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HomeMy WebLinkAbout1985-0402 REG MINROLL CALL APPROVAL OF MINUTES PUBLIC HEARINGS Appeal - PA 85-007 Pacific Force Dev. MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL April 2, 1985 Mayor Medaris called the meeting to order after having led the Pledge of Allegiance at 7:30 P.M. in the Civic Center Council Chambers. Elerath, Reid, Bennett, Acklin, Laws and Smith were present. Bennett requested that "and Bennett" be deleted from RVCOG item in line 11 of page 2 in the minutes of the March 19 meeting and Smith moved for approval as corrected; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator read a letter from Craig A. Stone, Planning Consultant representing Jim Barber and Daryl Bonin and appealing two conditions imposed by the Planning Conmission calling for reloca- tion of the outdoor seating in connection with the restaurant planned for the street level and requesting wood siding rather than the plans calling for plaster walls and wood trim. Almquist asked that the staff report and action of Planning Commission; proposed findings of fact and conditions; letters from the Ashland Chamber of Commerce, Olive Butt~ Leona Dean, Betty Pinnock, Kay Atwood, Maurice & Ruth Willjams, Hal Cloer & Jerry Lamb of Trinity Episcopal Church in support or objecting to the proposal be made part of the record. Also to be made part of the record were the minutes of the March 13, 1985 Plan- ning Commission and findings and orders of that date. Rlanning Dir- ector Fregonese reviewed the Type 1 procedure saying that the Planning Staff Advisor acturally makes the final decision on these application and that the Planning Commission and Historic Conmission have input. Fregonese said that adjoining property owners objected to the proposal so the application went to the Planning Commission. Fregonese gave background of previous applications for use of th~ triangular shaped lot at Second Street and Lithia Way. Fregonese said the plans call for a two story building with office space upstairs to the rear of the building and a restaurant and outdoor seating on the street level. Fregonese also noted that the Planning Conmission had expressed con- cern about the impact of the development on the Morgan home and the historic Trinity Episcopal Church and the objection relative to alcohol use on premises and critical'lack of parking spaces. Fregon- ese noted that in commercial zones there is no requirement for parking. Fregonese advised Council of the quasi-judicial nature of the hearing and noted that exparte communications and visits to the site should be revealed before the discussion gets underway. John Eads, 221 W. Main St. Medford represented the applicants/appellants in the absence of Craig Stone and noted that there has been illustrative opposition to any building on the corner a~d that it has been said that the church wishes it had acquired the property themselves. Eads said the Planning Commission was trying to be responsive to the neighbors' and singled out two issues and requiring changes to be made. Eads said that three changes were made with separate proposals submitted to respond to Historic Commission concerns. Eads noted that the Planning Conmission felt the wood siding would be more in keeping with the flavor of the City and that the ~istoric Commission had no objection to the use of stucco. One of the applicants, Daryl Bonin showed the outdoor seating arrangement on the drawing and said if it were moved that the wall would be higher and would make it more obstrusive to the neighbor. Regular Meeting Ashland City Council 4/2/8D F. 2 PUBLIC HEARINGS cont. The public hearing was opened and those objecting the proposal were asked to speak. Fr. Jerry Lamb objected to the proposal and asked the the Trinity Episcopal Church be taken into consideration as it has been located on Second Street for over ninety years and that many groups use the building as well as a congregation of over 350 people and would like to recommend that Council review the conditions imposed by the Planning Commission to lessen the impact on the church and Mrs. Morgan's property next door to the proposed structure and business. Lamb said the proposal calls for putting an impossible building on an impossible lot and further feels that the historic church is not being protected. Councilor Bennett asked if the church is in use in the evening ~nd Lamb said the multiple uses keep it occupied many of the evenings until 9 or 10 P.M. On Bennett's question as to whether the wood siding would seem more in keeping to Lamb, he said it would. Lamb expressed concern that noise, music and trash would have a definite impace on the function of the church. Darrell Boldt spoke on behalf of the church and Mrs. Morgan and agreed that access to the sidewalk from the seating area would create noise and debris and said the stucco proposed would be in contrast to the neighboring buildings and said wood siding would be a more appropriate style in the area. Boldt also said the height of the building and said the historic preservation of both buildings (church and Mrs. Morgan's home) is important. Mrs. Morgan spoke saying that if the building is constructed at the height planned, she will he living in a cave and reviewed her exposure to the sun and she wants to see the street light and the mountains. Morgan expressed concern that the applicants had not consulted her and that she has lived in her home for forty years, and added that wood siding would be more compatible to the area. Rex Morgan said he has three parking spaces for his business and is concerned there will be a problem with people taking food out of the restaurant and that serving of alcoholic beverages in the outdoor area will take away from residential living. Larry Medinger of the Historic Commission said a lot of time was spent by the Commission on the proposal and felt the appellants had bent over backwards to comply with recommendations. Medinger said that the Historic Commission feels stucco is within the style of the historic area. Eads said the cost of stucco is considerably less than wood but if the Council feels the unanimous vote by the Historic Commission to go with stucco is in error, then it should be wood. Eads noted that vacant lots collect more debris than those developed. Eads said the lot is high commercial next to historic area and feels there are reasonable site limitations. Reid commented on the color coating and said that duplicate architecture is not. supported by National Trust and that new architecture is not necess- arily intrusive with old neighborhoods. Reid continued by saying often old buildings are diminishing because of competition of new structures and added that this is going to be a commercial building but its use can change. Councilor Smith noted she has enjoyed the Trinity Church over the years and has appreciated it's open door sharing policy. Smith said she thinks the area will get used to the new building, ....... continued 4/2/85 P. 2 ~egular Meeting · Ashland City Council 4/2/85 P. ~ PUBLIC HEARING cont. Second & Lithia Restaurant/office Solar Access Land-use Ordinance to include Group Homes Elerath reported that he attended the Planning Commission meeting at which this matter was considered and also that he ls a personal friend of Rex Morgan. Elerath said he feels the Historic Commission is strict in their judgments and will go along with their approval. Laws said he would like to see commercial and residential uses more compatible but that he can't figure out a way to do it and if there are residences in a commercial zone then we have to go with the com- mercialo Acklin noted that the ~pplicants/appellants are friends of hers and she advised them to work with the Planning Commission. The public hearing was closed and Smith moved to uphold the appeal; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator read a letter from Jeffrey L. Barnes, Archi- tect asking that Council defer action on Solar Access Ordinance until he can be present at the meeting. Planning Director Fregonese gave the history of solar energy back as far as 500 B.C. to the present time and showed slides with percentages of acceptance and implementation in different areas. Fregonese said the original ordinance was difficult to administer and it establishes a solar factor for each lot in Ashland. Associate Planner Jannusch showed plans and reviewed the process he administers saying that the amended ordinance will simplify the present very complex ordinance. The public hearing was opened and those against were asked to speak. Larry Medinger said he isn't against the ordinance but is concerned about looking only Northward. Medinger requested that public hear- be reopened at the next Council meeting for more input and the City Attorney explained that a guideline explained at the top of the agenda would preclude reopening. Laws said that more testimony could come in from those persons requesting it, but the public hearing will not be reopened. At this point the public hearing was closed and Councilor Elerath commented on the ordinance saying it was a great improvement over the original sola~ access ordinance. The ordinance was not given first reading until further input is given at the meeting on April 16, at which time the public hearing will be continued. The City Administrator read a memo from the Planning Commission reporting approval of a proposal relative to amending the Code Section 18.20.030 to include "Boarding and Rooming Houses and Group Homes for conditional use within the R-1 Zone. Almquist noted that both uses have the same definition so recommended deleting "Boarding & Rooming Rouses". Almquist requested that the minutes of the Planning Commission dated March 13, 1985, ordinance attached to agenda adding group homes and staff reported dated March 13, 1985 be made part of the record. Cohncil agreed to strike out the Board- ing & Room language. The Mayor opened the public hearing and Lucy Harrell of 200 Walker spoke in favor of the ordinance saying tha't although she is in an R-1 Zone that the fact that she is bordered by Jr. High School athletic field, railroad, warehouses etc. will make the use of a group home no less attractive in the area. There being no further testimony, the public hearing was closed. AlmquiSt gave first reading of the ordinance and El~rath moved to second read- ing; Bennett seconded the motion which passed unanimously on roll call vote. 4/2/85 P.3 ~egular Meeting .Ashland City Council 4/2/85 P. 4 PEAK ASHLAND CREEK MANAGEMENT PROPOSAL CITY OF SALEM LEGISLATION ST. CLOSURE FOR 4th OF JULY C.PoNATIONAL Franchise Renewal LIQUOR LICENSES Scott English of Peak & Associates reviewed a proposal to work within the City's management of Ashland Creek to investigate the possibility of implementing a fish enhancement program along with educational benefits principally in Lithia Park. English showed slides of Lithia Park with the creek, paths and possibilities involved in bringing steelhead back into the creek by creation of spawning grounds and other measures to reassure rehabilitation of the fish stock. English included addressing the siltage problem created by the dam and noted that a study would probably cost less than $1,000. Smith reported there is a feasibility study going on called Bear Creek Management Plan tied in the the Water Quality Program and suggested that any proposal await implementation of this plan. Mayor Medaris said the Parks & Recreation Department would be the logical level of involve- ment as regards Ashland Creek and thanked English for the report. The City Administrator reviewed a request by the City of Salem req- uesting the City's support of current legislation relative to provis- ion of police and fire protection services to state-owned real prop- erty. Almquist recommended the City not take an active role at this time since it is an inappropriate time in view of the tax relief concerns now being dealt with by the Legislature. Council agreed. A request from the Chamber of Commerce for closure of E. Main Street and Siskiyou Boulevard, Plaza area & Winburn Way and allowing commercial towing companias to remove illegally parked cars on the 4th of July event was read and discussed. Smith moved to approve request; Acklin seconded the motion which passed Unanimously on voice vote. A letter from the City Administrator requesting that a committee comprised of two Councilmembers and himself be authorized to meet with CP National for presentation of proposal that the Gas Company will be willing to collect the proposed Natural Gas User Tax which has been implemented by the Budget Committee on March 18. Mayor Medaris appointed Laws, Elerath and Almquist to formulate new franchise and bring by report on the outcome of the user tax plan with the Gas Company. Chuck Gates of C P National was present and expressed appreciation on being able to serve the people of Ashland. Liquor license applications came to Council~s attention for Greenleaf Grocery & Dell at 49 North Main Street with recommenda- tion from Chief of Police that final approval be contingent upon final results of background checks; Clark Cottage Restaurant of 568 East Main Street with final approval recommended contingent upon completion of background checks; and approval recommended for change from Class A to Class C for Winches~er Inn, 35 Second St. as applied for by Patrick & Colleen Gibbs etal. Smith moved to approve application for Winchester Inn; Reid seconded the motion which passed unanimously on voice vote. ....... continued 4/2/85 P. 4 tegular Meeting Ashland City Council 4/2/85 P. LIQUOR LICENSE REQUESTS continued DOWNTOWN PLANTERS ASHLAND POND IMP. WASTEWATER TREATMENT PLANT TREE BUFFER ED KRAHEL RR CARS Laws moved to authorize the City Recorder to give approval of the other two licenses if the background checks prove satisfactory; Reid seconded the motion which passed unanimously on voice vote. A letter from Judy Patterson on behalf of the Chamber of Commerce was read requesting approval of a proposal submitted by Stagecoach Farms to make available planter boxes for the sidewalks in downtown area. Patterson said the boxes were done for Jacksonville and they are 3 x 5 foot made of cedar. They would be in place from April through September and wopld be done through business people. Patter- son added that Stagecoach will maintain the boxes should the busin- ess person not care to for a charge of $30/35. Laws moved to give authority and endorse the project; Elerath seconded the motion which passed unanimously on voice vote. On Mayor's question as to insur- ance coverage, City Attorney Salter said City's insurance would cover. The City Administrator noted that Water Quality Dittmer was unable to attend the meeting but offered to answer any questions on the proposal which was comprehensively written. The letter was read and after a brief discussion by Council Smith moved to approve; Acklin seconded the motion which passed unanimously on voice vote. A letter from Ted Anderson, ~7 Alder Lane, was read along with an t at ached petition signed/ eigh,teen residents of the area of the Wastewater Treatment Plant requesting that solutions to the odor problem emanating from the plant and recommending trees be planted to buffer and absorb odors. Alsing gave the history of plans to plant trees and noted some were planted which subsequently died and that later trees were planned for the Greenway corridor which have not been planted as yet. Alsing said in a meeting that the neighbors plan ~ to Qooperate in the effort. Anderson said the odor is present at all times and the plant can also been seen by the neighbors. Alsing explained that the original plant was built fifty years ago and has been hpdated twice since that time and that all DEQ requirements have been met. Alsing said property owners should be aware of location when they buy. Alsing said the WWTP has been landscaped professionally and it is difficult to plant trees in the rocky terrain in that location. Smith said the Parks & Recreation Department were commissioned to do the Greenway planting. Mayor Medaris asked Smith to represent Council in work- ing with Mickelson and report back. A resident of the area noted he took exception to Alsing's remark about "buyer beware". Councilor Susan Reid reported that she had met with the neighbors concerned ! the use of the Krahel property at 168 Meade Street were four railroad cars are parked and said that no compromise nor alternative was reached in communications between the neighbors and E1 Krahel. Reid asked that City AttS~ney Salter explore the presence of railway cars on R-1 Residential property. Bennett com- plimented Reid on her conduct of the meeting which Bennett attendedo .......... continued 4/2/85 P. 5 tegular Meeting Ashland City Council 4/2/8~ P.6 KRAHEL RR CARS conto Concern for the children in the neighborhood was axpressed and Reid said for that'reason it could be considered an attractive nuisance. Reid and Bennett suggested Council tour the entire area themselves. The petition submitted by Krahel was made part of the record. Laws agreed saying he would like to take a closer look at the premises. Reid said at the neighborhood meeting there was an agreement on the cleanup issue but nothing on the railroad cars and asked the City Attorney to explore the question of railroad cars in an R-1 Zone. Council agreed that the City Attorney should enforce the Zoning Ord- inance0 Ed Khahel said he would be disappointed if Council didn't go tour the area° Krahel said the City allowed him to have the cars. Salter said that four full size railroad cars are not subord- inate to the residence and not in keeping with a R-1 Residential neighborhood. Clara Fad~r who lives on Meade Street said she goes by Krahel's home regularly and has no objections from where she lives. Fader noted this is a rural community and that's part of it. Elerath said he wouldnwt want the cars in his backyard but that most of Krahel's neighbors are supportive and he would lean to treat- ing the matter as a hobby. Smith said the last caboose which was moved in kindled the problem and that it seems at this point there is no choice other than to enforce the ordinance. Doug Cox said he can see some of the yard from his property and the problem relates to the people who live right in the area and are exposed to it. Cox said he has no malice against Krahel but people are always for the underdog and his property taxes have doubled this year and he was told by the Tax Assessor that his view was part of the reason. Cox asked why when the first car was brought in the area was not the Zone ordinance enforced. Chas. Lahr noted he was one of the first to complain and noted that Mrs. Morgan's roses which were discussed earlier would have to go because she is in a commercial zone and no one addressed them. Lahr said he had been told there was to be a locomotive park and offered his home as part of the shrine and let it get paid for. Terry Koerner, 1026 Henry, suggested that the Zoning ordinance be studied to see if Krahel is in violation or not. Koerner said she has read the ordinance and it seemsto be obscure. Koerner said she is concerned that taxpayer's money will be spent along with Krahel's money and that a compromise should be reached. Bennett said the neighbors seems to be in favor of two cars and cleanup but Krahel refused to give up any of the cars. Orville Leao, 363 Iowa, said he can see Krahel's cars and would like to see him be able to do something with them. Laws asked Krahel if a compromise could be reached by his being willing tO keep just a caboose and possibly the flat car. Krahel said he will not compromise. Laws said that Council would have to vote against him unless he cut down to twD cars and added that it can be taken to court but will be expensive and no assurance of his winning the case. On question of Elerath as to his intentions, Krahel said he would like to work with the neigh- bors and modify his plans with screening of the property. Reid moved to direct City Attorney to act on t~e non-permitted use; Smith seconded the motion and on roll call vote Reid, Smith, Bennett and Acklin voted YES. Laws and Elerath voted NO and motion carried. 4/2/85 P. 6 ~egular Meeting Ashland City Council 4/2/85 P. 7 OAK KNOLL GOLF COURSE EXPANSION - 3 Way AGREEMENT Nan E. Franklin City Recorder Councilor Acklin reported for the Golf Course Committee relative to the three-way agreement between Oak Knoll Enterprise, Erv Toney and the City of Ashland the committee had drafted for Council approval. Acklin said that the City would be trading 54 lots on the golf course for 65 acres of land across the street owned by Toney and that homes would be built on the golf course by Toney with the criteria built into the agreement. The present golf course would be modified to maintain eight holes and an additional ten holes would be constructed across the street° Acklin noted that Jack Davi~ represents Mr. Sullivan and Jim Grantland represents Erv Toney. Aklin said that City AttOrney Ron Salter has been an active member of the Golf Course Committee. Acklin noted that Sullivan has had a loan commitment for two years and that in may be in jeopardy because of Federal legislation. Acklin said that the proposal calls for a subdivision on the golf course of one story construction where views would be blocked, solar envelopes which protect each lot and the construction would be done in a way that would not prohibit use of the course during building etc. The City Administrator reviewed the Covenants, Conditions & Restrictions.and because of the lateness of the hour, Smith moved to adjourn at 12:30 P.M. to an adjourned meeting on Thursday, April 4 at 4:00 P.M. to continue the agenda. L. Gordon Medaris Mayor 4/2/85 P. 7