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Home My WebLink AboutExhibits - Unitarian Church RECEIVED -- MAY 0 3 2005 City of Ashland City of Ashland Planning E.xhibit Exhibit # Of! PA # ~oLf-150 '_I ' ' DatEt)Jjh.LSta~ 1,0 ~\,h{;HI 11 l~1[iD ('~1(il{(1 ' {lJ,j~v,,(~Cl r1( \ ~\< t'!\_1 d ..J, (I L I. /l -L C f { ..--::s;F ) Au l/,'-'1 (U Ut d ,,(f1 i(i.1 .1 LI?[ '\ -( DlM1 -ItV' h~1('s( (J(WS" fit! Yrff! Fw 1(\t C0w.dl . (10 i711 S{rfff) . ,M~J C l\ll( Nll'\ \, a:e l,\,tth ~vr IV\~ . i ,~( C ('f j7vrl?f/1f Tt1f'f( IS /10( jtAf(7~ft/t r fC1ltL/f)C Fv fW (t11V'{-A ,(,t~A(;\ tf It-i1A(0 S~efV\ ~) ~yW1 +(fUr l ~~J fC1({(~~ -j(1L{ C ~\t1 v( [1 tt~H \; \,-llil cI be f Vf VI 1+1 Lry e. 1Y"fAc}rav~I.AS r\~'0lJ~A ~ ,', ()(e~~ O(MI.6~-kt1/). IS)'CIL.. ! WI SO~Yl \'v'v~ f\O~ C(~Ju. . -fa. C ~lV 1v -ft,,: illJ('{~~(, 1 d. ,-c\ y'v\Ci K-! It tv., .-{tv I aJ I ~'V1( t' h ~ '\. 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"..- r ~~-, \ \. ~ t^-l~l 'I) 7l;D\ MLS Two Line Report (219) Page 1 of 1 Two Line Report Property Type: Residential Property Subtype: Residential Area: Ashland Status: Active Price: 300.000 or less Listings as of 05/03/05 at 1 0:52am Property Type: Residential listing # DOM listing Price Price I SqFt Address Beds Area City & ZIP Status Type Selling Price SP % LP Listing Office Baths Lot Sz SqFt 252123 26 259,000 215.83 684 Normal Ave 3 Ashlnd ,II,shland 97520-2430 Active 04/07/05 RESI Gateway Real Estate 2 (1 1) 1200 251803 56 279,000 330.96 800 Ashland St 2 Ashlnd Ashland 97520 Active 03/25/05 RESI RE/MAX Realty Group 1 (1 0) 0.130 843 251369 55 289,000 205.40 159 Crocker 4 Ashlnd ,II,shland 97520 Active 03/09/05 RESI Coldwell Banker Pro 2 (2 0) 0.050 1407 252144 25 299,000 262.28 210 Jessica Ln 3 Ashlnd ,II,shland 97520 Active 04/08/05 RESI Patricia Sprague Rea 2 (1 1) 0.120 1140 Presented By: AI; Ross / Gateway Real Estate Featured properties may not be listed by the office/agent presenting this brochure. All information herein has not been verified and is not guaranteed. City of Ashland Planning E;<hibit Exhibit # 01 Z- PA #~"-IS'Z) Dat~])taff~ http://somls.rapmls.com/scripts/ mgrqispi .dll 05/03/2005 QUTI1 M. HILLEn PlllLIP C. LANG. LC,\;W 758 f) cS,1 teet · l\!ihland, ()rcC\ull 97520 QC~ldcncc :)41 - 48'2-8659 Ofhcc/l\l\ ',41 - 48'2-5'387 May 2, 2005 C't p/ Y of AShfand anntng EXhib' EXhibit It (, ~.JJ PA # 7 ~AiJ-L J DatfF,~~ ~)taff~ To: City Council Mayor Re.: Appeal of Planning Action PA-2004-150 Assistant City Attorr~memo of 4/15/05 I have just received a copy of Mike Reeder's memo to the Council "clarifying" the issues of the appeal. Unfortunately. it is both obfuscatory and totally incorrect. In order of Significance to the Appeal: 4. Failure to Meet the Requirements of a CUP Mr Reeder misses the extremely critical fact that the current structure itself is non-conforming. The building, regardless of its current or possible use, is non-conforming. CHECK WITH PLANNING STAFF! A such it does come within the purvue of Section 18.68.090, which specifically preclues its expansion/extension. The ordinance precludes legally approving this application. Mr. Reeder is absolutely incorrect when he states, on p. 2 of his memo that "the target uses of the zone are the 'permitted uses' as found in Section 18.24.020, which among other uses allows for multi'-family dwellings, nursery schools, home occupations, boarding houses." The specific and single target use of the R-2 zone is low-density, multi-family residential housin:~ (up to l2/acre). All other U3es are only permitted with a CUP. There is a vast difference between "target use" the primary and most important use of a zone, and "permitted Ilse" _ uses that may/may not be allowed with a CUP, which are second.-order uses. Mr. Reeder also states (p. 1) that "churches and similar religious insti- tutions are the first listed conditional use." The fact that churches are listed first has absolutely no significance as to priority. There is no reason why churches are listed first; no assumption of their somehovl being a superior use is warranted. Response to Reeder Memo of 4/15/05 - p. 2 Mr. Reeder responds to my statement that the process was flawed by stating that this appeal is de novo, and that my criticism is therefore irrelevant. The appeal hearing is de novo insofar as new information and testimony may be added. In the justice system, appeals cannot be based simply on dissatisfaction with the J:udgment. Appeals are made on technical, procedural grounds and stand or fail on that basis. This appeal \-lhich cites procedural and technical errors - misfeasance - might not have been necessary had these errors not been committed. Mr Reeder responds to my statement about loss of affordable housing by stating that "this is not applicable criteria (sic) for a conditional use permit." This strikes me as cynical - and incorrect. Allowing the applicant to remove affordable housing from the inventory countermands avowed, stated and restated public policy. The PC has no right or power to countermand public policy set by the Co~:L/Mayor. Although he does not state it directly, Reeder admits that staff made the mistake of comparing current CUP-use to proposed CUP use to determine impact. He does this by charging the council: "this Council needs to compare the overall use with the target use (9 residential units)." (underlining added). What immediately follows in Mr. ]leeder's text is absolute Orw2llian "doublespeak" amd ':\newthink". He argues that the conditional use language does not call for absolutely no greater effect.. .on the livability of the impact area when compared to the target use.... (Section 18.68.990" (underlining in original), but simply no ;z,reater adverse material effect on the livability.. ..", which he takes to be a looser standard. Ask anyone how they would restate "no greater adverse material effect" (the language of the ordinance) and they would say: "any greater adverse material effect". "No greater" means "any greater" and any (neaning some greater) adverse material effect is exactlY what the proposed development produces when compared to the target- use of 9 residential units. Hr. Reeder properly points out that I am mistal~en in stating that a parking variance was requested and granted. It was neither requeste~ nor granted: But in doing so, Mr. Reeder points out a major problem with this application, and a general problem in how staff operates that is properly a part of this appeal. The applicant admits that 56 spaces would be required to accomodate all three buildings (sanctuary, social hall, teen center) in the applicant's Project Narrative of 11/5/04 - p. 13. The applicant deals with this problem by making the preposterous, unenforceable and unverifiable statement that never, at any time, will all three accomodations be used simultaneously!. This "reduces" the parking requirement to 27 spaces. The applicant then "looks good" by using the backyard of what should be an affordable housing unit to gain 5 more spaces, and leave a shortage of only 8 spaces. Who carne up with this prepost0coUS conclusion? The same one who wrote the findings - the applicantJ Staff simply accepted this proposition as unquestionable and - mirab11e dictu - the parking space requirement was cut by more than half! 11 i)~s- V/~r- jos- - ~top whining ahout .affordahle housing in town On affordable housing: We already have it in Ashland. !! Those Who can affordit,'Uve here. That's how it ought to ! be. On, Lincoln: Lincoln j Elementary school should be I listed and sold. It should have ! been done years ago. Ashland , will never need four elemen~ ( tary schools and the proceeds i will sure help the. school dis- I trict. Leasing would be OK, 1 but there doesn't seem to be . ! any potential tenants willing i to pay $288,000 a year, plus t taxes and insurance for an old r school with a playground. ; Stop whining. Little Johnny ! and Molly wouldn't know i what school they are in if the ; parents didn't make such a ! big deal out of it. On politics: ; Bush won. Republicans rule. I Get over it.. .4. Chris Thompson Ashland IF YOU DENY THIS APPEAL, THIS IS THE KIND OF MESSAGE YOU HILL BE SUPPORTING ABOUT AFFORDABLE HOUSING IN ASHLAND. QU'I'n M. JYlILLISQ 758 1) 2<)( red . ;\>,hland. Ore-sun 97520 J:k"ldcllcc 541 · 48'2-8659 Ollll'c/l'd" J.l1 · 48'2-5'31:)7 Hay 2, 2005 PIllLIP C. LAt\G, LC,,\\, SUMHARY OF SPECIFIC ISSUES RE.: PA-2004-l50 AND ENDEMIC PLANNIN~ PROCESS ISSUES ISSUE Failure to apply 18.68.090 Violation of City policy (affordable housing) Failure to com- pare proposed use to target use ("impacts") Impact Assessment Elimination of need for more parking/variance SPECIFIC TO APPEAL? Yes-makes development illegal Yes - staff so informed P.C. Staff error Yes -staff allows/accepts applicant's assessment when "burden of proof" is on applicant Yes - again the applicant's "word" becomes "law" (Findings) Prejudicial Yes - by P.C. remarks, pre- judgments - conditions favoring developer. ENDEMIC TO PLANNING PROCESS? Yes - P.C. ignorant of ordinances, doesn't ask or question staff about applicable ordinances Has happened before on other policy issues Yes - P.C. ignorant of rules or doesn't ask. Unquestionably accepts P.D. directive interpretations. P.C. is very "impressionistic" on this issue and often prejudiced in favor of developer (v;lz .ma:ke-up of .GQI}lm.) Yes - (eg. A. St. Mktplace) Yes - all the time. r , ' ';, ~ r .. .~~. .. If' I " "---- .. . , <-J , ltJ ~~ - ". ....... ~ Ln- ~ ... ~ " ... ,.. .. .;. --. ... .... ~ Vl ~ I u - ~ - ....... - ~~ ---...,... f I ~ \.,. ~.~~' ,,;ft c Ol. IY) ~ ~ ...... I <-.) -,,~. t'~}'~"~ '. " I ~ ~ ----- V) 1..- '1t.1 , ,. I I! I ~'f~'l~' . ~ .., t(" (t~ ~,g :... '~. U.l ~ ~ <::> ~ \A .r:: LU I 9'.!:\.- If.) OJ 'lie ..r1. <t: c."".... VI i ~.~ ~t!;.'~) I l. -,~ ,K <I, ;,C' . ~) B~ !~~.: C'__ :_-1: ~ ..<1..,...,......_-.:1--,,) 7"~'.""..' 1- ~'C i ( + ' . )', I , ' 'j "~ 00 ~ --- .r. ~'\ ~I~' I'" \: ,.. A ~~ j;L , ~ ~ I'~ ~, .;l:....~~~ 7"~~' 'l> ~ . ,~. "'Iil .~ '- , , r ... . ..' . l' ,/ ." . I j I ' - / ? ',' - ',. . ' ~' I " ')1:\: ">.'. ..~;~. ~,"; ,~ ':,."" 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