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HomeMy WebLinkAbout1975-0520 REG MINMINUTES FOR THE REGULAR M~ETING ASHLAND CITY COUNCIL i~Y 20, 1975 Roll Call Approval of Minutes Council Meetings Departmental Reports Lithia Mill Property ,Public Forum Oak Knoll Annexation Mayor Prickerr led the Pledge of Allegiance and called the meeting to order at 7:30 p,m, in the Council Chambers on the above date, All members were present. McCannon moved that minutes for the Special Meeting of April 29; Regular Meeting of May 6; Adjourned Meeting of May 8, and Executive Session of May 12, 1975 be approved and placed on file; McDowell seconded and motion passed unanimously on voice vote, Hoffarth moved that Departmental Reports for month of April, 1975, and minutes submitted 'from Boards, Commissions and Committees be accepted and placed on file; Allen seconded and on voice vote, passed unanimously. City Administrator Almquist read letter from County of Jackson Board of Commissioners relative to proposed saleof Lithia Mill property. Mayor Prickett appointed McCannon, Chairman, McDowell and City Admin- istrator Almquist to meet with Commissioner Tam Moore and to return with recommendations. Joe McVey commented on the Ashland City Questionnaire being enclosed with utility bills and criticized #7 stating that the figures are misleading because nontaxable property is not included in the language Mayor Prickett explained that the questionnaire could' not possibly include the full story and in order to avoid confusion was limited short explanations and that the point brought out by McVey is well tak There were no other comments from the audience. Councilman Laws opened the discussion on Oak Knoll by stating that jus about everything had been brought up on the proposed annexation and chances of something coming up to change his vote for annexation would seem remote but felt that to delay such move until the Comprehensive · Plan is completed would not cause too much of a problem and suggested that Council go on record with some intent in the matter and barring unforseen difficulties go ahead with annexation plans. Laws cited the lack of city-owned electric utilities as cause for some hesitation. Ragland asked what costs to the City would be when annexation fees are used up to which McCannon answered that it would cost $17,000 a year t service but $13,000 revenue in taxes would come in annually. Allen sa he feels the area is already a part of the City with the water and sew systems hooked up and that there will be a limited number of units and the City Viii have the right to put new utilities on other land. Allen urged that Council make the decision once and for all. McDowelt said that if areas are considered to be part of the City because they have water, then we may as well let them all in and added that she doe not feel it is fair to the people already paying part of City expenses through the cost of utilities. Hoffarth reminded Council that reside~ of Oak Knoll were invited to become annexed by submission of a petitic for annexation which they did and now feels that City is obligated to go through with proposal. McDowel! stated that at that time Council ~! not aware that PP&L would not consider selling time electric system the Page 1 5/20/75 R_~e~ul~r ?reeting Ashland City Council Oak Knoll Annexa- tion cent. McDowell said some of the petitioners could have signed out of fear of losing water service and wondered if t~ey would still sign petition. Allen moved that Oak Knoll area be annexed contingent on annexation agreement being enacted between City and B & G properties. Hoffarth seconded. Ragland moved to amend motion to annex only the area now developed, not the 53 additional acres of undeveloped land. McDowell seconded. Allen commented that the City could gain revenue by extend- ing services in new development. McDowell said that we can extend line but~ide City by State law. City Administrator Almquist said this would be in variance with past policy. City Attorney Salter said such instel ation could bring us into court. Ragland said he is concerned that after annexation the Planning Commissien might be asked for higher density development. Laws and Allen agreed that anaexation agreement would protect City and that any changes would have to come from future Planning Commissions and Councils but im the interim the annexation agreement will give protection. On Ragland's motion to amend Allen's motion by including developed area only for annexation, McDowell and ~gl~nd voted YES on roll call while Allen, Hoffarth, McCannon and Laws voted NO. Motien to amend failed. Laws said that if motion for annexatiom is defeated he will vote for annexation upon completion of Comprehensive Plan should no further problem arise as a result of plan. Allen said that if we wait for Comprehensive Plan everything will stop until 1976. Prickerr said that a few months ~elay would not make any difference as long as the agreement ~s being drafted. On Allen's motion to annex, Allen, Hoffarfn and McCannon voted YES. Laws, McDowell and Ragland voted NO. ~l~yor Prickart broke the tie by voting N0. Motion for annexmtic~nwas defeated. Mountain Ranch Subdivis- ion Master Plan Cynthia Lord of 710 N. Mountain Avenue said the Comprehensive Plan Committee is studying the availability ~f water, how much of a burden the Oak Knoll area'would create on the system and overall costs. ~Iayor Prickerr said our obligation ,to furnish water was made by agreement in 1962 and is not a question. Otto Frohrmayer stated the question of supplying water was a result of a communication from the League of Wome Voters in which City's right to sell water outside city limits was questioned. Carl Cross, member of Comprehensive Plan committee caution ed Council on gravity of decision involving territory across the free-- way and the possible impact on future growth. Laws moved that Council show intent to/~nnex Oak Knoll ar~a upon com- pletion of Comprehensive Plan if there Us no adverse information: Hoffarth seconded and on roll call, At[an, Hoffarth, McCannon and Laws voted YES. Ragland and McDowell voted ~gainst the motion, The Master Plan of the Mr. Ranch SubdivEsion was presented by the City Administrator who said that it would be recorded with Ordinance if acceptable, McCannon moved for acceptance of Master Plan~ Ra~]and seconded. City Administrator Almquist ~ead change in agreement callin~ for each unit to be developed in accordance with the ordinances at the time it is approved (no "grandfather" c~F~ause for whole development.) On roll vote, motion passed unanim~usty. 5/20/75 Page 2 Meeting Ashland City Council Ea_le 3 Bicentennial Committee Report Student Dinner Swimming Program Winburn Way closure Noise Permit (SOSC) Audrey Soderherg, Chairman of the Bicentennial Committee, submitted a request for designation of Ashland as a Bicentennial City'by piedgin! support of projects at no cost to City and to agree to observance of Bicentennial projects "Heritage of 76". Soderberg presented letters o~ support from many organizations in Ash!and and asked for approval befo~ June 4th when the aoplication will be filed in order to qualify for th~ flying of the Bicentennial flag on July 4th. Also requested to be set aside for celebration was July 1, 2, 3, and 4. Allen so moved; McCannon seconded and on roll call, all YES. Mayor Prickett congratulated Chairman McCannon on the success of the annual Student Awards dinner. Councilman Hoffarth reported on Swim Program set up for youngsters fror kindergarten through high school who live within tile City limits and explained the use of swim cards by color code and the posting of days designated for particular greup on flagpole on Plaza. Mary Ann A]ston. Jean Webb, Anne Sanford and Donna DeVoe were named as coordinators for the program assisted by volunteers to help process tickets at the pool. Tickets for the twelve week swim session will be on sale at the senicr ~igh and junior high school on May 30th and at senior high on May 31st, Unless support by County is given, the City subsidy will amount to 17¢ p&r swim - or a total amount of $2,~O0, the total cost of the pro- gram $9,600. $7,200 will be returned from sale of tickets and those needing financial assistance were invited to call coordinators for further details, Helene Lamica offered to set up Arts & Crafts projec~ for any children interested in this type of recreation and said the cos~ of materials would be negligible. Prickett said he hoped that people who wish to get involved in volunteer recreation work will attend the Recreation Advisory meetings. Hoffarth said that A1 Will- statter offered to have sufficient life-guards on duty and have adequ- ate isnurance and can give us "hold har~.~less" letter and wants an agreement written ~p. McCannon moved to approve with understandinE that an agreement would be drs. wn up and that program be subsidized with revenue sharing funds; McDowell seconded and on roll call vote, passed unanimously. City Administrator Almquist presented request for closure of Winburn Way for the June 1 graduation of Phoenix High School in the park from 1:30 to 3:30 p.m. Allen moved to grant request; McDowell seconded and motion passed unanimously on roll call vote. Prickett said he had received request for noise permit from 11:00 a.m, to 1:00 p.m. on May 29 at Southern Oregon State College at the Student Union lawn. Student representing John Rogers, Student Body President explained that there would be only two guitars snd the location wculd be relatively far from other buildings. McCannon moved to approve; Hoffarth seconded and motion passed unanimously on roll call vote. 5/20/75 Page3 Re~!~ '~ting Ashland City Council PUBLIC tlEARING Appeal - CUP N0. 164 Mayor Prickett opened public hearing concerning appeal of Planning Commission approval of Conditional Use Permit No. 164, filed by R. C. Cottie, Attorney-at-law, on behalf of Phillip W. and Eleanor Smith. Planning Technician Himes showed slides of the site of the proposed medical building to be located at 472 Scenic Drive illustrat-. ing the deteriorating condition of existing structures and debris on lot and entered material as Exhibit "A". Exhibits '~" through "G" were posted on wall showing plot plan, elevation, floor plan and land- scape plan. Rimes said the findings are on file and that additional findings submitted were letters from Dr. William J. Sager on behalf of himself and Drs. Clark and Stonebrook as applicants, dated May 12, 197 and a letter from Jackson County Medical Society dated May 19, 1975. The'Planning Department Staff Report of April 9, 1975 was adopted as findings by Planning Commission. Richard Cottle said he was present on behalf of appellants, Philip and Eleanor Smith and said he would make presentation later in hearing. Representing the applicants, Drs. Sager, Clark and Stonebrook, was Attorney Kip Lombard. He stated he had no idea on what basis the appeal is being made as the Planning Commission had adopted the find-- ings as contained in the Staff Report and had granted the conditional nse permit~ Lombard said there were a number of individuals living ~n the area of proposed building who wonld speak in support of the plan~ and asked Cottie the reasons for the appeal fin order that he might rebutt. Cottie stated that he would go into the matter if there is a burden on the agency by their standing by the findings as approved by the Planning Comnission. On question by Mayor as to which legal reprez entative should proceed, Salter stated that the ordinance calls for burden of proof that all findings are present be placed on applicant. Lombard proceeded by inviting each of the Doctors to comment on find- ings as required to establish conditional use of the property involved Dr. Peter Clark said that the proposed use would not adversely effect the health or general welfare of the people working or living in the neighborhood and said it would be less noisy than a possible apartment for which the area is zoned; that there would be no significant increase in traffic; that property as it exists is hazardous and that neighboring residents are supportive of plan. Clark cited the present medical facility being leased by the Doctors and owned by the Appe!lan as hazardous to elderly, handicapped or ill patients because of the hilly terrain, steps and access to offices. Dr. William Sager said th City is in need of a medical community at present and in the future an there have been inquiriesas to available space for Doctors interested in coming to Ashland to practice. Dr. Sager stated further that he could see no reason they should not be allowed to have their own build ing. Dr. Philip Stonebrook said there is no possible way the proposed building could detract from the neighborhood - the building would be a single story with 4,000 feet of building, a sixty foot set-back and 40 to 50% of property to be landscaped. 5/20/75 Re~-" Meeting. Ashland City Council P~e 5 Medical Bldg. Appeal Public Hearing cont. Hospital Administrator Strowbridge spoke in support of the conditional use stating that it has been the goal of the hospital community to attract and now to keep D6ctors to provide medical services needed in this City and can see no negative results for hospital facility by new facilities of proposed medical.building. Strowbridge said that it is the trend to locate medical clinics conveniently near the hospital, hot from the availability of the Doctors and patients standpoint. Charles Armstrong, a patient of Dr. Clark, said the present location of the Doctors' offices makes access difficult and dangerous for elderly and handicapped patients and those with heart problems. He supported new construction on location which is now an eyesore. Floyd Flood, 447 Scenic, Virginia Wade, property owner at Rock and Nursery Streets, Enmett Whitham, 100 Nursery, Fred Speece, 151 Nursery, Mrs. Otis Foreman and Gary Camphellof 488 Rock Street all spoke in favor of the proposed medical building stating they felt the area to be a natural location for the medical community and one that would enhance the neighborhood. Attorney Cottle stat~ that he does not disagree with statements by Lombard, Doctors or witnesses and said that the matter should be divide into four issues (1) Public.Need, (2) Justifying approval by showing public need, (3) %~at the application is more than for conditional use and actually amounts to rezoning, and (4) hether or not use complies to Comprehensive Plan now in existence. Cottled stated that there is land available in both Neighborhood 7 & 9 for proposed use and that other areas should not be invaded while designated areas are ignored. City Attorney Salter advised Council that it could (1) Adopt the find- ings and approve conditional use; (2) Deny permit based on findings no~ meeting requirements - detrimental to people in neighborhood and (3) Relative to the Baker Case which says the Comprehensive Plans is the basic document governing zoning that the Planning Commission had no knowledge of this case when granting permit. Lombard reconm~ended that Council accept fiudings of the Planning Commission and deny appeal. Virginia Wade brought up the fact that the Hospital and Catalina Medical Building are in R-3 Zone and precedent therefore has been set. Mayor Prickett closed the public hearing. Don Laws said thaE there is no significant major objection in findings presented to show that we have not metordinance requirements. Laws moved to adopt findings, staff report and co~nunications as presented: McCannon seconded.and on roll call vote, passed un~n~mously. (Note: The entire proceedings of the public hearing have been recorded on tap~ 5/20/75 Page 5 Ashland City Council Page 6 Regula! }[eeting __ Bike Path Committee Walker Avenue Crossing Wastewater Treatment Plant Completion Utility Discount Ordin- ance - Senior Citizens Oredson Annexation Mayor Prickett opened public hearing on proposed bikeway installation, Director of Public Works A!sing reported that the Bike Path Committee has proposed that the bike path be extended out North Main Street by having cyclists pick up path at Briscoe School and have the path termin ate at the overcrossing and there would be options there of either goin down the old highway or over the overcrossing and if the latter is used permission would have to be sought from Southern Pacific. Alsing said there would be ramps at all intersections and appropriate signing. Ra~ land, Chairman, said that the basic engineering has been forwarded to the State Highway Division for possible modification and they will put the project out for bid. Kip Lombard, Hank Hampton and Carl Cross all spoke in support of the proposed bikeway as shown on the map by Alsin~ and ~greed that the Laurel Street beginning would eliminate the hazards of the narrow sidewalk, vehicles and pedestrians by BarS's inn. Lon~ar{ also suggested that there might be a down ramp at Bush Street. The p~Y~] public hearing was closed and Hoffarth moved to accept bikeway proposal and submit to State Highway for 100% funding. Ragland seconded and on roll ~all vote, passed unanimously. A memorandum from Director of Public Works ~lsing was read by the City Administrator requesting that stop signs be removed where automatic gates have been installed on Walker Street at the Southern Pacific cros~ ing. McCannon moved that resolution be prepared; Laws seconded and motion passed unanimously on roll call vote. Letters from B & B Contracting Corporarich and CH2M--~i!i were raad by City Administrator Almquist requesting extension of time for completion of the wastewater treatment plant, Director of h~lic Wetlos Alsing recommended extension of time. McCannon moved for appzoval; McDowell seconded. On Hoffarth's question as to what the delay might cost the city, City Administrator Almquist said that there would be for the resident engineer, Gaff Fries but that the total would be 75E refmbursible and that Fries' housing allegiance plus salary would amount to $100 per day. Hoffarth wondered if the City might be liable for the extension time of the contract because of access problems creating a Drc blem to B & B and Almquist said such a penalty had not been brought up by contracting firm, and didn't think it would be a factor. On roll call, all YES. City Administrator Almquist gave first reading of an Ordinance covering the Senior Citizen discount on utilities. McCannon movedto 2rid reading McDowell seconded. Laws brought up the fact that provision was nor made in ordinance for appointment of three persons by Mayor to qualify Epecia! cases. McCannon withdrew motion and McDowall withdrew second to delay modification of ordinance with necessary provisions for next regular meeting of the Council on June 3, 1975. First reading of ordinance amending Ordinances 1827 and 1828 relative to the annexation of certain land and withdrawing same from Talent Rur~! Fire Protection District was read by City Administrator Almquist. Allen moved to second reading; Hoffarth seconded and on roll call, all YES, Attorney Skerry, representing applicant s~id that annexatjo~ fees would be paid before second reading. Attorney Skerry asked if future chaages in plans could go before Planning Commission instead of ~oth Bodies and was told this was appropriate. _Regu~ '~eting Ashland City Council ~e 7 Ordinance-Filing'Fees Ordinance-Home Occupations Ordinance - Subdivision (Streets) "C" St. & Third Street Stop Signs - Resolution Resolution calling for Special Election Interfund Loan - Wastewater Treatment Oregon State Highway Illumination Project An ordinance amending Ordinance No. 1361, the Zoning Ordinance, was given first reading by City Administrator Almquist. McDowell moved that ordinance be passed to second reading to which Laws-seconded. roll call, passed unanimously. City Administrator Almquist gave first reading of an ordinance amending Ordinance No. 1361, the Zbning Ordinance as it relates to home occupa- tions. McCannon moved to second reading; McDowell seconded. Planning Technician Himes requested that ordinance be changed to delete the words "at least" in Section 18.55.070 (second sentance) and the completely delete the last sentence of the paragraph. City Administrator Almquist reread section as amended. McCannon withdrew motion and McDowell with- drew second. McCannon then moved that ordinance be passed to second reading as amended; McDowell seconded and on roll call, all YES, An ordinance amending Ordinance No. 1318, the Subdivision Ordinance, and Title 17 was read for the first time by City Administrator Almquist. Hoffarth moved that ordinance be deferred for next regular meeting; McDowell seconded motion passed unanimously on voice vote. A Resolution designating the location of a "stop" sign on "C" Street at the intersection of Third Street was read by the City Administrator. McDowell moved for adoption; Allen seconded and on roll call, all YES. Finance Director Nelson explained that in order to restore services that a special election should be called to levy $137,400 - 13% of which will not be collectible because of discounts and late payments so that the proceeds needed - or $119,540 will be made available at the rate of $1,2~ per $1,000 of true cash value of taxable property. ICity'Administrator Almquist explained that of the $119,540, $46,350 would be used for stree~ resurfacing and'S73,240 for maintenance to keep both services at present level. Recorder Butler said that the election will cost approximately $1,200 and~hat he believes he now has a balance of about $670 and will propose appropriate. transfer for funding of election. City Administrat- or Almquist read Resolution. McCannon meved for adoption, seconded McDowell and on roll call vote, passed unanimously, A Resolution from Director of Finance Nelson was presented and Nelson explained that interim financing is necessitated because of delay in receiving final grants for the Wastewater Treatment Plant expansion pro- ject. Laws moved for adoption; McCannon seconded and on roll call, passed unanimously. A letter from Oregon State Highway Division wgs read by City Admihis- trator Brian Almquist outlining plans for illumination on ORE99 between Green Springs Highway and Walker Avenue. The project is to be funded by Federal and State mo~ies wish no cost to the City. A letter-form agreement for project was at%ached for signature.'McCannor moved that Mayor and City Recorder be authorized to sign the project agreement; Lm~s seconded and on roll call vote, passed unanimously. 5/20/75 Page 7 Meeting Ashland City Council -Da~e 8 Committee Appts. Sewer Road Litigation · Butler er Mayor Prickett appointed Richard Cottle, Janet Mayo, Richard Calkins, Brenda Conwell and Elaine Shanafelt to the Human Resources Committee and asked confirmation of the Council. Ragland so moved; Laws seconded and on roll call all YES except Allen who opposed the motion· City Attorney Salter reported that Tru-Mix asked for a "Hold Har~Lless" agreement from the City now that a suit has been..'filed against them by Hardesty et al and that he has, on behalf of City, accepted defense and transferred it to Attorney Carter who is handling all of the defend ents' cases. Salter explained that the cost to defend all those involv would be very little. Laws moved to approve suggestion and directed the City Attorney to contact all those people involved and offer ser- vices. McCannon seconded and on roll call all YES. Meeting adjourned at 11:40 P.M. RICHARD C.COTTLE THOMAS C, HOWSER EnTTLE & HOWSER ATTORNEYS AT LAW April 25, 1975 The City of Ashland Members of tho Common Council Mayor Chairman of the Planning Commission City Recorder Gentlemen: On April 14, 1975, the Ashland Planning Commission granted the request for a Conditional Use Permit, No. 164, made by Dr. Philip R. Stonebrook, M.D., William J. Sager, M.D., and Peter L. Clark, M.D. As agent for Philip W. Smith and Eleanor J. Smith, owners of real property in the City of Ashland affected by said action, an appeal of said action by the Planning Commission is hereby made to the Common Council under the provisions of Chapter 18.56 of the Zoning Ordinance of the City of Ashland. Enclosed herewith is mir check in the sum of $10 to cover the cost of filing this appeal. ./%2 "/~" Z ,: -,' ':/ //~:" ,., -. //, Richard . Cottle, Attorney ~or Philip W, Smith ~nd Eleanor J, Smith ROVE D' / ~eanor J. Smith .:../.~ ? 5'- WILLIAM J, SAGER, M,D, 246 CATALINA STREET ASHLAND, OREGON 97520 ,,~ 7-7,,It/'//ct',*' 7 May 12, 1975 The CharDnan City of Ashland Planning Dept. City Hall Ashland, OR. 97520 Dear Sir: I would like to add comments on our conditional'use permit and site review re- quest, "Finding of Fact Request", dated April 9, 1975. I would like to add to Section 2--comments: There appears to be concern voiced by our present office building land- lords that construction of our office building might be "detrimental or in- jurious" to the income producing ability of their property now and in the future. I wish to make several observations. Drs. Clar~ S~onebrook, and Sager have leases with the Smiths which are and will be honored in all respects until they terminate. We do not wish to renew or extend these leases when they expire, and do not feel we should be forced to do so. At present, there are no other medical offices available in Ashland for an alternative. Mrs. Smith asked us to declare our intent, in this regard, 3 months ago which we did in~rriting. Mr. Lipp and his real estate broker notified us that Mr. Lipp had purchased the Catalina Medical Building in March, and Mrs. Smith instructed us to pay our rent for April to Mr. Lipp. A check for this rent was sent to ~'~. Lipp on March 31st. On April 9th, we met with the planning commission, at whdch time, a unani- mous approval was given for Conditional Use and Site Review. The real estate broker (Skyways Reality)--broker for Mr. Lipp and Mr. Smith--was present at that meeting and did not comment on the proceeding or d~scussion. After this meeting Mrs. Smith came to our office amd told us to cancel the check for the rent to Mr. Lipp, and rewrite the April rent check payable to the Smiths--which we did. After this, we understand that the Smiths raised objections to our proceeding. We do not understand why they did not object during the April 9th meeting, but did object a w~k later. If the objections raised has ~o do with their private business transac- tions, we do not feel that this should be our primary concern in regards to whether we have right or priviledge in owning our own place of ~msiness or not. At the time of our application for conditional use and site review, we were not in a position to help or hinder either the Smiths or Ft. Lipp in their trans- action, nor did we know, actually, who would end up owning the building. The The pressing 'problem for us was to arrange suitable offices for ourselves be- fore the expiring of our current leases this summer. Page Two- WILLIAM J. SAGER. M.D. 246 CATALINA STREET ASHLAND, OREGON 97520 TELEPHONE 482-2032 If the objections raised is fear of not being able to re-rent the office, we now have two other doctors definitely committing themselves to coming to Ashland this summer to begin practice. One is Harry Affley, M.D., and the other doctor has~jde application for staff priviledges at the Ashland Hospital for practice beginning in September, 1975. During the last month, the hospital has had other inquiries from pros. pective doctors. These doctors have not yet cor~mitted themselves to coming. Their names are as follows: John Maurer, M.D.; Fred Heaton, M.D.; Ronald Fitch~ M.D.~ Glenn Morgan, M.D.; David Loken, M.D.; ~obert Hamilton, M.D. It is known that Dr. Hagens .is loQking for an associate in 0rthopedics. It 'is, also, known that the community could easily use the services of an Ob- stetrician and a Pediatrician. In addition to this, there is a recent devel- opment which may require another doctor here to move ou~ of his present office and into some other available office space within the city to make room for a dental building. Also, again, I have been informed that a doctor in Phoenix would like an office arrangment in Ashland. We cannot see the reason for alarm on the part of the Smiths in not re-renting their present office building. This view is shared by our hospital administration. I would like to add to Section 3--comments: There appears to be a fear that additional doctors office facilities-in the area of the hospital might decrease revenue earning capabilities of the hospitai's outpatient facilities, and, thereby, be detrimental to the general welfare of the city. If one will look at the past t.hree year record of income from the hospit- al's outpatient and inpatient facilities, it is immediately recognized that the hsopital has benefited enormousely from the close proximity of the present doctor's offices--the Dmmediate availability ~f doctors to their patients for emergencies, and for special procedures that the doctors and their patients require in the hospital setting. It maybe argued that the new building might detract from outpatient revenues as it has a larger m~d roomier laboratory then what we are presently in. We wish to rA~ke it perfectly claear that there are no laboratory procedures contemplated on being done in the new building that are not already being done in our present building. The only difference will be that we plan additional space for our present overcrowded laboratory. We plan to continue to use the hospital lab for the same work done no-~ without change. Mr. Strowbridge has beefadvised of this, and has no objection to our continuing as we have in the past. Another argument may be that we ~ill have a small x-ray unit a~ailable for needed and necessary x-rays presently not available in our office. We purchased an x-ray machine from Dr. Turner last year that was being used in his office already. The Smiths and Mr. Lipp both ha~e already told us that they would be; willing to install this x-ray in our present office if we would agree to ext6nd our leases or to purchase the building from them. It seems that this would not be a reasonable argument against having an x-ray in the new building. I have discussed this with ~{r. Strowbridge, and he feels this presents no real problem for the hospital or the city. WILLIAM J, SAGER, M.D. 2/.6 CATALINA STREET ASHLAND, OREGON 97520 Page Th ~ T~E~/~t~f /TIN "' ~ f' ~ 5'-,~ ~:' 9~ Objections to having an x-ray unit in the new office might be raised by the hospital administration from the point of view of decreased revenue earn- ing ability of the hospital. We do not feel that there would be any real or great competition here. It would be used for patient-doctor convenience pri- marily. The AMA lists a small x-ray facility as a basic needed and necessary component in any doctors office. The Jackson County Medical Society endorses this position. We also feel it is needed and necessary for efficient,econo- mical, and convenient patient care. Nearly every doctors office in Ashland has the facility now, and we do not understand argument against it.- The present office building presents difficulties for the elderly, the crippled, and the weak in regards to easy access to and from the parking areas. The proposed new building will provide,sheltered level access at the door for these people and elimir~te present complaints from these people in regards to office visits. Dr. Sager's and Dr. Clark's patients especially need this access and convenience. Sincerely, William~/Y~jISag~,~M.D' WJS:pw STAFF REPORT CONDITIONAL USE PERMIT AND SITE REVIEW REQUEST APRIL 9, 1975 APPLICANT: Stonebrook, Sager, and Clark (CU 75-164) and (SR 75-6) LOCAT ION: Site is located located north of Nursery Street between Rock Street'and Scenic Drive at 472 Scenic Drive~ Tax lots 9800, 9900, 10000, and 10100, assessor's map 5DA. NEIGHBORHOOD CHAFj~CTERISTICS: Surrounding area is primarily developed with single family dwellings. LOT AREA: 32,00 square feet. ZONING: R-3:2.4, residential multiple family COMPRE'HENSIVE PLAN: High density residential Request is for a conditional use permit and si'he review approvml for the construction of a medical office building. Findings of Fact: Following is the applicant's response to the three conditj onai use permit requirements Yrjt'a'd"iTi"~dc'IY.m~h'Y~.56.040 (A) of the Zoning Title. , The conditions se"~ forth in this section must be establis~h,zd ~' ~ .... ~ ~-~ ~ '~ ~ sc permit ~n ~ ~-~ ' considerations are also taken into account in the following Findings: The establishment, maintenance or operation of the proposed use does not adversely affect the health~ safety, peace, morals, comfort or general welfare of persons residing or working i~ the neighborhood. a. The construction of the new facility will require the remove] of a burned residence and a rundown garage which presently are substantjlal safety hazards. b. The proposed project does not pose any threat to the morals or comfort of the co~nY~unity. c. The proposed medical facility will provide a quieter vironment than most of the permitted uses for ;l%ich the area is zoned. d. The majority of the neighbors enthusiastically endorse this project. See attached petitions. The proposed use is not detrimental or injurious to prope~rty or improvcment in the neighborhood. a. The proposed plain meets or excoeds all city requirements for lot coverage, height, setbacks, off-street parking, and landscaping. Pug CU 75-164 SR 75-6 Pl l .~'.'7- f ~ b. ~he proposed medical facility will be an attractive, modern building conforming to the Uniform Building Code, Jackson County and Ashland building requirements, and will contribute to the aesthetic quality of the neighborhood. c. The proposed building will be a single story strucfure located towards the center of the four lot site and will obstruct the view less than other permitted uses. d. The site has suitable access, utilities, area, and physical characteristics for the proposed construction. 3. The proposed use is not detrimental to the ~eneral welfare of the City. a. Approval of the conditional use permit will contribute to the general welfare of Ashland by assuring the contj.nued growth of the medical community. The applicants have been unable to locate any vacant medical offices in Ashland. Construction of the proposed facility will enable the app!i-. cants to remain in Ashland and provide facilities for foul ,additional physicians to service the Ashland Cor~nunity. b. As owner-tenants, the applicants will be positively motivated to retain their practices in Ash]and. c. The proximity of.the applicants' site to the hospital will enable us to maintain efficient schedules and provide more service to our patients. d. The proposed site and building are designe~ to be easily accessable to the aged and handicapped which make up an important part of our practice. e. Approval of the conditional use permit wj].]_ enable the applicants to increase the scope of services offered in a facility better suited to the needs of the patient, thereby iraproving the general health care available to the conm~unity. We sincerely believe that approval of this request will contribute to the general welfare of the comenunity as well as provide us the best possible facilities for the benefit of our patients. Other comments from the applicant: The applicants presently ]_ease medical office space on Catalina Drive. The present facility does not provide sufficient laboratory spece. The present locatj. on is on an excessively sloped site which makes access very difficult for older and handicapped patients. The applicants wish to keep their practice in Ashlar!d and have been unable to locate any vacant medical office space in the City. The applicants have purchased a suitable site near the hospital. Page 3 CU 75-164 SR 75-6 The proposed facility will provide offices, exmnining rooms, laboratory, x-ray, and administrative space for two general practitioners and two specialists. Regular office hours will be 9:00 a.m. to 5 p.m. The two general practitioners will see approximately thirty patients per day, spending approximately seven hours per day each in the facility and two hours each per day at the hospital. The two specialists will spend approximately twelve hours each per week at the office and the remainder at the hospital. Staff Notes: The applicant's findings of fact and the above supplementary ~3iT~iiS]{ seem adequate for granting conditional use and site review approval,. Staff would suggest the following conditions if Planning mission approval is given: The City Engineer approve a drainage plan for the designated parking area; If outdoor lighting is to be installed, a plan be approved by the Planning Department showing the type and placement of lights for outdoor circulation and parking facilities. LOTICE /~ \ Y o 50 ] C,o 1--- I Effect of the proposed Planning Comnxission - Regular Meeting April 14, 1975 - Page 8 use on the ~e~eral welfare of the city. This facility has thc potential of servin~ ss an extended care wing providir-~ a much needed intermediate step bei',,;ecn hospital care and a general nursin~ home, Ashland at this time' does not have this level of setvide available to the public Dn~ this adc~ition can be e real asset to the camunity and coreDSanest th~ functions performed by the ~!shland Co~,:~u~ity Hospltsl on t~c one hand and nursing homes o~ the other. The strategic ]oc~tion across from the ccmmu.~lty hospital Is an asset to the medical profession and to their patients ~,:ho are easily accesiblc at this site. The grouping of t?.e~ differi,~g types of facilities all dedicated to health care roeann an econom. ical servicin.~? of their needs. PUBLIC }~ARING CU #164/SR 75-5 STONEBROOK, SAGER & CLARK Request for conditional use permit #164 and site review #75-6 to allow the construction ef a medical office building in a R-3:2.4, residential multiple-family zone. Site is located st 472 Scenic Drive, tax lots 9800, 9900, 10,000 and 10100, assessor's map 5DA. Applicants were present. Himes showed photo s].i~es of the site and explained the request. He also .~ggested some condi- tions the Commission might consider if the request was approved. The following Commissbners announced they would abstain from the discussiom and vote: Hampton said his office represents the atuplicants, Billings said he'd taken part in preliminary d~cussions with some of the parties involved, and R. Hanmn said he insures all three doctors involved. Dr. Stonebrook said Ashland has ro available space for new doctors at the present time End the applicants felt this request was a needed addition in Ashland for this reason. He said when they (the applicants) came to Ashland they had no choice of wh~e to go - they had to take the offices where they are presently located. He also said one, and perhaps two, new doctors are scheduled to come to Ashland lateT this year and approval of this request would provide more_ space for needed doctors Wright asked about any possible traffic problmms. Dr. Sager said they had discussed th~ aspect with surrounding neighbors and planned to make a ~ne-way drive from Scenic to Rock. Access to the facility wuld be from Nursery or North Main and then along Nursery or Maple. This would divide the incoming and outgoing ~raffic into four ways, and thus provide a safer area for the children living nearby. The one-way drive would also facilitate arrange- ment of parking spaces for the c~nic. Floyd Flood, ~47 Scenic, said he.~ad lived in this lo- cation (across from the proposed ~linic) for 25 years and would much prefer a doctor's ~ffj. ce built in this space rather than an apartment ho.~se or duplex, because even though there would be some t~affic during-daytime hours there would be no traffic ~i night. Virginia Nade, FINDINGS OF FACT: 1. Planning Commission - Regular Mee g April 14t 1975 - Page 9 who owns the house On the corner of Nursery and Rock Streets, said she had no objections to the clinic. She said the plans for the building and the traffic patterns had been well done, and the clinic would be much better than anything else that might be built at the location and it would be an improvement to the area. There were no objections ~rom the public and no further comments, and Hampton cl~.sed the public hearing. Wright moved that conditional use permit #164 and site review #75-6 be appreved based o~ the staff recommenda- tions (in the staff notes) and u~der the following con- ditions: 1) The City Engineer approve a drainage plan for the area, 2) if outdoor lighting is to be installed, a plan is to be approved by the Planning Department show- ing type and placement of lights for outdoor circulation and parking facilities, and 3) a sign plan is to be ap- proved by the Planning Department. Second by MacGraw. PASSED by roll call vote - six YES votes, and Billings, Hampton, and R. Hansen ABSTAININg. The establishment, maintenance or operation off the proposed use does not adversely affect the health, safety, peace, morals, comfort or general ~,~elfare of persons residing or working in the neighborhood. a. The construction of the new facility will require the removal of a burned residence and a rundown garage which presently are substantial safety hazards, b. The proposed project does not pose any threat to the morals or comfort of the co~mnunity. c. The proposed medical facility will provide a quieter en- vironment than most of the permitted uses for which the area is zoned. d. The majority of the neighbors enthusiastkally endorse this project. See attached petitions. 2. The proposed u~e is not detrimental or injurious to property or improvement in the neighbor~ood. a. The proposed plan meets or exceeds all ci~-y requirements for lot coverage, height, setbacks, off-street parking, and landscaping. b. The proposed medical facility will be an attractive, modern building conforming to the Uniform Building Code, Jackson County and Ashland building requirements, and will contribute to the aesthetic quality of the neighborhood. c. The proposed building will be a single story structure located towards the center of the fo~r lot siie and will obstruct the view less than other permitted u~=es. d. The site has suitable access, utilities, area, and physical characteristics for the proposed construction. Planning Cc..~nission - Regular Mee April 14~ 19~5 - Page 10 The proposed use is not detrimental to the ~eneral welfare of the City. a. Approval of the conditional use permit will contribute to the general welfare of Ashland by assuring the continued growth of the medical cor~munity. The applicants have been unable to locate any vacant medical offices in Ashland. Construction of the proposed facility will enable the appli- .cants to remain in Ashland and provide facilities for four ~dditional physicians to service the Ashland Co~unity.- b. As owner-tenants, the applicants ~vill be positively motivated to retain their practices in Ashland. c. The proximity of.the applicants' will enable us to maintain efficient more service to our patients. site to the hospital schedules and provide d. The proposed aite and building are designed to be easily accessable to the aged and handicapped which make up an important part of our practice. e. Approval of the.conditional nse permit will enable the applicants to increase the scope of services offered in a facility better suited to the needs of the patient, thereby improving the general health care available to the commaunity. We sincerely believe that approval of this request will contribute to the general welfare of the co~nunity as well as provide us the best possible facilities for the benefit of our patients. Other conunen~s from the ap~p~icant: The applicants presently lease medical office space on Catalina Drive. The pzesent facility does not provide sufficient laboratory spece. The present location is o~ an excessively sloped site which makes access very difficult for older a~md handicapped patients. The applicants wish to keep their practice in Ashland and have been unable to locate any vacant medical office space in the City. The applicants have purchased a suitable site near the hospital. The proposed facility will provide offices, examining rooms, laboratory,- x-ray, and administrative space for two general practitioners and two specialists. Regular office hours will be 9:00 a.m. to 5 p.m. The two general practitioners will see approximately thirty patients per day, spending approximately seven hours per day each in the facility and t~o hours each per day at the hospital. The two specialists will spend approximately twelve hours each per week at the office and the remainder at the hospital. OLD BUSINESS CU #144 CONNIE GUILLAND Request for delay of the paving requirement pertaining to conditional use permit # 144. The applicant was present. Himes showed photo slides of the area and gave the Commission some background on the conditional use permit. Ms. Guilland discussed improvements that have been made since the slides were taken. She said all building code requirements for the Montessori School