Page 3 Ashland Parks and Recreation Commission 1997 Rates for Oak Knoll - CONTINUED Following lengthy discussion, consensus among Commissioners was to accept the 1997 fees as presented. Commissioner MacGraw indicated that she was still concerned with the rate structure for Monthly Passes; she would prefer to have each month increased a little more but to reduce the substantial increase for June, July, and August. MOTION Commissioner Adams made a motion to adopt the fee schedule as presented at the Study Session as outlined in the memorandum dated December 9, 1996 with the modifications for tournament play as outlined in the memorandum dated December 13, 1996. Commissioner Alsing seconded. The vote was: 4 yes - 1 no (MacGraw) B. Award for bids for urban tree work Commissioners reviewed two bids for tree pruning within the parks system. Director Mickelsen said that staff recommended that the Commission accept the low bid from Tom Myers of Upper-Limb-It. Director Mickelsen indicated that the amount bid was within budgeted parameters. MOTION Commissioner Bennett made a motion to accept the bid from Tom Myers of Upper- Limb-It per bid specifications. Commissioner Adams seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS A. _Continuation of agreement with natural area coordinators Commissioners reviewed a draft outlining a continued scope of work for Linda Chesney and Kari Tuck who are assisting in the planning phase of the natural area of the N. Mountain Park site. Commissioners modified some wording in the draft agreement. In relationship to grants, Commissioners wanted to review all grants prior to submission because of the implied obligation of funds if the grant were awarded. And, secondarily, again due to the implied allocation of monies, the phrasing of section VI concerning working with the schools and college about establishing a staff position for environmental education, that the language "explore the possibility" be included so as not to imply that the Commission has as yet made a decision that such a position is going to be created. Commissioners Adams, Coppedge, and Alsing indicated that in exploring possibilities for development and use of the natural area that enthusiasm does not out-pace actual commitments, particularly financial commitments, made by the Commission. By consensus, with the modification in wording discussed, Commissioners approved the draft of the new scope of work for the natural area coordinators. Regular Meeting - December 16, 1996 Page 4 Ashland Parks and Recreation Commission B. Reduction of noise level for ice rink generator Having investigated the most effective means to keep the decibel level of noise from the ice rink generator from reaching the Granite Street neighbors, Director Mickelsen reported that the recommendation was to build a nine foot noise barrier fence around the generator. The cost of the fence would be approximately $2,500. After brief discussion, Commissioners authorized proceeding with the fence. Director Mickelsen also reported that the Electric Department was proceeding with placing shades on the lights around the ice rink to help minimize their affect on neighbors. IX. ITEMS FROM COMMISSIONERS Commissioner Adams took the opportunity to thank Department staff and all the Commissioners with which she has served for eleven interesting and challenging years. She said that serving as a Commissioner has been a complete pleasure even through the hard times, and, being able to support Ashland's parks and recreation system has been one of the most rewarding jobs that she has been able to undertake. She thanked the citizens of Ashland for allowing her to do so. X. UPCOMING MEETINGS and PROPOSED AGENDA ITEMS The following dates were set for upcoming meetings: Monday, January 27, 1997 - Work Session - Goal setting, review of organizational structure and duties, discussion of department financing and 5-year Capital Improvement Plan. Tuesday, January 28, 1997 - Regular Meeting Monday, February 3, 1997 - 1997-98 Budget Study Session Monday, February 10, 1997 - 1997-98 Budget Study Session Monday, February 24, 1997 - Regular Meeting XI. ADJOURNMENT With no further business, by consensus, Chair Coppedge adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department r .. • � CITY OF ASHLAND CqZ Administration Office of the City Administrator . MEMORANDUM I REGO� ` DATE: January 31, 1997 TO: Honorable Mayor and City Council FROM: Brian L. Almquist, City Administrator RE: Monthly Report - January 1997 The following is a report of my principal activities for the past month and a status report on the various City projects, and Council goals and notes to staff for 1995-96 and 1996-97. I. PRINCIPAL ACTIVITIES: 1. Flood and flood-related activities! 2. Attended monthly meeting of Chamber of Commerce Board of Directors. 3. Met with Senator Wyden regarding FEMA assistance. 4. Met with Staff regarding upcoming public hearing on Orange Avenue LID. 5. Attended meeting of Rogue Valley Civic League Board of Directors. 6. Met with Dani Dodge of Mail Tribune to assist her in writing a story about the history of flooding in the Plaza area. 7. Met with Lance Pugh regarding future of Old Ashland Armory as a performing arts center. 8. Met with consultant Peggy Young (Christiansen) to set ground rules for bargaining with our five labor unions. 9. Attended meeting to review preliminary plans for the Central Ashland Bikeway. E fi 10. Participated in monthly Town Hall on RVTV with Mayor Golden and Councilor Reid. 11. Met with Ashland District Ranger Linda Duffy regarding watershed issues. 12. Participated in annual two day Council goal-setting session at Ashland Hills Inn. STATUS OF VARIOUS CITY PROJECTS: 1. Capital Improvement Plan. A study session was held on June 19 to present the preliminary draft of the plan for Council review. The City Council approved the ordinance implementing new SDC fees on December 17. Now that these fees are set (with the exception of Transportation SDC'c), we have revised the CIP and plan to present it to the Council in February. When the Transportation Project Plan is complete and revised SDC'c adopted, we will present an addendum to the CIP for these projects. 2. Indiana/Siskiyou Realignment. The preliminary design has been agreed to by the three parties and all have now approved the contract. At a meeting with college and state officials, it was agreed that city electric crews might be used to relocate some of the signals and thereby allow the project to be completed within budget this summer. Plans are now being prepared for bids. 3. WWTP Upgrade/Wetlands Demonstration Project. The contract for the demonstration Wetlands/soil treatment was awarded at the June 3 meeting. DEQ has approved our schedule. We awarded the bid to CES Engineering and they made their first report to the Council on November 5. The Parks Commission has approved final plans, and construction should begin soon. 4. Central Ashland Bikeway Project. Adkins Engineering was awarded the design contract and we have now received the preliminary plans. We are hoping to go to bid on the entire project this Spring (8th & A Street to Tolman Creek Road). 5. LID/Arterial Street Fund. The Council set a public.hearing for December 3, and asked that copies of the report and recommendations be sent to all interested parties prior to the hearing. The Committee met again on December 9 and decided to proceed with the establishment of the Arterial Street Assistance Account, but determined that more work is needed on the other aspects of their recommendations. 6. E Main Street widening-RR to Walker. Bids were opened which were substantially over the engineers estimate. We have decided to re-bid the project in February 1997. 2 7. Mountain/E. Main Signalization. We have been awarded a grant from the Gasoline Anti-trust suit proceeds in the amount of $75,000. The signal plans have been completed and hope to be ready to begin the project by early Spring with most of the work being performed by the Electric Dept. and Street Division crews. 8. Misc.concrete/sidewalk construction. This project includes the first third of sidewalk replacement on Hwy.66 and sidewalk repairs and construction throughout the city, as well as handicap ramps and other facilities. Bid was awarded and work is underway. Council placed a hold on tree removal and sidewalk repairs at its November 5 meeting. City Attorney Nolte reported his findings on ADA issues at the January 7, 1997 meeting and the Council will be asked to clarify what is to be done at its February 4 meeting. III. STATUS OF UNCOMPLETED 1995-96 COUNCIL GOALS: 1. Resolve office building/space needs issue. Council held a special public hearing on September 24, and decided to simultaneously pursue both the upgrade and expansion of City Hall and the East Main addition, while pursuing the Hillah Temple when it becomes available. Staff is to present timetable and financing plan as soon as practicable. We are currently revisiting the space needs requirements for city hall departments. We hope to have a full report to Council in February. IV. 1996-97 COUNCIL GOALS: 1. Encourage alternative transportation modes through such means as: a. Encouraging streetscape improvements that enhance walkability and code enforcement to remove barriers (dead trees, tall hedges, etc.) b. Completing negotiations for bicycle access from Jackson Road to Crowson Road along the railroad tracks. c. Exploring development of a transportation coordinator position. We have now selected a Code Enforcement officer who will be responsible for barrier removal on sidewalks, easements, etc. 2. Reexamine growth management policies as they affect density, transportation, and city services. 3 NOTES TO STAFF 1996-97: 1. Planning Department to consider CUP criteria when Railroad District neighborhood plan is reviewed. (Underway) 2. Administration will continue to explore purchase of land for a Transportation Center that ensures the option for a future rail link. (Spoke in August with Paul Comstock who owns land East of Oak Street Tank. He is now not interested in an equity trade due to the fact that he has been unable to locate a larger site at an affordable price. I also spoke with Oak Street Tank owner Gene Morris who has an interest in moving his business, but who has also been unable to find suitable land in town) 3. Administration will work with the School District and RVTD to develop a bus route to E. Main and Walker that serves the Pacific NW Museum of Natural History. (Councilors Laws and Hauck met with RVTD to discuss options. Cost of route is now being evaluated, although the future of RVTD funding is in doubt due to the passage of BM 47) 4. City Administrator to recontact Vogels about viability of purchase. (I gave the Council a memo at the June 18 meeting indicating that the Vogels are interested, but don't want to be contacted again until after January 1 st) 7. Councilor Hauck will study and report back to Council with recommendations for the City's role in economic development. Possibly use SOSC interns to assist. 8. Computer services will evaluate, as part of its on-going assessment, City needs for new technology and Present to Council through Administration. Councilor Hauck will continue to review and present broader community needs to Council for consideration. Possibly use SOSC interns to assist. (Dick Wanderscheid has agreed to chair a task force of user representatives to develop an RFP, select a consultant and prepare a strategic 5 year plan for our information network. This work began in August) c Brian L. Alm ist City Admini trato BA:dg2 e;�pF ASiy;°•,, City of Ashland 4Z° City Hall ' OREGOa .. City Recorder's Office 20 E.Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 January 27 , 1997 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Y/ Liquor License Application Application has been received from Patricia A. Groth for a LIQUOR license for an ESTABLISHMENT, Morning Glory at 1149 Siskiyou Blvd. , Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. 02/04/97 17:35 -x503 229 5650 D.E.a.- ul)/I:A »+- 1ED Ultl) uiiicz LQjuu[iuu: n 1l February 4, 1997 DEPARTMENT OF ENVIRONMENTAL Mayor Catherine M. Golden City of Ashland QUALITY 20 E. Main St Ashland, OR 97520 Dear Mayor Golden: The Department and the City of Ashland have forged a partnership in recent years to reduce pollution from the City's sewage treatment plant and improve the water quality in Bear Creek. One part of that partnership has been exploration of a plan to have the Talent Irrigation District utilize the treated effluent for irrigation, which was the subject of a recent article in the Ashland Daily Tidings. We believe that such a plan holds promise for all parties concerned. However, the recent article contained statements attributed to DEQ staff that require correction. In the article, we were quoted as saying that no one with the City of Ashland was interested in the TID project prior to the current Public Works director. In fact, DEQ staff had met with City Manager Brian Almquist and the then-acting public works director early last year, at the City's request, to discuss the feasibility of the TID project. We are aware that other discussions between the City and TID have taken place for a number of years. The article also contained speculation on our part about the future status of the TID project, if the current Public Works Director is no longer there. Such speculation was inappropriate, particularly given the long history we have shared on the Bear Creek issue, the City's interest in cost-sensitive solutions, and the City's actions to move toward a solution over the last 2 years. We apologize for the inference and pledge our continued cooperation with the City in moving forward with effective solutions to the water quality problems in Bear Creek. Srely, Zz r� " ?4 QN Larfgd/n Marsh Dire or LM:sag/db cc: Dennis Belsky 811 SW Sixth Avenue Portland,OR 97204-1390 (503) 229-5696 TDD(503) 229-6993 o¢Q-t. 02/04/97 17:35 -aS03 229 5650 D.E.Q.- uu,r.� .+. � Vru^v Urri"Z �J UUZ/UUZ 1J February 4, 1997 DEPARTMENT OF Mayor Catherine M. Golden ENVIRONMENTAL City of Ashland QUALITY 20 E. Main St Ashland, OR 97520 Dear Mayor Golden: The Department and the City of Ashland have forged a partnership in recent years to reduce pollution from the City's sewage treatment plant and improve the water quality in Bear Creek. One part of that partnership has been exploration of a plan to have the Talent Irrigation District utilize the treated effluent for irrigation, which was the subject of a recent article in the Ashland Daily Tidings. We believe that such a plan holds promise for all parties concerned. However, the recent article contained statements attributed to DEQ staff that require correction. In the article, we were quoted as saying that no one with the City of Ashland was interested in the TID project prior to the current Public Works director. In fact, DEQ staff had met with City Manager Brian Almquist and the then-acting public works director early last year, at the City's request, to discuss the feasibility of the TID project. We are aware that other discussions between the City and TID have taken place for a number of years. The article also contained speculation on our part about the future status of the TID project, if the current Public Works Director is no longer there. Such speculation was inappropriate, particularly given the long history we have shared on the Bear Creek issue, the City's interest in cost-sensitive solutions, and the City's actions to move toward a solution over the last 2 years. We apologize for the inference and pledge our continued cooperation with the City in moving forward with effective solutions to the water quality problems in Bear Creek. Sincerely, Larigdpn Marsh Dire r LM:sag/db cc: Dennis Belsky 811 SW Sixth Avenue Portland,OR 972041390 (503) 229-5696 TOD (503) 229-6993 oct-1 io '97-02-04 18: 12 5415354108 P.001 Takes I D 10A VALLEY VIEW AVE. R.o, BOX A67 AREA CODE 500 — 505.1529 TALENT, OREGON 97540 City of Ashland Dear City of Ashland, TID's negotiations with the City of Ashland is for the good of the community. The presence or absence of one of the personalities does not affect the direction of the discussions. These issues have been in discussion for several years.. I don't anticipate the change of personnel to change the fact that the City of Ashland and the Talent Irrigation District are in negotiations. Sincerer-,, Hollie Cannon Manager �•8 ry 9✓gA �2L o' Tu) E ao acv Paa o � 8 0 '�,,ggo .� �y°BoQg v.«oc ❑w aFj:SAa.G o Wy'dmy `7' ^^,, -E' 8.c Ut muu°8 a4E aL vm�B.AbS o E c 'G'Go �orJV- o 'xT4� W 3 ZJ'y6 ozm!�2o ��8, - t. tj$g �, 3 9i LOD a`4c °°�g�E�i > B'O �) ci U4o:d: � >, >•o 'e�`�cg '"��.� '�$ �Ft > U�g°cmm wa `d98;Cll..�v5,.uI 'S ��. Z G9Zx �t5I� A L a Ay �F3IH v$ 9 d PH a m m `J G u° m W MH 5 � E d Sm xS'w � 8m � SU gg�T` �!`aW�s.o2.��.a Avg yc`,jO M 391111$1 aSh, Hung AIIH�L ycY5g eppa m P . R!--ft$A$P� DN� t-dmgg>>IT T � J' L � $O�J i']C all L. pp,� t" 000 gg ^' y l- g� a �a � � a55 � 5 8110 3l �w 8 � F"COSZ O«4 °3 r'O' oym3 "`�_ ]cl `d 3$ D 'Ja �E �Y m�N a� o�� ���g �?'/pj� �•C C6'''III44Z ���� NO T �,�q a� U a�S�_V$�.° �� . ap8LE P mLO�IBoyy��� 8p�❑��'''TE � ,E�i�gc°3Ea 8'.'" �Z ,5� VV �C a.a� "c � "yam Yl 3F•- ozFc�°i°�'c. � e8y8 Y1 >s J m �TZ�° 9Y1m Tq w >' Ea'c �E." >°- vN r°�.' La$ o.$a 8' `� 88 a .5 CSmL °"F' T ° € 8 3 �� � Avg q° U�n J. ° m i'S � y� �8 � .g `�$ o M $ ng E�i�a'y .o egla �{�{pp,� o m n op o ° 9 p cyl �J0z���� January 10 , 1997 Memo To: Brian L. Almquist , City Administrator Mayor Cathy Golden and City Council From: Keith E . Woodley, Operations Section Chief Subject: 1997 New Year' s Day Flood Operations Section Report (Times are approximate) Dec. 31, 1996 1000. Brian Almquist convenes meeting of city department Heads to review weather forecasts, status on Hosler Dam and potential for flooding along Ashland Creek. Emergency management measures are identified and discussed. Flood advisory notices are ordered for property owners/occupants in Ashland Creek flood plain. 2130 Ashland Dispatch notifies Fire Chief Keith E . Woodley of activation of Jackson County EOC. Chief Woodley contacts Dale Bohannon of JC EOC and obtains briefing, offering assistance of City of Ashland if needed. Bohannon advised no road closures or flooding reported in south Jackson County/Ashland area . Ast . Chief Don Paul is also CQ y. notified of county EOC activation. ` Jan. 1, 1997 0000 Ashland Dispatch contacts Fire Chief Woodley and . advises an emergency management meeting has been called for city department heads at 0100 hrs 01/01/97 . Chief Woodley contacts Ast . Chief Don Paul and provides briefing. 0020 Chief Woodley arrives at Ashland Fire Station #1 . 0021 Ast . Chief Paul / Division Chief Shulters arrive at Ashland Fire Station #1 . 0027 An "all call" is sent out for all off-duty fire personnel to report to work for flood control operations . 0047 Ast . Chief Paul responds to Plaza with two street barricades to close Winburn Way at Plaza . Chief Paul directs sandbagging operations for Plaza . 0047 Chief Woodley/ Div . Chief Shulters respond to Winburn Way at box culvert bridge near Plaza . Water is still in creek channel , but impacting heavily with concrete bridge face at Winburn Way crossing. Sand bags are requested to create a surface stream channel across winburn Way to other side of culvert to handle excess water flow to prevent damage to plaza buildings . . 0100 Ashland EOC activated, Department Heads briefed. Police Chief Gary Brown assumes " IC" responsibilities and appoints Fire Chief Woodley as field Operations Section Chief . Chief Woodley assigns Division Chief Susan Shulters as Search, Rescue & Safety Coordinator for fire department operations . 0120 First load of sandbags for Winburn Way culvert arrives by Parks Department . Deployed by fire department . 0130 Div. Chief Shulters sent To SOSC Science building to investigate flooding report . 0159 Ast . Chief Paul reports Winburn Way sandbag dike is in place . Sandbagging continues in front of Lithia Stationers & Renaissance Rose doorways . 0200 Chief Woodley conducts checks on Waterside Inn at culvert crossing on Water Street at 20 minute intervals . It is decided to evacuate .occupants and notifications are implemented. 0220 Chiefs' Woodley/Shulters respond to Ashlander Apartments to report of flooding. After an assessment of the situation, it is determined that no immediate threat to life exists if residents stay inside the building. Heavy debris is accumulating on Siskiyou Blvd. at Hamilton Creek culvert . ODOT is notified. 0228 Rescue 8831 dispatched to East Main/I Street in Talent for coronary patient . 0247 Rescue 8832 dispatched to motor vehicle accident 5th/B Streets . 0257 Rescue 8833 dispatched to I-5 NB Valley View exit for motor vehicle accident . 0300 Chief Woodley requests more sandbags from Ashland Public Works . 0339 Street 45 delivers additional load of sandbags to Winburn Way at culvert crossing . Sandbags are positioned along Calle Guanajuato to protect basement and store doorways . Water has risen in the stream channel to street level and is flowing across Winburn Way down Calle Guanajuato along the wooden fence .near the stream bank . 0416 Ashland Fire Rescue #8832 arrives on Winburn Way for scene support activities . Sandbagging is continuing to strengthen the Winburn Way dike . Dike ' is holding back approximately four feet of water. 0446 Rescue 8832 dispatched to 277 Harrison for medical . C0536 Large pine tree is dislodged in creek bed above Winburn Way culvert and is brought downstream. Tree strikes culvert, is thrown partially out of the main stream channel and strikes the sandbag dike across Winburn Way, breaking a 20 foot opening in the dike . A four foot high wave of water breaks against the south building wall of the plaza complex and continues east around the front of the plaza buildings and travels down the front sidewalk to Main Street . 0536 Efforts reassigned to sandbagging businesses along Plaza sidewalk at front doors . . . .water forcefully coming down plaza sidewalk. Quantity& velocity makes footing very difficult to maintain. Most business doors were sandbagged before conditions prevented further work in that area . 0540 City backhoe attempts to remove tree from dike line on Winburn Way. Tree is removed and attempts made to reconstruct sandbag dike in four feet of water. Effort somewhat successful, however Plaza still receiving water from bank breach across from Skating Rink . 0600 Water moving across total Plaza width from storefronts to City Hall sidewalk. Front of Lithia Park under water from breach in river bank. Water depth at 8 to 10 inches on Plaza and moving fast across Main Street and down stairs into Bluebird Park, Brewery and down Water Street . 0609 Granite street closure at 500 block requested by AF&R. Chief Woodley reports 50 lineal feet of roadway missing . 0611 Rogue Brewery and Thai Pepper flooded. Check of premises by APD leaves little hope of controlling water influx until flood levels subside . 0620 Fire Department advises Winburn Way closure at box culvert crossing necessary. 0700 EOC briefing held. 0842 Advised of freeway closure at Bear Creek bridge, North Main at RR overpass, and Oak Street at Eagle Mill . Mercy Flights requested to cover EMS responses north of MP 19 due_ to lack of AF&R access . 0956 Requested APD for citizens wading through water at Hersey and Oak Streets 1001 Rescue 8832 dispatched to medical at 2234 Siskiyou Blvd. 1102 Additional sandbags requested on Plaza now that stream flow has been reduced to protect businesses . 1242 All utilities to Winburn Way, sections of Granite Street and Plaza are shut 'off . 1249 Chief Shulters dispatched to 512 & 516 Granite St . to report of .mud slide into house . Evacuation of occupants and area advised. ' 1423 Rescue 8831 dispatched to Nauvoo Trailer Park to support rescue/evacuation operations . 1600 EOC MEETING (Shulters representing Woodley) 1745 , 516 Granite : Reported Natural Gas Leak. 1833 Major log and debris jam at wood deck over Ashland Creek behind plaza businesses . Trac Hoe equipment requested through Public Works personnel . 1948 Granite Street advisory evacuations in slide area completed. 2159 Natural gas smell (N. Main) 2300 8856 briefing City Water Dept . and Police Sgt . on Water Safety 2345 Shulters, Woodley, Paul at home . V Jan. 2, 1997 0100 EOC Meeting - Woodley attending. 0224 Rescue 8831 dispatched to 733 B Street on medical . 0230 Woodley home . 0511 Rescue 8831 dispatched to 81 Alida Street for medical . 0736 Woodley, Paul meet with Brian Almquist regarding identification of water control strategy for Plaza flooding. Burl Brim excavation equipment on scene awaiting instructions . Effort extended throughout day toward returning stream flow to channel . First priority to clear log jam behind Plaza as water from stream channel was being deflected into buildings . 0741 Woodley requested dump truck for removal of stream debris on Calle Guanajuato from trac hoe operation. Additional Trac Hoes arrive from Wayne Christiansen, requested by Public Works Director. Equipment is assigned task of creating a 12 foot high berm across the front of Lithia Park along Winburn Way to re-channel flood flow back into Ashland Creek . Attempts also undertaken to free debris from Winburn Way culvert, but unsuccessful . 0746 371 Wightman Street, culvert overflow 0751 Water line rupture Lee and Bridge Streets 0828 Rescue 8831 dispatched to 143 Nutley for medical emergency. 0830 Shulters On Duty (assignment to track street closures and to determine damage of homes on Granite Street with Mike Broomfield' s assist . Also to establish written guideline for water safety. ) Shulters assigned FF/Paramedic Greg Case to contact local resources and .inquire about water rescue equipment . Five PFD' s, Five Helmets, Three Throw bags and one 200 ft . utility line purchased. Also obtained more PFD' s from Sue ' s home . Shulters briefed on-duty crews on appropriate clothing to wear when near swift water . 0900 Shulters met with dispatch and Street Department to determine street closures . Road closure information faxed and e-mailed to station 1 . JCFD #5 water tenders placed on standby as city hydrant system is out of service . 0930 Burl Brim Trac Hoe breaks hydraulic cylinder and is out of service after log jam cleared. Christiansen Equipment is still working on berm. - 1057 Rescue 8832 dispatched to 607 Park Street on medical . 1100 Shulters met with Mike Broomfield and began inspecting homes on Upper Granite St . 1129 Rescue requested from 15 Winburn . Apartment complex above Renaissance Rose has two persons trapped inside by high water/blocked exit door . Determined that no immediate risk to life is presented. Advised to remain in building until just prior to dark to take advantage of lowest water levels . Fire personnel will remove at 1600 hrs . 1211 Shulters establishes Command at Granite Street . Homes at 512 , 516 , 518 & 532 are condemned and evacuated due to slide activity. Access barrier tape line placed with assistance from Mike Broomfield. 1242 Request to check gas service at 500 Granite . 1309 Shulters establishes Lantern Hill Drive Command. Mud slide impinging on homes at 355 & 385 Granite . Requested- Street Dept . to remove debris and granite from street for access . 1400 Difficulties encountered as we attempt to close last 20 feet of berm, water level and velocity begin eroding decomposed granite . Water on Plaza has been significantly reduced, but cannot be eliminated by these means . Soon after decomposed granite berms are finished, heavy erosion begins from flood water action. Concrete barriers are considered, but are not available in sufficient quantity and would not be totally effective . Berms are determined to be unreliable as a measure of keeping water off of Plaza area . 1500 Excavation of Ashland Creek channel begins just north of Ice Skating Rink . Trac Hoe moves slowly down stream channel toward Plaza . Water begins to return to original creek bed. Several trees in channel are removed to gain access to creek bed. 152.3 Rescue operation began at 15 Winburn Way. Water rescue gear donned . . . . . . ladder manually carried across Winburn behind Plaza . Ladder raised and two persons escorted down ladder. PFD' s applied to both residents . Assisted two, walking, across water . 1600 EOC MEETING (Shulters attending for Woodley) 2000 Chief Shulters at home, available . 2302 Chiefs' Woodley/Paul at home, available . Jan. 3, 1997 0652 Woodley/Paul/Shulters at Plaza for structural evaluations, assistance to building official, merchant assistance . Activities continue throughout day. Shulters is Safety Officer for operations . 0925 Rescue 8831 dispatched to 548 N Main Street for medical . 0947 Rescue 8832 dispatched to 500 YMCA Way medical . 1003 Natural gas odor 171 West Nevada . 1035 Rescue 8831 to 472 Scenic on medical . 1142 Water heater problem at 189 Westwood. 13.54 AF&R requesting police assistance to keep curiosity seekers out of Guanajuato area. 1426 Rescue 8831 to RVMC for patient transfer. 1452 Rescue 8832 to 237 N First Street on medical . 1600 EOC MEETING (Woodley/Paul) 1636 Rescue 8832 .to Hyatt Lake for trauma call . 1640 Chief Shulters requested to respond to Hyatt Lake to assist . 1843 Rescue 8831 to 556 B Street on medical . 1852 Rescue 8831 to I-5 SB RR trestle MVA. 2000 Chiefs' Woodley/Paul/Shulters home, available . 2140 Rescue 8832 to 733 Faith for public assist . 2143 Rescue 8831 to I-5 SB MP 7 . 5 for MVA. 2338 Rescue 8831 / Engine 8801 to MVA at Scenic/Manzanita . Jan. 4th, 1997 0655 Rescue 8832 dispatched to 607 Park #6 for medical . 0800 Chiefs' Woodley/Paul/Shulters at Plaza re : structural safety survey, salvage operations, coordination with merchants . 0905 Rescue 8831 dispatched to 495 Waterline for medical . 0924 Rescue 8832 reports landslide on Ashland Loop just between Morton Street and Waterline Road. 0926 Rescue 8831 to Ashland Loop Road slide to investigate for injuries . 0926 Rescue 8832 to Long Way to investigate Ashland Loop Road slide due to icy road conditions on Waterline Road. Crew hiked in from bottom. 0942 Rescue 8832 / Engine 8801 to Vista Street natural gas leak. 1054 Rescue 8831 to 145 Manzanita medical . 1111 Rescue 8832 to I-5 NB MP 9 medical . 1300 EOC briefing (Woodley/Paul) 1327 Rescue 8832 to Mt . Ashland for skiing injury. 1400 Shulters briefed fire personnel at Station 1 regarding Plaza operations . 1500 Shulters assigned to Renaissance Rose to escort two owners in retrieval of objects . One and one half hour maximum. Business occupants were able to get to back S . storage room where one computer was located. NOTE : Unstable floor found in walkway in storage room. Advised Engineer and evacuated business .. 1800 Woodley/Paul/Shulters home, available . Jan. 5, 1997 0029 Rescue 8831 dispatched to 460 Arnos #59 for medical . 0731 Rescue 8834 dispatched to 733 Faith on medical . 0800 Paul/Shulters on Plaza to escort businesses in for 15 minute retrieval of personal equipment/items . assistance given merchants with shoveling out several businesses . Assisted Gateway Realty with removal of granite and desks . 0813 Water heater problem. 0830 Escorted owners of R. Rose into building to get purse . 0930 Businesses evacuated as basement pumping began. Assisted in perimeter control and moving items left over in Small Change store . "Bucket brigade" at Munchies moving Granite from stairwell entrance . Heavy machinery at Plaza moving sand from sidewalks 1030 Rescue 8831 to .269 Nevada Street for medical . 1300 EOC briefing, Paul/Woodley attending. Plaza operations continued throughout afternoon. 1700 Woodley/Paul/Shulters home, available . Jan. 6th, 1997 0551 Structure Fire 445 Oak St . Damage confined to bedroom. 0800 Woodley/Paul and shift personnel on scene at the Plaza to assist in evacuation of additional contents . Shulters assigned to begin collection of incident documentation information for "after- action" report . 0824 Rescue 8831 dispatched to 234 Gibson Street , Talent , on medical . 1058 Engine 8801 to 31 Water Street on natural gas leak . 1122 Rescue 8831 to 2804 Diane Street on medical . . 1154 Rescue 8831 to RVMC for patient transfer. 1300 EOC briefing (Woodley/Paul attending) Last briefing, EOC closed and essential functions transferred to City Hall offices . 1410 Chief Paul advised that the engineer' s report on Renaissance Rose, Lithia Stationers, Gateway Realty & Small Change, indicates the floor is unstable and we no longer will be allowing anyone access into these buildings . 1417 Rescue 8832 to Army National Guard on East Main MVA. 1500 Briefed John McLaughlin of Planning Department who is overseeing reconstruction. 1700 Woodley/Paul home, available . Jan. 7, 1997 0800 Woodley/Paul to Plaza for structural safety standby and coordination with building official and engineers . Two shift personnel also assigned to area outside Lithia Stationers . Shulters working on incident documentation at office . 0900 Woodley organized/supervised LDS Church Youth Group in clean-up of Plaza island until 1300 hrs . Provided media tours for Channels 5 & 10 to cover volunteer work . Coordinated access for merchants/contractor with APD. 1200 Plaza released to Plaza merchants and police barricades moved to north & south ends of business complex. 1300 Woodley to office to begin assembling incident documentation report . Paul supervising safety standby until 1700 hrs . 1700 Activities on Plaza concluded for day. Jan. 8, 1997 0800 Chief Paul on Plaza working with building official and engineers and building owners on south end of Plaza . Two firefighters assisting with safety standby. Woodley at office working on documentation . 1700 Activities on Plaza concluded for day. Jan. 9, 1997 1100 Chief Paul on Plaza working with engineers/building official and owners on structural issues. Two firefighters assigned safety supervision. Woodley conducting tour of flood impact area with FEMA volunteer. 1700 Activities on Plaza concluded for day. Contents of Record for Ashland Planning Action 96-094 REQUEST FOR OUTLINE PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT 25 WESTWOOD STREET. APPLICANT: ANNA HASSELL Public Notice Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Criteria for Outline Plan Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Petition Appealing PA96-094 received 10/15/96 . . . . . . . . . . . . . . . . . . . . . . . . . 3 Planning Commission Findings 9/10/96 . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 4-7 Planning Commission Minutes 9/10/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10 Planning Commission Minutes 8/13/96 11-13 Staff Report Addendum 9/10/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17 SiteMaps . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-20 Staff Report 8/13/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-28 Applicant's Addendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-31 Applicant's Request for Outline Plan Approval 7/10/96 . . . . . . . . . . . . . . . . . . 32-39 Applicant's Findings of Fact 7/10/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-45 Tree Management Plan 7/10/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-49 Typical Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . 50-53 Deed Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54-56 Fire Prevention and Control Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57-59 Drainage and Erosion Control Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60-62 Tentative Plat and Typical Street Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63-64 Petitions and Letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65-84 rFEast is hereby given that a PUBLIC Ht ING on the following A copy of the application locu^cuts and evidence per d upon by the applicant and applicable critena pm ...ailable for inspection at no cost and will be Provided at st with respect to the ASHLAND LAND USE ORDINANCE rea:onahle tort, a regnesu:d. A copy of me Stan nepon will be available for e held before the ASHLAND CITY COUNCIL on December Inspection seven days prior to the hoahng and will be Provided at roasonsble=.It,if 1. 996 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 requested. All materials are available at the Ashland Manning ocpavnem,City Hall, i Main Street, Ashland, Oregon. 20 East man,Street, Ashland. Oregon 97520dinance criteria applicable to this application are attached to this notice. During the Public Hearing, the Mayor shall allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the right to limit Oregon law states that failure to raise an abjection concerning this application, the length of testimony and require that comments be restricted to the applicable either in person or by letter,or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue. precludes your right of criteria. Unless [here is s continuance, if a participant so requests before the appeal to the land Use Board of Appeals ILVBAI on that issue. Failure to speci ly conclusion of the hearing,the record shall remain open for at least seven days alter the heanng. If you have questions or comments concerning this request,please feel which ordinance criterion the obiection is based on also precludes your right of free to contact Susan Yates at the Ashland Planning Department,City Hall, at 488 appeal to LUBA on that criterion. 5305. \ o c ti LOT 3 PINEWOOD WEST 54 Ac. (TO BE DEDICATED) pro¢,yrr� ti h °r• o° ti W � LOT 2 full LOT r .55 Ac. Lor4 - p,� .56 Ac. a 1076 .43 Ac. LOT 7 LOT 5 .57 Ac. .79 Ac. 1' PLANNING ACTION 96-094 is a request for Outline Plan approval for a seven lot subdivision under the Performance Standards Option located'at 25 Westwood Street. Comprehensive Plan Designation: Single Family Residential; Zoning: RR-,5-P; Assessor's Map N: 39 lE 813A; Tax Lot(s): 900. APPLICANT: Anna Hassell 0 ' r , CRITERIA FOR OUTLINE PLAN APPROVAL The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a . That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. C. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the 'early phases have the same or higher ratio. of amenities as proposed in the entire project. f . That the proposed density meets the base and bonus density standards established under this Chapter. 2 We, the undersigned Westwood neighbors , hereby appeal Planning Action #96-094 on the grounds that Planning Commission "Criteria for Outline Plan Approval" was not met. Section b. ' paved access to and through the development ' has not been addressed nor finalized. Also, in the Matter of Planning Action #96-094 before the Planning Commission September 10 , 1996 in findings, conclusions and orders , Recitals 3 )b) ' paved access to and through the development ' has not been determined. Since Planning Commission criteria and findings, etc were not met, we, therefore, appeal #96-094 . /B 9 Gl/ /o/cp y l G � W p�,7 w do D 5 /C) 124. G6 Ki �J 7u i LJ /SS WQ s ooc) -77 v r'� sue, t o 0 C T 2 5 1996 o� 3 i CITY OF ASHLAND ? ,' ' CITY HALL r7" ASHLAND.OREGON 97520 i telephone(code 503)482-3211 I I October 11 , 1996 RE: Planning Action # 96-094 .Dear Anna Hassell: At its meeting of September 10, 1996, the Ashland Planning Commission approved your request for Outline.Plan Approval for the property located at 25 Westwood Street -- Assessor's Map # 39 1 E 8BA, Tax Lot(s) 900. The Findings, Conclusions and Orders document, adopted at the October 8, 1996 meeting, is enclosed. Please note the followi circled i ems: 1 . A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 02. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. 0 There is a 15 day appeal period which must elapse before a building permit /�* may be issued. /✓ All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. 5. Planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. ink re , Bill Mt Inar Senior Planner cc: Property Owner, People Who Testified, People Who Submitted Letters BEFORE THE PLANNING COMMISSION September 10 , 1996 IN THE MATTER OF PLANNING ACTION #96-094 , REQUEST FOR ) OUTLINE PLAN APPROVAL FOR A SEVEN-LOT SUBDIVISION UNDER ) FINDINGS, THE PERFORMANCE STANDARDS OPTION LOCATED AT 25 WESTWOOD ) CONCLUSIONS STREET. ) AND ORDERS APPLICANT: ANNA HASSELL ) -------------------------------------------------------- RECITALS: 1) Tax lot 900 of 391E 8BA is located at 25 Westwood Street and is zoned RR-S-P (Rural Residential) and WR (Woodland Residential) . 2) The applicant is requesting approval of a seven lot subdivision. The proposed design and improvements are indicated on the Outline Plan on file at the Department of Community. Development. 3) The criteria for Outline Plan approval are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity.. C) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan . e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that i_ developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus densit'. standards established under this Chapter. 4 ) The Planning Commission, following proper public notice, held a Public Hearing on September 10 , 1996, at which time testimony was received and exhibits were presented . The Planning Commission approve the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION , 1 . EXHIBITS For the purposes of reference to these Findings, the attached inde>: of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent'.s Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with a-: "Mu SECTION 2 . CONCLUSORY FINDINGS 2 . 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 . 2 The Planning Commission finds that the proposal for a sever.- lot subdivision meets all applicable criteria for Outline Pla-. approval described in the Performance Standards chapter 18 . 8x .. 2 . 3 The Commission finds that City water and electric service is located adjacent to the project and is available to serve the- development. The existing sewer main in Westwood Street is propose= to be extended to the south to provide service to the new lots. Currently, Westwood Street is unimproved. The applicant has proposed to improve Westwood Street from Orchard Street, up to an: along the frontage of the development through the formation of a Local Improvement District. A preliminary plan for the propose_ street improvement has been provided by the applicant' s consultin= engineer, David Hammond. If the Local Improvement District is no- formed, the applicant will have the option of improving West-. 00= Street at her cost. 2 . 4 The Commission finds that significant natural features have been incorporated in the project. The building envelopes for eac` lot have been amended, taking into account the actual dripline of significant trees and topographical features on the property . The new envelopes have been delineated so that verj little, and in mos.: cases none, of a significant tree's (greater than 6" in diameter, canopy overhangs the potential building site. The Commission fines that this modification along with the installation of temporar_ fencing around the root zone during construction should provide rn: greatest opportunity for individual tree survival . SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for a seven-lot is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #96-094 . Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #96-094 is denied. The following are the conditions and they are attached to the approval : 1) That all proposals of the applicant be. conditions of approval unless otherwise modified here. 2) That a local improvement district for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat or that Westwood be improved to City standards through the posting of a .bond or full pavement of the improvement by the applicant prior to the signature of the final survey plat. 3) That a 20' wide drainage way easement be provided along Wrights Creek and shown on the final survey map. 4) That a plan for accommodating storm drainage on lots 3 , 4 , & 5 be provided at the time of Final Plan approval. 5) That access to lots #6 and #7 be through a shared driveway. A mutual access easement be provided along the flag drive serving Lot 7 , allowing Lot 6 to use the driveway for access to a new residence. 6) That a final Fire Prevention and Control Plan be provided for review and approval by the Ashland Fire Department at the time of Final Plan. 7) That a "Conservation Easement" be provided and indicated on the final survey plat for the area surrounding Wrights Creek and zoned Woodland Residential (WR) . 8) That temporary fencing be installed around the dripline of trees designated for protection prior to the issuance of a building permit for residential home construction, prohibiting the storage of building materials or construction vehicles and/or equipment. 9) That the subdivision as a whole sign in favor of a Local Improvement District for the future improvement of the new street, prior to the signature of the final survey plat. i M Planning CommissLon Approval Date ASHLAND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 10, 1996 MINUTES CALL TO ORDER . The meeting was called to order by Chairperson Barbara Jarvis at 7:10 p.m. Other Commissioners present were Armitage, Howe, Bass, Hearn, Gardiner, Finkle, and Carr. Girodano was absent. Staff present were McLaughlin, Molnar, and Yates. APPROVAL OF MINUTES AND FINDINGS Howe moved to approve the Minutes and Findings of the September 10, 1996 meeting. Bass seconded and they were approved. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARINGS Jarvis read the procedures for a public hearing. PLANNING ACTION 96-099 REQUEST FOR A OUTLINE PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 25 WESTWOOD STREET. APPLICANT: ANNA HASSELL Site Visits and Ex Parte Contacts —The Commissioners received a packet from the Westwood neighbors who expressed opposition to the formation of a local improvement district. The packet will be made a part of the record. -.Hearn disclosed that the applicant is a client of his law partner, Dan Harris, therefore stepped down. —Site visits were made by the remaining Commissioners. STAFF REPORT This is a continuation from last month of the Outline Plan for a seven lot subdivision. The applicant was given time to address the concerns raised at the last meeting and in the Staff Report. Molnar showed the applicant's revised plan on the overhead. Hassell's surveyor did a topographic survey of the site delineating the far extent of the canopy of the oak trees and defined the building envelopes accordingly. Another issue from last month involved the development of the remainder of the property. The proposal has been modified so there are seven lots on ten acres within the City limits. The lot sizes have not changed with the exception of Parcel 1 which has been made larger to encompass the remainder of the ten acres. This will still allow for the applicant or someone else to come in with a separate application for a potential additional three lots. The applicant has indicated if they come in for more lots, they will provide dedicated open space. Another modification the applicant has shown, is a dirt trail at the end of the cul-de-sac that would be dedicated as a pedestrian easement down into the creek area for use by homeowners of the subdivision. 4 Overall, the issues raised last month have been addressed in the addendum, and the additional site and topographic survey. Staff has recommended approval of the application with the attached nine Conditions. Armitage wondered what assurance the City would have that if Hassell is not the developer in the future, that there will be dedicated open space. Molnar said when the subdivision is platted as a seven lot subdivision, any future changes would be a modification of the that approval and the open space requirement would be spotted right away. Bass noted if the local improvement district is not subsequently formed, this project is a non-project. Jarvis said the applicant could pave it herself. McLaughlin said it should be clarified that the applicant can pave Westwood herself. Howe asked if the Commission approves Condition 2 that the paving should occur. McLaughlin affirmed since the ordinance requires the access be paved. Jarvis noted that Carr was not at last month's meeting but she listened to all the tapes and will be part of the deliberations. PUBLIC HEARING DAN HARRIS, 2101 Dead Indian Memorial Road, is representing the applicant. They have provided the information requested by Staff and the Commission. They have provided an addendum and a map. PAUL ADAMS, 189 Westwood Street, is against having to pay development costs. DARLYN ADAMS, 189 Westwood Street, opposes the LID for Westwood if she would have to pay. The developer should pay all costs for development. DAWN FALLON, 183 Westwood Street, opposes the development and paving of Westwood. KELLY.ZAKIS, 145 Westwood Street, opposed the subdivision and paving of Westwood. DAVID SUGAR, 177 Westwood, asked the Commission to read his letter in the packet. MARCO BARCELLI, 145 Westwood Street, is opposed to the formation of a local improvement district. HENRY KNEEBONE, 449 Orchard Street, said he does not want to pay for a half street improvement. It ' is not right to approve the subdivision without the street being improved. MARY EATON, 155 Westwood, stated she is opposed to the subdivision if it involves the paving of Westwood. She would like the rural flavor preserved. CATE HARTZELL, 881 E. Main, had a question about Criteria C -- runoff into the creek and the proximity to Wrights Creek. McLaughlin said there is nothing in the ordinance that addresses lawn runoff. Hartzell would like to see it addressed in the future. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES SEPTEMBER 10, 1996 l Rebuttal Harris said the area is zoned one-half acre with ten lots being placed on 10.1 acres. There were some comments about the rural nature and Hassell is complying with the overall plan by reducing the density by fifty percent. She is doing her best to preserve Wrights Creek by indicating it can be dedicated as open space reserve. COMMISSIONERS DISCUSSION AND MOTION By conditioning such an important aspect of the project, i.e. whether there will be paving to the future, Bass questioned whether or not the criteria have been met today. Can an applicant take an LID question to the Council before bringing the project to the Planning Commission? McLaughlin said the process could begin that way. Armitage said the way we have been approving these types of projects, it does not allow development without paved access. McLaughlin said the improvement is not being deferred to another project unless the applicant chooses to do so. If they do not elect to form a local improvement district, then they are responsible for the improvement. Jarvis said the relevant language is in Criteria B...adequate key facilities "can" be provided. Molnar said the applicant has entered into the record a preliminary engineering design for the improvement. Molnar changed the wording to the first sentence of Condition 2 to read: 'That a local improvement district for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat or that Westwood be improved to City standards through the posting of a bond or full pavement of the improvement by the applicant prior to the signature of the final survey plat'. Howe moved to approve Planning Action 96-094 with the attached Conditions and the modification to Condition 2 as stated by Molnar. Gardiner seconded the motion. Bass wanted to go on record as saying this process should be Flipped around with some demonstration that the LID be either in place or on its way or have been considered. The motion carried unanimously. PLANNING ACTION 96-086 REQUEST FOR OUTLINE PLAN AND SITE REVIEW APPROVAL FOR A 40-UNIT, MULTI-FAMILY SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT 2225 SISKIYOU BOULEVARD. APPLICANT: HARLAN DEGROODT Site Visits and Ex Parte Contacts -"Carr had a site visit and noticed the burden and potential burden on Clay Street. —Bass had a site visit and noticed the project will back up to a group of homes on Diane Street. —Armitage had a site visit and noticed a "For Sale/Sold" sign on Siskiyou that was with this property and he noticed the condition of Clay Street. . -Jarvis had a site visit and said the applicants should be notified that Cad Oates spoke about the ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES SEPTEMBER 10, 1996 to Staff Response Molnar had suggested wording,for Condition 3. That the rock wall be extended to the east and wrap around the alley corner. Condition 4: That the final grill design be reviewed by the Historic Commission and approved by the Staff Advisor. Condition 5: That fencing be installed along the rear alley frontage of the parcel between the railroad right-of-way and City alley right-of-way - and be consistent with height and materials of adjacent fencing. Rebuttal In response to Lang's comments about the design,the wall will have openings with green growing through them and the sunlight will shine behind the windows. Traffic will be somewhat slower,fewer vehicle trips,even less during certain times of the year. COMMISSIONER DISCUSSION AND MOTION, It seemed to Howe that this modification would cause a significant reduction in the parking requirement. She was hoping the spa would be for all of Ashland, not just for those living in the Railroad District. She somewhat resented Lang's implication that one area of town is off-limits to the rest of the town. The businesses on "A'belong to all of Ashland. Armitage moved to approve PA96-W with the attached Conditions and added Conditions 3,4 and 5 as proposed by Staff. Howe seconded the motion and it carried unanimously. Jarvis explained her vote by stating the she agreed the traffic is not going to be significant and will probably decrease. PLANNING ACTION 96-094 REQUEST FOR OUTLINE PLAN APPROVAL FOR A SEVEN LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION 25 WESTWOOD STREET APPLICANT: ANNA HASSELL Site Visits and Ex Parte Contacts Site visits were made by all. Giordano abstained because he Is representing other parties next to this development. He has also given counsel to the applicant. STAFF REPORT Molnar reported this proposal involves a seven lot subdivision. The application involves about five acres of the ten that she owns. Westwood splits the property. Part of the proposal involves the ultimate construction a new city street perpendicular to Westwood which would terminate in a cul-de-sac. The applicant has indicated Westwood would be paved to City standards through a local improvement district. A preliminary road design has been submitted. Wrights Creek is within the Westwood Street right-of-way. Staff's main concerns are with the details of the project and would ordinarily be reviewed as part of the Performance Standards. Those items include delineation of the building envelopes. The envelopes have been drawn in a very general nature,leaving extremely large building areas. There are some significant trees contained in the building envelopes. Staff feels the building envelopes can be fine-tuned to create a smaller envelope. Staff would like.to have a more effective means of protecting trees by defining specific building envelopes which exclude significant trees. Staff also had a question about how the density was calculated for the project. The site can eventually develop from seven to eleven lots. The proposal as submitted is using approximately five and one-half acres and the numbers for density do not work. The applicant has expressed an interest in doing another phase at a later date where the private road would be extended off the end of the cul-de-sac. While the ordinance allows for phasing of developments,one cannot phase Outline Plan. Final Plans can be phased. The Staff report contains some options. it,at a later date,the remainder of the property is sold,it will be clear what the overall density is for the site. If there is an intention to do up to ten units at a later date,a common open space needs to be provided. The whole project would need to be planned at this point. i ASHLAND PLANNING COMMISSION 4 REGULAR MEETING AUGUST 13, 1996 MINUTES / 1 h should be noted that the final phase (potential three lots on the other side of Wright's Creek)will require a creek crossing which would require additional engineering. continuation re ion t workout the details and the he applicant can be get back to the Commission as atomiplete package. ended to be worked would need to include the entire parcel. McLaughlin said it the In reading the ordinance,Armitage thought that Outline Plan project will eventually encompass the entire ten acres, it should be presented that way. h not,the application should state the leftover property will not be developed. Armitage asked about curbs,gutters, and paving. McLaughlin said the requirement for a subdivision is that there be an sidewalks).treet to the nearest improved street system change the character of otf the neighborhood because eiitt w(curbs, ll rbe a dramatic nd by ordinance by t Council. The Commission has to require change from standards are I that he meet the minimum c� t the Oouncmaes the faldeon McLaughlin The applicant is making an effort t apresent an a'proposal that bwill be in line withthe neighborhood odStrawberry/Westwood plan(h is, one acre area. parcels. PUBLIC HEARING DAN HARRIS,2107 Dead Indian Memorial Road, represents Anna Hassell. Hassell has had discussions with the neighbors. have centered density of the project involves improvement acres,ten of which are the city limits. The applicant Lot 1 a will 90 primarily around the decided to remove the property Tine completely and Lot 1 will go to the end of the property line as it exists now. Lot 1 will go to present Lot 1 to completelthe will deal with the deal with the problem lof either getting otver the creek with a oad loacomin9rfrolme concern acres to 10.5 acres from 1.3 a different place north of the additional property l i crossing will not be necessary. Harris presented anew map showing smaller building envelopes which exclude the trees. - RUSS BRAUGHTON, Edwards Surveying,816 W.8th, Medford, said he has now donee highly detailed topographical map taking in the all the Strawberry/Westwood area. They are working on getting all the trees et the topographical map. The dripline shown on the tentative map reflects the dripline physically shot in the field. The setback lines have been drawn to not include the trees. _ Harris said all the trees are now protected outside the building envelopes with the exception of Lot 1. Hassell said some the trees died during the drought a few years ago. She has been trying to save them so they have remained in the building envelopes but may be removed if they cannot be saved. Harris questioned the Staff Report's recommendation that building ca not d after ha tcalrimprovement district sis formed, his understanding after talking to Engineering that building permit' They concur with all other Conditions. have open space. lf she as no develops other tsid common the question sP how do we account for with open spalce? it could is be addressed at that time a or they a next development.da look ate using the At that time)hdreReserve ots would be developed. He They would nlot hevera problem looking at open to put off Condition that open space be addressed at that time. McLaughlin said he would like survey to see how the modifications were made. They have not had to study the topographic sufficient time to look at the information presented tonight. Harris said the applicant is agreeable to a continuance and is receptive to the Commission's feedback. Jarvis read the following written comments from PAUL ADAMS, 189 Westwood,stating he favors the project. 5 ASHLAND PLANNING COMMISSION REGULAR MEETING AUGUST 13,19% MINUTES �z ROBIN SCHWARZER, 138 Faith Circle.Talent, said she has signed the paperwork to purchase Lot 2 of Hassell's subdivision. She has discussed with Braughton in detail that they wish to save the cedar tree on Lot 2 at whatever cost. DARLYN ADAMS, lag Westwood,said she would like notification of any planning meetings with regard to Westwood. This proposed development could end up being 12 because two lots were just sold across the street (in front of Pinewood West). She is concerned about density. She believes sidewalks,curbs, and gutters would ruin the whole area. She would prefer chip and seal for the road. She is concerned about the culverting of Wrights Creek. Adams thought the applicant was not supposed to touch any blackberries as in 18.62.050. Armitage moved to extend the meeting until 10:30 p.m. Howe seconded the motion and all approved. DAVID SUGAR, 177 Westwood Street, said he is not opposed to the concept of the subdivision. He would like to be clear on the total size of the development. MARY EATON, 155 Westwood,agreed with Sugar's comments. She would prefer not to have the street paved. She moved there because of the rural characteristics. Staff Response McLaughlin said if the applicant did the entire ten acres as a seven lot subdivision,if they want to come back and develop the larger parcel in the future, that would be a modification of the Outline Plan. The density would be calculated on ten acres. The adjustment would be to the ten acres. With regard to Condition 2,when the street is improved,services will be extended. The Condition Is to ensure that facilities are in place, and to reduce dust and erosion. They want to ensure the local improvement district is formed or the street will be paved before approving the creation of lots. - Bass wandered to what extent can a ten acre subdivision be turned into ton-one acre subdivisions. McLaughlin said the applicant's long range intent was to slowly develop this at a rate that fit her development schedule. Staff's concerns is that three or four parcels have already been created which would normally be a subdivision. Staff has encouraged the applicant to come forward with the full picture. Rebuttal Harris said he will draw the other two lots onto the map and show language as to how they plan to incorporate them. They will show open space. This will be presented at the September meeting. Bass asked why the subdivision was being designed with a flag drive. Is that the only way to design it? - Armitage wants to we the whole plan. He wondered if the Commission approves Outline Plan that shows the crossing of Wrights Creek,what this mean to the applicant? Does she have to go through the detailed environmental constraints work for crossing or could it be dealt with in a Phase 2? McLaughlin said the difficulty from the applicant's point of view is that the ordinance requires P&E work to be done to receive Outline Plan approval. She will not know if the designed crossing is approved unless all the engineering is completed. Harris said the applicant is willing to waive the 120 time limit. Howe moved to continue the meeting. The motion was seconded and approved. The meeting will be continued on September 10, 1996 at 7:00 p.m. No notice will be mailed. OTHER Armitage wondered what was happening on Orange Street. He noticed no fencing was up. McLaughlin said the application is under appeal and will be heard in a week. Joint Study Session-August 21,Wednesday at 4:00 p.m.at the Council Chambers. Monte Grove of ODOT will be making a presentation. A training session was scheduled for the Study Session on August 27th at 7:00 p.m. Jarvis thought it might be good to have a discussion with the Council on small infill projects. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING . AUGUST 13, 1996 - MINUTES !3 ASHLAND PLANNING DEPARTMENT STAFF REPORT Addendum September 10; 1996 PLANNING ACTION: 96-094 APPLICANT: Anna Hassell LOCATION: 25 Westwood Street ZONE DESIGNATION: RR-.5-P & WR COMPREHENSIVE PLAN DESIGNATION: Rural Residential & Woodland Reserve. ORDINANCE REFERENCE: R-R Zone 18.16 Performance Standards 18.88 REQUEST: Outline Plan approval for a seven lot subdivision under the Performance Standards Option for the property located at 25 Westwood Street. I. Additional Information This application was reviewed before the Commission on August 13, 1996. The Commission did not make a decision on the application, but continued the action in order to allow the applicant to address several issues raised by Staff and brought up during Commission discussion. An addendum to the application for Outline Plan approval has been submitted by the applicant. An amended Outline Plan with revised building envelopes have been included, along with a written discussion addressing those issues that the Commission requested clarification on. Revised building envelopes. The building envelopes for each louhave been amended, taking into account the actual dripline of significant trees and topographical features on the property. The project surveyor walked the site with Staff to review the revised boundaries of building envelopes. The new envelopes have been delineated so that very little, and in most cases none, of a significant tree's (greater than 6" in diameter) canopy overhangs the potential building site. This modification along with the installation of temporary fencing around the root zone during construction should provide the greatest opportunity for individual tree survival. Future development and open space. The applicant's property encompasses approximately 14 acres. Ten of the 14 acres are located within Ashland's City Limits, while the remaining four acres are situated west of Wrights Creek and are under the jurisdiction of Jackson County. The revised plan incorporates all 10 acres within the City Limits into the boundary of the project. The proposal is still for a seven-lot subdivision, with the option of requesting a modification at a later date to create approximately three additional lots on the other side of Wrights Creek. Lot sizes remain the same as originally proposed, with the exception of the applicant's parcel (Lot 1) which has been enlarged to incorporate the balance of the property. The findings state that the applicant anticipates that future development will include the creation of three additional lots on the other side of Wrights Creek. At that time, an application will need to be filed to amend the previously approved Outline Plan, bringing the total number of lots to 10. As part of that application, the applicant has indicated that the 1.38 acres (13.8% of the project area) zoned Woodland Reserve would be designated as open space in accordance with the ordinance. Existing ordinance provisions require that 5 percent of the total project area be set aside for any future modification of the subdivision that increases the number of lots to 10 or more. Therefore, we believe the public's interest has been protected, and open space will be dedicated as part of any future expansion of the subdivision. The amended plan does introduce a five foot wide pedestrian easement, starting at the end of the cul-de-sac and descending down into the Wrights Creek environment along an existing pathway. This easement is proposed to be dedicated as part.of the current proposal and will be for exclusive use by residents (property owners) in the subdivision. II. Procedural - Required Burden of Proof The criteria for Outline Plan approval under the Performance Standards Option are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and PA Ashland Planning Department -- Staff Report Page 2 �5 fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been . identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. III. Conclusions and Recommendations Staff believes that the applicant has taken into account the issues raised during the initial public hearing on this matter. Building envelope boundaries have been revised to reduce potential impacts on the natural environment (i.e. trees and gullies), and provisions have been discussed for the dedication of common open space as part of any future modification of the subdivision. Therefore, Staff believes the project accompanied by the following conditions meets the applicable approval criteria. Staff recommends approval with the following attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a Local Improvement District for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat. Further, no building permits be issued for new home construction on the lots until Westwood is paved" 3) That a 20' wide drainage way easement be provided along Wrights Creek and shown on the final survey map. PA Ashland Planning Department -- Staff Report Page 3 �O 4) That a plan for accommodating storm drainage on lots 3, 4, & 5 be providing at the time of Final Plan approval. 5) That access to lots #6 and #7 be through a shared driveway. A mutual access easement be provided along the flag drive serving Lot 7, allowing Lot 6 to use the driveway for access to a new residence. 6) That a final Fire Prevention and Control Plan be provided for review and approval by the Ashland Fire Department at the time of Final Plan. 7) That a "Conservation Easement" be provided and indicated on the final survey plat for the area surrounding Wrights Creek and zoned Woodland Residential (WR). 8) That temporary fencing be installed around the dripline of trees designated for protection prior to the issuance.of a building permit for residential home construction, prohibiting the storage of building materials or.construction vehicles and/or equipment. 9) That the subdivision as a whole sign in favor of a Local Improvement District for the future improvement of the new street, prior to the signature of the final survey plat. 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Relevant Facts 1) Background - History of Application: This property was part of a larger piece of land owned by the applicant previously partitioned through two past planning actions. In January 1996, the Commission approved a 2-lot partition (PA96-004) on the west side of Westwood Street, creating the larger parcel with the existing residence and another parcel approximately .8 acres in size. In June 1994, the Commission approved a 3-lot partition (PA94-087), involving the dedication and extension of Westwood Street to the south, creating large parcels both to the east and west of Westwood Street There are no other planning actions of record for the site. 2) Detailed Description of the Site and Proposal: This project involves 5.1 acres immediately adjacent to the unimproved section of Westwood Street. Two separate forks of Wrights Creek run along the west and east boundary of the project site. The majority of the site slopes gently to the northeast and contains a variety of conifers and oak trees. The proposal is to development a seven-lot subdivision under the Performance Standards Option. Three of the seven lots will be located to the east side of Westwood Street and back up to the east fork of Wrights Creek, while the four remaining lots will be situated on the west side of the street. A new public street with cul-de-sac turnaround is proposed to be dedicated and provide access to lots 1 and 2. This street is proposed to be improved to flag drive standards at this time and developed to a full City street if and when additional development is proposed on the other side of Wrights Creek. At that time, a private drive could be extended off the end of the cul-de-sac to access three additional lots. 11. Project Impact The applicant's findings describe the availability of public facilities needed to serve the development. City water and electric service is located adjacent to the project and is available to serve the development. The existing sewer main in Westwood Street is proposed to be extended to the south to provide service to the new lots. Currently, Westwood Street is unimproved. The applicant has proposed to improve Westwood Street from Orchard Street, up to and along the frontage of the development through the formation of a Local Improvement District. A preliminary plan for the proposed street improvement has been provided by the applicant's consulting engineer, David Hammond. The plan shows Westwood being improved to a width of 22 feet, with curb and gutter and storm drainage facilities. Public sidewalks have not been included in the preliminary- design. The use of Local Improvement District for the purpose of improving City streets is currently being evaluated by the Council. Given this current interest, it is Staffs opinion that the final survey for this development should not be signed until the Local Improvement District for Westwood Street has been approved by the Council and the ultimate paving of the street is guaranteed. Further, Staff would recommend that no building permits be issued until the improvement has been completed. Overall, Staff does not have any major issues with regards to the general layout of the project, including the location of streets and lots. We do, however, have specific concerns with some of the finer details of the proposal. These have been expanded upon below. Building Envelopes The building envelope is defined as an area, within the property boundaries of a parcel, within which a residence can be placed. The building envelope concept is PA96-094 Ashland Planning Department -- Staff Report Anna Hassell August 13, 1996 Page 2 as used in Performance Standards Subdivisions to identify the most appropriate area within each individual lot for locating a home, which would result in the least impact to the natural environment. Rather than defining specific envelopes for each lot, the proposal merely delineates the standard setback requirements for each lot. It is Staff's opinion that this approach is too general, and does not adequately protect the natural features that are situated on a given parcel. Each of the seven lots has significant trees within or immediately adjacent to a proposed buildable area. In each case, a more defined building envelope should be delineated which excludes the trees from the buildable area and affords an adequate distance away from the tree's root zone. Specifically, in the case of Lot 5 a small gully has been identified which runs across the southeast corner of the lot. While the dramatic change in the elevation of the gully from the surrounding land may be traced to a manmade disturbance, it has been in its current state for many years. More importantly, the gully is host to several oak trees ranging in size form 4 to 10 inches. Given the trees associated with this gully area, it is Staff's opinion that this area should not be included as part of the buildable area of the lot. Even after excluding the gully from the building envelope, the buildable area of the lot will still be in excess of 14,000 square feet. Tree Management Plan A tree management plan has been submitted as part of the application. The plan identifies the general location of trees in excess if 6 inches in diameter. The plan outlines tree protection measures to be implemented during the development of the site and construction of dwelling units. The plan states that during the construction of dwelling units, "trees exceeding six inches in diameter, will not be removed without permission from the City of Ashland.'.' It is extremely difficult to defer such determinations to the point of individual home construction. Again, a much more effective means of protecting trees can be accomplished by defining specific building envelopes which exclude significant trees and provide an ample distance from root zones. The building envelope effectively sets the goal posts, letting potential property owners know where the parameters are for sighting their home. Further, the CC&R's can be specific in describing that home construction is limited to the area within the building envelope and that the removal of healthy trees outside the envelope is prohibited by City ordinance. Density Calculations The density calculations included with the application assumes that the entire property is zoned RR-.5-P - Rural Residential. The land adjacent to Wrights Creek is zoned WR (Woodland Residential) and encompasses approximately 1.24 PA96-094 Ashland Planning Department -- Staff Report Anna Hassell August 13, 1996 Page 3 � 3 acres. Therefore, the base density calculations for the project should be revised as follows: 9.16 acres x 1.2 units/acre (RR-.5) 11 units 1.24 acres x .3 units/acres (WR-2) .37 units Total Units 11.37 It appears from the applicant's findings that this project represents the first of two phases. Since the applicant has chosen not to file an Outline Plan for both phases at this time, each development must be reviewed as a separate proposal with density calculated separately. The applicant's findings state that 5.1 acres are included in this proposal. Given this information, the following density calculations would apply: 3.36 acres (RR-.5) x 1.2 units/acre = 4.63 units 1.24 acres (WR-2) x .3 units/acre = .37 units Base Density 5.0 units As noted above, dividing the property into two projects creates a problem when calculating density, as required under the Performance Standards chapter. The Land Use Ordinance does not permit an Outline Plan to be filed in phases. The applicant.will.need to either apply for Outline Plan approval for the entire project (10 lots) and file separate phases during Final Plan approval, or incorporate more land area into this initial development in order to comply with base density calculations. It should be noted that future development of additional lots on the other side of Wrights Creek will require the construction of a stream crossing, engineered to accommodate a 100-year flood. Any development associated with a stream crossing is subject to review under the Physical and Environmental Constraints chapter 18.62. If the applicant chooses to revise the Outline Plan and incorporate all 10 lots, with phasing occurring during Final Plan, engineering for the stream crossing and additional findings addressing the criteria for approval of a Physical Constraints Review Permit will need to be submitted. Open Space If the applicant intends to do a phased development, including seven lots initially and three additional lots in the future,. the project design will need to incorporate PA96-094 Ashland Planning Department -- Staff Report Anna Hassell August 13, 1996 Page 4 some common open space. The Performance Standards chapter requires that "developments of 10 units or greater shall provide 5% of the total development area in Open Space." The current proposal does not include any common area or open spaces. Ill. Procedural - Required Burden of Proof The criteria for Outline Plan approval under the Performance Standards Option are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban. storm drainage, police and fire protection. and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc, have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. IV. Conclusions and Recommendations As stated earlier, the overall layout of the subdivision is relatively straight forward. The applicant has met with City Staff over the past two years to discuss her plans for development and address any anticipated concerns. As stated in her application, the proposal site is within the Strawberry/Westwood Neighborhood PA96-094 Ashland Planning Department -- Staff Report Anna Hassell August 13, 1996 Page 5 Planning Area. Given the zoning of the property and its proximity to public facilities (i.e. sewer, water, electric, etc.), the applicant is not obligated to wait for the adoption of the neighborhood plan for the area. Staff has raised specific issues related to the identification of building envelopes, the protection of significant trees and other natural features, density calculations and the provision of common areas and open space. We believe it would be extremely difficult to remedy these concerns at the meeting and recommend that the Commission continue the application to allow the applicant adequate time to thoroughly resolve the issues. However, if information is provided at the meeting which adequately addresses the issues raised above and the Commission chooses to approve the application, Staff recommends that the following conditions be attached: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a Local Improvement District for the improvement of Westwood Street be approved by the Council prior to the signature of the final survey plat. Further, no building permits be issued for new home construction on the lots until Westwood is paved. 3) That a 20' wide drainage way easement be provided along Wrights Creek and shown on the final survey map. 4) That a plan for accommodating storm drainage on lots 3, 4, & 5 be providing at the time of Final Plan approval. 5) That a mutual access easement be provided along the flag drive serving Lot 7, allowing Lot 6 to use the driveway for access to a new residence. 6) That a final Fire Prevention and Control Plan be provided for review and approval by the Ashland Fire Department at the time of Final Plan. 7) That the proposed City street with cul-de-sac be dedicated at the time of the final survey plat and improved with asphaltic concrete in accordance with the requirements for flag drives at the time Westwood Street is improved. R) That building envelopes for lots 1, 2 & 6 be provided with significant trees in excess of 6" in diameter being shown outside the proposed envelope. Further, that building envelopes for lots 3, 4, 5 & 7 be indicated such that buildable area is outside the root zone/drip line of significant trees greater than 6 inches in diameter. PA96-094 Ashland Planning Department -- Staff Report Anna Hassell August 13, 1996 Page 6 �G U N 1 y o O T' s M� y P — i _ O J ' J t N V � t4 O I . • '.pry :5 1N W IC l(1 41 •IW .,H W Y n n it o 4 J N W 9 p w J W U 2? C j r � , ;.0 - �_ cur._.. . ..- .�. - ��• e Y V AA c lIn n � O y —t1I R x(„14 `e b, I r No VI weer Woo areee.r .r' I` \ ��__ru.Y _ _m _ <_ E. ' cox sT.c _'_�c_�•�.. rte' I `• rr � I � / � � t - A % 9 ^r� A i\ A< t1 a � a N R N � 8 ADDENDUM TO APPLICATION FOR OUTLINE PLAN APPROVAL Based upon the recommendations of the Ashland Planning Staff , and the comments made by planning commissioners at the first hearing for this application, we submit the following additional information: 1 . The Two Lots North of the Subdivision. The Commission requested additional information on the two lots immediately north of this subdivision. The history concerning the creation of those two lots can be summarized as follows : After many years of discussions and negotiations with the City of Ashland, the applicants (in 1994) worked out an . arrangement for extending the right-of-way and utility easements through this area, providing much needed water to the entire Strawberry Lane/Westwood Area. The city water line has been installed in the utility road extending Westwood to Strawberry Lane . Fire hydrants are located along the right-of-way and up to and including the Strawberry Lane area . The availability of utilities opened this area up for development . In June of 1994 , the first of these two lots was partitioned off of the entire parcel . The second lot was split off in January of 1996 . Both lots are subject to . the same deed restrictions and City requirements that have been imposed upon the proposed subdivision. ADDENDUM Page -1- 2 . Confirmation of the Location of Trees and Other Natural Features. The Planning staff has visited the subject property with the project surveyor to confirm the accurate location of trees and other natural features . This should be confirmed in the amended staff report . 3 . Lot No. 7/Flag Drive. Because of the relative shape of the subject property (rectangular) the creation of a flag drive and a cul-de-sac were the only logical means of designing access to the four lots on the west side of Westwood Street . The applicant has followed the staff' s recommendation to only create one curb cut on the west side of Westwood Street . This would occur at the point of the flag drive, which would provide access to both Lots 6 and 7 (See condition No. 5 in the original staff report) . 4 . Future Development and Open Space. As part of her presentation at the original hearing, the applicant proposed to increase the size of Lot No. 1 from 1 . 3 acres to approximately 5 and 1/2 acres . The overall size of the parcel being subdivided is 14 acres. 10 . 1 acres are in the City limits and constitute the acreage being considered in this application. As suggested by the Planning Director, the property situated on the west side of the woodland reserve area (about 3 acres) can be developed at a later date through an application for modification of the outline plan. ADDENDUM Page -2- -3O It is anticipated that the future development will include three lots, bringing the total number of lots to ten (10) for this subdivision; this is in accord with the neighborhood plan for this area . With ten lots, the requirement of open space becomes an issue . The applicant has recommended that the woodland reserve area, situated in the center of the subdivision, be designated as open space at the time the application for modification of the outline plan is submitted. The woodland reserve area includes 1 . 38 acres which constitutes 13 . 70 of the overall project . This would satisfy the open space requirement for this subdivision, after it has been modified to include ten (10) lots . The applicant has already made provisions on the map for providing access to this open space area from the lots proposed in the present subdivision and will make provisions in the modified plan for providing access to the open space area from lots on the _ west side of this area . 1\1anduse\hass.11\addendum ADDENDUM Page -3- � I RECEIVE, J, ! D 1996 REQUEST FOR OUTLINE PLAN APPROVAL DATE : July 10 , 1996 PLANNING ACTION: APPLICANT: Anna Hassell LOCATION: 25 Westwood Street ZONE DESIGNATION: RR-5-P COMPREHENSIVE PLAN DESIGNATION: Single Family Residential APPLICABLE ORDINANCES : REQUEST: Applicant requests an outline plan approval for a seven (7) lot subdivision on 5 . 1 acres, accessed off of Westwood Street . I. PROPERTY DESCRIPTION AND BACKGROUND The property under consideration in this application is situated directly northwest of the Ashland downtown plaza and includes an area of 5 . 1 acres . The property is bordered on the west by a tributary of Wrights Creek, on the south and on the east by City owned vacant property and on the north by development along Westwood Street . This project involves two (2) parcels directly adjacent to Westwood Street : Tax lots 901 and 902 . History The land under consideration in this application slopes gently to the east ; with grasses, vetch and wildflowers covering the , terrain. The original settlors of this small plateau, cleared the land and planted fruit trees . As the orchards grew in this area, an underground watering system was installed. The watering system is no longer operable and the orchards have long-since decayed and passed on. The present owners acquired the property in 1986 and live in the existing old farmhouse (Lot 1) . The owners are dedicated tc preserving the rural atmosphere of the area and all of the natural features of the land. They have cleared the ground brush from the riparian areas, removed garbage that had previously been dumped in the ravines, and have cleared much of the poison oak that inhibited access to the creek that runs across the western portion of the proposed subdivision. Page -1- 32 i In 1986, the City of Ashland began negotiations with the owners of the property to acquire a water right-of-way and for the extension of Westwood Street across this property. In 1994 , the City acquired easements for utility access to this area. A city waterline has been installed in the utility road extending Westwood to Strawberry Lane . Fire hydrants are located along the right-of- way and up to and including the Strawberry Lane area . The presence of readily -accessible water in the area has relieved -much of the concern over fire protection. While the subject property has been studied as part of the Strawberry Lane/Westwood Street Neighborhood Plan, the applicants maintain that this proposed subdivision presents distinctly separate issues and concerns from those relating to the property around the Strawberry Lane area . II OUTLINE PLAN This application is proceeding under the performance standards options and guidelines . The information required for an outline plan under 18 . 88 . 030 is set forth below: A. Topographical Maps . Topographical maps (consisting of 2 sheets) are submitted with this application. Hereinafter, these maps will be referred to collectively as "the topographic map. " These maps contain the following required information: 1 . The elevations are indicated with contour intervals . 2 .. All existing buildings and structures are indicated including those buildings within one hundred and sixty (160) feet of the site. 3 . All property and easement lines are identified . on the map. 4 . All proposed public streets, private drives and parking facilities are identified. 5 . Building envelopes are identified for each of the proposed lots . 6. The trees situated on this property, and all other natural features, are identified on the topographic map. The tree management plan is submitted as Exhibit No . 2 . 7 . All public and private utilities are identified. Page -2- I B . Tvpical Proposed Structures . Attached with this application (Exhibit 3) are a number. of drawings showing the typical structures that are being proposed for this development . C. Written Statement of Development . As required by 18 . 88 . 030 A 3 k, we hereby submit a written statement satisfying the criteria set forth in that section: 1 . Character of Proposed Development. The project has been designed to take advantage of, and conform with, the goals and guidelines set forth in the performance standards options ordinance (18 . 88) . The information set forth below describes how this development has been designed to take advantage of the performance standards concept : A. Deed Restrictions : Deed restrictions have been imposed upon all the lots in this proposed subdivision which have the effect of enhancing and protecting the desirability, attractiveness and value of the subject property. They include provisions for single-family occupancy only, outbuildings in conformance to exterior architectural design of the adjacent dwellings, consistency of exterior materials, approval of building plans by the City of Ashland, mandatory tree planting and conformance with the City Street Tree Commission guidelines , proper solar orientation and protection, adequate maintenance of each lot and vehicle parking and storage regulations . A copy of the deed restrictions are attached as Exhibit 4 . B. Tree Management Plan: A Tree Management Plan is attached as Exhibit . 2 . This Plan identifies and provides for the protection of all trees on the subject property. A total of thirty-eight (38) trees grow on the subject property. only a small number of these trees are greater than six (6) inches in diameter at breast height . Those trees are shown on the topographic map. Four (4) old or dying apple trees will be removed as part of the development of this property. There is some limited scrub oak confined to the riparian areas west of the subject property. All building envelopes will be located a minimum of twenty (20) feet from the bank of the riparian area in order to protect the scrub oak . Page -3 - 3 �' C . Density: The subject property is zoned RR-5 . Under the Performance Standards Base Density Calculation, this area can have 1 . 2 dwellings per acre . There is a total of 5 . 1 acres involved in the subject property. Phase Two of this project - - the three lots shown to the West of the riparian area - - contains 5 . 3 acres . Total acreage for the two projects amounts to 10 .4 acres . Density calculations will allow twelve (12) units in the 10 . 4 acre area of development . The applicant is proposing approval of seven (7) lots as part of Phase One and three (3) lots as part of Phase Two . D. Open Space : Additional open space will not be created as part of, this subdivision. However, the City owns property to the south and east which will , presumably, be preserved as open space adjacent to this development . E . Drainage and Erosion Control : The attached report, prepared by geologist , Tor. Ferrero, analyzes the drainage at the subject property and any potential problems for erosion . The only potential problem relating to drainage and erosion exists on Lot S . Mr. Ferrero identifies a swale that passes through Lot 5 and outlines a plan for diverting any flow that passes through that swale to a location on the North line of Lot 5 , nearer to the creek. The diversion of any flow through this 'swale will take place in a rock- armored open ditch to prevent erosion. In case of intermittent spring flow, a perforated pipe will be . placed in the channel of the filled gully. To prevent sedimentation of creeks during construction, applicants plan to follow the advice of Mr. Ferrero by grading and building during the dry months of the year. Mr. Ferrero report is attached as Exhibit 6 . 2 . Manner of Financing. The applicants intend to obtain private financing for the development of this subdivision. 3 . There are two (2) legal lots included in this subdivision: Tax Lot 901 and Tax Lot 902 which are owned by Anna Hassell and Janos Markus . Page -4- 4 . Proposed Time Schedule for Development . Development of this property will begin upon approval of the application and should be completed within one (1) year. Development will include improvements to the property as represented in the application. Development does not include the construction of dwelling units which should occur over a number of years as the lots are sold. The subject property should be considered as Phase I of II phases of this project . There is an additional 5 . 3 acres owned by the applicants directly to the west of this project . This property .will be developed at some future date . The applicant would prefer to postpone the development of the additional 5 . 4 acre area to provide additional time to consider the best way to provide access across the Wrights Creek riparian area . D. Additional Considerations . 1. Access and Internal Circulation. Primary access is off of Westwood Street from Orchard Street . Orchard Street is accessed from Wrights Creek and Grandview. A 148 foot long and 36 foot wide cul-de-sac street will be dedicated to the City and will be added as part of this project . This will provide total access and internal traffic circulation for the six (6) proposed and one (1) existing homesites . 2 . Physical and Environmental Constraints . Because the _ riparian area will not be disturbed as part of this subdivision, a physical and environmental constraint permit is not required. The slopes on the subject property are very gentle. It is anticipated that the natural terrain will be only minimally disturbed in the process of adding the cul-de-sac street and access to the lots on the subject property. A Fire Prevention and Control Plan has been submitted (Exhibit 5) as part of . this application. 3 . Performance Standards and Guidelines . a.. Base Densities . The base density allowed for RR-S-P zoning is 1 . 2 dwelling units per acre . With 10 .4 acres involved in both phases of this development, a total of twelve (12) dwelling units are permitted. A total of ten (10) dwelling units are anticipated. This application for Phase I proposes a total of seven (7) homesites -- six (6) new homesites in addition to the existing house on Lot 1 Page -5- 4 . Transportation Considerations . Access to this subdivision conforms with the plan being developed for transportation needs in the entire Strawberry Lane/Westwood area. The connection of Strawberry Lane and Westwood Street provides a loop circulation system for the entire neighborhood and additional security and exit for Strawberry Lane residents in the event of a fire . The proposed means for satisfying transportation needs meets or exceeds the street capacity standards as defined in Resolution 91-39 . 5 . Public Utilities . All utilities are shown on the topographic map. Water is available from the City along Westwood Street to service all lots on the subject property. Electric transformers are in place to service all seven (7) lots ; there are recorded utility easements in place to service all utility needs in this subdivision. Television cable is also available to all lots . A main sewerline will be installed from the north property line to the south property line along Westwood according to City specification. 6 . Tree Management Plan. Submitted with this application is a tree management plan (Exhibit No. 2) which conforms to the requirement set forth in Section 18 . 88 . 030 . 7 . Neighborhood Involvement. The applicants have spent numerous hours consulting with the property owners immediately adjacent to. the subject property. This has been done for the purpose of coordinating the development in the Westwood area with proposed development along Strawberry Lane : At the present time, all .property owners are working in a cooperative manner to insure that the developments on both sides of this area flow together into a workable and attractive overall neighborhood plan. Some concern has been raised by property owners in the neighborhood that proceeding with this subdivision may be premature in light of the fact that the residents along Strawberry Lane. are not prepared to proceed at this time . The applicants believe, however, that there has been sufficient discussion and consultation at this point to insure that the approval of the subject subdivision will in no way prejudice or adversely affect the development taking place to the south along Strawberry Lane . The applicants plan to meet with property owners adjacent to the project to explain the details of the plan. Page -6- 37 8 . Paving of Westwood Street . The applicants intend to form a local improvement district for the purpose of paving Westwood Street . This they intend to form as soon as possible so that it can be in place next spring for the paving. III . PROPOSED FINDINGS OF FACT. Submitted with this application are the proposed findings of fact and conclusions of law (Exhibit No. 1) as required by ordinance . The applicant would request that the Planning Commission supplement the proposed findings with any relevant evidence that is received at the hearing which is not contained in this application. Respectfully Submitted, Anna Hassell 1\1anduse\hasse11\hasse11.app Page -7- 38 EXHIBITS 1 - Findings 2 - Tree Management Plan 3 - Typical Structures 4 - Deed Restrictions 5 - Fire Prevention and Control Plan 6 - Drainage and Erosion Control Report 1\land...\has.ell\exhibits 3q FINDINGS OF FACT FINDINGS OF FACT (Ashland Land Use Ordinance 18 . 88 . 030 A3) The following findings are submitted with this application in conformance with the above-referenced ordinance which provides that the Outline Plan shall contain a written statement which includes "The findings of the applicant showing that the development meets the criteria set forth in this ordinance and the Ashland Comprehensive Plan. " The applicants proposed findings are set forth below for use by the City of Ashland in adopting findings for this application. The applicants request that the final findings of fact and conclusions of law include additional evidence and information which may be communicated by other parties prior to the hearing and all new information (both documentary and testimonial) submitted at the hearing and after the hearing, while the record is open. NATURE OF THE APPLICATION The property under consideration in this application is situated directly northwest of the Ashland downtown plaza and includes an area of 5 . 1 acres . The application requests Outline Plan approval of a seven (7) lot residential subdivision under performance standard as Performance Standards Option of the Ashland Land Use Ordinance, Chapter 18 . 88 . This project involves the .creation of a public street and cul-de-sac and the paving of an existing city street . The applicable criteria are . set forth below with the information in the record that satisfies that criteria. Criteria a. That the development meets all applicable ordinance requirements of the City of Ashland. The Commission finds that, based upon the testimony received- from the applicants, or the their representative, the subject property consists of 5 . 1 acres of gently sloping land. The project site involves two (2) adjoining parcels : Tax Lots 901 and 902 . The official zoning map indicates that the property is zoned RR-5- P. This zoning district allows for the division of land and the construction of single family dwellings under the Ashland Land Use Ordinance Chapter 18 . 88 . Subdivisions using the performance standards option are permitted in this zoning district . The Performance Standards Option provides flexibility as to lot dimension and size and encourages the clustering of dwelling units in the effort to provide a more efficient plan. Page -1- The allowable density for development of this property is calculated under the standards set forth in 18 . 88 . 040 . Under these standards, and based upon the evidence received at the hearings on this application, the project could accommodate a total of. twelve (12) units for both phases without application of the density bonus points permitted under the Performance Standards Option. The application for approval of the Outline Plan contains a request for seven (7) dwelling units for Phase 1 (anticipating a future Outline Plan Application for three (3) additional units for Phase 2) . Street standards under the Performance Standards Option are set forth in 18 . 88 . 050 . The proposed street for this project is a dead-end cul-de-sac road which will become a public street . Ashland Land Use Ordinance 18 . 88 . 050 A 6 provides that no dead-end street shall exceed five hundred (500) feet in length, not including the turn-around. This public street, as planned, does not exceed five hundred (500) feet in length. Dead-end roads must terminate in an improved turn-around as defined in the Performance Standards Guidelines adopted pursuant to Section 18 . 88 . 090 . Section 18 . 80 . 020 (11) states that "A cul-de-sac shall be as short as possible and shall have a maximum length of 500 feet . All cul- de-sacs shall terminate with a circular turn-around unless alternative designs for turning and. reversing direction are approved by the Planning Commission. " Based upon the topographic map submitted, the street and cul-de-sac proposed for dedication to the city in this project conforms to all applicable standards . Subsection 18 . 88 . 050 B provides that street grades in performance standards development shall not exceed a maximum grade of fifteen percent (150) . As shown on the topographic map, the grade for the dedicated street is somewhere between five (50) and eight (8e) percent . Section 18 . 62 . 030 B requires that the slopes within the building envelopes shall not exceed forty percent (40%) . As shown on the topographic map, all building envelopes have been surveyed and do not contain slopes exceeding fifteen (150) . Erosion control is required by ordinance as part of the Outline Plan Application. The Application includes an analysis for geologist Tom Ferrero outlining the concerns relating to erosion control . Because this property is gently sloping, . there are minimal concerns which can easily be resolved by restricting excavation to the dry months of the year. A Fire Prevention and Control Plan is a required part of this Application. The applicants have submitted a Fire Prevention and Control Plan which conforms to the requirements of the ordinance and which meets with the Ashland Fire Department' s approval . Page -2- The Ashland Land Use Ordinance sets forth certain standards regarding the capacity of streets to handle the vehicular traffic . The most logical routes to be taken to access this project pass over streets where adequate capacity exists . The addition of six (6) dwelling units will not compromise the carrying capacity of the streets used to access this subdivision. The City of Ashland Resolution No. 91-39 provides that "Any residential or sub-collector street with a grade in excess of eighteen percent (18°1) shall be considered to have no additional capacity. " As has been previously established before the Planning Commission on numerous other applications in this general area, adequate capacity exists for additional traffic on those streets to be used to access this project . Based upon this information, and the interpretation of said resolution by the City Counsel, we find that adequate capacity for additional traffic exists off of those roads to be used to access this subdivision. .Based upon the findings made above, the Ashland Planning Commission concludes that the proposed development meets all applicable ordinance requirements . Criteria b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. Personnel at the City departments dealing with water, electrical power and sewer have provided written assurances that there is sufficient capacity of each for the subject area. The Public Works director has indicated that the water line presently in place is more than adequate for the project area. The Public Works Department has indicated that the sewer line that will be serving this project will not exceed its capacity and . can handle the added demand created by this project . The electrical department has indicated that there is no problem providing electricity to this project . At the present time, Westwood Street is an unpaved road passing through the middle of the proposed project. The application provides for the formation of an Local Improvement District for the purpose of paving this road. The geology report indicates how the property drains and makes reference to minor corrections in the drainage pattern that will need to be made on Lot No . 5 . Page -3- S/3 The fire department has indicated that all roads on the project, including the cul-de-sac, meet with the fire department ' s approval . As stated previously, adequate capacity exists for the traffic that will be added to Westwood Street by this project . The Commission concludes that all adequate City facilities can be provided to this project, including water, sewer, paved access to and through the development, electricity, proper drainage , police and fire protection, adequate transportation, and that the development will not cause a City facility to operate beyond its capacity. Criteria c . That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc . , have been identified in the plan of the development and significant features have been included in the open space, common .areas, and unbuildable areas. The application includes a Tree Management Plan which identifies all of the existing and natural features of the property, including the contour, vegetation and other significant features . This project is surrounded on two sides by City owned property which will, presumably, be preserved in open space . We conclude that the existing and natural features of the land have been sufficiently identified in the Outline Plan Application . Criteria d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. This development contains a road which will provide access to adjacent lots further to the south towards the Strawberry Lane area. The development is surrounded on two sides by City owned property which will be preserved in open space in the future . It is anticipated that the property to the south will be developed over time and that some of these properties will be accessed along Westwood Street . Most of the developable property to the south of the project will be accessed from Strawberry Lane. Based upon the information provided, it is concluded that the development of this land will not prevent adjacent land from being developed for those uses set forth in the Comprehensive Plan and applicable City ordinances . Page -4- Criteria e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. This Application is proceeding in two Phases . The first Phase proposes seven (7) dwelling units to be situated on 5 . 1 acres -- one (1) existing unit and six (6) additional units . Phase Two will include three (3) additional parcels on the west side of the Wrights Creek tributary. There is no open space proposed as part of this project, primarily because the City of Ashland owns property on this project and will, most likely, preserve that property in open space . It is concluded that adequate provisions have been made to insure that development of adjacent properties will not be inhibited by this project -- in fact, because Westwood Street will be paved and sewer and water lines will be extended to the property line, adjacent properties are in a better position to develop as a result of this project . Criteria f. That the proposed density meets the base and bonus density standards under this Chapter. Findings related to the proposed density are included in the discussion of Criteria a. It is concluded that the proposed density meets the base and bonus density standards established under .this Chapter. DECISION 1\1anduse\hasse11.findin9s ' Page -5- �J TREE MANAGEMENT PLAN TREE MANAGEMENT PLAN From the outset , the primary goal of the owners of this property has been to blend this development into the existing ecology of the hillside . To accomplish this goal, the owners have carefully planned the development to minimize the impact of development . This has included the following considerations : 1 . Limiting the number of planned units from the maximum allowable . 2 . By identifying all trees on the property before finalizing the location of the street . 3 . By placing the street in a location designed to save the greatest number of trees possible, while accomplishing the goal of providing access to dwelling units . By including deed restrictions that permit for appropriate development in this area. TREE EVALUATION This property has been surveyed for the principal purpose of identifying the slope of the land and the location, and size of each tree . The topographic map submitted with this application includes this information. Also included is a map identifying the trees that will have to be removed. TREE REMOVAL Those trees that are identified as requiring removal will be removed during the initial state of development so that traffic in and out of this project will be .limited to those areas where roads or parking areas will be eventually constructed. During the construction of dwelling units, trees exceeding six (6) inches in diameter, will not be removed without permission from the City of Ashland. TREE PROTECTION During development of this site and construction of dwelling units, the following measures will be taken to protect all trees from damage : 1 . The- trees will be fenced off (within the drip line of their canopy) during development and construction. 2 . No debris or construction materials will be stored within the drip line of any tree on the site . Page -1- 3 . No compaction, fill or soil removal will be allowed during development and construction within the drip line of trees unless adequate measures are taken to protect the tree from damage . 4 . Precautions will be taken to protect root systems during the installation of utility lines and the paving of streets or drives . 5 . Generally, any activities, during development of the property, that can seriously damage any tree designated to remain on the site will have to be modified or eliminated to protect existing trees . FIRE HAZARD REDUCTION As part of the Fire Protection and Control Plan, all dead trees and debris will be removed before construction of dwelling units . Some pruning and trimming will be necessary for trees whose branches touch the ground. PLANTING TREES Planting additional trees on this site will be encouraged by the property owners . In fact, it is required in the deed restrictions . Provisions for additional tree planting will be included with the landscape plan provided in the final plan. 1\1anduse\hassell.trees Page -2- �0 F a ' s a J § 3 b ' lYlI1C OOM JCIM ' 0 \ Y •3 j N J n too IL ZA y lY J � VYIV 4 h� QQQ 27 i £ J =a 33 Ll jjA 9 TYPICAL STRUCTURES �d I 'Vyy'1 Jf1 UL,„� r� F r �&,� .r� ��s'`-�7'-�•i',�.�� a?P LO ILI & Lc s 29�TS T� � q� �'I� IV I '1•' r 1�� ��- 4{ ;:Ifll�F' liu�li���lt�lll �P, I I I III {,iill 41 'I Ipp � Et I I j • lllfl I II11 "old World � Main floor. 1,362 sq. ft. -- r :-!ailed window treatment and arched Upper floor: 1.234 sq. ft. ....I ritk entry bring elegant, old world charm '"i •• fasTyy3 : :his four-bedroom home. But inside Total living area: 2,596 sq. ft. ;:i'il quickly discover an exciting, (Not wanting garage) i •••"• e.a.m. - - date floor plan full of surprises. j .. ����•�� ^.an entering you can view the sunken room beyond an open railing.four _ ;:s down you can proceed to the dining j56'-0" a d,rn. = .:::n,sunken living room, or through the ; - _ "•'-" ""•"" ' .:::L•!e doors into the country kitchen and --:an family room area. °z!,e note that both the dining and living -- ...^ feature windows on two sides to ❑ ri . .:e a very light and airy interior. ,p _o u i o• , y. .- `s country kitchen is a dream come Dining with a cook-top island, double "'°•'f'0 t!„::!::!; I P.,nuv - .. expansive window over the sink, — :c a fantastic walk-in pantry. o. - -- ff .,, the foyer,a stairway leads to the PLAN R-g010 •;'rrcoms. Double doors open off the rn; v u:;:-::r°• Llna Envv:F, iv::::::::r r!!:::- n WITHOUT alScMENT Living A:.vay landing to a spectacular master '- !^i'� _._•. If you turn and proceed another five = '�m -'{ 1` =_ ICHAWLSPAU:OUNOFnONI up, you'll discover the other three ..:rooms.This arrangement creates what ,:entially a private wing for the master .:c. And rarely will you find a master .:-a!ike this. It includes a cozy sitting '� - ---- -------- - -.- :, ;vith fireplace,a raised sleeping area, j luxurious bath with dual vanities, . :.z-in wardrobe and a spa tub. — r t -..is home is truly one-of-a-kind and .--::!ses years of enjoyable living. j 1 ..r :•:estions, or to order blueprints by phone, call To order blueprints for this design by mail. see :•7y & Associates Designers: 1-800-637-8365. order form and pricing information on pages "< Plan R-4010 r L PLAN H-2114-IB FRONT VIEW Contemporary Home Designed for outdoor Living and Convenience PLAN H-2114-1B REAR VIEW outdoor living was a major consider-ation in the design of this contemPOrarV three-bedroom home.The dining roo�—.. living room and spa roNQm are oriente�_ toward the full-wi dth deck.The living room is surrounded by floor-to-ceilinS windows, and also features vaulted ce:iings uvNG RCKW and a fireplace with tile hearth and built-in wwd bin. The passive spa roorn. with mosaic tile floor and ooerable D� T= acts as a passive �;Z skylights abov collector, To seal warmth inside,the nome 7-7— is designed for R-30 insulation in the rocn R-19 in the exterior 'ads. and floor, and P, I The luxurious master bedroom suite On tures a window see: the first floor fea Y 11 walk-in closet,and roomy private b-,Zr.. 1400K PLAN H-2114-1A Sliding glass doors offer a view,as ei; as WITHOUT BASEMENT, IT,vate access,from the master suite TO NCRAWLSPACE FOUNDATION) "light-filled spa roNom. I GARAGE the pens or:O a 1 23. PLAN H-2114-1113 The sheltered front entry 0 WITH DAYLIGHT BASEMENT spacious foyer, with closets and an FIRST FLOOR adjacent half-bath and storage area. Out 1682 SQUARE FEET (EXTERIOR WALLS ARE Of the main flow of traffic, and also I en! 147 SQUARE FE ZXS CONSTRUCTION) SUN ROOM accessible from the garage, the kitch 547 SQUARE FEET-GARAGE nook area includes a brealkiast bar, :antr, closet and built-in Service counter. Two large bedrooms ocCuPv the u::;Oe, level,along with a spacious bathroo�- The ay provides a stunninc view 'ecteno. balcony haliw to the living room and the scenery be�onc. The basement version offers an additional 1,386 so. ft., including a fourth STORAGE bedroom and lots of space for recreation ... and storage. First floori 1,6E2 1—'7 San room: Second floor: . ........... ........... area: SAS MIENT SECOND FLOOR Total living 732 SQUARE FEET (Not COU91ing DZSeTrCr�t 01 gara"' E 1336S(UAR To order blueprinis !Or lt.'t ITT -f 10r.- is or to order blueprints design by ail, see ort- For questior , It i formation on pages 11 Hornestyles Plarl Service: Blueprint Price Code C 502— and pricing by phone, cat 1-800-547-5570. Plans H-2114-1 A and H-2114-1 B 214 re, ,�f m�'� Ai 11 � I �� I'I!IIII '`TI I ll t P I, � I I Ili .I : . '.IIII 1\ .i. z i I I III Y��-�S� a-n •i1�.�Ca,-� .INCBIly�� 1 I � 1 I .IliT I � �. i x t- II I I II I: w ti� + `• . ,�Yy;: 1 I 'irr ly�.� 0., 4. � III IIII III 1 1! 'I w-+ F,-�aL - o . a 1 {�, n _ O r Ui1 .a , 2 ..i REAR VIEW - f \\ \ \ l — \ Garden Room Adds r :um wm.cE _ — --- 011EA15A3i -- q �,.—_•—.. i __,.. ,:...- Extra F=:�::N7 Warmth � AM First floor: 1,584 sq. ft. F Second floor: 563 sq. ft. R Total living area: 2,147 sq. ft. iq- awsrEn �„ (Not mounting garage) k' I a-• I `. i •� sarrn t. ! PLAN L-149-SC6 nest Fww I - - I WITHOUT BASEMENT (SLAB-ON-GRADE FOUNDATION: - i 9' CEILINGS THROUGHOUT FIRST FLOOR -".stions, or to order blueprints by phone, call y To order blueprints for this design by mail, see :'J. Garnett & Associates: 1-713-487-0427. order form and pricing information on pages 114-115. Plan L-149-SCB ` 121 DEED RESTRICTIONS T. HABIT "A" D3S0 12STAICTIONG, 1t1C TWWD 7111 the property described herein held c shall be hold. occupied and improx do subject to the following protective restrictions which are atteohed and agreed upon for the purpose pf anehaneing and protecting the value, desirability and attractiveaese of said land. Those restrictions shall ru:. with the land and remain la full force cad affect until the last day of DeosQwr of the ,' year 2015 A.D. , and shall be binding upon the *war or owners of any equity or title therein. 1. PC building, structure or improvement shall be constructed, erected, altered, placed or permitted to remain on any, lot other than single family dwellings designed for oecupanldiby not more than one family, togstber with appurtenant ou gs cad garages. said outbuildings and garages shall oonform generally in aechitectural desip and exterior appearance to the dialling house to which they are appurtenant and may be, but coed not be attached to said dwelling. No building or structure shall be contructedl. erected or permitted on any portion of said lot until complete building plans, in accordance with the building code of the City of Ashland, have been approved in writing by the city. 2. No shed, garage, basement. trailer, 040er, swbils hose, motor hose, or other outbuildings with unfinished exterior walls, shall be at any time be used, temyorerilT or permanently, as a residence. Nor shall any structure of a temporary character be used, temporarily or permanantaly, u a residence. 3 . No anlieensed autos shall be visible oa lots or permitted to be parked on the street(*) and or driveways. ReoreatiCaal wohicles shall be no lass then 30 feet from usighbcring lot li.nea. me logging equipment, truck, house trailer ( As dis- tinguished from camping trailer) or any other heavy Wuipawnt of any kind sball be stored or allowed to remain upon any lot. There shall be no repairs of vehicles outside of s garage or suitable outbuilding. {. No rubbish shall be stored or allowed to accumulate on the lot. All the lot and adjoining read rights of way shall be kept free of weeds and trash and shall be kept unAer reasonable cultivation " .cars by the respective owners of scab real E property. All rubbish and trash shall be regularly removed and disposed of properly. 5. I^x-h lot wrier, within twelve (12) months of the iwAsmce of a Wilding permit by the City of Ashland, shall, if no aoceptable taws exist. plant "street trees". 7b aw tress are to be of u eper:iss with a mtivo appwxams sad selected by the lot over frtr a list available frn the City of Ashland planning Depa UMt and further approved by the AQh)and Street Wee 0amdasion. Mw selected t, are to be planted on a aoaimml specdns Of 25' and within 25' of the Curb line along each owoms' street frontage. A miain of 4 additional trees gust be planted on each lot within 12 months of the ieatmmce of a Ooildi.ns permit by the C7ty of Asuland. owner se.acted trvw,e are to be planted. 1 . The miniaua square feet of each residaAt1a.1 dwllinl shall be rw Lass than 1750 square feet. It two stories, the first floor shall be no lass than 1,000 egoare test. In the sitting Mf buil.ainos. in the vlantdsv of now trees. or the malntananoe SS of the Muni ,al Cods of the City of Ash/ 8 aaall be an oro*a. 7, pfim _ No pets shall be alomyJ to create say dlaturbanee. They shall be ramvsd puruan ntly 11 they aro aaisy, destructive to - neiglsbors' property, or otherwise intcwtore with the peaceful. use and eRyoym t of nelg2boe'e property. A pet's ovtwz shall be renponsihle for any damage or injuries caused by such pet. (City Ordinance 8.18070 Doge-Noise. It shall be unlawful for any person to keep within the City Of Ashland, any dog which by long contiruod barking disturbs or annoys another psrsun within the G ty. (Ord• 1847, 1.97:,). i 5G .FIRE PREVENTION AND CONTROL PLAN �7 FIRE PREVENTION AND CONTROL PLAN The following information constitutes the Fire Prevention and Control Plan, as required by the Ashland Land Use Ordinances (18 . 62 . 090 A) for developments of this kind. This plan has been prepared with the assistance and direction of the Ashland Fire Department . ANALYSIS OF FIRE HAZARDS ON THE SITE Don Paul of the Ashland Fire Department has reviewed the site and has concluded that minimal fire hazards exist because of the small number of trees on the property. If the grass grows tall in the summer, it will need to be cut from time to time . AREAS TO BE CLEARED OF DEAD OR DRYING VEGETATION The subject property has already been cleared. The property will be maintained in accordance with the Tree Management Plan and the Deed Restrictions . VEGETATION TO BE THINNED OR REMOVED The Ashland Fire Department has indicated that the present vegetation is acceptable . Again, regular maintenance of the existing trees, to remove any dead or dying limbs or trees , is the only task needed to satisfy this requirement . THE TREE MANAGEMENT PLAN Included in this Application is a Tree Management Plan. This Plan includes another map showing those trees that must be removed as part of the development . AREAS OF PRIMARY :AND SECONDARY FUEL BREAKS Primary fuel breaks will be installed and maintained around each of the structures to be built in this development. The primary fuel breaks around these structures will be situated a minimum of thirty (30) feet or more from the structure depending on the slope where the structure will be constructed. The primary fuel break around most structures will extend out to forty (40) feet , provided that enough space between lots exist for a fuel break of that size . Secondary fuel breaks will be installed and maintained one hundred (100) feet beyond the primary fuel breaks for each structure to be constructed in this development . A Fuel breaks shall not include any fire hazard plants such as scotchbroom or other greasewood plants that are highly flammable . All structures will be constructed with Class B or better non- wood roofing materials . LANDOWNER OBJECTIVES The Applicants/Owners are dedicated to preserving the rural atmosphere of the area and all natural features of the land. The owners have cleared ground brush from riparian areas, have removed garbage from the property and have cleared much of the poison oak and brush near the riparian area. A total of thirty-eight (38) trees are located on the subject property. Only four (4) of these trees will be removed or disturbed by the development . The four (4) trees to be removed are all old or dying apple trees . FIRE PROTECTION MEASURES Adequate water exists at the present time on the subject property. A city waterline has been installed along the utility road extending westward to Strawberry Lane . Fire hydrants are located along the right-of-way and up to and including the Strawberry Lane area. A helicopter dunk tank is located immediately east of the subject property making response to a fire by helicopter very fast. This application meets all of the City of Ashland Fire Department standards for a wildfire risk area . EMERGENCY VEHICLE ACCESS REQUIREMENTS The proposed cul-de-sac meets with the specifications and requirements of the Ashland Fire Department . 1\1anduse\hassell.fire Page -2- � S°I DRAINAGE AND EROSION CONTROL REPORT FERRERO '.`� FRRRE120 GEOLOGIC , 760 OakSt. Ashland OR 97520 (541)488-2452 �' GEQ,Q,ISIS�' To: Anna Hassel 25 Westwood Street Ashland, OR 97520 Date: 7/8/96 Subject: Drainage and erosion control plans, proposed Westwood Subdivision, T39S, R1E, Section 8, Tax Lots 901 and 902, Ashland, Oregon The proposed Westwood subdivision is located on gently sloping land between the two easternmost forks of Wrights Creek. Nearly all of the site drains northeasterly, toward the smaller fork of the creek to the east. Slopes do not exceed 15%. The soils are granitic and so tend to be highly erosive. The existing house, outbuildings and gravel surfaced road and driveway have been developed with minimal erosion and drainage disruption, due to the gentle slopes. It is my understanding that Westwood Street is to be paved, with installation of curbs, gutters and storm sewers. Surface drainage between the two forks of Wrights Creek is concentrated in a gentle swale that enters the northeastern corner of the site(lot 5) from the northwest, across the adjacent property. The swale is not well incised, as would be expected for a drainage with such a small collecting basin (0.2 square mile). The last 100 feet +\- of the Swale, before it enters the easternmost fork of Wrights Creek, is incised about 6+/- feet deep. The head of the gully rises abruptly to the swale elevation without channeling. The gully appears to be an altered feature. Perhaps it cut further upstream in the past and was filled, or perhaps it was excavated, or perhaps subsurface flow during the wettest times has caused the headward cutting, though there is little evidence of the latter. It shows no evidence of substantial stream flow. The gully cuts the middle out of lot 5. I see no reason that the western portion of the gully cannot be filled to facilitate development of lot 5. The swale flow can be diverted along the north line of lot 5 and turned into the gulley nearer to the creek. The diversion should be a rock armored open ditch to prevent erosion. In case of intermittent spring flow, a perforated pipe should be placed in the channel of the filled gully, bedded in drain rock covered with filter cloth. The fill above that can be native material without organic matter, compacted in accordance with standard practice, to / Engineering Geology, Geohydrology, Em111-017menial Geology and Mining Geology Since 1983 G / FERRERO GEOLOGIC 760 Oak St. Ashland OR 97520 (541)488-2452 prevent foundation settlement. The rest of the site can be drained without erosion problems by transporting all roof drain and road concentrated drainage in buried pipelines and armored ditches to the gutters and storm sewers to be installed in Westwood Street. The lots west of Westwood Street (l, 2, 6 and 7) all naturally drain toward the roads, and so this can be easily done. The lots east of Westwood Street naturally drain to the easternmost fork of the creek, and so roof and any other concentrated flow should be transported via pipeline to the creek. Outflow points should be at channel bottom elevation and rock armored to prevent bank and channel erosion. Since the creek is on the adjacent property, easements for the outflow points will be necessary. If easements cannot be acquired, roof drainage can be transported via pipeline to the.Westwood Street storm sewer if houses are set near the high (south) side of the lots. To prevent sedimentation of creeks during construction, grading and building should be completed during the dry months of the year. In case of summer storms, drainage from building pads, excavations and any other disturbed areas should be directed by sloping or ditching to sediment catch basins, consisting of an arc of hay bales covered with filter cloth, and staked down with rebar. No sediment laden outflow should be allowed to reach either fork of Wrights Creek. Rock armored ditches should be lined with 3"+ size gravel and cobbles (crushed rock or bar run). Filter cloth should be non-woven, such as Mirafi 140N. Smooth walled PVC pipe is far superior to the flexible pipe often used for subsurface drain perforated pipe and roof drain lines. It is much more crush resistant and can be cleaned out with a rooting snake without damage. Cleanouts should be installed every 100 feet and\or at corners. For any questions about drainage and/or erosion control structures, please contact Ferrero Geologic. Construction and long term drainage and erosion control structures should be inspected by Ferrero Geologic or the project engineer to assure compliance with these recommendations and effectiveness. Sincerely,. pTIF7 G FO OREGON FERRERO 7 7 Eirgineering Geology, Geohvdrology, Environmental Geology and Mining Geology Since 1983 i R c o y CKE c o- 4 a won ZEi a 7� p b In N 7 n L G 0 T ` z L r / c2 i y i n n i _ ✓� Y � v 0 � n N I__I �l a d • l �� i I f•1 I S ,: WD C.suimp SAY[GUN50[U4 SUUa� r MA.&MUCCUr S • i• 9s 41 ,,, I 7 I i it , •t.:i7 _I II 111 � ; � _ •�1✓�_ _ �.1� ,� � � � I 1 1 REcE� P September 6 , 1996 b y6 Planning Commissioner: Enclosed please find a signed petition, letter from a real estate agent, and letters from Westwood neighbors regarding opposition to an LID and the proposed subdivision if the Westwood neighbors have to contribute to the street improvements. We would appreciate your time and consideration in reviewing all the enclosures. Thank you in advance. Respectfully, Westwood Neighbors 667 RECEIVED SEP - 6 1996 We, the undersigned neighbors in theWestwood Street area, would like it to be noted for the record that we are opposed to an LID in our neighborhood. We feel that it should be the developer's responsibility to pay for the street, curbs, gutters & sidewalks which will provide access to the subdivision at the end of Westwood Street. Sieved: Address: Date: tvS WaS3wu;� St. 55 �U 4L 3) nL �=Iano, 8/,30/ 576 4) "%i� c :ti ;tip t� /n ( 5 5" l/� ( u��� :.l / . �S 30/ l G 6) c 1. ,,e LUtoo 'd/ 3o �atiel 5� .�� t �`7 We.gti�v� q 3 / 7) 8) {,�� 9� 9) 1gO6LZ r F, �lti��6- /7/ II �. PATRICIA SPRAGUE ttLc S> i 0 5o REAL ESTATE, Inc. Dawn Tallow 183 Westwood Ashland, OR 97520 Rebecca Brunot 99 N. Main Ashla7Ld, OR 97520 Dear Dawn, In response to your question of whether paviazg Westwood St. and creating curbs and sidewalks in fr07tt of your home would improve the property va.lu.e there, it is my opinion that it would 7>,ot. I think that a substantial aduan.tage of your present locatio7b a7>,d situationb is the fact that it is se7ni-rural while still in the city limits and very low traffic, low Tzoise. I believe the fact that it is a dead e7td dirt road is actually to your advantage regarding your property value because it is a rare and desirable situation to fi7td in Ashland at this time. Plcase let Tn.e k: 0u% f I can. be of further help t0 y'OLl L,t ;oy way. Sincerel , Rebecca Brunot Telephone: (541) 482-2905 Fax: (541) 488-0304 Internet email: psprague @mind.net Web Page: http://www.opendoor.com/realestate 607 9/10/96 RE-cEfVEp SEP - 6 iy9c; To whom it may concern: The purpose of this letter is to state for the record that as a homeowner on Westwood Street I am opposed to the subdivision Ms. Anna Hassell is endeavoring to create at the end of Westwood St. It seems that if the subdivision is granted to tier she will attempt to create an LID there. As it is now the street is a dirt road lined with trees that enables our neighborhood to keep the semi-rural appeal it has had since we first moved in. It tends to be a quiet neighborhood with few cars. That is one of the reasons we purchased our ]ionic. Now all this is rapidly changing. I am greatly concerned that our neighborhood will lose the semi-rural atmosphere and ambiance it has which will affect the value of our home and the quality of life we now enjoy there. Today the impact of more traffic in the area has already been felt. Since Strawberry Lane was connected to Westwood St. the traffic flow is more regular and cars tend to travel much faster than the residents of the neighborhood do. Thus the safety factor of adding even more traffic is a concem,to those of us with pets and children . If the subdivision and LID are established one of the concerns I have is that there are no houses or lots across the street from our homes that will assist to absorb the cost. It is my understanding that the city owns that land. If this is true then the City of Ashland should address this and let us know if they intend to pull from their funds to assist in the paving of the road. Another concern of mine is that we as a neighborhood will need to help in the payment of paving Westwood St. as well as endure the constant routine of building house after house. It hardly seems fair that we should assist in paying for a project that we don't want , can't afford and will only benefit Ms. Hassell in the long run. I am hoping the hard work and many efforts made by our neighborhood concerning the subdivision and possible LID will be strongly looked at by the Planning Commission. 1 thank you for your time concerning our situation. Sincerely, n Kelly M. Zakis 145 Westwood St. Ashland, Or. 97520 RECEIVED SEo _ 0 7y9S To Whom it May Concern: I am opposed to the subdivision being considered for the south end of Westwood Street because as proposed it would impose an undue burden on the existing neighborhood. My understanding is that the subdivision would use Westwood Street as its major access, and that the City of Ashland requires that this access be paved to meet the existing paving at Orchard Street. It is my understanding that the developer intends to fund the paving of this access through the formation of an LID, even though the neighborhood unanimously opposes paving. The Westwood Street community treasures its quiet, rural, dirt street. Traffic is rare, and the neighborhood enjoys its connection with the natural landscape with which the dirt street blends. To degrade these qualities, and be forced to pay for the degradation, is a painful insult to the community. The approval of the proposed subdivision without consideration of how its access paving would impact the existing neighbors would be to ignore the social context in which the subdivision would be placed, and would be divisive to the local community. I urge the denial of the subdivision plans until a plan for access paving which respects the existing neighborhood is in place. Sincerely, q _ iNto X David Sugar Skye Gunsolus Sugar 177 Westwood Street C RF�E�V�o SFP o >y, September 9 , 1996 ✓6 Planning Commission: We moved to Westwood Street in August 1988, more than eight years - ago. We love it here on Westwood. We ask that you carefully consider the changes an LID would make on Westwood. We are strongly opposed to an LID if we have to pay for it. We feel it is the sole responsibility for the developer to pay all the costs for her new subdivision. It doesn ' t seem fair to us that just because we live on Westwood, we should have to pay for her access to her subdivision. The paving, etc. of streets from a current paved street should definitely be part of a developer costs . Since the developer will benefit, that individual justifiably should be made totally responsible and accountable for all incurring costs, and that absolutely should include an LID. A developer must accept all the obligations of a new subdivision, and that certainly includes improving the street. We are opposed to the subdivision if we have to pay for the street improvements. We do not want an LID at all . If the developer pays for the LID, than we are not opposed to the subdivision. Respectfully submitted, r Paul C. Adams , Homeowner Darl Y n A ams , Homeowner 189 Westwood, Ashland 70 SFP September 4, 1996 Ashland Planning Division Ashland, Oregon 97520 To whom it may concern: I have been a resident of 183 Westwood Street for 5 years and consider myself fortunate for having the opportunity to live in such a beautiful area. It is not uncommon to see deer and other wildlife meandering through my property. Most recently, a doe and her fawn have taken to grazing on clover in the side lot. One of . the unique aspects of living on Westwood Street is being within the city limits but experiencing the beauty of rural life. Ideally, I would prefer Westwood Street to retain its rural ambience. The charm and inherent value of the neighborhood is underscored by the many trees, wildlife, dirt road, and open space. The essence of the rural appeal will be greatly affected by the addition of a new subdivision. . Progress does not necessarily mean development. Environmental impact as well as quality of life cannot be measured in terms of short-term gains. Ashland may be measuring itself with a broken yardstick if paved roads become an indicator of progress. I oppose the Land Improvement Development on Westwood Street. 1 oppose financially subsidizing access by way of paved roads and sidewalks to the proposed subdivision. Finally, I oppose the fundamental nature of change and the associated costs these "improvements" represent. Respectfully, Mary Dawn Fallon 183 Westwood Street Ashland, Oregon 97520 488-5000 7l Mary Wright Eaton, #C-SW ' Board Certified Clinical Social Worker �9 September 4, 1996 To Whom It May Concern: I oppose the proposed development at the end of Westwood Street 'if I must contribute any money for the paving of the street. I do not want a paved street, I do not want sidewalks, and I would like the rural feel of the neighborhood to be continued. I firmly believe that only the developer will benefit from paving the street, and the developer is responsible for all costs. If I am not required to pay anything for the street paving, I certainly do not oppose the proposed development. Sincerely, Mary W. Baton I 7;Z 155 Westwood, Ashland, OR 97520 (503) 482-8304 R To whom it may concern, 6' 199 S In the interest of fairness, I submit this letter hoping that you'll understand our concerns regarding the paving of Westwood Street. As you are probably aware, most of the neighbors in this area purchased our houses because we liked the rural feel of this neighborhood. All that is changing now. It is not the change that we are against. It is, however, the formation of an LID that is objectionable - forcing homeowners to pay for access to someone else's subdivision. In order for the developer to be able to sell her lots, paved access must be provided to her subdivision - converting Westwood Street from a charming dirt road to an unappealing paved street. Again, we are not opposing the subdivision - we are opposing the formation of an LID. Since the developer is the one who will profit from this paving, it seems to me the developer should pay for it. This newly paved road will allow the proper access to her subdivision. It is her development& therefore should be her responsibility to provide adequate access to it. The real estate agents I've spoken with, when asked, said that I would not gain"financially" from having a paved road. Why then should it be my responsibility to pay for it? The neighbors along Westwood are also in a unique situation in that we do not have lots or houses across the street. We are therefore left to shoulder the entire burden of the paving, should we be assessed for the cost. if the city owns the land held in reserve for public access, then the city should pay its fair share. It is my understanding that the city owns several acres by Strawberry Lane. This paving would help access to that property as well & therefore should be the responsibility of the city - not the neighbors living in already established lots below. There is a street fund & a sidewalk fund which should be accessed precisely for this kind of situation in Ashland. Please do the right thing and show some sense of fairness to the neighbors living in this area - do not make us pay for access to someone else's subdivision. Thank you for your attention. Sincerely, 1 i j v t�� VuQS�VJUIi f� �f . cl -73 August 13, 1996 RECEIV ED SEP , To Whom it May Concern: %Sgt I live at the corner of 485 Orchard and Westwood Street. I have no access onto Westwood from my property. I am currently still making twice yearly payments on the paving of Orchard Street. As part of the old Gross property, there was never a signed agreement on paving either of the streets in our purchase agreement. . As we watched the meteor shower from our backyard Sunday evening, we were surrounded by deer and other wildlife right in our yard with us. We of this entire neighborhood want to protect this wildlife, the trees and natural vegetation. We know that we cannot stop development, but we would like to make it as unobtrusive as possible for both our love of this rural area and the protection of the wildlife that is here. We would ask that the paving of Westwood be made as simple and as free of damage to the area as possible. If chip and seal will work for the very heavy, downhill traffic on Grandview for at least ten years, as we have been told, then a similar road on Westwood would last many more years. Also, sidewalks and gutters would necessitate the cutting down of at least forty.good size trees. We want to make this road as reasonably priced for the developer as possible because the entire neighborhood feels that it is the developer's responsibility to finance it. No one in our neighborhood wants this road paved or feels that it would add to their property value. Actually, in some cases and for some people it will lower the property value. It is time for the city council to put the cost of the road building it feels necessary for new development in the developer's lap. The person who stands to make all of the money should not be expecting the neighbors to financially support their project. Nor should the city expect this. So to summarize: The road should be as simple and unobtrusive as possible. It should not change the wildlife of the area. The developer should finance it. Thank you for your attention. . Rodene Huggins 485 Orchard Street (corner of Orchard and Westwood) 7V Jon R. Peele P.O. Box 566 Ashland,OR 97520 Home Phone 488-3165 August 23, 1996 AUG 1 3 1996 To the Ashland Planning Commission: On Tuesday, August 13, 1996, 1 watched on TV portions of the Commission's hearing on the proposed subdivision application for upper Strawberry Lane/Westwood. Several questions occurred to me regarding this project: (1.) The Applicant proposes to subdivide a 10 acre parcel into seven lots. As I recall, six of the lots are approximately 1/2 acres in size. The sixth lot (Lot 1) is much larger(over 5 acres). The Commission and Staff seemed to conclude that this plan met the require- ments for"one acre development and that the public didn't seem to understand this.' This statement concerns me, especially when the Applicant's representative stated that she intended to develop (subdivide) Lot 1 at a later date. Currently, she is attempting to obtain a right of way from a different direction to avoid the high cost of improving the existing road across the creek. "This is why she is not now including Lot 1 in her planned subdivision", her representative stated. What the Applicant intends is something less than one acre density for her land. She is simply continuing her past practice of doing "minor partitions" instead of proposing a comprehensive development plan for her property. The Commission should put a stop to this and make it clear, by a condition to the subdivision, that Lot 1 will not be further subdivided if her proposed plan is approved. Any future Commission and Staff need to understand this when the Applicant or her successor comes back to the Commission at a future date seeking to subdivide Lot 1. The argument at that time will certainly be that the existing lots in the area are 1/2 acre lots and that the proposed subdivision of Lot 1 is"consistent with the neighborhood." (2.) My second concern is access to the upper Strawberry Lane area. Access from Granite Street via Strawberry Lane can not be gained because of its one-way status from Scenic to Granite Street. Also, Strawberry Lane is a narrow lane, i.e., alley. It is not a "street." It is very steep and is not improved. Any further usage would add to existing safety problems. Access from Granite up Nutley to Alnutt and across to Strawberry is equally unsatisfactory. (This is the access used by existing landowners.) Upper Nutley is unpaved and unsafe because of the lose, deeply rutted gravel that exists much of the year. The steepness may make paving unsafe during the winter. Alnutt is a single width lane (alley) and is deeply rutted and full of blind spots because of vegetation. The Commission should not approve of any subdivision in the upper Strawberry Lane area until proper access is developed. If alternative access is contemplated, i.e., other than from Granite Street as described above, then access via upper Strawberry Lane should be blocked off to avoid creating additional safety problems on lower Strawberry 7-� • Lane/Alnutt/Nutley, at least until these unimproved lanes a,e improved. The City of Ashland should not contemplate further development in this area until it has come up with an adequate and safe access to Ashland City center. Sincerely yours Jon R:`Peele 234 Strawberry Lane 7(0 LOMBARD, KNUDSEN & HOLTEY BEN °KfS" LOMBARD,JR. ATTORNEYS AT LAW 622 SISRIYOU BLVD. POST OFFICE BOX 1090 KURT H. KNUDSEN ASHLAND,OREGON 97520 JUD HOLTEY* TELEPHONE(541)482-8491 'Aso AGninaE To Practice In Cal&mu FAX(541)488-3239 August 12, 1996 Ashland Planning Commission iy�L Ashland Planning Dept. City Hall 20 East Main St. Ashland, OR 97520 RE: PLANNING ACTION 96-094 ANNA HASSELL Dear Planning Commission Members: We are writing this letter on behalf of our client Mr. Henry Kneebone who lives at 449 Orchard St. Mr. Kneebone owns the property immediately to the east of the subject property proposed to be subdivided and developed by Mrs. Hassell. Mr. Kneebone has no objections to the.proposed development. However, he does want to have the following comments made a part of the record to be considered by the Planning Commission in its deliberations on this matter: 1. This proposal is consistent with the current zoning for RR-.5 sized parcels. As you are aware, the draft Strawberry/Westwood Neighborhood Plan, Staff Draft 1.0, March 18, 1996, proposes this area be changed to RR-1. Mr. Kneebone objects to this later proposed change which would affect his property, as well as the Hassell property and the Wiley property (Planning Action 96-102). The zoning of these properties should remain at RR-.5. If the property owners south of the Hassell, Kneebone and Wiley properties wish to change to RR-1,'Mr. Kneebone would have no objection to that change. To increase the lot sizes in this area seems totally counterproductive to any stated policy of this city to have "affordable housing". With-buildable lots already at a premium, such a zone change will only.enhance Ashland's reputation as a place where only the rich can afford to move. 2. Mr. Kneebone would object to any requirement that he in any way be required to pay for the cost of paving Westwood St. Mr. Kneebone's property does not benefit in any way from Westwood or from an extension of Westwood. That part of Westwood which abuts his property on the west abuts a deep ravine on the west side of the Kneebone property. There is no practical or necessary access from Westwood to the.Kneebone property. '77 Ashland Planning Commission August 12, 1996 Page 2 We thank you in advance for your consideration of these matters as you consider this planning action. Sincer ly, BevLombard, Jr. cc: Henry Kneebone 7� t• . City of Ashland August 3, 1996 Planning Exhibit Exeiarz 0 - PA# DATE8-15-rc s,e. To Whom it May Concern: Enclosed are photos of Nyla Lane (1-2), Westwood Street (3-45), Orchard Street (6-7- 8), Wrights Creek (9-10), and Wimer Street (11-12). Please note that there are no sidewalks on any of these streets except for a twenty foot sidewalk on Orchard Street, . leading nowhere from nowhere. Sidewalks do not belong in this area. This is a rural area in the city of Ashland. These streets are all tied into Westwood Street which is now being considered for pavement. Building sidewalks on Westwood would again be making a sidewalk from nowhere to nowhere. Also, to include sidewalks in this area would necessitate the elimination of many trees. There is no room for sidewalks, no need for sidewalks, and we do not want sidewalks. Ashland likes to consider itself environment friendly. Let's keep it that way and keep concrete at a minimum, using it only where it makes sense. Secondly, chip and seal makes more sense to all of the neighbors in this area. We feel that this would keep Westwood rural while at the same time providing access to the new development. A clear precedent has been set for the chip and seal on the recent paving of Grandview with chip and seal. Grandview is twice as long as Westwood and supports a much heavier traffic flow. We want to continue to preserve the rural ambiance of the area and protect the wildlife and the many trees along the entire road. We thank you for your consideration on this matter. Westwood Neighbors for Chip and Seal Oda --- ^y\.' s 3 pr�l�4 Ilh`'{. � .I. - s ` s S' '1 .• I � is 441 }h• M 4 . I. rte. t,�n�.•;Q•.3?�• a ' �� •fir"'�✓r'�� >. " �r .� I uf "S' z - IIA )�}����• '�N1YV' 4.b 1 �M 1 � fy . q3• I,• ' f r "�a at'J��jiw`��'�` 1�`+vJ . j+ � 31 v f `` fc ati - f t a f Y a 4 a it `l f t z z r _ t > t e I A a N F .boy- W. {i v"Sik•'�ii�``T�''+1 +. +�{ P� �� 5. {" S i• `a pvr, ::yy.r •�:+'L, � S� ,I hrf a41 +<r n w ' • ��`� � � ; �L+y>. .,({ - � �i✓<Ei �° 2.J, it F,e -, '� R . : f 7 - • LfpOJ'1✓'t J �i Y ,1 ' i tlr. - rr �' Vf 1 __ �is+�i�irls\J 3 L ta�.t�",, . . . r .. . S R ` a �II!'k 1 , � � - 1. � If l/ �• �' t 3 l � r...l'. i � li �..• y.' 9 i� 1 � �� y° s 4 t'- 1 1 rw i ij., ' 1 `l�J�''j"'}43 i KZS,,. ,p )?jay' / • l i V ! � ,.x J ! ;1 ) .� b� { iii � ��• ar•,:. tit, �'l+?:,' - +5 h ,T w r ( • Vr riJ�5t.r S / 1 . - t�.:��ST,Y Art x Marco 13arricelli & Kelly Zak-is 145 Westwood Street August 3, 1996 To whom it may concern, Unfortunately neither my wife nor I are going to be in town during the meeting with the Planning Commission. I have asked one of my neighbors to submit this statement on our behalf. It is regrettable that the land around our once rural area is going to be subdivided. Since one cannot stop the progress, however, one must be careful to try to maintain the ambiance in the neighborhood that prompted him to settle here in the first place. The issue of sidewalks on this road seems silly to us. This is a rural neighborhood and is filled with roads without sidewalks. There is no reason to have sidewalks on Westwood and putting them in would necessitate the removal of 40+ trees. If Westwood must be paved, we favor the "chip& seal" method, as we feel this maintains the general rural look of the neighborhood while making access to this area available. Such is the case with Grandview. There is the issue of paying for this paving which must be discussed as well. Firstly, the people who live along Westwood cannot be helped by neighbors directly across the street to help defra% costs. There are no neighbors, nor is there any possibility of having neighbors there in the future. That section of land is held in reserve by the city for public access. If this is so, the city should be footing the bill. If the city can say, "Well, the city doesn't actually own it," then it seems to us that we can also say, "We don't actually own it either- why should we pay to pave it?" Secondly, we are not going to benefit by having Westwood paved - in terms of dollars. The developer will benefit monetarily and therefore should pay the costs associated with gaining access to his or her pot o' gold. Our concerns are reasonable. We are concerned with fair-play with regards to economic questions and maintenance of the rural ambiance in this wonderful neighborhood. Thank you for your attention. Sincerely, S3 August 13, 1996 To Whom it May Concern: I live at the corner of 485 Orchard and Westwood Street. I have no access onto Westwood from my property. I am currently still making twice yearly payments on the paving of Orchard Street. As part of the old Gross property, there was never a signed agreement on paving either of the streets in our purchase agreement. As we watched the meteor shower from our backyard Sunday evening, we were surrounded by deer and other wildlife right in our yard with us. We of this entire neighborhood want to protect this wildlife, the trees and natural vegetation. We know that we cannot stop development, but we would like to make it as unobtrusive as possible for both our love of this rural area and the protection of the wildlife that is here. We would ask that the paving of Westwood be made as simple and as free of damage to the area as possible. If chip and seal will work for the very heavy, downhill traffic on Grandview for at least ten years, as we have been told, then a similar road on Westwood would last many more years. Also, sidewalks and gutters would necessitate the cutting down of at least forty good size trees. We want to make this road as reasonably priced for the developer as possible because the entire neighborhood feels that it is the developer's responsibility to finance it. No one in our neighborhood wants this road paved or feels that it would add to their property value. Actually, in some cases and for some people it will lower the property value. It is time for the city council to put the cost of the road building it feels necessary for new development in the developer's lap. The person who stands to make all of the money should not be expecting the neighbors to financially support their project. Nor should the city expect this. So to summarize: The road should be as simple and unobtrusive as possible. It should not change the wildlife of the area. The developer should finance it. Thank you for your attention. Rodene Huggins 485 Orchard Street (corner of Orchard and Westwood) 02/04/97 16:47 $503 779 0796 MEDICAL EYE CTR (6001 �fl2-g Cl-F2ls�En)�c-n� KEITH AND LINDA CASEBOLT 435 GRANDVIEW DRIVE ASHLAND , OR 97520 FACSIMILE TRANSMITTAL SHEET To: FaoN: Ashland City Council Attention: Fran Keith Casebolt COWANY nATE: ' February 4, 1997 FAX NUbMEK TOTAL NO.OF PAG&S INCLUDING CO`77.R: 488-5311 1 PIIONP.NUMM.P: SENDER'S RNF'ER.KNCE NUMMIR: RP. YOUR KEFERF.NCE NUMBEIC Hearing on 25 Westwood St.Subdivision ❑ TIRGRNT ❑FOR RF.VTF.W ❑PLEASE COMMENT ❑PLLASL REPLY ❑ PLERSF RFCYCT.F. ' N(T ES/C()MXLN1s: Fran,can you deliver this to the Council for tonight's meeting?My understanding is that This is item #1 on the agextda. Thanks] I just moved to Ashland 12/31/96 and am looking for a place to live permanently with my wife and three young children. On a walk,I discovered the area where the proposed Westwood subdivision is. This appears to be excellent land to be developed for low density residential property and I Support the 7 lot subdivision. If possib1c,T would like to purchase a lot there and receive permission.to build even before the road is put in. It appears the city has already invested in underground utilities aid that delaying development would not be optimal Thank you for considering this input. PHONE: 482.4766 PAX: 779 u794 CITY OF ASHLAND °F`As° Department of Community Development Planning Division .. MEMORANDUM DATE: January 31, 1997 TO: Honorable Mayor and City Council FROM: John McLaughlin, Director of Community Development RE: John Sully Letter/Lantern Hill Development At the last council meeting, Mr. John Sully presented a letter to the City Council regarding a landslide which deposited large amounts of material on Lantern Hill Drive (off Granite Street - Seitz development) and consequently into the yard areas of adjoining downslope properties. BACKGROUND OF DEVELOPMENT In 1990, an application was filed for a 6-lot subdivision off of Granite Street. After modifications and appeals, the City Council ultimately approved a 5-lot subdivision. The action was appealed to LUBA, where the city's decision was reversed, based on the issue of cul-de-sac length. The applicant's filed an amended application with a shorter street. The City suggested mediation as an option to address the issues. The parties entered mediation, and after the modification of the proposal from a 5-lot subdivision to a 4-lot development, the City ultimately approved the request. The final plan for the development was approved by the Planning Commission in March, 1994. The subdivision was completed by the applicants, with the street construction occurring as per the approved plans. The final survey plat was signed by the City in September, 1994. All development to date has occurred according the approved plans of the mediation and subdivision. During the recent storm event, a landslide occurred in an area essentially undisturbed by the development. The slide blocked Lantern Hill Road, and deposited materials into the yard areas and against the structures of the downslope properties. After hearing of concerns by the neighbors, the.City hired Mr. B.G. Hicks, consulting engineering geologist, to review the site and make recommendations regarding immediate remedial action. His report was given to the property owner as well as the adjoining landowners. MR. SULLY'S LETTER Mr. Sully raised several issues in his letter to the Council. I will address some of them here, and I believe Paul Nolte will address the legal issues in a separate memo. 1. Mr. Sully states that there was a dump in the landslide area, and that this dump was shown on the plans submitted by the developer. He further states "There was no requirement in the conditions imposed by the Planning Commission to clean up the dump or protect it from erosion/mud slides." No conditions were attached to the approval regarding the dump because it was outside of the area proposed for disturbance by the development. No cutting or filling was proposed in the area of the dump, and given the rather benign cross- slopes of the area, little was expected to happen. While there was a slight swale in the hillside, no defined drainage channel existed indicating the presence of a water course. 2. Mr. Sully states in his letter "The owners (developers) of the property on which the slide originated knew 2 days before the slide occurred that there was a hazardous situation developing. They did not inform any of us (the victims) that there was a problem. They tried to take care of it themselves." My conversations with the owners (the Seitz's) indicates that they did not know the slope would fail until it actually started moving down the hillside. It does not appear that there is anything involved with the City regarding this issue. 3. Mr. Sully's letter refers to statements made during the 1990 initial hearings on the subdivision regarding slopes greater than 40%. It must be noted that no building envelopes were approved for slopes greater than 40%, and no development has taken place on slopes of greater than 40%. As stated earlier, all requirements of the approval have been followed as part of the development. 4. Mr. Sully states "If the Land Use Ordinance of the City of Ashland then in effect had been strictly observed, as it should have been, Mr. Hicks' report would have been unnecessary. There would be no trash dump debris in my back yard." The requirements of the land use ordinance were fully complied with as part of this application. No variances were granted, no slopes greater than 40% were disturbed. As stated in Mr. Hicks' report, "At this time it is not possible to definitely connect any recent construction activities to the initiation of this landslide." From discussions with Mr. Hicks about the report and the landslide, it appears that it originated above the "dump" area, and was the result of the many days of rains, combined with a severe storm event. These rains ultimately resulted in the failure of the slope which caused the debris flow. Had no development occurred on the property, it appears that this landslide would have C � occurred anyway due to the underlying geology and the subsurface water flows. However, had the street not been developed, it is likely that the debris flow would have headed directly downslope towards Mr. Sully's home, and done much more damage than occurred during the New Year's storm. 5. Mr. Sully states that the Seitz's must not be allowed to do any of the remedial work themselves. To date, their work has consisted of the installation of hay bales, some work on the shared fencing, and the cleaning up of smaller debris. The installation of the berm for downslope protection was done by a contractor, and further enhanced by the City's street crews. The Seitz's have been made aware of the seriousness of this situation by being presented with Mr. Hicks' report. Further, they have had the site reviewed by the project engineer, Dale Hofer, as well as their street contractor. The Seitz's will be submitting a recovery plan for the slide area, and will be having competent contractors doing the work during the drier season. 6. Liability Issues -- see Paul Nolte's memo. 7. Mr. Sully has provided a proposal regarding a permanent improvement to the street to protect downhill properties. There is currently a berm in place (as per Mr. Hicks' recommendation) and I would recommend that we wait for further geologic and engineering analysis, in conjunction with Public Works, before deciding on a permanent course of action. CONCLUSION It appears that the landslide which occurred on Lantern Hill was the result of an unusual storm event, and that the area of the landslide was not part of the developed area of the subdivision. The cut and fill slopes associated with the subdivision development have all remained in tact. The Seitz's have committed to the ultimate stabilization of the landslide area, and are preparing a plan to carry out the necessary work. The City will continue to monitor the area for any changes. My name is John Sully. I live at 365 Granite Street, Ashland Oregon. I request that the following report and statements be made a part of the public record. I. Engineering Geologic Report, Debris Landslide At Lantern Hill Development; prepared by B. G. Hicks, consulting Engineering Geologist, dated January 8,1997. PLEASE NOTE: The map attached treport is substantially arrows in of the ms error. I have attached a correct copy p indicating the direction of flow of the debris landslide. The debris in the title of his report refers to the material from an old trash dump dating back to the late 1800's/early1900's, including rusty cans, broken bottles, waste petroleum products, tires, car/truck, farm equipment parts and worse trash that were scoured out of the hillside. The dump is shown on the correct copy of the map of the subdivision. It also was shown on all of the subdivision maps originally submitted by the developer to the Planning Commission. There was no requirement in the conditions imposed by the Planning Commission to clean up the dump or protect it from erosion/mud slides. The owners(developers) of the property on which the slide originated knew 2 days before the slide occurred that there was a hazardous situation developing. They did not inform any of us (the victims) that there was a problem. They tried to take care of it themselves. II. The following statement, dated 7/2/90, was made to the Planning Commission concerning Planning Action 90-057 (Diane's Hill Development, aka Lantern Hill Development): 1 Section 18.62.050 of the Land Use Ordinance, Land Use Classifications States: Paragraph C: Erosive and Slope Failure Land" The following lands are classified as Erosive and Slope Failure lands : I- all areas defined as erosive and slope failure lands on the physical constraints map and which have a slope of 40% or greater. Paragraph E: Severe Constraints Lands - Lands with severe development characteristics which generally limit normal development. The following lands are classified as Severe Constraints Lands: 2. All lands with a slope greater than 50%. Tax Lot 900 (Lantern Hill Development) falls under both Classifications. Statement Dated 8/15/90 and received by Donna O'Conner at 9:25 on that day and presented to the Ashland City Council: Paragraph 3. The Outline Plan violates section 18.88.090, Performance Standards Guidelines, Site Selection and Site Analysis, paragraph 2, line 2: "Because of highly erodible soils, units should not be sited on slopes which are greater than 40% ...". On a number of the proposed building envelopes the slope exceeds 40%. No variance was asked for and none was granted. III. If the Land Use Ordinance of the City of Ashland then in effect had been strictly observed, as it should have been, Mr. Hicks' report would have been unnecessary. There would be no trash dump debris in my back yard. IV. The owners of the property, Gary and Diane Seitz, must not be allowed to attempt to "take care" of the problem themselves. They are not equipped to do so. They are, apparently, unable to comprehend the serious threat to property and human safety and the intent and meaning of Mr. Hicks' report. 2 We want any actions that are undertaken to be carried out by professionals that know what they are doing. The Seitz' house was not damaged or covered with mud. It is our property that will be damaged and safety that will be threatened if the work is not done correctly. V. The City of Ashland is liable for the health and safety of its citizens and its citizens' property where the actions of the City has put them in jeopardy. The actions by the Planning? Commission and the City Council have put some property owners on Granite Street in jeopardy. Lantern Hill Drive is a City Street. We request some immediate formal action be taken by the Ashland City Council to remedy the situation and make the property owners whole including but not limited to measures to guarantee that this will not happen again We believe that the City of Ashland's Liability Insurance should cover all the property owners' costs. 3 Proposal Lantern Hill Drive now has an earthen berm extending down from the mud slide to Granite Street as recommended by B. G. Hicks. It is recommended that this berm be removed and that it be replaced with precast concrete highway barriers. These would be placed along the downhill side of the cul-de-sac and street from the Seitz driveway to Granite Street. This action would have two effects. The first would be to reduce the possibility of further erosion on the downhill slopes and deposition of debris on the downhill properties. The second effect would be to reduce the possible impact of further mud slides threatening the down hill properties and requiring evacuation of the residents. Finally, the solution would be a permanent inexpensive solution to the problem of protection of the down hill properties. It is not offered as a substitute for the long term correction of the up hill problem, i.e. prevention of further landslides as a result of soil saturation and drenching rain storms. 4 B.G. HICKS CONSULTING ENGINEERING GEOLOGIST 190 VISTA STREET ASHLAND; OR 975_0 PHONE: 541-482-8451 FAX:, 541-482-8638 TO: City of Ashland January 8, 1997 Planning Division Att'n.: Bill Molnar Dan McLeary-Building Division Mark Knox - Planning Division ENGINEERING GEOLOGIC REPORT , DEBRIS LANDSLIDE AT THE LANTERN HILLS DEVELOPMENT INTERIM HAZARD MITIGATION AND PRELIMINARY RECOMMENDATIONS INTRODUCTION The following report contains the engineering geologic recommendations covering the items requested and additional important statements developed by my inspection of the Lantern Hills Development debris landslide of January 2 (?), 1997. During the inspection on January 7, 1997 I was accompanied by Dan McLeary, Building Division and Mark Knox, Planning Division. This field inspection consisted of a visit to the "toe" area of landslide (below LOT 3 - see attached map), a hike up the south side,of the debris "path" through the head of the slide to the TID canal/pipeline. My return to the newly paved road at the "toe" area was down (and above) the north side of the gorge created by the debris slide. The chain link fence (F-I to F-2 on map) below LOTS 5 and 6 was visually inspected as well as the new fill below the paved access road (above LOTS 5 and 6). We also walked downslope on the paved road to about the location(end) shown on the map. ENGINEERING GEOLOGIC NOTES The debris landslide occurred in this topographic draw as a result of saturation of the fine- grained granitic 'soil'. At this time it is not possible to definitely connect any recent construction activities to the initiation of this landslide.The condition of the ground below the TID pipeline (and above the head of the landslide-- see map) is also not known. However the fact that the TID water was placed in a pipeline for+/- 100 feet above the 'head' indicates that TID had also experienced problems here in the past. (The terrain above the 'head' also has the characteristics which indicate landslides have occurred there.) It should be noted that an old (small) debfis landslide scarp was observed southwesterly from the'head', but could not be shown on the map. If reactivation at this scarp occurs -1- material from this area could possible affect LOT T. The d�Q19pSL5Jiculd be inl n -j)[ this�ilttatiuL The terrain above LOTS 1, '_, and 3 was not inspected for the potential of debris landslides however I estimate the overall hazard ratmL for this terrain to be "medium"; and that the risk of failure is serious. Nov that this slope area has experienced a failure it is recommended that mapping/inspections exploration be completed above the proposed house sites-- see map. CURRENT MITIGATION NOTES Following are notes indicating the immediate steps to be taken at this location: [Important qualifying statements are found below this first group of notes.1 1. To divert slurry/water: Construct a 2 to 3 foot high berm on outer edge of road from the outlet of the debris slide channel [see (G) on map] to the westerly turn down to Granite Street. (see map-- Line of"B's" = the berm.) The higher berm will probably 'fit' better in the upper area with the lower berm used downslope. The slide material stockpiled on the fill can be used for this berm; berm side slopes should be +/- 35 degrees (the stable slope angle of this material). 2A. For a 'second line of defense'-- in the event a massive 'slug' of material discharges from the slide and overtops the berm : Place woven filter fabric on the uphill side of the existing chain link fence (see F-1 to F-2 on map). The fabric should be buried +/- 6 inches into the granitic material that was previously deposited against the chain link fence. The most suitable filter fabric is Mirafi #40/30A(20 1"0 open area) or equivalent. Amoco # 1195 filter fabric is also acceptable. Do not use a nonwoven fabric I can supply additional fabric details when requested. IN ADDITION: Place steel pipe supports downslope behind every other steel fence post. Place these 2 inch diameter pipes at 45 degrees(from horizontal) to contact the vertical post up at 2/3 of the height of the vertical post. Special fittings will be required to attach the support pipe to the post and to insure load transference. 2B. The 'wood fence' in place from about F-2 to F-3 (see map) is not adequate to support sediment load therefore to increase the safety of 'HOUSE (2)' (see map), additional chain link fence should be installed in this area. Follow the notes and steps in 2A, above re. fabric and support. 3. At this time do not plan to cut through the 'nose' of natural ground at (H) to redirect the slurry and water to the road. This may become necessary later. 4. Stabilization of the head of the debris landslide to stop additional upslope expansion of the landslide is believed feasible later; after water tables have dropped; and the slopes have drained; and the risk of intense prolonged rainfall has decreased. At present the risk of 'bank' failure into the gorge created by the landslide is very high and working in the gorge is very unsafe. Treatment of the sides of the gorge and control of the water in the gorge must wait until additional data is available. -2 Vo No �S Colo/"I uawf i �� vG 7/L Llc h,� ' cis- : be LOT .� �, l C�rrYe D_n_/ \ pp colllmd s�—a� LOT2 8 cr Lo-r 6a5 Az 7�y 8� I-or , JJ , tR' -�OC7L , - ,( " n '1 LOT 2 { i s �, 1 UNDSCAi\E BUFFER ZONE LOT 3 t V :::' �'h:.�_ra_` :��-.r.:.. . ::a.::.yf.: .,.. . .`.'' ' •: . .:.>Sccic� i.t:,:;=_50'. ���` ayj!`'ah .. .. F' S'+T. •:. �'v� ��+^r is,. �-.•�- '^ liter*Y� .Stwti.r 5�?��ercYf.4£. °�r�{'r7'� ,Q t'tt�M1'.2^;�zGly�:K:..h�-T�st•�•.1.- ` o r a ___. .._...— :. . fw. � . t M1. �tvrt�r�_+ ..•ems � ... _ a. . . . CITY OF ASHLAND °"°°" Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM ''a°REGO�,• ° Paul Nolte, City Attorney Sharlene P. Stephens, Legal Assistant DATE: January 31, 1997 TO: Mayor and City Council FROM: Paul Nolte RE: John Sully Letter/Lantern Hill Development I have reviewed the letter presented to the city council at its meeting on January 21, 1997, regarding the landslide in the 5-lot subdivision on Lantern Hill Drive. Simultaneously with this memorandum, John McLaughlin has submitted to you his memorandum in response to Mr. Sully's letter. Mr. Sully has requested immediate formal action to make the property owners whole suggesting that the city's insurance will cover costs. There is nothing in the history of this development including the approvals granted by the city that would impose any liability on the city for this natural calamity. The city has made no negligent approvals nor has it negligently issued any permits. Nevertheless, Mr. Sully's letter will be submitted to the city's insurance carrier for appropriate handling under the insurance policy. (p:daily\cn-sully.mem) r pll40M lll, CITY OF ASHLAND {°F AS Office of the City Attorney (541) 488-5350 s 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax OREGO l� MEMORANDUM " Paul Nolte, MY Attorney Sharlene P. Stephens, Legal Assistant DATE: January 31, 1997 TO: Mayor and City Council FROM: Paul Nolte RE: Ashland Street Trees and ADA Complaint Against the City I spoke with Kirk Flagg, Senior Trial Attorney for the Disability Rights Section, U.S. Department of Justice, regarding his letter to the City detailing the complaint against the city for failure to take action with respect to the Ashland Street sidewalks. He advised that the complaint had been filed over a year ago but because of the backlog of complaints the Department of Justice was just beginning its investigation. I advised Flagg that the council has considered a three-year plan to fix the sidewalks, but the timetable had been delayed over a debate as to how to save as many trees as possible. He advised me that if the sidewalks were fixed within a three-year period in accordance with an adopted schedule with significant repairs in each of those three years, then the Department of Justice would most likely take no further action. I am to advise him in writing as to the adopted plan and timetable. When I spoke with Flagg, I had in mind the August 1996 plan and timetable proposed by Jim Olson, Assistant City Engineer. I believe that plan will satisfy the Department of Justice. I do not believe the recommendations submitted by the committee appointed by the council on November 5, 1996, will satisfy the Department of Justice for the following reasons: the repaired portions is the sidewalk comply cwith the ADAmendations do not require that 2. There is no specific timetable for compliance. The recommendations suggest a public process be initiated resulting in "the implementation of the ultimate Ashland Street plan within three years." I am not comfortable representing to the Department of Memo to Mayor and Council January 31, 1997 Paae 2 Justice that this process will result in a specific timetable being adopted in a timely manner specifying when the sidewalks will be repaired or reconstructed. Direction is needed from the council as to what plan should be reported to the Department of Justice for compliance with the ADA. It is my recommendation that the council adopt the plan previously submitted by Jim Olson as I think the Department will accept that plan. Ip:dai1y\cn-eidew.meml r ORDINANCE NO. AN ORDINANCE EXPANDING THE SEASON FOR OUTDOOR BURNING BY AMENDING SECTION 10.30.020 OF THE ASHLAND MUNICIPAL CODE. ANNOTATED TO SHOW DELETIONS AND ADDITIONS TO TAN ORDINANCE ADD ADDITIONS ARE SHADED. N JANUARY 21, 1997. DELETIONS ARE >1WEB � THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.30.020 of the Ashland Municipal Code is amended to read: 10 30 020 Period When Outdoor Bur nino is Authorized. After a permit is obtained from the Fire Chief, outdoor fires are authorized as follows: A. From March 1, 997,. through October 31, 4 excluding fire season, when the ventilation index is over 400 and fire fuel conditions are conducive to burning. xn � 'Ctrs caunc�µrnaY ar:rthornze,�itdoar�rss between Maroh,�� arsd October 31 of �Year aitr~r' X997,�xc��9 f�'e season, why theYuf�ntnfattc>r'a �deac as a?iar 4ft(#end ftTea fsret�icf�i(artg�ar>�„ct�raduc�ue to i3urtung �y��d��. resWuf�a€nn to that effect 3z3" ek3rttarY of tfne year far whrch h trsirec+ e�`uthorazed An auttmrrzatiori by resrs�uhon nndsr xhr�,fzt3bstrcin st7�tt be yattcl for na mare than ane year: +t a? 2 �xoept;as prc��,deci in subseetran �� of this seotlt = a� fiber 31, 1997, outdoor fires er'n=a�utharr�erf eeofa year ag1�t�ut'Iw� A#��t, May;. end �9�#>fTTi�ter'f5#0 I�ta�18r'15,8XC�LiS�n(��TEi SSt3r'r, i�fBIT��38 V�ntr�>�ti��1t3 Gdeat ns Aver 400 Brad fre fuel conditions Sire Oalad�tGr to latrrrr>it�g'The �nre Gh�af shalt have ttre autticarity tis extsrxl ttas tiates'#��ae outdoor fires Caeyorad prober�f�, but Trot beyand �oven�ber 1;far an31 y��r In whtc;f» fire;�nc�faans do neat aitowr burning durrcg scams.or�alt of the,peg©d between�pterrataer�Ir�o [?ctober �s? B. Outdoor fires are permitted on any day of the year the ventilation index is over 400 if fire fuel conditions are conducive to burning and the outdoor fire is for the purpose of burning a structure or other use of fire for training purposes by the Fire Department or under supervision of the Fire Department; C. Religious fires are permitted on any day of the year after notice of the specific date to the Fire Chief and provided that all safety precautions required by the Fire Chief are met. PAGE 1-ANNOTATED ORDINANCE iP:wdi.P."-="i D. Campfires in areas designated by the Park Commission are permitted in Lithia Park on any day of the year except during periods of extreme fire danger. The Fire Chief shall annually report to the council in January of each year the outdoor fires regulated under this section and any recommendations the Chief may have regarding such fires or this section. The council shall consider the report at its first meeting in February. The foregoing ordinance was first READ on the day of 1997, and duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 2-ANNOTATED ORDINANCE 1o:«mopw-.3...) ORDINANCE NO. AN ORDINANCE ADOPTING A NEW TRANSPORTATION ELEMENT OF THE ASHLAND COMPREHENSIVE PLAN AND REPEALING THE EXISTING TRANSPORTATION ELEMENT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter X of the Ashland Comprehensive Plan, "Transportation;' shall be replaced in its entirety by the revised chapter attached as "Exhibit A." The foregoing ordinance was first READ by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1997, and duly PASSED and ADOPTED this day of 11997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11997. Catherine M. Golden, Mayor A oved as f aul Nolte, City Attorney RESOLUTION NO. 97- A RESOLUTION PROHIBITING WATER CONNECTIONS OUTSIDE THE CITY LIMITS ANNOTATED TO SHOW DELETIONS AND ADDITIONS TO THE RESOLUTION PRESENTED AT THE JANUARY 21, 1997, COUNCIL MEETING. DELETIONS ARE 64NEB TIdR9H6Fl AND ADDITIONS ARE THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. No premises located outside the City of Ashland may be connected to the city water system except as provided in the following section. SECTION 2. Premises outside the city may be connected to the city water system only as follows: A. Connections authorized by the council prior to the date of this resolution. B. Connections authorized by resolution of the council after notice and public hearing where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. A x 3. the faitet water Systemannat faty be replr�dsr frrcvd. (There is no other feasible source of water for the premises. 4. An Ashland water main or line exists within 100 feet of the premises. CIIB corirsec#I£5r11S.tE1 pretrxses Wffin the C}t3`S urf .geE}wit SECTION 3. Connections authorized under section 2 of this resolution shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee and the systems development charges established by the City. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be PAGE 1-RESOLUTION (P:wdlwatrconn.ano) recorded by the City and binding on future owners of the premises Th consent tv C1tiMA10 i /)iSO�COCit&it6a17 irEYQCElbIB C�C(UBSt#4fptf YChttfg �t the tI.rT1C rrnexahy �s,�ee�ied The cost of recording the deed shall be paid by the property owner. D. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden; Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION (p:ordlwe rconn.ano) First United Methodist Church of Ashland 175 North Main Street, Ashland, Oregon 97520 • 541-482-3647 Pastor Michael D. Powell i ( f aj January 23, 1997 �J To the City of Ashland: The Administrative Council of the First United Methodist Church of Ashland wishes to commend the Ashland City staff and workers ,. including the police and fire departments , for the tremendous efforts put forth during the recent floods . The time (and all the extra time) and unstinting effort given to the people of our city and valley should be hailed as extraordinary. The good spirit and love shown have helped the people through what was for many a time of trial and loss . Thanks are given for the heroics , but also for the steady, hour by hour support and guidance given to a people who were in situations all the way from inconvenience to devastation. As Christians we have learned (we hope) lessons of self- giving and sharing. We have witnessed the same self-giving and sharing from our city . Some of us have helped with the .physical work, and each of us hopes to share in the days ahead with our time and talents and our gifts . By your unstinting efforts , you have given fresh luster to the perception of Ashland as a very special place. In gratitude, Bob Blair, Chairman Administrative Council plp City of\1 shland `� �`'= City Hall City Recorder's Office 20 E.Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311(f=) January 27, 1997 TO: Mayor and Council FROM: h(/ Barbara Christensen, City Recorder/Treasurer SUBJECT: V Liquor License Application Application has been received from Patricia A. Groth for a LIQUOR license for an ESTABLISHMENT, Morning Glory at 1149 Siskiyou Blvd. , Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. | February ], 1997 / Mr. Brian &lmgoiot !�\���r,�7`��� City Administrator City Hall 20 East Main Street Ashland, OR 97520 ^~-'~^`—`—```—^^^'—'--- Appeal #96-094 Westwood ��eigbbnr5 Mr- &lmguint: Regarding Request for Outline Plan approval � subdivision under the Performance Standard or a seven lot 25 Westwood Street, Please be advised t « OPti»o located at�e public hearing e Portion of the review was closed at tb meeting by Mayor Golden, December l7, 1996 Deliberations, etc^ by staff only in permitted at tb February 4, 1997 meeting. - e No additions nor testimony from ntbezn are allowed at tb ^ ^b l ` "��� �' 997 meeting. e & copy of the Agenda for the Regular M ti 0»uocil, February g, 1997 does not ee o�}' Ashland City of hearing when Postmarked January constitute proper notice the undersigned on lrebroa 1onary 3� ' l097^ and received b}, zy ' l997^ Notice of Public Hearing submitted l � Barbara Christensen,City Recorder, 0o, 019712/ published January 25' 1997 in the be&sblaod DailyTidiog further states, "at such Public Hearing,aul person is entitled to be heard, unless the public beaziug Portion of the review has been closed during a previous meetiug, , Respectfully Submitted, Dazlyo �6ama Westwood Neighbors 189 Westwood Street Ashland, OR 97520 6 1 RESOLUTION NO. 97- A RESOLUTION PROHIBITING WATER CONNECTIONS OUTSIDE THE CITY LIMITS THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. No premises located outside the City of Ashland may be connected to the city water system except as provided in the following section. SECTION 2. Premises outside the city may be connected to the city water system only as follows: A. Connections authorized by the council prior to the date of this resolution. B. Connections authorized by resolution of the council after notice and public hearing where the council finds: 1. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. 3. There is no other feasible source of water for the premises. 4. An Ashland water main or line exists within 100 feet of the premises. SECTION 3. Connections authorized under section 2 of this resolution shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee and the systems development charges established by the City. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. C. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording the deed shall be paid by the property owner. D. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure PAGE 1-RESOLUTION (p:ord\werconn.rw) to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION (P:ord\watrconn.rw) F0R- Covr.(C � L MPe—tmC- Z-) f 97 Ir5 TO MRyoa-/ DM IM% fT-V?-rATOVL 6f� r`egrets97 AL (- COL)MCIL M � W� gef2s. I must, in all fairness to both officials whom I am asking to step down from their positions of leadership, express my regrets that this time has come. Both have served long and well in the interests of Ashland, but there comes a time when in the natural course of political life, that an official in power loses touch with the people who put him there, and becomes entrenched . Here these two, one much more than the other , see their job become much easier to carryout without public input, are deluded into thinking they know much better than the electors what is good for them. This part of the process leads to isolation, disregard for , what they might believe is "petty pevishness" on the part of the electorate. Entrenchment, arrogant isolation may lead , and in this case , has led to abusive power and control of a community. I believe this time has arrived for both of these officials . The mayor apparently perceived this , when in February of 96, she indicated she would not seek re-election . The Administrator, after receiving his award for 25 years of service, apparently _ did not, and became even more entrenched , so that he was unable to leave "a job well done" . In a sense, he was captive to the power and benefits that it yielded him. I personally' held a conference with him in March or so in 96, at which time I posed the possibility and advantages of letting "new blood" take the reins . He could not. Now, considering all I ' ve said about this "natural political process" comes the time , when we, the citizens of Ashland must assert our needs to end this dynasty in the interests of assessing the past and starting in a direction that will correct some. of the " fat" accumulated in both numbers of service employees, and cut the costs of government to favor those of us who cannot afford the heady spending of this Administrator . Thank you, Ashland . 2/4/97 . Joe Eckhardt , 108 Bush St. 02 ( 61) NC1L MEET, N6- 1 2'N )-q7 , COT Le To P,9MItN(r-TRAi-o 2-, MA`fo(E- P- ALL COUryC ! L- MC- M0 Ie S To City Council,Mayor and City Administrator: 2/4/97 I am calling for an interim evaluation of the City Administrator' s performance in dealing with the flood of January 1997 . From the resultss of this evaluation I would expect the council and Mayor to determine if the Administrator 's actions merit his continuance as City Administrator. A natural disaster is an act of God; A failure on the part of the Administrator to allow appointed staff to function in their area of expertise, and substitute the Administrator' s judgement for that of a professionally trained engineer and hydroligist is a tragic FIASCO! The results of this blundering action , approved by the mayor, resulted in tragic loss of property and owners of businesses in the Plaza . The Mayor selected from several applicants Susan Wilson Broadus as City Public Works Director. She then concurred with the Administrator ' s seriously flawed decision to ban her from applying her skills which might have averted the magnitude of destruction of the flood of the plaza, and even possibly , averted much of the destruction that took place on the plaza. The losses in terms of mental anguish and actual dollars to the merchants, was staggering, and as yet not accurately determined. From information of some of those at the scene of this disaster on Dec . 30 , it is reported that the City Public Works Director, Susan Wilson Broadus, made several recomendations to the Administrator, including the removal of a deck that topped the culvert of the creek. The Adminristrator, it is reported by reliable eye wittness , refused to allow her to do so, and ordered her from further Plaza management of the flood waters . She was ordered to tend to the water treatment plant. (He later , Jan. 3 or 4 , recognized that the flooding was continuing and asked her help in stemming the flood. ). Meanwhile, the mayor placed the Public Works director on Administrative leave, for reasons as yet not known by either the public or some councilors . I consider this blundering, if not illegal usurpation of this employee ' s civil rights ( when not facing her with the causes of her suspension) a demonstration of the worst form of leadership on the part of both Mayor and Administrator. I call upon the Mayor , Administrator, and Council to conduct an hour by hour review of all actions taken, both verbal and written orders during this crisis by the Administrator. Then I would expect a written report from an independent reviewer of the report, which should then determine cupability of both mayor and Administrator. This report may be retained within the council, but the actions taken, would of course be in the public domain. Submitted 2/4/97 Joe Eckhardt, Ashland. VU 1 C 0 P y r U R M N wy z hF � lV[ R� p TO i Oft MayorResig97 �VNLIL. VAAe'CTINI G- Z-I Ll- 1_q -7 Call for Resignation of Mayor Golden: This C$..'l.L for your resignation at this time, 2/3/97 , pending assumption of your office responsibilities by the Presiding Officer of the City Council is based on a longitudinal experience over several years with your increasing arrogance, lack of respect for citizen testimony, and pattern of rushing through important civic decisions, manipulation of rules of conduct of meetings , and a general attitude of superiority toward citizens . Your history in political races, your tactics of personal attacks on your opponents , or those whom you single out to dismiss( among whom have been many conscientious citizen contributors )f°L-itizen participation on commissions , leaves much to be desired of an executive officer of the city. I question your truthfulness, integrity in management of important issues, and your biases to favor. City Administration over your council and your own opinion. You do not seem qualified to make hard decisions , in the face of overriding Administrative advice. There is the appearance of abandoning Charter powers that you and the council alone are empowered to make for the good of the citizens, and in protection of the economy of operation of this city. Instead , it seems appointed City Administrator appears , to dictate his wishes, regarding priorities of expenditures of city funds, and you follow his lead rather than protecting city funds and considering the burden of taxes on citizens of Ashland . Most recently, you demonstrated extremely poor judgement and failure to trust your own appointed and highly qualified Public Works Director, and yielded to the Administrator, allowing your Public Works Director. to be sidelined, while the Administrator bungled the handling of the flood crisis, and placed the city in extreme financial jeppody, due to his untrained and faulty judgement in handling the flood disaster . To compound your inept management of this crisis, you made excuses, deflected your poor response to the crisis by blaming the Public Works director for Un5 TATS JpYJ (Jef t V1 Cll? S - This failure in leadership, ano covering your mistakes with excuses is unacceptable to the citizens.The cost in mental anguish and lack of confidence that the victims of your poor management suffer, is unacceptable and far beneath the level of leadership that would be expected from a Mayor . Therefore, I request your immediate resignation, to allow for choosing your replacement by local election. Respectfully Submitted : 2/3/97 , Joew Eckhardt 108 Bush St. Ashland OR 97520 '97-02-04 18: 12 5415354108 _ - P.001 Takni 104 VALLEY VIEW AVE. v P.O. BO% X67 AREA CODE 503 - 57516J9 TALENT,OREGON 07540 City of Ashland Dear City of Ashland, TID's negotiations with the City of Ashland is for the good of the community. The presence or absence of one of the personalities does not affect the direction of the discussions. These issues have been in discussion for several years. '. I don't anticipate the change of personnel. to change the fact that the City of Ashland and the Talent Irrigation District are in negotiations. sincere Hollis Cannon Manager