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HomeMy WebLinkAbout1979-0403 REG MINMINUTES OF THE REGLrLAR MEETING ASHLAND CITY COUNCIL April 3, 1979 ROLL CAIL APPROVAL OF MI[rUTES PUBLIC HEARINGS Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the English Lecture Hall at Ashland Senior High School. Phelps, Sims~ Medaris, Laws and Hamilton were present. Ragland arrived five minutes late. Medaris moved to approve minutes of-the regular meeting of March 20, 1979; Hamilton seconded and on voice vote, passed unanimously. City Administrator Almquist read a letter from George Hocking of 157 Church appealing a decision of the Planning Commission approv~ng Planned Unit Development No. 7 on property situated at Scenic ~nd Grandview Drive which was continued from December 1978 for study of traffic problems of the Scenic-Grandv~e~-Ch~ch S~reet area. quist the following be made part of the record: letter read dated 4/3/79 from Margaret M. Farquhar & John Farquhar, M.D.; letter read from George Hocking, 157 Church Street appealing P.U.D. proposal; memorandum from Planning Commission dated November 15, 1978; letter from applicant William Wiley dated November 14, 1978; Staff report and minutes of 12/13/78 hearing before Planning Co~ission; findings and orders of Planning Commission for meeting of 10/1.1/79 - 6 p~ges; Staff report of Planning Commission dated ]0/11/79 and map and ]egai notice. Fmyor Prickett opened the public hearing. Dave Deller, 200 Grandview Drive, said he belongs to Upper Grandview Neighborhood group and lives across from the proposed condominiums and agrees with a newspaper article dated 4/1/79, Medford Mail Tribur~e quoting the Mayor as being concerned with condo developments (Y~yer later explained that he had reference to apartment conversions) and said there are enough of them now and expressed concern that the qual~ ity of the single family zoned neighborhood would deteriorate and the traffic problem would jeopardize pedestrians who must walk in the street. George Hocking, appellant, expressed concern for Church Street with increased traffic, exhaust fumes etc. and said that one-way street idea would'leave-the people on Church Street stranded. Hocking said a subdivision with small lots would make best use of land for the area, and said there is no way to widen the street to accommodate more traffic. Faith McCullough, 137 Church Street, spoke cut against the propossl saying that she has lived here for 32 years and such proposals for development have come up from time to time and thee there is good pavement on Church Street but would be ruined by trucks etc. and urged that Ashland retain the livability factor which brought people to live here. Mary Dew, 282 Scenic Drive, said the propgsed exit on Grandview is blind and to correct it the whole hillside would have to be cut away. Dew cited problem of drainage sa~ing thst gutters are always filled with grsnite and Grandview is always plugged up with e'cod~g soj!. LoreDa Bass, 261 ScehiC said the area is beautiful to raise in is happy it was zoned back to rural residential and wonder if use is compatible, and expressed concern for drainage/sewer prc~!ems which may result from development. APPEAL OF FO~LER/WILEY PUBLIC HEARING cont. SUSITNA HEIGHTS William Wiley, applicant, 36 W. 30th Street, Eugene, made some remarks for the record saying there is adequate access and referred to the traffic analysis by Planner Box pointing out the fact that traffic count is much lower in that area and that Map 17 should be referred to showing the transportation goals of the Comprehensive Plan being supported by proposal. Wiley said the t)~e of occupancy would not conflict with work/school traffic loads as development is designed with retired and/or childless occupants. Wiley said consideration is being given to include a restriction to preclude owners renting their condos and other restrictions to protect ownership, environment etc. Ragland asked Salter if this restriction would be legal and the City Attorney felt it could be embraced in the deed with other restrictions. Councilman S~ms said that the need for larger homes is diminishing with fewer or no children planned. Mayor closed public hearing. Laws moved that appeal be denied and that findings of fact from Plan- ning Commission be adopted. Sims seconded. Ragland amended motion by moving that deed restriction or other appropriate method be used to restrict renting of units; Hamilton seconded. Medaris agreed with need for units but that drainage and traffic had not been thoroughly addressed and felt reevaluation of sewer and water facilities would point out need. On motion to amend, all YES4 On motion to deny appeal Laws, Sims, Hamilton and Ragland voted YES. Medaris and Phelps voted against the motion which carried on roll call vote, City Attorney Salter reviewed appeal filed by H & S Construction in June of 1978 on two conditions placed on proposed subdivision develop- ment calling for street improvements etc. and said Council had contin- ued the public hearing on the matter when it became apparent that the entire area needed a thorough traffic study before any action could be reasonably taken. Salter added the matter is now in court and that Council could take appropriate action by changing, reaffirming or reconsidering based on recent change in Comprehensive Plan. Almquist requested the following be made part of the record: Findings of Fact on Hill Amendment approved on March 20, 1978 consisting of 12 pages; memorandum from Planning Director dated February 13, ].979 relative to traffic su~'ey consisting of 5 pages; memorandum from Planning Com- mission on Scenic/Grandview Access dated January 19, 1979; memorandua from Planning Commission of January 5, 1979 consisting of two page~; minutes of Planning Commission for December 13, 1978 meeting consist- ing of six pageg; minutes of Planning Commission for 1/10/79 consistin~ of three pages; memorandum from applicant on Comprehensive Plan Amend- ment consisting of four pages; staff report of 1/14/79, minutes con- sisting of four pages dated February .14, 1979; letter from D. Stolp dated March 5, ].979, Malcolm Magruder letter dated December 20, ]978 as chairperson of Upper Grandview Neighborhood; Tim Miller, 83]. Hanzcnl Lane, Dr. Virgil Hulse dated 1/26/79; Chris Held dated ~/24 supporti~g Comprehensive Plan Amendment. MayorPrickett opened the public heari~ Attorney Sid Ainsworth representing H & S Construction said he wag n~t aware of continuance as there had been tentative approval of the plat and only two conditions were being sppealed and one wss added by Coun- cil. Following that action, continued Ainsworth, the matter was taken . Regu~';--Meeting Ashland City Council 4/3/79___pg. SUSITNA itEIGHTS cont. PUBLIC HEARING ON ZONE CHANGE NO. 57 (Kneebone) to Circuit Court where it is at present. Ainsworth said that the City is violating it's own ordinance covering procedure for appeal and any action taken would be in violation. David Hoffman, 345 Scenic, asked for clarification on the Hill Amend- ment and asked if it still stands. Prickett said the matter is in the courts and that a ruling will either uphold the change done in the tlill Amendment or decide against it. Prickett said when this was discussed it was tabled until traffic survey could be made and to be continued when results were available. Almquist noted that Public Works Director was absent during the report and asked Alsing to revie~ matter. Alsing reviewed the problem of unimproved streets and said in the past few years many of these streets have been eliminated and gave reasons for such undesirable streets as being difficult to maintain because of extra work on side ditches, debris & granite collecting, need of grading rather than snow plowing (noted City has only one grader), dust problem and added that to dust oil would still leave the shoulders and ditches untreated and said that where an unimproved street would be designed to go through private property, it would be undesirable because of the possibility it might be blocked off. The Mayor closed the public hearing and turned the issue back to Council. LasTs pointed out tbe whole thing can be decided on when the developers decide they can live with the conditions. Laws said when the develop- ers go in for their building permit and are turned down because of the Comprehensive Plan density criteria, then it will be understood. 8alter said we did not make findings of fact and we were waiting for the study of the area for findings of fact to reaffirm their decision in upholding conditions of Planning Commission and the additional one we added and findings that were brought back. Planner Box said that the development would never get to the permit stage because the final plat would be rejected as not in conformance with density. Laws move~ to deny subdivision and bring in appropriate findings of fact on wh~ch to base denial; Pbelps seconded and on roll call passed nnanimously. City Administrator Almquist read a memoranuum from the Planning Com- mission dated-October 10, 1978. Almquist asked that the following be made part of the record: Applicant's Statement and Staff input -- 4 pages; Applicant's address to State Goals - 7 pages; Staff Reporu dated 9/13/78 - 5 pages; List of subdivisions developed from 1977 present and map showing location; Vicinity map showing proposed rez~n- ing; Public Hearing Notice, 9/13/78 and Planning Commission minetes ef 9/13/78. Almquist reviewed the request saying that the area is includ- ed in the Hill Amendment which fezones the area to rural residential, Mayor Prickett opened the public hearing and Attorney Tom Howser in favor of the application on behalf of Kneebone and said the action of the previous hearing and consideration taking place on this one should not be predicated on the Hill Amendment ordinance to the Comprehensive Plan which is being read for the first time later on the agenda. llowser said that the zoning application along with findings should be considered on ~at the Comprehensive Plan called for at th~ time of that application and at that time was in compliance with the ~eJ~ulaE_~jeeting Ashland City Council 413/7~ F~. 4 ZONE CRINGE NO. 57 (Kneebone) APPEAL FROM MLP 79-21 H & S Construction MINUTES OF BOARDS, COM- MISSIONS & COMMITTEES OAK Kq~OLL BAR & REST. Transfer CP~HOUN WATER CONNECT P~QUEST O/S CITY HB 2872-HANNON LETTER Comprehensive Plan. A decision on evidence submitted at one hearing can't be acted on using a subsequent criteria. Howser said on the issue of low cost housing that there is no such thing today. Howser said that low cost housing would necessarily be located in the City within walking distance to town and obviously not in the rural areas because of transportation etc. for ~he elderly x~o in most cases would have the need for low cost housing. Howser said that a traffic goal is not met by avoiding ~t but planning for it. Howser said that by the time streets are taken out of the area there would be about 28 lots left all of which will not be developed at once. Almquist asked that Traffic Survey Report & Comp Plan Amendment be made part of record. Malcolm Magruder corrected location d request saying it is located Soutt of Orchard and East of Westwood, and said he is opposed to the density of the proposed Kneebone Subdivision.. Barbara Rosentreter, I Birnum Wood Way agreed with Hewswet on the issue of regression but said we must plan for orderly growth and from the results of the traffic survey the only way to change the problem would be to provide for density suitable for that particular area other than tearing-up the whole hillside at a prohibitive engineering expense. Rosentreter said she doesn't think Howset is speaking to the issued heard in previous meetings relative to the Hill Amendment. The public hearing was closed. Ragland moved that Zone Change #57 be denied and that Staff bring back traffic findings showing inadequacy; Phelps seconded and on roll call motion passed unanimously. Planner Box reviewed the dircumstances on which th~ appeal is based saying that the one-year waiting period since approval will not be up until this Fall and that H & S Construction appeal is in order. Owner/Applicant Jere Hudson spoke and said that because of correspond- ence he had received that he had misunderstood. Hudson apologized for everyone's inconvenience and agreed to wsit until the year is up before continuing with his development, Laws moved to uphold appeal; Hamilton seconded and on roll call the motion passed unanimously. Phelps moved that minutes of boards, commissions and comnittees be accepted as submitted and placed on f~le. Hamilton seconded and on voice vote, all YES. City Administrator Almquist read a letter from Harry Skerry, Attorney- at-law representfng Mr. & Mrs. James Branham relative to lease of Oak Knoll bar and restaurant. Almquist said all that would be necessary is a memo that transfer is acceptable. Ragland so moved; Hamilton seconded and on roll call, all YES. A letter was read from Charles A. Calhoun requesting water service out- side the City Limits at 135 Mistletoe Road and location was shown on attached map. On question as to whether location was inside Urban Growti Boundary Phelps asked that matter be postpoued until next meeting at which time there will be clarification of boundary. City Administrator read a letter from Senator Hennon relative to auto inspection program for emissien control, and said letter has been sept- Phelps asked that another letter be sent at this time. 4/3/79 Regu~~ '-~et~ng Ashland City Council 4/3/79 ~ 5 66 UNIT MOTEL ZC PUBLIC FORUM CABLE TV RATE PJ~ISE PRECIPITATION TO DATE VINTAGE INN LIQUOR LIC. COMP PLAN AMENDMENT 79-12 FINDINGS OF FACT-Richards VISITORS & CONVENTION BUREAU REPORT & RECOM. ENERGY COMMISSION WATER PJ~TE MEMO HILL AMENDMENT TPJ~NSFER OF APPROP. A memorandum from the Planning Commission relative to Zone Change, Conditional Use Permit, Annexation and Site Review for proposed 66 unit motel behind Knight's Inn was read and the Mayor set the date for a public hearing for May 15, 1979 at 7:30 P.M. in the Council Chambers. Rod Reid, Chairman of the Historic Commission reviewed the proposal to have Lithia Park designated by the National Trust and asked Council for direction. After a lengthy discussion on possible responsibilities imposed by federal governments future improvements, use etc. Council agreed that clarification should be available on such points before final decision or recommendations are made and asked Staff to get such clarification from Parks Commission by letter for further study. The City Administrator reported on the proposed rate increase by S. O. Cable TV as it relates to other Valley cities and said he found the raise consistent. Hamilton moved to accept letter; Medaris seconded and on voice vote, passed unanimously. Director of Public Works gave a report on precipitation and said although it is a little low at this time that the snowpack has a high content of water and there is no reason to worry about drought year conditions at this time. At any rate Alsing said that we could turn to the new Intertie line should it be deemed necessary later. A change of ownership and location for Vintage Inn as applied for by Gregory & Marilyn Stevens to operate at 31 Water Street was consfdered. With assurance from Chief Lively that there is no problem, Ragland moved to approve liquor license application; Phelps seconded and on roll call, all YES. Ragland moved to adopt Findings of Fact and Ozder, denying Comprehen- sive Plan Amendment No. 79-12 and Sims seconded the motion which passed unanimously on roll call vote. A report from Ashland Visitors and Convention Center for 1978 was submitted and Phelps moved to accept and place on file; Ragland seconded and on roll call, passed unanimously. A recommendation from the Energy Conservation Committee was considered in which the Committee would be charged with investigation of factors relating~to the feasibility ef alternate energy supply sources such as wind, solar, wood waste etc. Sims moved to include as Item 6 under responsibilities as set forth previously; Phelps seconded and on roll call, all YBS. For information only. First reading was given an Ordinance Amending the Ashland Comprehen- sive Plan and Phelps moved to second reading; seconded by H~ai!tGn and passed unanimously on roll call vote. Finance Director Nelson reviewed rationale for utility transfer from water bond fund and Almquist read the resolution transfering apprcpri~- tions within funds. Laws moved to adopt; Hamilton seconded and on roll call passed unanimously. 4/3/79 Pg. 5 CONDOMINIUM RESOLUTION CITIZENS PLANNING ADV. PLAN~NING COMMISSION HOSPITAL BOARD COUNCIL LIAISON REPORTS ENERGY CONSERVATION City Administrator Almquist read Resolution of intention to refer pro- posed ordinance amendment pertaining to condominiums to Planning Comm- ission and Hamilton moved to adopt; Laws seconded and on roll call, motion passed unanimously. Mayor appointed Marilyn Shargel, Larry Goodreau and Marilyn Dapses to the Citizens Planning Advisory Committee. Laws moved appointments be confirmed; Hamilton seconded and on roll call, all YES. Mayor Prickett submitted the name of Jeff Barnes for Council consider- ation for appointment to Planning Commission and asked that it be placed on next agenda for action. Mayor suggested Judy Schaffer and Dr. William Sager for theHospital Board and said the appointments would be on next meeting's agenda. call, all YES. Sims moved to place item on agenda regarding Conservation Seminar; Phelps seconded and on voice vote, all YES. Sims moved to authorize up to $200.00 for employe or Staff member to attend Conservation Conference; Ragland seconded and on voice vote, DEPARTMENTAL REPORTS Rag]and moved to accept Departmental Reports and Hamilton seconded the motion. On voice vote, all YES. ADJOUR~IENT Na~E~. FraDklin City Recorder Meeting adjourned at 10:40 P.M. Gar~yL.p~ rickett Mayor ih