HomeMy WebLinkAbout1996-0806 REG MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 6, 1996
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Thompson and Wheeldon were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of July 16, 1996 were accepted as amended with a
change on page 7 first sentence, "charger" should be "charter".
Mayor Golden gave brief introduction of Greg Scoles, new Assistant City Administrator.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees.
2. Monthly departmental reports for June and July 1996.
3. City Administrator's Monthly Report - July, 1996.
4. Appeal from a decision of the Planning Commission regarding amendment to
conditions governing Audubon Subdivision on Orange Street (set date for Public
Hearing for August 20 at 7:00 p.m.).
5. Memo from City Recorder Barbara Christensen regarding status of initiative ballot
measures.
6. Approval of liquor license for Caldera Brewing Company at 2805 East Main Street.
7. Letter from ODOT regarding status of North Main/Siskiyou preservation overlay
project and bikeway widening proposal.
Councilor Hagen requested that items #5 and #7 be pulled and placed under New &
Miscellaneous Business. Councilor Thompson requested that item #3 be pulled and placed
under New & Miscellaneous Business. Mayor Golden noted her appreciation of the
comments made in item #1, Brice Farwell's comments in the Ad Hoc Citizen's
Communication Committee minutes.
Councilors Hauck/Hagen m/s to approve consent agenda items #1, #2, #4 and #6. Voice
vote: all AYES. Motion passed.
PUBLIC FORUM
Ron Roth/6950 Old Hwy 99S/Spoke regarding traffic on A Street. Because of the
continued commercial development there has been an increase of traffic on A Street. He
noted that of the last three out four near accidents he has had have occurred on a tiny short
section of A Street between Oak Street and Third Street. He feels the problem is because of
failure to plan on the side of the City. He does not feel the street is wide enough to have
Council Meeting 8-06-96 1
parking on both sides. He requested that there be an public hearing to talk about the traffic
and parking situation on A Street.
Mayor Golden suggested that this be put on as a topic for a council study session or side bar
issue. Councilor Laws suggested that this be referred to the Traffic Safety Commission.
Mayor invited Mr. Roth to meet with her and discuss the problem.
Robert Connard/570 Nyla Lane/Spoke regarding community communication and how
citizens could have more input to the council. He had recently sent correspondence to
Mayor and Council and had no response to his letter or cooperation. He asked what the
policy of council was on replying of correspondence.
Mayor Golden explained that if on the bottom of letter says "cc: ", it indicates that the letter
is only a copy for information and is not normally responded to. Whomever the letter is
addressed to directly, is whom normally would respond.
Councilor Laws explained to Mr. Connard that there is a Citizen's Communication
Committee who are trying to develop better means of written communication between
citizens and council.
Mr. Connard complained that the municipal code is being selectively enforced. This is in
regards to a hedge that is in violation of city code.
Daniel Rueff/525 Lit Way/Spoke regarding cutting down of blackberry bushes that were
possibly cut down by the Fire Department which they did not clean up. Fire Chief Woodley
responded that he would check into the matter.
Questioned council as to whether they felt there was discrimination based on the fact that
working people may not have the opportunity to become a councilman or mayor because of
financial status. Council shared their views on this matter.
PUBLIC HEARINGS
1. Proposed withdrawal of recently annexed !and from Jackson County Fire District
No. 5 (ACCESS Annexation).
PUBLIC HEARING OPEN: 7:31 p.m.
PUBLIC HEARING CLOSED: 7:31 p.m.
Councilor Thompson didn't feel that this annexation met the criteria for adequate
transportation.
2. Appeal of a decision of the Planning Commission approving P.A.#96-047, an
Outline and Final Plan for a six-lot subdivision under the Performance Standards
Option located at 1452 Oregon Street (Applicant: Evan Archerd).
Mayor Golden read procedure for Land Use Hearings.
Council Meeting 8-06-96 2
PUBLIC HEARING OPEN: 7:35 p.m.
Site Visits and Ex Parte Contacts
Councilors Thompson, Wheeldon, Hagen, Hauck, Reid and Laws reported site visits.
Councilors Wheeldon spoke to Dorothy Smith; Councilor Hagen spoke to applicant and Ellis
Wilson.
Staff Report
Planning Director John McLaughlin presented criteria for outline plan approval. The request
is for a six-lot subdivision. Access to subdivision was explained. He felt that the issue
surrounding this development is because it is in an established neighborhood. It is also the
best definition of infill. The applicant is proposing that there be a area of common open
space along the east side of the property and that there be a walkway that connects the two
streets. A public easement is to be granted for this access that will connect and be a short-
cut in mid-block for the development. Many of the trees will be retained in the open space
area.
This action was reviewed by the Planning Commission in two meetings. After the first
meeting on the six lot proposal the commission came to a tie vote. One of the members had
agreed to change their vote to either deny the project or send it back for re-design and reduce
the number of lots. The applicant agreed to a continuance and the commission granted that
request for re-design. The applicant came before the commission again with a five lot
design, however, also maintained that the six lot design was their preferable option and
requested the commission to act on the six lot request rather than the five lot design. The
Planning Commission granted that request and approved the six lot design.
The commission believed that the benefits of the six lot design were in maintaining a
common open space area around the trees, open space to meet density requirements, which is
a density bonus issue. Additionally, public pedestrian/bicycle access across the property was
an amenity for the site.
McLaughlin commented on an additional issue involving calculation of open space and
access. He noted the applicants design for the open space and staffs' opinion that the
hatched area did not qualify for open space but only that a smaller piece near the center of
the project met the open space requirement. Two lots off of Oregon Street are accessed by a
flag drive and three lots are accessed by Windsor Street off a private drive. There is not a
public street connecting through these properties.
Staff believed the Planning Commission approved this design believing it had adequate
transportation as defined for automotive access. McLaughlin discussed with council the main
issues of open space requirements and access to the subdivision. The proposed open space
and walkway offered multiple benefits not normally seen in proposals. It provides a gentle
sloped area for active use, while offering a visual amenity preserving a continues pocket of
green space with large mature trees.
Council Meeting 8-06-96 3
Councilor Reid clarified that there would be standards that these homeowners would have to
meet on maintenance of private drives. That the city would be able to enforce the
homeowners to maintain accessibility for emergency vehicles. McLaughlin explained that in
the initial agreements of the property, these drives are also considered fire lanes under city
ordinance.
McLaughlin explained that there is no provision in our ordinances for developing an alley to
allow lots to be created off of it. Alleys only occur now off of flag drives and private
drives.
Councilor Wheeldon questioned under the performance standards, if the open space is not
meant to allow increased density. McLaughlin agreed and explained that it is specifically
allowed as one of the ways to gain a density bonus. To take areas which could generally be
used for development, as in removing trees and allowing it to be part of the lot or for
development and preserving that as specific site on the project.
McLaughlin explained for council the flag drive up Oregon Street would be a 15' wide
improved surface to allow access for two lots, which is a standard. The drive off of
Windsor Street is proposed at 15' serving lots 4 and 5, also lot 6 which has legal frontage
onto Windsor Street. He believes that the applicant has agreed to construct a 20' wide
driveway to comply with the ordinance requirements.
McLaughlin read the ordinance pertaining to open space to council.
McLaughlin answered question regarding additional parking on a flag drive. He explained
that in performance standard developments it requires that there be an additional space for
each home. In this design the applicant showed a two car garage with a two car parking area
and then showed four additional spaces for the four interior lots and also a space on
Windsor.
PUBLIC HEARING OPEN: 8:10 p.m.
Evan Archerd/120 N Second Street/Applicant. Gave history on the Birnam Woods
Subdivision. Worked closely with the City Planning Department to develop a plan that met
two primary objectives. First objective was to develop a small subdivision that was sensitive
to the site. Second objective was to create a development that was consistent with the
existing patterns of development in the neighborhood and to provide a valuable mid-block
linkage between Oregon and Windsor Streets. The linkage would promote the use of multi-
model transportation in a particular pedestrian and bicycle use not vehicular traffic.
Cited the primary natural features of the trees. The goal was to save as many of these trees
as possible. It was determined that at the center of the site were the oldest and most
beautiful trees, which should be preserved in an open space area. The plan was oriented
around a common open space area which included these trees. This idea created an
opportunity to create a mid-block linkage while preserving the trees.
Council Meeting 8-06-96 4
He explained that the final approved plan includes approximately 11000' sq. fi. dedicated to
open space with a lighted public path, additional landscaping, fencing and permanent park
benches.
Archerd believes that the project is completely consistent with the surrounding development
patterns. A map was provided to council to support this consistency. He also stated that in
regards to density, the development was developed to specifically conform to the City
Comprehensive Plan and read from the Plan, Chapter 6. Minimal street risk was used to
accommodate traffic and reduce aesthetic impacts. The city's performance standard
ordinance was used to develop small lots and common space and to develop more moderate
cost housing.
Archerd explained that the open space was designed around the most beautiful grove of trees
on the property. By creating this open space and the path that connects Windsor and Oregon
Streets this area would become available to not only the residents of Birnam Woods, but to
the broader neighborhood as well. He believes the public path is a vital part of the open
space because it increases the probability that the area will be used and appreciated. The
path will also create a linkage to the SOSC campus facilities.
Council was provided with pictures of projects throughout Ashland that use paths as open
space areas. He stated that the open space area protects and maintains beautiful wooded
areas in the same way that other projects protect riparian areas.
Tom Giordano/157 Morninglight Drive/Agent, architect for the project. Felt there was
some confusion in the Planning Commission regarding the building envelopes and presented a
map to council of the building envelope not the building footprint. The building footprint
would be smaller than the envelope. Giordano explained to council that it is in the city's
ordinance to provide deed restrictions under the performance standards to create setbacks.
Also, there could be no restriction of access to the public pathway by the homeowners.
IN FAVOR
Andrea Shapiro/186 Morninglight/Submitted letter into the records recommending approval
of subdivision.
Diane Beemer/150 E Main/Approves of project.
Pokie Roberts/2785 Diane Street/Spoke in favor of subdivision and submitted to council
pictures and material that represents available land in Ashland. Spoke on affordability and
availability of lots in Ashland. Feels that his project meets needs of the community for
affordable housing.
Michael Doyle/356 Glen Street/Spoke in favor of subdivision and felt that it was a well
thought out plan and met the requirement of the City's Comprehensive Plan.
Council Meeting 8-06-96 5
Demon Graham/755 Indiana/Spoke in favor as plan meets criteria involving density. Does
not feel that the number of lots is a problem. Feels this project should be allowed to move
forward.
Hal Dresner/1550 Tyler Creek Road/Spoke in favor of plan and the affordability of the
subdivision.
IN OPPOSITION
Dorothy Smith/708 Indiana/Spoke in opposition of subdivision. Her property is adjacent to
proposed plan. Does not feel plan meets all city ordinances and requests that plan be denied.
Smith read her comments into the record. She felt that the applicant did not try to make the
five lot plan look as good as the six lot plan and felt that the six lot proposal was not
compatible with the neighborhood. Did not feel that common use on lot two would meet the
criteria for open space. Feels that with five lots it would allow a greater and preferable
sense of open space. Feels that density is being developed that is different than what is
there. Felt that if this development was approved it set a precedence for future building in
their neighborhood.
Mildred Wilson/1475 Windsor/Opposed did not speak.
Flora Wallis/756 Frances/Opposed did not speak.
Ron Clow/701 Indiana/Did not feel there was proper due process at the initial Planning
Commission meeting. Asked that council review minutes of Planning Commission.
City Attorney Paul Nolte stated that regardless of the outcome of the Planning Commission
meeting, there is a Findings and Conclusions forwarded and approved by the Planning
Commission. The appeal before the council this evening gives all parties another chance to
state their position from the beginning.
Clow believes there is a groundswell of opposition to current codes of in~ll and
development. He also commented on the position of Planning Commissioner by Giordano
and feels there is constant conflict of interest as Giordano profits from these decisions.
Requests that council use common sense and deny this application.
Ellis Wilson/1475 Windsor/Adjacent to the proposed development. Commented on how he
had followed direction by city that there be no flag lots developed on his property when he
first purchased his property.
Trudie Revoir/725 Frances Lane/Has lived in Ashland for 17 years. Is concerned of the
loss of open space, familiarity of neighbors and privacy.
Council Meeting 8-06-96 6
Dr. Lee Mulling/718 Indiana/Agreed with comments of Dorothy Smith. Gave some history
on his background. Questioned whether there would be adequate parking, adequate use of
open space and what will happen to Ashland in 50 years.
Judith Fine/735 Frances Lane/Provided a sketch to council showing proposed six lots in
comparison to what is currently there. She agreed with Dorothy Smith's comments. Does
not believe that the proposed open space in the development would be used by the owners in
the development. Had concerns regarding neighborhood density. Questioned whether there
should be allowed density at a higher rate than what is currently there.
Dennis Smith/708 Indiana/Called council to the attention of letter submitted by Don Green.
Pointed out the problem with bonus points for open space. Complimented the applicants on
the development, only questions the density of this development.
Bill Griffin/755 Frances Lane/Put in sidewalks when it was not required, does not feel the
sidewalks should be used as an example of pedestrian use. Against extra density.
Robert Evens/1484 Windsor/Commented that there are other affordable housing projects
happening in Ashland and this is not an issue. Questioned how the process could allow the
Planning decision to move forward to council for possible change.
Nicole Kapp/1480 Oregon Street/Attended all the Planning Commission meetings plus other
meetings. Objected that bonus density was awarded to the applicant because the open space
area should not include a part of someone's yard. Does not believe the proposed sidewalk
in the middle of the subdivision would be useful to the neighborhood. Neighborhood
meetings with applicant was misleading, there was no cooperation by neighborhood. Feels
that this development will change the character of the neighborhood.
REBUTTAL
Giordano stated that there had been more than sufficient evidence showing that the parcel
size and character of the neighborhood and is conformance with the density. In comparing
the parcel map there is no density change in the neighborhood. Commented that this is a
very good density project which is in line with the cities direction toward infill. Commented
that they are working with staff regarding meeting the parking requirements.
Archerd clarified for comparison of this project, that there are six lots on Frances Street.
The open space in this project is centered around a large tree that they did not want to
remove but to enhance and protect. Commented on the City's Comprehensive Plan regarding
affordability, to reduce the number of lots would only raise the cost of housing. Believes the
project meets all the criteria.
PUBLIC HEARING CLOSED:
STAFF RESPONSE
None.
9:20 p.m.
Council Meeting 8-06-96 7
COUNCIL DISCUSSION AND MOTION
Planning Director John McLaughlin explained to council that this would be in compliance
with the solar access ordinance and that the 12,000 sq.ft. addition was not included in the
calculation because it was not necessary to meet the density requirements.
McLaughlin did not know if further development would be done on the Wilson property.
Clarified for council driveway turn-arounds.
Reid commented on quotes from a letter from Don Green regarding density bonus and open
space. McLaughlin explained that the section of the ordinance is called "density bonuses".
It allows density to be increased by doing certain actions, dedicating or preserving certain
areas as open space, doing affordable housing and energy efficient housing. These allow for
increases in the overall density of the project if these measures are taken.
Reid is concerned with putting a sidewalk between the properties because of possible future
problems. McLaughlin stated that the plan allows for "eyes" and allows a comfortable zone
to walk through but not to loiter. He also explained that there is adequate access for fire and
emergency.
McLaughlin clarified that tie votes are considered non decisions for Planning Commission
actions which allowed the Planning Department to make a land use decision.
Thompson agreed with walkway in that it allows for additional public access. Commented
on the past discussion of urban sprawl versus infill and where Ashland would be if a choice
of urban sprawl is made over infill.
Hagen felt that the plan met the standards for the development.
Wheeldon concerned with the impact of this development on the neighborhood, did agree that
is a good plan.
Reid would like to debate on the impact on neighborhoods of these developments.
Mayor Golden commented on the nature of the development in relation to alternative modes
of transportation and the history and spirit of how the decision was made on infill/density.
Also commented on the opportunity to work with neighbors, which did not seem to happen
with this project.
Laws sympathized with neighbors regarding the loss of privacy and the possible change of
character to the neighborhood.
Hauck does not believe the plan meets the open space bonus definition according to the city
ordinance. Council discussion and debate regarding ordinance defining open space.
Council Meeting 8-06-96 8
Councilors Hagen/Thompson m/s to continue after 10 p.m. Voice vote: Laws, Hauck,
Hagen, Wheeldon and Thompson, YES; Reid: NO. Motion passed 5-1.
Councilors Thompson/Hagen m/s to approve Planning Action #96-047. Discussion:
Golden did believe the project met the criteria for transfer of bonus points for open
space. Golden suggested that the applicant bring back a plan with one less lot, a
walkway and preservation of trees. Voice Vote: Laws, Thompson and Hagen, YES;
Reid, Hanck and Wheeldon, NO; Mayor Golden, NO. Motion failed: 3 in favor, 4
opposed.
NEW AND MISCELLANEOUS BUSINESS
1. City Administrator's Monthly Report - July 1996
Moved to adjourned meeting August 14, '1996.
2. Memo from City Recorder Barbara Christensen regarding status of initiative
ballot measures.
It was requested that the budget committee be reconvened for discussion regarding the
possible financial impacts.
Moved to adjourned meeting August 14, 1996.
3. Letter from ODOT regarding status of North Main/Siskiyou preservation overlay
project and bikeway widening proposal.
Moved to adjourned meeting August 14, 1996.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance adding Chapter 9.18 to the
Ashland Municipal Code to establish procedures for dealing with chronic
nnisance property."
City Attorney Paul Nolte identified for council changes to ordinance since first reading.
PUBLIC HEARING OPEN: 10:15 p.m.
Sid Fields/525 Taylor/Questioned definition of all buildings in Ashland, felt the ordinance
should not be so broad. City Attorney Nolte explained that the factor of the noise is
considered under the ordinance. Suggested that language defining "any law enforcement"
st~mld be defined as "Ashland Police". Questioned the prohibiting of all uses from 30 to
180 days and the position the city may put themselves into with a lease/owner situation.
Laws suggested that there be better notification to property owners.
Steve Pierce/700 Butler Crk Road/Commented on several areas on the proposed ordinance
that he felt were problems. Felt the property owners should be notified sooner and brought
i~nto the picture sooner. Does feel ordinance is necessary but with some modifications.
Public Hearing to be continued at adjourned meeting August 14, 1996.
Meeting 8-06-96 9
2. Second reading by title only of "An Ordinance repealing Chapter 2.20 of the
Ashland Municipal Code entitled Community Hospital Board."
Moved to adjourned meeting August 14, 1996.
Moved
Second reading by title only of "An Ordinance amending the Fire Prevention
Code, Chapter 15.28 of the Ashland Municipal Code."
to adjourned meeting August 14, 1996.
Moved
Reading by title only of "A Resolution approving the formation of the Oregon
Public and Cooperative Utility Association and authorizing membership in the
Association.
to adjourned meeting August 14, 1996.
Moved
Resolution approving a right of way easement to the Forest Service for a section
of Loop Road above Morton Street.
to adjourned meeting August 14, 1996.
o
Moved
First reading of "An Ordinance withdrawing annexed !and from Jackson County
Fire District No. 5."
to adjourned meeting August 14, 1996.
OTHER BUSINESS FROM COUNCIL MEMBERS
ADJOURNMENT
Meeting adjourned to 7 p.m. August 14, 1996 Council Chambers.
/?
Barbara Christensen, Recorder
Council Meeting 8-06-96 10