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HomeMy WebLinkAbout1995-1017 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 17, 1995 CALLED TO ORDER Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. Mayor Golden swore in new Council Member Carok Wheeldon to Council Position #5, replacing Rob Winthrop. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of October 3, 1995 were approved as presented with the following correction to page 3; other business from Council; Councilor Hagen's request should read "requested that plans for new developments include surrounding existing developments so as to show context". SPECIAL PRESENTATIONS AND AWARDS 1. Proclamation declaring the week of October 23-31, 1995 as "1995 National Red Ribbon Celebration Week." 2. Proclamation declaring the week of October 23-31, 1995 as the "1995 National Red Ribbon Celebration". Proclamations were read by Mayor Golden. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports for September, 1995. 3. Confirmation of Mayor's appointment of Cliff L!eweHyn to Historic Commission for term expiring April 30, 1997. 4. Confirmation of Mayor's appointments to ad-hoc Citizens' Communication Committee. 5. Report on Camping Ordinance enforcement from Police Department. 6. Liquor license application for a change of ownership/name for establishment located at 139 East Main Street (applicant Hardip Singh Basra and Prem Sambhi dba/Five Rivers, Inc.). 7. Report from Senior Program Director regarding grant application for the proposed Senior Center annex. 8. Approval of quitclaim deed to remove deferred assessment agreements (LID) from lots 1 through 9 of Ashland Audubon Subdivision (John Gossett, Jeff Gossett, Daryl Bodin dba Ashland Audubon Subdivision). Councilor Reid requested that item 8 be pulled from Consent Agenda and placed under New Business. Councilors Hauck/Laws m/s approval of the Consent Agenda items 1 through 7. Voice vote aH AYES. Motion passed. PUBLIC HEARINGS 1. Appeal for a decision of the Planning Commission approving a Site Review and Outline Plan for a 16 lot, 16 unit multi-family development under the performance standards option for the property located at 955 B Street (Fred Cox, applicant; Philip Lang, appellant). [Rescheduled from October 3, 1995.] PUBLIC HEARING OPEN: 7:15 p.m. Site visits and Ex Parte Contacts: Councilor Reid reported conversation with Mr. Lang and Mr. Cox; Councilor Wheeldon reported contact with Mr. Lang, site visit, conversation with prospective buyer; Councilor Hauck reported site visit; Councilor Thompson reported site visit; Councilor Hagen reported site visit and conversation with interested parties; Mayor Golden reported site visit, conversation with Mr. Lang and Mr. Cox regarding process. Report by staff of applicable standards: Senior Planner Bill Molnar reported that the applicable criteria on this application are the criteria found in the site review chapter as well as performance standards chapter 18.88. The property is just over one acre and is just outside and adjacent to Ashland Historic District. It is zoned R-3 high density multi-family zoning, the base density for the parcel is approximately 22 units. The proposal is to construct 16 individual residences on separate lots and owned individually. Proposal was reviewed by the Planning Commission and approved unanimously. The site plan shows that the units are accessed from a private roadway that extends from "B" Street through the project and enters near the intersection of "A" Street and Eighth Street. It will be a 20 foot wide paved private road with a sidewalk on one side. The developer plans on constructing the units in phases, units range in size from 1,000 sq.ft. to 1,700 sq.fi., four of the units will be single story and remainder will be double story. Planning Director John McLaughlin read the criteria for performance standards applicable to subdivisions and Site Plan approval. Mr. Molnar reported that he had received a phone call from John Cole requesting that the condominiums proposed next to the house on Eighth Street be one story because of the shadow that would be cast on is property. Clarification for Council was made regarding right-of-way on entrance to project and how in the past criteria (d) the development of the land will not prevent adjacent land from being developed for the uses shown in the comprehensive Plan was used in the past. City Attorney Nolte advised the Council that there would be some liability on City owned property. If it is a sidewalk, by ordinance the City shifts liability to the adjacent property owner, the City is silent as to any other property that is used for another purpose other than a sidewalk. He reminded Council that almost every entrance to a driveway in Ashland is on public right-of-way. Staff clarified for Councilor Hagen that this application meets the requirement for Solar Access ordinance. Staff answered questions from Council regarding their concerns on the additional burden of traffic on the neighborhood and the streets ability to handle the traffic. Fred Cox/1280 Kirk Lane/Relayed to the Council the many hours he has spent trying to design something that would fit the Railroad District. He stated that because of the concern by neighbors and the Planning Department there are fewer number of units than what was originally proposed. He felt that this project was an infill project and in a desirable area. He was not interested in changing his plans and requested that Council stay with the approved plan by the Planning Commission. City Attorney Paul Nolte advised applicant that the way the ordinance is written, once an appeal is made everything is at issue again. 2 Councilor Reid spoke regarding her idea concerning a better street pattern by connecting a neighboring project. She stated the idea was based on her interest of this neighborhood in the future and felt obligated to the community as a whole and the community in the future to bring the idea forward. She understands there is no legal obligation to the applicant regarding this idea. She had hoped to create a forum that would provide an incentive in making this idea advantageous to the applicant. Councilor Thompson cited criteria for Site Plan approval (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. What he feels is the issue, is adequate transportation. If the City is moving toward the concept of interactive neighborhoods and not blocking things off, he feels the Planning Department and the Council has the obligation to make sure these neighborhoods are linked. Mr. Cox indicated his willingness to work with City in public access for bikepath. Ed McCurry/375 Otis/In favor of proposal and felt that the design fit well in the Railroad District. As a realtor he supports the zoning and guidelines that the City sets for R-3 zoning. Shared letter from owner of neighboring property. Submitted letter by Shirley Meithof where she pointed out that prior to her listing this property she had considerable discussion with Bill Barchet, owner of adjacent property. This was in regards to their designing their two parcels together. Later Mr. Barchet decided he would prefer to move forward on his own. Philip Lang/758 B Street/Opposed to proposal. States that the streets would be too dangerous with the potential traffic increase. Felt that the proposed development is poorly designed and conflicts with the adjacent developed neighborhood. Does not agree with the affordable housing aspect to proposed development. Feels there needs to be more respect to the grid. Bill Emerson/90 Fifth St/Opposed to proposal. Spoke as Historic Commissioner. States the beginning of the property is using a right-of-way that has never been developed on "A" Street and the Historic Commission as well as himself feel that by this design it eliminates the possibility of ever in the future utilizing that pathway to possibly going through to Mountain Avenue. He is opposed to the City giving away the fight-of-way to this development the way it is designed. Concerned with why as a City there is not a trade being done. Speaking as a designer, Mr. Emerson questioned the square footage percentage of landscaping. He felt the percentage did not fit under guidelines. Questioned the narrowness of the street and sidewalks on one side. REBUTTAL: Staff response: Clarified that the R3 zone requires a 25 percent landscaping of which the application exceeds this requirement. "A" Street right-of-ways which abuts a property is a dedicated right-of-way providing legal access to that section of the property. Council has control of these right-of-ways. Development in R3 zone does not require that accesses be dedicated as public streets and sidewalks are required on one side only. Noted that standards for capacity are not set at a engineering ultimate capacity of that street. The Cities standards are set at an environmental level, what is appropriate environmental levels for a neighborhood for a collective street. What the street can physically hold is many times higher than the environmental level. Applicant response: None. PUBLIC HEARING CLOSED: 8:23 p.m. 3 Councilor Reid noted that the proposed development would meet the R3 zoning and likes the smaller lots. Councilor Hauck noted based on the criteria and testimony the proposal meets all the standards for the development. He would like to see a direct connection between this development and any possible future development. Councilor Wheeldon requested that if possible that the double units be switched out, and that the street be allowed to be accessed for people to walk on and enjoy the homes that are built there and the people that live there. Councilor Hagen commented that the area is a very pedestrian/bicycle friendly neighborhood and that this kind of design moves more in the direction of affordable housing. Councilor Thompson asked that there be consideration of a pedestrian/bikeway easement through the property along the private drive. He would like there to be a way to connect this development with a future neighborhood development. Councilor Laws/Hauck m/s to deny appeal, not adding any additional conditions and adopt f'mdings of the Planning Commission on Site Review and Outline Plan for a 16 lot, 16 unit multi-family development under the performance standards option for the property located at 955 B Street (Fred Cox, applicant; Philip Lang, appellant). Roll Call vote: Reid, Wheeldon, Hagen, Laws and Hauck YES; Thompson NO. Motion passed 5-1. PUBLIC FORUM Julie Norman/President Headwaters PO Box 79/Information on SugarLoaf timber sale handed out to Council members. Handout given to Council on statistics of the timber sale. Opposition to tattic that government is taking. Andrew Chester/6915 Rapp Ln, Talent/Spoke regarding SugarLoaf timber sale and how the reasoning of saving jobs does not make sense. He felt that tourism could be generated from the saving of this old growth timber. Requests an endorsement from Council to circulate a petition to business owners who believe there is no economic value to the cutting of the timber. Mayor suggested that Mr. Chester finalize the petition and bring back to Council for possible endorsement. Chris Hearn/515 E.Main Street/Represents Selltac Inc. out of Klamath Falls. Selltat has replaced the timber employment resource. They agree in principle that there is a tourism and economic interest in Southern Oregon to gain from a stand on limiting cutting of old growth. UNFINISHED BUSINESS Report from Wastewater Treatment Plant Project Coordinator regarding f'mal facilities plan and wetlands request for proposals. Paula Brown, WTTP Project Coordinator gave update of final facilities plan which was delivered to DEQ on the 291h of September and copies of this plan will be given out to Council soon. Preliminary word from DEQ is that they intend to review the plan in November. She indicated that it would be best to walt in sending out an RFP (Request for Proposal) for Phase One facilities upgrade design until DEQ gives back some preliminary feedback. Reported on the status of the wetlands RFP, which is in draft form and is scheduled to go the end of October. The RFP would give 30-45 days for response but could possibly have a clause that would string out awarding the RFP until the end of March if necessary. The reason for this is mainly due to what DEQ is going to allow after reviewing the Facilities Plan. Wetlands Coalition has requested to review the RFP and the draft has been provided to them. Council directed Paula Brown to meet with the Parks Commission next week for their input. Brown presented preliminary findings on the cost of what it would take to irrigate park land. For the infrastructure alone, just piping to all park land is estimated at over $1,000,000.00. Brown suggested looking at individual parcels one at a time. Noted there may be some concerns and problems regarding spray irrigation on some park lands. Councilor Laws noted that he had understood that the direction from Council was that the information requested was for contrasting spray irrigation on city lands and the going ahead with wetlands. After this, compare the initial cost of wetlands with the additional cost of spray irrigation and then weigh the benefits. Brown agreed and that these two are being compared but is looking at the larger wetlands versus this option, which she feels is a viable option to compare. NEW BUSINESS 1. Approval of quitclaim deed to remove deferred assessment agreements (LID) from lots 1 through 9 of Ashland Audubon Subdivision (John Gossett, Jeff Gossett, Daryl Bonin dba Ashland Audubon Subdivision). Councilor Reid reminded Council that there prior discussion regarding Orange Street when there were enough signatures for a LID. Council was approached at that time and requested that th's paving walt, which the Council agreed to. She also noted that LID's for paving are set up to be asia} nclusive as possible for the people that are going to be using the street and spread out the cost of C paving. Planning Director John McLaughlin stated that the when the subdivision was approved there was a requirement to sign in favor of the LID, at that time it was assigned to all the lots, which has always been left to the choice of the developer. The intention of the subdivider is to transfer that requirement from the remaining subdivision in Phase One since there is no use of Orange Street at this time. Clarification for Council, that approval of the request would not reduce the percentage of signed in favor of future street improvements and the City would have the ability to form a local improvement district for full street improvements. After discussion by Council, general consensus was not to approve quitclaim deed. ORDINANCES, RESOLUTIONS & CONTRACTS 1. Second reading by title only of "An Ordinance permitting only woody debris in any authorized outdoor f'we by amending AMC 10.30.010, redef'ming the season for outdoor burning by amending AMC 10.30,020 for the purpose of reducing f'we hazards in the City of Ashland and decbring an emergency." Councilors Hauck/Reid m/s to approve Ordinance//2768. Roll Call vote: Thompson, Hauck, Laws, Reid, Wheeldon and Hagen; YES. Motion passed. Second reading by title only of "An Ordinance amending section 3.08,080 of the Ashland Municipal Code by deleting the utility discount benefit as an employee benefit." Councilors Laws/Hauck m/s to approve Ordinance//2769. Roll Call vote: Hauck, Laws, Wheeldon, Reid, Hagen and Thompson; YES. Motion passed. 3. Reading by title only of "A Resolution authorizing signatures, including facsimile signatures, for banking services on behalf of the City of Ashland? Councilors Reid/Hauck m/s to approve Resolution # 95-26. Roll Call vote: Hauck, Hagen, Reid, Wheeldon, Laws and Thompson; YES. Motion passed. 4. First reading of "An Ordinance repealing the airport license fee by deleting Chapter 6.38 of the Ashland Municipal Code." Assistant City Administrator Peggy Christiansen read first reading of Ordinance. Councilors Laws/Hagen m/s approval to move ordinance to second reading. Roll Call vote: Hagen, Thompson, Wheeldon, Hauck, Reid and Laws; YES. Motion p_a_s~d. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Thompson clarified for Council that their was a letter in the Tidings which should have indicated who the letter was addressed to. The letter was addressed to and directed to the Hearings Officer of the County regarding a Planning Action in the County for the developing of an amusement park on the Fairgrounds which is agricultural land. Councilor Thompson noted the traffic improvement on comer of Mountain Avenue and East Main. Mayor Golden commented that she liked the trees in the middle of Hillcrest. Councilor Hagen reported that he had attended the first pre-planning meeting for Regional Planning in the valley and that they are in the process of taking the first step towards hiring a Coordinator to coordinate the process. ADJOURNMENT Meeting was adjourned at 9:35 p.m. Barbara Christensen, Recorder Catherine M. Golden, Mayor