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1999-1102 Council PACKET
4 Yp .', rh .kr `e53riTva'4.8 � kpif 49t Ydiv �n� � " ,a: r �.3x uu Imoortant� Any citizen attending)councrlrmeetmgs'mayi+sped on any item on the aenda, unless it�is the=subject of a pubUc heanrig which has been dosed. If you wishto speak, - please fill out=tfie Speaker Request form located near the entrance to the Council Chambers. Tlelchair 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 FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 2, 1999 Civic Center Council Chambers, 1175 E. Main Street I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL: III. APPROVAL OF MINUTES: Regular meeting minutes of October 19, 1999 and Executive Session Minutes of October 19, 1999. IV. SPECIAL PRESENTATIONS ✓li AWARDS: 1. Mayor's Proclamation of"Recycling Awareness Week." 2. Mayor's Proclamation of"A Celebration of 100 years of Medford and Ashland Football". V. CONSENT AGENDA: 1. 'Minutes of Boards, Commissions and Committees. 2. Approval of a Street Cut on Park Street to install sewer and water facilities. 3. Second reading by title only of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." 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. Public Hearing and Motion regarding Appeal of Planning Commission decision: Planning Action 99-062 - request for Site Review Permit for the construction of six apartment units (three duplexes) located on Van Ness Street between Helman and Laurel Streets (Applicant: Dave Green). VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII. UNFINISHED BUSINESS: (None) Council Meeting Pkt. CITY RECORDER'S OFFICE IX. NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Application for Taxicab Certification. 3. Presentation by Oregon Shakespeare Festival regarding new theater project. X. ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. Reading by title only of"A Resolution accepting Transfer of a portion of Tolman Creek Road from Jackson County to the City of Ashland." 2. Reading by title only of"A Resolution Exempting from Competitive Bidding Equipment Purchases through the National Cable Television Cooperative for the Ashland Fiber Network Cable Television System." 3. Reading by title only of"A Resolution Amending 93-35 by Deleting Advertising Contracts as an Exemption from Competitive Bidding,"and reading by title only of"A Resolution Amending Resolution 93-35 by Defining Advertising Contracts." 4. Reading by title only of"A Resolution requesting that the United States Government ensure that certain provisions be included in the Multilateral Agreement on Investments (MAI)Agreement if it is to be ratified by the United States." 5. Reading by title only of"A Resolution establishing a Training, Travel and Business Expenses Reimbursement Policy for the Mayor and City Council." XI. OTHER BUSINESS FROM COUNCIL MEMBERS: Xli. ADJOURNMENT: REMINDER Study Session on Wednesday, November 3 at noon in coun6iVchambers. Topics to include 11) Di§cussion of the Proposed'Central Ashland Bike path and,Greenway' extensions .and;2) Discussion of the.Locsl Improvement Distract(LID) proposals antl progress for FYl)0. Also: Council workshop on Monday, November 8; 1999 at 8:30 a.m. at Southern Oregon University, Room 305 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 19, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws,Reid, Hauck, Hanson, Wheeldon and Fine were present. APPROVAL OF MINUTES The minutes of the Regular meeting of October 5, 1999 were approved with amendment to page 4, paragraph 3, 2nd sentence should read:"Feels that anything that weakens the state of marriage is a bad idea and people of the same sex do not have this opportunity,but people of the opposite sex do have this opportunity."Executive Session Minutes of September 22, 1999 were approved as presented. SPECIAL PRESENTATIONS&AWARDS 1. Mayor's Presentation of a plaque for 30 years of service to Wes Eaton of Ashland Fire&Rescue. Mayor presented plaque and shared personal stories related to the career of Wes Eaton. 2. Presentation and update by the Traffic Safety Commission. Members were introduced as John Morrison,William Lambe,Jr.,George Fardelmann,Michael Savko,William Snell, and Thomas Heumann. Goals and objectives of the commission were explained and identified as dealing with traffic safety problems, and the development and implementation of safety programs. Noted 1999 accomplishments, explaining that 11 public meetings were held, and the commission also hosted a regional workshop on neighborhood traffic. Pointed out that informational items were placed in the utility billing insert,and the commission sponsored 7 "Safety Chicken"appearances,approved 19 traffic regulations,attended 6 workshops and seminars,prepared 6 traffic studies and 48 reports in response to citizens requests. Discussed some ongoing projects,including:crosswalk signage for school zones,the redesign of Siskiyou Blvd.,Lithia Way,E.Main&Gresham Intersection,Oak Street Traffic calming,utility billing inserts,traffic studies on A Street& Iowa Street and bikepath extension through the Railroad Park on A Street. Goals for the commission were listed as: Traffic Safety for Ashland,promoting educational opportunities,promoting community awareness and implementing safety features. 3. Mayor's Proclamation of Breast Cancer Awareness Month. Mayor read proclamation. Pointed out that Ashland Community Hospital and Community Health Center is holding special programs for breast cancer awareness month,including reduced cost mammography. 4. Mayor's Proclamation of Red Ribbon Week. Mayor read proclamation. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Financial Report for year ended June 30, 1999. 3. Second reading by title only of"An Ordinance adding section 11.48.040 to the Ashland Municipal Code authorizing certain employees of Southern Oregon University to issue Citations for Minor in Possession of Alcohol and for Unlawful Possession of Less than an Ounce of Marijuana." 4. Adoption of Findings of Planning Action 97-054,Strawberry Lane Subdivision. Councilors HauckfWheeldon WS to approve Ordinance#2849 and additional items of consent agenda. Roll Call Vote: Laws,Reid,Hauck,Hanson,Wheeldon and Fine,YES. Motion passed. PUBLIC HEARINGS (None) City Council Meeting 10/19/1999 Page 1 of 7 PUBLIC FORUM (None) UNFINISHED BUSINESS 1. Consideration of Design Alternatives for Hillah Temple. Assistant City Administrator Greg Scales presented council with recommendations that the City Council: 1)select a preferred alternative(Concept B,Site Scheme 2, Elevation Scheme I or III)and then based on this,direct staffto prepare a proposed financing program for consideration at future City Council Meeting;2)initiate the process for the re-zone of the property to Cl-D (Commercial Downtown); and 3) direct staff to coordinate with the Parks and Recreation Departmentto develop the restroom facility and recycle center in advance of the remodel of the Hillah(budgeted as part of the Calle Project). Explained that the last thing to happen will be a financing package for the project,and noted that this delay is due to the Finance Director's illness. Scoles explained that if the entryway into the building is at the comer,it focuses and narrows the entryway. Explained that this may not be as convenient for"one stop shopping", but architecturally it looks better. Stated that staff has voiced concern with having the entryway in the same area as the waste/recycling receptacles. Erik Navickas/711 Faith Av/Voiced his support with keeping city offices downtown in the Hillah Temple site. Concerned with design of proposed building and cited other areas that he has visited and the value of"adaptive reuse" buildings in various cities. Stated that the present architectural design's fagade is"plastic"and has not"grown"with the current building. Stated that buildings need"inner purity." Mayor Shaw noted that Navickas made some very good points. Stated that the current Hillah Temple lacked foresight when it was originally designed and built. Councilors Reid/Laws m/s to approve staff recommendation of Concept B,Site Scheme 2,Elevation Scheme I or III. Voice Vote: All AYES. Motion passed. Councilors Wheeldon/Hauckm/s to approve staff recommendation to initiate process to re-zone property to CI- D. Voice Vote: All AYES. Motion passed. Councilor Reid shared story regarding public restrooms and placement of these restrooms. Suggested that council consider locating public restrooms in a more central location. Need to step back and look at downtown area to determine the best placement for these restrooms,and what size they would need to be. Stated that if restrooms were smaller,the cost would be less, and more restrooms could be made available. Councilor Fine suggested that if Library Bond is approved,then restrooms might be available in that building. It was pointed out that the library hours arc limited. Council discussion on exploring the options and asking the Parks Department what expenses they incurred in their restroom projects. Scoles explained that a program would need to be given to architects to determine what could be done. Scoles emphasized that there is a need to work with Parks& Recreation Department to reach a solution that would best suit the community. Councilor Wheeldon would like some research done to help in planning for restroom facilities. Wheeldon stated that she was in favor of the city taking on financial responsibility for restroom facilities. Scoles explained that the restrooms have always been planned,and the question has been in what project they could be included,either the Calle Guanajuato remodel or the Hillah Temple. Either way,it would need to be budgeted correctly. Scoles clarified that staff will bring back a program that outlines possible approaches for restroom facilities. Councilors Reid/Hauck m/s to direct staff to explore alternatives for restroom/recycling facilities and bring back information to council. DISCUSSION:Wheeldon concerned with financing as part of the Calle project. Hanson stated that the restrooms are not included in the budget for the Calle project,or the Hillah Temple. Reid and Laws suggested that staff include funding options in the information brought back to council. Scoles explained that the Calle and the Hillah projects are linked,and suggested that the restroom financing could be addressed as the designs are further developed. Laws suggested sending an early warning to downtown business owners, to make them aware that that there may be some trade-offs involved with the restroom/recycling project in regards to parking. Suggested that the downtown parking committee might want to provide some feedback. Reid suggested that the parking lot redesign on Hargadine Street may be another option for restrooms that can be explored. Voice Vote: All AYES. Motion passed. City Council Meeting 10/19/1999 Page 2 of 2. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." Councilor Fine explained that the purpose of the ordinance is to keep the trust of the community,and that the ordinance arose out of recommendations of the Citizens' Budget Committee. Stated that the ordinance requires that the council identify a funding mechanism upon adopting a new project,initiative or policy. Emphasized that under the proposed ordinance,it will be stated to the fullest extent possible how a new project will be funded,including trade-offs that might be necessary. Noted that his explanatory memo relating to this ordinance provides further explanation,and addresses the mayor's concern that the ordinance would give staff to much power. Fine suggested that rather than giving power to staff, it would require the council to enter into dialog with the staff. Mayor Shaw voiced her reservationsand gave background information on past projects that have happened without any funding being initially identified. Explained that in her experience, an idea developed and with the help of the community, through dialog and public hearings, funding followed. Shaw emphasized that there were numerous examples of this occurring, including: water conservation,air quality, recycling,the recycling depot,the open space program,Oak Street traffic calming,the forest management plan,and various items within the community. Shaw stated that there was only one instance that she could remember where funding was identified prior to discussion of an idea. Stated that by having staff identify funding sources it gives them too much power over projects,and moves around an important process of dialog with the community. Reid suggestedthat this ordinance only formalizes what the council already does,and stated that it may not inhibit ideas being brought forth. Stated that this may be helpful,especially if used as guidance for budget committee members. Laws stated that in Shaw's examples, he believes there were discussions of funding options when the policies were made. Suggested that this ordinance merely requires identification of funding sources when a policy is adopted,and does not give staff the power suggested. Hauck agreed with Reid that the proposed ordinance only formalizes the process already in place. Noted that the only item he could think of where this process was not followed was the LID process. Wheeldon does not think that this ordinance is asking anything that the council is not already doing. Noted that she is concerned with the use of the word"priority"as it sets up council to undo something where the council has already made a commitment. Feels that a lot of collaborative work goes into projects,and she has respect for the amount of time spent on developing projects,and she does not like the idea of sabotaging work from one year to the next. Council discussion of removing the words"and priorities" from the proposed ordinance. Councilors Fine/Wheeldon m/s to approve first reading of an ordinance and place on agenda for second reading of ordinance with an amendment deleting the words "and priorities" from the ordinance. Roll call vote: Wheeldon,Reid,Hanson,Laws,Fine and Hauck,YES. Motion passed. 3. Reading by title only of"A Resolution Consenting to the Transfer of Control of Falcon Cable Systems Company II,L.P.,to Charter Communications Holding Company,LLC,with Conditions." Councilors Reid/Wheeldon m/s to approve Resolution#99-60. Roll call vote: Hanson,Fine,Wheeldon,Hauck, and Reid,YES; Laws was absent from the room. Motion passed. . 4. Request from Rara Avis Media Group regarding$5,000 start up funds for film festival. Representative Steven Wood,co-founder of the Southern Oregon Film Society,presented request to council. Introduced Neal Koontz,Interim Dean of Arts and Letters at Southern Oregon University. Noted narrow window of opportunity in setting up this film festival for the fall of 2000;and explained the work that has been done with Coming Attractions, as well as the City Administrator, Director of Community Development, and Chamber of Commerce, to turn the Ashland Independent Film Festival into a reality. Koontz read a letter from Southern Oregon University President Stephen Reno requesting approval of the grant request. Koontz noted his whole-hearted support for the request as well. Reid questioned if the grant being requested is a match of funds being provided by the University and Chamber of Commerce. Wood explained that the Chamber is underwritingtrip expenses for the film festival group from Taos,New Mexico to come to Ashland and provide detailed information on their experience in starting a successful film festival. Wood stated that this trip would cost roughly$3500. Wood also stated that no funding has been requested from the City Council Meeting 10/19/1999 Page 3 of 7 University. Reid explained that there is a matrix in place for requesting funding through the budget process. Wood .a explained that he is aware of the process, but stated that the timeline would not allow them to meet the target date to create a film festival for the year 2000. Stated that they have not filled out the forms for that reason. Wood explained for Shaw that SOU may be used for funding,but stated that they felt that the city may allow for funding sooner. Shaw recognized that finding broad-based funding is difficult for a start-up endeavor,but explained that it is helpful for council to know that others are sharing the load. Laws stated that the impact of the proposed festival may be very significant and suggested that public input should be allowed before the request can be approved. Feels that a more extensive public review should take place first,even if it necessitates postponing the festival until 2001. Wheeldon commented on the continued activity in the community during the month of October,and questioned possible conflicts with the Elizabethan season for the Oregon Shakespeare Festival. Wheeldon questioned whether November wouldn't be a better time, given the level of crowding and traffic in early October. Wood noted that the October timeframe was important to prevent conflict with other film festivals, to allow for the possibility for major films to premier in Ashland. Reid voiced support for the Film Festival,but agreed with council concerns and the necessity of public process. Wheeldon requested staff to find out what amount budgeted for Cultural Development has not been expended and suggested that the request be submitted with the proper forms for submission to council to consider the allocation of available Cultural Development dollars. Hauck concurred,and noted that the council might choose to find additional funding beyond that still available as Cultural Development. Cate Hartzell/Budget Committee chairperson/Stated the frustrations and difficulty that the budget committee faces when determining funding allocations for Cultural Development. Explained that the Film and Video Association was allocated a small amount of funding and was encouraged to follow the process in the future. Asked that this pot of money not be reopened Without making it available to the Film and Video Association as well. Reminded council of the large amount of money that the Chamber has available to promote Ashland,granted by the city each year. Urged the council to remember the other organizations who came before the budget committee and spent a lot of time in the process. Reid requested that staff find out what amount of money was directed to the Chamber and Oregon Shakespeare for promotion of the city. Laws explained that an annual report is submitted to the city by the Chamber on how these monies are used. Fine expressed his support for Hartzell's position that it would be unfair to other groups if this one group were allowed to circumvent the integrity of the process so the festival could begin one year earlier. Shaw noted this proposal is significantly different from that of the Film and Video Association mentioned by Hartzell, and suggested that the grant award may have been different for this proposal. Ask that dialog be kept open. Councilors Fine/Laws m/s to refer the matter to the Budget Committee for the next budget cycle. Roll call vote: Laws,Reid,Hanson,Fine,YES;Hauck and Wheeldon,NO. Motion passed 4-2. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Scoles noted that there would study session at noon on October 20. Reid questioned what would be covered in the study session looking at the Oregon Shakespeare Festival's(OSF)new theater plan. Scoles stated that he was not certain what OSF would be presenting as he had not yet received materials on this matter. Fine noted that he had been in discussion with City Attorney Paul Nolte about possible amendments to Resolution#93- 35 concerning public bidding requirements,and specifically about precluding the advertising exemption from applying to items other than purchasing advertising. Requested that Scoles place this item on a future agenda for council discussion and action. Nolte confirmed that technical language could be ready by the next meeting. City Council Meeting 10/1911999 Page 4 of 7 Wheeldon requested that there be background material and discussion before a draft ordinance is prepared. Scoles noted that there would be no problem placing this on the agenda,and staff would need to prepare a report for council along with draft wording. Council discussion about parliamentary procedure for placing items on the agenda. 2. Motion to approve the Calle Guanajuato Master Plan. Councilors Reid/Wheeldon m/s to approve the master plan. DISCUSSION: Hanson stated he felt the plan was not yet ready for approval. Fine pointed out that the Parks & Recreation Commission vote referring this to Council for approval was 3-2 and asked Laws(as liaison) for some background. Laws noted that Commissioner Eggers was opposed to the process,and that Commissioner Landt was opposed as there were infringements into the existing streambed. Laws stated that Landt also took issue with the consultants intensifying development on the west side of the creek when they had been asked to minimize uses here. Parks&Recreation Commission Chairperson JoAnne Eggers clarified that the vote at the study session was 4-1 to send this item to council. Explained that the issue at last night's meeting was whether the Parks Director should be directed to contract for Phase II,which was referred to council by a 3-2 vote. Eggers emphasized that if council accepts the master plan,the Parks Director can go ahead and contract with the consultants for Phase II. Shaw emphasized that the majority of the Parks Commissioners wanted to continue with CMG as consultants. Fine questioned where the$600,000 in addition to the$1 million budget will be found. Shaw stated that her understanding was that the project could be done incrementally,as funds are available. Fine expressed concern that the plaza business owners are the most directly benetitted. Fine suggested that at least a portion of the $600,000 be somehow sought from the business owners on the plaza who would benefit. Reid stated that this was outside the scope of the motion and discussion here,and called for a vote on the motion. Hanson stated that this would be a nice,new park,but emphasized that it is not a restoration but rather a major remodel. Hanson stated that this plan is 50-90% over the available budget and stated that he shares Fines concerns about where funding will be found. Laws stated that the money issue needs to be discussed here. Noted that the$175,000 in Phase II planning to be contracted is aimed at a design for this$1.56 million restoration,and if there is a possibility of scaling back the design it should be decided here before Phase II planning begins. Emphasized that adoption of the master plan is a commitment to the whole project,and there needs to be some idea about where funding can be found. Stated that this is not up to the Parks Commission,it is part of the city budget process. Shaw concurred with Hanson that this is more than a restoration, it is a remodel, but suggested that it would hopefully prevent damage from future floods. Hanson stated that council had asked that the design be such that it would accommodate a one hundred year flood event,and questioned why the design here would have difficulty with even a twenty five-year flood. Shaw stated that active measures would be necessary. Discussion of procedure,and whether a vote was necessary here before further discussion. Fine noted that part of the plan includes annual emergency rehearsal for active flood measures for this one alley, which is more than is done now for the entire city. Hauck stated that the design meets a twenty-fiveyear flood without active measures,and that council was aware that design problems with the North Main bridge would need to be addressed for a one hundred year flood. Emphasized that almost all of the first phase was for flood management,and the aesthetic elements would come later. Roll call vote: Reid,Laws,Wheeldon,and Hauck,YES. Fine and Hanson,NO. Motion passed 4-2. City Council Meeting 10/19/1999 Page 5 of 7 3. Designation of Voting Delegate at League of Oregon Cities Annual Business Meeting. i Councilors Reid/Wheeldon m/s to appoint Councilor Hauck as delegate. Voice Vote:All AYES. Motion passed. Councilors Hauck/Fine m/s to appoint Councilor Reid as alternate. Voice Vote: All AYES. Motion passed. 4. Update on the Implementation of Council's 1999-2000 Goals. Scoles noted that this item was presented for information only. Laws stated that prose descriptions of where items stand are much more helpful than timelines. 5. Capital Improvement Plan update. Public Works Director Paula Brown summarized the construction and major project activity currently in process. Noted that Oak Street is underway,and should be complete in roughly three weeks. Explained that work is underway by city crews on Union Street to address ground water problems. Pointed out that the Ashland Creek Pump Station project is going well,and the bike path will reopen by November 9. Stated that the only project not included in this summary is the new Airport Sanitary Sewer project and informed council that all is going well. Reid suggested using other entities information about traffic calming measures,citing traffic calming humps that are now in use in the City of Portland. Wheeldon commented on the issue of the bike path at 8'and A Streets. Brown stated that this will be brought back in a study session in two to three weeks. 6. Council workshop discussion. Scoles requested that the council teambuilding workshop be rescheduled from November 5"to November 6'due to the difficulty in finding a facilitator. Laws questioned if another facilitator couldn't be found. Council discussed alternative dates. 7. Council initiation of a planning action for an amendment to the Ashland Land Use Ordinance to Prohibit the establishment of minimum house sizes by private development companies. Director of Community Development John McLaughlin explained that the purpose of this for developers is to provide assurance to buyers that future construction on nearby vacant lots will be of similar stature,size and value. Stated that there is some concern that this approach runs counter to the City's Housing Goal. McLaughlin recommended that a planning action be proposed to prohibit the establishment of minimum house sizes by private agreements. Shaw noted an example of a couple that was required to build a larger and more costly house than they wanted because of CCRs in a development. Noted that the difficulty that these requirements create. Reid noted the importance of the comment included in the memo from staff,"it is more in keeping with our Housing Goal and with state requirements ensuring the opportunities for wide varieties of housing in all locations." Hauck noted that some members of the public expressed concern over the"sameness"of houses in some developments. Suggested that an amendment to the Land Use Ordinance of this type would help to diversify development in the city. Fine thanked Shaw for taking the lead in bringing this before the council. Questioned McLaughlin whether there could be an exemption for people splitting their lots aside from subdivisions. Asked that McLaughlin bring back wording to this effect. McLaughlin clarified that this action will go first to the Planning Commission for public hearings,and then be brought back to the council for public hearings,and stated that an option like that could be included. Shaw suggested that the public process be allowed to determine what is needed. Councilors Hauck/Reid m/s to initiate a planning action for an amendment to the Ashland Land Use Ordinance to Prohibit the establishment of minimum house sizes by private development companies. Roll call vote: Fine, Wheeldon,Hanson,Hauck,Reid and Laws,YES. Motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Second reading of"An Ordinance Amending the Telecom municationsTitle 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Clarify Requirements for Grantees." Scoles noted that it was necessary that the amendments that have occurred since the first reading be read.City Attorney Nolte read these changes. City Council Meeting 10/19/1999 Page 6 of 7 Councilors Hauck/Hanson m/s to adopt Ordinance#2850,with the amendments recommended by staff in the council communication. Roll call vote: Wheeldon,Laws,Hauck,Fine,Hanson and Reid,YES. Motion passed. 2. Reading by title only of "A Resolution Setting a Public Hearing for the Formation of a Local Improvement District to Provide for Improvements consisting of Paving,Curbs,Gutters,Storm Drains, Sidewalk and Associated Improvements,for the extension of Central Avenue from its existing Terminus East of Helman Street,approximately 320 feet Easterly to a new connection with Water Street." Councilors Fine/Wheeldon m/s to approve Resolution#99-61. DISCUSSION:Wheeldon noted that this was a neighborhood which came forward as a result of the LID policy. Councilors Wheeldon/Fine m/s to extend the meeting to 10:30. Voice vote: All AYES. Motion passed. Reid noted that the information included in the packets is different than that initially read. Brown clarified that the LID proposed is in fact for Penny and Palmer,not Central,and stated that the appropriate motion would be to adopt the attached resolution setting a public hearing on December 7"for the formation of Penny Drive and Palmer Road LID. Brown read the correct resolution title. Councilors Reid/Hauck m/s to adopt Resolution#99-61. Shaw clarified that there was already a motion on the Boor. Councilors Fine/Wheeldon withdrew their original motion. Brown re-read the correct resolution title for the sake of clarity. Roll call vote: Reid,Hauck,Hanson,Wheeldon,Laws,and Fine,YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS ADJOURNMENT The meeting was adjourned at 10:05 p.m. Barbara Christensen,City Recorder Catherine M. Shaw,Mayor City Council Meeting 10/19/1999 Page 7 of 7 V, Avi Vidy, JW,% VE ON Airw dy% Va,A*% '1U.&Mk kiv **i R, PROCLAMATION H'. WHEREAS, Ashlanders appr eciate our area's natural beauty and natural resources; and Fey_ WHEREAS, reducing waste and using resources wisely saves our natural resources, creates jobs, and provides for future generations; and WHEREAS, local governments, schools and businesses, along with concerned citizens, are working together to recycle more and to adopt environmentally sustainable buying practices; and M WHEREAS, Ashlanders and Oregonians are recycling more than ever; NOW, THEREFORE, 1, Catherine M. Shaw, Mayor of the City of Ashland, I re, Oregon, do hereby proclaim November 8 - 15, 1999 as "RECYCLING AWARENESS WEEK" in Ashland and encourage each Ashland citize n to practice essential habits of reducing, reusing and recycling in their homes, workplaces and schools. nd Dated this 2 day of November, 1999 �&AAAA Barbara Christensen, Recorder VK Catherine M. Shaw, Mayor I INIIII ...... ..............�., 4� �1, "14 XF W 0 I I N, &N P- APi W, -Q PROCLAMATION WHEREAS, the first.organized football game played in Southern Oregon took place on ur Thanksgiving Pay 1899 in Medford; and school teams �P Xl- WHEREAS the two opponents who played in the first football game were high s V from Medford and '.WHEREAS, the Medford'and AsMand,football teams have played each other a total of 110 times over the'past%100 years,making this Oregon's longest continuous high schoolI66tbaIrivalry; an& WHEREAS., "t Medford-and' hlandI666ill'tearns have combined to play 1,536.gamesCa while Onin 4,02—of.theri and playing before tens of thousands of citizens v the years,,an WHEREAS, the Medfordand As hland"football'tearns have won 10 state championships and 35 Southern Oregon Conference titles, leading to numerous all-conference, all '� �' state,'college and NFL playci-slind �WHERW, the Ashland Grizzly Gfizzly,To team has represented the City and citizens of Ashland,with enthusiastic sportsmanship and aplomb for 100 years. 'NOW,.TkEREFOkE'A Shaw"' Mayor of the City of Ashland, in recognition of this yo historic event, and the,achievement of thousands of players and coaches who have represented the City of Ashland since.1899, proclaim-Feiday, November 5, 1999 as "A Celebration:of 100 Years of Medford and Ashland Football" • And encourage all citizens tojour-in this historic,part of Ashland's history both past, present and future. Dated this 2"a day of November, 1999. Barbara Christensen, Recorder ti Catherine M. Shaw, Mayor " A. _3 R 1we W L,CZ "I IMP NW40VVV W ROP MINUTES FOR THE STUDY SESSION MEETING ASHLAND CITY COUNCIL October 20, 1999 Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Council Chairperson Don Laws called the meeting to order at 12:05 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid, Hauck,Fine and Hanson were present. Mayor Shaw arrived late. Staff present: Assistant City Administrator Greg Scoles,Public Works Director Paula Brown,and Director of Community Development John McLaughlin. DISCUSSION REGARDING THE ANNIVERSARY OF CITY OF ASHLAND'S INCORPORATION ON OCTOBER 13, 1874 Council discussion regarding events surrounding 125 year celebration. Suggestion that historical documents be gathered through the use of a community service volunteer and/or in conjunction with a high school senior project. Councilor Wheeldon noted a 100-year fashion show that will be taking place as a fund raiser for the sister city of Guanajuato. City Recorder Barbara Christensen suggested using historical documents kept in city archives for display during this time. It was determined that those interested would continue to work together to bring something forward for this celebration. TRANSIT OPTIONS FOR A LIVABLE ASHLAND Community Development Director John McLaughlin introduced Jarret Walker from Nelson\Nygaard Consulting Services. Walker gave an overview of the"Transit Options for a Livable Ashland"report,noting that he had been asked to do a limited focus report on transit problems. Explained that the report addresses what the different transit options would cost,and what the relationship would be with the Rogue Valley Transportation District(RVTD). It was noted that RVTD is doing their very best they can,given the failure of their recent levies. Noted the 1996 Comprehensive Plan goal:"To create a public transportation system that is linked to pedestrian, bicycle, and motor vehicle modes, and that is as easy and efficient to use as driving a motor vehicle." Walker stated that he has never seen such an ambitious transit statement,and suggested that it might be too much in trying to compete with the automobile. Suggested that work be done to make transit more convenient. Explained that the city's goals are more ambitious than any community in the valley,and more ambitious than RVTD. With this in mind,the following suggestions were made: 1)Retracting the goal to the same level of ambition as RVTD;2) Lobbying other entities within the valley to bring up their expectations;3)Assuming primary responsibility for supporting the level of transit service that the city's goal requires,rather than expecting RVTD to do so. Walker suggested that there would be negative impacts in withdrawing from RVTD. Stated that what Ashland might consider would be to look at coverage,given low ridership levels,and productivity. Emphasized that at this time there is no consensus as to the purpose of transit,and that the determination of whether to focus on coverage or productivity would have a bearing on the approach selected. Walker pointed out that the most difficult problem with productivity of service is the location of the hospital. Emphasized that the hospital is almost completely inaccessible to transit vehicles. City Council Study Session 1020/99 Page 1 of 3 Noted the North Mountain corridor,which creates the need for new local service. Suggested that it would be difficult to convince RVTD to add an additional route. Explained that service design options include: 1)A minimal option to restore Route 5 service as it previously existed,but adding no new service or possibly adding some sort of route to address the North Mountain corridor;2) A major growth option to double service along the central Siskiyou Boulevard corridor between the downtown and the university. Noted that the second option might include adding evening service and full coverage. Discussed the Americans with Disabilities Act(ADA)requirements,noting that most proposed routes will not require additional ADA pars-transit service because either RVTD already provides it,or the routes can deviate to meet ADA requirements. Walker pointed out a"peer review"analysis that was done to compare other similarly sized cities to Ashland. Commented that on the desirability for users to use buses based on the look of the bus. Walker also noted that there are daily changes which may eliminate a lot of concerns riders presently have with the buses. Walker explained the problems that would be associated with the shared use of buses with the School District, noting that the main concerns had to do with peak service hours. Noted that all costs presented in the analysis are above and beyond the current costs for Route 10. Presented tables outlining the costs for local service options and costs for weekday and weekend services. Explained that the costs are based on the RVTD average cost for fixed route service as well as a review of costs for comparable services. Walker also included tables which summarized the costs,hours,and estimated ridership of the proposed options. Emphasized that the ridership estimates are based on nominal fares. Noted that the minimal service package has an annual operating cost of$428,500 excluding any ADA-related costs. Stated that this would equate to about$4 per rider based on the ridership estimates. Emphasized that ridership estimates are very conservative,and stated that whatever service level is decided upon should be considered a piece of the city's infrastructure,and one that could bring about change relative to the transit system. Walker also explained what"dial-up"rides are and how this program would work. Walker discussed how to provide transit services,noting the options as: 1)contracting with a service provider to provide turnkey services;2)contracting with a service provider who will operate and maintain buses as well as hiring drivers,with the city to administer,plan for,and market the program; 3)managing and operating the transit service as a city department. Emphasized that the city may want to consider the cost of the alternatives as well as the quality of service. Also cited availability of service,ease of administration,city government constraints and opportunities,and city identity as factors for the council's consideration. Discussion of how to fund a transit system. Walker explained that Ashland's position is unique,as it is part of a regional transportation district in which property owners already pay$0.17 per$1,000 of assessed value. Emphasized that this equates to roughly$200,000 per year,and that the city pays an additional$100,000 per year for additional service frequency. Noted that additionally,the city has provided about$50,000 per year for elderly and disabled transportation. Walker suggested that Ashland might well be able to budget between$100,000 and$150,000,or more, for improved transit service without seeking additional revenue sources. Noted that the report lists several option that should be explored for funding, including: increasing the transient room tax from 8%to 10%;developing a parking City Council Study Session 1020/99 Page 2 of 3 f fee for on-street and off-street parking; soliciting financial commitments from the University and Shakespeare Festival;and passing a local option levy of$0.10 to raise an additional$125,000. Laws stated that he has no problem finding additional funds for transit needs. Stated that he would like further study if additional funds are identified. Hauck noted that this presents the opportunity to ask the citizens what they want. Wheeldon stated that she feels that options should be explored. COUNCIL WORKSHOP SCHEDULING It was agreed that the city council teambuilding workshop would be scheduled for November 8'^,from 8:30 a.m.to 2 p.m. ADJOURNMENT The meeting was adjourned at 2:00 p.m. Submitted by Barbara Christensen,City Recorder/Treasurer City Council Study Session 10/20/99 Page 3 of 3 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL ASHLAND PARKS & RECREATION COMMISSION October 12, 1999 Hunter Park Senior Building CALLE GUANAJUATO RESTORATION PROJECT CALL TO ORDER Commissioner Eggers called the meeting to order at 7:00 p.m.,in the Hunter Park Senior Building. Councilors Laws, Hauck, Hanson, and Fine were present, along with Commissioners Jones, Eggers, Landt, Coppedge and McGraw. Councilors Wheeldon and Reid were absent. Mayor Shaw arrived late. PRESENTATION BY CONSULTANT Consultant Brian McCarthy of Cameron*McCarthy* Gilbert Landscape Architects,L.L.P.,identified the four steps involved in this project: 1)A decision on the public involvement process;2)A public workshop to generate ideas;3) A presentation of the draft preferred option;and 4)Presentation of the final master plan. McCarthy spoke about the process and progress that has been made so far. Explained that four milestones have been determined,and that this is the last step,the final presentation of a master plan. Discussed the public involvement process, noting that this is where discussion regarding the budget of $1 million budget was determined. Noted that project goals were established,but that they were not prioritized. Recognized the goal to reduce flood damage to personal property and to restore and enhance the Calle. Discussed the restoration project,noting the open house that was held and the two design schemes that came out of that process. Explained that common elements found in these designs of the Calle came out of the public workshops. Emphasized that the architects worked to develop flood design strategies that took into account both environmental and urban design concerns. Explained that issues to be addressed in the designs were:two more bridges, a more natural west side of the creek,and some minor changes on the east side. Noted that the process to be completed tonight involves reviewing the master plan,discussing the budget,approving the master plan,and then an authorization to move on to Phase II of the project. Presented a slide show illustrating the master plan,with all refinements to the original plan. Explained that there were three segments in the master plan. 1) South Calle;2)Mid Calle;and 3)North Section of Calle. 1)South Calle, which is the upper section improvement area included the following: new pedestrian bridge further upstream,bridge placement procedures for better pedestrian access including access to new restrooms,addressing flood wall height, instream work to help channel water for fish,planting along the bank and the replacement of railing. 2)Mid Calle improvement area included the following:a`low-water"bridge that could be brought in and taken out as dictated by creek water levels, a pathway between the two bridges, removal of the old bridge as soon as possible, parking area off Granite Street, stairway and low-water walkway,splitting pathway using a step system. 3)North section of Calle, improvement area included the following: rejoining of pathway(both new and existing), building a new wall outside the Greenleaf restaurant area, replacement of transformer in the larger flood wall area, rebuilt river access and using buff-colored concrete. City Council/Parks Joint Meeting 10/12/99 Page 1 of 3 McCarthy stated that the entire area is accessible, and that ADA standards have been met in the areas necessary. Explained that not every area is required to be ADA-accessible, as long as you can demonstrate that it was not accessible before the improvements. Noted issues beyond the scope of the current discussion: active flood management for Lithia Park; restroom construction with the Hillah Temple remodel; relocation and improvement of the waste and recycling facilities;and improvements to the North Main Street bridge's hydrology. With regard to the project budget,direct construction costs can be estimated after the final design is complete. These were estimated at approximately$1 million. Noted that contingency needs are higher(25%)and indirect costs might be an additional 20%. It was noted that restroom and recycling areas need to be included at an approximate cost of $150,000. Freeman explained that because he was under the assumption that the restroom and recycling areas were damaged during the flood in 1997,that they would be included in the Calle project. Noted that this was his assumption,as he had not heard anything to the contrary. It was suggested that phasing of the plan would be possible, and that it might also be possible to delay some construction. Stated that some work might be able to be done by "force accounting", such as the landscaping. McCarthy voiced the concern that too much phasing would increase the total construction costs. It was noted that the proposed project budget is $1.5 million,which includes$312,000 in contingency funding and $207,000 for indirect costs such as plans, permits, etc. McCarthy stated that issues still need to be decided, which include the approach to be taken and the general concept. Discussed the preferred options,as outlined in the handout. Pointed out the concerns of business owners over delivery vehicle problems,and noted that the master plan has larger turnout areas to address these concerns. Noted that a gate system needs to be put back in place,and suggested that this would be a matter of management and enforcement. It was pointed out that there was an interest in making the Calle more like its namesake,the City of Guanajuato. COUNCIL/COMMISSION QUESTIONS Commissioner Coppedge questioned the project budget. McCarthy clarified that the budget costs included contingencies for all master plans. Further explained that the terraces would be paved areas that people would occupy. Clarified the size of the gathering area,which would be smaller than the previous proposal. Eggers noted her concerns with the wing wall. McCarthy explained that rock wall be used at the base of the wall to break up the level of the wall. Stated that the wing wall will be from,the planting,to the rocks,and up. It was noted that specific flood measures have not been determined. Stated there would have to be permanent changes before final flood determinations can be made. Emphasized that water has a mind of its own,and stated that secondary flood measures would be available, including sandbagging. Questions were raised regarding the level of rehearsal necessary for flood preparation, and whether additional emergency management training was necessary. McCarthy stated that he didn't believe so,but stated that he did not want to encourage complacency. Suggested looking at the engineer's report. Also stated that once a design is set,then flood management measures can be more effectively addressed. Discussion on what would happen in this area,when it floods, in relationship to the bridge. PUBLIC COMMENT The following suggestions came forth through public comment: 1)The need to look at the budget for the additional bridges;2)Restrooms and recycling area can be a separate project,and that construction on this project should begin ASAP. 3)Transformers should be protected from a variety of things besides flooding,including delivery vehicles;4) Area below Winburn Bridge be looked at for aesthetics,stream restoration,and the need to make the channel narrower and deeper;5)Large ashtrays be distributed in the area;6)Dogs be allowed on leashes; 7)Determination be made as to whether bridge removal is considered"in-stream"work; 8)Grout being placed in-stream wasn't preferable, and could be done better;and 9)Large trees be planted and have established root systems. City Council/Parks Joint Meeting 10/12/99 Page 2 of 3 COUNCIL/COMMISSION COMMENTS Councilor Hanson questioned the factors driving the project.stated that the project is aesthetically driven. Noted the need for bridge removal,as the existing bridge could lead to significant damage in future floods. Also noted the positive ramifications on beautifying the area. Councilor Fine recognized the importance of restoring the integrity ofthis area,but questioned the costs associated with the project. Questioned pursuing a costly project that is mostly for the benefit of the plaza merchants. Councilor Laws suggested that the council not take action, and that this item be placed on a future agenda for full council discussion and action. Laws stated that the costs were irrelevant here, as that the charge of the Parks Commission, has requested by council is complete with presentation and recommendation of the master plan. Commissioner Coppedge voiced her concern that these questions were not brought up from the start. Councilor Hanson noted his concern that the original budget of$1 million has grown. City Administrator Mike Freeman explained that the initial budget was set in order to set parameters for what might be realistically accomplished. Commissioner Landt noted his concerns with the master plan which include the following: 1)encroachment into the creek' 2)continued urbanization of the Fast-side of the creek;3)lack of definition of the east side amenities;4)lack of opportunity to maximize public input;and 5)felt that the West-side organization could be improved. Freeman stated that the staffs recommendation is to place a priority on the restrooms and recycling area. McCarthy addressed the concerns of Commissioner Land,and noted that there was a push to set some kind of budget, and that the goal was to seek a long range plan that meets the needs of the majority. Stated that he does not believe that encroachment will be an issue,and that the West-side design was to create something that allows for gatherings and activity. Also suggested that simplification of the master plan may occur naturally with budget constraints. ADJOURN TO COMMISSION MEETING Commissioners Coppedge/McGraw m/s to adopt the master plan. Roll call vote:Jones,Eggers,Coppedge and McGraw,YES. Landt,NO. Motion passed 4-1. ADJOURN TO COUNCIL MEETING Councilors Hauck/Fine m/s to put this item on the agenda for a future council meeting for discussion and a decision.Voice vote: All AYES. Motion passed. ADJOURNMENT Meeting was adjourned at 9:37 p.m. Barbara Christensen,City Recorder Catherine M.Shaw,Mayor City Council/Parks Joint Meeting 10/12/99 Page 3 of 3 City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES September 15, 1999 ATTENDANCE: Present: Teri Coppedge, JoAnne Eggers, Sally Jones, Rick Landt, Laurie MacGraw, Director Ken Mickelsen Absent: None I. CALL TO ORDER Chair Eggers called the meeting to order at 7:00 p.m. at the Hillah Temple on Winburn Way. In opening remarks she indicated that the purpose of the meeting was to review the Preferred Option for the design of the Calle Guanajuato Restoration Project, and, if appropriate, to have the Commission approve the plan and to offer further guidance to the consulting team as they move forward to complete the final master plan. She briefly reviewed the public process related to the project to date, outlined the agenda for the meeting, and turned the meeting over to Brian McCarthy of Cameron, McCarthy and Gilbert, the landscape architectural firm contracted with to develop the Calle master design plan. Il. PRESENTATION BY THE CONSULTING TEAM Mr. McCarthy introduced the other members of the team who were present: Bill Hall from OBEC and John Fregonese who is facilitating the public process portion of the project. Prior to turning the meeting over to Mr. Fregonese, he indicated that City Administrator Mike Freeman had some information which he would like to present. Mr. Freeman said that he was aware that questions related to public restrooms for the downtown area and the recycling center for the plaza have come up during the process to develop a design for the Calle. He confirmed that those items were not included in the scope of work for this project. However, the City has made both public restrooms and the recycling area part of the planning process for the Hillah Temple project. He indicated that the design team for the Hillah remodeling project would include in their design work adding public restrooms to the Calle side of the Hillah structure. • Review and Update Mr. Fregonese briefly reviewed the work which the design team and community had done to bring the design phase for the Calle Project to this point. He indicated that this meeting represented the third milestone of the project; the first being represented by the joint meeting of the Council and Commission and the second by the charette workshop conducted at the end of July. At this third milestone, the consulting team would be presenting the Preferred Option design which represents the work to incorporate the ideas, goals and objectives which were brought forward during earlier parts of the process. • Design/ Preferred Option During the presentation of the Preferred Option, the consulting team reviewed the design as a whole and focused on particular aspects of the plan and how they addressed the project goals and design criteria. Questions were addressed during the presentation for clarity. Special Meeting -September 15, 1999 Page 2 of 6 Ashland Parks and Recreation Commission III. PUBLIC COMMENT Dona Zimmerman (11 N. Main St.) inquired about access to the creek on both sides. Mr. McCarthy explained that access from the west side would be informal and constructed of rock boulders; people would be directed to a select few places so that there would be minimal interference with the riparian vegetation. On the east side where there was an urban flair, the stepped terraces would provide more public access. The terraces perform dual functions in that they help to overcome hydro-logic challenges during high water events. Ms. Zimmerman said that in discussion of the design at the open house earlier today there had been concerns expressed that in this design the electric transformers are located on the creek side of the flood wall. She said as they are very critical to the buildings and the functioning of the pumps during flooding events, she asked whether or not the design could be altered so that they could be more protected. Bill Hall said that after the question was raised earlier the design team had discussed bringing the transformers inside the flood wall. He said that providing more protection for the transformers would have implications on the overall design and cost of the project should they need to be moved. But it was certainly a design feature which could be further addressed. She also said that she said she would like to see as much tree cover as possible on the east side but outside the flood wall so that traffic would not be impeded. Mr. McCarthy said that all the trees, including existing trees, were not shown on the plan so that the details of the design could be seen more clearly. The trees which will be planted on the creek side of the flood wall will provide additional shade for the east side thoroughfare. The four small trees which are currently planted inside the flood wall will remain but no additional trees are planned inside the wall. Ms. Zimmerman said that at some point she felt that she would like to see a discussion related to removing the existing trees inside the flood wall —at least a couple of them — because they do impede traffic flow. Bow Seltzer (727 Holly) said that he had attended the open house this afternoon and felt that the overall plan was fun, functional, and well thought out. He commended everyone on their work. The one thing that he said that he would like to bring to the table is the concept of including a small design feature which would reflect that "Calle Guanajuato"was named to honor Guanajuato in Mexico, Ashland's Sister City. He suggested that some kind of building material, fountain or planting could be used in an area which would reflect a"Guanajuato" theme or feel. And, perhaps, at some location Ashland's Sister City relationship with Guanajuato could be noted for the public. His suggestion generally received a positive response. Dave Bobb from American Trails, a plaza business, said that he was very disappointed that it has been almost three years since the flood and that the public process for the restoration plan for the Calle has primarily taken place this summer, the worst time for business owners to participate. He said that two of the primary issues which face the downtown are parking and restrooms. Initially they were told that restrooms would be addressed as part of the Calle design process and now they are being told that they will be addressed as part of the Hillah Temple project though it is not really a part of that project. He said that he has not seen the plans for the Hillah but is concerned that the 13 public parking spaces which had been in the area will not be incorporated in that plan. He said that he wonders why the business community's concerns always have the lowest priority. Special Meeting-September 15, 1999 Page 3 of 6 Ashland Parks and Recreation Commission Public Comment-continued His question for the design team related to the three Alternative Options presented and discussed early in August. He wanted to know which alternative provided the most flood protection. Mr. McCarthy responded that essentially they all provided the same flood level of protection, 100 years in the upper reaches and 25 years as you approached the N. Main bridge. The hydrology of the area was briefly discussed and explained that without improvements to the N. Main Bridge a 100 year flood could not be contained within the stream channel. Matt Frev (37 N. Main) from Rare Earth said he liked the plan as far as it goes but he still believed that a lot of the issues related to the east side and business owners' needs for deliveries and access had not been fully developed. He said that historically the Calle was an alley and that when the property owners gave the land to the City it was with the understanding that it would continue to be used as an alley. He said that he felt that taking out the four trees which are planted in the alleyway should be strongly considered. He said that he believed it was essential that the electric transformers be provided more protection and to keep in mind that when one is knocked out, they both go out. Jim Young representing the Lithia Artisans Guild said that he believed the design as presented would provide another cultural asset to Ashland. It provides a beautiful place for people to come and to be next to the stream. He said that he believes that once it is developed the area will be another reason for people to come to Ashland and that everyone's business in the area will be enhanced. He said that for some time the area has not been just an alley but provides much more. Mr. Young suggested that the west side forum or gathering area be provided with some kind of electric outlet because surely it will be needed at some point by groups who will use the area. Indicating that he liked the number of public access points to the stream, he also inquired as to whether there were any "down sides"to that environmentally. Mr. McCarthy said that Paul Fishman, the team member who was responsible for aspects of the design related to stream enhancement and ecology, has indicated that he does not believe that the access points as designed would impact negatively on the stream or associated riparian areas because they would be most used during the summer months when the habitat would be least vulnerable. Moreland Smith, (Wagner Creek Road, Talent) said that he wanted to compliment the community on its process in developing this plan. He said that he felt that the business community had done very well in representing itself. He complimented the consulting team on the continuity of the process in that it remembered where it was and that the Preferred Option which was presented was obviously a natural progression of all the work which has been done by everyone during the process. He also wanted to compliment the design team for working towards developing a superior design while keeping in mind the budget constraints. He encouraged the Commission to look toward phasing in the project and utilizing the existing monies available to complete the in-stream and flood wall work during the first phase. Councillor Carol Wheeldon spoke briefly in support of Mr. Seltzer's idea of incorporating some kind of feature to honor Ashland's Sister City Guanajuato, Mexico. A suggestion was made that perhaps the native rock of that area which is used so widely in Guanajuato might be incorporated into some of the design structures. f Special Meeting- September 15, 1999 Page 4 of 6 Ashland Parks and Recreation Commission Public Comment-continued Councillor David Fine inquired as to what percentage of the proposed $1.5 million dollars of improvements would be washed out by a 100 year flood and what portion would be washed out by a 25 year flood. Mr. McCarthy said that the directive the consulting team had heard early in the process was to incorporate elements in the plan which would be able to move water most efficiently through the Calle in all flood conditions. He said that the traditional engineering response to that directive would have been to create high walls with a trapezoidal channel and a box culvert. That would be more secure that what was being proposed. However, that kind of solution would have been in direct conflict with the other goals for the area and was not considered an option. With active flood measures, a 25 year flood should move through the channel effectively with minimal loss. As to a 100 year flood, John Fregonese indicated that "if a 100 year flood acted as it was supposed to" he would estimate that approximately 10% of the improvements might be lost. IV. COMMISSION REVIEW AND DISCUSSION Discussion of Preferred Option as presented. John Fregonese kept a record of the topics which the Commission chose to address point by point related go design features. First listed were those concerns or ideas expressed during public comment and then the Commissioners brought forth additional points which had not been mentioned earlier. Commissioner Coppedge indicated that she had been out of town during most of the planning process but that she had spent some time catching up during the open house this afternoon. She said that she felt that everyone -- the community, Commissioners, and consultants -- had done an outstanding job and that she could support the Preferred Option enthusiastically. She did say that she would support including a small feature of some kind which would reflect Ashland's Sister City relationship with Guanajuato. Commissioner MacGraw reiterated Commissioner Coppedge's comments related to how impressed she had been with the efforts of everyone who has brought the process to this point. She briefly outlined the points of the plan she particularly liked and said that she would have no problem with approving the Preferred Option as presented once those items bright forth in public comment had been addressed. Indicating that she was interested in discussing several points which had been brought up by the public, Commissioner Jones said that in addition she would like to discuss a more direct route from Granite Street into the area, "a straighter line into town" and ADA accessibility. Other than those points on which she would like clarification, she said that she felt it was a fine, exciting plan. Commissioner Landt said that he appreciated that there was a relatively low cost associated with the plan and that he understood that there could have been a lot more money spent here. One of the reasons he appreciated the consultants' efforts to hold down the cost is that he believes that eventually the City will need to address the full reach of Ashland Creek and to spend a lot of money now may just mean re-doing it later. He also said that the iron railings which are being considered would be an excellent opportunity to tie in the feel of the area with Guanajuato, Mexico. In general he said that he believes we have come a long way with the plan, that it was a good plan, but wanted to comment on ways he felt that the plan might be Special Meeting- September 15, 1999 Page 5 of 6 Ashland Parks and Recreation Commission Commission Review and Discussion -continued improved and that he would like to have reviewed: more emphasis on.protecting the electric transformers, the advisability of including additional restaurant seating at the "pinch point" near the upper end of the Calle, the clustering of picnic tables on the west side rather than having them disbursed throughout, more riparian trees on both sides, less access on the east side to the creek, the use of boulders versus cut block along the creek channel, and the location of the gather area. He also said that as policy he felt that throughout the project.that only lights which did not create light trespass should be used. Commissioner Landt also said that after the last meeting he had anticipated a more detailed plan for the east side; that is, that the consultants would have provided more information related to traffic patterns, areas needed for vehicle movement versus dead space. He said that he would like to see a plan for how that space can be efficiently and safely used. Commissioner Eggers said that she basically liked the plan. She said that she was not opposed to more restaurant seating as long as it did not drive the plan but that her preference would be more trees rather than more restaurant seating. She said that the amount of public access to the creek on the east side was more than she would prefer and would like that discussed. Reiterating Commissioner Landt's point about use of river rock versus the cut block, she said that she would like that discussed more fully. Once Commissioners had placed their comments on the list for discussion, John Fregonese lead Commissioners through a discussion of the items on the list to determine which items would remain to be addressed by the consultants in the master plan which would be presented in October. As the discussion took place, the consulting team further elaborated on the particular design features, how they functioned within the overall plan and how the plan would be impacted if the particular design features were changed. As each point was addressed, Commissioners decided by consensus which items or changes they would like to have the consultants pursue prior to drafting the master design which would be brought back to the Commission and Council for review and approval. (Refer to attached consultants' notes dated September 20, 1999) At the conclusion of discussion of the Preferred Option, Mr. McCarthy indicated that he would like to briefly review the roughly projected budget and to make some suggestions about immediate steps which the Commission may choose to take so that the ultimate time line related to completing in-stream work by September 2001 can be met. Essentially, he said that he believed that anything the Commission could authorize at this time which would accelerate the permitting process for in-stream work would assist the overall time line. His recommendation was that the Commission authorize OBEC to undertake the preliminary work consisting of a topographic and features survey and not wait until the final plan is approved in October. Discussion of Projected Budget Allocation (09/15/99) worksheet Mr. McCarthy presented a worksheet that outlined how the project costs through Phase One - Design and Construction could be completed within the $1,000,000 allocated within the City and Park budgets for fiscal year 2000-2001. However, Mr. McCarthy indicated that what the worksheet did not take into consideration is that just today it was learned that the public restroom addition to the Hillah Temple which is estimated to cost $150,000 will come from the C Special Meeting- September 15, 1999 Page 6 of 6 Ashland Parks and Recreation Commission Commission Review and Discussion -continued City's allocation for Calle budget, not the Hillah Temple budget. This reduces the initially allocated monies by 15% of the overall budget of $1,000,000 and has essentially reduced the estimated budget for first phase construction from $760,000 to $610,000. In light of this new information, Mr. McCarthy said that the consulting team will review the projected budget and compare it to the Level One goals established by the Council and Commission. The intent would be to bring an estimate to the meeting in October of what can reasonably be accomplished in Phase One Construction and Design considering the modified budget parameters. Director Mickelsen commented that it may be that the only construction elements which may be affordable this year will be those associated with flood control. The balance of the master plan will most likely need to wait for future phases and future funding opportunities. V. COMMISSION APPROVAL and RECOMMENDATIONS FOR DESIGN TEAM MOTION As the meeting lasted beyond the 10:00 p.m., Commissioner Coppedge made a motion to extend the meeting. Commissioner Landt seconded. By unanimous consent, the meeting was extended. MOTION Commissioner Landt made a motion to authorize OBEC to move forward at its regular hourly rate to conduct a topographic survey and tie-in the existing information related to boundary lines for an amount not to exceed $7,500. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no MOTION Commissioner Coppedge made a motion to approve the Preferred Option as presented incorporating the changes which were recorded by the consulting team in discussion. (See attached notes from Cameron, McCarthy and Gilbert dated September 20, 1999). Commissioner Jones seconded. In discussion of the motion, indicating that he felt it was a good plan but still needed some work, Commissioner Landt said that he would be voting against the motion. The vote was: 4 yes - 1 no (Landt) VI. ADJOURNMENT With no further business, Chair Eggers adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department Preferred Option Parks Commissioner's Meeting Calle Guanajuato Restoration Project SEPTEMBER 20, 1999 The Ashland Parks Commissioners held a meeting Wednesday, September 15, 1999, to adopt the proposed Preferred Option. Throughout the course of the meeting, the Parks Commissioners reviewed the proposed plan and discussed areas for revision or further review in accordance to adopting the Preferred Option. The following bulleted items are a list of the design elements composed during the Parks Commission meeting for further consideration in the final master plan. The items are listed in no particular order and were placed into groups by the design team in respect to the Operational Design Goals provided by the Parks Commission on June 29, 1999. Please review attachment for the complete list of Operational Project Goals. Level I To protect human lives and structural integrity of the buildings in the Plaza during a severe flood event. (relative score 72) • Maximize high bridge ability to pass debris; consider big trees in-stream To enhance the natural setting and environmental functions and values of Ashland Creek in Calle Guanajuato. (relative score 50) • Use stacked system for structural base,on area upstream of main pedestrian bridge; add boulders where possible; place large riparian trees in this area; maintain some access, perhaps limit access for first few years to allow riparian vegetation to establish • More riparian trees on east side • As much vegetation along the creek as possible To greatly reduce damage to public infrastructure during a severe flood event. • Better protection of transformers in reference to Level I goals • Consider moving lower transformer- leave wall area; remove seating aspect Level 2 To establish interesting and attractive urban spaces on Calle Guanajuato. • We should look for dead space in east side where benches, flowers, and other amenities could be placed either now or in final design phase • Light Trespass - use lights that stay on site • More development of connection to new alley through Masonic Hall • Emphasize trees over seating - seating where it works within design parameters Level 3 To restore and enhance the Calle Guanajuato as a part of the heart and soul of Ashland. (relative score 9) • Guanajuato design features - remember this is Ashland, use an echo of features (wrought iron or cantera rock) Parks Commissioner's Meeting Summary Page 2 Miscellaneous • Remember it is an alley - obtain local antidotal information; insure it and other functional aspects are included in the design • Just indicate picnic area- do not show tables • Four problem trees in Calle - continue depicting on plans, address later in traffic flow study ORDINANCE NO. AN ORDINANCE ADDING SECTION 2.04.095 TO THE ASHLAND MUNICIPAL CODE TO BETTER IDENTIFY FUNDING MECHANISMS FOR NEW PROGRAMS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 2.04.095 is added to the Ashland Municipal Code: 2.04.095 Identification of Fiscal Impact of Policy Decisions. A. At such time as the council adopts a new program or policy with significant revenue implications, it shall offer clear direction to city staff and to the budget committee as to how the new program or policy is to be funded. B. When the city council adopts such a program or policy, it shall indicate how it expects that program or policy will be funded; e.g., which existing taxes or fees the council expects to increase and by how much, or which current city programs or department expenditures the council expects to reduce to fund the new program or policy. However, if the council cannot reasonably identify a potential funding source, it shall so indicate. C. As used in this section 2.04.095, the term "program or policy with significant revenue implications" includes an ordinance or a resolution in which implementation may entail expenditures in any budget year in excess of one and one-half percent (1.5%) of the city's annual General Fund budget, and which may require increasing existing taxes or fees or imposition of new taxes or fees. D. The provisions of this section shall not apply to extraordinary expenditures in situations of, or necessitated by, public emergencies. The foregoing ordinance was READ on the day of 1999, and duly PASSED AND ADOPTED this day of 1999. Barbara Christensen, City Recorder SIGNED AND APPROVED this _ day of 1999. Catherine M. Shaw, Mayor R iewed as to form: Paul Nolte, City Attorney City Council Communication Administration Establishment of Fiscal Priorities for New Programs November 2, 1999 Submitted by: Mike Freeman Title: Second reading by title only of"An ordinance adding section 2.04.095 to the Ashland Municipal Code to establish fiscal priorities for new programs." Synopsis: This ordinance was approved at its first reading on October 19, 1999, with the deletion of"and priorities." The ordinance requires that the council indicate the funding mechanism upon adopting a new project, initiative or policy with the appropriate funding source. Recommendation: The staff have no position on the proposed ordinance. Council Communication Public Works Department Pavement Cut on Park Street November 2, 1999 Submitted by: Paula Brown Reviewed by: Paul Nolte Approved by: Mike Freeman f^,� f ; ` Title: Approval of a Street Cut on Park Street to Install Sewer and Water Services. Synopsis: The proposed action would approve the cutting of the pavement surface on Park Street for installation of City utility services. Park Street was overlaid on October 1, 1996. Under Section 13.12.011 of the Municipal Code, there shall be no excavation in the newly paved or resurfaced streets for a period of five (5) years from the date of paving without permission from the City Council. The surface cut moratorium on Park Street is in effect until October 1, 2001. Recommendation: It is recommended that the City Council approve the pavement cut on Park Street allowing installation of utility services to the residence being constructed at 730 Park Street. Background Information: Mr. Brian Gies has submitted plans for construction of a residence at 730 Park Street necessitating the installation of sewer and water services to the lot. Mr. Gies has requested Council authorization for City crews to install the needed services (see attached letter). Prior to improving a street where the pavement will be constructed, replaced or overlaid, all property owners are notified of the pending moratorium. Depending upon the paving schedule, notifications are sometimes more than a year in advance of the actual work. During the intervening years prior to the expiration of the moratorium, properties are often sold with notice being passed along to the new owner. Mr. Gies recently purchased this property and was not informed by the seller of the existence of the moratorium. The previous owner did not make arrangements to have services installed prior to the street being overlaid after he partitioned the property. F:\USER\dawn\STREE71Park St Curb Cut at 730 Park CC.doc J TO: Jim Olson Engineering FROM: Brian Gies RE: 730 Park st Road cut for Water and Sewer Jim please put me on the agenda for the next available council meeting concerning my building project on lower Park st. As you are aware I have already received my building permit and will appreciate anything you can do to help me out. Call if I can be of any assistance 890- 0886 Regards Brian J Gies I (.n 1 A W I v CD cx] ac 2 2 9 1 C-) lig Pt 2 1 4 c a 2 T F c I I 1 11 A j3 L j c t t c 9 1 s 1 9 1 C;) I Lil 6�oz 00 CITY OF ASHLAND .> ENGINEERING DIV. PROPOSED SEWER/WATER ■ STREET CUTS FOR 730 PARK ST. 4200 5701 ` 2800 2801 0 5 I 45 4501 27 I ■®5500 5400 a t 4700 25 t`' SEWER CUT 4802 WATER CUT '^=R 4801 rte ( fiz r 00 02 t t w 901 1900 ,? fl • T'tk. 5000 J- I I tl tE1V '.71 'tClLt 1700 8 � u sal r 1500 4+OF Asp�9� 4®o yt l SCALE: 1" 100 0 100 Feet O*EGOa t i ASHLAND CONSERVATION COMMISSION MINUTES September 29, 1999 CALL TO ORDER — The meeting was called to order by Vice Chairperson Kari Tuck at 7:05 p.m. in the City Council Chambers. Members present were Bruce Moats, Kari Tuck, Howard Braham, Karen Amarotico, and Russ Chapman. Carole Wheeldon arrived at 7:30 and continued the meeting as Chair. Staff present were Dick Wanderscheid and Sonja Akerman from the City. Also present was Dan Murphy from Ashland Sanitary & Recycling. Members Ashley Henry, Russ Otte and Kirk Evans were unable to attend. APPROVAL OF MINUTES — Chapman moved to approve the Minutes of the August 25, 1999 meeting and Amarotico seconded the motion. It passed unanimously. PUBLIC FORUM: Natural Step Update — Nancy McGinley, 1007 Walker Avenue, informed the Commission there will be a workshop in Ashland on Saturday, November 13. On Friday the 12`", Duke Castle will present the science seminar series from 3:00- 4:00 and from 7:00-8:00. The workshop will be from 9:00-1:00 at Southern Oregon University. The cost will be $60. Businesses, as well as City and County personnel, will be notified. McGinley said the main goal of this workshop is to make people more aware of the way they live. Ross Finney added they would like to get private and public organizations involved in this process. Natural Step is a way of defining sustainability the way we relate to the earth. Subsurface Drip Irrigation (SDI) Update — Paul Kay brought the Commission up to date on the projects he has been working on and projects the City will be doing in the future. At the last meeting, he had informed the Commission he did not get the endorsement from the Bear Creek Watershed Council (BCWSC) for the Governor's Watershed Enhancement Board grant, but he has since been encouraged to apply for it. The positive aspects of the City being involved are 1) water management and conservation, 2) the City can use SDI as an incentive rebate system, and 3) it will not only save water, but will reduce irrigation run-off. The strength in the program he is proposing is in the collaboration between the various entities that have offered in-kind services. These include the Oregon Department of Agriculture, OSU Extension, City of Ashland, Bear Creek Orchards, TID, Medford Water Commission, Waterworks, Dynamax, United Horticultural Supply, Rainbird, David McNeil Excavation, Wynn Irrigation Consultant and Center for Irrigation Technology. Kay stated the project is coming together and he thanked the Commission for its support. Year I of his involvement has been to successfully demonstrate SDI in a local fruit orchard. Year 2 will involve ornamental landscaping and grass application and Year 3 will expand the technology to pasture land. The landscape/grass area between the sidewalk and fence will be the location site at the City yard on Mountain Avenue and "B" Street. This is scheduled to be completed by November. The next City-owned area for installation of an SDI system will be the dog park. Kay said the next phase will be accomplished with or without the grant. The grant would cover his wages. If the grant is not approved, he will turn over all his knowledge to whomever it would be appropriate. Kay offered to give the Commissioners a tour of the orchard site before TID water is scheduled to be turned off in a couple days. (Wheeldon arrived at this time.) ASHLAND SANITARY & RECYCLING UPDATE — Murphy reported: 1) this is chipper week through Friday. 2) He has spoken with representatives from Ashland and Phoenix High Schools regarding the essay contest, which will be open to seniors. The essays on precycling will be due by late October, and the winning essay will be published in the Jefferson Monthly, most likely in February. Amarotico volunteered to be one of three judges. 3) Jackson County and its cities are promoting education as part of the credits they will receive in providing additional services. Interested teachers have been provided with information. No one has come forward to get involved in the Green Schools program yet. Since this would require someone to fill out forms for the accreditation program, it can't be offered through this education system; however, with the education program, representatives will go to the schools and help educate the students and teachers. Murphy said a number of schools would probably qualify for the Green Schools program for what they are already doing. Wheeldon said she would like to talk about this again next month. Tuck asked Murphy to bring back a list of what is being done and what could be done as a goal for the schools. OLD BUSINESS: Education Subcommittee Report—Tuck reported Braham is writing the last article in the water conservation series. The next series could be on energy conservation. Wanderscheid said he could bring back a list of ideas of the Commission wants to continue the articles if the Tidings agrees to run them. Braham stated he would like to receive feedback from the Tidings editor on the articles written thus far. Wheeldon will find out prior to the next meeting. She added she feels it is very important to have the community take advantage of the Commission and its expertise. Jefferson Monthly Article — Brent Thompson's article will be used in the November issue. Wheeldon will write the December article, then Eric Alan would like an article to tie in to the millennium for January, the high school essay contest winning article will most likely be in February, and he has an article by Tim Holt from Dunsmuir for the June issue. Compost Class Update—Wanderscheid related the last class had 8 participants, whereas prior classes had between 20- 30. Tuck introduced Paige Pruitt, who teaches the worm composting (vermiculture)classes at North Mountain Park. Solar Program Grant—Wanderscheid informed the Commission the program now has another partner in Southern Oregon University, Avista will most likely purchase tax credits from the City, and BPA will be investing $100,000 in this. A brochure is being developed now, which will be sent out with the January utility bills. He will let the Commission review the draft for input prior to the mailing. The goal is still to dedicate at least one system on Earth Day. We now have enough partners for phase I. Customers can purchase$4.00/month blocks and are being asked for a two-year commitment. Green Business Strategic Planning — Ross Finney reported he had met briefly with the Green Business committee. He passed out final draft copies of the standards and asked that everyone take a look and give feedback at the next meeting: He would like the standards to go to businesses in January and February. He has had positive feedback from the sampling of businesses to which he had given the prior draft. While most businesses are open to the program, the big concern seems to be "time". Someone from the business must identify and analyze where it is and what it would take to get into the program. He related that in the first year, a lot of problems should shake out. After a year or so, if the program takes off and is successful, the Commission should be able to handle applications and review. Until then, someone will need to work with the businesses. Finney said it is now time to go to the next stage with this program. Braham asked what the major concern is. Finney replied he is encouraged by the response he has received so far, but the program won't sell itself—it will take work. Chapman added it would be difficult to do with only volunteers. Amarotico asked if Finney had completed his masters and would be available to continue with this program. He answered he has his MBA and is in the final stage of finalizing the standards for his thesis. He has another job commitment for the coming year, but he doesn't feel the Green Business program would warrant a full time person. Wheeldon asked the members to read the standards and think of ways to get the program up and running, and also what it will take to maintain. She would still like the pilot group of green businesses to get recognition on Earth Day. The Commission discussed various ways to initiate the businesses with the program. Wheeldon asked Finney to get a letter from the Hood River Chamber of Commerce on how its program commenced and what types of problems we can expect. Chapman stated the Commission should think of incentives to offer the businesses. This will be discussed at the October meeting. Fall Leaf Program —Wanderscheid read a memo he had received from Public Works Director Paula Brown which stated her department is looking at the current street sweeping program and would like to make it better. Currently, they only get to most areas 2-4 times a year. Chapman suggested taking one Tuesday in November(because the recycle depot is not open on Tuesdays) and having a couple trucks at the depot that would be available for loading leaves only. If Ashland Sanitary provides trucks and employees, maybe the Commission can pay for advertising. He added there is an outlet for leaves so they won't go into the landfill. Also, all during November, people can take leaves and grass clippings to the transfer station. Wheeldon moved and Tuck seconded to authorize Wanderscheid to work with Ashland Sanitary to spend up to $300 for advertising. Wanderscheid stated it may be possible to get something in the City Source, however, it is too late to get anything into the utility bill stuffers. It was also suggested Henry could write a letter to the editor regarding this. NEW BUSINESS: Budget—There have been no new expenditures. November/December Meeting Date- The combined November/December meeting date will be on December 8. ADJOURNMENT—The meeting adjourned at 8:45 p.m. Ashland onservation Commission 2 Minutes August 25, 1999 SOCIAL & HUMAN SERVICES AD HOC COMMITTEE Monday, October 25, 1999 Meeting Minutes Members present included: Patty Claeys, Peg Crowley, Sharon Shreiber,Arnie Green, Hilary Best„ Rita Sullivan, Jane Hamilton, Senior Program Director Sharon Laws, and Councilor Steve Hauck. Staff present: Derek Severson. INTRODUCTION: Councilor Hauck called the meeting to order at 7:32 p.m. The members introduced themselves, and Hauck explained the goal of this evening's meeting as both defining the city s role and philosophy in providing services and determining a funding plan. Hauck also briefly reviewed the background materials that had been sent to those present. REVIEW COMMITTEE CHARGE AND CURRENT PRACTICES,AND DISCUSS PROCESS FOR REVIEW OF CITY'S ROLE IN THE DELIVERY SYSTEM Peg Crowley of the Community Health Center stated that she does not question the city's commitment to human and social services, and that she recognizes that there are financial constraints. However,she noted that needs and priorities have not been revisited in quite some time. Suggested that since funding is often based on historic experience there may be a need to review priorities to adequately address the true breadth of need within the city. Crowley also questioned if word is getting out about available services. Noted that there is a need to find a way to make funds grow, increase the programs supported, and improve the overall safety net. Arnie Green of Community Works suggested that there is a need for an environmental scan as a starting point, and noted that this could be either Ashland-specific or an extrapolation taken from County data. Green questioned growth of the city budget compared to the growth of the human services portion thereof. Hauck clarified that the portion committed to human services is tied to growth of the generall fund by resolution. Rita Sullivan of OnTrack noted that her organization has been hesitant to request funding as they do not want to threaten the availability of other services. Stated that she would like to have information available on the programs being supported and the services offered. Crowley noted that there is a need to look at overlaps between agencies,and discussed the possibility of increasing support for social services through education. Also suggested the possibility of setting up a trust fund to fund human services. Emphasized that there is a need to be creative in finding funds beyond that provided by taxes. Hauck agreed that gathering information about service delivery would be a valuable first step, and questioned those present about the preferred process for gathering that information. Hauck emphasized that city staff support is available as needed. Green recognized that information gathering will be labor intensive in determining clients being served by various agencies. Crowley suggested that each of the organizations represented could report about clients being served to give a general idea. Green questioned if data would be available from all organizations. Sullivan stated that information gathering should begin with safety net services that serve Ashland residents. Suggested getting numbers from these agencies as a point to begin with, and adding more information as it becomes available. 10/25/99 Health&Social Services Meeting Minutes Page 1 of3 Hauck emphasized that it is the committee's job to look at the city's philosophy, and to determine if there is a need to expand social services. Sullivan suggested that she views it as good if a client is using multiple services, and stated that they should look at the various agencies' philosophies. Hauck summarized the suggestions to this point, and noted that he or a staff member would contact agencies about the level of clients being served annually in Ashland, with a breakdown. It was suggested that a form be prepared to distribute to agencies in gathering information. Discussed information to be gathered as client's zip code, age, gender, whether they are single head of household, their income level, whether they are insured, their household size, their employment status, any other services being used, housing status, and ethnicity. Hauck suggested that there is a need to remain somewhat broad, and stated that gender,age, and basic numbers were sufficient. Crowley suggested that ethnicity should be looked at as well. Green asked that Ashland agencies also look at their payments for utilities in the city. Crowley agreed, and noted that Ashland-sited services should receive preference in city funding. Green noted Ashland will be a unique model for a virtual community center with the health, community and AFS centers. Suggested looking at city's investment in making this concept work. Crowley suggested that the committee also look at the services provided by churches and community groups, and also suggested looking at the role different agencies play in leveraging services to those community groups. Green noted the problem that exists because the city has no policy for addressing non-profits, as he felt having a policy in place would clear up any confusion. Hauck clarified that organizations sometimes receive credit for work they have done toward mitigating impacts, and that presently everyone pays SDCs according to impact. Sullivan questioned if there was any non-profit credit in SDCs. Hauck questioned what service delivery is occurring now, and asked the group who needs to be contacted besides the agencies represented here and church or community groups. Sharon Shreiber of CERVS suggested contacting Community Service's Ashland Foodbank. Crowley also suggested that state and county agencies and the senior program be contacted. Sharon Laws, Director of the Senior Program, suggested looking at service clubs and local schools that raise money and provide volunteer labor, and are rarely tracked. Green suggested also looking at BARC (Building A Resilient Community). Shreiber pointed out that the Headwaters Environmental Center can be considered as a resource. It was also suggested that Meals on Wheels be contacted, as well as the Hospital's school nurse program. Sullivan questioned if there are any other United Way agencies that are not represented here. Hauck clarified that a brief text-based description of current services would be sufficient, and stated that he would handle contacting the county and state. Shreiber stated that she would be willing to contact local churches. Green stated that he would contact BARC. Crowley noted that she would contact the hospital. It was also suggested that Caring Friends be contacted, and Hauck stated that he would speak to them. Crowley suggested contacting SORSI for demographics. Green noted his work on a web-site with Rebecca Reid, and suggested that demographic info may not be readily available. 10/25/99 Health&Social Services Meeting Minutes Page 2 43 Crowley suggested asking for service providers'perceptions of needs on the form to be distributed, to get a handle on the uninsured and underinsured, those at poverty level, vulnerable seniors, and etc. Crowley suggested that these demographics would be powerful and surprising. Green suggested looking at United Way and Civic League studies, as well as alcohol and drug surveys. Crowley questioned surveys value, noting that they typically include only what is absent in terms of services, rather than what is present. Shreiber questioned the timeframe involved in gathering this information. Hauck suggested that he would like the committee to complete their process during the fiscal year. Crowley suggested that there is a need to work within the next budget cycle. Hauck noted that the city's budget cycle for human and social services is every two years for social services,with the next year to be an off year. Green noted Chamber and Ashland Coalition efforts on strategic planning, and emphasized that City Administrator Mike Freeman has worked with them to look at technology in the non-profit sector. Green suggested looking at what technology various agencies have, and what additional technology they may need. Emphasized that he saw a possibility of getting free communications or internet service from the city. Crowley confirmed that this would give the city more than one way to support service delivery in the community. Green stated that with new technology, agencies could be tied together to provide unique case management teams with greater resources in a virtual community center. Hauck suggested that at this point, the starting point is to gather information on currently available services. Discussed the need to include a timeframe on survey forms, and ask agencies to look at past service and future projections. SET FUTURE MEETING DATES Hauck questioned how often meetings need to occur and on what days. Crowley noted that the design of the survey form should accommodate data collection, and stated that collectors/compilers should be involved in the form's design. Stated that looking at what is compiled may help to determine the need to meet. Crowley suggested that there is a need to look at data before planning meetings in the future. Hauck suggested completing the survey, and after the data is collected and collated, meeting again in the first week in December. After discussion, agreed that the next meeting would occur the 13`h of December at 5:30 p.m. in the Ashland City Council Chambers, 1175 East Main Street. V. ADJOURNMENT There being no further business, the meeting adjourned at 8:24 p.m. Submitted by Derek Severson, City of Ashland Planning Division 10/25/99 Health&Social Services Meeting Minutes Page 3 of3 r ASHLAND HISTORIC COMMISSION Minutes October 6, 1999 CALL TO ORDER At 7:45 p.m.,Chairperson Jim Lewis called the meeting to order at the Community Center. Members present were Terry Skibby, Jim Lewis, Dale Shostrom,Keith Chambers,Joan Steele and Vava Bailey. Also present were Associate Planner Mark Knox and Secretary Sonja Akerman. Members Curt Anderson, Gary Foll and Kay Maser were unable to attend the meeting. APPROVAL OF MINUTES Chambers moved and Bailey seconded the Minutes of the September 8, 1999 meeting be approved as submitted. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 99-108 Site Review 340 Oak Street A Street Marketplace, LLC Knox reported this application is for the conversion of Oak Street Tank&Steel to a marketplace. The existing building consists of three separate contiguous structures. It is ranked primary contributing in the Railroad District National Register of Historic Places. It was originally a fruit and produce building. Staff is happy with the renovation of the facade and building use. The exterior will remain relatively unchanged. The existing sliding door will be replaced with windows on the Oak Street side which will be similar to the Whittle Garage Building. The right side will be an open-air market, of which the top portion will remain corrugated metal. Most elements of this portion of the building exist, however, some crossbars will be added. The sidewalk along A Street will continue to Oak Street and in one area will go between the pillars and the building. A railing will occur along the front. Staff has suggested the owners eliminate the landscaping on the left section in order to utilize the area for public seating. This would add a human scale to the project and staff feels these areas are important. The Planning Commission will address concerns other than design. The new clock tower will be centered on Pioneer Street and somewhat mimics the Oak Street side. The squares on the entryway section are grillwork, not glass. Applicant Allan Sandler responded to a question on lighting by stating the lights will most likely be ground level and flare up on to the building. Skibby read #2 of the Secretary of Interior Standards and asked the applicants how much of the historic elements will be removed. Sandler replied the only change will be where the corrugated metal comes down on the right side,which is not historic anyway. He and his partner(Ed Bemis)want to keep everything historic, including the roof. Chambers asked if any of staffs concerns relate to the Historic Commission. Knox answered the only concern was answered in an elevation that was submitted at tonight's meeting. Sandler stated they will take care to clean up a lot of junk on the property. The building will be kept almost identical to what it is now. He said he and Bemis listened to previous concerns of the Commission and incorporated them into their proposal. Lewis related the building will maintain its historic character and noted the design has come a long way since the original proposal. Sandler added the material on the clock tower will match the concrete on the existing building. Architect Dave Richardson stated a lot of work has to be done to the building in order to keep its original historic look. He then explained the proposed color scheme. The base color will be rust on the railings and columns. The steel members will be deep green, as well as the entrances. The grillwork on the mullions for the windows on the Oak Street side will be yellow. The Xs on the right portion of the building will be blue or green with the rust columns. Knox asked for the size of the mullions and Richardson answered either 1%or 2". He also clarified the rods for the Xs will consist of two sets and will be relatively narrow. The columns are existing and they are 8 or 9 inches. The Xs will be added. Sandler added the concrete in front of the entryway will be stamped. Skibby noted the jog in A Street in front of this building is the demarcation between the Helman and Hargadine Donation Land Claims. When Shostrom asked about the openings, Sandler responded they will all remain the same, although some will be extended. Knox asked for clarification. Richardson explained no openings will be widened or closed in. He also said they will add clear story openings on the Oak Street side to match the rest of the building. Shostrom inquired if all windows shown on the submitted elevations are existing. Sandler replied they are, however,some are covered with plywood and these will be exposed. Shostrom then asked about the clock tower. Bemis stated the cement will look like the original building. Shostrom asked about the side elevation of the clock tower. Richardson said he has not drawn the details for the roof yet, but that portion of the building will step back. Sandler added the tower will be at least as deep as it is wide. Shostrom said his only concern is the change from the galvanized metal bars that are proposed to be painted. He would not like that portion to look too modern. Sandler said the color of the bars will be for highlight only,the massing of the building is gray. Lewis said he would rather comment on the colors when it comes time to paint. Overall,the Commission thinks the architect and applicants have done a nice job. Steele moved to recommend approval of this application to the Planning Commission as far as the design is concerned,noting the Commission would like to seethe openings on the west end of the building retained. Bailey seconded the motion and it was unanimously passed. Sandler thanked the Commission for its involvement and said he appreciated the input. He said this has been a cooperative effort and he is looking forward to a much better project than what it started out to be. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of September follow: 307 North Main Street Glen & Fran Thomsen Foundation 289 Idaho Street Lucy Strasburg SFR 365 Scenic Drive George Psomas Addition 365 Scenic Drive George Psomas Bath House 155 Eighth Street Jane Stewart Shed Dormer Addition 46 Union Street Eric Laursen Reframe Existing Roof on Garage 25 North Main Street Ashland Holdings LP Masonic Temple Remodel 67 East Main Street Wells Fargo Bank Re-roof 25 North Main Street Ashland Hardwood Gallery Sign 92 North Main Street Oregon Homes Loans Sign 300 East Main Street Wolf& Son Sign 5 North Main Street Gateway Realty Sign REVIEW BOARD Following is the September schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: October 71" Skibby, Steele and Bailey October 14' Skibby, Shostrom and Lewis October 21� Skibby, Shostrom and Lewis October 28' Skibby, Steele and Bailey OLD BUSINESS Project Assignments for Planning Actions PA#96-086 685"A" Street Anderson and Lewis PA#97-018 661 "B" Street Lewis PA#98-039 Holly Street Steele and Lewis PA#98-045 122 Church Street Bailey Ashland Historic Commission Minutes October 6, 1999 2 PA#98-047 Between 548 &628 North Main Street Foll PA#99-020 525 "A" Street Lewis PA#99-062 Van Ness Avenue Foll PA#99-102 141 Lithia Way Shostrom PA#99-108 340 Oak Street Shostrom Grant for National Register Web Site Knox stated everything was completed and mailed to the National Park Service. He commended Brandon Goldsmith(from the Planning Division)for the work he had done in formatting the photos and creating the hyperlinks. He also thanked Steele for the narratives and Skibby for the historical photos. Staff will make certain this is publicized as soon as it is on the Internet. Southern Oregon Training Workshop Knox, Skibby, Lewis and Bailey discussed the workshop they attended, and talked about where Ashland is compared to other communities relating to historic preservation. NEW BUSINESS Goal Setting/Orientation Meeting The Commission decided the best date would be prior to the January 5,2000 meeting. Members will think about topics,including where the problems are and information they would like to know more about, and bring these back to the next meeting. Open House Lewis related it would be well worth the trip to Central Point to go through the Chavner Family House on October 16. ADJOURNMENT With a motion by Bailey and second by Steele,it was the unanimous decision of the Commission to adjourn the meeting at 9:35 p.m. Ashland Historic Commission Minutes October 6, 1999 3 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES September 20, 1999 ATTENDANCE: Present: Teri Coppedge, JoAnne Eggers, Sally Jones, Rick Landt, Council Liaison Don Laws Absent: Laurie MacGraw I. CALL TO ORDER Chair Eggers called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main. II. ADDITIONS or DELETIONS TO THE AGENDA None III. APPROVAL OF MINUTES A. Regular Meeting - August 16, 1999 Commissioner Landt made three corrections to the minutes: • On the first page, approval of the minutes for the Regular Meeting, third bullet, that the word "was" should be substituted with the words "were not". • On page 9 in the first paragraph, regarding the cost of lighting for the N. Mountain Park sports fields, he said he would like added that staff had indicated the cost would be $150,000- $200,000 plus in-house labor and approximately$300,000 if the labor were contacted along with the materials. • And, on page 11 during discussion of the decision making matrix related to fish barriers in Ashland Creek, that the matrix itself be added to the minutes so that the minutes will be more clearly understood. Commissioner Coppedge indicated that on page 13 she would like the name of the architectural firm working on the clubhouse design, Ogden, Schmitz and Associates, be added for clarity. Commissioner Coppedge made a motion to approve the minutes as corrected. Commissioner Jones seconded. The vote was: 4 yes - 1 abstain (MacGraw) IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Coppedge made a motion to approve the previous month's disbursements as indicated by Accounts Payable checks #26116-26463 and Payroll related checks # 100206- 100412 in the amount of $611,816.51. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Open Forum None Regular Meeting- September 20, 1999 Page 2 of 5 Ashland Parks and Recreation Commission VI. OLD BUSINESS A. Greenway Park Node - parking spaces Director Mickelsen briefly reviewed information related to the design for development of the Greenway Park node at the trail head for the Bear Creek Greenway Trail below Nevada Street and adjacent to the dog park. In May of 1998, the Commission had approved the basic layout of the park node and what amenities would be included in the area. He said that Commissioners Eggers and Coppedge had indicated interest in reducing the number of parking spaces that would be included on site and that was the purpose of the agenda item. To that end, Mr. Mickelsen said Greg Covey, landscape architect who has been refining the plan, had developed an alternative, revised parking layout as depicted in the Schematic Site Plan dated September 8, 1999 which illustrates the reduction of 7 spaces, from 35 to 28. Mr. Covey was present in the audience to answer questions if needed. In response to a question from Commissioner Jones, Director Mickelsen said that there was no concrete reason for having provided 35 spaces in the original plan. There are no planning guidelines for this kind of situation. It all boils down to estimating reasonable need. Because the parking area will provide parking for the heavily used dog park as well as an entry point to the Greenway Trail it was originally felt that 35 spaces would be appropriate— but there is no magic number. Commissioner Eggers said that at the time the site plan was adopted there had been discussion about providing as few spaces as reasonably possible for two reasons: first, that there was alternative parking close by at Helman School which would not be in use during what will probably be peak time use for the park node, and, secondly, to support the value of using alternative means of transportation such as walking. Although she supports providing an adequate number of parking spaces, she did not want to go overboard. Commissioner Coppedge said that she also supports a minimum number of parking spaces in the area in order to encourage people to "walk if they are going to walk." However, she said that she believed that because of the proximity of the dog park and the sometimes conflict between pedestrians and bicycles and dogs on or off leashes she felt that there needs to be adequate parking in the area. She said she did like the alternative traffic plan as depicted in the September 8'^ schematic. Commissioner MacGraw said that she also likes the traffic plan as depicted. She said that she believed 28 spaces would be adequate. Commissioner Landt said that perhaps 28 spaces would be needed but that he would prefer to be even more conservative and suggest that 20 spaces be developed with the intent that the plan include the option of adding more spaced if needed. He said that he uses the areas on almost a daily basis and believed that 20 spaces would be adequate particularly because of the close proximity of Helman School which has an empty parking lot evenings and weekends. He also mentioned his interest in providing a safe access from Nevada into the park node. In discussion of the idea of reducing the number of spaces from 28 to 20, Greg Covey said that eliminating the middle parking bay would be an option. In response to a question by Commissioner Eggers, Mr. Covey said that the parking on this plan was the only parking which was being considered for the dog park. Regarding sharing paths and safety, Mr. Covey said that those items would be more clearly addressed on the final plan. . Regular Meeting- September 20, 1999 Page 3 of 5 Ashland Parks and Recreation Commission Parking spaces for Greenway Park node-continued Referring to comments some people in the community have expressed that some of our parks do not provide adequate parking, and, if it is our intent to provide parking for the node, Commissioner Coppedge said that she believed the 28 spaces current depicted would be appropriate. Commissioner Eggers expressed her interest in keeping the amount of impervious space to a minimum and that that was one of her interests in keeping parking to a minimum. Bringing a different perspective, Councillor Laws commented that he was a "fair weather walker" and said that he likes to go to the Greenway sometimes just to walk; but, if he had to walk from Heiman Street, he probably wouldn't go to the Greenway anymore, he would probably go somewhere else. He said that one way to consider parking would be that it would encourage more walking for the "fair weather walker" who needs to begin their journey at the site. He also said that once the park node is built he anticipates that the usage of the Greenway Trail will increase quite a bit. MOTION Commissioner Landt made a motion to accept the revised parking plan as depicted in the Schematic Site Plan dated September 8, 1999 which provides 28 parking spaces with the understanding that all best practices will be used on site similar to what is being used at N. Mountain Park. Commissioner Jones seconded. Commissioner Eggers said that given the conditions and being persuaded by the argument that people might not actually use the Greenway they could not park as close as this allows, she had been convinced to support the plan as presented. The vote was: 5 yes -0 no Director Mickelsen said that the next step would be for Mr. Covey to develop the final details for the plan which would then be brought back to the Commission for approval. In response to a question from Commissioner Landt, Mr. Covey indicated that there would be construction documents related to the hard scape but not the other aspects of the plan. Director Mickelsen that actual development of the approved plan would primarily take place in-house. B. Discussion related to adopted policy related to bids for materials After brief discussion, Commissioners chose to address this topic at the Regular Meeting in October. VII. NEW BUSINESS • Job Description and Performance Review form for position of Parks and Recreation Director Having previously reviewed a draft for a Job Description and Performance Evaluation Review form for the position of Parks and Recreation Director. Commissioners discussed the manner in which they would like to proceed to move forward. Commissioner Eggers said that she believed that the topic would be best addressed by the entire Commission utilizing the services of a facilitator. Commissioners Jones, Coppedge and MacGraw said that they did not believe that developing a job description and performance evaluation form and process needed the assistance of a facilitator. Indicating that she has had prior experience in this area and has reviewed several models for job descriptions and review forms, Commissioner Jones said that she would enjoy working on and drafting a working model for the Commission to consider. Commissioner Landt indicated that he was a firm believer in having preliminary work take place before the entire body considers it as a whole. Therefore, he would support establishing a committee to work on the Regular Meeting-September 20, 1999 Page 4 of 5 Ashland Parks and Recreation Commission Developing a Job Description-continued task, then bring it back to the full Commission for review and approval. He said that he did not believe that having a committee work on the task and utilizing a facilitator needed to be mutually exclusive. If at some point this task, or any task, became too contentious a topic among Commissioners, he would then support using the services of a professional facilitator. After some further brief discussion, by consensus, Commissioners decided to move forward utilizing a Commission committee to refine a draft job description and proposed review form and process for the position of Parks and Recreation Director. By consensus, it was decided that Commissioner Coppedge would work with Commissioner Jones on the task and that they would bring draft recommendations back to the full Commission for review and approval. VIII. COMMUNICATIONS and DIRECTOR'S REPORT Director Mickelsen gave a brief review of the status of various projects currently underway: • Staff anticipates beginning construction of the new clubhouse for Oak Knoll in October and to have it completed by early spring. A temporary trailer will be placed on site for the Pro Shop while the new facility is being constructed. • Related to the driving range, construction of the dam and filling a portion of the pond is completed. The next step is to complete the tee area. This spring it is anticipated that the remaining ponds will be completed and the netting for the driving range will be put in place. Hopefully, the driving range will be ready for use by late spring. • In the active area of N. Mountain Park, the irrigation, drainage, placement of sand and final grading, and placement of backstops and fencing has been completed. This fall we will be working on infield material and seeding, parking lots, the bike path, bridge, buildings and associated landscaping. • In the natural area, the shelter, improvements to Bear Creek, upgrading the wetland area, improvements to Beach Creek and the associated sediment pond has been completed. Still to work on this year is the restoration work on the flood plain and the restoration of the Resource Center which, hopefully, will be completed this coming spring. • N. W. Biological Consulting indicated that design work related to fish barriers in Ashland Creek should be ready for the November meeting. Monies will need to be allocated in fiscal year 2000-2001 for this project. • The Master Plan design process for the Calle Project is continuing with master plan presentation scheduled for October 12, 1999. The 2000-2001 Department budget includes $200,000 for this project. • For the contracted playground work the Department is performing for Ashland School District, the Heiman School playground is almost completed and the Briscoe School playground should be completed by the end of December. • The addition to the cover for the Darex Ice Rink will be put in place this fall. • Other projects which will be addressed this year are the development of the Greenway Park node, improvements to Clay Street Park, and improvements to the YMCA City Park. Following the presentation, after some brief discussion, it was decided that it would be helpful for Commissioners to receive a written status report on projects on a quarterly basis, perhaps in conjunction with the quarterly financial statement. I In response to a question from Commissioner Landt related to the process for making a decision regarding lighting sports fields at N. Mountain Park, Director Mickelsen said that the process had not yet been defined. As indicated in the August Regular Meeting, the Department was gathering information and at least one Study Session would be scheduled. Chair Eggers said that a possible goal would be to address the topic in November and that it was not anticipated that it would appear Regular Meeting-September 20, 1999 Page 5 of 5 Ashland Parks and Recreation Commission before the Commission prior to then. Commissioner Landt said that he was very interested in developing a community building process related to this topic so that some common ground could be reached among the interested parties, both those who will be using the sports facilities, the neighbors, and those with environmental concerns. He said that he believed that there is a potential to reach a common ground and that the kind of process used may be critical. IX. ITEMS FROM COMMISSIONERS Commissioner Jones suggested that it would be beneficial to develop a city-wide map of all the sports fields which currently exist on all properties—city, SOU, and the school district. Director Mickelsen said that when N. Mountain Park was in the initial planning stages that such a map was developed. He indicated that he would pull out that information and double check to be certain that it was still current. Included with the information would be all the joint agreements which are in place related to maintenance and usage of the sports fields. Commissioner Landt said that he would like to have the Commission develop a policy related to use of lights in parks; in effect, a policy which would indicate that lighting in parks would follow best guidelines related to minimizing light trespass or light pollution. He said that he believed there would be community support for such a policy. By consensus, Commissioners indicated that they would be supportive of developing such a policy with the intent of putting a policy in place within the next few months. Commissioner Landt volunteered to gather information and to work with staff on a draft policy which could be presented to the Commissioners. X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS The next Regular Meeting is scheduled for Monday, October 18, 1999. As indicated during the budget setting process last year, it was suggested that it would be an appropriate time to begin reviewing the criteria for allocating community monies associated with the Youth Activities Levy. A Special Meeting related to the Calle Project is scheduled for October 12, 1999. Xl. ADJOURNMENT With no further business, by consensus, Chair Eggers adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department Do ` Council Communication I Department of Community Development () Planning Division November 2, 1999 QS7 Submitted by: Mark Knox ✓N��� Approved by: Mike Freeman!,'_ Title: Planning Action 99-062 is a request for Site Review Permit for the construction of six apartment units (three duplexes) located on Van Ness Street between Helman and Laurel Streets. Applicant: Dave Greene This is an appeal of a Planning Commission decision approving the request, filed by Rob Hirschboeck and a number of petitioners. Synopsis: O On August 10, 1999, the Ashland Planning Commission approved the Site Review request filed by the applicant to construct six apartment units (3 duplexes). The findings supporting that Q decision were adopted by the Planning Commission on September 14, 1999. A timely appeal was v filed by Mr. Rob Hirschboeck on September 21, 1999 on behalf of multiple petitioners. Multi-family development is a permitted use in the R-3 zone of this neighborhood, and the proposed density is within base density calculations. Access for the parking is proposed from the abutting alley. Substantial concern was raised by the neighborhood regarding the alley access, and that it was not the appropriate way to access parking for this development. The Planning Commission disagreed, finding that alley access is encouraged by our ordinances and plans, and that the Site Design and Use Standards encourage a streetscape that is not "auto-related" (driveways, parking,etc...) when other options exist. The key issues raised in the appeal appears to be the Commission's decision to base their findings on the Site Review criteria and not the policies of the City's Comprehensive Plan. As the City Council is aware, the land use ordinances and criteria are the implementing measures for the goals and policies of the Comprehensive Plan. Plan policies cannot be used as stand alone criteria when adopted ordinances are in place to clearly implement the policy. Recommendation: The decision of the Planning Commission to approve the request is well documented through the attached minutes and findings. The issues raised by the staff were outlined in the previous staff reports and addressed by the applicant. Additional information is also attached in response to the appellant's appeal letter. t Land use appeals are heard by the Council de novo, and the decision is based upon all information in the record and testimony presented during the public hearing. The City Council's decision shall be to approve, approve with conditions, or deny the request as submitted. Staff recommends that the Council approve the request as submitted, with the conditions attached by the Planning Commission. While we understand the concerns of the neighborhood, especially regarding the alley access, we believe that it is important for the Council to approve such a request when it is found to meet all applicable standards, requires no variances, and supports the overall design concepts of the City. Background Information: The record for the planning action is attached, including all submittals by the applicant, staff reports, minutes of the public hearings, written information submitted during the public hearings, and the findings approving the request. J 14 r- .5 � I RECORD FOR PLANNING ACTION 99-062 REQUEST FOR SITE REVIEW PERMIT FOR THE CONSTRUCTION OF SIX APARTMENT UNITS (THREE DUPLEXES) LOCATED ON VAN NESS STREET BETWEEN HELMAN AND LAUREL STREETS. COMPREHENSIVE PLAN DESIGNATION: HIGH DENSITY MULTI-FAMILY RESIDENTIAL; ZONING: R-3; ASSESSOR'S MAP #: 39 1 E 04 CC; TAX LOT: 2700, 2801 APPLICANT: DAVE GREENE • Notice map and relevant criteria ........................................................................1-2 • Affidavit of Mailing and mailing list.....................................................................3-8 • Request for appeal ..........................................................................................9-19 • Findings of Fact submitted by the applicant...................................................20-31 • Planning Department Findings of Fact dated September 14, 1999...............32-36 • Planning Commission Minutes dated August 10, 1999 .................................37-43 • Testimony Request forms from the August 10, 1999 Planning Commission Meeting..........................................................................................................44-56 • Planning Department Staff Report dated August 10, 1999............................57-66 • Historic Commission Minutes dated August 4, 1999 .....................................67-69 • Letter from Greenewood Homes dated August 5, 1999 ............................70-70-A • Notice map and relevant criteria ....................................................................71-72 • Applicant's Findings and attachments dated May 5, 1999.............................73-88 • Letter from State of Oregon dated August 2, 1999.............................................89 • Letter from Atlas Environmental Company dated August 2, 1999......................90 • Street Tree Commission Site Review dated .......................................................91 • Letter from Drew Lamb dated June 22, 1999 ................................................92-93 • Submission from neighbors dated August 2, 1999 ......................................94-105 • Letters from Lois Van Aken dated July 28, 1999.......................................106-110 • Letter from Sheri Bowland dated June 24, 1999........................................111-112 • Letter from Sheri Bowland dated June 30, 1999............................................... 113 • Letter from Barbara Knapp ............................................................................... 114 • Submission from Rob Hirschboeck & Lois Van Aken dated August 2, 1999 115-120 • Letter from Al Wilstatter submitted May 26, 1999.............................................121 • Letter from Kevin Boog dated June 24, 1999 ....:..............................................122 • Letter from.Eva Cooley submitted June 15, 1999......................................123-124 • Letter from Barbara Knapp dated June 15, 1999 .............................................125 • Public Hearing Notices...............................................................................126-128 • Planning Commission Minutes dated May 11, 1999.........................................129 • Letter dated June 23, 1999 from Dave Greene ................................................ 130 • Affidavit of Mailing and mailing list.............................................................131-133 Areamap .......................................................................................................... 134 • Planning Application dated May 6, 1999 ...................................................135-136 Applicant's plans........................................................................................137-144 Notice is hereby given that a PUBLIC _'ARING on the following A copy of the applicat"~ell documents and evidence relied upon by the applicant reques7 with respect to the ASHLAND".413 USE ORDINANCE will and applicable criteria ]vailable for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available (or be held before the ASHLAND CITY COUNCIL on November 2, inspection seven days prior to the hearing and will be provided at reasonable cost, 1999 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East if requested. All materials are available at the Ashland Planning Department,City Main Street, Ashland, Oregon. Hall, 20 East Main Street,Ashland,Oregon 97520. During the Public Hearing,the Mayor shall allow testimony from the applicant and The ordinance criteria applicable to this application are attached to this notice. those in attendance concerning this request. The Mayor shall have the right to limit Oregon law states that failure to raise an objection concerning this application, either in person or by letter,or failure to provide sufficient specificity to afford the the length Unless testimony a require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant at requests before the decision maker an opportunity to respond to the issue,precludes your right of appeal conclusion of the hearing,the record shall remain open for at least seven days after to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which the hearing. If you have questions or comments concerning this request,please feel ordinance criterion the objection is based on also precludes your right of appeal to free to contact Susan Yates at the Ashland Planning Department,City Hall,at 552- LUBA on that criterion. 2041 if Property Requesting Site Review for six units (3 duplexes) Tax lots 04CC 2800, 2801 (/q N ZY P 5 , z PLANNING ACTION 99-062 is a request for Site Review for the construction of six apartment units (three duplexes), located on VanNess Street between Helman and Laurel Streets. Comprehensive Plan Designation: High Density Multi-Family Residential;Zoning: R-3;Assessor's Map#: 39 IE 04CC;Tax Lot: 2700,2801. APPLICANT: Dave Greene , SITE REVIEW 18.72.050 Criteria for Approval. The following criteria shall be used to approve or deny a site plan: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review Chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991 ) AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson 1 The undersigned being first duly sworn states that: 1 . 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On October 8 , 1999, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached notice to each person listed on the attached mailing list at such addresses as forth on this list under each person's name for Planning Action # 99-062 .i.i< w/ 7{( . �e�-Lc✓ate SIGNED AND SWORN TO before me this 8th day of October , 1999. GFFICIALSEAL Notary ublic for State of Oregon SONJA N AKERMAN My Commission Expires: NOT.4HY PUBLIC OREGUN COMMISSION NO. 310793 MY COMMISSION EXAIAES APRII 6.7W2 Eva R. Cooley 99-062 John Freedom 99-062 Paul Galloway 99-062 143 VanNess Ave. Mira Luna Freedom 157 VanNess Ave. Ashland, OR 97520 442 Holly St. Ashland,OR 97520 Ashland, OR 97520 Tika Squires 99-062 M. McLaughlin 99-062 Kathie Richey 99-062 195 VanNess Ave. 159 N. Laurel St. 196 Central Ave. Ashland,OR 97520 Ashland, OR 97520 Ashland,OR 97520 Elisabeth Kashin 99-062 Marie English 99-062 Todd Wolfe 99-062 188 Central Ave. John A. Cash 14 B Street Ashland,OR 97520 180 Central Ave. Ashland,OR 97520 Ashland,OR 97520 Lois Van Aken 99-062 Coppelia Demele 99-062 Daniel Roberts 99-062 140 Central Ave. Ron Demele 1070 Anderson Creek Rd. Ashland,OR 97520 164 '/3 Central Ave. Talent,OR 97540 Ashland,OR 97520 Adolfo Zanollo 99-062 Alex Robertson 99-062 Paul Eeckiel 99-062 119 VanNess Ave. 175 Helman St. 159 Helman St. Ashland,OR 97520 Ashland,OR 97520 Ashland,OR 97520 Erin Von Preising 99-062 Alfred Willstatter 99-062 Barbara N. Ross 99-062 131 Helman St. 128 Central Ave. 148 Central Ave. Ashland,OR 97520 Ashland,OR 97520 Ashland,OR 97520 Kevin Boog 99-062 Jan Williams 99-062 David Campbell 99-062 140 %x Central Ave. 143 VanNess Ave. 171 VanNess Ave. Ashland, OR 97520 Ashland,OR 97520 Ashland,OR 97520 Russell Rutkai 99-062 Kim Nicholson 99-062 Gordon Haas 99-062 179 VanNess Ave. 166 N. Laurel St. 158 N. Laurel St. Ashland,OR 97520 Ashland,OR 97520 Ashland, OR 97520 Tajai Donahoo 99-062 LaRae Jensen 99-062 Kim Blackwolf 99-062 165 '/2 VanNess Ave. 767 Oak St. 145 Central Ave. Ashland,OR 97520 Ashland,OR 97520 Ashland,OR 97520 y ' 99-062 391E04CC 1100 99-062 391E04CC 1200 99-062 DELSMAN JOSEPH W/ELAINE DOOMS ROBERT L 555 FAIRVIEW 4624 S . PACIFIC HWY #43 ASHLAND, OR 97520 PHOENIX, OR 97535 391E04CC 1300 99-062 391E04CC 1400 99-062 391E04CC 14;61 99-062 GARFAS JOE/PAT DARST RICHARD J THOMPS0N ,6YLVIA TRUSTEE 1188 TYLER CR RD 2113 KIMBERLY DR 237 ELM,,ST #202 H"" ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 SAN �EO, CA 94401 391E04CC 1500 99-062 391E04CC 00 99-062 391E04CC 00 99-062 HAWKINS ROBERT R JR TRUSTEE CAMPBEL DAVID ALLAN MEADS AR LD S TRUSTEE 1639 39TH AVE 171 V NESS 121 S L RE ST SAN FRANCISCO, CA 94122 ASHL D, OR 97520 ASHLAN , OR 97520 391E04CC 3100 99-062 391E04CC 1600 99-062 391E04CC 00 99-062 BOWLAND SIDNEY J/SHERI L YOUNG BRIAN D/MARGO S GALLOWAY PAUL E/KIMBERLY D P 0 BOX 1103 1351 NORTH VALLEY 157 VA NESS TALENT, OR 97540 ASHLAND, OR 97520 ASHLA , OR 97520 391E04CC 2900 99-062 391E04CC 2800 99-062 391E04CC 2700 99-062 HIRSCHBOECK- ROBERT WM COOLEY EVA R TRUSTEE FBO GREENE DAVID E TRUSTEE 71 SCENIC DR P 0 BOX 53 167 OXFORD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391E0ICC 26 99-062 391E04CC 2200 99-062 391E04CC 280 99-062 ZANOTTO A LFO R/NOREEN HADDAD JOANNE M GREENE D E TRUSTEE 119 VAN SS 6795 RAPP LANE 167 0 D ASHLAND OR 97520 TALENT, OR 97540 AS OR 97520 391E04CC 3900 99-062 391E04CC 2300 99-062 391E04CC 4000 99-062 MODRICH MARY BAPTIST CAROLE L DEMELE RON 170 CENTRAL AVE 301 ESSEX DR W P 0 BOX 1818 ASHLAND, OR 97520 ALAMEDA, CA 94501 WEAVERVILLE, CA 96093 391E04CC 4200 99-062 391E04CC 2400 99-062 391E04CC 4300 99-062 SILBOWITZ ALFRED I/VIRGINIA DAVIES RONALD LARRY ROSS SANDRA LYNN TRSTEE FBO 1601 E NEVADA ST 6795 RAPP LN 148 CENTRAL AVE ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 391E04CC 4100 99-062 391E04CC 400 99-062 391E04CC 2500 99-062 VAN DE VELDE BEN VAN AKEly LOIS ERLA DAVIES RONALD L 164 CENTRAL 140 CEYTRAL AVE 6795 RAPP LN ASHLAND, OR 97520 ASHLA D, OR 97520 TALENT, OR 97540 I I Kim Blackwolf 99-062 Teri Wilson 99-062 Alan Sommers 99-062 135 Laurel St. 152 Helman St. 117 Helman St. Ashland, OR 97520 Ashland, OR 97520 Ashland,OR 97520 Joan D. Drager 99-062 Emmett Boozer 99-062 Bob Evoniuk 99-062 123 Central Ave. Jean Boozer 160 Central Ave. Ashland,OR 97520 148 N. Laurel St. Ashland,OR 97520 Ashland,OR 97520 Patricia Halleran 99-062 Troy Klima 99-062 Arnold S. Meads 99-062 160 '/:Central Ave. 160 VanNess Ave. 121 S. Laurel St. Ashland,OR 97520 Ashland, OR 97520 Ashland,OR 97520 i99,p62 9p0 lEp GG p bog3a 3a 1 9G L R� 18 6(39'3 B SeNDE eCM�VER i5'I' ' A 9 DEM£EZ caRN4P S�oP 1j 15 WEA ASµLPND � IEwehio Eo SEMOEI - NOT DELIVEFtABLF AS AnOF[SSED - UNABLF TO FORWARD 99,(362 39" R C 6p1 DpR 3 K1MB F AR KL�ATH �v^ 391E04CC 4500 99-062 391E04CC 4700 99-062 391E04CC 4800 99-062 WILLSTATTER ALFRED TRUSTEE DELSMAN C H/MARGARET ANN PLATKO C JUANITA P O BOX 274 360 OXFORD 200 SOUTH DOLLIVER STREET ASHLAND, OR 97520 ASHLAND, OR .97520 PISMO BEACH, CA 93449 391E04CC 4600 99-062 391E04CC 49Q . 99-062 MYER LOU ANN SOMMERS AI, /PHYLLIS NORRIS 1)0 01-00' � 116 CENTRAL AVE 117 HELM- ST ASHLAND, OR 97520 ASHLANjJ OR 97520 Todd Wolfe 99-062 \� 14 Street U Ashland,OR 97520 RETURN TO SENDERvy� y� WOLFE GENERAL DELIVERY 391E04CC 14 99-062 ASHLAND OR 97520-9999 THOMPSON /LVIA TRUSTEE 237 ELM #202 SAN MA CA 9440 OV THOM23 944013002 1599 RETUR TO SENDER TROMP ON PO B X 201 ASHL ND OR 97520-0007 391E04CC 4000 99-062 DEMELE A! W P 0 BOX 1818 WEAVERVILLE, CA 96093 v, DEME616 96093 RETURN TO SENDER144 1C C?'5 1�1` DEMELE 164 1/2 CENTRAL ASHLAND OR 97520-1715 E :`cT `cSe 91EO4CC :. l�EEpXFDAVjp E 99-062 . ASH N ORD TRUSTEE DEL MAN C OR 9j520 11p0 555 �OSEp 9g, ASHLAND RVLEW H W/ELAEE 2 1 Rob Hirschboeck 147 Van Ness Ave , OR 9 Ashland , OR 97520 y R4-7-E UR 3S F Cu Sr Z11A 7'0 A A41-,q / HIRS147 975 NO O FORWAR•!B DIME t�P01q{�1� R 9jS20_ 71 SCENIC ORDRROBERT WN 3�OB 97520-2666 ATTN: MEL- CLASSIFIED PUBLISH IN LEGAL ADVERTISING 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 November 2, 1999 at 7:00 p.m. at the Ashland Civic Center, 1.175 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 Site Review for the construction of six apartment units (three duplexes) located on VanNess Street between Helman and Laurel Streets. Comprehensive Plan Designation: High Density Multi-Family Residential; Zoning: R-3; Assessor's Map #: 39 lE 04 CC; Tax Lot: 2700, 2801. Barbara Christensen City Recorder Publish: 10/20/99 P. O. No. 36190 r Received from �CITY OF ASHLAND 60050 �(yy p ^n p For Date _I Cj-1 19 Cash ❑ Account Number check �] �SJj -- a Amount umber —— __ __--- Account N Amount --- -- --- --- --- I -- --- -- --- -- --- — --- -- --- --- -- --- --- y s'=' L — --- --- --- — By- TOTAL $ SO-CC) r • 71 Scenic Drive Ashland,OR 97520 RECEIVED ',"---P 2 9 1999 September 21 , 1999 RE: City of Ashland Municipal Code, Title 18, Chapter 18.108 (PROCEDURES), Paragraph 18.108.110 (Appeal to Council) Mr. Mike Freeman City Administrator, City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Mr. Freeman: Subject: Planning Action # 99-062 Pursuant to the provisions of the above reference this appeal, of the City Planning Commission's resolution to approve the above subject action dated 09/14/99 see enclosure 1 , is submitted. The proposed development circumvents the City of Ashland Comprehensive Plan, violates provisions of the Municipal Code and Oregon Revised Statutes. In this matter the Community Planning Department and subsequently the Planning Commission failed to meet the requirements of the Law. This behavior serves only to: 1) irrevocably alter the Historic District of our town; and 2) as a precedent to be followed elsewhere in the community; and this has not served the best interest of the citizens of Ashland. The facts upon which Planning Action 99-062 should not be approved are attached to this correspondence (see enclosure 2). Therefore and in light of the resolution to approve the subject planning action, the below signed, who owns the property at 147 Van Ness Avenue and who resides at 71 Scenic Drive, having spoken on this matter at the Planning Commission's public hearing, together with those whose names are included as signatories (see enclosure 3) are initiating this action. A check in the amount of $250.00 , as a filing fee, is attached (see enclosure 4). Respectfully, Rob Hirschboeck Enclosures (4) - Planning Commission Resolution dated 09/14/99 Facts Bearing on the Matter Signatures of Citizens Check/Filing Fee VIDEO TA7E OF PUBLIC V1EAA%AC2 RECEIVED 2 9 1999 BEFORE THE PLANNING COMMISSION SEPTEMBER 14 , 1999 IN THE MATTER OF PLANNING ACTION #99-062 , REQUEST FOR ) A SITE REVIEW PERMIT FOR THE CONSTRUCTION OF A SIX ) FINDINGS, UNIT APARTMENT COMPLEX BETWEEN HELMAN AND LAUREL STREETS . ) CONCLUSIONS AND ORDERS APPLICANT: DAVE GREENE ) - -- --- - - - - - - - - -- -- - - - -- - - - - - - - - -- - - - - -- - - - -- - --- - --- - - - - - - - - RECITALS : 1) Tax lots 2700 and 2801 of 391E 4CC is located between Helman and Laurel Streets and is Zoned R-3 ; High Density .Multi-Family Residential . 2) The applicant is requesting approval to construct three two-unit residential buildings . Site improvements are outlined on the site plan and exterior elevation on file at the Department of Community Development . 3) The criteria for Site Review approval are as follows : A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation. of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on August 10 , 1999 , at which time testimony was received and exhibits were presented. The Planning Commission approved 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 index of exhibits, data, and testimony will be used. ENCLOSURE L � I 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 an "M" 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 to construct three two-unit residential buildings meets all applicable criteria for approval found in the Chapter 18 . 72 , Site Review. Conditions have been attached to the approval in order to insure compliance with City ordinances . 2 . 3 The Planning Commission finds that the project complies with Ashland' s Site Design and Use Standards and Site Review Chapter. Specifically, vehicle parking will be accessed off the alley, each unit has a open porch that identifies a strong sense of entry, and the design and scale of the three buildings are consistent with the impact area. In addition, landscaping and irrigation is to be provided in accordance with the minimum requirements . 2 . 4 The Commission finds that adequate public facilities are available to accommodate the proposal, including water, sewer, paved access, electricity and urban storm drainage . Specifically, the property fronts on an improved collector street with a rear alley that is proposed to be widened to 12 ' and surfaced with 3/4" minus crushed rock. Also, the development ' s storm drain line plans are to be reviewed and approved by the City' s Building and Public works Department . Such storm drain line will also accommodate additional off site storm water . SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that proposal to construct three two-unit residential buildings 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 • �t:L.Lld 1.i_; �i: z �JJv #99-062 . Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #99-062 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 prior to issuance of a building permit, the applicant shall submit to the staff advisor a revised landscaping/irrigation plan that incorporates the recommendations of the Ashland Tree Commission, Specifically, Conditions 1 through 5 on the Tree review form. Commission' s Site 3) That all landscaping and irrigation indicated on the approved landscaping and irrigation plans be installed prior to the issuance of a certificate of occupancy. 4) That all requirements of the Ashland Fire Department be met prior to occupancy of the structures, including surfacing and clearance width of alley, hydrant location and fire flows standards if applicable . 5) That the rear alley be widened to 12 ' and surfaced with 3/4 " minus gravel from Helman Street to the project ' s western most property line; with all work done under permit and approval of the City Public Works Department prior to the issuance of a Certificate of Occupancy. That 6) That the trash enclosure be installed and screened from public view prior to a Certificate of Occupancy. 7) That all requirements of the Ashland Electric Department be met prior to issuance of a building permit . 8) That prior to issuance of a building permit, the two subject lots shall be merged and all necessary easements be provided as required by the Ashland Engineering Department . 9) That prior to issuance of a building permit , a drainage plan shall be submitted and approved by Ashland Engineering Department . Such drainage plan shall also be designed and sized accordingly to handle the existing off-site surface water flowing on to the site . 10) That prior to issuance of a building permit , the applicant shall submit a revised parking plan showing the 17 ' wide van accessible space. The plan shall also identify a 5 ' - 6 ' landscape island with shade tree 13 r7� or two five foot landscape buffers on each end of the parking area . The applicant shall also submit revised building plans showing two of the proposed units as one bedroom units . 11) That prior to issuance of a building permit, the applicant shall submit a parking lot lighting plan . The plan shall identify low level lights that primarily illuminate the parking area only. 12) That prior to issuance of a building permit, the applicant' s building plans shall identify a water, sewer, and storm drain line to be located along the northwest property line. 13) That prior to issuance of a building permit, the applicant shall sign in favor of a future Local Improvement District for paving of the alley. 14 ) That bicycle parking be installed in accordance with the design provisions in Chapter 18 . 92 prior to issuance of a Certificate of Occupancy. 15) That the fencing along the parking area be wood and not chain link. Plann ng Commission roval Date FACT SHEET to the Appeal of Planning Actiori#99-062 RE: Oregon Revised Statutes, Chapter 197, Comprehensive Land Use Planning Coordination; and Chapter 227, City Planning and Zoning FACT #1 - ORS 197.010 (Policy) states: "The Legislative Assembly declares that: (1 ) In order to assure that the highest possible level of livability in Oregon, it is. necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans: (a) Must be adopted_ by the appropriate governing body at the local and state levels; (b) Are expressions of public pQlicy in the form of policy statements, generalized maps and standards and guidelines; (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans; (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and..." FACT #2 - ORS 197.175 (Cities' and counties' planning responsibilities; rules on incorporations; compliance with goals) states: (2) "Pursuant to ORS Chapters 195, 196, and 197, each city and county in this state shall: (d) If its comprehensive plan and land use regulations have been acknowledged by the commission, make land use decisions and limited land use decisions in compliance w*tlLthe acknowledged plan and land use regulations; and..." FACT #3 - ORS 227.170 (Hearing procedure; rules), states: (2) The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual information, including adopted comprehensive plans and land use regulations." FACT #4 - ORS 227.175 (Application for permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision without hearing.) states: (4) "The application shall not be approved unless the proposed development of land would be in compliance with the comprehensive { Ilan E Nc�osuRE 2 s _ Page 2 September 28, 1999 for the city and other applicable land use regulation or ordinance provisions." FACT #5 - The Planning Commission held a public hearing on August 10, 1999 pertaining to Planning Action 99-062. At that hearing the Chairperson of the Commission, Mr. Steve Armitage, admonished those present as follows: Opening of hearing: "If the information we receive is not directed towards the Standards or is otherwise not relevant that testimony may be limited..." Completion of testimony by Lois Van Aken: "...I was going to remind everybody that the job of the Planning Commission is to measure this (the development) against ordinances. The job of the City Council is to make changes. Ours is to measure and see if it meets the Standards." Beginning Commissioner discussion: "I think it is really important that each of you try to address the Site Review criteria...and determine whether any of the testimony does in fact negate any of the criteria for approval by ordinance..." FACT #6 - Subsequent to testimony presented by Mr. Rob Hirschboeck, Commissioner Fields sought clarification regarding the Comprehensive Plan and its applicability. Mr. John McLaughlin, City Planner, stated: "...Our Ordinances are based upon our Comprehensive Plan which is based on statewide goals...as we get down to our implementing ordinances, the things that say this is how you will develop your town, that they be reasonably clear and objective. That you set clear standards...what that does though is it does limit the discretion of the City in general to limit the plan (the development)...what you do have discretion over is: does it meet all the set back requirements, does it meet density, does it meet height, landscaping, certain design issues...that is were your discretion lies• is trying to make...understanding there is a certain number of units allowed on this property, is there a way to make it most compatible through landscaping and design features. That is where your discretion lies." DISCUSSION The statements of city officials (Messrs. Armitage and McLaughlin), made during the hearing of Planning Action 99-062, served to limit the scope of the hearing to the Site Design and Use Standards, Chapter 18.72 of the Municipal Code (see enclosure 5 - video tape of the hearing). Limited to evaluating the more prosaic aspects of a proposed development, this c apter is not a statement of public policy; rather it is an ordinance designed to insure quality development practices. The Comprehensive Plan is an expression of public policy and exists to assure that all public actions, which includes those prosecuted under the provisions of Chapter 18.72, are consistent and coordinated with the policies expressed through the Comprehensive Plan. Therefore the absence of an impartial hearing regarding these policies, and their applicability to the proposed development, resulted in city officials engaging in a practice of decision making that violates the City's acknowledged Comprehensive Plan. Ergo, the people of Ashland were deprived of a reasonable opportunity to submit their case before the commission. APPEAL OF CITY OF ASHLAND PLANNING ACTION #99-062 -------------------------------------------------------------------------------------------------------------- Print name Address Telephone Signature 0l VL IVX,,2 yY -z 2. 5. 6. c 6. - — 9. 10. 12. L 13. a ENc, L fzr-- �j � � z,9 3 V APPEAL OF CITY OF ASHLAND PLANNING ACTION #99-062 -------------------------------------------------------------------------------------------------------------- Print name Address Telephone Signature Ct QA —Lj.T 2. 43 ak o za ✓o 11o119 V.v/✓e s 4& I�9 3. I c1 4. 5. —r'' a 1 t t Kgz . 1 6. 7. 8" 5-5 1 it 8 CEN rk'+ L rs 9. 11. kSsFl� I�u ��Y�l � � 9 C ',Al 12. �+��N Z I f V�l� �lG✓� 'a t(� I 13.�(�� N � 7 LG��i�e� �f, "l5 / / l �/ 14. , f CL?Id 4� � . APPEAL OF CITY OF ASHLAND PLANNING ACTION #99-062 ------------------------------------------------------------------------------------------------------------- Print namp, Address Telephone Signature 76 Ste, u3 /5 " � G��e 2. KI Cvo ( 135-lavr-el qb2 -yy71 3. p,e,45, 4. F ✓ J�. �c�i9 G-e J2 J!" � 5. DA/ ' lcp,3&AAd auu Wr- n s 6: 3621 / yl ,l1QiU�l� -4 9�7� 7. 6. 06 L=voN�vi� 1(,70 ��n� 4,v-e 89-��3s 10. T/�Y K/1 /� /(o y l/Ar jj t S S %0 9X3 '37 12. 13. 14. i9 l: V C BEFORE THE CITY COUNCIL CITY OF ASHLAND STATE OF OREGON COMES AN APPEAL OF THE PLANNING COMMISSION ) APPROVING A SITE PLAN REVIEW APPLICATION FOR ) THE CONSTRUCTION OF THREE (3) DU-PLEX UNITS ) FINDINGS OF ON PROPERTY IDENTIFIED AS ASSESSOR'S MAP # 39- ) FACT 1E-04CC, TAX LOTS 2700 & 2801. THE. PROPERTY IS ) ZONED R-3 (HIGH DENSITY RESIDENTIAL). DAVID ) GREENE, APPLICANT, THE RICHARD STEVENS ) COMPANY, AGENTS. PLANNING ACTION #99-062 ) INTRODUCTION. This matter comes before the City Council as an appeal of the Planning Commission approval of a Site Plan Review for the property identified above. The appeal was filed pursuant to Section 18.108.110, Ashland Land Use Ordinance (LUO). Section 18.108.110(A)(4), states: "The appeal shall be a de novo evidentiary hearing! Based on this requirement of the LUO, the following Findings of Fact are submitted to demonstrate that the application now before the City Council complies with the applicable criteria governing such applications. In addition, all evidence, testimony and exhibits for the lower proceeding are hereby forwarded to the record of the Council. The application before the City of Ashland had previously been reviewed and approved in 1995 (PA-95-067). The application was approved by the Planning Staff as an administrative, Type I application. Notice of the administrative approval was mailed to affected property owners and a request for a hearing was made by adjacent property owners. On September 14, 1999, the Ashland Planning Commission held a public hearing on the application and at the close of the hearing and record determine d that the application met the applicable standards for a Site Plan Review. The Planning Commission adopted "Findings, Conclusions and Orders" approving the application. On September 29, 1999, an appeal of the Planning Commission decision was received by the City of Ashland. The application now before the City Council. 1 as RECITALS. Applicant: David Greene 367 Oxford Street Ashland, OR 974520 Agents: The Richard Stevens Company, LLC P.O. Box 45368 Medford, OR 975401 Property: 39-1 E-04CC, tax lots 2700 and 2801 Zoning: R-3, High Density Residential Proposed Use: Six Residential Units Planning Commission Action: Approval with conditions, Planning Action #99-062 CRITERIA. The following approval criteria have been listed as applicable for a Site Plan Review application. These criteria are found in Section 18.72.070, LUO. A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Plan Review chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this chapter. D. Adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 2 a � DISCUSSION. The following discussion is designed to demonstrate that the application meets all of the applicable criteria for a Site Plan review application. ORS 197.763 requires that the notice of public hearing state all of the applicable criteria and the above quoted section of the Land Use Ordinance, which was included in the notice of hearing, is designed to satisfy this requirement. Each criterion will be discussed and the facts relied upon by the Planning Commission identified. Based on this analysis of the application it can be found that the application does in fact met the requirements of Section 18.72.070, LUO. Following a demonstration that the application satisfies all of the applicable criteria the discussion will respond the appeal as submitted. Section 18.108.110(2) requires that an appellant identify "the specific grounds" on which the appeal has been made. Based on the September 29, 1999 appeal letter, the issues raised therein shall be discussed. Section 18.72.070, Criterion A: °All applicable City ordinances have been met or will be met by the proposed development" The key word in the above criterion is "applicable°. The use, multi-family residential, is permitted within the R-3 zoning district (Section 18.28020(B), LUO). As a result, the use itself is not at issue. The application must demonstrate that the use is in compliance with the requirements of the zoning district and has met the standards of the Land Use Ordinance. The permitted use is subject to the requirements of Site Plan Review (Section 18.72.0450, LUO) only due to the fact that the site will contain four or more units. The process is a Type I procedure (Section 18.108.040, LUO). Based on the above information, the only applicable ordinance is the Land Use Ordinance. Within the LUO, there are several section which have application. These sections will be identified and discussed. Chapter 18.28, R-3, High Density Multiple-Family Residential District. Section 18.28.020(B). Multi-family uses are permitted outright in the R-3 zone. Section 18.28.040(A). The application does not exceed the base density allowed in the R-3 zone. The R-3 zone allows 20 units per acre as the base density. The site contains 3 .344 acres which allows 6.88 dwelling units. The site plan demonstrates that the density requirements are met. 18.28.0440(D) Standard Yard Requirements- Within the Historic Interest Area. The property is within the North Main Historic area. The following standards apply: Front yard 20 feet Setback 20 feet Side yard 6 feet Setback 6 feet. Rear yard 10 feet Setback 34 feet The setbacks provided are verified from the site plan map submitted with the application. This code section also requires setbacks to meet the requirements of Section 18.70, LUO. This chapter has been deemed satisfied as expressed in the applicants "Findings February 5, 1999. The design was specifically cognizant of the solar access requirements. Section 18.28.040(E). Special Yards, distances between buildings. All structures exceed the requirements of this section as demonstrated from the site plan map submitted with the application. Section 28.040(F) Maximum height. The structures are proposed to be well below the allowed 35 feet. Section 28.040(G), Maximum Coverage. Lot coverage is 46.6%, including parking areas. This is less than the 75% allowed by this section. Section 28.040(H) Outdoor Recreation Space. There is a 32 X 40 foot recreation area centrally located to the project. This represents 8% of the area and is consistent with the requirements of this section. This calculation does not include patios and porches which is permissible. SUMMARY. The above discussion demonstrates that the proposed multi-family project meets or exceeds the requirements of the applicable sections of Chapter 18.28, LUO. 4 �3 Section 18.72.070(8) All requirements of the Site Plan Review Chapter have been met or will be met. Section 18.72.070(C) The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. The City Council on August 4, 1992 adopted Ashland Site Design and Use Standards. Section II, Approval Standards and Policies contain the applicable criteria for the application before the City Council. Section II(A), Ordinance Landscape Requirements. R-3 zone requires 25% of the area to be landscapes. From the information above, the lot coverage for the site is 46.6%, including the parking areas. This allows for the remaining 53.4% of the area to be landscaped. The landscaping requirement has been met. Section II(B), Multi-Family Residential Development. Approval criteria: II-B-1 a Orientation. This criterion requires that structures have their primary orientation to the street. An examination of the site plan demonstrates that the structure along Van Ness Street is orientated toward the street and the design is representative of residential structures in the area. The structure is setback 20 as required by II-13-1 and consistent with the R- 3 zone. I I-B-1 b Setbacks The structure along Van Ness Street is setback 20 feet consistent with the R-3 zone and the approval criterion II-13-1 b. II-B-1c, Accessability. The residential units depicted on the site plan are accessible from the street and sidewalk by an internal walkway. The walkway system, internal to the project, provides access to the street and provides access to parking. The parking is located at the rear 5 of the project, away from the street and is not located between the buildings as required by I I-B-1 c. II-B--2 Streetscape. 11-B-2a, Street trees. Two appropriate street trees (Armstrong Red Maple) are provided as street trees located along Van Ness Street. The type of tree and placement are consistent with the requirements of II-B-2a. II-B-2b, Front yard landscaping. The front yard landscaping proposed fro the project is typical for front yards in the neighborhood. The landscape material consists of trees, grass and shrubs as depicted on the site plan submissions. The landscaping , front yard, complies with the requirements of II-B-2b. II-B-3, Landscaping. II-B-3a Landscaping coverage. Landscaping for the site will result in 50% coverage within the first year. The grassed areas exceed the 50% requirement and this requirement will be fulfilled at the time the landscaping is complete. The landscape material, other than grass, is of sufficient size to meet the 5 year , 90% coverage requirement of II-B-3a. l i-B-3b, An examination of the landscape plan will indicate compliance with this criterion. The site plan shows a variety of plant materials, trees and shrubs, well suited for the local area, including deciduous and evergreen materials. li-B-3c Existing trees. A tree list has been included on the site. Those existing trees which can be salvaged are also shown on the site plan. The Ashland Street tree Commission reviewed the plans and recommended to the Planning Commissions alterations in the plan to maintain additional trees. The Planning Commission order of approval included a condition that requires incorporation of the Tree Commission recommendation, Planning Commission condition #2 Based on the condition of approval II-B-3-c has been'satisfied. 6 a5 II-B-3-d, Street landscape buffering. The structures are 20 feet from the street and the street scape is landscaped. The proposed front yard landscaping satisfies II-B-3d. II-B-3e, Parking landscaping. The parking for the project is located at the rear of the site, served by the alley. The Planning Commission, condition 10, require alteration of the site plan. Based on the Planning Commission review and condition of approval II-B-3e has been satisfied. II-B-3e, Irrigation systems. The site plan submitted with the application demonstrated a primarily irrigation system. The Planning Commission approval included a condition, conditions 2 and 3 which assure compliance wit II-B-3f. 11-B-4 Open Space. II-B-4a, Recreation open space. This criterion requires that 8% of the area be dedicated for recreational open space. As demonstrated above the site contains the required 8% recreational open space. II-B-4b Landscape area. Landscape areas were not used to calculate the required 8% for recreational open space consistent with the requirements of II-B-4b. 11-B-4c, Decks and patios as open space. The percentage of area for open space does not include decks and patios even though these areas may be included. This is a further demonstration of compliance with 11-13- 4a. The project is less than 20 units, therefore, does not require a children play area. 11-B-5, Natural Climate Control. 7 II-B-5a, Deciduous trees. Deciduous trees are to be used as a natural climate control system, especially on the south exposures. An examination of the landscape site plan will demonstrate that to the extent possible, deciduous trees are located on the south exposures of the site. The species of tree is also in compliance with II-B-5a. II-B-6, Building materials. Ii-B-6a, Building materials. The building materials and style of construction are compatible with the surrounding area and neighborhood. The site plan has been reviewed by the Historical Commission and Planning Commission and found to be consistent neighborhood and the general area. CONCLUSION Based upon the above identified criteria, discussion, evidence cited and conditions of approval of the Planning Commission, it is concluded that the site plan for the proposed development meets the requirements of the Ashland Site Design Standards adopted by the City Council August 4, 1999. FINDING Based on the entire record, review of the Historic Commission, review of the Street Tree Commission, review of the Planning Commission, and the Planning Commission approval order, with conditions, it is found that the application for site plan review, Planing Action #99-062, complies with the requirements of the City of Ashland and state law pertaining to such matters. RESPONSE TO APPEAL The following is a response to the appeal filed by Rob Hirschboeck of the approval by the Planning Commission of Planning File #99-06. The apparent thrust of the °Fact Sheet" was to raise issue involving the Ashland Comprehensive Plan. The appeal did not specifically identify Comprehensive Plan Goals or Policies which 8 .27 the appellant deem applicable to the review by the City of Ashland. This lack of specificity appears to be contrary to the requirements of ORS 197.763(1) which states in part: "...Such issues shall be raised and accompanied by statements or evidence sufficient to afford the aovemina body, plannina commission. hearings body or hearings officer, and the parties an adequate opportunity to respond to each issue." (Emphasis added) ORS 197.763(3)(b) requires that the jurisdiction: "List the applicable criteria from the ordinance and the plan that apply to the application at issue." The City of Ashland, in the notice of hearing, provided the applicable criteria. The criteria listed did not list any identified criteria from the Comprehensive Plan. The discussion before the Planning Commission by the appellant likewise did not identify any specific applicable criteria from the Comprehensive Plan which would be approval criteria. The request for an appeal also fails to identify specific applicable criteria from the plan. CONCLUSION Based on the above discussion, the appeal before the City Council is without merit. At this point in the proceedings, no issues have been raised with sufficient specificity to allow the applicant to respond to the issue raised. ORS.197.010 Reference is made by the appellant to ORS 197.010 which is a policy statement of the Oregon Legislature concerning land use planning. This particular statute has no application to the issue before the City of Ashland. The legislative instruction has been accomplished by the city. The City of Ashland has adopted a Comprehensive Plan and the plan has been acknowledged by LCDC. (ORS 197.010(1)(a)). The adopted plan contains policy statements and generalized maps and standards and guidelines. (ORS 197.010(1)(b)). The Comprehensive Plan is the basis "for more specific rules and land use regulations 9 8 which implement the policies ". The more specific rules and land use regulations are found in the Ashland Land Use Ordinance. (ORS 197.010(1)(c)) The implementation ordinances of the City of Ashland are designed to assure that public actions are consistent with the policy statements of the adopted Comprehensive Plan. The very nature of the term, "implementation ordinances" fulfills this requirement of ORS 197.010(1)(d)). CONCLUSION: The appellant has misconstrued the requirements of ORS 197.010. The statute is a statement of policy of the Oregon Legislature concerning land use planning. There are no approval criteria contained therein. In the absence of any identified application approval standards from the Comprehensive Plan, the Ashland Land Use Ordinance contains the approval criteria addressed above. ORS 197.175. The appellant then proceeds to ORS 197.175(2)(d). In so doing the appellant bypassed ORS 197.175(2)(b) which requires the City to: "Enact land use regulations to implement their comprehensive plans." (Emphasis added) The adoption of the Ashland Land Use Ordinance and the Site Design Standards implements the Comprehensive Plan. The Plan and the implementation ordinances have been acknowledged by the state and decisions made via the criteria contained in the implementation ordinances are consistent with the broad policy statements of the Plan. CONCLUSION. The adoption and acknowledgment of the Ashland Comprehensive Plan and Land Use Ordinances fulfills the requirements of ORS 197.175. Without any identified approval criteria from the Plan, the application before the city meets the requirements of these statutes. ORS 227.170 The appellant applies ORS 227.170(2) in an attempt to further his appeal. ORS 10 °�9 227.170(1) requires cities to: " prescribe one or more procedures for the conduct of hearings on permits..." The City of Ashland in adoption of the Land Use Ordinance has complied with this requirement. Chapter 18.108, LUO, contains the procedures for the conduct of a hearing. ORS 227.170(2) functionally carries out the procedural requirements of ORS 227.170(1). The adoption and acknowledgment of the Plan and implementation ordinances assures that decisions made are in compliance with the Comprehensive Plan. ORS 227.173 provides additional direction for the decision making process. Subsection 1 states in part: "Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance." (Emphasis added). CONCLUSION. ORS 227.170(2) does not have application in the absence of specific identified approval criteria from the plan. ORS 227.175. Taken in context of the discussion above concerning various statutes, the use of ORS 227.175(4) to sustain the appellants appeal is not justified. The statuorial language is clear that the standards and criteria are to be expressed in the development ordinances. The acknowledgment of the Plan and ordinances by the state are designed to assure that the application, review and approval of discretionary permits are consistent with the entire planning process. An application which demonstrates compliance with the land development ordinances has demonstrated compliance with the Comprehensive Plan, in the absence of specific identified approval criteria from the plan. CONCLUSION: The City of Ashland has an acknowledged Comprehensive Plan and implementation ordinances. The Land Use Ordinance contains to approval criteria. The review of the application and approval with conditions by the Planning Commission of Planning 11 90 Action #99-062 is consistent with the implementation ordinances and thereby consistent with the Plan. The apparent basis of the appeal of the Planning Commission approval, with conditions, of Planning Action #99-062, is that the Comprehensive Plan general policy statements have some application to the review process. Generalized statements are not approval criteria. Secondly, comprehensive plans are implemented via the land use ordinances. Approval criteria must be clear and concise so that all parties have an opportunity to openly address the applicable standards and the decision making authority can then examine the evidence and testimony of record to determine whether or not an application has satisfied the applicable criteria. Applicable criteria and standards must be articulated in the notice of hearing, again allowing all participants an opportunity to address the proper issues before the approval authority. Generalized complaints of some unstated comprehensive plan policy does not satisfy the applicable criteria standard. The criteria for Site Plan Review are stated in Section 18.72.070 and were included in the notice of hearing to affected property owners. SUMMARY CONCLUSION AND FINDING Planning Action #99-062 was properly reviewed by the Planning Commission and approved with conditions to assure that all applicable criteria for Site Plan Review were satisfied. The application was reviewed by the Ashland Street Tree Commission, Ashland Historic Commission, Ashland Planning Staff and the Planning Commission. Based on these reviews it is found that the application met the requirements of the City of Ashland and state law pertaining to such matters. ACTION SOUGHT The applicant, David Greene, requests that the City Council uphold the decision the Planning Commission. Respectfully-sub ' ted, i The Richard Stevens Company, LLC Richard Stevens Agents for David Greene 12 �l y,OF...SH� ti City of Ashland Department of Community Development °REG°�.. Planning Division City Hall 20 East Main Street (541)488-5305 Ashland, Oregon 97520 fax(541)488-5311 September 16, 1999 RE: Planning Action # 99-062 Dear Dave Greene: At its meeting of August 10, 1999, the Ashland Planning Commission approved your request for a Site Review for the property located on Van Ness Avenue between Laurel and Heiman Streets -- Assessor's Map # 39 1 E 4CC, Tax Lot(s) 2700 and 2801 . The Findings, Conclusions and Orders document, adopted at the September 14, 1999 meeting, is enclosed. Please note the followin Irc a s: 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. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. 3. ) 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. 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. cerely, ill Molnar Senior Planner cc: Property Owner, People Who Testified, People Who Submitted Letters J� BEFORE THE PLANNING COMMISSION SEPTEMBER 14 , 1999 IN THE MATTER OF PLANNING ACTION #99-062 , REQUEST FOR ) A SITE REVIEW PERMIT FOR THE CONSTRUCTION OF A SIX ) FINDINGS, UNIT APARTMENT COMPLEX BETWEEN HELMAN AND LAUREL STREETS . ) CONCLUSIONS AND ORDERS APPLICANT: DAVE GREENE ) RECITALS : 1) Tax lots 2700 and 2801 of 391E 4CC is located between Helman and Laurel Streets and is Zoned R-3 ; High Density Multi-Family Residential . 2) The applicant is requesting approval to construct three two-unit residential buildings . Site improvements are outlined on the site plan and exterior elevation on file at the Department of Community Development . 3) The criteria for Site Review approval are as follows : A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on August 10 , 1999, at which time testimony was received and exhibits were 'presented. The Planning Commission approved 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 index of exhibits, data, and testimony will be used. oc 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 an "M" 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 to construct three two-unit residential buildings meets all applicable criteria for approval found in the Chapter 18 . 72 , Site Review. Conditions have been attached to the approval in order to insure compliance with City ordinances . 2 . 3 The Planning Commission finds that the project complies with Ashland' s Site Design and Use Standards and Site Review Chapter. Specifically, vehicle parking will be accessed off the alley, each unit has a open porch that identifies a strong sense of entry, and the design and scale of the three buildings are consistent with the impact area. In addition, landscaping and irrigation is to be provided in accordance with the minimum requirements . 2 . 4 The Commission finds that adequate public facilities are available to accommodate the proposal, including water, sewer, paved access, electricity and urban storm drainage . Specifically, the property fronts on an improved collector street with a rear alley that is proposed to be widened to 12 ' and surfaced with 31/4" minus crushed rock. Also, the development ' s storm drain line plans are to be reviewed and approved by the City' s Building and Public Works Department . Such storm drain line will also accommodate additional off site storm water. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that proposal to construct three two-unit residential buildings 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 3 #99-062 . Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #99-062 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 prior to issuance of a building permit, the applicant shall submit to the staff advisor a revised landscaping/irrigation plan that incorporates the recommendations of the Ashland Tree Commission, Specifically, Conditions 1 through 5 on the Tree Commission' s Site review form. 3) That all landscaping and irrigation indicated on the approved landscaping and irrigation plans be installed prior to the issuance of a certificate of occupancy. 4) That all requirements of the Ashland Fire Department be met prior to occupancy of the structures, including surfacing and clearance width of alley, hydrant location and fire flows standards if applicable. 5) That the rear alley be widened to 12 ' and surfaced with 3/4 " minus gravel from Helman Street to the project ' s western most property line, with all work done under permit and approval of the City Public Works Department prior to the issuance of a Certificate of Occupancy. That 6) That the trash enclosure be installed and screened from public view prior to a Certificate of Occupancy. 7) That all requirements of the Ashland Electric Department be met prior to issuance of a building permit . 8) That prior to issuance of a building permit, the two subject lots shall be merged and all necessary easements be provided as required by the Ashland Engineering Department . 9) That prior to issuance of a building permit , a drainage plan shall be submitted and approved by Ashland Engineering Department . Such drainage plan shall also be designed and sized accordingly to handle the existing off-site surface water flowing on to the site . 10) That prior to issuance of a building permit , the applicant shall submit a revised parking plan showing the 17 ' wide van accessible space . The plan shall also identify a 5 ' - 6 ' landscape island with shade tree Jr or two five foot landscape buffers on each end of the parking area . The applicant shall also submit revised building plans showing two of the proposed units as one bedroom units . 11) That prior to issuance of a building permit, the applicant shall submit a parking lot lighting plan. The plan shall identify low level lights that primarily illuminate the parking area only. 12) That prior to issuance of a building permit , the applicant' s building plans shall identify a water, sewer, and storm drain line to be located along the northwest property line . 13) That prior to issuance of a building permit, the applicant shall sign in favor of a future Local Improvement District for paving of the alley. 14) That bicycle parking be installed in accordance with the design provisions in Chapter 18 . 92 prior to issuance of a Certificate of Occupancy. 15) That the fencing along the parking area be wood and not chain link. Plann ng Commission roval Date ' J� ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 CALL TO ORDER Chairman Steve Armitage called the meeting to order at 7:00 p.m. Other Commissioners present were Kerry KenCairn, Chris Hearn, John Fields, Alex Amarotico, Mike Gardiner, Russ Chapman, Mike Morris and Marilyn Briggs. There were no absent members. Staff present were John McLaughlin, Bill Molnar, Mark Knox and Susan Yates. APPROVAL OF MINUTES Morris moved to approve the Minutes of the July 13, 1999 Regular Meeting. Amarotico seconded the motion and the Minutes were approved. (There were no Findings.) TYPE II PUBLIC HEARINGS PLANNING ACTION 99-062 REQUEST FOR A SITE REIVEW FOR THE CONSTRUCTION OF SIX APARTMENT UNITS (THREE DUPLEXES) LOCATED ON VAN NESS STREET BETWEEN HELMAN AND LAUREL STREETS. APPLICANT: DAVE GREENE Site Visits and Ex Parte Contacts KenCairn stated she had a conflict of interest because she has met with the neighbors on this action. She has a conflict with the next action as well and will therefore be stepping down for both. All the remaining Commissioners made site visits. STAFF REPORT Knox noted the applicable approval standards are Chapter 18.72.070. The applicant is proposing to build six units (three duplexes). It was approved in 1994 in a similar application as a Type I approval. It was called up for a public hearing by some of the neighbors and the concerns they expressed were related to the alley and paving of the alley: The Planning Commission agreed with the neighbors that the alley should not be paved and the action was approved with the Condition not to pave the alley. The applicant let that approval expire so he had to apply with a new application. There have been some changes from his original application. The action was again called up for a public hearing. The alleys run from Helman to Laurel and from Van Ness to Central Street. One alley has a 16 foot right- of-way and the other has a 12 foot right-of-way. Knox explained the project design as outlined in the Staff Report. The applicant has since made a couple of changes. There is a handicap access requirement requiring a van accessible handicap exiting area which requires an additional three feet in the parking area. The applicant will provide this by reducing two of the two-bedroom units to one-bedroom units. By adding the parking and reducing the units, this will increase the landscaped area. The design elements proposed are compatible with surrounding houses in the neighborhood. There was an issue with a possible wetland that might exist on the property. Included in the packet are letters determining there is not a wetland on this site. 37' The Tree Commission reviewed the application. The landscape plan shows the trees on the property. The trees in questions are a large fir, maple and hawthorn. The sewer, storm and water line is designed to run down the middle of the property which will have the potential to eliminate the large trees. The maple would be about 1 1/2 feet from the foundation of the front unit. The Tree Commission referred to criteria, II-B-3c) of the Site Design and Use Standards which states that as many of the healthy, existing trees on the site shall be saved as reasonably feasible. They felt the applicant should explore re-aligning the drain lines and angling them in another area. The Public Works Department would prefer a straight line in order to provide better clean out and gravity feed to the main line. The angles tend to be a maintenance problem over the years. The alley is not proposed to be paved but graded with a 3/4" minus gravel surface. The current alley standards are that the alley be a minimum of 12 feet wide. At the narrowest point, the alley is 12 feet, 8 inches of clearance. The Fire Department said that is sufficient room to get down the alley. They would usually fight a fire from the perimeter of the block anyway. Parking is provided off the alley rather than off Van Ness. After studying the street standards, when a property develops and that area is serviced by an existing alley (existing infrastructure), access will be from that alley. Parking off Van Ness would require a variance. The applicant has been directed to use alley access for parking. The average daily trip generation on the proposed project would be about 36 average vehicle trips per day. It is assumed the front unit would use Van Ness Street, thereby reducing the trips to 31 vtpd. During the peak hours approximately three to five trips per day can be expected. Staff does not believe there will be a problem with capacity of the alley. The following Conditions should be amended: • Condition 2: Add "...specifically Conditions 1 through 5 on the Tree Commission's Site Review form." • Condition 10: Delete the third sentence (as per the Tree Commission). • Condition 12: Change to"...drain line to be located along the southeast property line." • Add Condition 15: That the fencing along the parking lot be wood and not chain link. Knox showed slides comparing other properties and alleys with the proposed project. He showed the trees on the site. He showed houses in the neighborhood with similar designs as the proposed project. Hearn noted none of the comp arables Knox showed were gravel. Why is gravel beneficial? It would seem it would increase dust, maintenance, etc. McLaughlin responded it is a local neighborhood decision that the Commission has been sensitive to in the past. Within the Historic District most of the alleys are unpaved. There is a certain feeling neighborhoods have toward the alleys. The alley by Peerless Rooms was done with gravel. Functionally, the asphalt will probably hold up better, however, the bigger issue is the neighborhood concern and compatibility. Public Works has agreed with the gravel surface. Given the traffic loads, it is an appropriate surface. Gardiner asked if the parking spaces are paved or gravel. Knox said they are paved. Armitage said there is a letter in the packet addressed to the Traffic Safety Commission. He did not see a response. Knox said the Traffic Safety Commission did not hear this as a planning action. He cannot speak for Traffic Safety. He thought they were sympathetic as far as speed and signage but they were leaving the decision to the Planning Commission. Fields asked about the depth of the parking spaces. Knox said they.are 26 feet in order to meet the turning radius for 90 degree head-in spaces. They could move the parking out a couple of feet and still be outside the right-of-way. PUBLIC HEARING 2 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 3� DAVE GREENE, 367 Oxford, is the applicant. This is basically the same application the Planning Commission approved in 1994. The changes made have improved the project, such as the overall design of the buildings that are now more compatible with the neighborhood. They are using different rooflines, trim details, window sill details, etc. They have worked closely with the Historic Commission who supports the design and scope of the project. They are following the city's requirement to provide parking off the alley. They can minimize the impact of the alleyscape by proposing to reduce two of the units to one-bedroom each. This will give additional space for landscaping and handicap parking. They are proposing a 5' x 20' landscape island on the east end of the parking lot, a large landscaped island near the center of the parking lot and a 4'x 12' landscaped area around the electric transformer on the west end of the parking lot. They do not want to use grass crete and this was confirmed by the Tree Commission. Lighting of the parking lot will be three low hooded lights on photo cells and timers so they can be controlled. They anticipate the lights being eight feet high. At least one of the units will be handicap adaptable. Additional covered bike parking has been added for a total of ten spaces. Greene has consulted the City extensively on landscaping. He said the maple tree is very close to the foundation. The drain lines need to maintain as straight a line as possible. If the lines were located on the other side of the lot, it would add considerable length to them and put them under concrete sidewalks for approximately 100 feet. This is not practical. He has proposed replacing the two trees with more appropriate trees in a better location. They plan to plant up to 19 additional trees on the property. He has talked to the owner of 119 Van Ness about fencing. Part of the reason their buildings have shifted to the west is because his house is approximately two feet from the property line. The neighbor is not sure he wants a six foot high fence two feet from his house. Greene will do what the neighbor prefers such as plantings. Greene believes the application meets all the criteria for approval. DON GREENE, 229 Normal Avenue, addressed how the project meets the ordinances. He referred to Chapter 18.28, High Density Multi-Family Residential, (R-3) and read the purpose. The permitted density for this lot is 6.8 units. They are under density and not using any bonus point calculations. The standard yard requirements for the Historic District are being met. The maximum height is below 35 feet. The coverage is less than 75 percent and they are providing outdoor recreation areas. He referred to Chapter 18.72, Site Use and Design Standards. He said the purpose of this chapter is reduce any adverse affects on surrounding properties and make sure a project is compatible with the neighborhood. The compatibility is not based on arbitrary feelings about something but how the project meets the ordinance. It meets the ordinance in every manner. There is a plan requirement for multi- family projects that has been met. Findings have been provided that meet the criteria for approval. They meet all the landscape standards for an R-3 development with more than 25 percent of the total area developed in landscaping. They meet the location criteria; that it be visible from the public right-of-way and buffering adjoining units. All landscaping is irrigated. The parking lot has more than seven percent landscaping internally. It has 11 percent and is broken into three areas. They meet the street tree standards. They have all the recycling standards for multi-family residential. They meet the vision clearance standards for the alley. They meet the controlled access standards. It is well within the trip standards for the alley according to national standards for trips on an alleyway. They are required by the ordinances to put the parking on the alley. They have met the light and glare standards. The Conservation Department will review the plans. They meet the standards of the Site Design and Use Standards with regard to orientation, streetscape, and landscape. They have looked very closely at the historic guidelines building in a Historic District. They met with the Historic Commission and they went over each item and found it met all the guidelines for development in the Historic District. The scale of the project relates in size to the surrounding residences. The streetscape looks just like a 3 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 39 single family residence from the street. They are required to break up uninteresting box-like forms. This is a very classic bungalow style. They are maintaining the historic facade, lines, and streetscapes by providing the same type of setback the other houses have with lawn in the front and maintaining the parkway. The roof shapes are varied with rhythm of openings. They have raised platforms with a strong sense of entry with front porches on every unit. They are in close proximity to mass transit, markets, and skateboard parks. This is the exact type of development the City Council is looking for to help maintain Ashland as a sustainable and a walkable and bikable place. Armitage asked for clarification on the trees and drain lines. Dave Greene said they met with the Tree Commission. They asked Greene to make every effort to save the trees, which Greene has done, from the start. The want to keep a straight line with the drains. They can angle them but he is concerned it will cause problems later on. The trees are 4 1/2 feet off the property line to the center of the trees. The building is six feet. It is a wide tree. They would have to so severely cut the tree. He does not see any way to save the tree. He does not think they can save the trees no matter where the drain lines are located. Armitage said a letter was submitted from Don Greene to the Historic Commission. Robert Evonick and Donella Ingham, 160 Central Avenue, gave their testimony time to Lois VanAken. LOIS VANAKEN, 140 Central Avenue, addressed the issue of compatibility. She said this is part of the site review but that it is a subjective matter. She will explain what the neighborhood believes to be compatible. They have a very valid viewpoint on their neighborhood since they live there. The developer has met City ordinances but he has not quite satisfied the neighborhood concerns. Historically there is usually a larger owner occupied unit on the street and usually one rental unit behind to help with mortgages. The owners generally live on the property and have not developed their property to the fullest density of R-3. The neighbors like the look of it as it is. She would like to see this unique neighborhood preserved as it has developed. She believes the proposed project is as dense as it can get and more dense than any of the surrounding properties. It will look different. The rest of the neighborhood is rather eclectic looking with the main house being on the street with the smaller houses in the rear. She would like to see a compromise. This project is not owner occupied, making it incompatible. There are problems with those rentals that are not owner occupied. The units being built are small and will not attract families. Traditionally students have moved into the rentals in the neighborhood. The neighborhood has changed in the last five to ten years. There is a lot more downtown foot traffic. This development would probably not destroy the neighborhood but set a precedent of very dense rental units downtown. There needs to be a balance to preserving the uniqueness of the neighborhood. Tourists find their neighborhood charming. If the city infills to the fullest capacity of R-3, these are not going to be very habitable neighborhoods. She would suggest the unit off Van Ness have access off Van Ness. She would also like to see the two one-bedroom units combined to be one two-bedroom unit for five units instead of six. The issue of the trees and sewer lines would be answered by that because it would be less dense and room for moving the footprints around a little bit. The trees are significantly large. The maple on a neighbors property will die eventually due to this development. She does not believe it meets the Site Review criteria B and C. The beginning of the chapter states: "...careful design considerations must be made to assure the development is compatible with the surrounding neighborhood." She does not believe it is compatible and there have been more than 80 signatures from neighbors that say this is not compatible. Chapman asked the neighborhood feeling about paving the alley. VanAken said she likes the dirt alley with potholes. It keeps traffic moving slowly. Any improvements.would increase the speeding. There are homes facing the alley with front doors opening on the alley. Gravel allows for permeation of moistures and it is not as hot. But it is loud, messy and breaks down. She would like to see no improvement to the alley with some cars accessing off Van Ness and some accessing off the alley. 4 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 LlO Armitage referred to VanAken's letter. He said it is not an option for the Planning Commission to access off Van Ness. That would require a variance. Armitage asked VanAken what she would envision for this parcel. VanAken said she would envision a front house as a single family residence on Van Ness with two off-street parking spaces with the garage set back from the street. There would be three back units with parking in the rear. Armitage said his image of Van Ness is not seeing any off-street garage parking. He thought that would be incompatible. VanAken feels VanNess is a thoroughfare from North Main to the Railroad District. It is not a street you spend a lot of time strolling and looking. She does not think an alley should be totally compromised to eliminate one curb cut on a street. Barbara Ross, 148 Central Avenue and Colleen Babich, 170 Central Avenue are giving their testimony time to Kevin Boog. KEVIN BOOG, 140 1/2 Central Avenue, stated he would be looking at the proposed parking lot as he exits his gate. He believes the added vehicle trips (36)are significant because it will double the traffic there now. They have safety concerns. He showed pictures of the alley showing front doors emptying directly onto the alley and parked cars on both sides of the alley as well as children playing in the alley. Cars come quickly off North Main. He too loves the potholes. He is concerned the length cars have to travel and cars meeting on the alley. The crossroads create more potential for accidents. He thinks this alley is different than other alleys, particularly because there are doors emptying right onto the alley. He noted there is a running group that uses the alley. Gardiner noticed in the pictures shown by Boog that other cars park on the alley and have access. It would seem there is already a high level of use of the alley. Boog disagreed. He thought there were about six cars that parked on the alley presently that are located more on either end of the alley and use their own ends. This development is located more toward the center of the crossroads. Deborah Dryden, 71 Scenic Drive and Catherine Richey, 196 Central Avenue gave their testimony time to Rob Hirschboeck. ROB HIRSCHBOECK, 71 Scenic Drive, said he owns property at 147 Van Ness. He will be referring to the Tree Commission's request to move the drain lines. The property is snug. Eva Cooley's home (she is unable to attend tonight's meeting) will be impacted. The trees on the property are large and established. He said eight months of the year, the proposed site is a bog. The drain line will impact all the trees. He showed how some trees on Cooley's property would be impacted by the drain line. The Tree Commission suggested the applicant decrease the number of units. There are not multi-units of this scale in the four blocks. He read a statement that is in the packet dated August 2, 1999. He would like to see a less dense project. AL WILLSTATTER, 128 Central Avenue, said there should be paved access to and through the development. This plan does not go through the property. There should be a curb cut on Van Ness eliminating a lot of the problems on Van Ness. RON DEMELE, 164 1/2 Central Avenue, said his house is directly on the alley. His four year old child plays in the alley. If this plan is approved, he is concerned about the other vacant area. What will the impact be when those are developed? It will look like a used car lot. He thought it made more sense to access the development off Van Ness. He is not opposed to the density but the way the density is being distributed. He is concerned about the development on the back part of the lot. SIDNEY BOWLAND, 165 1/2 Van Ness, read a statement from his wife who could not be present. She stated she is not opposed to the units, but their access. The alley already poses problems with severe potholes, extreme dust, blind spots, speeding cars and narrow alley. There are currently about a half dozen homes that use the alley. Two cars cannot pass each other in many places. Cars are parked 5 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 directly on the alley, making passing impossible. Children lean to ride their bikes on this alley, neighbors chat with one another,joggers run through, people walk their dogs, and children safely walk to school. This development, as planned, will have a huge impact on this alley. While the traffic problems that exist are barely tolerable,the huge number of new cars accessing the alley will make the situation dangerous for everyone. She is asking for a compromise to have two to four parking spaces on the alley. The alley was designed for secondary access. JOHN MORRISON, 500 Helman, is a member of the Traffic Safety Commission. He said when they listened to the neighbors at their meeting, they were very concerned. They have installed 15 mph signs and have asked Staff to look at this area. Additional traffic will make additional hazards. Staff Response Briggs asked if Willstatter's comments about"to and through" the development applied to this project. McLaughlin said the alley provides the access requirements. The Commission has discretion on whether or not to pave the alley. McLaughlin said one space would be eliminated on the alley if there was a curb cut off VanNess. Morris wondered how many vacant parcels were still on the alley. McLaughlin said units could be added to the portions of parcels that are there. Hearn asked Staffs opinion about alley capacity. McLaughlin said it is well under capacity. The physical capacity is different than the environmental level that is comfortable for the neighborhood. This is an extremely low level of traffic. Even doubling it is low. Under the proposal, it will be different and measurably higher than what is there today, but it is well within the bounds of carrying additional traffic. Even at full build out, it will still probably be within residential levels of development. Fields is struggling with the neighbors saying this development will be transforming the quality of life even though it is compatible with R-3 zoning. He is looking for how ordinances transfer from the comprehensive plan. McLaughlin said the issue being heard consistently from the neighborhood comments expresses"change". Whether the changes come from adding new units to additional traffic on the alley to tree removal, there is a change and an impact. The ordinances are based upon the comp plan which is based on statewide goals. As we get to the implementing ordinances, clear standards are set for development. That is why density and design standards are set and are clear and objective. The standards reflect the values of the neighborhood. It does, however, limit the discretion of the Commission to amend the plan. They do not have the power to adjust density. They do not have discretion about units being owner-occupied. Even though the Commission cannot set density, and there are a certain number of units allowed on this property, is there a way to make it most compatible through landscaping and design features? It is a balancing act to meet neighborhood needs and citywide goals. McLaughlin said there might be some flexibility in relocating the drain line. Putting it under the sidewalk is not insurmountable. Rebuttal Don Greene said McLaughlin addressed the compatibility issue by explaining it is not subjective but a measure of the project against the ordinances and state law requires that the ordinances be clear and objective. The project meets the current law. The neighborhood certainly is about emotion but approval is about ordinances. The maple tree is not going to survive after being placed 1 1/2 feet from the house. The tree is just too far into the setback but it will be replaced with another tree. The hawthorn could be far enough away but he seriously doubts it. There are several problems with a zigzagged drain line. The Engineering Dept. is not going to allow 90 6 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1999 degrees. There will have to be catch basins that are accessible for routing. It will lead to a potential of overflow and flooding. If a sewer line is too long, it can cause de-watering. Sewer lines need enough water to push the solid water through. They sympathize with the safety issues brought up by Traffic Safety. They do not believe it is going to be anywhere near capacity. Yes, it will change, but there is no other alternative by ordinance than to put parking on the alley. COMMISSIONERS' DISCUSSION AND MOTION Gardiner moved to approve PA99-062 with all applicable Conditions. Add Condition 15, add "northwest" on Condition 12, strike the third sentence in Condition 10 regarding grass crete. Hearn seconded the motion. Hearn appreciates what the neighbors said. However, what the Commissioners can do is limited by ordinance. Re-zoning is a Council issue. He believes all applicable city ordinances have been met or will be met. The requirements of the Site Review Chapter also appear to be met. The Site Designs Standards seem to be met. It seems adequate transportation has been met. Fields has incredible sympathy for the neighbors. Even though we are trying to maintain a low profile alley, he was wondering if it would advisable to pave the alley. If they choose to approve this without pavement and gravel, then he would like to see the development sign in favor of future alley paving. There may have to be speed bumps to slow traffic. The whole alley design is an issue. He does not think we can ask them to save as many trees as possible to develop a narrow lot. Morris wondered if the wood fence would go to the edge of the roadway. Knox said there is a ten foot setback from the alley. Morris has some problems with the safety issue on the alley and doors opening directly onto the alley. McLaughlin said past actions have found similar alleys with similar widths and have been found to be adequate for similar projects. Briggs thanked the neighbors for coming out and being organized. This is a difficult decision. The applicant has had to adhere to the criteria and though she has compassion for the neighbors, she cannot deny the project. Chapman feels the project meets the ordinances. The neighbors mentioned owner-occupied units, but the Greenes are long-time residents of Ashland and are listed in the phone book making them accessible landlords. Armitage read Chapters 18.72 and 18.28 and also find the overall purpose of both have been met. The Commissioners agreed the drain line can be straight and can be run along the northwest property line as in the original Condition 12. They discussed paving the alley and agreed if the neighbors did not want it paved, then it would remain unpaved. McLaughlin said this proposal involves the Historic District and even though paving would reduce noise and dust, it is important to recognize there is a different value in these neighborhoods that outweigh other issues. The developer will be required to sign in favor of future development. Amend the line in Condition 10 to remove the reference to grass crete. The motion Carried unanimously. Fields moved to extend the meeting to 10:30 p.m. PLANNING ACTION 99-078 7 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES �y/ 2 AUGUST 10, 1999 / J TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are. incorrect. NAME �IYSC�T C—VDNI(,� ADDRESS 160 CENL PLANNING ACTION # V I am in favor of the proposal. 1� am against the the proposal. 11 wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: fe e 74� A A� PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. ! *r TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that.the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME ADDRESS PLANNING ACTION # 3 ✓ �7 I am in favor of the proposal. V I am against the the proposal. v I wish to give oral testimony. - I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make a following comments: Nf,;, nv— PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. �S TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an. opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME is VaA ADDRESS I fhk PLANNING ACTION # — O (p Z _ I am in favor of the proposal. I am against the the proposal. PSI wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. �G TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME G Gam c /�• /lid ADDRESS PLANNING ACTION # 99-0 62 I am in favor of the proposal. I am against the the proposal. I wish to give oral testimony. X 1 do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: U PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are. incorrect. I l NAME CO 11A A)- 1 l a h I J1 ADDRESS � O Cwt PLANNING ACTION # I am in favor of the proposal. I am against the the proposal. I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. �g TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME K-ey,v\ Y� oy ADDRESS l `f 6 Y2 C o PLANNING ACTION # I am in favor of the proposal. �( I am against the the proposal. X I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. All TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that. the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAM E7- �)e ADDRESS Sc o c.; c . �d2 ixo Jaw IJs�3) PLANNING ACTION #�� I am in favor of the proposal. 1 am against the the proposal. I wish to give oral testimony. 1 do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. So TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME- key- Y1 t ADDRESS PLANNING ACTION # _f I am in favor of the proposal. �0' I am against the the proposal. I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. S� r 1 TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME ADDRESS 1 SCewiL - 0WV-,Qv 14-4 YA"' Y%jax I PLANNING ACTION # �c/ - U (Z I am in favor of the proposal. I am against the the proposal. ✓ I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. s�, TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME A L W 11_( STFRTFO-C_ ADDRESS fA2 CFa-�jNTR�(� V)* PLANNING ACTION # t © lp I am in favor of the proposal. Ll---�l am against the the proposal. wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME ADDRESS PLANNING ACTION # I am in favor of the proposal. 1 am against the the proposal. I wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. 5-4/ TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are. incorrect. NAME ADDRESS 145 PLANNING ACTION # I am in favor of the proposal. I am against the the proposal. YI wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. .SS TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME C�i�1/� ./ A ®°ctciH� ADDRESS PLANNING ACTION # cJ } Q - I am in favor of the proposal. 41,---t"am against the the proposal. wish to give oral testimony. I do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. S6 ASHLAND PLANNING DEPARTMENT STAFF REPORT August 10, 1999 PLANNING ACTION: 99-062 APPLICANT: Dave Greene LOCATION: Van Ness Street - Between Helman & Laurel Streets ZONE DESIGNATION: R-3; High Density Multi-Family Residential COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential ORDINANCE REFERENCE: R-3 18.28 Site Design and Use Standards 18.72 Detail Site Review Zone 18.72 Off-Street Parking 18.92 REQUEST: A Site Review Permit for the construction of a six unit apartment complex on 15,000 square feet of lot area. I. Relevant Facts 1) Background - History of Application: In April of 1994, the Planning Department approved a six-unit development project with parking off the alley (PA-94-067). After the public notice was mailed, the neighbors requested a public hearing. In June of 1994, the Planning Commission approved the application. In June of 1995, the approval expired. In May of 1999, the Planning Department approved a six-unit development with parking off the alley as a Type I Planning Procedure. After the public notice was mailed, the neighbors requested a public hearing There are no other planning actions of record for the property. S7 2) Detailed Description of the Site and Proposal: The property is 15,000 square feet in area and is located between Helman and Van Ness Streets. The site is vacant and slopes gradually to the northeast with an approximate 4% slope. The property fronts onto Van Ness and abuts an unimproved public alley in the rear. The property is flag lot shaped with 50 feet of frontage along Van Ness Street and 100 feet of frontage along the public alley. There are a few trees along the perimeter of the property. A front rear rear alley The property is zoned R-3, Multi-Family Residential, which allows 20 dwelling units per acre.The property is 15,000 square feet in area and has an allowable density of 6.8 dwelling units. The surrounding properties are also zoned R-3 with a number of those properties already developed with similar density ratios as the proposed project. The proposal involves the construction of three detached buildings consisting of two 2- bedroom apartment units per building. Four of the units are proposed to be 916 square feet in total gross floor area(GFA) and the remaining two units 768 square feet GFA. The floor plans as well as the elevations are very similar in orientation and design. Each of the units will be accessed via a meandering sidewalk that traverses the lot from Van Ness Street to the project's parking lot off the alley. A common area, with picnic tables and grass, is proposed in the middle of the development. Two bike parking shelters sit on each side of the common area and provide 10 bike spaces (9 required). The parking spaces in the rear will be accessed from an unimproved alley. The alley extends from Helman Street to Laurel Street and is bisected by another unimproved alley extending from Van Ness Street to Central Street. Based on the vehicle parking requirements the project requires 1.75 off-street parking spaces per 2-bedroom unit for a total of 10.5 (11). The project as submitted shows 10 parking spaces in the rear and the remaining space along the street as an on-street parking credit. One of the 10 spaces in the PLANNING ACTION: 99-062 Ashland Planning Department -- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 2 rear is a handicap space with a five foot wide exiting area. However, since the 1994 application, the regulations on handicap parking have changed and now require the exiting area to be eight feet wide in order to be "van accessible". Due to the lot's physical width and the required parking and trash areas, the additional three feet can not be achieved. After discussing this issue with the applicant, he has decided to reduce two of the units to 1-bedroom units. The design of the three buildings are reflective of the "bungalow" style - single story with single or multiple roof lines, broad pitched roofs, gable details and porches. Each are proposed to be constructed of six inch lap siding, 25 year architectural grade composition roofing material and single-hung vinyl windows. The units are 28' wide (front) and 24' wide (rear) with a slightly smaller front porch. The existence of the open porch helps define the house's entry. YI Ulllmlm _ M■ Is �Fy w .� similar style duplexes with alley in the rear on Iowa Street- by applicant The applicant's application also includes a landscaping plan and irrigation plan. The landscaping plan identifies street trees within the existing parkrow along Van Ness Street, three parking lot shade trees, and at least one shade tree for each of the unit's patio/rear yards. The plans also identify a mixture of turf and drought tolerant plant material along the sidewalk and common area. Two 20' tall trees (Hawthorn & Maple) exist along the northwestern property line and are proposed to be removed in order to allow storm, water and sewer lines to be put in. The applicant's landscaping plan does identify replacement trees. In the rear of the lot are two "wet" areas. Last month the neighbors in the area noticed staff who in turn noticed the applicant that a possible "wetland" existed in the rear of the property. The applicant requested a continuance and hired a local wetland's specialist, Plato Doundoulakis, and contacted the Division of State Lands, Gordon Dunkeld - field representative for this area, for further review. delineation area PLANNING ACTION: 99-062 Ashland Planning Department-- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 3 5 % Both specialists agreed there are "small" spots of wet areas in this area, but not enough to be considered a "wetland". Two letters are attached supporting their findings. II. Project Impact Staff has approved the application twice and the Planning Commission once as a Type lI approval. Overall staff believes the application is fairly straight forward and exemplifies Ashland's land use standards for multi-family development in a historic district and established neighborhood. However, with the new requirements for handicap parking and the concerns raised by surrounding neighbors, staff has addressed the following issues: Handicap Parking: Instead of a 14' wide handicap parking space, the current codes require a 17' wide "van accessible" space (9' for van/car and 8' for exiting area). In order to rectify the problem, the applicant has chosen to reduce the number of bedrooms within two of the units to one. By doing so will eliminate the need for one additional parking space and will provide for the necessary handicap exiting area. This change is appealing to staff in that it would also allow for a landscape island to be installed within the rear parking area(see photos below). Alley Aesthetics: Other alley projects recently developed around town have typically provided "softscape" relief in the form of landscape islands or grass-crete pavers in the parking area. As noted above, the addition of a landscape island in between the parking spaces or two 5' landscape strips on either end should.help break up the asphalt and provide some aesthetic quality. Staff would also suggest at least four of the parking spaces be in grass-crete. e � r. a similar development on Eureka Street with alley access PLANNING ACTION: 99-062 Ashland Planning Department -- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 4 fir.. Alley's Limit: Concerns have been expressed about the alley's limits to accommodate the vehicle trips added by the proposed development. According to the Institute of Transportation Engineers, Trip Generation, Fourth Edition, each of the proposed units will generate 6.10 average daily vehicle trips (ADT) for a project total of 36.6 ADT. With the front unit most likely using Van Ness Street, the alley's increased trip generation will probably near 31 ADT in a 24 hour period. National averages for morning and evening peak periods is approximately 10-15% or 3-5 vehicle trips per peak hour. It is staff's belief the added trips will have a minimal impact on the function of the alley and that all forms of transportation that exist today within the alley will be able to safely exist with the development. It should be noted that Ashland has a number of alley's with similar and/or more constraints such as narrow widths, zero lot line development, fences, over grown vegetation, and/or lack of surface improvements. In the majority of these cases, they also have many more vehicular, pedestrian and bicycle trips. These include: a) alley between Siskiyou Boulevard and Allison Street (library, professional offices, traveler accommodations, apartments, accessory units and single family housing) - 16' right-of-way, with only 12' - 16' travel surface; b) alley near Fourth Street, between "A" and "B" Streets (professional offices, retail, manufacturing, restaurants, traveler accommodations, apartments and single family housing) - 16 right-of-way, with only 9' - 12' travel surface; c) alley between"B" Street and Lithia Way (post office, professional offices, retail, apartments, and traveler accommodations) - 16' right-of-way, with only 8' - 12' travel surface; d) alley between Van Ness, Laurel and Hersey Streets (traveler accommodations, apartments, and single family housing) - 16' right-of-way, with only a V-6" - 11' travel surface. G. G. Id Poet Office alley- rear Post Office alley- rear Post Office alley- side alley between"B"& C'5treete e PLANNING ACTION: 99-062 Ashland Planning Department-- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 5 �a ct -: . alley between Van alley between"C" alley between alley between Ness&Heresy 5t5. &Emerick 5t5. 3r4&4"Ste. 4`"&51"Sts. Alley Access: Questions have been raised as to the poor visibility problems at the ingress and egress points of the alley and streets. Recently both ends of the alley, from Helman to Laurel Street and at the alley intersection itself, had overgrown vegetation which obstructed the visibility of drivers, pedestrians and bicyclists. Staff sent letters to each of the property owners in violation with the City's Vision Clearance Ordinance and each property has rectified the problem by reducing or eliminating the overgrown vegetation. Alley Parking_ By ordinance, parkin is s required to be from an alley when one is present (Ashland Street Standards Handbook, Section VI-5, adopted February 1999). There are numerous reasons why curb cuts should be minimized along collector streets. Some of these reasons are discussed in the Ashland Transportation Element and Street Standards Handbook. A summary of these reasons include: a) safety - the Transportation Research Board found that one of the primary contributors to low-volume road accidents (<2000 ADT) is the number of driveways per mile. Compounding the problem is the number of automobiles that have to "back out" into the road, often with limited visibility. It should be noted that increased curb cuts along roadways are not only dangerous for the automobilist, but also for pedestrians and bicyclists as well. b) modal equity - as noted above, for every added curb cut along a given street, a potential "point of conflict" arises for pedestrians and bicyclists. The more prevalent curb cuts are, the less likely a pedestrian or bicyclist feels comfortable walking or riding to their point of destination. It should also be noted the area has a complete sidewalk system, from all major points of destination - Briscoe School, Cantwell's, Downtown, Skateboard Park and the nearby mini-market on Skidmore Street. Although the alley can and will continue to be a safe pedestrian route, it should be understood the sidewalk system functions very well and should be continued to be considered the primary pedestrian route. PLANNING ACTION: 99-062 Ashland Planning Department-- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 6 c) historic context - the vast majority of Ashland's alleys are within designated Historic Districts. Alleys allow the most positive streetscape because it eliminates the need for driveways and the visual intrusion of garages. The addition of a driveway along Van Ness Street would eliminate a street tree in the parkrow, eliminate a portion of the parkrow, and eliminate an on-street parking space. Overall, it is staffs opinion the number one reason Historic Districts in Ashland are so successful is the existence of the alleys. Alley Improvements: The alley is not proposed to be paved to its full 16' right-of-way width. The only area to be paved is the applicant's parking lot which is required by the Planning and Building Codes. The alley will be graded and a 3/4" minus gravel rock surface will be installed under the supervision of the Ashland Public Works Department. Staff originally asked the applicant to pave the alley, but during the public hearings in 1994, the Historic Commission and Planning Commission preferred the gravel surface. This is an acceptable solution to staff, but the applicant will be required to sign in favor of a future Local Improvement District for possible paving in the future. The alley will need to be widened (not paved) to a minimum of 12' and a clearance of 16' in order to meet current alley standards. From some preliminary site analysis, it is staff's belief the 12' currently exist and will not need to be modified. However, there does appear to be two encroachments, a single fence by 2' and a single hedge by 18", within the alley right-of-way that will need to be removed in order for the required clearance to be gained. The two encroachments are directly accross from each other. It should be noted the encroachments in question are the responsibility of the City's and not the applicant's. Tree Loss: The landscaping plan identifies two trees (Hawthorn& Maple) to be removed along the property's northwest property line in order to install the project's sewer and storm drain lines. The applicant has reviewed the possibility of running the lines along the southeast side of the buildings, but there are existing trees on that side of the property as well. The applicant's decision to install the lines on the northwest side was further persuaded in order to reduce multiple "right angles" or obstruction points in the lines. The two trees are proposed to be replaced with a Raywood Ash and another Maple Tree. It is staff s opinion the trees are not significant trees and should be allowed to be removed and replaced with like kind trees. The applicant's plan does identify the water line along the southeast side of the property, but has since been relocated to run parallel with the sewer and storm drain line on the northwest property line. A condition of approval is attached. Wetlands: After some initial site analysis by an adjacent neighbor who found evidence of a possible wetlands on site, the applicant was asked to seek professional help in order to determine if there were "wetlands" criteria on site. The applicant hired a local wetlands PLANNING ACTION: 99-062 Ashland Planning Department -- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 7 consultant, Plato Doundoulakis, who delineated the area where certain wetland species were found. Two small areas of possible wetland materials were found and were delineated with small identification flags. The applicant then contacted the Division of State Lands, Gordon Dunkeld - field representative, for further review. Both Mr. Doundoulakis and Mr. Dunkeld agreed there are "small" spots of wet areas in this area, but not enough to be considered a preservable or significant "wetland". Two letters are attached supporting their findings. Although the findings for a wetlands were considered insignificant, staff does agree with the neighbors that some type of drainage problem is occurring in the area which in turn affects the site. As such, staff believes it would be wise to add a condition of approval that requires the applicant's storm drain plan to be engineered to accommodate this additional water. C III. Procedural- Required Burden of Proof The criteria for Site review approval are found in Chapter 18.72 and are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer,paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations The site is a classic "infill" site with the neighborhood's concerns being very understandable. The site has been left vacant over the years while development has occurred around it. And, although staff believes the applicant's plans are very much in keeping with the size, mass, scale, orientation and architectural context of the neighborhood, it will result in a change to the neighborhood - a neighborhood that hasn't had any changes for quite some time. On the surface, the application appears to be very much like the project that was approved in 1994. However, the application has been altered to the point that the project should be more responsive to the neighborhood's concerns. These include eliminating the alley's PLANNING ACTION: 99-062 Ashland Planning Department -- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 8 paving requirement, reducing solar access issues by hipping Unit F's roof line, reducing the number of bedrooms in two of the rear units to 1-bedrooms, increasing the storm drain line in order to accommodate additional off-site flows, installation of short parking lot lights, adding grass-crete pavers in four of the nine parking spaces and the installation of a landscape island in between the parking spaces. It is staff's opinion the application meets all of the required Site Review criteria. All of the necessary infrastructure is available to serve the site from within the Van Ness Street right-of-way or the rear alley. The development will not cause the alley to operate in an unsafe manner in that fire truck and vehicle access will be able to continue to serve the area. The project is a well designed and affordable development and should be an attractive addition to the neighborhood. It is staffs belief the project's open porches, window design, similar roof pitch, exterior building material, and mass will be consistent with adjacent structures within the neighborhood. In addition, because vehicles will access the site from the public alley, the project will further complement the neighborhood and the Van Ness streetscape. Overall, staff has little problem with the request as proposed. Staff believes the concerns raised can easily be addressed by the applicant as part of"conditions of approval". Staff recommends approval with the following conditions attached to the approval: I) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That prior to issuance of a building permit, the applicant shall submit to the staff advisor a revised landscaping/irrigation plan that incorporates the recommendations of the Ashland Tree Commission. 3) That all landscaping and irrigation indicated on the approved landscaping and irrigation plans be installed prior to the issuance of a certificate of occupancy. 4) That all requirements of the Ashland Fire Department be met prior to occupancy of the structures, including surfacing and clearance width of alley, hydrant location and fire flows standards if applicable. 5) That the rear alley be widened to 12' and surfaced with 3/4" minus gravel from Heiman Street to the project's western most property line, with all work done under permit and approval of the City Public Works Department prior to the issuance of a Certificate of Occupancy. 6) That the trash enclosure be installed and screened from public view prior to a certificate of occupancy. PLANNING ACTION: 99-062 Ashland Planning Department -- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 9 �$- 7) That all requirements of the Ashland Electric Department be met prior to issuance of a building permit. 8) That prior to issuance of a building permit, the two subject lots shall be merged and all necessary easements be provided as required by the Ashland Engineering Department. 9) That prior to issuance of a building permit, a drainage plan shall be submitted and approved by Ashland Building and Engineering Departments. Such drainage plan shall also be designed and sized accordingly to handle the existing off-site surface water flowing on to the site. 10) That prior to issuance of a building permit, the applicant submit a revised parking plan showing the 17' wide van accessible space. The plan shall also identify a 5' - 6' landscaped island with shade tree or two five foot landscape buffers on each end of the parking area. Plan shall also identify four grass-crete parking spaces. The applicant shall also submit revised building plans showing two of the proposed units as one bedroom units. 11) That prior to issuance of a building permit, the applicant shall submit a parking lot lighting plan. The plan shall identify low level lights that primarily illuminate the parking area only. 12) That prior to issuance of a building permit, the applicant's building plans shall identify a water, sewer and storm drain line to be located along the northwest property line. 13) That prior to issuance of a building permit, the applicant shall sign in favor of a . future Local Improvement District for paving of the alley. 14) That bicycle parking be installed in accordance with the design provisions in chapter 18.92 prior to the issuance of a certificate of occupancy. PLANNING ACTION: 99-062 Ashland Planning Department-- Staff Report APPLICANT: Dave Greene August 10, 1999 Page 10 SHLAND HISTORIC COMMISSIC Minutes August 4, 1999 QI T op CALL TO ORDER At 7:40 p.m.,Chairperson Jim Lewis called the meeting to order at the Community Center. Members present were Terry Skibby, Gary Foil, Curt Anderson, Dale Shostrom, Kay Maser, Keith Chambers and Jim Lewis. Also present were City Council Liaison Cameron Hanson, Associate Planner Mark Knox and Secretary Sonja Akerman. Members Vava Bailey and Joan Steele were unable to attend the meeting. APPROVAL OF MINUTES Steele had sent a message noting typographical and spelling errors in the Minutes of the July 7, 1999 meeting. Anderson then moved and Foil seconded the minutes be approved as corrected. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 99-086 , Conditional Use Permit 486 Siskiyou Boulevard Susan R. Yarne Knox reported this-application is for a transfer of ownership for the Grape Vine Bed & Breakfast. The applicant has read the file and has agreed to comply with the previous conditions. Chambers moved to recommend approval of this planning action to the Hearings Board. Anderson seconded the motion and it was unanimously approved. Planning Action 99-062 Site Review Van Ness Avenue Dave Greene Knox went over the history of this planning action,stating it was reviewed by the Commission in 1994. At that time, it was called up for a public hearing mainly because the neighbors did not want the alley to be paved. It was eventually approved by the Planning Commission with one of the conditions being the alley not be paved,but graded and covered with%minus gravel. The approval expired prior to any development taking place. The applicant is now ready to build on this property. He is proposing to build three duplexes for a total of six units. Two of the units will be on Van Ness Avenue, the rest will be off the alley. The units are consistent and in line with adjacent properties. Zoning is R-3, multi-family, which would allow 6.8 units(most likely 7 units if certain conservation measures or affordable housing density bonuses are allowed). All the parking is proposed off the alley,plus one on-street credit is allowed. The transformer and trash enclosure will also be off the alley. A sidewalk will meander from the rear of the property to Van Ness. Each unit will have a small private porch and there will be a common area for all to use. The units will be rentals—four are proposed to be 916 square feet and the other two will be 768 square feet. -Elevations are indicative of the neighborhood. The single story units are reflective of a bungalow design. Knox noted ADA requirements had changed since 1994 for the accessible parking space, now necessitating eight feet rather than five. Because of this, staff is asking the applicantto reduce two of the rear units to one bedroom each. This would allow a five foot grass strip on each side of the parking area. In addition, Knox stated four of the parking spaces will be required to be grass-crete. The alley has a 16 foot right-of-way;staff is requiring the alley to be widened to 12 feet(there are only a few areas that are not that wide now). The proposal will generate six vehicle trips per day per unit, probably three-four trips in any given hour. Staff is supporting this proposal. Skibby asked about the alley improvements and Knox responded the Fire Department requires a minimum of 12 feet. Knox said staff is trying to be sensitive to the neighbors in the treatment of alley improvements. Applicant Dave Greene added the two back units will have fire sprinkler systems also. He said this is basically the same project that was approved five years ago, however extensive work has been done on the design. Foll questioned the width of the parking spaces and Greene stated four will be eight feet and four will be nine feet wide. � 7 Maser asked about the color and mat I of the units. Greene answered they will be similar. When asked by Chambers about the window trim, Greene responded it will be five inches, with a five inch separation between the windows. s6ostrom' questioned the size of the siding and Greene said it will be six inch hardi-plank. Don Greene, part owner of the property, explained the design changes in the scale, bulk, and the rhythm of entry to the neighborhood. He also said the two units in back will be down sized because they will become one bedroom units. Lois Van Aken, 140 Central Avenue,agreed there needs to be a compromise. She explained she and the neighbors have many concerns regarding this project. Historically,properties have larger main houses in the front and smaller houses in the rear which are used as rentals. This project is not in keeping the historic integrity of the neighborhood because the front house is not larger and all the units will be rentals. She does not have a problem with the design other than the roof pitch. A major concern is that there is no access off Van Ness for any of the units;access is entirely off the alley. Also, many of the residences in the area have their front yards off the alley. In addition,there are a number of young children that use the alley. Putting in nine parking spaces off this alley will not preserve it. Van Aken said she would like to see an access off Van Ness for the front unit. She would also like it to be different than the rear units. In addition, she would like to see the two one-bedroom units in the rear combined to make one two-bedroom unit,which would make a better rental for a family. This would allow more of a buffer for the neighbors. She would also like to see smooth wood for the siding and a steeper roof pitch for the unit in front. She noted it is very wet in the back. Rob Hirschboeck, 147 Van Ness Avenue, stated universally,Van Ness Avenue consists of front unit owners with rental units in the rear. A heavy volume of traffic now travels on Van Ness. Therefore, residents use the alleys for walking and playing. This makes for an "alley culture"for the area. Van Aken interjected Central Avenue will also go all the way through to Water Street in the near future. Hirschboeck pointed out there are no multi-unit residences on that side of the street. It seems as though this development belongs more on the other side of the street, which is a buffer between the residential area and industrial area on Hersey Street. He also noted this is traditionally an area of springs. None of the neighbors is opposed to development,but what happens in the alley is critical. He would like to see a smaller parking area in the back. Dave Greene stated he was told the parking"should" be off the alley. He worked very hard to design the unit off Van Ness so it will look like a small residence from the front. The units will feel more like individual residences than duplexes. Lewis asked if the rental units could convert to individual ownership. Don Greene responded it would be difficult to convert because they won't be on separate meters. The units were designed to be rented by families rather than students. It seems to be a great location because of the proximity to Briscoe School. He notified the Commission and neighbors the wetland issue has been taken care of and letters are on file. He also stressed the fact that this proposal is not at maximum density. Skibby agreed this will have a lesser impact than what could be done. Lewis stated it has been discussed to not make more curb cuts and staff feels it is better to have access off the alley. Foll said he has looked at the Site Design and Use Standards and feels the project fits in. The only questions he had were on the parking and asked how the landscaped area would be done. Knox related there are conditions of approval regarding this and it will be landscaped to standards. He also reminded the Commissioners four of the parking spaces will be grass-crete. Foll asked if the back units could be combined to one. Don Greene said it would not be economical to do this. At the request of Chambers, Dave Greene showed where the electric meters will be placed. He also described the 6-8 foot parking lights,which will be directed downward. Chambers asked if the units will be considered "affordable". Don Greene said they will be comparable for Ashland. Skibby said zoning seems to be a major factor. The property will be developed because it is R-3. Lewis added all owners have the same rights to density even though they think the density is too high. Chambers agreed with Hirschboeck there is an alley culture with a truly interactive neighborhood. Ashland recognized this and fosters this, but since the density is permitted, he feels there is no easy solution. He sympathizes with the neighbors, but also feels the families that will rent the units will probably like where they live. Lewis asked about the texture of the siding. Dave Greene verified it will be smooth. Lewis then asked if the units could be painted with slightly different colors. Nikki Greene answered the units will have different colored doors. Skibby reminded the Commission the alley will not be paved and that the gravel surface will be more pleasant than asphalt. Foll noted the neighbors have said they like the addition of new people in their neighborhood, but he agrees with them this seems too dense. He appreciates what the neighbors have voiced as concerns, but explained they are bound be law. Maser observed all these units Ashland Historic Commission / t7 Minutes August 4, 1999 2 are the same, however this is a neighl ood where all the houses are different. L 3 agreed but said only the front unit will be seen off Van Ness. Knox stated the roof lines will be different. One unit will have a hipped roof and one will have gable ends in the rear. Chambers stated he feels the neighbors have valid concerns and the Commission sympathizes with them. Shostrom said he feels conflicted with this project. He thinks the units will ft in well and once built and landscaped, they won't be noticed as much as when they are in the process of being built. However, he sympathizes with the neighbors on the alley issue and can see how it will change. The biggest impact will be on the alley and the sense of an alley neighborhood will be lost. He said he feels the zoning should be R-2 and that the City has gone the wrong direction in many areas of the Historic District in designating R-3 zoning. Anderson moved and Skibby seconded to recommend approval of this application to the Planning Commission as described with the conditions as recommended by staff. The motion carried with Chambers, Lewis, Anderson and Skibby voting aye, and Maser, Foll and Shostrom voting nay. Shostrom stated his vote was more of a protest vote even though he feels it will be a nice development. Chambers added it is important for the City to continue to look at the residential zoning and the impact it has on the historic interest areas. Knox stated this issue would be more appropriate to be brought up in a study session. Ashland Historic Commission / Q Minutes fJ / August 4, 1999 3 C�; P9: 9: NF= " 0 0 0 HOMES P.O. QOX 515 /°.SHLA-,NO, ORF=C-,ON 97520 LICF=NSF=: # 17952 August 5, 1999 City of Ashland Historical Commission City of Ashland Ashland, Oregon 97520 Dear Commission, I would like to thank you for the careful consideration you gave to our project on Van Ness Street, as well as your sensitivity to the neighborhood. I have to say, however, that I was very disturbed by the vote. I am currently a Jackson County Commissioner, with seven years on the Ashland Planning Commission, two years on C-PAC and four years on the LC- DC Goal 1 Citizen involvement committee. I understand how important it is that the neighbors and concerned citizens are listened to and that their views are considered and held to be valuable to the decision making process. Throughout a hearing, we as decision makers, must be constantly mindful that we are here to interpret and enforce the ordinances that we are bound by. It is our job to gleen from the.testimony and the applications presented to us, how the facts relate to these ordinances. Emotions are a part of the planning process but are almost never based in the statutes. Our application, by your own discussion, met all the legal aspects of the ordinances that governed it. The emotional issues of density and alley parking have no basis in law. We are within the zoned density and are required . by ordinance to use the alley for parking (see Ashland Street Standard Handbook, section VI-5). Certainly the commissions concern that the R-3 Zoning could contribute to a shift in the historic character of this neighborhood is valid, but there is a time and a place for addressing that issue. The place is with the City Council, not in a hearing for an application that meets all current zoning laws. The Council is the body that can initiate the kinds of changes you expressed in your protest votes. We, as commissioners, serve at the pleasure of the elected officials. We carry out policy, we do not make it. By voting against our proposal, as a protest of the ordinances that we as applicants are bound by, you put us in the middle of a fight, that is not our responsibility and over which, we have no control. The '�U planning process cannot work if applicants have no assurance of having a project approved, even when it meets all criteria of current law. This is like working blind, with no strong leadership, leaving us all unsure of what we can do with our land. 1 hope in the future, you will not take your personal protest of current law to a hearing, but will instead, present your protests through a more appropriate avenue....study sessions and proposals to change the law. tcerjA Do n L. Greene Greenewood Homes cc: Ashland City Council Mark Knox Ashland Planning Department Notice is hereby given that a PUBLIC HE VG on the following A copy of the application, :r m rents and evidence relied upon by the applicant and applicable criteria are rn .le for inspection at no cost and will be Provided at request WI[h respect to the ASHLAND LAND_ JSE ORDINANCE wIII reasonable cost, it fequestea. A copy of the Staff Report will be available for be held before the ASHLAND PLANNING COMMISSION on August inspection seven days prior to the hearing and will be provided at reasonable cost, 10, 1999 at 7:00 p.m, at the ASHLAND CIVIC CENTER, 1175 if requested. All materials are available at the Ashland Planning Department, City East Main Street, Ashland, Oregon. Hall, 20 East Main Street, Ashland,Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and The ordinance criteria applicable to this application are attached to this notice. those in attendance concerning this request. The Chair shall have the right to limit Oregon law states that failure to raise an objection 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 criteria. Unless there is a continuance, if a participant so requests before the decision maker an opportunity to respond to the issue,precludes your right of appeal conclusion of the hearing,the record shall remain open for at least seven days after to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which the hearing. If you have questions or comments concerning this request,please feel ordinance criterion the objection is based on also precludes your right of appeal to free to contact Susan Yates at the Ashland Planning Department,City Hall,at 552- LUBA on that criterion. 2047 NOTE: This Planning Action will also be heard by the Ashland Historic Commission on August 4, 1999 in the Ashland Community Center located at 59 Winbum Way at 7:30 p.m. NOTE: This Planning Action will also be heard by the Ashland Tree Commission on August 5, 1999 in the Council Chambers located at 1175 East Main Street at 5:00 P.M. Property Requesting Site Review \ ;' for six units (3 duplexes) : Tax lots 04CC 2800, 2801 127°0-; C-D i PLANNING ACTION 99-062 is a request for Site Review for the construction of six apartment units (three duplexes), located on VanNess Street between Helman and Laurel Streets. Comprehensive Plan Designation: High Density Multi-Family Residential; Zoning: R-3;Assessor's Map#: 39 1 E 04CC; Tax Lot: 2700,2801. APPLICANT: Dave Greene �7 / SITE REVIEW 18.72.070 Criteria for Approval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) 7k, LIC. #17727' Dave Greene Construction 367 OXFORD STREET ASHLAND, OREGON 97520 PHONE: 482.8244 May 5, 1999 TAX LOTS 2700 & 2801 FINDINGS Submitted by Dave Greene This proposal is a re-submittal of a previously approved proposal. The current project is substantially the same as the one approved in 1994. 1 ) This proposal meets all appl1cable city ordinances as follows: Zoning is R-3. Total lot size is 15 :000 square feet, allowing for the six units. Lot coverage for structures is 33. 8%. 10 paved parking spaces are provided including one handicap space. ( Iwould prefer to reduce this to nine spaces for better access to garba)ge and recycle area) Front yard setback is 20' , minimum side yard setback is 61 , rear setback is 301 . The bulk and scale of the project is designed to fit in with the neighberhood. The duplexes are one story, craftsman style, all with covered front porches and private, fenced patio areas. Parking is in the rear off an alley with access to all units. The "commons" area in the center of the project is handy to all units. There are adequate city facilities available. Water, sewer and storm drains available in Vanness St. 2) Detailed landscape plan is submitted with irrigation plan. 3) Full hip roof lines on units E & F meet solar setback requirements. Other units meet solar setback repuirements. 4 ) Units C, D, E & F to be fire sprinkled. Units A & B are within acceptable distance from existed fire hydrant on Helman and Vanness. 5) Per Planning Commission recommendation, the alley is to be graded and graveled with 3/4 minus gravel, 12 feet wide, from Helman St. to the western property line of the project. Care will be taken to prevent excessive water runoff from Daved parking area to alley by constructing a catch basin in parking area. 6) Trash enclosure to be on West end of parking area and screened from public view. Recycle area to be nest to trash enclosure. MAY - 6 1999 73 LIC. #17727 Dave Greene Construction 367 OXFORD STREET ASHLAND, OREGON 97520 PHONE: 482.8244 7 ) All requirements of Electric Dept. will be met. Exact location of transformer and metering requirements to be co-ordinated with Electric Dept. 8) Provision is made for 9 sheltered bike parking spaces. These spaces to be divided into two locations to prevent too large a structure in one location only. 9) A drainage plan will be co-ordinated with the Engineering Dept. for ground water and downspout drainage to the storm drain system. 10) Sewer and storm drain lines have been altered to run. parallel with each other. 11 ) Existing trees on East side of property to be saved. See landscape plan for additional trees and plantings. 13) Possible noise from heat pumps on units A & B are a concern. I will be providing shields around them to reduce noise and will work closely with staff to determine the exact location. Units C,D,E&f will not impact neighbors as they are in back yards quite a distance from existing houses. MAY - 6 1999 7� i h I S � r� \ � 13ie15 55311 NYA I l ' I � .. � _. I I } i ,_ 75 ¢ P ybZry SaI°F �R4a�3� Sr r141 1 W3 H i -- — — — T — - — %": '• ..�..�w. ➢^1 I 1- • Sf. 'a I I I 1 I I I I I I I I 1 I i it{ I II i II 1 <9 -: t S� � � ,R `iii � •� I , I l I3 - -- --- - - - -- V m I u I 1 I rn J < I I CD w ,gr °rya €'.€ �!a'[ . d iO Ott ----- ---- - 7-7 1� o 11 Lu i��'' IF�._.�. V ill I IIIII�• .. � IIIIr I` c f N ji 1! I �!lik;ililu�: IIII � 1 r '� urrmmm� II Tml `It T I it o 4'•�I,1j11 1, 1 S ` V it ,I I rill o n ilfli (7) Jill III. J kill I ri, Tl� ' h ....:..... I i n i TIF f i I Ii yy it I 'I Ed] j I ,I.. I ?J S�. � .4 I �� �. R �ax• a gyp. r I1 I. K�# I E ► f I � E i � S3 LIC. #17727 Dave Greene Construction 367 OXFORD STREET ASHLAND, OREGON 97520 PHONE: 482.8244 7/drf99 F\\�/\x xx, x. WOOD FE&kr- '�GTJqA1r Ads c.�1LO PE aF GRpt�uD ! �-- — 04A� OW u (yRADL s94' #LAC�' �ETArr� No- SW(I[ WM OA) ' 3-NO$ aF TAlzlc'.Jo- �.asT � �YESr F.J�s OF. j'AR/<acl'r CITY OF ASHLAND j' CITY HALL ASHLAND,OREGON 97520 May 28, 1999 Mr. Dave Greene 367 Oxford Ashland, OR 97520 Re: Water and sewer services to tax lots 4CC 2700 and 2800. Dear Mr. Greene: This letter is in response to your request for a written statement summarizing our conversation that we had in my office on March 27, 1999. As we discussed, there is a sufficient water supply for both domestic water services and a fire system if needed to your new apartment complex on tax lots 4CC 2700 and 2600. The main water feed is a new 12-inch transmission line on Hersey Street, which then feeds to a six-inch cast iron main line on Van Ness Street that supplies service to this location. The existing sanitary sewer to this property is 6" clay. We have reviewed the City records and found that there have been no problems in the past that have resulted in capacity problems. The storm drain system is also 6". It has had problems in the past handling storm flows. This system is scheduled for replacement when funds become available. f Sincerely, Mike Morrison Interim Public Works Superintendent Van Ness Street - On Street Parking Analysis Week of July 25 - July 31, 1999 X", 4w Date:lZg 7� 7 Time: Date: lb 6 Time: = ZO 4�0\ 4w Al Date: Time: Date: n t vrc -7/75 Time: l 0 SS \Aw kq Date:- G 7 13. Time: Date: <ftjvrbA -jMI Time: 1= 26 Van Ness Street - On Street Parking Analysis Week of July 25 - July 31, 1999 i NNFSS NNFSS (- 1� W Date: Time: 7 oc Date: S. -7 Zf Time: lo'. Date:N04,b4, �2b Time: : ZoA Date: 7 L Timer s" o \\ x ;; NESS NESS \, sT Date: laW ZA i Time: 7; Date: '7 Z 7 Time: S 410 A �7 k t 1 '+1{.111 f � J� � r�1 /������`si��°�I✓� ' 1 1 r i1 l` �H���y`�1 r 1 rr r z• 'rl� � c aT ,( . r� r +11`� s t I � r.9I�! r '1 L 1 S• s i (t r etc.. R t A x -�tvlfF'n � i f/��# • f _ / r x ��`��l�l `�7ce�+u��Y! F� 7 r !� 11 � S 54 �� s t t : ' r y r�^,.� ,�AJ r�rs har'r✓ --". . —1 Y r.s C �FFtt// r r l 1 11 II ! 1 �f y ' e V ... ,�s \ \, y�11 !1/!/7• 1}I's'l.lJ' `� I �� �Il ��I q r � � r �I { loin ' o 1 0 � U �F regon Division ur State Lands 775 Summer Street NE N` 'F Salem,OR 97310-1337 Joh l,n.aahah.•r,M.D.,cuvcr„nr (503)378-3805 August 2, 1999 FAX (503)378-4844 TTY(503)378-4615 AUii State Land Board City of Ashland John A.Kitzhaber C/O Mark Knox Governor 20 E Main Street ' Phil Keisling Ashland Or 97520 Secretary of State Jim Hill State Treasurer Re: Wetland Determination for a residential property located in T39S, R1 E, S4 TL 2700 & 2801. Thank you for meeting with me on site at the above cited location to determine if wetlands are present at the site. As discussed, although some hydrophytic vegetation is present on the property (willow/sa/yx sp. and bullrush/juncus efusus) the other criteria needed regarding evidence of wetland hydrology or hydric soil presence simply wasn't present. Another point supporting the position that a State Removal Fill permit would not be needed is that such a small area contained wetland vegetation that even if it met the criteria for wetlands, far less than 50 cubic yards of material would be required to fill the site adequately for standard home-site development. Projects involving less than 50 cubic yards of fill are exempt from state Removal Fill permits. If you have further questions regarding this letter please contact me at (503) 378-3805 ext. 252. Sincerely, Gordon Dunkeld Natural Resource Coordinator Field Operations-Western Region JASalemlkjd of etdet.doe �y AUG-02-99 02:45 PM ATLAS Environmental 541 488 1526 P.02 Atlas Environmental Company PO Box 433 541-482-6814 Ashland, Oregon 97520 Fax 488-1526 August 2, 1999 Dave Greene Dave Greene Construction 367 Oxford Street Ashland, OR 97520 Mr. Greene: A meeting was held on July 7, 1999 at the property described as Township 39 south, Range 1 east, Section 4cc, Tax Lot #s 2700 & 2801 (the Site). Present at the meeting were Mark Knox of the Ashland Planning Department, Gordon Dunkeld of the Oregon Division of State Lands, Dave Greene of Dave Greene Construction, and Plato Doundoulakis of Atlas Environmental. In order for a site to be defined as a jurisdictional wetland it must: • have hydric soils, • be saturated to the surface at some time during the growing season, and • the prevailing vegetation consists of wetland plants (hydrophytic species). Hydric soils were identified on the Site, and there was some evidence that the soils are periodically saturated. However, the prevailing plant species were not hydrophytic. Although Juncus (rush) was common in one area, there were more upland species and their density was greater. Mr. Dunkeld and Atlas Environmental agree that the Site does not have hydrophytic vegetation, and therefore is not a wetland. He said that he would complete the Wetland Determination form to show these findings, and would forward a copy to the Army Corps of Engineers. Please call if you have any questions. Sincerely, Plato Doundoulakis Registered Professional Geologist cc: Mark Knox 9J ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant e Date Address \b� YLc� Commercial Residential Proposed Action: crt-, /Qeo' 3 ^ Recommendation:7 II►►e�Tcee C''� ,5iXNX� �—Q`3 CcC, {�D w2c _ Chi a' M +w� 41a�► f�'Co t C� n c O -E PQO " -L� CtkQ Street Tree Commission Representative Date Follow-up: � 6/22/99 Drew Lamb ���� P.O. Box 12 2 9 9999 Ashland, OR 97520 City of Ashland Planning Department Susan Yates 20 E Main Ashland, OR 97520 Dear Ms. Yates: I wish to express my support of Dave Green's plan to build a six unit apartment community between Van Ness and the main alley running between Van Ness and Central Ave. The proposed community appears to be smartly designed featuring generous square footage by apartment standards and attractive architecture that would compliment the existing neighborhood. The location is perfect for attracting small families due to its proximity to Briscoe Elementary, the skate park, downtown, churches, and Cantwell's market. This location would limit vehicular traffic by positioning local amenities (including the busline) within walking distance. Such a great location would allow families to affordably live in this neighborhood; perhaps, while they saved for a house of their own. Mr. Green's proposal is also very considerate of public safety being that ingress and egress is through the alley as opposed to Van Ness where there is likely to be more pedestrians due the sidewalks. High density zoning and infilling is extremely necessary to provide much needed housing and to prevent urban sprawl. Seattle has only recently adopted zoning laws that permit many units on small, irregular pieces of land and also allow homeowners to convert parts of their houses into apartments. Unfortunately, the damage has already been done. Traffic congestion and pollution is terrible. The urban sprawl has seriously hampered the quality of life and productivity of the Seattle area. The long term consequences of a spread out city must be addressed prior to making decisions against proposed apartment communities such as Mr. Green's. 9� The city should concern itself with this question: Is Dave Green's plan the highest and best use for this vacant weed infested piece of land? In my opinion it is, from an economic standpoint and from a "community flavor" standpoint. Mr. Green will probably profit more greatly from an apartment project than from a piece of vacant land, but only if he operates it professionally and efficiently. He will undoubtedly assume a great deal of risk and to limit that risk it would be wise to attract credit worthy residents who were of good character. To accomplish that task he will have to keep his property looking sharp by keeping the trash picked up and the landscaping trimmed. Such a neat community would surely improve the ambiance of the neighborhood. Kudos to Dave Green for finding a creative solution to ease the shortage of local housing without adversely impacting our community. Sincerely, i Drew Lamb 93 Contents For Submission to Planning Commission Igyg 1) Neighbors Statement to Planning Commission Submitted in the names of neighbors: Rob Hirschboeck Lois Van Aken James & Sheri Bowland Eva Cooley Adolfo Zanotto Arnold & Beverly Meads Gordon Hass Barbara Ross Ron & Coco Demele 2) Alley Conflict & Hazards Photo Copies 3) Copy of Neighborhood Opposition Petition & Signatures (multiple pages) 4) Copies of Lois Van Aken Statements to *Historic Commission * Tree Commission 5) Copies of Letters to Traffic Safety Commission & City Planning *Sheri & James Bowland * Kevin Boog 6) Biologist Wetland Plant Identification Letter - Barbara Knapp yy V '/�,1. !�( •�' � A b. ru. I J r e T IL r i 1 t r� I �- .rr •`•W� I rr��i�-ay x I I cwt{ AF ri } Ii S 1 I d T y ♦ �fi�..z,W r .� �. 1 J �{, I TO f 4.. lr r��r L. •�Jy i�' 1�I! I ♦ �Y ,A � I a� Cp ry CT A � w. S t \ 1 4 1 bpl "`•' nom 4 r .y d Petition in Opposition to . roposed Van Ness Developrri-,it Lots: 2700 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic laracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, and can not be met. We urge denial of this application as currently proposed. Name.& Address: Comments: (en use of alley, children at Bri,Lcoe) Phone #-. -rkj lallty �5 A w4 IKWAi VAr1 n -5 Gg r�s 2. .V la `ate l 1 YS MN uaS y8Z o 3. 141 \L zQ IJ t-sS P\v 4. �cf71�. 5. gilel�S 136464-f 6. 1 7. -)-V\ s+ Ibb K11a U.� l IA 9. 12. �V ? Z_ Z C. 13. 14. zr%�i� _ /, I �I t oz,-is J�L 7Z76 9� Petition in Opposition to oposed Van Ness Deyeloprnf—t Lots: 2700, 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic laracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, ,.nd can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: (eq. use or alley children at Briscoe) Phone # I CJ ( L. )+l? Yk /GIs. ti� J F—� I Cct.(!C 3. 4. . �^� r 5. 1 )�,C� � 6,C22�� 8. %:��-�,, ✓ "vZ{L'L Z� 76 rlLVL Ifs /'liC,r�l (K!; i �LCZr�. 9. J ,- r ;5TOU4.S ,414 ham: i,;e 13. Petition in Opposition to Proposed Van Ness Development Lots: 2700 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic character or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, and can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: rea use of alley, children at Brie Phone #: 2. I 8CC3-377 3 �G1. 159 ? L4 ��* y��-5, 5 4. 5. "71 6. z 122 7. Co� Lt— S�—� 7 3 0 A/ -,q - - 2 10. } 11. _ � , �- l�� l� � ,K6y� 12� 'A14 ( t('t Cr' J 13. �/ l J co gyp( I 1l 14. Petition in Opposition to roposed Van Ness Developm.,,it Lots: 2700. 2801 ... We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic iaracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, and can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: (ea. use of alley children at Bnscoe) Phone #: 1 . P,\-ev,'o. 6,do 7 yy'/Z C k�a) T , ; - Li "2. K&Y r-N Ken(Sc6 r r) I `t &eiA+r" 15 8 3l4 3.JOSS 1 � ULS ISC Cre4y--t 4 Z SPS-7 1l 0 5. 3D� EVONloc- /(,,D CCtiT2,19 L 7. & _ ro" Yt� �S ct ����� lC�c/ �L«S� t�t`�' ---Ci,)r�, y'1� , <1 11 . (%L. 12. 1_ _ 13. 14. �o� i q - 6.0 �, (v ti-rAueeJ /01 Petition in Opposition to . ,roposed Van Ness Developm ,ot Lots: 2700, 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic `iaracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, ..td can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: (w. use of allev. children at Briscoe) Phone #: 1fav Lk D `►irk eA 0q 5y mo], McavN. �A--L �� a 3. vl. 6 �( ( c l to `'C t (An p[{2& 7 8� cS 6 4. VJD (/A6-N'C'S& - rh„ lyoss (tl� w o w� 1 L( E� c a ��G s. n� ti 15� N. Lit a � 21574 7. 8. 9. 10. 11 . 12. 13. .4. Petition in-Opaositioo to Proposed-Van Ness Development Lots: 2700 2801 We the undersigned neighbors of the Van Ness, Central, Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic `iaracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, ..lid can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: (eg. use of aliev, children at&iscoe) Phone #: (Nl 1t 04 ate fVV 1. u�t t l 1 Dt `MGIC� {(y0 �c+47 . 26 tow- (4ckai A�rl pct f gl(c , 4AA r c J . Wjd.4 f nl.,LM.4 utij� r 4 2. 3. 1l p .� 2t SLFb-�c 4. 51 % "t'/ I ��•/ 6. a-LA / L'C-< `{�� �t l ATV �' 4- f 7. -4 . 8 / A 4 4""e IX Y 9. 10. 11 . 12. 13. .4. Petition in Opposition-ta- r'roposed Van Ness Development l=ots: 2700 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed Dave Green Development as overly dense, not conforming to the existing neighborhood, it's historic laracter or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, and can not be met. We urge denial of this application as currently proposed. Name & Address: Comments: (eo use of alley children at Briscoe) Phone #: LI� 1 .1� V � �- =4�� nJ GGt-rte.-2�. S� fM a(� d"e �'2 f o�✓�'l2 0- �- w i 2. U I'a. // a e �{ a/°"p Rj id s Y( � � r . r ( iI or. nml oae s�vr4 car 3. ' n /+-vim 4. 5. t 7. E Arej 8. — r '•' Goo./ / 9. =5 ri 10. _ 12. - 13. / /E ���L� L J ' rat f•a� 1` ��- -'] 14. �/ i /c y Petition in Opposition to Proposed Van Ness Development Lots: 2700, 2801 We the undersigned neighbors of the Van Ness, Central Community Oppose the Proposed'178ve Green Development as overly dense, not conforming to the existing neighborhood, it's historic character or city zoning intentions. We contend that all Criteria for Approval (18.72.070) have not, and can not be met. We urge denial of this application as currently proposed. Name & Address;. Comments: (eq. use of alley, children at Briscoe) Phone #: Ss Z s lk,C L-441 P 1 . ✓ t 1�tNY �u43I a hl -fA . Prr C. �, ti Ae 44A4-)( 3. 4. i ` (�U ilk S D Cai Ct er��'i 7 /�//// L�f 5. 6. -7. 8. 9. 10. 11. 12. 13. 14. / C� 1-999 105 Cocoa' Avenw-., DR 97-520 cc, 1999 d! Dear 114tonc: Goinn-iFsion Mernhet.-.. My name is Lois Van Akcn and I have owned and rewded ,:3, 140 Central Avenue for the past 13 years. I have concerns over Dave G,eenes proposed project as it is currently designed in that it does not fully meet the city's criteria For sit, reviev,: awkwal Specificaily !i fJoes not satisfy number 1F.72 070 le�.te; C •, T;-ie development coripHes With the Site Design Standaids adi,,p*ted' b,,,. 'he Cry Conacd for the implernentation of ',his chapter" and letter D i That adequate Wanspor-fation air! and SH be provided to ...the suNect �.-?ro.perty*. The! ir. the 10 car parlung lot on the alley and the alley onh, access is not compatible with His neighborhood ;r-, terms of safety. aesthetics. Avabilky and ,weseNation of is historic favor. Before ! diSCLISS in snore, detail my concerns, I would ike to point D.-A that e,,an though the city approved a similar project on As site in 1994, the condidons have changed enough that this project should be viev✓ed with totally fresh eyes. The MW changes are that the ^opuhtion has shifted to mosfli� cic,-,U 'ied N •ves in vAhich a tiiq.h I)-2i-CePlagO Of the WMASS AM You, children Tha o0e; chanqc is that th:s,ovinei pcoulabon is said inveshod in cnairVaitnq z� na c, we xvipehy iq queshni is I-) Deihaps one OF tie oldest and most Th.. naitcular neighborhood under clawswn is Nyvinryn UY Dynno' 7., t scoit!�, Ness to the noth. W the west The square thus fornied is bisectes mrl ugh 41 mWe !IV 1YcL Won Shch 117eet in 3 cross in ":,.e ,.,'ei\,, T�ie s �-c muNapAy residential vhch I behove -:vas intended to house familm eciJ; r:niicaHy snd in We proxiniitv to down ov,,n, Bfisr�oe pubhc Annsporlation, These properties over the years haw evoked to typicall to have an owner occupied "mat" house with skeet access at Hie Fran! of the jxope& and to have One to two small rentals in the rear FAccessed. !DV the Ei!;,&,V,s 3 capacQ; because of livabKOV, access wid pruking issues The back wAs have Mr -fron!" yards facing the alleys and in some cases have thOr hunt dons open righ! orho the Say 06�nseives. The alKys Vatic becorne a AM and whildiien of thle nieighb-c;hcod congregate to Lo�iaiize, pla'y', ✓Jajk auc- Me. hi fact some of the :)vvners have moved back to their alley honi-.es becaose. the My thus far hat e been much safer and quieter than the streets. in the cit '� c -ndbo for 2- 1 'tg anal .1 Sc;-�, - Ly , pttli ation entitied: A Ha oki ann�;_ _3 d Designin -e ,-i:l-,ys are defined as a stree, type" It descibes our particular n8ighbo Nwod street design as being traditional or neo-tradjiona!" which is a planning and deign concept MAO has many features of urban neighborhoods developed prior to World War 1K It goes on to say that the single most distinguishing features of traditional neighborhood design is the continuous fabric of intimately blended land uses, arranged so that travel between them can be made by walking, bicycling and transit in addition to the privately owned auto. In addition there is a center which is a publiaspace such as a green, a square, or an important street blersecdc, The center is the focus of the neighborhood. These alleys and Q the c!oss secNan of our alle,fs have become the heart of the neighborhood. Pair. Greenes lots are in the very center of this heart and have been vacant ;:i tong timne, The density of the development although strictly _plowable in this zone is in contrast to the "norm" in the neighborhood which consists of owner occupied homes and supplementary rentals. Tile current development would significantly alter A not destrcy our neighborhood's center. The other significant Mergence from the standard if our neighborhood is that ,he My access to all the units is via the alley. Because there is no accessifrom Van Ness and due to the number of units, a ten car parking lot covering the entire width of the properties abutment to the alley is proposed. This will not only yeatly impact Our neighborhood/culture in terms of safety for pedestrians and cyclists but will also be an un.elieved strip of asphalt with absolutely no barrie's er screens cwovided vvh�-n vre• ied from the 'Aey of adjacent nropertv9s. in Th, Si e booklet pr-';.:ided by the cqy. it i?, stated that fru'r-, both an aethedc Q orblica) viev+. .. ea landscaping and desgn is an !-npoifant all Wiles of development. Because part hq; yeas ar, !!! .,;Ze M accomm""---'ate cscr; e'nd trucrs 'hey are I rzsens;tiv- and to han:a i _cale. �d!iIC!-;=!II' oise. heat b uff%el i ands caDing, sash as sen-ris and`scaped AT shots, hedges i�ees ai-un�J �rie permieter of a paikir, atea al; greatly !e.ssan the noise. and onighliness of the podanci area �.', its ;,eiqQoK . Mile 1 u:-,derstand the chQ; desire Q AM woe curb cuts rMn Van !less tjy doinrg; so t in vvilth th-'- Scole c? the Pro wt it a large ugn, carkiky Iot an the My 1 do no: oche'.'.. lt!iF- 'nilleyscape of O"r neighbohicud otich is iust as iiniporta nt tc Lis as ow, sysetscape sh-uld oc, sachficed in save one --.uf!D cut anr.J for the 'bonef;o cf '%rfe individua; in addlon to lit, concerns above, ! would also hke to saggest that ',t)e current omposed 5.5 and 12 pitch on the duplex rook is not Weep enough to 7and .12 or steeper. additon,th,:,, p:ans call for 25 year composbon ma5m; just he typical Wee tab nofing rnatenW. ! think composdon roofing ,,/ould add interest, and hiNadc kavo The pko,i do indude anv QlIng A= for the parking area vvhich. 'co n -el Th. Ashland Sit,e Re-view Standards clew iy states that f,,rai king iot �igh&rq not sht ne o:?io adjacent residential proDerties. I would like to see the lighting Otwes • nk histotic. '-�e aimed al%,ay from the alley toward the an! coinpie,,,. Cmd i. ar�d' vJattag3 iii—wt aticr:z My recommendations are that the current project not be approved because it does not meet the essential criteria for site design set forth by the city and does not preserve the historical nature of the neighborhood. I do think that a compatible development can be designed with less parking and to include access off of Van Ness A smaller parking lot which is screened tastefully and additiona! access jwoWded W 'An ',less woi-ld be nore. if, keeping ,!,-ith the h.c-od Realistically, this mean s that Mr. Gi-eene May h_nJe to tum, 01%e cr tv,;o of the dup!eyes into single family dwu;1inqs. Sincerely, vat MAI", Lois Aker-, C; ✓611 19$9 AAArid, CYR DON, A.q, 2S 100i AsIlarld Tres floninnssitz. My name is Lois Van Aken and I have owned and msided at 140 Central Avenue for the past 13 years. I have concerns over Dave CG,eeries pror)csed project as it is cuuently designed in that it does no' fully,i-neet the citv's criterie, for sit-e' revievv aPPMak QedfiC,FIly -t jOeS not SaASfy nUmber 1 E172,570 lette r 11 " TQ� deve1opnien! conyles vK Vile Site Design Stan.'.4ards adir-,pt-ed bv Cri,,,.; th:� mjAementation of UK chapter" and ett& D , howspulabon can and' %viii he provided to ._Ah:: suNeat pwpeny- The desgo, if-., oarticuIr the 10 car parking lot on the alley and the alley 3ii;y ac_,-fss is :-irz 'c -,,pat "orhood bi terms of safety, aest!i--,tics. clnd', - in lible -ovith this rieighP� oreservabon of its historic flavor. Before 1 -.'isl,'.Iiss in ri-ore detail my concerns, I wouOd like to poi:--,t -)Lit tr!a-- evert though the chy approved a similar project on this site it 19,94, the candRons have changed enough that this project should be viewed with totally hash eyes. The --i--arlgels are that the popuWhon has shifted to mos!.!1,., owner oncu pie J :Dmres ii Nigh pern-erttaqe A the Landus hav--- yo:.)nq, chi!d!en TO Mhof U-ia-, Ns oy,ner populahan is conAdei at.ly nio'e and mi,,--sted maintaining a quamy news "I K lot ske, the devebuer pIns to ;un his sawo sW Va!� NasF his mugh m roOne deciduous Vees . These trees appear heakh, and prowdr,, area and certaKi provide �hade Vie �,:�I �h�" «' ace Propemi :0 We no;-hvi-esL This, same adjacent piopei-tj osAwe shade boa located Me close to 1he property lini--- dishwbel Oy the Warqc se`,voir arid storm dimin constructioni.. The 0 'N 't trees on AD of the drainsv,!Ihich it take years fn reach D. sizs alyl question the sensloHly of •hAng bees over and', sierrn C'-. in pipe-, tThese ;.ate:. Io vaig tran� are to be found K ve, wei areas in . distinci� fiafl-i 1ne and culininating onto the snNect propert,.'. vou Car, v�c%"( -)f these knes Mich • am not planii d have sp[ung Jlo m-n-lnr"tvP& For A or more roonths of the yeaf there is Ti �,onstant suem'l ofwater flovang soul " eat Wong the alleys and unt.-., N4r. Gieenes oropei-ty. During these 3 months tho property is awash vith. standing water. The CLMO'f S;sues ace significant an this Me vvith 75%, o� of the prope-"'y beim., developed ink) RDOPASLIS SIP faDS PC tie rernovsk of M enstaig trees. I also have concerns about the. virtually unrelieved alleyscape that will be created by a ten car parking lo', that extends the full width of the property along the alley. The developer is not providing any plantings of any type around the perimeter of this lot to screen the abutting neighbors for the heat, noise, dust, light and odors generated by auto trucks- The plans indicaie cm!y two trees along the north in conclutdon, 1 oppose this pi Gillet as it cmentiy deogned because of As remo✓a; of NMI makre trees, the location of stonm and --�evvei drains under new plantings. the lack of regard and cant de rat!oi• of the sigmicant water d1rainaqe situation and the conqAeta lack of vegetative screeniq a oiag the south, easf and vvest borders of the large paNang area. Sincerely, �-ois June 24, 1999 PO Box 1103 Talent,OR 97540 Attention Jim Owens Public Works/Engineering Ashland,Oregon 97520 Dear Sirs, I will be unable to attend tonight's meeting,but I wanted to have the opportunity to give you my thoughts on an issue you will be discussing tonight. This letter is in regards to the proposed development on Van Ness with three duplexes,in fight of the continued traffic problems the Van Ness/Central alley has been having. This alley is a narrow one—under the 16 foot width in places. In fact,on the Heiman end, it is only 12 '/2 feet wide, while a fire truck needs the very minimum of 12 feet of clearance to squeek by. Already there is an ongoing problems of cars parking on the alley—either off to the side or directly in the middle of the alley. (I know I alone have called the police department at least 10 times since the last(tearing on this issue) At either rate,because the alley is so narrow, any parking on the alley makes it all but impassable in most areas. The addition of 10 parking spaces on the alley will be a huge impact on the alley. Backing up hundreds of feet to pass each other on the alley is going to be common place. Considering the following safety issues, this makes die effects even more dangerous. The speeds on the alley are still excessive. Many cars do not adhere to the 15 mph signs. Additionally, I question whether this speed is appropriate given the conditions of the alley(many blind spots,narrow, heavily uc�d by children and pedestrians, etc.) Even the two lane;wide,paved road running along Lithia Park is 15 mph—this alley hardly compares to that street. An additional 10 parking spaces on this alley, from very small housing which one can surmise will be full of students(wide roommates with more cars than typical)—is going to have a tremendous effect on the safety of the alley. Although the sign in front of Briscoe School says 20 mph whenever children are present,this NEVER occurs. Walking along N Main with children is simply not an option. Parents have realized this and therefore heavily rely on using this alley and others like it to walk to school with their children—or walk to the Minute Market or down to die Plaza. It is currently perceived as a"safe" route—that is—safer than the alternative. Furthermore, it is also used by many people walking the alley for exercise or enjoyment, as a safe and healthier alternative to walking along North Main. The safety of this alley after an additional 10 parking spaces are added will become highly questionable. As I mentioned the alley has many blind spots. Most critical are 1) leaving the alley, turning or:o He!rnan. 2)the juncture of the two alleys in the center and 3)leaving the alley,turning onto laurel 4)at least two of the homes on the alley have front doors which open right onto the alley—both are inhabited with at least one child under the age of four years old. Leaving the alley, turning onto Heiman, my car is 15 feet onto Heiman before I can ascertain if a car is coming on Heiman so that I may pull out. Granted,I Have a large car,but the visibility, due to the hedge,tree,and green pick up truck which is always parked on that corner, make it very unsafe. Even looking up onto the sidewalk to see if a pedestrian is coming, means that your car is already blocking the sidewalk before you can view this. The center juncture of alleys also make it impossible to tell if a car or child is coming through the Bush alley, until you have already passed the point —again a child would be dead if the timing were right. Finally turning onto Laurel is equally difficult— with the shrubs and all the parked cars, both viewing the sidewalk and then to get onto die street. The proposed development only plans to pave from Heiman street up to die edge of their development. To think that cars would only use the Heiman entrance is ridiculous. The rest of the alley will surely pay the price with huge increases of dust,odors,and other environmental pollutants being generated from die increased traffic on the alley. The first two houses that sit on the alley, directly off Laurel street,drive up the alley and turn onto Helman every morning. I(tear their jeep roar by in a swirl of dust every morning— their house sits about 50 feet from Laurel,yet they go the other way. I use them as an example to illustrate the behavior which everyone on this alley uses—the shortest path to get to where they are going. If going to Ashland somewhere,people use the Helman end;if going towards Medford,they use the Laurel end 'Iliese additional 10 parking spaces on the alley will use the same process and use both entrances. Finally,during the winter time,this alley is a virtual flood plain. A spring appear to drain down through the alley,particularly at 162 N Laurel(on the alley), by 160 'h Central(also in the alley)and right in the juncture of the two alleys. The alley is literally flooded with water and draining down through specific yards. The proposed development is one of these yards. I question what will happen now in the wintertime with draining and the road with the additional amounts of paving. This issue needs to be well researched and planned for before the development proceeds. Please be sure to address this when making your recommendations. I am not opposed to development—I welcome more people into my neighborhood. While I hope that tl.ey have similar interests as myself and many of my neighbors to walk or use mass transit as much as necessary, I know that this is unlikely. This alley seems to be one that is mostly used as a"backup" access where cars mostly can use their main street entrance. To bring in complete access of ingress and egress entirely on the alley, in view of all the safety issues and difficulties already existing,seems ludicrous. The alley cannot support this. I urge you all to not support thhis development as it is currently proposed and help protect our children and our families. I would hope that you recommend that the main entrance comes in off of Van Ness,a street intended to be able to support such an influx of cars. I hope some of these other issues can be rectified. If you do approve of this development as it stands, I would hope die following items might be considered, in order to make this alley and neighborhood be livable and safe for all: 1) Remove the blind areas from either end of the alley and in the center—require owners to severely cut back shrubs and trees so that visibility is cleared. Put no parking zones right at each end—one car length?—so that safety for all can be possible. 2) Change speed limit to 5 mpli. 15 mph is simply too fast for this alley,being a dirt road,narrow,and densely populated. 3) Put in"No Parking on The Street"signs up die entirety of the alley,exactly like the ones which exist on Lori Street(between Glen and Hersey). 'Lis roan is paved end much wider. Two cars can easily pass and visibility is quite clear. This alley should have simih+r signs—there is no sign to die contrary and I imagine people think there is no harm in pulling off to die side. Yet when they do so, a fire truck could not get to my or my neighbors house. This puts us all in a dangerous position., 4) Recommend that more parking spaces occur on the front of the unit(off Van Ness) perhaps 2 parking spaces could be the hriwdmun off the alley—since that is the typical for a single family home. 5) Require the developer to pave or rock die whole road. As another thought, we and many of our neighbors would support a blocking off of the alley at the juncture of the alleys—with a tree and perhaps a bench. Tliis would ensure that those 10 parking.:p=es utilize the Helman end. This neighborhood is a struggling one. In today's age, it is a rare occurrence to have neighbors work together for common goals—and promote living in ways which minimally impact others. We are hoping to maintain the safety, healthiness,and supply good neighborliness which mostly exists right now. At the very least, it would be extremely detrimental to see it get any worse. Please consider these ideas and I urge you to not support this proposed development, without major adjustments made to the plan. Thank on' S41ien owland �� ✓G: h�� 165 '/2 Van Ness I 482-0260 June 30, 1999 Sheri&James Bowland 165 '/2 Van Ness Ashland,OR 97520 City Planning Commission Ashland, OR 97520 Dear Commissioners, I wish to let you know of my concerns regarding the 3 duplex project of Dave Greene's on Van Ness. I think his development can proceed, but severe modifications are needed to ensure the safety of the current and future residents and neighbors. My concerns almost entirely center around the impact of the development to the alley itself. I have also sent a letter to the Traffic Commission but it is their belief that it is entirely the responsibility of the Planning commission to consider and address all these areas. While I do disagree a bit,as there are current problems which could be addressed, I am enclosing the letter I sent to them. My family and I urge you to disapprove the current plan to have 10 parking spaces on the alley. 1. If a lot owner is going to develop his or her lot as a flag lot, I believe they must allow a 20 foot easement. Yet this property is going to be accessed by a road that is 12 '/,feet wide in several places— 16 feet in a few—and certairdy not 20 feet. It doesn't seem to make sense to allow total access to be placed on this alley, which barely supports the current residents. 2. This alley would not be capable of adequately handling flue increased amount of traffic this development will bring. A child was recently killed in Ashland. This alley is already an accident waiting to happen. To intentionally increase the amount if regular traffic in this narrow alley would be very unwise. Backing up long distances to allow passage will become common—given the many blind areas and close proximity of houses to alley(with many children 6 years old and younger)this will be catastrophic. Thank you for your diligent consideration of these items and those presented in the attached letter. Sheri and James Bowland Eva Cooley 143 Van Ness Ave. Ashland OR 97520 Barbara Knapp 348 Iowa St. Ashland OR 97520 June 15, 1999 Dear Eva. As you requested. I have collected and tentatively identified the sedge and rush species that are growing in the lot behind your property on Van Ness avenue in Ashland. I believe the sedge to be Carex densa. described in the current edition of the Jepson manual as growing in at least seasonally wet ground and the rush to be Juncus patens,also described in the Jepson manual as growing in marshy ground. The area covered by these species is about 1000 square feet. I estimated the Carex at 15%cover and the Juncus at 30%cover in this area. As I e.•ptained to you,you should get these identifications confirmed by an expert in these genera, which t am not. i have the collections of these and some of the grasses on the lot, if you need them. I have not been able to identify the willow to my satisfaction yet. I have a B.A. in biology and a M.A. in Ecology and Systematics,with an emphasis in rare plant biology, and I have been working as a contractor doing botanical sur%vys in southern Oregon for four years. Sincerely J Barbara Knapp i/ y� Monday August 2, 1999 1 Re: Planning Action 99-062 Dave Green Application Van Ness Street Dear Ashland Planning Commission: I am writing this statement to be submitted in the name of a group of concerned home owners and local neighbors in the Van Ness, Central, Heiman , Laurel, and Skidmore community. We are in opposition to a Planned Six (6) Unit Apartment complex proposed by Dave Green for construction off Van Ness and the main alley running east / west between Heiman and Laurel. These Units, all under 1000 Sq Ft., would be housed in three duplexes filling 75% or more of an existing "L" shaped lot. The proposal calls for 9 - 10 parking spaces off the alley two lots distant from it's intersection with Heiman St. The long alley would be graveled or paved to it's junction with the Bush Lane alley between Central and Van Ness. We contend in this statement that the proposed development does not conform to the existing neighborhood, it's traditional usage, historic character, to intentions of City zoning, nor to Comprehensive Plan Policy. We believe such a development, in it's density, transient character, and parking requirements can not easily be assimilated into or become an integral part of the existing neighborhood. It would in fact negatively impact and likely destroy what is now a uniquely interactive four block community, alley culture, and successfully zoned neighborhood. We will attempt to show that the criteria for application approval (18.72.070) have not to date, nor cannot be satisfactorily met by this proposal in it's current form. We furthermore contend as local neighbors, that the cross alley system between Heiman & Laurel, Central & Van Ness does not have adequate carrying capacity, safety conditions, or infrastructure suited or appropriate to the increased traffic usage this development would bring about. We suggest that such usage would in fact be a significant danger to residents of the alley, create a general traffic hazard at Heiman Street, and be unsafe to pedestrian and bike traffic in everyday use between Briscoe School, the Skateboard Park, local shopping facilities and the Down Town. All of these exist within a one to two block radius. "The challenge to the community is to have all changes, by growth or any other cause, result in a living environment equal to, or better than, the present one." (Chapter II - 1 Ashland Comprehensive Plan) **air The Present Neighborhood: The Van Ness, Central, Heiman, Laurel community is today a square block neighborhood intersected by a cross alley system. Zoned R/3 it predominantly consists of small lower income single family owned homes, many with an additional unit or two,on the property to help support ; mortgages. These rental units, most with adequate space for their own yards or gardens, support an eclectic mix of young families, students, local employees, and artists. Several families with small children live directly on the alley with front doors opening on to it - making the narrow alley more or less their front yard. Most of the occupants have been in residence for many years, are a variety of ages and (2) incomes and work locally. Our Children attend Briscoe School and there is a nice feeling of urban neighborhood friendship amongst the inhabitants. Central and Van Ness home owners as well as alley residents have come to know one another and become friends. We love the historic nature of our neighborhood; its diversity and close proximity to downtown, yet with relative peace and quiet. Perhaps the heart of this unique community is the "alley culture" that has grown up between Central and Van Ness. With owner's properties backing to the main alley and the open space currently surrounding residences, the alleys provide a peaceful crossroads environment for neighborly interaction. Whereas Van Ness Avenue is something of a race way and off Main short cut in and out of town; the alleys by contrast enable neighbor to neighbor interaction and backyard chats. They are a safe pedestrian thoroughfare for locals and a play area for children. They encourage biking and leisurely walkers to Briscoe School, to work, to Cantwell's, and to town. We believe this is precisely the kind of near to school and downtown neighborhood which the Comprehensive Plan seeks to encourage: "One fact that is unusual about Ashland is the method of travel to work by Ashland workers... This is significant, as this factor contributes to a host of relate subjects, such as traffic density, air pollution and the importance of pedestrian and bikeways to the local population... For many, it is simply quicker and less expensive to walk or bike to work... Therefore. the City should pursue policies that make these alternatives convenient " (Chpt. VII - 9, Mode Of Travel - Comp Plan) "Residential Neighborhoods can also contribute to a reduction in energy use by providing solar access and encouraging trips by bicycle and foot This type of development should be encouraged. ' (Chpt VI -11) Moreover, this Skidmore Academy and Briscoe School neighborhood is deemed by the, Handbook for Planning and Design of Streets, as a "traditional or neo-traditional" area. (pg. 2 Section 1) The section deals with street design and says, "Neighborhood identity is largely influenced by the streets in the area." A traditional neighborhood, "street is treated as a public space and is considered'a key element of the neighborhood." (ibid. pg. 4) Though alleys are all but ignored in City Planning documents, we as a neighborhood would hold the same applies to our central cross alley system and alleyscape. Traditional neighborhoods, this section goes on to say, "...revisit many of the features of urban neighborhoods developed prior to World War II ...and were designed to be easily used by pedestrians, bicyclists and transit riders." - " In the traditional neighborhood street network, the traveler can choose from many routes available on the basis of what they see out on the street... the multiplicity of routes available also lets the walker/cyclist match the route to their particular skills. For example, expert cyclists can choose to take their place in traffic as a fully-vested vehicle, while low-skilled cyclists can travel on small, possibly more circuitous routes" (pgs. 2,4 ibid) Let it be acknowledged that the skill level of most of the kids living on the alley and many who use it as a way to Briscoe School has not yet readied them to travel as 'fully-vested vehicles". This alley access, narrow and unsuited to two way traffic, allows them that alternative.(3) Should this "equal opportunity" (ibid pg. 5) for small children and others to walk or bicycle safely in this neighborhood be sacrificed in favor of one non-resident developer, and landlord's multiplex parking needs? Why? The Proposed Development: The Six small Units (4 at 916 sq. ft. - 2 at 768 sq. ft.) would encourage a density of a more transient housing population not consistent with anything now existing between Van Ness and Central and set a precedent over time for converting the entire alley adjacent neighborhood into a densely populated small apartment zone drastically and forever altering the character and quality of the successful existing Van Ness /Central; Helman /Laurel community. a) The Developments 10 alley parking spaces would generate a minimum 40-50 more daily traffic trips along the alleys, with increase speed, noise, & dust, to a currently pedestrian and child friendly thoroughfare. b) Nothing of this sort currently exists between Van Ness and Central. Multi-units do exist on the North side of Van Ness which have no existing backyard community flavor as they back to the Railroad tracks and Saw Mill. The multiplexes on the north side of Van Ness work well, are appropriate to the neighborhood and coincide with the Comprehensive Plan, which says; "North of the railroad district is the Hersey Street Industrial area, which extends from Laurel Street to Ann Street. This area features mostly manufacturing and service related industries. Hersey Street here forms a border between a residential area and a manufacturing and commercial area So uses at the edges sometimes cause conflicts... New uses should be encouraged to be relatively quiet ) (Chpt VII - 10) These multiplexes on the periphery of the residential neighborhood, which, as apartment housing are generally more transient, traffic intensive, and generate more noise, nevertheless, here act as desirable "Buffer zones" to the industrial area, and, "provide a transition from one type of privacy level to another", as recommended on page 6 of the City Site Design and Use Standards. They have been integrated and work well within the neighborhood. (*It should be noted by planning that these successful multi-units along the north side of Van Ness are all accessed by Van Ness curb cuts.) In the heart of the neighborhood, however, such multiplexes would manifestly disturb it not destroy entirely the the character and quality of a successfully existing community. Housing Chapter VI of the Comprehensive Plan states in this regard: 1) "The marketplace will then be the major determinant of which type of housing will be built in the various zones, within limits imposed by the City based on density, aesthetics, and neighborhood compatibility. (Chpt. VI - 4 Comp Plan) 2) "Various housing types each have a place in Ashland in providing for housing demand. However, it should be recognized that some of these are more compatible than others with the City, and with the neighborhoods in which they would locate, so care must be exercised in allowing some housing types." (Chpt VI - 6 Comp Plan - Housing Types) 3) "Do not allow deterioration of residential areas by incompatible uses and developments) ...Mixed uses... should be considered wherever they do not disrupt an existing residential area." (Chpt VI -12 Comp Plan - Policies: 2, a & c) Furthermore Section B. Multi Family Residential Development, of Site and Design Use Standards (pg. 14), states: "For new multi-family residential developments, careful design considerations must be made to assure that the development is compatible with the surrounding neighborhood." More than 80 protest signatures from surrounding neighbors of this development contest it's compatibility; mostly with regard to the density of the housing, design of it's parking plan, and their effects on the cross alley thoroughfare at the heart of this existing and successful neighborhood culture. We do not believe that this development will; "...result in a living environment equal to or better than, the present one." Other Issues: There are a number of other significant or troublesome issues of concern to the Neighborhood; these include: 1) Alley Capacity & Safety 2) Drainage and Wetland Concerns 3) Insufficiencies and inaccuracies in Current Plans. These will be discussed in brief, followed by suggestions that would make the development more palatable to the existing neighborhood and more easily assimilated into it. 1) Alley Capacity: As has been noted the alleys in question are narrow. Unimproved they have a width ranging irregularly from 11 - 14 feet. Even improved from the parking structure to Heiman Street as proposed, (which would require removal of a neighbor's existing fence on the left side of the alley) it still would not provide two way traffic clearance at the intersection. This means cars coming from the development would need to back up some 60 feet to allow vehicles entering from Heiman a chance to clear, assuming it would be more hazardous for the Heiman driver to back up into traffic. The whole of the unapproved alley length, to it's junction, or on to Laurel Street would of course still be used by drivers heading to westerly destinations. *(Note: Please refer to attached pictures of the alley, which'demonstrate width proportions, child conflicts, and other hazards.) This Alley has already come up for scrutiny with the Traffic Safety Commission due to speeding and parking on the alley thoroughfare. This resulted in the placement of two 15 MPH signs. Even with today's lower alley use by automobiles, speeders do cause considerable risk. As recently as July 22nd a hit-and-run driver clearly out of control, struck and totaled an alley resident's vehicle parked in a parking pad entirely off the alley. That is a frightening thing considering some eight young children now live directly on the alley. (5) Foliage at the blind alley junction and at the streets has been cut back, but this alley is still not suited or safe for regular auto trips in conflict with pedestrians and child play. It is curious that the City requires 20' widths for standard single residence driveways, yet here will access a 10 car parking lot on a 12' width of alley commonly in use by pedestrians and trafficked during peak hours by children going to and from school. These alleys are not engineered, conceived, or appropriate to use on such a scale! Also in question are adequate access by emergency vehicles, and sanitary trucks. Dave Green's plans indicate a dumpster that can not be accessed by the large trucks needed to pick it up. The alternative would be some 10 - 12 refuse cans (2 per unit) on the alley serviced by the smaller sanitary shuttle. Plans show no visual buffering along the unrelieved two lot wide asphalt parking strip. (For more details on these issues please refer to Lois Van Aken's attached statements to the Historic Commission and Tree Commission, letters from Kevin Boog, and Sherry Bowland to Traffic Safety, and consult Traffic Safety Minutes from Jan. 28, &June 24 1999.) 2) Drainage & Wetlands: Neighbors are concerned with wetlands and drainage issues as they relate to the proposed development. This is an area of traditional springs. On the alleys there have existed for many years an open spring at the alley junction, and another on Bush Lane Alley where it intersects with Van Ness. Aided by seasonal runoff Bush Alley literally flows during winter and spring months and forms a virtual pond yearly for months at a time in front of 147 Van Ness. Water also stands or flows inches deep along the maimalley behind Barbara Ross's and Lois Van ' Aken's property. Though the main alley has been graveled over and built up from the natural slope water seeps through from these two yards as well as flowing on the alley itself towards Helman draining into the lowest laying lots in the area; those owned by Dave Green. Original volunteer riparian willow trees line the alley along this path and continue in the rear and on both sides of Mr. Green's lot as it comes to Van Ness. These strongly suggest an original drainage, and a current ground water course along this route possibly on it's way to meet Ashland Creek. In a direct line with this, the multiplex parking lot on the north side of Van Ness developed a 10 - 12' sink hole which needed to be filled this past winter. It would seem, then, that there is substantial seasonal ground water moving directly under and through the properties in question. In addition to this there is a wetlands with established biological plant species* covering much of the rear 3rd of the property adjoining the alley. This is just where the parking structure and the footprints for two of the proposed buildings are planned. This rear part of the lot is a literal bog six to eight months each year. Though this is one of Ashland's oldest neighborhoods no structures have previously occupied this particular parcel, as is seems to be the least favorable or amenable place to build. *(Please refer to attached biologic plant identification by Barbara Knapp.) Now, modern building technology may make all of this a moot point; we are not experts here. Still, we are concerned with possible ground water contamination. We also note that in order to meet solar clearances the buildings are to be sunk down even further from the natural slope in the direction of the water table, and speculate that our new neighbors may periodically experience that ominous sinking feeling... or perhaps wake up with soggy feet. Another concern is that the drain and sewer lines planned to run along the west border of the property along an existing tree line are to be dug deep in order to avoid root damage. Besides the natural drainage and runoff this line will attract we are not clear how these pipes will then go upward (?) to connect to City drainage at the street. As we have to date not seen detailed drainage nor alley plans we are unclear how such problems will be resolved. Planning assures us that all this will be dealt with at the building permit stage, which all n' all, seems a bit late in the process for (6) adequate neighborhood evaluation. We would like to see those more detailed plans in advance. 31 A Note on the Plans: Throughout this process neighbors have been presented with plans drafted in 1993! that no longer appear to meet the City's own Site Review Criteria. Independent review of plans available before the scheduled July 13th hearing by a professional building designer showed dimensional discrepancies in scale and accuracy throughout. These effected solar clearances, minimum yard set backs, and accurate calculations of total impermeable surface coverage. Since then some minimal corrections have been made, but plans still are to our eyes not up to criteria. There is said to be another set of plans, but we are told, "...those are missing!" (?) Our point isn't to nitpick; we assume some kind of development will proceed. Still, in order to make reasonable assessment or to ask for modifications it would be useful to the neighbors to have accurate, comprehensive, and up to date plans to evaluate. 4) Modifications & Suggestions: It should be understood that the neighborhood has no problem with welcoming additional homes or neighbors on the proposed site. There are students, and artists, and singles and families in this community now. We are concerned that such evolution and development, however, be in keeping with the density and character of the existing neighborhood community and does not in fact hinder or destroy what is now a very special and successful neighborhood environment. We believe that the units as proposed are designed mostly at lowest cost and highest density, for the greatest income production taking little account of the current neighborhood character, historic usage, or Comprehensive Plan intentions. Why would we do this to our neighborhood? As a neighborhood we could and would welcome a development with the following modifications: We would prefer a single family residence facing Van Ness Street in adherence to all existing housing on the south side of Van Ness, and all housing on the entire square block backing to the cross alley system. Parking for it could be accessed by a standard curb cut. Two to three additional units could be built with substantial surrounding space on the rear portions of the lot. Such density would not crowd existing supplementary units and would correspond with the present pattern of development. It would increase rather than close off neighbor to neighbor contact while providing open space and privacy. It would make for easier inclusion into the existing neighborhood culture rather than drastically altering the ambiance that is already here. A smaller four to six vehicle off alley parking structure with appropriate buffering could be accommodated without the imposing size, or visual impairment of the present design on the alleyscape. We believe that the smaller vehicle number would greatly aid in continuing the current human scale of the cross alley' environment and help maintain it as a reasonably safe pedestrian and child safe thoroughfare. Such a development would, we believe, be in alignment with the Comprehensive plan's challenge to make the "living environment equal to or better than the present one." We ask you to deny the current application as it is now proposed. Rob Hirschboeck Lois Van Aken 147 Van Ness 140 Central Avenue Ashland, Oregon 97520 Ashland, Oregon 97520 �11 A Willslatter V 128 Central Ave Ashland•OR 97520-1715 PL4� NNlnl6 O n �� -t As to L MAY 2 6 1999 20 d1 � N HSt4La3 j9 0 Cq �20 V� ot_ � R(Z (� LAN1,1 \'N Q °l 2 cx,Ego O c, c c: rI1`� 7 3 S a � N f) A 2l� S +� , ,� ur A • R.STq�L15HH � �.T OF S� L�iSTAW7flt�G7 _�T � �� � 5kov (, - l)PJ 1, fz�✓ � C.USYc� l''11��� oc�r" Y L , �ITZtJ t � NCCI'LSS IS Iyvc VD �,� r JING4z 42VLY 1 � 8 C (GoJ i Kevin Boog 6/24/99 140 1/2 Central Ashland, OR 97520 488-4811 Traffic Safety Commission: I have safety concerns for the planned 6 unit apartment complex proposed by Dave Green for construction between Van Ness and the main alley running between Van Ness and Central. My parking, and the entrance to my residence, is directly across the alley of the proposed parking lot for the development. This concerns me because I have a 4 yr. old daughter, and we walk in the alley and visit the other children whose houses are also on the alley. There are at least 5 other children whose houses are on the alley, who I have seen walking or playing in the alley. With the extra traffic the development would bring, I would be very concerned for the safety of the children. Paving the alley would not only encourage speeding, it would be much hotter to walk on. (And why is the City so fired up about paving every street and alley?) If the alley is only paved from Hellman to Bush St., it would not stop the cars from coming from any of the other 3 alley entrances. I know, because depending on which direction I'm driving to, or coming from, I use any of the four entrances at Central, Laurel, Van Ness, or Hellman. All of these entrances require the driver to use very slow speeds, while constantly looking out for cars, people and animals that can enter from any of the alley residences. Entering any of the streets from the alley is also dangerous. It can be very difficult to see cars and pedestrians from either direction because of parked vehicles or foliage. Allowing the development at the current occupancy rate, would only increase the likelihood of an accident, because it would about double the number of daily car trips. On only one occasion, (and I'm sure it's because of the low traffic flow now), have I had to back up my car to let someone else in who was entering the alley. Why? Because there's not enough room for two car widths. With the additional traffic it would be a constant and unsafe hassle. Who is the one who backs up? The person entering from the street would have a difficult time seeing cars to back up into the street. The person in the alley would have to back up while trying to either get back into their parking space or back up through the four way alley intersection, hoping that no cars or children were around, and hoping that the person wasn't going all the way through the alley. This alley is used by many in the community to walk, run, or bike through, because it is quiet and not paved. We have a nice community here, and that would be greatly altered by the addition of all of the vehicular traffic. I urge you to consider the safety concerns I have mentioned above, and then persuade the planning commission to not allow the development with the current plans. I thank you, C � ancl r0 A 4-YyLe � rA- d-ac e� alo d z arp S a�a L j• to �-�� � /"�j�2=r�^-8v-�' � , c'�" �/u�.-n,vns�� �-G4-t,v►-rte iI 1 a,4 �- Act--r4c, Tv� - 7 �� 3 Eva Cooley 143 Van Ness Ave. Ashland OR 97520 JUN 1 g 1900 Barbara Knapp 348 Iowa St. Ashland OR 97520 June 15, 1999 Dcar Eva. As you requested, I have collected and tentatively identified(lie sedge and rush species(fiat are growing in the lot behind your property on Van Ness avenue in Ashland. I believe the sedge to be Carex densa, described in the current edition of the Jepson manual as growing in at least seasonally wet ground, and the rush to be Juncus patens, also described in the Jepson manual as growing in marshy ground. The area covered by these species is about 1000 square feet. I estimated the Carex at 15%cover and the Juncus at 30%cover in this area. As I explained to you,you should get these identifications confirmed by an expert in these genera, which I am not. I have the collections of these and some of the grasses on the lot, if you need them. 1 have not been able to identify the willow to my satisfaction yet. I have a B.A. in biology and a M.A. in Ecology and Systematics, with an emphasis in rare plant biology, and I have been working as a contractor doing botanical surveys in southern Oregon for four years. Sincerely Barbara Knapp ATTN: JODY (CLASSIFIED) PUBLISH IN LEGAL ADVERTISING PUBLIC HEARING NOTICE 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 Historic Commission on August 4, 1999 at 7:30 p.m. at the Ashland Community Center, 59 Winbum Way, Ashland, OR. At such Public Hearing any person is entitled to be heard. Request for a Conditional Use Permit to transfer ownership of a three-unit traveler's accommodation and manager's unit located at 486 Siskiyou Boulevard. Request for Site Review for the construction of six apartment units (three duplexes), located on VanNess Street between Helman and Laurel Streets By order of the Planning Director John McLaughlin Publish: 7/26/99 7/22/99 Purchase Order: 36155 ATTN: JODY (CLASSIFIED) PUBLISH IN LEGAL ADVERTISING PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a meeting of the Tree Commission will be held on August 5, 1999 at 5:00 p.m. at the Ashland Civic Center, 1175 E. Main Street, Ashland, OR. At such Public Hearing any person is entitled to be heard. Request for Site Review for the construction of six apartment units (three duplexes), located on VanNess Street between Helman and Laurel Streets. Request for Outline Plan approval for a 38-lot subdivision under the Performance Standards Option at 610 and 614 Clay Street. There_is also a request for a Physical and Environmental Constraints permit to allow for a pedestrian bridge at the northerly path that will cross Clay Creek. By order of the Planning Director John McLaughlin Publish: 7/26/99 7/22/99 Purchase Order: 36155 /,27 ATTN: JODY (CLASSIFIED) PUBLISH IN LEGAL ADVERTISING PUBLIC HEARING NOTICE 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 Planning Commission on August 10, 1999 at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such Public Hearing, any person is entitled to be heard. Request for Site Review for the construction of six apartment units (three duplexes), located on VanNess Street between Helman and Laurel Streets. Request for Outline Plan approval for a 38-lot subdivision under the Performance Standards Option at 610 and 614 Clay Street. There is also a request for a Physical and Environmental Constraints permit to allow for a pedestrian bridge at the northerly path that will cross Clay Creek. By order of the Planning Director John McLaughlin Publish: 7/30/99 7/22/99 Purchase Order: 36155 be required for a smaller lot and it would be difficult to meet the criteria. A flag lot would probably have to be requested and the area of a Flag does not count in the square footage of the lot. Accessory units would be possible with a Conditional Use Permit. The CUP criteria is much more discretionary, allowing a neighboring property owner to look at things such as height and appropriateness of scale. Knox said the tree looks like the tree is still healthy so they are not yet in a position to say it can be removed. Armitage wondered about adding a condition saying the applicant has "x" period of time to remove the tree upon seeing the last green limb. Rebuttal Roupp said the neighbors should understand the parcel could have been divided into three lots. He is disappointed the neighbors have not been more supportive. He suggested having the new owners or himself decide which trees should be saved or removed. Armitage said when a pine tree is dead, it is a hazard. He is trying to mitigate the concerns of the neighbors. COMMISSIONERS' DISCUSSION AND MOTION Briggs said the application is not in conflict with the criteria and believes it should be approved. Chapman agreed. Chapman moved to approve with Conditions I through 6. There will be no additional Condition 7. Briggs seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 99-062 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF SIX APARTMENT UNITS (THREE DUPLEXES) VAN NESS STREET BETWEEN HELMAN AND LAUREL STREETS APPLICANT: DAVE GREENE This action was Called up for a public hearing. PLANNING ACTION 99-063 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW APPROVAL FOR A 2-UNIT HOTEUMOTEL. 56 THIRD STREET APPLICANT: BARBARA ALLEN This action was approved. The Historic Commission requested an added Condition: The deck railings and bike area will meet City requirements for such additions and will come before the Review Board when plans are submitted. PLANNING ACTION 99-064 REQUEST FOR A SITE REVIEW APPROVAL FOR THREE RESIDENTIAL UNITS AT 416 BRIDGE STREET. THE UNITS WILL BE STUIODS LESS THAN 500 SQUARE FEET IN SIZE LOCATED IN TWO COTTAGES TO THE EAST OF THE EXISTING HOUSE. APPLICANT: SANTO COMINOS This action was approved. ADJOURNMENT—The meeting was adjourned at 2:30 p.m. 3 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1999 / �9 LIC. #17727 Dave Greene Construction 367 OXFORD STREET ASHLAND, OREGON 97520 PHONE: 482.8244 x`97 /3 ® AFFIDAVIT OF MAILING STATE OF OREGON 1 County of Jackson 1 The undersigned being first duly sworn states that: 1 . 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 21 1999, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action # 99-062 SIGNED AND SWORN TO before me this 22nd day of July 1999. OFFICIAL SEAL Notary Public for State of Oregon BARBARA M. CHRISTENSEN NOTARY PUBLIC OREGON My Commission Expires: - COMMISSION NO. 303127 r� MY CCIdMISSION EXPIRES AUG. 24, 2001ii 99-062 391E04CC 1100 99-062 391E04CC 1200 99-062 DELSMAN JOSEPH W/ELAINE DOOMS' ROBERT L 555 FAIRVIEW 4624 S . PACIFIC HWY #43 ASHLAND, OR 97520 PHOENIX, OR 97535 391E04CC 1300 99-062 391E04CC 1400 99-062 391E04CC 1401 99-062 GARFAS JOE/PAT DARST RICHARD J THOMPSON SYLVIA TRUSTEE 1188 TYLER CR RD 2113 KIMBERLY DR 237 ELM ST #202 ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 SAN MATEO, CA 94401 391E04CC 1500 99-062 391E04CC 3200 99-062 391E04CC 3400 99-062 HAWKINS ROBERT R JR TRUSTEE CAMPBELL DAVID ALLAN MEADS ARNOLD S TRUSTEE 1639 39TH AVE 171 VAN NESS 121 S LAUREL ST SAN FRANCISCO, CA 94122 ASHLAND, OR 97520 ASHLAND, OR 97520 391E04CC 3100 99-062 391E04CC 1600 99-062 391E04CC 3000 99-062 BOWLAND SIDNEY J/SHERI L YOUNG BRIAN D/MARGO S GALLOWAY PAUL E/KIMBERLY D P 0 BOX 1103 1351 NORTH VALLEY 157 VAN NESS TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 391E04CC 2900 99-062 391E04CC 2800 99-062 391E04CC 2700 99-062 HIRSCHBOECK ROBERT WM COOLEY EVA R TRUSTEE FBO GREENE DAVID E TRUSTEE 71 SCENIC DR P 0 BOX 53 167 OXFORD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 391E04CC 2600 99-062 391E04CC 2200 99-062 391E04CC 2801 99-062 ZANOTTO ADOLFO R/NOREEN HADDAD JOANNE M GREENE DAV E TRUSTEE 119 VAN NESS 6795 RAPP LANE 167 OXF D ASHLAND, OR 97520 TALENT, OR 97540 ASHL D, OR 97520 391E04CC 3900 99-062 391E04CC 2300 99-062 391E04CC 4000 99-062 MODRICH MARY BAPTIST CAROLE L DEMELE RON 170 CENTRAL AVE 301 ESSEX DR W P 0 BOX 1818 ASHLAND, OR 97520 ALAMEDA, CA 94501 WEAVERVILLE, CA 96093 391E04CC 4200 99-062 391E04CC 2400 99-062 391E04CC 4300 99-062 SILBOWITZ ALFRED I/VIRGINIA DAVIES RONALD LARRY ROSS SANDRA LYNN TRSTEE FBO 1601 E NEVADA ST 6795 RAPP LN 148 CENTRAL AVE ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 391E04CC 4100 99-062 391E04CC 4400 99-062 391E04CC 2500 99-062 VAN DE VELDE BEN VAN AKEN LOIS ERLA DAVIES RONALD L 164 CENTRAL 140 CENTRAL AVE 6795 RAPP LN ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 �J� 391E04CC 4500 99-062 391E04CC 4700 99-062 391E04CC 4800 99-062 WILLSTATTER ALFRED TRUSTEE DELSMAN C H/MARGARET ANN PLATKO C JUANITA P 0 BOX 274 360 OXFORD 200 SOUTH DOLLIVER STREET ASHLAND, OR 97520 ASHLAND, OR 97520 PISMO BEACH, CA 93449 391E04CC 4600 99-062 391E04CC 4900 99-062 MYER LOU ANN SOMMERS ALAN/PHYLLIS NORRIS 1}0 a0t-00 � 116 CENTRAL AVE 117 HELMAN ST g� ASHLAND, OR 97520 ASHLAND, OR 97520 391F04CC 1401 99-062 THOMPSON SYLVIA TRUSTEE 237 ELM ST #202 SAN MATEO, CA 94401 RETURN? 002 1599 TO SENDER THOMPSON PO BOX 201 ASHLAND OR 97520-0007 3,3 IT f I C N t {. F -a c ]� j o (x C r z co� ti. Y OF A SHLAND PLANNINC .PPLICATION � Type� ,:` Date Received j'(o' `I`,1 File No. 6 ' 0 (,,l Z Filing Fee dS;LSoO Zoning Comp Plan Designation Receipt # 5-(v 3`jJ APPLICATION IS FOR: ❑ Minor Land Partition ❑ Outline Plan (# Units ) ❑ Zone Change ❑ Variance ❑ Final Plan ❑ Comli Plan Change ❑ Conditional Use Permit X Site Review ❑ Staff Permit ❑ Boundary Line Adjustment ❑ Annexation ❑ Solar Waiver Application pertains to of the Ashland Municipal Code. chapter, section, subpart APPLICANT Name Dave Greene Phone 541/482-8244 Address 367 Oxford, Ashland, OR 97520 PROPERTY OWNER Name David E. Greene & Charlotte A. Greene Phone 541/482-8244 Address 367 Oxford, Ashland, OR 97520 SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT (may need to use back page) Name Phone Address DESCRIPTION OF PROPERTY Street Address Van ese Assessor's Map No. 39 1 E 04 CC Tax Lot(s) 2700 & 2801 When was the above described property acquired by owner? Approx. 1990 On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of property or improvements contemplated, as well as yard set-back and area or height requirements that were placed on the property by subdivision tract developers. Give date said restrictions ex ire. FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and enclose it with this form. Keep in mind your responses must be in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence w�ich supports it. ___ I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects true and correct. l understand that all property pins must be shown on the drawings and visible upon site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. / further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in any structures being built in reliance thereon being required to be removed at my expense. if 1 have any doubts, I am advised to seek competent professional advice and assistance. //L 5�� Z9 Applicant 's Sig ature Date As owner of the property involved in this request, 1 have read and understood the complete application and its consequences to me as a property owner. Prop rty Own r'S Signa re Date NOTICE: Section 15.04.240 of the Ashland Municipal Code prohibits the occupancy of a building or a release of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of all Zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities. 6661 9 - ww Y iD 000 i z 000 —VAN NESS Srurr- ,z L F IF L z _ _ y }� Q I 4 we GrefrlE ��.c,�.mJ I REex�E¢¢'�L a In e c e i s z� c n r I r I < I JR ' I I . I I 1 Zo 1 � I I i I I , e 1 r m m N m 1. N In _., II D I I I N Z II O I II 0 1 I I I I I 1 I I i I I a I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I p• a _____�_._____�_.— ___I______yyl , � a --— ——————————————-- ----—----- -----————— Q N � )e m i i m° HELM N ST. o �✓ ^ m /ig � ti L$g� 0 0 e i w a r /3 � 6661 9 - kvw I I z ' ° O S° ly SJ� t I t a: - m rn v o o v 2 4: I e T ti I — F e U _- - 4 0 cam' na c•°. < <ws....... 3°8 666t 9 - hVW I -- „ o Ill li I c I ' d � � III ! I ; � " _. I� .:� I :�'• .� �• I i I � �F � y • ,I I, _- - I t Sa 2r 44 6661 9 _ AVW I . rn � S Zo S/ I �i a C � 2 � III i M❑ C3 ti Avw -.- H vs 9 AVW G� D T t U U l � pY J- i Iii . �� � �, = }• - n 3; a 1 z fi 1� S} 1 e •� 3til • , j li �i '•1 r � =p t ee �� , c„K G�«.!e cult....,.:A •'”' Vg' GBBl9 - qW Vi , ^ � • ® � ! % ; O ! { � d ! \ g § � E \ !. < ! - ) < �\ ] � / y� i P Proposal for an ° Ashland Bicycle Center In 1983, on the island of Maui, Cruiser Bob became the first commercial outfitter in the world to make a business out of gravity assisted (downhill) bicycle touring. The company bearing his nickname took visitors by van to the summit of Haleakala, the world's largest dormant volcano, and guided them down the circuitous 38 mile, 10,000 foot descent on bicycles. Cruiser Bob's Haleakala Downhill became an instant world class attraction. Word of mouth and consistent media coverage helped build the business into an industry that in 1998 garnered over $10,000,000 per year for Maui tourism and employs hundreds of Mauians as guides, mechanics and support personnel. Many visitors today come to Maui specifically because of the downhill bicycle adventure. On the heels of the Maui downhill success, hundreds of other locations popped up around the world. Locations, such as Nepal, Crete, New Zealand, Costa Rica, a small volume road course in Ashland*, and ski resorts across America now offer downhill bicycle adventure. As the industry developed, so has the need for more complex bicycle courses. Today, Adventure Bicycling venues include downhill, cross-country, single track and road tours. The popularity of a bicycle tour center directly depends on the quality of the geography, climate, roads & course design, culture and effective market penetration. The long range success of a bicycle tour center depends on community participation and risk management. One of the finest examples of a community embracing bicycle touring is Moab, Utah, which now attracts riders from all over the world. In 1996 Bob Kiger, aka Cruiser Bob, returned from Maui to his native California. He was convinced that the next frontier for adventure bicycling would be a center on the Pacific Coast. For three years he scouted the Pacific Coast Bike Route looking for the perfect venue. Passing through Southern Oregon he was invited by friends from United Bicycle Parts to visit Ashland. Almost immediately he sensed that Ashland had the right ingredients for a world class bicycle center: *Ashland's existing tourism base does not come for Adventure Bicycling! Cell Phone: (310) 721-4375 Email: bob @cruisertiob.com WHAT MAKES ASHLAND A WORLD CLASS BICYCLE CENTER? 1. Mount Ashland's Downhill courses (paved & dirt roads) 2. Confluence of Cascade, Siskyou & Coastal mountain ranges 3. Some of the richest botanical areas in America 4. Ridge rides along existing US Forest Service scenic trails 5. Idyllic routes on an array of Jackson County back roads 6. USFS approved dirt trails for off-road enthusiasts 7. Extensive federal and state parks and camping facilities 8. Possible connection to the Pacific Coast Bike Route 9. Unique architectural & cultural charm of Ashland 10. Expanding bicycle infrastructure along Bear Creek & the Rogue Valley 11. Bicycle courses to satisfy novice to expert bicyclists 12. Southern Oregon University as a pool of bicycle guides 13. Existing vibrant bicycle culture in Ashland 14. Pristine and "undiscovered" environment for bicycling 15. Interesting connection of Emigrant Lake to bicycle facilities 16. Accommodations & night life befitting a world class resort 17. Optional activities from Shakespeare to white water rafting Summary The ingredients for a world class bicycle center exist in Ashland and the surrounding area. Actualization of such a center takes unified community involvement, knowledge of the world bicycle touring market, risk management, fine tuning of the components, and marketing. Cruiser Bob desires to lend his experience and vision to this task, if the City of Ashland will support such a project. Design and development would be done under the structure of a non-profit foundation that would receive and administer any funds for the development of the Ashland Bicycle Center. (hereafter referred to as ABC) It is not Cruiser Bob's intention to own enterprises within ABC but rather to act as marketing and technical consultant. Existing businesses and new startups would specialize in particular aspects of ABC, complimenting and coordinating with one another. Such systems could be set up as unique concessions, as is common in the National Park System. Increasing job opportunities for the local economy without overdeveloping while protecting the environment is as easy as ABC. Cell Phow; (310) 721-4375 Email: bob@cruiserbob,com PO Box 999 Oceanside, CA 92049 Cell Phone: (310) 721-4375 email: bob@cruiserbob.com Bob Kiger aka Cruiser Bob Objective Applying my skills as a communicator, designer, videographer, marketer and adventure bicyclist to projects that improve the human condition. Currently scouring the Pacific Coast for the ideal mountain bike vacation venue. Work Experience OCT 1999—present Scouting Rogue River Valley—Southern Oregon. Scouting the physical layout,political climate,culture and other faders to determine whether the marketing of a bicycle tour industry is feasible in South Oregon. DEC 1997—OCT 1999 Cruiser Bob's Oceanside BikePackers Oceanside, CA Designer of bicycle tour routes that coordinate with public transportation. Culminated in design of Tour d'Oceanside and a report to California Bicycle Coalition on California"hike&bike"camping. DEC 1996— DEC 1997 Videography Productions Inc. Los Angeles, CA System Designer ■ Specified, sourced and integrated third party hardware and software into the Videography Workstation, a portable communications platform for travelling communicators. FEB 1996-Current Marketing Consultant Southern California Independent Contractor • provide marketing&sales for bicycle touring&commuting accessories • representing: Ortlieb Adventure Gear, Old Man Mountain Racks, BOB Trailers, Nice Lites, Laser Lights,Mimbres Man Cycle attire, LockPump2 and other fine products • designing unique marketing strategies on the WWW and at point of purchase 1982—FEB 1996 Cruiser Bob's Downhill Maui, Hawaii President&Marketing Director • Created and actualized the world's original downhill bicycle tour, • Marketed the company globally using print, W W W and broadcast media. • Designed and produced print logos, ads and all collateral materials. • Built annual sales to$2.5 million per year. 1972-1982 The Videography Studios Los Angeles, CA President/Producer/Direr ■ Coined the word videogra�hy.(Oct. 1972-American Cinematographer Magazine) ■ Built the"original"Videography Studios, film technique/electronic technology. ■ Produced over 2500 regional and national TV spots and shows. ■ Specialist in Ultimatte blue screen effects.Winner of 11. Monitor awards. 1970 71972 Freelance TV and Film Production LA, CA Associate Director/Editor/Writer: .... ■ Encyclopedia Brittanica Films, The Haboush Company, KCOP-TV, Sutherland Learning Associates, Universal (Studios)Commercial Industrial Films, &Wakeford-Orloff. 1967-1970 Rochester Institute.of Technology New York Education ■ B.S., Professional Photography with minor in Business Administration. ■ Graduated Cum Laude. ■ Editor&General Manager of RIT Reporter(college magazine). Lecturing&Advocacy Designer and lobbyist for Maui's first Greenway, resulting in $3.5 million in federal funding through the Intermodal Surface Transportation Efficiency Act of 1992. Multimedia Presenter on bicycle commuting as a strategy for corporate compliance with Southern California Air Quality Management District Guidelines. Report to California Legislature on"hike&bike"problems in California Beach Parks 1972—present Videography Seminars for: SONY Institute, UCLA, USC, Brooks Inst. of Photography, Maui Community College, Televisa (Mexican TV Net) and Hollywood IATSE craft union personnel. SEP 1994 — present Bicycling& eco-tourism at 2'" World Congress on Tourism & Peace. Montreal.Quebec,Canada. Currently presenting to Rotary Clubs in San Diego county Memberships ■ Directors Guild of America(Associate Director&Director) • National Assoc.of Broadcasters • Hawaii Visitors Bureau • League of American Wheelmen(Bicyclists). Interests Computer graphics, logo and web page design, photography, camping, cooking, puppeteering,freelance writing and adventure bicycling. Traveled twice around the world by bicycle/air since 1990, visiting 32 countries and pedaling over 20,000 miles. Significant Credits ■ 1974-1975 Designed Quad split editing system first used on ABC's "Barney Miller" and edited the first season of the series. ■ 1978-1980 Produced the award winning "Duke of Cheddar" commercial series featuring Jonathon Winters for Freeto-Lay. ■ 1979 Produced and directed 30 minute documentary on Kemp-Roth tax bill for Republican National Committee. The bill was enacted into law. ■ 1979-1982 Produced, videographed and directed the award winning"Food" series for Safeway Supermarkets. ■ 1981 Produced 'The Great American Beer Test" series for Schlitz beer telecast live from New Orleans in the 1981 Super Bowl. ■ 1979-1982 Produced and directed entire Sanyo 'That's Life" commercial series featuring Susan Anton. ■ 1980 Produced and directed 60 second spots featuring Ronald Reagan &Gerald Ford for Republican National Committee. ■ 1980-1982 Produced Motown music videos featuring Rick James and Marvin Gaye, that broke first black artists onto MTV. ■ 1984 Produced and directed "Cycle to the Sun", bike race & 30 minute video about the"climb against time up the steepest highway on Earth"for KGMB-TV, Hawaii. ■ 1986-1995 Coordinated production with (and appeared in)television feature coverage on Cruiser Bob's Haleakala Downhill, Maui, HI, including: Turner Broadcasting's "Portrait of America", ABC's "Good Morning America", MTV's "The Real World", several episodes of "Entertainment Tonight", "The Regis & Kathy tee Show", "PM Magazine"and scores of European and Australasian shows. SAMPLE REELS&MEDIA PORTFOLIO AVAILABLE FOR PRESENTATION ` - ( � ■ ■ k ) \ ) ! ) ! ) o IM \ 2 � 2 ® 2 » ) u . . . c o - U � � � 2 CSF � \ Ij - c _ - i - � / § \ - 2 ! » Q 2 ! ! ! -a ca d z Q 0 0 Jl7 v, U w� CW � C 'v E C 7 O O U 0 � o a� o g o Q v ,^y on w ° y E a .ovNx - = o .. d = cw c a .N 7 O N A N N 0 r'-. v. ; m 7 C. C X `O 0. � .". P. ro '� 'O 0 .rj CO O ti arb z as gU o ° Y v a ° o o b w 5n � z T c a o c o w w onx v w` o U ° o N to ° to a a w p c � ] > o .Nb o ° � o. u;aAaa G M U m x o C14 . v Q a i Y U T U Q ro A U ° y O 'o C 3 T ° °4 . a 4 .° ° v ono 3 r : En 3 3 ao —to 0 E r.+ Y r+ E CZ V) C7 Q W E n n cn C4 M wQ • • • ♦ ♦ ♦ ♦ ♦ U ♦ ♦ ♦ • ♦ ♦ • P: ♦ ♦ ♦ • ♦ • 1 ` r City Council Communication Administration Cascade Airport Shuttle Taxicab Application November 2, ,1999 Submitted by: Mike Freeman Title: Application for taxicab certification. Synopsis: On April 22, 1999, the City received an application for a taxicab certification from Cascade Airport Shuttle. Since the application, the City Council has changed the formula for the number of taxicab companies who may do business within the City limits. Following the initial application,the staff wrote a letter to Cascade Airport Shuttle letting them know that their application is not complete. Staff received a letter back from Cascade disagreeing with the staff's position that the application is not complete. Recommendation: The City Council shall consider the following factors in determining whether or not to grant a person a vehicle certificate to do business as a taxicab company: (6.28.160) A. The demonstrated need,as shown by the applicant for such permit, for additional taxicab service in the City that is not, or cannot be, accomplished by existing companies. B. The financial impact any additional certificate will have on the existing operator's ability to provide service as required by the provisions of this Ordinance. C. The probable effect of additional taxicab service on the earnings of employees, agents,or lessees of existing operators. D. No additional vehicle certificates shall be issued in any such cases, if such is to be unreasonably detrimental. The staff recommends that the City Council return the application to Cascade Shuttle for additional information. Background Information: The following is a chronology of events. 1. April 22, 1999—Cascade Airport Shuttle submits application for taxicab certification. 2. September 16, 1999—City Council approves changes in ordinance that removes a section of the code that allows new taxicab companies based on increasing population (as well as other factors). 3. September 17, 1999—Letter from City Administrator to Cascade Airport Shuttle alerting them to the view of the staff that their application is in-complete. 4. September 29, 1999 — Letter from Cascade Airport Shuttle to City Administrator clarifying their z perceived need for added taxi service and their projection of financial impact to the incumbent taxi firm. 5. October 6, 1999—Letter from Yellow Cab of Southern Oregon regarding financial impact of new certificate issued to Cascade Airport Shuttle. ALLEN G. DRESCHER, P.C. ATTORNEY AT LAW 21 SOUTH 2n°• P.O. BOX 760 ASHLAND,OREGON 97520 TELEPHONE(541)4824935 FAX(541)4824941 E-MAIL drescheralA.aol.com October 6, 1999 Ms. Barbara Christiansen C�OC,, City Recorder l� City of Ashland J 20 E. Main St. ��� Ashland, OR 97520 Re: Craig Transportation, Inc. dba Yellow Cab of Southern Oregon Dear Barbara: Enclosed please find a letter dated October 6, 1999 from my client, Yellow,Cab of Southern Oregon, that explains how Yellow Cab operates in Ashland. Based on the information contained in this letter, Yellow Cab of Southern Oregon a:•bjects to the issuance of a certificate to operate a taxi service in Ashland to any other person or(ntity. As stated in Mr. Hollinsworth's letter, three cabs can normally meet the needs for taxi ;e:rvice in Ashland. If additional service is ever needed, Yellow Cab will shuttle an extra cab or two from Medford to provide full service in Ashland when the need arises, and then the Med brd cabs return to Medford. The issuance of a certificate to another person or entity to operate a taxi service in Ashland would severely impair the ability of Yellow Cab to maintain a profitable taxi service in Ashland, and it would be"catastrophic"to Yellow Cab's Ashland drivers, who would suffer a 25-50% reduction in their income, as stated in Mr. Hollinsworth's letter. A simple summary of the situation is that the need for taxi service in Ashland is normally met by three cabs provided by Yellow Cab under the three certificates that it holds, and if there is ever a need for an additional cab or two due to an unusual event or circumstance, Yellow "al) provides the additional cab or cabs from Medford on a temporary basis only, and then they n:•turn to Medford. Please let me know if you would like any additional information. Thank you fo1 y(ur courtesy. Sii el Allen G. Drescher cc. Craig Hollinsworth, Yellow Cab YELLOW CAB 686 Rossanley Drive Medford, OR 97501 (503) 772-6288 t v o � CP 0cT 0 0 1 , 999 October 06, 1999 Allen G. Drescher PC Attorney At Law 21 S 2nd Street Ashland, OR 97520 Dear Allen, Yellow Cab operates three cabs in Ashland Monday through Friday daytime, and two cabs Saturday and Sunday. We operate one or two cabs during the night-time hours all week. Myself, the company manager, and one other driver keep their cars at home in case we are needed at odd hours of the night or weekends to help cover Ashland in the event the cars on duty leave town with a fare. During the week if three cars cannot maintain the business in Ashland we shuttle an extra car or two from Medford to handle these peak times. Most times the Medford cars only handle two or three calls then they are free to returned to Medford. This process allows for the peak times of the day and night to be handled without loss of income to the regular Ashland drivers. The extra drivers are only handling the overload business that the Ashland drivers are unable to handle. There are many days and nights that extra drivers are never needed. If another cab-company is issued two cab permits this system will be destroyed. There will be two more cabs on the street full time. Slow times as well as busy. Two more cabs on the streets would result in a 40-100% increase of the normal fleet. Which would result in a 25-50% reduction in our drivers income. That kind of reduction would be catastrophic to these drivers and would impair the income of Yellow Cab by not being able to maintain productive cabs in Ashland. The system we have created over the years works very well in Ashland and has for several years. Adding another company would only result in to many cabs chasing to few customers, and would only result in both companies unable to keep good drivers and run at a profit. It also results in drivers of one company trying to beat another company to the calls. I hope this is the information you need,Allen. If not please call me 890-6029 to answer any further questions you may have. Si cerely, si CrZSo� Pre dent STEPkEN J. HU[TINCI, OWNER/OPERATOR CASCAdE AIRPORT SkUTTLE, INC.* 249 Wimer Street Hgts. #46 Ashland OR 97520 541-488-1998 September 29, 1999 {4 , Mr. Michael Freeman, City Administrator "- L, City Hall 20 East Main Street \ Ashland OR 97520 Dear Mr. Freeman: SUBJECT: Your letter to me dated September 17, 1999 regarding the completion of my application for a taxicab certification. Applications for Certification 6.28.160 Answers: A. The demonstrated need for additional public transportation (livery service) has developed by several ways: 1) Demographically, the population growth in Ashland has increased dramatically over the past fifteen years. I'm confident the City Administration has those statistics and is well aware ... more people have more needs. 2) Of that population growth figure, a large percentage are retired, some needing assisted living arrangements, others not having vehicles of their own. Additional needs. 3) Student enrollment at Southern Oregon University is up as well. 4) Projections for continued growth throughout the City of Ashland, and the entire Rogue River Valley, are tremendously high. 5) There's a tremendous need for improved quality of service, and diversification of same. 6) With no weekend RVTD service, there's increased need for transportation! B. The financial impact any additional certificate would have on the existing operator's ability to provide service as required by the provisions of this Ordinance would be insignificant. The existing operator subleases upwards of 36 to 40 vehicles throughout the entire Southern Oregon Rogue Valley. In other words, the existing operator would not have to reduce the number of"renters' he has roaming the Valley .. the same income property. •ODOT Lic. #777023-Ash.City Reg. #900018,and Medford City Reg. #99-19139 Mr. Michael Freeman, City Administrator September 29, 1999 RE: Taxicab Certification page 2 C. The probable effect of additional taxicab service on the earnings of employees would be minimal, as they would maintain their current positions,which include the ability to continue providing service as they presently do, within the cities of Ashland, Medford, Talent, Phoenix, Grants Pass, White City, Jacksonville, Central Point, etc. 1.) My service would concentrate two vehicles exclusively in Ashland, providing new service (new business,not being done now), and compete with the existing operator for fair share of the ever-growing marketplace here in the City of Ashland. I would compete on the basis of quality of service, i.e., prompt, courteous, reliable, lower fares, non-smoking vehicles that are new and air conditioned and with young,clean-cut students from SOU, perhaps responsible for working their way through college. I've spoken to Mr. Stephen Reno, President, and his secretary of SOU, and we are working together, and with the Ashland Police Department and the driver application screening process to assure quality drivers—polite, well mannered, and responsible. D. There is nothing within this application that will ever prove to be unreasonably detrimental to the existing operator, or the to the drivers. If anything, it will assist them in"cleaning up" their act, resulting in better service for our City and citizens. In conclusion, I want to clearly state that my intentions are not to obtain this certificate by degrading the existing operator. However, the complaint file is full of dissatisfied citizens and businesses! The attached public surveys,which were originally submitted with my letter to you dated April 22, 1999, do in fact, include the comments of business owners, assisted living administrators, dram-shops, and the lodging association members, all of whom agree that the existing operator "spreads themselves to thin" in trying to be all things to the entire Valley and that more service is needed to meet these demands. There are notes from the handicapped Mr. John Berton as well. I really appreciate your time given to this matter, and I remain hopeful that the City Council will consider this application in my favor. Please advise. *Sinrelyl. Hu ting Copy: Barbara Christensen, Ashland City Recorder CITY OF ASHLAND F sh a Administration (541)488 6002 - ^m 20 East Main,Ashland, OR 97520 (541) 488-5311 -Fax °REG°�: September 17, 1999 Stephen J.Hulting Cascade Airport Shuttle 249 Wimer St. Hgts. #46 Ashland, OR 97520 Dear Mr. Hulting: I am in receipt of your April 22, 1999 application for a taxicab certification. I have reviewed your application and find that several pieces of information are either missing or not complete. Section 6.28.160 of the ordinance regulating taxicab service in Ashland has not yet been met (see attached copy of the ordinance). Specifically, I do not find compelling information in your application to demonstrate the need for an additional permit in Ashland. The surreys you provided do not talk specifically about the incumbent taxicab provider not meeting the communities need. You must demonstrate clearly that "The demonstrated need, as shown by the applicant for such permit, for additional taxicab service in the City that is not, or cannot be, accomplished by the existing company. Secondly, Cascade has not provided any financial information on the impact to the existing operator should the City provide Cascade Shuttle with a certificate to operate a taxi company. Third, Cascade has not provided information on the probable effect of additional taxicab service on the earnings of employees, agents, or lessees of existing operators. I am not able to further process your application until the above information is supplied to the City. Please let me know if you have any questions. Sincerely, Mike Freeman City Administrator Cc; Barbara Christensen, City Recorder 6 28 130 Hours of Service. Certificate holders shall maintain and have available taxicab service for citizens of the City of Ashland during each hour of every day of the year. 6 28.140 Rates. A. The rates to be charged to passengers shall be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. Each taxicab operated shall be equipped with a taximeter which shall compute the rate. B. The rates charged passengers shall be filed with the City Recorder, and it shall be unlawful for any person to charge a sum other than has been filed. C. The rate schedule shall be posted in each taxicab in a place where it may be readily viewed by the passengers. D. The rate schedule shall include a discount in the same amount as provided by the Ashland Senior Program, and shall be applicable to persons qualifying for such program and to all persons over the age of eighty (80). 6 28 150 Complaints. The certificate holders shall maintain a record of all complaints received either in writing or by telephone and shall keep posted in a conspicuous place in the passenger compartment of each taxicab a statement setting forth the address and telephone number of the owners to which complaints should be directed and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. 6 28 160 Applications for Certification. The City Council shall consider the following factors in determining whether or not to grant a person a vehicle certificate to do business as a taxicab company: A. The demonstrated need, as shown by the applicant for such permit, for additional taxicab service In the City that is not, or cannot be, accomplished by existing companies. B. The financial impact any additional certificate will have on the existing operator's ability to provide service as required by the provisions of this Ordinance. C. The probable effect of additional taxicab service on the earnings of employees, agents, or lessees of existing operators. D. No additional vehicle certificates shall be issued in any such cases, If such is to be unreasonably detrimental.za 23Revised February 1996 Tale 6 Page 35 6 28 170 Applications--Information--Requirements. An application for a certificate of public convenience and necessity shall be filed with the City Administrator, shall be verified under penalty of perjury, shall be accompanied by a receipt from the Director of Finance showing the payment of a non-refundable fee which shall be set by resolution of the City Council and shall contain or be accompanied by information and documentation specified as follows: A. The name, business address and residence address of the owner or person applying. B. The make; type, year of nufacture and seating capacity of the vehicle for which application for an c cate is made. C. A description of the proposed co r scheme, insignia, trade style or any other distinguished characteristics o the proposed vehicle design. D. A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed. E. The application shall include a policy of insurance in the manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of Oregon.. F. Such other information as the City Council may deem necessary in all applications for the proper protection of the public. G. A financial statement prepared by a certified public accountant and a statement as to whether there are any unpaid judgments outstanding against the applicant, person or corporation, and if so, the nature of the acts or transactions giving rise to each judgment, the court in which it was rendered, and the amounts of any unpaid or unbounded judgment, and a statement of any bankruptcies, either personal or business, including the number, court and date of discharge. H. Before any vehicle application is acted upon by the City Council, the City Administrator shall have the Police Chief make an investigation within sixty (60) days from the date the applications filed. Upon completion of such investigation the Police Chief shall report the finding, in writing, to the City Administrator. I. In determining whether the public convenience and necessity require the operation of a taxicab for which application is made, the City Council may hold a public hearing within sixty (60) days from the date the application is filed. (Ord. 2735, 1994)24 24Revised. February 1996 Title 6 Page 36 STEPhEN J. HULTWA-, OWNER/OPERATOR CASCAdE AIRPORT ShUTTLE, INC.* 249 Wimer Street Hgts. #46 Ashland OR 97520 541-488-1998 April 22, 1999 Mr. Michael Freeman, City Administrator City Hall 20 East main Street Ashland OR 97520 SUBJECT: Ashland Municipal Code,Chapter 6.28, Application for Taxicab Certification Dear Mr. Freeman: After ten years of providing daily door-to-door airport shuttle service between Ashland and Medford's Rogue Valley International Airport, I now respectfully request your approval to diversify Cascade Shuttle's public service to include that of an Ashland Taxicab Service Certificate. Ashland Taxicab Service would professionally compete with the one and 2nly existing cab service for the City of Ashland. Yellow Cab Company provides service, as it is, to the entire valley with upwards of thirty vehicles. Our three-vehicle fleet, with exclusive concentration on intra-city Ashland would therefore provide no economic hardship on the existing service. With the City of Ashland's approval to diversify Cascade Shuttle's services, the benefits to all of the public are numerous: 1) Create approximately five new jobs. 2) New vehicles, which are vans, with access for disabled. 3) All no smoking vehicles, and all air conditioned. 4) Cheaper fares (intra-and inter-city), coordinated with Cascade Airport Shuttle. 5) Exclusive concentration on serving the City of Ashland 6) One of the vehicles is a deluxe, 15-passenger,white stretch van, which would accommodate the likes of theater groups, church functions, etc. 7) The colors of Ashland Taxi would be that of the Ashland School District (red and white). *ODOT Lic. #777073-Ash.City Reg.#900018,and Medford City Reg.#99-19139 Mr. Michael Freeman, City Administrator April 22, 1999 RE: Taxicab Certification page 2 In conclusion to this request, I want to point out that Yellow Cab Company has always competed with Cascade Airport Shuttle for Medford Airport business. Cascade Shuttle has never been able to compete intra-city with Yellow Cab Company. Your approval would help balance the scales of competition, as well as provide a healthy alternative choice for the consumer (residents and guests). The City of Ashland (population approximately 20,000 and growing fast),Southern Oregon University student body (approximately 5,000), hundreds of thousands of seasonal guests for Oregon Shakespeare Festival, and the disabled deserve professional, reliable, prompt,non-smoking,clean, and courteous taxicab service. I do not want to wait any longer than necessary with regard to this endeavor, as the 1999 season is upon the service industry. I remain hopeful, and will anxiously await your response.. Local institutional and individual references are available upon request. Sin rely; St phen ulting, er/Operator Cascade Airport Shuttle Copy: Barbara Christensen, Ashland City Recorder Carole Wheeldon, Ashland City Council Scott Fleuter,Chief of Police,City of Ashland April 1999 Ashland, Oregon Municipal Code Application for Taxicab Certification Section 6 28 160 —Applications for Certification A. In great part, the need has been established by population growth throughout the City of Ashland and surrounding areas. City Code authorizes a certificate per every five thousand (5,000) residents. At last census, Ashland records approximately nineteen thousand two hundred (19,200). Enrollment has also grown at Southern Oregon University and at the various assisted living residences with their special needs. Examples are Mountain View Estates and Skylark Assisted Living on North Mountain Street. Continued residential growth is rapidly underway, which creates a healthy level of demand (need)for competition in comparable uali service and cost of same service, and diversification of services for the benefit of the public, including the disabled, elderly, and tourists. All of the above are demonstrated needs. B. The financial impact would be negligible on the existing operator, as he has exclusive certificates on the existing City of Ashland population of up to and including fifteen thousand. Existing service operates over thirty taxicab vehicles throughout the Rogue Valley (Medford, Ashland, Jacksonville, Talent, Phoenix, Central Point, White City, Eagle Point) as well. C. Again, minimal effect on the one and only existing service, as the growth in population and diversified demands provide more than enough economic base to support a competitive service that would only improve our intra-city and inter-city public means of transportation, i.e., the public benefits far exceed any negative impact on the existing service in Ashland. D. No unreasonable detriment. Section 6 28 170—Applications — Information — Requirements A. S. J. Hutting, 249 Wimer Street Hgts. #46, Ashland, OR 97520 B. Three new Dodge vans. Seating capacity will be for seven passengers in each of two vans and fifteen passengers in one van. We would add a fourth van in approximately one year's time through RVfD Valley Lift Program. C. Ashland School District colors of red and white, all non-smoking vehicles and all air conditioned, new vehicles. D. NEVER. E. Associated Insurance Co., Ed Colson, Agent. F. Any other requests for information from Council. G. Financial Report attached (no bankruptcies) H. Vehicle Inspection, Police Chief, Ashland I. Possible hearing i / QUESTIONNAIRE/SURVEY 1! 1 Name OKY 0 � ! y A, d,-• ��/t-� Date Occupation {ytlN'is4 At SK&7/44c', Ajitst ,P( Yes / to Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! 'Az✓Cv, do"&-�4 z2a4 4 -3 /y--tt,r -7� � A& ucJ 12Id4v net Sincerely, Stephen J. Hulting 488-1998 (� QUESTIONNAIRE/SURVEY Name Date OccupatotZTS Gb?, S FJ RSk Lfkwc) Olkwy 'Rmta�s Yes No: Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! Q�10 oF�'ECnc� tf�t-FRT�i1r� � t�vE vsC� t�s��E Suomi C�J sEVr�a� pCC�ftstotas� ( l}E SOt�FULV VM, VwM 4 AnD r[� s ou► wc-- 2\110 �1t�11_ll�tr 71NA1 S . C:�T�s \J WNS ARE 1R�6Q�U/, cr1Q��RrtAB�C SERVICG S F r nnc�c A LOST PM- i-'C \MOC L S-44RU rL -ro �c Mn�c tom . \ =OWI &\r�may ly LM -qM) Cn"(F-tl -C���/ ►�;�o�un c-�c�� �e� s��s c�Ac�E ��y ( al @Z 3466 Ctt) 482-.41 -- Sincerely, Stephen J. Hulting 488-1998 �QUESTIONNAIREISURVEY Name Date e Occu ation� -�it.G� DOH Yes No: ould you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! -TIZ 1.1wd , "rte V Sincerely, Stephen J. Hulting 488-1998 j� J QUESTIONNAIRE/SURVEY Name l/O N 1 4 EL/M Date occupation Yes No Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! -0/- //£Z� v / O , w G� L IF /S IV !;, r>-f s5 The To, M 02l Tiy--/' S `c/2 'z In1 fFS rl 4-�9n/Q Sincerely, Stephen J. HHulting 488-1998 QUESTIONNAI RE/SU RVEY Name 17- u Date c /05%5 S Occupation Ic-¢t r ILI�WS �� Yes / to Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! Sincerely, Stephen J. Hulting 488-1998 QUESTIONNAIRE/SURVEY Name ,-, Date Occupation Aw p�A Q�W ry ti r Lm4,1� L Ye I No: ould you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! �J r._:�'t—�'C�ya�✓ In w�Mme—r Sincerely, Stephen J. Hulting 488-1998 QUESTIONNAIRE/SURVEY 2 Name �� �1� 'f-foq Date Occupation 019 abw 4 Yes / No' Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you!! , IFS a r2rlDeh� of �414rd - 14 dISGL�xy - Ai '1(t& tA11db To,xt*c9-�) SQ,1Ulrg,, w0016 LL M, T byci4111A v�ce� �1S a fl�C -that does cwt d15ab UP-05 • avo aII5 L aez' it - a gecod 5a v-Vi Co., w 11 uP •dotty yCk�CLC6 W04ld do 50 . `rgve.� i"y�5 MsL o.l r15�C, dJgt aH 41 ,ULw f1eAfi Se q�tZrnairveJ SArvlcv , wo41d QrQatl4 rt dyc� r15k w�oti i rLo ¢d C, Travel ah0 or"4 1_ K2&d j Cote glMp� b6IC2x 6 — f3 4J AS g40uftj SW A)'24 I I VI AW Qs�,�11" ICA Ap04"ts ' Av1caJ W04 d „y114 IM 0 r042i Ira nIR0C IA CA' "C' 1K � S�IQv� a r a� /Vlore✓ Ir,ATIT — f�' agt�ti''I COVO� M �UU��fv of 11TV . 14 IS Sincerely, Stephen J. Hulting 488-1998 QUESTIONNAIRE/SURVEY Name r 0;5- top-k4 Date Occupation Yes No: Would you object to an additional/alternative A>;hla d Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! Sincerely, Stephen J. Hulling 488-1998 QUESTIONNAIRE/SURVEY Name r J Q 1 V 17/AL) J j Date Occupation /NN IT F PEIZ N - a _ r Yes No: Would you object to an additionallalternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! Q -n�- lZ14 LC Sincerely, Stephen J. Hulting 488-1998 QU ESTION NAIREISU RVEY Name D6N Mt1LcUI - Date 9 Occupation =:C74 kA- OMia- Yes No: ould you object to an additional/alternative Ashland Taxicab Service? lease read my attached application to Ashland City Hall. Your comments please ... and thank you! (A/(/U L-0 f5F A- LV44-"M&n /a,on �. � /56ca✓v 4bf 6ti1nF� S&nyc" c Oa 6S A- Cu-j0 Sab uF 1n.Yl„1 77) tUn-i n�- ✓� �.A sC ✓' A4,,,7 7M,t c /t o✓6tiwIrbIr, kll - - Sincerely, Stephen J. Hulting 488-1998 �QUESTIONNAIRE/SURVEY �/ Name fy�tn 01)1 S1 A -` ��n�c�L Date S-7 `ti M� Occupation Jul1y-ewA2,t_J Yes / No Would you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! ,[�1�nc ��,�.� owe, �.n�„►� �C, � � Sin rel , St hen ting 488-1998 QUESTIONNAIRE/SURVEY Name ` 'cJi tPc J&' i—r&4 ! Date Occupation "(� ��c9�veZ �..�� I�pi{;v A. Yes No: ould you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. Your comments please ... and thank you! CU-- C-1 Sin erely, t ing 4 -1998 QU ESTI ONNAI REISU RVEY Name / Date Occupation L Yes / o: ould you object to an additional/alternative Ashland Taxicab Service? Please read my attached application to Ashland City Hall. iYour comments please ... an thank you! 6 V L Sincerely, Stephen J. Hulting 488-1998 PUBLIC UTILITY COMMISSION OF OREGON SALEM, OREGON 97310-1380 MOTOR CARRIER PERMIT No. 42347 CLASS 1R - PASSENGERS STEPHEN JERRY HULTING & DBA CASCADE AIRPORT SHUTTLE ASHLAND OR 97520 Is hereby issued a permit to transport PERSONS (EXCEPT IN REGULAR ROUTE, FULL-SERVICE SCHEDULED TRANSPORTATION) IN INTRASTATE COMMERCE IN OREGON, subject to applicable provisions of ORS Chapter 767. This permit is evidence of the authority of the named permit holder and is subject to revocation, suspension, or modification as authorized by ORS Chapter 767. Each power vehicle with a combined weight of more than 26,000 pounds operating under this permit must be registered with a valid temporary pass or PUC plate. The weight certificate issued with a plate by the Commission must show the correct loaded combined weight and be carried in the vehicle. An additional permit is required from the proper authority for highway or structure restrictions and excess weight or dimension. �,tt1,ITY 20 �G r a • • z f f f f � f JULY 31, 1995 '�' OREGON 2nd Revised Title Page#2 P.U.C. No. 2 Cancels 1st Revised Title Page Stephen jffj�ulting CASCADE AIRPORT SHUTTLE TARIFF No. 2 Naming fares, rules, and regulations for the regular route transportation of passengers between Ashland and Medford/Jackson County Airport; also between, Ashland, Jacksonville and Medford/Jackson County Airport. l ISSUED BY: Stephen ulting CASCAD AIRPORT SHUTTLE 624 Park Street Ashland, Oregon 97520 Issued: March 6, 1991 Effective: March 10, 1991 P.U.C. No. 2 CASCADE AIRPORT SHUTTLE . 1st Revised Page 1 Cancels Original Page 1 RULES AND REGULATIONS GOVERNING THE TARIFF ITEM 5 SCOPE OF AUTHORITY The charges and provisions in this tariff apply in connection with the operation of an airport shuttle service between Ashland (and points within five (5) airmiles of Ashland) and the Medford/Jackson County Airport, and are limited in their application to the extent of the operating authority set out below: OREGON INTRASTATE: REGULAR ROUTE SCHEDULED SHUTTLE SERVICE AUTHORIZED ROUTES: Route 1 BETWEEN AND VIA Ashland (and within five Junction of 1-5 and Biddle Road. 1-5 (5) airmiles of Ashland) Junction of 1-5 and Junction of Biddle Road and Biddle Road Biddle Road. Airport Road. Junction of Biddle Road Medford/Jackson County Airport. Airport Road and Airport Road. AUTHORIZED SERVICE: PASSENGERS, in vehicles not to exceed a 15-passenger carrying capacity. Service authorized between all points in both directions, including service to all route points within five (5) airmiles of Ashland. Issued: March 6, 1991 Effective: March 10, 1991 P.U.C. No. 2 CASCADE AIRPORT SHUTTLE 1st Revised Page 2 Cancels Original Page 2 ITEM 5 (cont.) REGULAR ROUTE SCHEDULED SERVICE: Temporary Route 2 BETWEEN AND VIA Ashland Junction OSHR 99 & Sta a Road S. OSHR 99 Junction OSHR 99 & Junction Stage Road S. & Stage Road Stage Road S. E. California Street Junction E. California St. Jacksonville E. California St. & Sta a Road S. Jacksonville Junction Hanley Road & N. Fifth St. N. Fifth Street Junction Hanley Road & Central Point Hanley Road N. Fifth Street Central Point Junction Pine Street & Biddle Road Pine Street Junction Pine Street & Junction Airport Road & Biddle Road Biddle Road Biddle Road Junction Airport Road & Medford/Jackson County Airport Biddle Road Biddle Road Medford/Jackson County Junction Biddle Road & 1-5 Biddle Road Airport Junction Biddle Road & 1-5 1 Ashland 1-5 AUTHORIZED SERVICE: PASSENGERS, in vehicles not to exceed a 15-passenger carrying capacity. Service authorized between all points in both directions, including service to all route points within five (5) airmiles of Ashland. ITEM 20 BAGGAGE OR PERSONAL EFFECTS Baggage and personal effects of passengers will be carried without additional charge, but will be limited to two pieces of baggage per passenger. Additional pieces of baggage will be accepted if space permits. Carrier will not be liable for lost, stolen or misplaced property. Issued: March 6, 1991 Effective: March 10, 1991 P.U.C. No. 2 CASCADE AIRPORT SHUTTLE Original Page 3 ITEM 30 CANCELLATION OF SERVICE Carrier reserves the right to cancel any service when, in the sole opinion of the carrier, weather or road conditions make it unsafe to operate. In the event of a cancellation the carrier's liability shall be limited to the return of all fares previously collected. ITEM 40 CARRIER LIABILITY Carrier shall endeavor to maintain schedules, but carrier will not be liable for failure to do so, nor for any delay, interruption or suspension of service caused by conditions beyond its control. ITEM 50 FARES All fares are stated in and payable in United States currency, and will be collected in advance of trip. The fare for a child under twelve (12) years of age, when accompanied by an adult, shall be one-half of the full fare. Children under two (2) years of age, when accompanied by an adult, shall travel free of charge. ITEM 60 OB .FCTIONABLE PASSENGERS OR ARTICLES Carrier reserves the right to refuse to transport a person who is under the influ- ence of intoxicating liquor or drugs, or who is incapable of taking care of himself or herself, or whose conduct is such, or liable to be such, as to make him or her objectionable to other passengers. Carrier will refuse to transport firearms of any sort, or any object or goods which might, in the opinion of the carrier, affect the health, safety or enjoyment of the passengers. ITEM 70 PETS AND ANIMALS Carrier reserves the right to refuse to transport pets and animals in vehicles with passengers. ITEM 80 DISTURBANCES Passengers shall refrain from unduly disturbing fellow passengers. Passengers with children shall be expected to exercise proper control over them so that they do not disturb or annoy other passengers or interfere with the driver while he or she is driving. ITEM 90 BOOKINGS FOR SERVICE Reservations will be necessary for service and will be accepted on a 'first-come, first-served" basis. However, a sincere effort will be made to accommodate all passengers requiring service. Issued: March 6, 1991 Effective: March 10, 1991 P.U.C. No. 2 CASCADE AIRPORT SHUTTLE Original Page 4 ITEM 100 FARES Fares as states are for adults on per person basis. Advanced reservations are required to assure service. Route 1 : The one-way fare between Ashland and Medford/Jackson County Airport or between intermediate points is $8.00, with a minimum of two full fares per trip. Route 2: The fare between Ashland and Jacksonville or between intermediate points is as follows: Minimum Charge One-Way Round Trio Per Trip Between 6:00 a.m. and 6:00 p.m. $5.00 - $15.00 Between 6:00 p.m. and 11:30 p.m. -- $10.00 $40.00 The one-way fare between Jacksonville and Medford/Jackson County Airport is $8.00 with a minimum of two fares per trip. Issued: March 6, 1991 Effective: March 10, 1991 The End PUBLIC UTILITY COMMISSION OF OREGON SALEM, OREGON 97310-1380 MOTOR CARRIER CERTIFICATE STEPHEN JERRY HULTING & —DBA CASCADE AIRPORT-SHUTTLE ASHLAND 7520 Authority No. 42347 Class 1P MP 5144 Is hereby issued operating authority as a FOR-HIRE CARRIER of PASSENGERS RESTRICTED ON SCHEDULE ATTACHED, subject to appli- cable provisions of ORS Chapter 767 . This certificate is evidence of the authority of the named certificate holder and is subject to revocation, suspension, or modification as authorized by ORS Chapter 767 now or hereafter adopted by the Public Utility Commission. Each power vehicle 01 th a combined weight of more than 26, 000 pounds operating under this certificate must be registered with a valid temporary pass or PUC plate . The weight certificate issued with a plate by the Commission must show the correct loaded combined weight and be carried in the vehicle . Permit is required from the proper authority for highway or structure restrictions and excess weight or dimension. February 14 , 1990 Authority amended June 7, 1995 13/4185NN-4 ITY CO b O a z 0'� •OREGON SCHEDULE Authority No. 42347 FOR-HIRE CARRIER OF PASSENGERS IN INTRASTATE COMMERCE IN OREGON ,REGULAR ROUTE FULL-SERVICE SCHEDULED TRANSPORTATION: AUTHORIZED ROUTES: ROUTE BETWEEN AND VIA 1 ASHLAND JCT. I-5 & I-5 BIDDLE RD. 2 JCT. I-5 & JCT. BIDDLE RD. & BIDDLE RD. BIDDLE RD. AIRPORT RD. 3 JCT. BIDDLE RD. & MEDFORD/JACKSON AIRPORT RD. AIRPORT RD. COUNTY AIRPORT 4 ASHLAND JCT. OSHR 99 & OSHR 99 STAGE RD. S 5 JCT. OSHR 99 & JCT. STAGE RD. S & STAGE RD. S STAGE RD. S E CALIFORNIA ST. 6 JCT. E CALIFORNIA JACKSONVILLE E CALIFORNIA ST. ST. & STAGE RD. S 7 JACKSONVILLE JCT. HANLEY RD. & N FIFTH ST. N FIFTH ST. 8 JCT. HANLEY RD. & CENTRAL POINT HANLEY RD. N FIFTH ST. 9 CENTRAL POINT JCT. PINE ST. & PINE ST. BIDDLE RD. 10 JCT. PINE ST. & JCT. AIRPORT RD. & BIDDLE RD. BIDDLE RD. BIDDLE RD. 11 JCT. AIRPORT RD. & MEDFORD/JACKSON BIDDLE RD. BIDDLE RD. COUNTY AIRPORT 12 MEDFORD/JACKSON JCT. BIDDLE RD. & BIDDLE RD. COUNTY AIRPORT I-5 13 JCT. BIDDLE RD. & ASHLAND I-5 I-5 L12- 3L/7 AUTHORIZED SERVICE FOR ROUTES 1 THROUGH 3 : PASSENGERS IN VEHICLES NOT TO EXCEED A 15-PASSENGER CARRYING CAPACITY SERVICE AUTHORIZED IN BOTH DIRECTIONS BETWEEN ALL POINTS; ALSO, WITHIN FIVE (5) AIR MILES OF ASHLAND. AUTHORIZED SERVICE FOR ROUTES 4 THROUGH 13 : PASSENGERS IN VEHICLES NOT TO EXCEED A 15-PASSENGER CARRYING CAPACITY SERVICE AUTHORIZED IN BOTH DIRECTIONS BETWEEN ALL POINTS; ALSO, WITHIN THREE (3) AIR MILES OF ALL POINTS AND ROUTES. Per SB 318 February 14 , 1990 Authority amended June 7, 1995 13/4185MM-27 -2- APPENDIX K D-16660 ODOT 2 CASCADE AIRPORT SHUTTLE FIRST REVISED PAGE 4 (Cancels Original Page 4) : FARES ITEM 100 Fares as stated are for adults on a per person basis. Advanced reservations are required to assure service. Route 1: The one-way fare between Ashland and Medford/Jackson County Airport or between intermediate points is$10.00,with a minimum of$16.00 per trip. Route 2: The fare between Ashland and Jacksonville or between intermediate points 'it$10.00 per round trip,with a minimum of$25.00 per trip. LASTPAGE ISSUED DATE: June 28, 1996 Issued B --------EFITCTIVE DATE: July 1, 1996 624 P k n 624 Park Stree �/ l Ashland, Oregon 97520 -4- APPENDIX J D-16655 ODOT 7 VALLEY RETRIVER BUSLINES ORIGINAL PAGE 6 SECTION E MILEAGE SCALES Item 3000 Mileages between points are as shown below: Newport(Npt) Npt Tdo Evl BW Bit Phi Cvs Aby Lbn SH BB Sis Bud Toledo(Tdo) 8 Eddyville(Evd) 23 15 Burnt Woods(BW) 33 25 10 Blodget(Bit) 39 31 16 6 Philomath(Phi) 55 47 32 22 16 Corvallis(Cv) 68 60 45 35 29 13 Albany(Aby) 79 71 56 46 40 24 11 Lebanon(Lbn) 91 83 68 58 52 36 23 12 Sweet Home(SH) 110 102 87 77 71 55 42 31 19 Cascadia 124 116 101 91 85 69 56 45 33 fl4 , Upper Soda 138 130 115 105 99 83 70 59 47 •'J8,1, Jd 20& 126 154 146 131 121 115 99 86 75 63 64 I * V. Sandam Pass 158 150 135 125 119 103 90 79 67 48 HooDooJcL 162 154 139 129 123 107 94 83 71 52 Black Butte (BB) 176 168 153 143 137 121 108 97 85 66 Sisters(Sis) 184 176 161 151 145 129 116 105 93 74 8 Tumalo 200 192 177 167 161 145 132 121 109 90 24 16 Bend(Bnd) 231 229 214 204 198 182 169 158 115 96 30 22 Salem 104 96 81 71 66 51 36 26 - - 103 111 133 Detroit Dam 156 150 135 125 120 105 90 80 - - 51 59 81 LAST PAGE ISSUED DATE: June 6,1996 EFFECTIVE DATE: June 19,1996 Issued By: Dennis K. Dick ��RW36 t. w'Po ,' 365 -6- . PRESENTATION BY OREGON SHAKESPEARE FESTIVAL REGARDING NEW THEATER PROJECT P.O. Box 138 15 Snutb Pioneer Street Ashland,Oregon 97320 Business 541 482-2111 Oregon shakupearcTtstivaL Fax 342 482 1482- Box Office 342 482-4331 October 26, 1999 Honorable Mayor and City Council City of Ashland 20 E. Main Ashland, OR 97520 Dear Mayor Shaw and Council Members, Background After many months of exploration and discussion, it gives me great pleasure to write this letter asking for your support for the Festival's new theatre project. As you are aware, this project was first revealed in March last year when we announced that we hoped to be able to build a new theatre on the Carpenter Hall property in combination with part of the adjoining Hargadine Street parking lot. For almost ten years the Festival has been contemplating a new theatre to replace the Black Swan, originally built as a temporary theatre in 1977 from a converted motor vehicle showroom. The Black Swan no longer meets the needs of the Oregon Shakespeare Festival. We need a theatre where the quality of performance can be at the highest level, uncompromised by inadequate seating, sub-standard backstage facilities, low ceilings and outdated heating and ventilation, and where a larger number of people can see the intimate, powerful work that has become the hallmark of the Black Swan. Community Input After we announced our original plan, we held a number of focus group meetings with historic preservationists and local performing arts organizations, presented a cable access call-in television program, held two public meetings, talked with more than 1,500 Festival patrons and members, and met with many neighbors. We received a great deal of input, support, advice and criticism. Having put a hold on design development in June, we explored eleven different options for the site of the new theatre. We have now identified the approach that we believe satisfies the vast majority of the concerns expressed by different members of the community while enabling the Festival to construct a theatre that meets its needs now and in the future. During the past several months the Festival has identified several key community concerns relating to the new theatre: many people felt the need to preserve Carpenter Hall; local small performing arts groups voiced their dismay at the lack of performing space in Ashland; some residents worried about the impact of growth in our community; others expressed concern about the possibility of another large scale theatre being built in the downtown area; downtown merchants and some residents talked about the need for more parking; and many Festival patrons stated their support for a modern, technically-advanced theatre. Proposal After considering all these issues, the Festival proposes to: 1. Leave Carpenter Hall where it is, and upgrade it so that it can be made more available to local performing arts groups when the Festival's theatres are not in operation. 2. Construct a new, state-of-the-art theatre, seating 260 in a three-quarter thrust configuration (like the present Black Swan) and up to 350 in arena or in-the-round seating. The new theatre will provide the proper level of support for our acting and production company as well as appropriate audience amenities in a space that is very different from our other two theatres. 3. Build a two-level parking structure, with one level at Hargadine Street and the other as an underground area at approximately the lower level of the existing parking lot. Our goal for this structure is to increase parking from the present 84 to 120—an increase of more than 40%. The Festival is willing to front the costs of this parking structure with the understanding that we will try to fund it with grants, in partnership with the City of Ashland. We also wish to reserve the right to ask our patrons to pay when they use the parking structure. 4. Continue to work in partnership with the City, the Chamber's Parking and Transportation Committee and Ashland businesses to develop a comprehensive plan that addresses transportation, traffic flow, parking and other issues. 5. Enhance the landscaping surrounding Carpenter Hall so the new theatre fits harmoniously into the neighborhood. Economic Impact Our plan is to operate the new theatre in essentially the same way we operate the Black Swan. The new theatre will enable us to accomplish a modest increase in attendance of 25,000 to 30,000 per season. This represents potential seasonal growth of approximately 8%, with 2% growth in the summer months and 15% in the spring and fall. We have calculated that this will increase the City's hotel/motel tax by as much as $67,000 and the food and beverage tax by $102,000. There would also be significant sales increases for many local businesses. Request The Festival is now formally asking the Ashland City Council to give us access to approximately 13,000 square feet of the Hargadine Street parking lot. As you are aware, this parking lot was constructed in 1971 using funds generated by the Festival and then given to the City of Ashland. In order to move the project forward, we request that the City Council support in principle the project as outlined above so that the Festival can continue its architectural development. In addition, we request that you authorize City staff to begin negotiations for a lease with the Oregon Shakespeare Festival, incorporating all of the spaces included within the present lease, together with the space necessary for the new theatre and the parking structure. A map showing the proposed layout of the new theatre, courtyard and parking is enclosed. The Oregon Shakespeare Festival is tremendously excited about this new venture which we believe will continue the 65 year old, mutually beneficial relationship between the Ashland community and the Oregon Shakespeare Festival. Yours sincerely, Or pz akesp eare Festival �`U4"at", - , Paul E. Nicholson / Executive Director PEN/ljc W W u r ,, U < O U S O ❑ U S Z a > O ` p ff ty Co Q ` r « m Z O m �. c ,'-_ t-F o it W Cie LU I. ;... ° � W W LU Li ui ui LU LU i` 3 _ CL W n Z a o. ; g a a u 0 1 d 4 ; n 0 5 �•.'� . I . 1 .. i , is di CD MEMO To:, - -City of Ashland Attn: Mayor and City Councilors From: Michael Donovan Dear Mayor and City Councilors: I am writing to urge your approval of the conceptual plan submitted by the Oregon Shakespeare Festival for the construction of a new theatre on the grounds of the exist- ing Hargadine parking lot. The Festival has explored many options for the siting of this new theatre building near its existing campus, and they are to be lauded for their strong public outreach that resulted in a plan that manages to preserve the integrity of Carpen- ter Hall, while incorporating the difficult design needs of a state-of-the-art theatre that will serve the Festival and the community well into the next century. Hopefully, as a community, we will show the same foresight in working with OSF that occured in building the Angus Bowmer Theatre in 1969. The City of Ashland benefited from the acquisition of a new building deeded over to the city; and OSF benefited from being able to lease back the new theatre well into the future. It is also commendable that the Festival is willing to assume financial responsibility for the construction of a street- level structure that will allow for additional parking in the downtown core. Several re- cent public opinion surveys in Ashland have indicated that a majority of residents strongly favor increased parking availability. Perhaps it is ironic that the parking issue may spark the most spirited discussion in OSF's proposal, but I agree whole-heartedly with OSF Executive Director, Paul Nicholson that this project has the potential to serve as a "catalyst for change" in addressing parking and transportation needs not only in the downtown core, but in our whole community. There is no denying that much of the economy of our entire community is driven by the Oregon Shakespeare Festival, the motels and B&B's, the restaurants, the recreation- related businesses and the retail establishments. However, we must also look at the much broader issue of how as a tourist community we intend to preserve the quality of life and the quality of the visitor experience that depends upon our small-town scale, our social diversity, our recreational and artistic opportunities and our beautiful moun- tain setting. In other words...how do we keep these special attributes from being over- whelmed by the increased traffic congestion and air-quality problems that many of us moved here to get away from? In the 26 years in which I have been fortunate to have lived in Ashland, a great many positive and vital changes have taken place in our city, but to be honest, some changes now risk overwhelming the special attributes that both local and visitors appreciate about our small community. Between 1980 and 1990 Ashland's population grew oximately 8.5%, while the number of vehicle miles traveled through the city increased by 39% It is conservatively estimated that over 15,000 vehi- cles pass southbound on East Main, and 13, 0 vehicles pass northbound on Lithia Way every single day! That is more cars than travel both north and south on Interstate 5 per dayD As we all know, a key element of this change has been the high cost of housing in Ashland. De- spite our best efforts to provide for more affordable housing, the desirability of Ashland real estate has displaced a significant percentage of our work force and student population who now live out- side the city in the neighboring communities of Talent, Phoenix and Medford. We must act soon to thoughtfully implement a reliable, dependable system of mass-transit for locals and visitors, and especially that portion of our resident work force and student population who commute daily to Ashland in congested traffic only to compete for more limited parking spaces in public parking lots and adjoining residential streets. This effort will require a comprehensive management solu- tion that incorporates BOTH INCENTIVES (improved transit service, carpooling, shuttle ser- vice) AND DISINCENTIVES (paid parking, residential parking permits) that have been shown in other communities to discourage the use of single occupant vehicles, increase parking availabil- ity, and encourage a true multi-modal community where more residents and visitors travel by foot, bicycle or public transit. If the Council elects to support the Festival's proposal, as I hope you will, then I urge to you look closely at the possibilities inherent in a parking management plan for the downtown area, includ- ing the Hargadine lot. Further, city staff should continue working with the broad-based group of community members who have been working under the umbrella of the Ashland Chamber of Commerce to address the issues of parking and transportation in downtown Ashland. These citi- zens have spent much of the past year working on these issues, and represent not only the business community and the Oregon Shakespare Festival, but other significant community institutions such as Southern Oregon University and Ashland Community Hospital. All of these entities are greatly effected by the transportation needs of their respective clientele and employees. If the Festival's proposed theatre plan does indeed act as an effective "catalyst for change" in our downtown, then in twenty years, we may appreciate not only our foresight in supporting a vibrant new theatre for the Oregon Shakespeare Festival, but in acting to preserve the special attributes of our small-town quality of life. �Sincerel aeDMich an Chateaulin Restaurant 4T. BUTLER ACURA HYUNDAI 7977 Hwy. 99 North Ashland,OR 97520 541.482.2521 541.482.5953 FAx butlford®cdsnet.net www.butlerforq6jonm� November 2, 1999 NOV 01 To: City Council, City of Ashland — ----------------------- From: Charles L. Butler Board of Directors, Oregon Shakespeare Festival Chairman, Community Relations Committee Subject: New Theatre Proposal by the Oregon Shakespeare Festival . Please accept this letter as a formal request for your approval of the Oregon Shakespeare Festival's new theatre project. The application to approve a revised lease agreement with the Festival to allow for the construction of a new theatre to replace the Black Swan theatre along with a two level parking structure will benefit many sectors of our community. The following are examples of the benefits and opportunities for the City and the citizens of Ashland: Increased positive economic impact to the Southern Oregon area of approximately 9 million dollars based on a 10% increase in attendance. This increase in attendance will largely take place in the spring and fall part of the festival season. Increased motel tax revenues. Increased food and beverage tax revenue. � 9A Provision of an economic base for the development of the proposed Ashland Transportation Plan. Provision of an economic base for a revised and expanded downtown- parking plan. Expansion of a clean, dynamic industry for the Ashland economy. _] s= Expanded availabilityof Carpenter Hall to small performing arts groups. The Oregon Shakespeare Festival/City of Ashland partnership has worked well for over sixty years and has shielded Ashland from the strife of many negative economic turns over that time period. This is an opportunity to provide a sound base for many years into the future. .. During the period prior to the construction of the Bowmer Theatre, the City worked closely with an Ashland Economic Development Committee and a "Committee of 50" which was formed to "advise" the City Council. These groups along with the City Council led Ashland out of the timber based economy of the 50's and into the educational and cultural based economy of the 70's and beyond. I would propose that some type of community group be formed to develop a vision into the next century using the Festival Plan as a ` "catalyst for change". Please help the Festival and the citizens of Ashland prosper through your approval of this much-needed project. Sincerely Oregon Shakespeare Festival ZChuck Butler Chairman, Community Relations Committee We have appealed this matter, regarding City of Ashland Planning Action No. #99-062 because of a Procedural Error in conducting the Planning Commission meeting held August 10, 1999. Ashlands Comprehensive Plan states under Chapter III: Citizen Participation and Involvement Policies: III-3 "Ensure in the future that all citizens are given the o12122ortun_i1y to contribute their views to planning issues through the public hearing process. We contend that Provisions of OILS 197/ORS 227 were violated i.e., a Public Hearing was held and a Planning Decision was rendered without a hearing and discussion of the Comprehensive Plan. -197.005 5(d) If its comprehensive plan and land use regulations have been acknowledge by the commission, make land use decisions and limited land use decisions in compliance with the acknowledged plan and land use regulations. -227.170 (2) The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual information, including adopted comprehensive plans and land use regulations. -227.175 (4) The application shall not be approved unless the proposed development of land would be in compliance with the comprehensive plan for the city and other applicable land use regulation or ordinance provisions . This pattern or ractice of decision making has resulted in an approval of a Proposed Development that violates the following Goals and Provisions of the Comprehensive Plan. Chapter I: Historic Sites and Structures Goal: to preserve Historically Significant Structures and sites in Ashland. Policies: I-1) The City recognizes that the preservation of historic sites and buildings provides both tangible evidence of our heritage and economic advantages. I-2)The Historic Commission shall offer recommendation to the City Council and Planning Commission concerning the alteration or disposition of structures, sites or neighbor- hoods within the historic interest areas in Ashland. I-6) The City shall identify and inventory its significant historic buildings, structures, sites, objects and districts employing photographic, written and oral documentation, and maps and shall protect those resources identified as significant. ficant. I-9) The City shall develop and maintain guidelines for analyzing and resolving conflicting uses of its historic resources, and shall encourage traditional uses of historic resources. Discussion: The "Skidmore Academy" currently in process for National Historic recognition is a uniquely significant Historic Resource. Planning Action 99-062 recently approved by Ashland Planning Commission is located in the heart of this Historic neighborhood lying between Helman and Laurel Sts. and Central and Van Ness respectively. We contend that the proposed development does not conform to the existing neighborhood, its traditional usage, historic character, nor to Comprehensive Plan Policy. We believe such a development, in its density transient character, and parking requirements can not easily be assimilated into or become an integral part of the existing neighborhood. It would in fact negatively impact and likely destroy what is now a . uniquely preserved Historic resource. Chapter VI. Housing Goal:: Ensure a variety of dwelling types and provide housing opportunities for the total cross section of Ashland's population consistent with preserving the character and appearance of the Policies: VI-1 b) Allow a wide variation in site-built housing types through the use of the City's Performance Standards ordinance. The use of attached housing, small lots, and common open spaces shall be used where possible to develop more moderate cost housing and still retain the quality of life consistent with Ashland's character. VI-2 Using the following techniques , protect existing neighborhoods from incompatible development and encourage upgradin. a) Do not allow deterioration of residential areas by incompatible uses and developments. Where such uses are planned for, clear findings of intent shall be made in advance of the area designation. Such findings shall be made in advance of the area designation. ... Mixed uses often create a more interesting and exciting urban environment and should be considered as a development option wherever they will not disturb a an existing residential area. Discussion: The Van Ness, Central, Helman, Laurel community is today a square block neighborhood intersected by a cross alley system. Zoned R/3 it predominantly consists of small lower income single family owned home many with an additional unit or two on the property to help support a mortgage. These rental units, most with adequate space for their own yards or gardens, support an eclectic mix of young families, students, local employees, and artists. Most of the occupants have been in residence for many years, are a variety of ages and incomes and work locally. This area has become an increasingly desirable area for first home buyers because of the comparatively modest home purchase price. This has also encouraged long term residency from families enjoying the benefits of Briscoe School just 2 blocks away. It is also at present an extremely attractive neighborhood for pedestrian and bike use because of its proximity to town and safety he alley thoroughfare provides. We believe this is precisely the kind of near to school and downtown neighborhood which the Comprehensive Plan seeks to encourage. The recently approved development of 3 duplexes with exclusive access off the alley and incompatible design does not maintain the current character or use of this existing neighborhood. Chapter VII Economic Development Goal: To ensure that the local economy increases in its health and diversifies in the number, type and size of businesses consistent with the local social needs,public service capabilities and the retention of a high quality environment. Policies: VII-2 c) The City shall design the Land Use Ordinance to provide for new development or redevelopment in the Historic District will be compatible with the character of the district. Discussion: The value of preserving Ashland 's distinctive neighborhoods is elemental in developing continued economic growth. At least 300,000 tourists flock each year to Ashland, bringing financial stability to our small town economy. One of the pleasures most enjoyed by those visiting is strolling through Downtown, Lithia Park and enjoyably through the preserved Historic areas of town. The Skidmore Academy is yet intact and extremely inviting because of its close walking distance to town and Tree Lined ambiance. We have an opportunity and an obligation to couple development options with sound policies fostering the Goals and Policies of the Comprehensive Plan. Chapter VIII: Aesthetic Resources V-13 : "Ashland's environment and @V iearance are often often noted as important parts of the general livability of the City, and are frequently cited reasons for residents remaining in the area and for tourists coming to Ashland. "The Maintenance of civic pride and of visitors favorable impressions depend especially on the scenic quality of major access routes and thoroughfares." "A significant portion of this impression is created by trees and intact plant communities. Trees especially large trees , enhance the quality of life in Ashland in many ways, providing shade, protection from wind, erosion control, wildlife habitat, and play areas for children, among other things. Ashland has a long history of honor and protecting trees, including being named a Tree City, USA each year since 1986. Trees are a fragile resource. The proven benefits of trees can only be maintained through favorable consideration in the political process." Discussion: The intent of the preserving our urban forest clearly stated in the Comprehensive Plan was not adhered to in the recent approval of Planning Action 99-062. The trees along the property line adjacent to 143 Van Ness clearly in good health in excess of years and in significant size and scope are slated for removal. The installation of sewer and drainage lines in that location and the proximity of Unit's A and B within the scope of the drip lines of these trees is not necessary to the development of the property. It is another example of a developer designing outside the scope of the existing features and topography and trying to force that design into the scope of the property. Not only does this significantly change the Historic ambiance and noise reducing qualities these mature trees provide but it is an assurance the developer would damage and likely kill the Silver_ Maple tree in the adjacent property owners back yard. Furthermore as stated in the Site Review Standards II-B-3c As many existing healthy trees on the site shall be saved as is reasonably feasible. It is important when reviewing criteria to understand the true meaning of words as they apply to Law and interpretation of law. Therefore let us consider the definitions from Black's Law Dictionary: SHALL: As used in statues, contracts, or the like, this word is generally imperative or mandatory. In common or ordinary signification, the term "shall" is a word of command, and one which has always or which must be given a compulsory meaning: as denoting obligation. The word in ordinary usage means "must" and is inconsistent with a concept of discretion. REASONABLY: As defined in the scope of this ordinance fair proper, just fit and appropriate to the end in view. With this in mind it is clear that the reason involved is to allow development and protect existing trees because of the many benefits, outlined above that they offer to the community as a whole. FEASIBLE: Capable of being done, executed or accomplished. It is clear that the size of the lots in question have ample room for a design that meets the criteria of Site Design Standards, and the Goals and Policies of the Comprehensive Plan. SAVE: Preserve, protect, maintain. It is evident from testimony of Dave Greene owner and developer to Planning Commission during recent Public Hearing that with respect to saving one Silver Maple along proposed sewer and drainage line that the placement of this was somewhat irrelevant because the footprint and adjacent concrete work would kill the tree anyway. This then is another example of a Design that maximizes Density without regard for the final outcome to be in compliance with the Site Review Standards and those of the Comprehensive Plan. Chapter X: Transportation Goal: Provide a Transportation system which is safe, diversified, cost and environmentally efficient, emphasize alternate modes of transport, meets the needs of the transportation disadvantaged, and enhances the local economy , scenery and neighborhoods. Policies: X-2) Accidents a) Ensure adequate visibility at all intersections for t the safe flow of traffic. b) implement traffic control measures into inter- sections where traffic flow problems are predicted to to occur. X-3) Street Dedications and Design b) Locate future arterial streets away from schools, parks and other open space uses whenever possible c) Require new street projects to ensure minimal impact on terrain and natural vegetation. d) Consider topography, soil characteristics, geologic conditions, drainage pat_ t�potential runoff quantities type of land uses, and purpose of streets when developing new street projects. X-6) Pedestrians and Bikeways c) Provide adequate pedestrian facilities in conjunction with all new street improvement projects and all new commercial, industrial and residential developments. Discussion: The Skidmore Academy and Briscoe School neighborhood is deemed by the Handbook for Planning and Design of Streets, as a "traditional or neo-traditional" area. (pg.2 Section 1) The section deals with street design and says,"Neighborhood identity is largely influenced by the streets in the area." A traditional neighborhood, "street is treated as a public space and is considered a key element of the neighborhood." (ibid. pg.4) Though alleys are all but ignored in City Planning documents, we as a neighborhood would hold the same applies to our central cross alley system and alleyscape. Traditional neighborhoods, this section goes on to say,"..revisit many of the features of urban neighborhoods developed prior to World War II... and were designed to be easily used by pedestrians, bicyclists and transit riders." - "In the traditional neighborhood street network, the traveler can choose from many routes available on the basis of what they see out on the street...The multiplicity of routes available also lets the walker/cyclist match the route to their particular skills. For example, expert cyclists can choose to take their place in traffic as a fully- vested vehicle, while low-skilled cyclists can travel on small,possibly more circuitous routes" (pgs.2,4 ibid) Let it be acknowledged that the skill level of most kids living on the alley and many who use it as a way to Briscoe have not yet readied themselves to travel as "fully-vested vehicles". This alley access , narrow and unsuited to two way traffic, allows them that alternative. We content that a thorough evaluation as to the Traffic Safety considerations imposed on the present as well as future residents was not adequately accessed and poses extreme safety risks as approved. The comparative accessments given to legitimize the project's transportation evaluation did not take into consideration : 1. The proximity to Briscoe Elementary School and volume of young children commuting thereto. 2. The proximity of Family Houses affronting alley i.e. , their front doors opening directly onto alley thoroughfare. 3.Already existing safety issues regarding speeding of automobiles in alley. Documented in discussion at two Traffic Safety Meetings thus far. Safety questions were acknowledged in testimony of John Morrison, member of Traffic Safety Commission , during the recent Planning Commission meeting concerning this develop- ment. 4. It remains unclear how the City plans to resolve the visual restrictions imposed by the naturally occurring riparian willow trees at intersection of Alley and Bush Lane. Conclusion: We have apprised you of our position and we contend that the decision of the Planning Commission ,regarding Action #99-062,was in contravention to local law which we said was the : a. Chapter 197 Comprehensive Land Use Planning coordination b. Chapter 227 City Planning and Zoning c. Comprehensive Plan d. Site Design and Use Standards j That a Procedural Error occurred in conducting the Planning Commission meeting regarding this action, and this error deprived us of a substantial right to a reasonable and fair hearing regarding evidence relative to the proposed development. More than 80 protest signatures from surrounding neighbors of this development contest it's compatibility with regard to the Goals and Policies of the Comprehensive Plan and Site Review Standards. We do not believe that this development as approved will: "...result in a living environment equal to or better than, the present one." It is not our intent to argue the relevance of each point following at the meeting twenty. We ask however that the council remand this action back to the Planning Commission with a clear directive to conduct their hearings with regard to not only Site Review Standards but also to the Goals and Policies of the Comprehensive Plan. o F�PN `2 q 25-October-1999 90 ? o , ONG ti G 'p OV 6�o���e90 Mayor Shaw & Members of the Ashland City Council $rota 50. 20 East Main Street A5513 Ashland, Oregon 97520 9J RE: OSF-New Black Swan Theater (for inclusion in the Council Packet) Dear Mayor and members of the council, It is my understanding that the Oregon Shakespeare Festival will soon be coming before Council with goal of securing agreement in principle for their latest proposal to r,place the Black Swan. As you are all aware I was very concerned that the Festival's growth be accomplished in a manner that was consistent with the traditional scale and character of our downtown. I am very pleased that as the result of this community's concerns OSF chose to revisit its plan and ultimately offer their recent proposal, allowing Carpenter Hall to remain while creating additional'parking to accommodate the new demand the theater will create. My purpose here is to make you aware of my general support for OSF's current plan in concept and to encourage you to in fact provide whatever permission is required for OSF to further develop-its plans and submit them for appropriate review. This is not.to say, however, that we have arrived at the"perfect" solution but I am confidant that we're on the right path to find.something close to it. I have several concerns that I hope will be addressed as this project moves forward. While much debate clouds the legitimacy of OSF's "claim"'to the Hargadine Parking Lot, the fact of the matter remains that the City, not the Festival, is its legal owner and has been for a number of years. Previous Councils specifically excluded the Hargadine Lot from OSF's lease and I suppose that we can further investigate the actual financial arrangement and implied expectations of how the lot was developed if it gets to that point. Nevertheless, ownership of the Hargadine Lot gives the Council the final voice in this project and I hope you will use this authority to assure a broad public benefit to all Ashland residents. My principle concerns are: gkiamer@jeffnet.org 541-482-9504 541-482-9438 fax Page 2 1) OSF has stated that they intend to restore Carpenter Hall and make it more available for public use. I think we should make these points stipulations of whatever agreement is made concerning the project. The many small theater groups in Ashland lack a reliable venue and while I can appreciate the complications of concurrent scheduling with other OSF productions I hope we can find a way to guarantee a minimum availability for Carpenter Hall after the new theater is completed. OSF has indicated it intends to make the Carpenter Hall available during the off-season, as well as on Mondays. I would suggest that late-night productions (after-OSF) and shoulder season use is also possible. Given that the final "campus" plan now proposed yields OSF five performance spaces in downtown (counting the three existing theaters, Carpenter Hall and the new theater) and that they had originally intended to continue without ANY use of Carpenter Hall, I do not see increased public access as being overly burdensome on their operation. There is also potential for community use of the present Black Swan during the OSF offseason and that could also be addressed to maximize availability of these non-profit venues to the public. 2) OSF has previously indicated an willingness to place Carpenter hall under city- ownership and control. I think this may be appropriate,to assure a strong city voice in any future development planned for the corner. Carpenter Hall could be leased back to the Festival on terms similar to the way it leases its other property. If OSF chooses not to operate Carpenter Hall for public rental use perhaps some arrangement with the Parks and Recreation Department, similar to the use of the Winbum Way Community Center might be explored. 3) Incorporating the new theater project into OSF's existing no-cost lease doesn't make sense to me, given the high cost of building the new theater and a parking structure and the fact that the current term expires in less than 15 years. I do not, however, believe that we should extend or re-negotiate the entire existing lease at this time. My hope is that a new OSF-City arrangement, covering only those properties on the east side of Pioneer(including whatever disposition is made of Carpenter) be signed. This presumably will be at little or minimal cost to reflect OSF's new investment, but like the existing lease ought result in all these properties eventually being fully owned by the City. As you know, there is some sentiment in the community that the present maintenance-only lease is not appropriate or in the City's best interests and while that may or may not be true on the west of Pioneer, certainly an investment of the sort OSF is proposing in the new theater and parking structure warrant very reasonable terns. 4) While I am supportive of OSF's new theater concept, there still remains many concerns about the building's exterior design, use of materials, and overall character, including questions as to whether or not it will sufficiently addresses the requirements of the recently adopted downtown design standards. These Page 3 issues, of course, are all matters that will be more fully addressed as OSF and its architect continue to flesh out their project and present their proposals to the Historic and Planning commissions in pubic forum. I can understand and support OSF's need for assurance of success in gaining the land before committing more money to the planning process. I do hope that the City will not finalize any lease or other binding transfer of any portion of the Hargadine Parking lot until OSF has successfully negotiated the entire land use planning process and make any such transfer contingent upon the project securing all required site, zoning, and building code approvals that may be required. Let there me no mistake that I am clearly aware that OSF deserves to be congratulated for its willingness, at long last, to work with the community it inhabits and I am pleased that they finally identified a concept that works for all of Ashland. I always knew that with a willingness to compromise we would find a creative solution to this issue and I think, by and large,that they have done so.' Still, there is no way around the fact that even this new proposal will result in a major impact on our downtown. I hope that the new spirit of compromise and a willingness to look at the problems from varied viewpoints remains a part of the process and that OSF continues to keep the community in the loop, as a partner for that surely is what our relationship has been for the past 60-plus years. Ashland and the Festival each have much to gain from a successful project but that does not diminish the risks in tampering with the character of our city in such a potentially significant way. It is only prudent to maintain the city's final authority in the transfer of any city-owned land until all the details of this very complex project have been adequately explained and discussed in the appropriate public process. I hope you will agree with me that doing so is the proper course as the city and the Festival continue to work together to make the new Black Swan a reality. Sincerely, G M . Council Communication Transferring a Portion of Tolman Creek Road November 2, 1999 Submitted by: Paula Brown Approved by: Paul Nolte Approved by: Mike Freeman /�. Title: Transferring of a Portion Of Tolman Creek Road Synopsis: With the completion of this transfer, the City will have total jurisdiction over Tolman Creek Road from Siskiyou Boulevard to E. Main Street. This jurisdictional transfer as described in the attached agreement is for the remaining 1200-foot long section from E. Main Street southerly currently within Jackson County's jurisdiction. In consideration for assuming the jurisdiction of the street along with its corresponding maintenance costs, the County has offered a one-time payment of$36,000.- The offer is based upon the cost of improving the street asphalt pavement section to full City standards. Payment is to be received in full within 30 days of the final approval of the agreement. Recommendation: Staff recommends that the City Council move to approve the attached resolution transferring jurisdiction of the northerly 1200 feet of Tolman Creek Road from Jackson County to the City. Approval of this agreement will place Tolman Creek Road from Siskiyou Boulevard to E. Main Street completely within City jurisdiction. Background Information: In January of 1992, the City accepted jurisdiction of Tolman Creek Road from the Oregon and Pacific Railroad to approximately 1772 feet north of Highway 66 (Ashland Street). Jackson County paid a total of$78,864.00 to the City for this section of street. The funds were applied to the cost of improving the street under the north Tolman Creek Road LID. The remaining 1200 feet of street from the south boundary of the Chautauqua Trace Subdivision to East Main Street is still under County jurisdiction. Asa requirement of the approval of the Chautauqua Trace Subdivision, the developer was required to complete half of the street improvements to Tolman Creek Road including paving, curb, gutters, sidewalks and storm drains. With the completion of the subdivision construction later this fall, curbs, storm drains and sidewalks will be continuous on the west side of Tolman Creek Road from Highway 66 to E. Main Street. It is anticipated that the funds received from Jackson County for this jurisdictional exchange will be used to improve as much of the east side of Tolman Creek Road as possible. The G:Paula\Council\CC Tolman Creek Jurisdiction.doe improvements could include: a. Reconstruction of the Tolman Creek Road/E. Main Street intersection; b. Installation of concrete curbs and sidewalks on the east side of Tolman Creek Road from E. Main Street southerly; and, c. Creation of bikelanes (striping) on both side of Tolman Creek Road. Attachments: Site Maps Agreement GTaula\Council\CC Tolman Creek Jurisdiction.doc Joseph L.Strahl 19d Director ,JACKSON COUNTY (541) 26- Oad City,Oregon 97503 (541)826-3122 or(541)776-7268 Fax:(541)830-6407 Roads September 7, 1999 City of Ashland Attention: Jim Olson Engineering Services Manager City Hall Ashland, OR 97520 Dear Jim: Enclosed is the agreement for the transfer of jurisdiction of portions of Tolman Creek Road. Please submit the agreement to the City Council for approval and the Mayor's signature. Please return all three of the signed copies to me to be submitted to the Board of Commissioners. The dollars amount was based on 1,200 feet of road, a pavement width of 37 feet, asphalt depth of 3 inches, a unit price of$35.00 per ton with 20 percent added to the total dollar amount. Thank you for your cooperation in this matter. Since ely, Dale Pe ek, P.E. County Engineer sw enclosures BEAR CREEK GREENWAY / ENGINEERING / FLEET MANAGEMENT / MOTOR POOL / PARKS / ROAD MAINTENANCE / VEGETATION MANAGEMENT 776.7268 8263122 82 9-3122 77 6-7339 776.7001 826-3122 82&3122 AGREEMENT BETWEEN: JACKSON COUNTY, a political subdivision of the State of Oregon ("County") AND: CITY OF ASHLAND, an Oregon municipal corporation ("City") DATE: 1999 Recitals A. The County presently has jurisdiction over the Road (as defined below) within the city limits of the City. Because of the geographical location of the Road, the costs of maintenance and improvements to the Road has become unduly burdensome to the County. B. The City is involved in an ongoing street improvement program for roads and streets within the city limits. The City wishes to exercise jurisdiction over the Road to ensure that the Road is included within the City's street improvement program. C. ORS 373.270 permits the jurisdiction over county roads to be transferred to a city whenever the county governing board deems it necessary, expedient or for the best interest of the county to surrender jurisdiction, and the governing body of the city deems it necessary or expedient and for the best interest of the city to acquire jurisdiction over the county road to the same extent as it has over other public streets and alleys of the city. D. The Board of Commissioners of the County has, after satisfying the notice requirements stated in ORS 373.270(2), (3) and (4), adopted an order authorizing surrender of jurisdiction over the Road and execution of this Agreement on behalf of the County. E. The City Council of the City has adopted a resolution authorizing the acceptance of jurisdiction over the Road and execution of this Agreement on behalf of the City. Agreement NOW THEREFORE, the parties agree as follows: 1. Identification of Roads. This Agreement concerns portions of the following county road within the City: a. Tolman Creek Road, from 1772 feet North of Highway 66 to East Main Street The road identified above is collectively referred to in this Agreement as the "Road". The Road is shown on Exhibit A attached hereto and incorporated into this Agreement by reference. 2. Transfer of Jurisdiction. The County hereby transfers jurisdiction over the Road to the City, and the City hereby assumes jurisdiction over the Road from the County. The City is hereby solely responsible for all construction, improvements, repair, maintenance, levying and collection of assessments and control of access over the Road. The city shall have the same jurisdiction over the Road as by its charter and the laws of the State of Oregon are given or granted it over any of the public streets and alleys of the City. 3. Payment By County. Within 30 days of the execution of this Agreement by both parties, the County shall make a one-time payment to the City in the amount of $36,000.00 as a contribution towards defraying the City's costs of constructing, improving, repairing and maintaining the Road. After making the payment, the County shall have no further obligation, financial or otherwise, with regard to the Road. IN WITNESS WHEREOF, the parties set their hands on the date indicated. COUNTY: JACKSON COUNTY APPROVED AS TO FORM By: Burke M. Raymond County Administrator Doug McGeary CITY: Assistant Co. Counsel CITY OF ASHLAND By: ASHLANDJEX99AGR.WPD • NJ A,7,- At a. • I N M V M 1 (6 I n I 00 1 m ' e i: J : a G a J a JiEi.: a :_: i]:0 •[ xit : E i[a l ai J • e3:JE tp 6: . . L3Y [ _ iix: iE: il33t �8^3�.11�.$ i pL�.I a n I a 't-IICS^i r : xi- • !e6 _t . a . .• J C � f a 1 . P 9q � : ' pf : : 6 Y 2C'_ ^. . Tev ' gg T 14]aM IFtt�� f i ur'qq V. � ` 6:�i t " ilj � if ' 7Ac. Yfs gt Ayl�`` S . 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I I j I . _ Ii�YiESFFB � SE i _ ��9 A• - CJ '•` — ! _ � —. ti � ^� ;IaTaa a:i J 9 a x : a - f.tRr • . = 1\ _ :J rx ..:Jx I ;EE: : E i i 6 cn o k - � I . ,. — En� eT• ae a - jl • �` � fi .� r ,� •_ t tJESe trti:l:ice 9 ; - - 1txfE: 3 x6t Etxtt6 : Sxx ; a EE: Idi j 1 .f � �-._� � � @1:7�8gagey �;�`7{ ppi 1pp4F!�!jjlt � (fpC•CIT `d , Lafje• �f �t eia6a] EE lSii� lSj .� S.aaS�$a�6TSLuf3efr @FxStr • -I 1 1 [; ppp 6•tia : dExii t]t it :d5 d •tei It a Eti •: a � � '� i71 11ty � s , ttf ?1i14S � 7 . S13� FY � � .f y N I (O I n I 00 I m ° Avm d0 1HJItl �T '� JIltlM941S b 9Ntl'1 H)Ilfl U A ° w A 14 a LLI � z o W F x W z U z z z W F a w C' Ip N 9Ntl'1 3)IIQ A O a 7y aanD o U N TT Q N-IVmaals � PLO AVM j0 IHJIH RESOLUTION NO. 99- A RESOLUTION ACCEPTING TRANSFER OF A PORTION OF TOLMAN CREEK ROAD FROM JACKSON COUNTY TO THE CITY OF ASHLAND Recitals: A. The Board of Commissioners of Jackson County has adopted an order pursuant to ORS 373.270 authorizing the surrender of jurisdiction over a portion (described below) of Tolman Creek Road ("the Road") to the City of Ashland. B. The City of Ashland deems it necessary or expedient and for the best interests of the city to acquire jurisdiction of the Road. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland accepts the county order and offer to surrender jurisdiction of the Road as described in the attached agreement between Jackson County and the City of Ashland dated November 2, 1999. SECTION 2. The mayor is authorized to sign the agreement on behalf of the city. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1999. Catherine M. Shaw, Mayor Tas to for az Paul Nolte, City ttorney PAGE 1-RESOLUTION (F:USERTA000RMToIman road transfer res.vpd) Council Communication Electric and Telecommunications Department Exempting From Bidding For Cable Equipment November 2, 1999 Submitted by: Pete Lovrovich Approved by: Paul Nolte�,, Approved by: Mike Freeman rnpL Title: Resolution Exempting from Competitive Bidding Equipment Purchases Through The National Cable Television Cooperative for the Ashland Fiber Network Cable Television System Synopsis: This resolution exempts cable equipment, cable television equipment and related components, connectors and hardware through the national cable television cooperative and its approved equipment manufacturers and suppliers for the Ashland Fiber Network cable television system. Recommendation: Move to adopt the resolution which approves the exemption. Background Information: Background information and justification for the exemption is contained in the attached memorandum from Richard Holbo and Mike Ainsworth. F:\USER\PAUL\ORD\LCRB\LCRB res cable coop AFN cc.wpd RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD RESOLUTION EXEMPTING FROM COMPETITIVE LCRB RESOLUTION BIDDING EQUIPMENT PURCHASES THROUGH THE NATIONAL CABLE TELEVISION COOPERATIVE FOR THE ASHLAND FIBER NETWORK CABLE TELEVISION SYSTEM Recitals: A. AMC § 2.50.030.B permits the Ashland City Council sitting as the Loral Contract Review Board to exempt contracts from competitive bidding if it finds: 1. The lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and 2. The exemption will result in substantial cost savings. B. This ordinance provides that in making such findings, the Board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the Board may deem appropriate. Where appropriate, the Board shall direct the use of alternate contracting and purchasing practices that take account of market realities and modern or innovative contracting and purchasing methods, which are also consistent with the public policy of encouraging competition. C. In order to exempt a public contract from competitive bidding, the Board shall adopt written findings that support the awarding of a particular public contract or a class of public contracts without competitive bidding. The findings must show that the exemption of a contract or class of contracts complies with the requirements of AMC § 2.50.030.B. The Board adopts the information contained in the memorandum from Richard Holbo, Telecom Supervisor, and Mike Ainsworth, CAN Specialist, dated October 26, 1999, which is attached to this resolution, as findings justifying the exemption. The Board finds that this exemption will not result in favoritism or substantially diminish competition in the purchase of CAN programming, and the exemption will result in substantial cost savings. The Board resolves that an exemption be granted as follows: PURCHASE OF CABLE TELEVISION EQUIPMENT AND RELATED COMPONENTS, CONNECTORS AND HARDWARE THROUGH THE NATIONAL CABLE TELEVISION COOPERATIVE AND ITS APPROVED EQUIPMENT MANUFACTURERS AND SUPPLIERS FOR THE ASHLAND FIBER NETWORK CABLE TELEVISION SYSTEM. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of November, 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of November, 1999. Catherine M. Shaw, Mayor R we st rm: aul Nolte, City Attorney 1- LCRB Resolution FAUSERTAUBORMLCMI-CRB res cable coop AFN.wpd Memo Date: October 26, 1999 To: Honorable Mayor and City Council Members From: Richard Holbo,Telecom Supervisor and Mike Ainsw l rtlr �4 � �t CATV Specialist ac �l o�d .lti\bo n 4�la�w� acry Re: ASHLAND FIBER NETWORK BIDDING EXEMPTION- A PROPOSAL FOR A CITY COUNCIL RESOLUTION The Ashland Fiber Network joined the National Cable Television Cooperative(NCTC)as a participating system. The NCTC represents over 1000 cable operators in America. The total number of collective subscribers with the NCTC is over 10 million. The NCTC ranks third behind Time Warner Cable and TCI(ATT&T)in total subscriber size. Because of the enormous economies of scale of the total membership,the NCTC exercises"large system operator"leverage with cable network providers. Program fees are negotiated to the lowest possible per subscriber rate,far lower than an independent cable operator could negotiate on their own. We already have an exemption that allows us to purchase programming from the Co-Op. The NCTC exercise similar clout with equipment manufacturers and suppliers. Equipment and cable television related components,connectors,and various hardware can be ordered through NCTC approved vendors.Vendors must first meet stringent NCTC delivery and quality requirements in addition to offering"favored nation"pricing on their products. As a member of the NCTC,the Ashland Fiber Network is able to receive pre-negotiated lowest industry prices on equipment to build and maintain our cable plant. The Ashland Fiber Network is proposing to the City Council that an Exemption be passed to allow AFN to make purchases with the NCTC's approved equipment vendors without satisfiying the requirement for a"Request for Purchase"proposal process. We have done numerous RFQ's over the past several months and the quotes coming back from the NCTC's approved vendors have consistently been the lowest. 10/28/99 Confidential 1 I �- Interoffice Memo The reasons we are requesting this exemption are as follows. 1. The RFQ process can be lengthy,taking up to a month to complete before we can order any equipment.The cable plant construction is a temporary project requiring timely purchases, delivery,and installation in order to meet aggressive timelines. 2. It is highly unlikely that we would receive better pricing from any other vendor. 3. Personnel time is currently being utilized in the quote process when we already know who has the low price,or quickest time to delivery is. This is also beginning to strain relationships with other vendors as they are repeatedly being requested to quote on equipment or supplies that in all likelihood they do not have a chance to provide due to the Co-Op's bulk pricing agreements. The City will not be negatively affecting the competitive bidding process and no manufacturer will experience preferred status outside of the NCTC approval arena. The City Council Resolution would enable AFN to streamline it's purchasing process of crucial plant construction components,while affording the lowest purchase prices via the buying clout of the National Cable Television Coop. t o/2a/gg Confidential 2 Council Communication Legal Department Amending Bidding Rules November 2, 1999 Submitted by:Vaul Nolte �N Approved by: Mike Freeman / 1 Title: A Resolution Amending Resolution 93-35 by Defining Advertising Contracts. Synopsis: This resolution defines, for purposes of the exemption from competitive bidding, the phrase "advertising contracts."The definition also includes a reference to the Attorney General's model rules by limiting the model rules to this definition. The alternative resolution entitled "A Resolution Amending Resolution 93-35 by Deleting Advertising Contracts as an Exemption from Competitive Bidding" deletes advertising contracts altogether from the exemptions. Recommendation: 1)Move to adopt this resolution, or in the alternative, 2) move to delete advertising contacts from the exemptions to competitive bidding by adopting the alternate resolution, or 3) direct staff to not use the advertising contracts exemption for the purpose of public relations, marketing or the business of designing and preparing advertising for publication. (If alternative 3 is selected, no amendment to the existing resolution would be necessary.) Background Information: Councilor Fine proposed the definition for advertising contracts in response to the controversy involving a contract which some have asserted as not consistent with the city's competitive bidding rules or the city's rules for the selection of personal services contractors. The council, sitting as the local contract review board, adopted certain exemptions from competitive bidding in 1993 as authorized in ORS 279.015. Advertising contracts were exempted at that time in section 3.5 of the rules: "3. ADDITIONAL EXEMPTIONS: The LCRB finds the following contracts exempt from competitive bids upon these findings: It is unlikely such exemptions will encourage favoritism or substantially diminish competition. The LCRB also finds that the awarding of public contracts pursuant to the exemptions will result in substantial cost savings. 3.5. Advertising Contracts. Contracts for the purchase of advertising including that intended for the purpose of giving public or legal notice." Council Communication Legal Department Amending Bidding Rules Page 2 Councilor Fine's proposal would make it clear that the exemption for advertising contracts would not include contracts for public relations, marketing or the business of designing and preparing advertising for publication. The reference to the Attorney General's model rules in the definition stems from legislation effective October 23, 1999. ORS 279.049 has been amended to require all public agencies to follow the model rules unless the agency's rules specifically state the model rules are not to be followed. The alternative resolution removes advertising contracts from the competitive bidding exemptions altogether. Since Resolution 93-35 also exempts all contracts under$25,000 from competitive bidding, there is no need for an advertising contract exemption couched in the terms of the proposed definition. The city has never come close to $25,000 in purchasing advertising space. In lieu of adopting any resolution, council could effect the same result by directing staff not to use the advertising contracts exemption for public relations, marketing or the business of designing and preparing advertising for publication. (F:\USER\PAUL\ORD\LCRB\sdvenising contract mw cc.wpd) RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND CONTRACT REVIEW BOARD A RESOLUTION AMENDING RESOLUTION 93-35 BY DELETING ADVERTISING CONTRACTS AS AN EXEMPTION FROM COMPETITIVE BIDDING. F notated to show deletions and additions to the resolution sections being modified. eletions are ftned-thf&dgh and additions are shaded. THE CITY OF ASHLAND CONTRACT REVIEW BOARD resolves that its rules set forth in Resolution 93-35 be amended as follows: SECTION 1. Section 3.5 of resolution 93-35 is deleted. JOCI[15iRlTCVlftil OlalJ L'VlliloGW IVI N .`1 y The Resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and was duly PASSED and ADOPTED on this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11999. Catherine M. Shaw, Mayor ReM' dasjp form: P aul Nolte, City Attorney PAGE 1 - RESOLUTION F:\USER\PAUL\ORD\LCRBNadvedising contract rew alt.wpd RESOLUTION NO. 99- BEFORE THE CITY OF ASHLAND CONTRACT REVIEW BOARD A RESOLUTION AMENDING RESOLUTION 93-35 BY DEFINING ADVERTISING CONTRACTS. Annotated to show deletions and additions to the resolution sections being modified. Deletions are 0thedihreagh and additions are shaded. THE CITY OF ASHLAND CONTRACT REVIEW BOARD resolves that its rules set forth in Resolution 93-35 be amended as follows: SECTION 1. Section 1 of Resolution 93-35 is amended by adding subsection 1.6: 1. DEFINITIONS: For purposes of these rules, unless the context requires otherwise, the following words and phrases mean: 1.1. Administrator means the City Administrator. 1.2. Board means the City of Ashland Contract Review Board. 1.3. City means the City of Ashland. 1.4. Council means the Ashland City Council. 1.5. Purchasing Agent means the Director of Finance, or such other officer or employee as may be designated by city ordinance. 1.6. Advertising Contracts mean contracts for securing announcements in newspapers or magazines, during telecommunications broadcasts, upon billboards, through distribution of handbills, by direct mail, or through other mass media. To the`extent that the Attorney General's Model Rules of Procedure for competitive bidding allow more than this definition for advertising contracts, the model rules do not apply to the city. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and was duly PASSED and ADOPTED on this day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1999. Catherine M. Shaw, Mayor Re 'e ed as o form: Paul Nolte, CI Attorney PAGE 1 - RESOLUTION F:UlseawAUUORDtLCRB\advenlsing wntmcl mw.vpd City Council Communication Administration Multilateral Agreement on Investments November 2, 1999 Submitted by: Mike Freeman Title: Resolution requesting that the United States Government ensure that certain provisions be included in the Multilateral Agreement on Investments(MAI) agreement if it is to be ratified by the United States. Synopsis: City Council was recently asked to support a local community group's opposition to provisions in the draft Multilateral Agreement on Investments. The City Council asked that staff review the MAI issue and bring back a recommendation. Recommendation: This is a complex issue that is beyond the expertise of the staff. It is the staff s recommendation that the City Council not take action on this issue for the following reasons: 1. Staff does not feel that the City has or will have all the information necessary to understand this complex issue. 2. It is unclear, even if passed what real impact the MAI would have on the City of Ashland. 3. The MAI agreement negotiations have ceased for now, and no action is needed. This issue is not being actively negotiated. It is very likely that the MAI negotiations may continue and the language of the agreement changed significantly from the version that is now know about. However, if the City Council wishes to oppose the MAI, a sample resolution is attached. Background Information: "The Multilateral Agreement on Investment or MAI is a comprehensive agreement that has been negotiated by ministers from the most economically developed countries. What distinguishes this agreement from other international treaties on direct investment is that the MAI was expected to have contained provisions for enforcing the Agreement and for resolving conflicts or disagreements. Dissatisfaction with a number of provisions in the Agreement sparked intense opposition among various non-governmental organizations and in April of 1998 spurred ministers from the United States and elsewhere to postpone additional discussion on the Agreement. France withdrew from the negotiations on October 1998 and the Organization for Economic Cooperation and Development(OECD) Ministers announced on December 3, 1998, that the OECD had ceased all negotiations on the Agreement."1 I Congressional Research Service: "The Multilateral Agreement on Investment: A Brief Analysis of the Current Status. Attachments: 1. City of Salem, OR Report on Multilateral Agreement on Investment 2. CRS Report for Congress — The Multilateral Agreement on Investment: A Brief Analysis of the Current Status. RESOLUTION NO. 99- A RESOLUTION REQUESTING THAT THE UNITED STATES GOVERNMENT ENSURE THAT CERTAIN PROVISIONS BE INCLUDED IN THE MULTILATERAL AGREEMENT ON INVESTMENTS (MAI) IF IT IS TO BE RATIFIED BY THE UNITED STATES. RECITALS: A. The City of Ashland is a Charter City vested with the right and power to make and enforce all laws and regulations in respect to municipal affairs. B. The City uses its regulatory powers to ensure a high quality of life for Ashland citizens through the effective use of zoning, environmental,historic preservation, and similar regulations. C. Existing international trade agreements, such as GATT Article II:8(a), specifically exempt government procurement policies from scrutiny under international law so long as purchases are "for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial resale." D. The Multilateral Agreement on Investments may be interpreted to obligate the City to compensate foreign nationals for the effects of the City's regulations, even where the Oregon and United States Constitutions require no such compensation to nationals of the United States. E. The additional compensation potentially required by the Multilateral Agreement on Investments could impair the City's efforts to ensure a high quality of life for its citizens, or require the City to reduce funding to vital programs. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: That the Council of the City of Ashland encourages the United States Government to incorporate into the Multilateral Agreement on Investments a provision exempting government contracting and purchasing decisions from coverage under the agreement. BE IT FURTHER RESOLVED that the Council encourages the United States government to ensure that the Multilateral Agreement on Investments requires no compensation by local governments beyond that required under the Fifth Amendment to the Unites States Constitution. BE IT FURTHER RESOLVED that the Council requests that Oregon's elected representatives of the United States Senate not support the ratification of any version of the Multilateral Agreement on Investments that fails to safeguard these important municipal interests. (Resolution MAI) Page 1 BE IT FURTHER RESOLVED that the City Recorder be instructed to mail copies of this resolution to the President of the United States, the United States Secretary of State, the United States Secretary of Commerce, and United States Senators from Oregon. This resolution was read by title only in accordance with Ashland Municipal Code section 2.04.090 duly PASSED and ADOPTED this_day of ' 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this_day of 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney (Resolution MAI) Page 2 Alliance for Democracy Rogue Valley Chapter of Southern Oregon October 27,1999 Most Honorable Mayor and Members,City Council of the City of Ashland: On September 21 we presented a Resolution for your consideration and adoption on behalf of the citizens of Ashland,on the matter of the Multilateral Agreement on Investment(MAI)and the World Trade Organization (WTO). We understand the measure will be on your agenda for November 2nd. We are transmitting herewith the following for your further consideration: 1. FAQ' Four questions concerning why you yourselves acting as Council Members for the citizens of Ashland might consider voting on what appears to be a world trade measure,and thus remote from the City Limits. 2. A 45 minute tape of the October 19"intervievt conducted by Jeff Golden with Ruth Caplan who is Chair, Corporate Globalization Campaign of the Alliance for Democracy in Washington D.C..This interview touches specifically on the WTO/MAI question. The thrust of MAI and WTO is"trade Liberalization"which means in short deregulation and privatization' One of the more serious threats of MAI/WTO is the rush to commodify water,world-wide. Water is treated under GATT as a'good'and the selling of water as a service under GATS.4 This could prove to be a threat to Ashlands' cherished control over its water and watershed Maude Barlow wams us:"The MAI is not dead,just re-routed.The United States,Canada,Europe and Japan have all agreed to push for its inclusion in the"Millennium Round"of the WTO,the new round of talks scheduled to begin on the eve of the year 2000.Water will once again be at serious risk.n' Thank you very much for your time and consideration in this important matter. Sincerely Yours: John Fisher-Smith /vl Member MAI/WTO Working Group uzi Auf eide Quarterly Facilitator R.V.Chapter Alliance for Democracy, Encl: 1.FAQ—MAI Free Ashland 2.Audio tape.Jeff Golden/Ruth Caplan ''Frequently Asked Questions' 2 On Jefferson Exchange,JPR station KSJK,AM 1230 ' Ruth Caplan point out that what is"deregulation at the IocaUnational level is in fact re-regulation at the international/WTO level 'General Agreement on Trade in Services S BLUE GOLD,THE GLOBAL WATER CRISIS AND THE COMMODIFICATION OF THE WORLD'S WATER SUPPLY;A Special Report issued by the International Forum on Globalization(IFG);June 1999. Address for Rogue Valley Chapter of Alliance for Democracy: Address for national Alliance for Democracy: Ralph Bruening Alliance for Democracy P.O. Box 645 Ashland, Oregon 97520 P. O. Box 683 Lincoln, Massachusetts 01773 - Phone: 541.488.9412 Phone: 781.259.9395 Fax: 781.259.0404 E-mail: ralphbrueninq. Ohotmail.com Web: http://www.afd-online.orq/ FAQ—MAI Free Ashland Prepared for Mayor and City Council of Ashland Oct 26,1999 1. Have other jurisdictions in the US passed similar resolutions against MAI. Yes, the following list is from Global Trade Watch (http://www.citizen.org/pctrade) Organizational Resolutions: Western Governors' Association June 24, 1997 NACO - National Association of Counties July 21 1998 Social Responsibilities Round Table of the American Library Association June 29, 1998 City Council Resolutions: Berkeley City Council (California) February 24, 1998 San Francisco April 20, 1998 City of Olympia (Washington), May 5, 1998 City of Boulder (Colorado), June 2 1998 The Association of Washington Cities June 20 1998 Metropolitan King County Council (Washington), December 14 1998 Oakland City Council (California), December 15 1998 Seattle City Council Resolution, April 12, 1999 Salem City Council Resolution, October 4, 1999 2. What is the difference in concept between Free Trade and Fair Trade. Fair Trade takes into account the local needs of people, the environment and human rights whereas Free Trade is based on assuring financial efficiency only, which without constitutional safeguards can mean freedom to exploit. MAI is a Free Trade regimen which gives extensive new rights to corporations and investors but only added responsibilities to governments and their citizens. 3. Why would Ashland oppose a measure which regulates world trade. Because MAI threatens our democratic-form of local self-government by giving corporations and investors the right to sue our government and adjudicate in trade tribunals thus bypassing the court system and laws of the land and thereby invalidating local regulations. 4. What different political points of view in the US oppose MAI? Conservative presidential candidates Pat Buchanan and Gary Bauer both oppose NAFTA and the MAI. The Christian Coalition sees the WTO as a furtherance of the Trilateral Commission. The Conservative Caucus is against NAFTA, the MAI, and workings of the WTO. Moderate politicians such as the Reform Party oppose NAFTA and the MAI. Liberal environmental groups, organized labor, and consumer advocate Ralph Nader see the MAI as detrimental to labor, consumer protection, and the environment. By John Fisher-Smith MAI/WTO Working Group Rogue Valley Chapter Alliance for Democracy cc. Mike Freeman, City Administrator lolol/99 FRI 11:56 FAX 1 503 361 2202 CITY LEGAL/MUNICIPAL COU 002 For Council Meeting of: October 4, 1999 Agenda Item No.: 4.2 . TO: MAYOR AND CITY COUNCIL `/ J THRU: LARRY J. WACKER, CITY MANAGER FROM: STEPHANIE SMYTHE, CITY ATTORNEY l�:k SUBJECT: MULTILATERAL AGREEMENT ON INVESTMENT (MAI) ISSUE: Whether the City Council should pass a resolution in opposition to the Multilateral Agreement on Investment (MAI). RECOMMENDATION: Information only_ BACKGROUND: On September 7, 1999 the Salem Chapter of the Alliance for Democracy asked the City Council to join a number of other cities and other governmental and citizens' organizations in passing a resolution opposing the Multilateral Agreement on Investment(MAI)and similar agreements under other names. Exhibit 1. Council referred the matter to staff. FACTS AND FINDINGS: What is the MAI? The MAI is a proposed international trade agreement. It shares with the North American Foreign Trade Agreement (NAFTA) goals of liberalizing international trade laws and protecting foreign investments. Attempts to create some form of governing structure to deal with international trade and investment have resulted in the General Agreement on Tariffs and Trade (GATT), the formation of the World Trade Organization (WTO) and the North American Foreign Trade Agreement (NAFTA). Until recently, nations were negotiating the MAI. Spurred by the significant and growing American ownership stake in foreign enterprise, the United States government was a leading proponent of the agreement. As of December, 1998, negotiations ceased. The negotiation of the MAI was headed by the Organization for Economic Cooperation and Development (OECD). The OECD is made up of 29 countries. These 29 countries account for more than half of the world's foreign investments. The WTO and a number of other countries were observing the negotiations. The MAI is not limited to acceptance by the OECD member countries. It is open to other countries willing and ready to undertake the MAI obligations. In order for the United States to sign the MAI, if the MAI is treated as a treaty, it needs to be approved by two-thirds of the Senate. Page 1 of 4 .WE The United States negotiation team is made up of the Trade Representative's office, the State Department and the Treasury Department. The negotiating team held periodic consultations with congressional committees, government associations, and labor, business and environmental groups_ The basic provisions of the MAI A. INVESTOR PROTECTION The general goal is to set high standards for the treatment and protection of investments. The MAI will broaden obligations beyond existing nondiscrimination and most-favored-nation standards. one of the goals of the MAI is to ensure nondiscriminatory treatment of all.investors, regardless of nationality, I- Scope of protection-The MAI would protect the traditional range of investors'rights, including the right to own and operate a business and the right to transfer funds and other capital_ 2. Discrimination- The MAI would protect foreign investors from discrimination by expanding on two provisions that already exist in other treaties. National Treatment-requires nations to treat foreign investors or investments no less favorably then they treat their own. The first requirement is that laws do not discriminate against or have a discriminatory effect an foreign investments. The second requirement is full market access, meaning uniform treatment of foreign investors within national borders. other Most Favored Nation Status-requires that a country who signs the MAI mu st give every signatory country most-favored-nation treatment. 3. investment Incentives - The MAI also proposes bans or limits on government investment incentives on the theory.that such incentives distort private market allocation of capital. B. EXCEPTIONS TO THE AGREEMENT 1. General Exceptions-Broad areas of government practices that are formally acknowledged nut to fall under the rules of the MAI agreement. The three proposed sovereignty exceptions to investor protection are: a) national security, b) public order and c) international peace and security. 2. Country Specific Reservations-Narrow areas of government practice negotiated with respect to member countries that are formally acknowledged not to fall under the rules of the agreement. The MAI also proposes a"roll back"or"sunset" process that removes existing laws in conflict with MAI over a specific time period. United States negotiators have said they have followed the NAFTA procedure and have "grandfathered" all existing state law. of A 1o/o1/99 FRI 11:56 FAX 1 503 061 2202 CITY LEGAL/MIINICIPAL COU [a 003 C. CREATING LEGAL REMEDIES The MAI proposes to be legally binding on all levels of government. The MAI encourages conciliation and provides for resolution of disputes, taking into account existing mechanisms. 1. Investor-to-Government Remedies - The MAI proposes to use a "legal" rather then a "diplomatic" model to enable foreign investors to enforce the agreement directly against governments either at the federal or state level. The investor may choose to settle disputes between the investor and a country's government in that country's judicial system, or the dispute could be sealed by international arbitration. 2. Consolidating "Class Action" - The MAI proposal includes a "class action" approach to consolidating claims which is also used in NAFTA. 3. Local Enforcement-The MAI proposes to give foreign investors access to domestic courts to enforce remedies against state governments. D. AVOIDING CONFLICTS WITH OTHER AGREEMENTS The MAI seeks to avoid confusion and overlap with other agreements. The MAI proposes to have jurisdiction over investment issues that are the subject of regional economic integration agreements such as NAFTA and organizations such as the European Union. Taxation is perhaps the paramount sovereignty concern. The United States and other OECD nations propose to carve out taxation altogether, which would leave tax matters ro specialized tax treaties. Th current Status of the MAI The MAI has received relatively low media attention. The OECD began negotiating the MAI in May of 1995. In April of 1997, the press obtained a draft copy of the MAI. Since then,there has been a growing public awareness of and public opposition to the MAL In December of 1998 the OECD announced that it had ceased MAI negotiations. Opponents of the MAI have expressed concern that the MAI negotiations may be reborn at the WTO Ministerial Conference in Seattle on November 30- December 3, 1999. How the MAI could affect the City of Salem Depending on what a final version provides, the MAI could impact the City of Salem as follows: 1. the city would not be able to discriminate against a foreign investor. For example, if the city did not want to allow a foreign investor to do business in Salem because of a foreign government's human rights violations, the city would not be able to discriminate against that foreign investor. Under the national treatment requirement, nations are required to treat foreign and domestic investors equally. 2. The city would not be able to use investment incentives as a tool to encourage companies to locate in Salem, or investment incentives could be limited. Page 3 of 4 10/01/99 FRI 11:57 FAX 1 503 961 2202 CITY LEGALAWNICIPAL COU 16004 3. If an investor chose to take a dispute with the city to court or to international arbitration, the city could face a large expenditure for legal defense. Action by Olher lurisdictions and Entities Copies of resolutions passed by some other jurisdictions and entities concerning the MAI are attached for comparison purposes. Exhibits 2 - 6. Staff has been unable to find any resolutions passed by other Oregon cities on the MAI. CONCLUSION: If the MAI is enacted in the form in which it existed as of April 28, 1998 (the last version of which staff is aware), it could adversely affect the city of Salem's ability to regulate business. However, as of December, 1998 MAI negotiations have ceased. No one knows when and if negotiations will resume on the MAI. Prepared by: Meuy Fuu Chao Law Clerk Attachments: Exhibit 1: Communication from Salem Chapter, Alliance for Democracy Exhibit 2: San Francisco Board of Supervisor's Opposition to Provisions of the Draft Multinational Agreement on Investment or Similar International Agreement Exhibit 3: City of Olympia's Opposition to Provisions of the Draft Multinational Agreement on Investment or Similar International Agreement Exhibit 4: Seattle City Council's Opposition to Provisions of the Draft Multinational Agreement on Investment or Similar International Agreement Exhibit 5: City of Berkeley's Resolution ,Opposing the Multinational Agreement on Investment Exhibit 6: City of Berkeley's Resolution Requesting that the United States Government Ensure that Certain Provisions Be Included in the Multinational Agreement on Investment if it is to be Ratified by the United States. G:\Group\LEGAL1\COunciM 004MIA.SK Page 4 of 4 lo/o5/99 TUE 09:00 FAX 541 858 5126 SEN. RON WYDEN — ORE 0002 98-569 E Updated February 2, 1999 CRS Report for Congress Received through the CRS Web The Multilateral Agreement on Investment: A Brief Analysis of the Current Status James K. Jackson Specialist in International Trade and Finance Economics Division Summary 'll Ik 4 �fl'il nl� - +NAG. tyl lr x�ti',x yr 4 h��x, x tl 4 1 4f� x WN^�� IG N IN� 1'' 1 � 714 ^� Iii a 5d I N r 1' 1• 1 1 1 � � � 1 N x411 1� � 11 F`II FI�'C 1 p "`� � •I� {x�l pllll'""1'u� hFNwl h. 1 liyp'� $�I. a'1 '; "Ilty, 4"JGCiu 1 1 7}, i, a I��`p4C J I.�a �ft�� PI I^ 'KG HIV• ��yl,e�A'h v 1 e 1 an'Y�l1ti�llsi'lil{I" 1"4 ,ty,mJ Iwa 4 r ly, 1 I hall 1 1,11, � 1 ILI,+III 14N M�. k nl�yll I w,• ty,i ' W 11 d JII IF it pll1i�I V I,���,II�1�,�`l'��'' 1 ,,�,�,� 1 1 y '�41''� � � �. .} x 1 uu j �pll� IP h+CV ��+V•�� + f�lryy,i�h � 13y1'�,�I ,11� � t'IN"Ixl 1 "^Ii '`1 N4i lq -0111 l i v`II�Kx'�IJ1111 I�' II JJJ`� I I I( IY �rll11 I, �+��},'•�'a. r I1{�{yy I H a�� �I lti'1; !Y1�� � F�-' 1 x111) I�y ,Ir E'�n 11"kY 111 � ' II' 1� M�H� h� 1V 1 •4 n�v� 1 ry � y In� I Y I N41 1 xMl N 4 � x� ' _'G �m � • {14 1 T t � '•1`:x � N•�1 ayne n 7�l,Y 4 1 xx 1 a I aX I ?4 n'a !I'F II I. 8A1 1'yykllllp�I 1 rtl 1 171M11 '}I��y' }�1 ^. ud y�l `I' f i 1 a i 1 `MI 'lll�,, 1`f {•' II ( j`Ilp�ll IW' Ip 4' y �r�IQ1 r` 1 17"& u'lYl�,l`11 �11 I� IIJr�II I ♦ 1!i�hll I` F1 ' I �1J) ggggg Aly/'1A1'gla�'yC,S,,'('�1dd1uu��ukii�"!,11�11.111 �Il lulla�iy✓JI Nnl�l i'+1 KIII�u�rgirly`1p'"�Idpu'.1,1�Ji II pn ,1�ih 11411, E!7rilll l;Ii.11l�I lNilul��Ill�� .1116.Ir� �':p� Y1Rllchh:411i1`x Ii�l„aA�C�uWlrl.kl ll ll!�III�Mni Q`III'IT�'ll�llh ll•Ijli H(ly�`,! r.l'dr..16 Overview The United States is the largest investor abroad and the largest recipient of foreign investment in the world. As a result, it potentially has the most to gain, or the most t o lose, from international investment agreements,depending on one's point of view. In th e case of the MAI,there have been two quite distinct points of view. One group has viewe d the MAI as a milestone development in international investment,while another group ha s characterized the MAI as an ill-conceived agreement that could have undermined nation 1 sovereignty and degraded workers' rights. This contrary viewpoint also argued that a n international investment agreement ultimately could have reduced national standards 'For additional information,see; CRS Report 97-469 E,Multilateral Agreement on Investment.' Implications for the United States, by James K. Jackson; and the MAI Internet address: [http://www.oced.org/daf/cmis/mai/maindex.htm]. Congressional Research Service* The Library of Conzress 10/05/99 TUB 09:03 FAX 541 858 5128 SEN. RON WYDEN - ORE 2003 CRS-2 affecting the environment and could have handed international corporations a largel y unchecked influence over international economic developments. Beginning in May 1995, OECD ministers negotiated over various principles o f international investment that eventually comp riled the MAI. The OECD ministers were attempting to build on the existing legal regime to create a strong and comprehensiv e international legal framework that could have reduc ed restrictions on foreign investment and expanded opportunities for firms seeking to invest abroad. This agreement wa s intended to be a stand-alone agreement and to be accessible to any country, developed,o r developing,that would have been willing to abide by its precepts. OECD members also sought to reduce barriers and discriminatory treatment of foreign direct investment and t o increase the legal security for investments and investors. To give this agreement som e teeth, the MAI was intended to be legally binding and to contain provisions for settling disputes. As a whole,the OECD favor;eliminating most ofthe national Hiles governing inwar d and outward direct investment,although OECD members want to retain exemptions for industries or sectors that individual countries deem to be important to their national security or of special national importance. Most OECD countries, including the United States, favor excluding some economic sectors from the standards of intentationa 1 investment agreements, although the United States wants the number of such exclusions kept small and the vast majority of sectors left open and accorded national, or unbiased, treatment. Existing Arrangements The MAI would not have been the only international accord on foreign investment. Multilateral and bilateral agreements date back to at least the 1960s. At the multilateral, or multi-nation,level,there are various arrangements the United States and other countrie s use to protect their investments abroad. One ty pe of arrangement is characterized by the treaties establishing the European Community and the North American Free Trad e Agreement (NAFTA). A second type of arrangement covers only foreign investment. This group includes the OECD Code of Liberalization of Capital Movements and the Cod e of Liberalization of Current Invisible Operations. Aside from these arrangements, th e OECD has issued two basic statements on foreign investment, The Declaration o n International Investment and Multinational Enterprises and the OECD Guidelines fo r Multinational Enterprises. The United States has also signed a large number of bilateral Friendship,Commerce, and Navigation treaties and bilateral, or nation-to-nation,investment treaties.' Bilateral investment treaties generally are established on the principles of most-favored-natio n (MFN), or non-discriminatory,treatment and national treatment for both the admissio n and the subsequent treatment of investments,but they include exceptions for industries or areas that are reserved for national security, or for other national objectives. 'OECD Investment Agreement Unlikely To Include Major Liberalization. Inside U.S. Trade, January 23, 1998,p. 1. 'For additional information,see: CRS Report 98-39 E,Foreign Investment Treaties:Impact on Direct Investment, by James K. Jackson. L0/05/99 TUE 09:03 FAX 541 858 5128 SEN. RON WYDEN - ORE 0 004 CRS-3 Scope of the MAI Despite various multilateral and bilateral arrangements, the Administration ha s supported the concept of a new comprehensive investment agreement because not all of these investment treaties contain provisions for settling disputes. Moreover, U.S. an d Other multinational firms still encounter barriers,discriminatory treatment, and legal and regulatory uncertainties abroad, despite the general trend toward reducing nation 1 restrictions on foreign investment. Also, the lack of a comprehensive agreement o n investment means that investors face different legal regimes across borders, whit h increases investors' uncertainties and hampers the flow of investment fiords. Som e negotiators also apparently believed the MAI could have spurred the development of an up-to-date set of international rules that was intended to bu ild on and reform the existing set of international principles. Unresolved Issues Over the course of their negotiations on the MAI,OECD Ministers grew increasingl y divided over various provisions, which ultimately undermined the negotiations. Citizen and consumer groups also raised a chorus of concerns over various provisions in the draf t MAI agreement and used the rapidly expanding communications afforded by the Internet to band together and to persuade key negotiators and legislators in Canada, the Unite d States, France, and other countries in Europe to back away from the draft agreement. Political involvement by non-government groups, or NGOs, in international economi c issues is not unprecedented, although their opposition to the MAI seems to have bee n particularly intense. In part,this opposition was driven by concerns over the increase d trade and financial ties that are developing among nations, or the phenomenon o f globalization. Also,since a number of international trade agreements,including the Worl d Trade Organization (WTO) and the NAFTA, incorporate such issues as intellectua 1 property rights, services, and investments, some of the NGOs argued that the wall ha s been breached to address consumer-oriented issues as well in international negotiations. OECD members remained divided over a number of other provisions of th e Agreement that undermined prospects for a settlement. Issues of greatest concern involved technical legal questions, and only indirectly involved economic issues of th e perceived costs and benefits of joining an international agreement on investment. Withi n the United States, U.S. negotiators backed away from the draft MAI agreement for a number of reasons,including:uncertainty over the impact the dispute resolution process and the definition of"national.treatment"would have had on state and local governments, and concern over the way the MAI would have incorporated the Helms-Burton Act,whit h prohibits investing in expropriated property.' National Treatment. One objective the negotiators had in drafting the M AI was to create a legal regime that would provide similar and fair treatment for investors acros s national borders. As a result, the MAI would have required the signatory countries t o apply "national treatment" and MFN treatment, similar to the fundamental obligation s nations adhere to in bilateral investment treaties and in such treaties as NAFTA. Within the context of the MAI,the definitions of national treatment and MFN treatmen t are that: 'US Still Engaged in MAI Exercise. Washington Trade Daily, March 6, 1998, p. 3. 10/05/99 TUE 09:05 FAX 541 858 5126 SEN. RON WYDEN - ORE 00,35 CRS4 the parties to the MAI will treat foreign investors no less favorably than they treat their own investors (national treatment); and the parties will not discriminate among th e investors or investments of different MAI parties(MFN treatment).3 Some critics argued that this definition harbored vast numbers of potential legal problems for state and local governments which could have faced suits from foreign firms that object to state consumer and environmental legislation and nation-to-nation disputes that involve economic sanctions. Some critics contended that applying the standard of national treatment woul d have challenged the current practice by state and local governments of discriminatin g between firms based on their environmental,labor,and other corporate practices, thereby sharply curtailing the ability of these jurisdictions to exercise control over events within their own borders. These and similar consumer concerns gained wide-spread exposur e through the Internet and coalesced around a lobby of non-government organizations against the Agreement. Opponents' concerns appeared to be heightened . by th e perception that the Agreement was being negotiated in"secret,"although nation-to-natio n trade and investment agreements often are negotiated behind closed doors until th e agreement is submitted to Congress. Dispute Resolution. Dispute resolution procedures in the Agreement raised concer n among some U.S.critics of the MAI. According to the draft MAI agreement,the dispute resolution process would have covered both government-government and investor- government disputes. While nearly all parties recognize the need for an est ablished legal process to resolve state-state disputes,opinions are fragmented and contradictory over th e need,advisability,and legal implications of adopting a formal process to resolve investor- state disputes. For instance, some critics argued that the dispute resolution proces s protected the rights of multinational firms,but offered no protection,or even a role for, consumers and citizens. They believed the MAI process could have forced state and local governments to face firms in legal proceedings in unfriendly international arbitral tribunal s over state set-aside programs for minority groups or targeted economic programs, or even over zoning changes which could be challenged as"expropriation." Although some critics disagreed with the procedures outlined in the MAI draft for resolving disputes, many of the methods are currently in use. For one, the MA I encouraged the parties involved in a dispute to settle the dispute by negotiation o r consultation. If this approached failed, an investor could have sought a resolution b y referring to: "any competent courts or tribunals of the Contracting Party";"in accordance with any dispute settlement process agreed upon prior to the dispute arising";' or by arbitration under the ICSID'(International Convention on the Settlement of Investment 'Defmitions are taken from the MAI site on the World Wide Web: www.oecd.org/daf/cmis/mai/fagmai.htm. A copy of a draft version of the MAI agreement is available at: [htp://www.dfait-maeci.ga.ca/english/trade/may_l997-e.htm]. 'Multilateral Agreement on Investment: Consolidated Text, p. 65. 'ICSID was created in 1966 specifically to facilitate the settlement of investment disputes between governments and foreign investors. It is an autonomous international organization,but it operates under the auspices of the World Bank. By agreeing to ICSID arbitration, investors cannot bring suit against a government in a non-ICS1D forum. For additional information, see the ICSID site on the World Wide Web at: [http://www.worldbank.oro. lo/o5/99 TUB 09:05 FAX 541 858 5126 SEN. RON WYDEN - ORE 0 006 CRS-5 Disputes) Convention,the UNCITRAL8 (United Nations Commission on International Trade Law) rules of arbitration, or the International Chamber of Commerce Rules o f Arbitration.' National Exceptions. A major sticking point between the United States and European members was the number and types of excep tions other OECD members were requesting from the Agreement` U.S.negotiators pushed to allow only those exceptions which are based on specific government laws and regulations, while European countries leaned towards exceptions for entire sectors of their economies. 11 The European Commission pressed for an exemption for regional economic integration organization s (REIO)that would have allowed European Union(EU)governments to retain preferentia 1 treatment for other EU members if the policies had been part of the EU's integratio n program. In rum,the United States requested an exemption for government pro curement policies and for subsidies. Canada and France also requested broad exemptions for cultural issues. This stance, in particular,caused other OECD members to believe the agreement that was emerging was a retreat from rather than an improvement on,the current system. Canada and some of the EU members wanted the whole issue of investment taken up by the WTO,rather than by the OECD,so that developing countries could participate fully in the negotiations. U.S. negotiators opposed this move,because they believe that it would have reopened th e Agreement for negotiation,thereby jeopardizing agreements reached at that point,and that it would have placed the Agreement in the even more unwieldy WTO (where it likely is now headed),where disagreements between developed and developing counties would have added to the unresolved issues between the developed countries. " Extraterritoriality, or The Helms-Burton Act. Some opponents of the MAI expressed concern that the Agreement would have allowed foreigners to challenge U.S. foreign policy goals that rely on economic sanctions. In particular,they argued that the MAI could have prevented the United States from adopting such legislation as the C uban Liberty and Democratic Solidarity Act of 1996(P.L. 104-114),commonly referred as the Helms-Burton Act after the law's two major sponsors. The Helms-Burton Act includes a provision that holds liable for monetary damages in U.S. federal court any person o r government that traffics in U.S. property confiscated by the Cuban government. (Th e BUNCITRAL was created in 1966 to harmonize and unify the law on international trade and has come to form the core legal body of the United Nations on international trade law. For information, see the World Wide Web site: [http://www.un.or.attuncitraYl. 'Me International Court of Arbitration of the International Chamber of Commerce was created in 1923 and pioneered much of what currently is known as international commercial arbitration. In 1997,452 new requests for arbitration were filed with the ICC,concerning 1,290 parties from over 100 different countries. For information see the World Wide Web site: [http://www.iccwbo.orgl- 10Larsen Hints at Possible Delay in Finalizing OECD Investment Pact. Inside U.S. Trade,March 14, 1997, p. 12. "U.S.Pressing To Delay Conclusion of OECD Investment Pact to May 1998. Inside U.S. Trade, April 4, 1997,p. 7. 12MAI Down but not Out The Globe and Mail, May 19, 1998. From Internet address: [http://www.theglobeandmail.com/ . 10/05/99 TUE 09:06 FAX 541 858 5126 SEN. RON WYDEN - ORE la e07 CRS-6 right.to sue under this provision, however, has been suspended.) The law also ban s foreign executives from the United States if their companies traffic in expropriated former U.S. property in Cuba Canada and European Union members strongly oppose the la w because they believe it is an extraterritorial application of U.S. law. In late May, the United States and the European Union announced that they ha d reached an agreement on the Helms-Burton Act." Under the terms of the agreement,the Administration reportedly will submit a legislative proposal to Congress that would amend the Helms-Burton Act to allow the President, at his discretion,to grant waivers to the Ac t to EU members who have signed onto expropriation guidelines that would have bee n attached to the MAT. In return, the EU signatories would deter new investments i n illegally expropriated properties around the world, The two sides agreed to set up a n international registry of cases of expropriation, including the nearly 4,000 cases o f expropriation in Cuba. The outcome of any Administration proposal to Congress, however, is uncertain. Conclusions The MAI likely would have offered both costs and benefits. On the benefit side, an internationally agreed upon set of investment rules potentially could reduce some of the confusion and uncertainty U.S. firms face as they invest overseas. Such an agreemen t likely would help U.S.firms that are investing in both developed and developing countrie s and would aid them in gaining access to markets abroad. While these actions likely will not boost U.S.employment in the short run,they may help sustain,or even enhance, U.S . wages and incomes. On the cost side, an international investment agreement could stalemate furthe r progress toward reducing national restrictions and controls by setting in place a status quo that could become entrenched in practice and less subject to change than the presen t situation. An investment agreement among the deve loped countries could further add to existing tensions between the developed and the developing economies over foreig n investment. Many of the developing countries often view international investment agreements as protective measures established by the richest economies (the OEC D members) to preserve their economic status relative to the developing economies b y limiting the amount of investment that flows to those economies_ Furthermore , domestically,states and localities might face a set of requirements that they are unw illing to assume,which could lead to the defeat of an agreement. These issues likely will surface more fully if the WTO addresses,as expected in the year 2000,the issue of an intemationa 1 investment agreement "Administration To Offer Hehns-Burton Change Soon. Washington Trade Daily, June 2, 1 998, p. 3. City Council Communication Administration Reimbursement Policy November 2, 1999 Submitted by: Mike Freeman Title: City Council reimbursement resolution. Synopsis: In 1991, the City Council adopted a policy regarding travel and reimbursement for Mayor and City Council training and business expenses. This policy has not been followed over the years and is out of date. Attached is a draft policy for the City Council to consider. Recommendation: Based on comments from the City Council, the attached resolution was modified from the original to differentiate between training,business expenses and how the Council is reimbursed. Staff recommends approval of the attached resolution. Background Information: The City Council has an outdated and not used reimbursement policy from the early 1990's that needs to be updated. City Council asked the staff to develop a proposed new training and reimbursement policy which has been discussed at an earlier Council meeting. RESOLUTION NO. 99- A RESOLUTION ESTABLISHING A TRAINING, TRAVEL AND BUSINESS EXPENSES REIMBURSEMENT POLICY FOR THE MAYOR AND CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: It is beneficial for the City to provide the Mayor and City Council with training and educational opportunities regarding municipal government matters. In addition, the Mayor and City Council are often expected to represent the City in varying capacities for which the City should reimburse them for their travel, accommodation and other expenses. SECTION 1. TRAINING: Annually, the Mayor and City Council shall develop and authorize a training budget through the budgeting process. The Mayor and Council shall not exceed the annual training budget in the fiscal year without prior approval by the majority of the City Council. 1. The Mayor or Council may wish to seek training on specific issues related to municipal government management such as Budget Law, Land Use Law, telecommunications, public safety, leadership training etc. Generally, this type of training should be budgeted for in the annual budget process. However, this type of training may be approved by the City Administrator provided the Mayor and City Council have sufficient funds in their training budget to accommodate the expense. If the Mayor or City Council wish to attend a training session that will exceed the annual budget, that requires the approval of the majority of the City Council. SECTION 2. BUSINESS EXPENSES: Annually, the Mayor and City Council shall develop and authorize a budget to cover business expenses of the Council. The Mayor and City Council shall be reimbursed for routine business expenses related to representing the City. 1. The Mayor or Council may represent the City in any number of capacities for which the City will pay for the participation. This may include such organizations as the League of Oregon Cities or National League of Cities, Bonneville Power Administration, etc. The Mayor or City Council may participate in these types of activities and have their expenses reimbursed without specific approval by the City Council. The City Administrator will review all such reimbursements for the Mayor and Council to determine if it meets City policy. SECTION 3. REIMBURSEMENT: The City shall reimburse the Mayor and City Council in accordance with adopted City policies and IRS regulations. Generally, PAGE 1-RESOLUTION(FAUSERWI(BWORD FILES\COUNCIL COMMUNICATIONS\RESOLUTION COUNCIL REIMBURSEMENT.DOC( the Mayor and Council shall receive reimbursement for: mileage, meals, business phone calls, airfare, taxis, rental cars, registration costs and other business expenses related to costs for approved training, or business expenses relating to representation of the City. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION(FAUSERU9KE\WORD FILES\COUNCIL COMMUNICATIONS\RESOLUTION COUNCIL REIMBURSEMENT.DOC)