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HomeMy WebLinkAbout1982-0622 ADJOURNEDMINUTES OF THE ADJOURNED MEETING ASHLAND CITY COUNCIL June 22, 1982 ROLL CALL BIKE RACK PLACEMENT LITHIA HOMES PUD APPEAL Having led the Pledge of Allegiance, Mayor Medaris called the meet- ing to order at 7:30 P.M. in the Council Chambers of Civic Center on the above date. Howard, Sims, Peterson, Laws and Dale were pre- sent. Acklin arrived at 7:35 P.M. City Administrator Almquist reported that some time ago the question of bike racks on the plaza at the entrance ef Guanaiuato Way had been discussed along with design and landscaping to fit the area now occupied by the first parking space and adjacent area. He said Parks Department is going to be installing a bike rack at the foot of the Shakespeare stairs at the Lithia Park entrance and said he had spoken to Lance Pugh and Randy Watt who said the bike racks in the first parking space would be convenient to their business. Alm- quist said the total bike parking facilities would be more than a~e- quate., Peterson reviewed minutes taken at the Council meeting at which time the bike racks were considered along with the location which indicated approval by the Council for the racks eo be placed at the entrance of Guanajuato Way as discussed. Howard urged that completion of the project be met as soon as possible. No further action was necessary. City Attorney Salter advised public hearing participants that items as they pertain to the final plan only would be heard. City Adminis- trator Almquist read a letter from the appellants including reason for their appeal and asked that the following be made part of the record; 1) memo from the Planning Commission to Mayor & Council dated June 18, 1982; 2) Staff Report dated May 12, 1982; 3) Minutes of Planning Commission of May 12, 1982; 4) Findings and order of Planning Commission relative to approval; 5) Geologic Study by Purdom & Elliott; 6) Conditions set by Planning Commission (40 con- ditions with findings); and, 7) correspondence submitted at Planning Commission meeting. Planning Director Fregonese reviewed the background of the applica- tion saying that Council previously heard the plan for 45 units but applicant was asked to submit a modified plan and this plan called for twenty-eight units along with a minor land partition of 532 Granite Street to make the twenty-ninth unit. Fregonese said the plan is for selling the lots off to individuals rather than build- ing the subdivision and that because of the steepness of the area a geologic study was ordered. Fregonese noted the geologic report is in the packet. Judith Kennedy reported for William & Maridale Moore, Mary Ann Santee, Marilyn Marthoski, Tim & Joanne Rutter and herself and out- lined what her group felt were inconsistencies and modifications which will not provide for protection originally set in conditions attached to the previous plan. Kennedy said their objections are that the project has changed considerably since it was initially planned and secondly that the fragile nature of the hillside should have been considered at a type ll public hearing. Kennedy added that .... continued 6/22/82 P. 1 Regular Meeting Ashland City Council 6/22/82 P.~ since the homes will not be built by the developer the neighbors are concerned that there will be no restrictions on building houses which would blend in with the environment as Cooper had planned initially. Kennedy said because of individual construction there will unlikely be any monitoring going on as to cuts, dirt removal etc. Kennedy said the fact the project will no longer be done in phases will make it more difficult to control etc., and also disagree with the land shifting of the project site to a location not useable for open space. Kennedy stated that eventually there will be considerably more homes built and using the same road etc. which will impact the neighborhood. Kennedy reviewed engineering problems as the appellants see them and referred to evidence in the Slope Stability and Mass Wasting in the Ashland Creek Watershed report and said such information along with setback lines etc. should be brought to the public because it is felt the conditions outlined are not being met. Kennedy concluded by saying that they are not only appealing on their own behalf but on behalf of the entire City as they have had negative input on the project from citizens city-wide. Kennedy urged that Council look at possible conflicts of interest on the Planning Commission and they realize that in a town of this size it would be difficult to avoid a possible conflict. Kennedy said they were not claiming impropriety on the part of the P.C. Chairman but felt it makes such poss±bilities difficult to avoid. Kennedy thanked Council for the many hours of deliberations on the project being appealed. Lars Johnson, 611 Long Way spoke in support of the Granite Street people saying they have the same problem on Long Way saying that the plans to develop the West hills of Ashland are frequent and there should be good land-use planning to consider the soil instabilit~ and fire danger with the watershed's proximity. A geologist living at 6986 Wagner Creek Road in Talent who has been studying landslides etc. at SOSC spoke relative to the report sub- mitted by Purdom & Elliott and noted that neither are geologic eng- ineers. He went on to describe the volatile nature of the fire prone native black oak and madrone in the area and described the granitic soil and its lack of clay for binding making it vuaerable to slides when heavy rains occur. The geologist said in Item C, page four of the report two sets of joints where mentioned but that the area is permeated with many fractures coming from different directions and the report does not say how close the joints are together. He com- mented on Item D, page five (Fig. 2) saying the trees are leaning and an active creek movement is noted and that there is a slow moving landslide which a heavy rainfall could cause real problems with. The geologist said that road cuts could creat problems with the joints mentioned. He asked if the City is going to ask that materials excavated are going to be removed from the area to prevent choked streams etc. He mentioned the need for revegetation of the cut slopes and said it could be a more serious problem than the existing Pioneer site and could take a good deal of engineering study. He asked if there would be an engineer on the site when the first cut is made~ Sims expressed concern that report was not done by certified geologists. ...... continued 6/22/82 P. 2 Regular Meeting Ashland City Council 6/22/82 P. J LITHIA HOMES APPEAL Carl Oates, 357 Granite Street, asked that Councilmembers abstain from voting if they spoke with the applicant and walked the land. John Hardey, Project engineer, clarified the fact that the actual wording of the ordinance called for a registered geologist and/or engineer to submit report. Hardey described the topography and said the 55 slopes are solid rock and there is a draw at that point. Hardey said there will be a geologist at the site when cuts are made and there will be retaining walls. Hardey said any material left over would be taken away and that he would have a one-year maintenance contract so would be concerned himself. Cooper said he had nothing to add to the hearing and was sorry he didn't find common ground with his neighbors. Cooper added that the Planning Commission didn't consider the changes made as major and the project has been and will be closely scrutinized. Peterson asked for clarification as to the difference between the final plan and final plat and was told by Fregonese that the final plan is the outline which is conceptual and has more detail and the final plat is a surveyor's map. Fregonese said the final plat comes in after survey showing road cuts, street stubs etc., and all improvements are bonded for before the final plat is recorded. A gentleman from the audience living at 582 Henley asked who is res- ponsible in case there is a slide. City Attorney Salter said it would depend on the causes/circumstances and possible it may be an Act of God in which case no one would be responsible. Bill Moore said it is possible that some day in the future such a catastrophe could take place on the Cooper property. Moore added that Cooper has other property that could have additional units on 25 or 28 acres and added that when Council is approving this they are approving more than the 28 units discussed. Public hearing was closed. On Sims' question of Fregonese as to how the houses would be located on the lots, Fregonese said they will have set-backs and the sub- division plat with restrictions & covenants. Sims moved that appeal be denied; Howard seconded the motion. Dale said that in a small community such as this it would be impossible to totally avoid on ocassion speaking with principals and there should be no implication of a conflect of interest and that Council would note it should it be a fact. On Dale's question as to protection that the conditions would be met by various individuals, Fregonese said the services would all be in and that there would be control of drainage, access, adequate in terms of grade, foundations will be engineered, erosion control for exposed cuts and banks being revegita- ted within a year. Cooper said he didn't feel all of the conditions are fair but is accepting them. On roll call vote the motion passed unanimously. Regular Meeting Ashland City Council 6/22/82 P. ~ ADJOURNMENT There being no other business scheduled, the meeting adjourned at 9:20 P.M. Nan E. Franklin City Recorder L. Gordon Medaris Mayor ih