HomeMy WebLinkAbout2014-0529 Exhibits Submitted at Mtg
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City of-Ashls:rd -
PlmningExhibit R CEIVED
JExhitiE# Claw
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Dear Ashland City Council, PA 3 4913-0/~_ AY 2 8 2014
EDatr~~Staff_~'
I have researched Oregon Statues and State Goals, as well as City of Ashland Municipal
Codes. I have the following concerns and questions regarding the Normal Neighborhood
Plan as presented to the Ashland City Council for its review. Please scrutinize the plan
before making an accurate and informed decision.
Thanks,
Sue DeMarinis
URBANIZATION Issues
Page 1. A. Capital
improvements
According to Oregon State Goal #14 (Urbanization) Guidelines, Sections B.2, B.4 & B.5,
"local land use controls and ordinances should be mutually adopted to integrate the timing
and location of public transportation facilities (i.e., highways, bicycle & pedestrian
improvements) to support urban expansion and accommodate increased public demand.
Additional methods for guiding urban land use should include capital improvement
programming".
Has the City of Ashland evidenced its intent to provide urban services for this land,
identified inside the UGB, by adopting a capital improvement plan reasonably designed to
provide the urban services according to ORS 197.754 (1)? Where is it specifically stated in
the City's Capital Improvement Plan to address the upgrading/urbanization of E. Main St
(between Walker and Clay Streets) and the private Railroad crossing (next to Hunter Park)
necessary for the urban expansion of the Normal Neighborhood Plan?
In reference to the private railroad crossing at the south end of the NNP, has the City
followed ORS 197.794, section (3), which requires that notice be provided to the Dept. of
Transportation and the railroad company whenever the decision maker has an application
for a land use decision where a railroad crossing provides the only access to such land?
Where is the document from CORP Railroad Company which outlines the process and cost of
upgrading this crossing from a private to public use? The City Public Works Director
proposes this upgrade won't be a problem, but where are the written details and agreement
from CORP so they can be incorporated into a Capital Improvement Plan?
In speaking with Mike Kuntz, Jackson County engineer (March 13,2014), he stated that all
of E. Main St., 175' east of Walker Ave., is under county jurisdiction. They are responsible
for road maintenance and repair. However, since the road is in the City of Ashland UGB,
Ashland can control speed & stop signs. He said either party can spend money to improve
the road, but the county has no intention of doing so. Nor was he aware of the City's plan
for NNP or any potential improvements to be made to E. Main Street. How can the NNP
even be designed without consulting the adjacent county departments for their input? This
directly contradicts ORS 197.754 (2) which requires that land inside the UGB shall
coordinate with the appropriate county to zone the area for urban uses.
Page 2. B. Water Resources
Goal #14 Guidelines, Section A.3, states that "urbanization plans should consider as to a
MAJOR determinant the carrying capacity of the land and water resources of the planning
area. The land conservation and development actions provided for by such plans should not
exceed the carrying capacity of such resources".
After the May 20, 2014 City Council decision, approving water user's tax increase to
improve the existing water supplies /treatment plant so the City can continue to meet the
current water demands, how can such an increased density of development zoned in the
NNP not exceed the carrying capacity of our water resource? The design of such density for
the NNP contradicts Ashland Municipal Code 18.106.030 (D) for Annexation Approval
Standards where adequate City facilities for provision of water to the site will be provided to
and throughout the subject property UNLESS the City has declared a moratorium based on
the shortage of water and that adequate capacity exists for these facilities. The May 1,
2014 City of Ashland Water Curtailment notice already outlines how the current water use in
Ashland exceeds the amount flowing into Reeder Reservoir. How is there an adequate
capacity for such an increase in urban population?
Within the NNP, there is the largest water resource identified (State Designated Wetland#9)
on the City of Ashland Water Resources Map. This ground water resource, as well as the
surface water creek resources, and all their buffer zones, supply consistent aquifer recharge
for existing residential wells, hold temporary seasonal flood waters from damaging
downstream properties, and provide water for neighboring surface agriculture.
ORS 197.283 (1) assures protection of ground water resources consistent with the State
Goal set forth in ORS 468B.155 to prevent ground water contamination while striving to
conserve and restore the ground water resource and maintain the high quality of Oregon's
ground water resource for present and future uses. Section (2) of this same code assures
that any information contained in the comp plan pertaining to ground water resource shall
be forwarded to the centralized repository established under ORS 468B.167.
Where is the long-term management plan for these Water Resource Protection Zones as
required when zoned for higher density than SFR? If the density of the adjacent
residentially zoned lots are occupied by ONLY single family dwelling units, then there is less
impact to these zones and no management plan is required (AMC 18.63.070.D6). What
happens to these identified "significant" water resources when they are adjacent to higher
density than SFR which will greater compact and disturb lands (e.g. increased construction
run-off of concrete contamination, have more contact with impervious surfaces, greater loss
of native vegetation and erosion)? Or, worse yet, what if the resource is able to be
mitigated (how can an accurate professional delineation be done in a year that has been
identified as a "drought"?), or have density bonuses transferred to adjoining parcels? Has a
the City notified the Dept. of State Lands, in charge of the Statewide Wetlands Inventory,
with the comp plan map or zoning amendments for permits for this specific property to have
trails and alleys through it, according to ORS 227.350.5 and AMC 18.63.020 (B)?
Page 3. C. Livability
Goal #14 Guidelines, Section A.4, specifically outlines that comprehensive plans and
implementing measures for land inside UGB's should encourage the efficient use of land and
the development of LIVABLE communities.
For all residential annexations, a plan shall be provided with at least 25 % of affordable
units (AMC 18.106.030 G1 & 2). A sufficient amount of buildable land for development can
transfer to a non-profit affordable housing developer to build SINGLE FAMILY homes for low
income families to rent or buy using programs like Section 502 Mutual Self-Help Housing
Loan program, Habitat for Humanity, ACCESS, Inc., Ashland Community Land Trust, &
Rogue Valley Community Development Corporation. More low cost, owner involved, quality
single family homes can therefore be interspersed within the NNP. These housing types
would be in character with NN-01 zoning. In fact, some of these affordable homes can be
classified in the (MFR-D) multi-family DETACHED, or cottage housing classifications, to
achieve density bonuses (maximum of 4-6 dwellings/acre) which are more compatible with
the existing neighborhoods, as in the Meadowbrook Subdivision.
Affordable housing need not be defined as only (MFR) multi-family attached classification,
thereby reducing the need for so much higher density zoning in NN-02. Cottage Housing,
which is incorporated in the NNP design, is designated in the November 2013 Unified Land
Use Ordinance (ULUO) as "single story, one and one-half story, or single story plus a loft.
Building height of all structures shall not exceed 18'. The highest point of a pitched roof
may extend up to 25' at the ridge of the roof." A last minute Planning Comm. modification
allows, with a CUP, an increase of building height to 40' to "give the developers a little more
flexibility in design". Why is this NNP building height inconsistent with existing residential
standards throughout the City and directly contradicting the Ashland Municipal Code
18.22.040, which limits all buildings to 35' and 2.5 stories?
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slowly stacke''d~up around upporC cohunns raising,the;fdanger Lhatythe ~nd'ge mtght',col
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jam. wit, watershed "landsagle PomtEndangereds
City,crews claa'cedKtheilam Viand ,~No th f A"sg land »m thei.Eagle '
thek:;creek wasrtinnmgc well yyPotnt area~'•r~BUttel Creek.`was
% atrnoup[Y rtsmg and~threte~rug"'to flwd
withm' 6
Numerous,Vlawns .p'astures homes along'dbothistdes ofr~thP ,
AandAsmall trtb to treams alldv 'Stream Th ctt;y s droaste :unit y
brooksauwerc~,Vlooded iSeveral, f wasr<standtng by (should fievacu
ahunfted F"livestocl a,,;son-werei{ a ion b"e necessary "I'.~ k ,,F
stranded- on rvartous3;I,pakbres` ,3ASCrvtl,defense emergency ra .t
throughout the'earea fdco Fnetf,hast;been egtablishe.l,l_
.4' Sanitation;department person throtighoutx+rthe •aennre,,jcounty
nel,`warned that 6itg':wker md>Grants Pass in 7osephtn-,
would be a bct`i`muddy°tomght
but,:.that there,'L~was 'no.danger y~'ACCOrdmg _to' a c`late 'report:
of 'contammation s The water, Is on, streams~athree morerfeet- of
puretabut muddy,+' c tanseK of )he (Rogue ,Alter.%zwdl
:Several' ow,er` outa es i also ' ford'e"'tthat`~I"commumt r tok'veva
occured,`,1'a syncghtand4today~c ~a:fccuateHxY}A," ;~iY.Yi x5't`"t
'-Yesterday moi•nmg'~o aup'atch ,F, Ttie35rtve'7reporta satd~thatrn
ed:+htgh voltage'>gl, ndti)tq,~hn s era Rogue is"a„clue, to^wc est~Tatr;.
ater, to~flood ,<r,eight .feet~,tiyM6 pm;~Mday,at€'
leaked allowtng?`pw-01
.Is transtotmer,.vaultaatEjSou[hen~ DOdge}Bndgem~ltjshouldsccest~a[ _
^O,regon College:,The vari.l,~ near r'Gold-cRay°I)am,at r17 eet~tbyw'
lhemew Cascade Commons"reon y ,y p;m and,ataGrants~ P4ass(19r_
:twined +1° 000 ,;,volt1,}rswrtbhmgsrMeet) at midnight i'` S r e?
u99ticpment,Cu ~rews`i•.esWr k •I).odge'Bndge~tlood~stage is>
ge-
ed, n„ r
ed:aetwtce.„by noon=', toN`fiomes i-,+ntner feet 'ybanl[ stage1`: s tstx;;~ -
south of \fodntam Avenue the tandtfin'od.stage at Grants, Pass,.
affected area.,' pats„.22 feet
" PP&L`eGtne Out2; +r Ashland Uly ~Adn-imstr -tor Ro
.Paccfcc:Power andiLight.',Cn j`betA'Ayrepsked"an:-resident;._
personnel swere •htkingtrabove +in>trouble4`fcom'.lne'`watercto•
EmigranCLgke,~todaytto7,repatr 'tall cny halltfor assfs[ance Hr~
V:power Ime'iha[ segvies.cun"also asked`4hat~persotSs~?;be',pa';t~
mdmtteso-alongrHtghwayr99,;Southtiertt and thal!.uty~crews~woulds;:
to'ythe summtf of ,the ~Sryskryous get lto the particular areap as.
aud' oldacteifate1ltghw,.?y6F { oon as,.pos3ible
,Power.waseteported oufat the ' ` '
Mti 'Mhland'',skt area.-.
A minnr`'lanilslwe~fjustlbelow
Calliahan. s, Sisktyou} I :odge `.was.
cleared ;this':.mgrning--`,by state
highway;department crews,6m;-
w•ay traffic was necessary foal
nearly an hour.,whde the dlrtr
was shoved aside
A ;1IIk„sookesmani{.reported`
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Mail Tribune /Jim Craven
Looking at previous floods is the easiest way to see how - and where - the next.flood likely will happen.The Nauvoo
Mobile Estates, above, situated-on the banks of Bear Creek one mile north of Ashland, flooded.in 1964 (when it was called
Alder Park Estates) and again m' 1997.The arrow on M"i tree points to the water level du`r`ing`th"e most recent flood.
t„
~~orr,\QriC~2i>~ T} 1. '6 4 I~ 66'
0 ~.i SOH SISOKIBOA BCp LIBRARY
1 ASHLAND ULEVARD
OREGON 97520
It could. ham U en again
VP
4 N+ ! 6 ,1 5
Lost Creek and Applegate dams The '64 flood:
only protect a small part of the I ~'x A three-day
series
Rogue River Basin, say experts Sunday: Forty
By BILL KETTLER years later,
Mail Tribune - a memories of the
W hat does it take to flood the widespread
Rogue River? When will its E damage remain
flood again?. vivid.
The questions inevitably surface r rw ♦ Today: The
same recipe would
after every episode of high water. r
Looking at previous floods is the i cause another big
flood: heavy rain,
easiest way to see how the next one deep snow, more
I probably will happen. Time aftertime, p- rain.
J Mother Nature uses the same recipe - ♦ Tuesday: The
rain, snow and then more rain-with future of flood
only minor variations in the Photo from the Southern Oregon Historical society control could lie in
ingredients. This is the same site in the '64 flood as in the photo at top. your neighborhood.
The recipe looks simple. Start with heavy
rain. Add deep snow in the mountains. Mix "We don't see those flood conditions year in and year out,
in warm rain that melts the snow. Stand n
back and watch the river rise. but when they, come together it's like a perfect storm.
see FLOOD, Page 12A Jim Buck, manager of U.S. Army Corps of Engineers dams at Lost Creek and Applegate lakes
ily Of AShiHad
anninv Exhibit
EXl;ibi'; #
PA
~'``t - to
Page 1A Basin. The two that wcrebuiIt,
But it's more complex than it We donY know when Lost Creek (IW7) and Applegate
looks. How long it rains, how its (1980), give water managers the
much it snows and where the going to happen again, but ability to reduce the magnitude
temperature goes will from the historical record, of a flood, but they offer only
determine whether the Rogue limited protection because they
we }mow it will. intercept the water in only a
surges out of its banks in an angry brown tide or runs clear » small portion of the basin's 5,000
and cold down to the sea. Eric Dittmer, square miles.
Floods don't happen often. SOU di. o.otemimn tdsmdl Just 13 percent of the basin
There have been just five major I ies upstream from the dam at
ones (in 1961, Lost Creek, and a mere4
and 1964) since Europeans environmental studies at percent upstream from the
came to Southern Oregon. The Southern Oregon University. Applegate dam. Many of the
most recent high water, in Temperature becomes a Rogue's largest tributaries,
January 1997, was minor in factor in the flood recipe when such as Big Butte Creek and
comparison. snow enters the mix. Evans Creek, pour into the river
"We don't see those flood Meteorologists describe winter. belowthedam.
conditions year in and year out, storms as "warm" or "cold" "On all those downstream
butwhenthey come together it's depending ontheirorigins. tributarieswehaveno
like a perfect storm," says Jim Cold storms develop in the icy influence at all," says Buck, of
Buck, who manages theU.S. northern Pacific Ocean; warm the Army Corps of Engineers.
Army Corps of Engineers dams storms, in the balmy southern "The further we go
at Lost Creek and Applegate Pacific. Cold air holds less downstream (from the dams) the
lakes. moisture than warm air, so cold less influence (on flood levels)
Rain starts the cycle, says Bill storms tend to have relatively we have."
Ludwig, a hydrologist for the less rain and snow than warm Thed.ams shave the peak off
National WeatherServicein storms. high water. For a 10-year flood.
Medford. Steady rain over a Cold storms push freezing (one that could happen, on
- period of several days saturates levels down and tiring snow to,:. average, once in 10 years), the
the soil until, like a wet sponge_ the valley floor. Wai•m`storms, dam at host Creek can reduce
it can't absorb any more water. raise freezing levels and snow the maximum flowsby20
"One of the main factors (that melts. If the melting happens percent at Grants Pass. For a 50-
determines whether a fl ood will quickly, under an assault of year flood, the dam can reduce
happen) is soil moisture," warm rain, there's j ust that high water flowsby22pereent.
Ludwig says. much more water hurrying Cities build storm drains to
If the soil is soaked, every down creeks toward the Rogue. sluice away rain water, but the
drop of rain rolls downhill to At higher elevations, the costs of construction limit their
.
the nearest stream. If there's a snow depth may fluctuate abilitytohandle large volumes
break in therain,thesoithas dramatically if a warm storm of water that come with major
time to'draingradually, and blows in right behind a cold floods. Medford, for example,
streams recede. one. In 1964, for example, Crater builds storm drains to handle a
It takes a lot of rain to soak Lake received 18 inches of new one-day, 25-year storm, says
dry soil. Ludwig notes that snow between Dec. 19 and 20, Cory Crebbin, the city's public
several inches of rain fell over and the snow depth jumped . works director.
most ofJackson County during from 72 inches to90inches. "Everybody's comfortable
the first few days of December Rain continued to fall on Dec. with that (system)," he says,
this year, but there was no 21 and 22, but the freezing level "until itfloods. "
flooding because the soil was soared above 9,000 feet, and by To design a system to handle
dry after weeks of meager rain. Dec. 23 the snow level at Crater larger flows would be
In December 1964, rain fell Lake had plummeted to 68 "prohibitively expensive," he
almost every day for a couple of inches. says.
weeks before the flood, Ludwig The same sequence occurred Crebbin says high water will
_ recalls. Soils were saturated, at the end of December in 1996. return someday when
° just as they were in December Cold storms piled the snow in conditions are right. Two major
1996 when big storms rolled the mountains, and then warm floods occurred just nine years
across Southern Oregon in the rain melted it. Soils that had apart (1,955 and 1964), but 32
final days of the year. been saturated by earlier rains years passed before the next
Along with steady rain, snow couldn't absorb the runoff real high water.
plays a criticalrole in the "Every drop that fell had to "We don't know when it's
Rogue Valleys big floods. As a run," was the way Hollie going to happen again," he says,
general rule, Ludwig says, Cannon, the manager of the "but from the historical record,
there's an inch of rain in every Talent Irrigation District, we know itwill."
70inchesofsnowinthe described what happened on Want to know where the water
Southern Cascades. Steady New Year' s Day 1997, when will go? Find out where it went
warm rain can melt fresh, airy Ashland residents during the last flood, Dittmer
snow in hours, pushing huge rediscovered why Water Street says. "Places that flooded once
volumes of water toward the had its name. will flood again."
valley floor Long before the high water of
"The more (air) space in snow, 1964, Rogue Valley residents Reach reporter Bill Kettler
the more rain will melt it," says had asked Congress for flood at 7764492, ore-mail
Eric Dittmer, director of control dams in the Rogue bkettler@mailtribune.eom