HomeMy WebLinkAbout2005-0503 MIN
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 3, 2005 - 7 :00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Amarotico, Hartzell, Jackson, Silbiger and Hearn were present. Councilor Hardesty was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of April 19, 2005 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Presentation for Triniity Respite Center was given by Elizabeth Hallett. Ms. Hallet explained that the center
provides services for caregivers in addition to being a safe place for seniors where they can be physically and
mentally stimulated. She noted that the center serves as an educational resource for the community and stated
that the center would continue to be a safety net for caregivers who are having trouble managing by
themselves, as well a safe place for seniors where they can enjoy themselves during the day. Ms. Hallett
requested a meeting with the Council to discuss how to maintain the respite center long term and noted that the
center would need to be purchased in the next 2 Y2 years in order for it to continue.
Recognition was given to City Recorder Barbara Christensen for being the award recipient of the Freedom
Award given by the Society of Professional Journalists for 2005.
Proclamations of May 15 - 21, 2005 as National Emergency Medical Services Week, May 1:5 - 21, 2005 as
National Public Works Week and May 8 - 14 as National Historic Preservation Week were read aloud.
Lars Borosund with the Ashland Fire and Rescue Department noted the EMS Fair scheduled for May 14th from
11 am - 3 pm at Garfield Park.
Councilor Hearn announced his resignation from the Council, stating it had become too difficult to maintain
the balance between family, work and the demands of the Council. Mayor Morrison noted that the Council
was required to fill the vacant seat within 60 days and noted the Memo prepared by the City Recorder which
outlined the process.
Councilor Hartzell/Amarotico mls to follow the schedule submitted by the City Record(~r for filling of
Council Position #6. Voice Vote: all AYES. Motion passed.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Mark Butterfield to the Ashland Fiber Network
Programming Committee for a term to expire April 30, 2008.
Councilor Amarotko/Jackson mls to approve the Consent Agenda. V oice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Public Hearing~ and Decision on the 2005-2009 Consolidated Plan for use of Community
Development Bllock Grants Funds.
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Housing Coordinator Brandon Goldman gave a brief overview of the 2005-09 Consolidated Plan for use of
Community Development Block Grant (CDBG) Funds. He eXplained that Staff, with the help of a
consultant, prepared the plan which addresses the HUD requirements and noted that the plan varied from
previous years due Council's decision in 2002 to eliminate the use of "soft money". It was noted that an
additional change was done recently by the Council to modify the program year. Mr. Goldman stated that the
Housing Commission recommended approval of the consolidated plan and stated the public hearing was an
opportunity for the public to provide additional testimony.
Public Hearing Open: 7:35 p.m.
Public Hearing Closed: 7:35 p.m.
Mr. Goldman clarified for Council that next to each goal in the plan, there is an A, B or C ranking in regards to
priority. He also clarified that currently he is the person who handles the majority of the Community
Development Block Grant work, but noted that Derek Severson had begun to receive training so that he could
take over some of the responsibilities.
Mr. Goldman noted that there was a public participation component in the plan which is required by HUD
and explained that previously, the City held two hearings, one in front of the Housing Commission and another
before the Council, however this plan eliminates the need for the second hearing in front of the City Council.
Mr. Goldman eXplained the rational behind this decision and stated that if the Council felt it was valuable for
the public to have this second opportunity, the plan could be amended.
Mayor Morrison noted an error on page 31 of the plan; at the top of the page it indicates that "...the median
value of all owner-occupied housing in Ashland was $188,400 higher than the median value in Jackson
County, but lower than that of Oregon State", however the chart below did not support this statement. Mr.
Goldman stated that he would make this correction.
Councilor Jackson/Silbiger mls to approve the 2005-2009 Consolidated Plan for use ()if Community
Development Block Grant Funds. Voice Vote: all AYES. Motion passed.
2. Public Hearing and Decision on the Action Plan for the One Year Use of Communi!)' Development
Block Grant Funds for Program Year 2005.
Housing Coordinator Brandon Goldman gave a brief overview of the Action Plan for the one year use of
CDBG Funds for program year 2005, which begins July 1, 2005. He stated that the City had previously
selected the Rogue Valley Community Development Corporation to receive $190,000 in CDBG funds for the
purchase of 3-4 tOWTl homes which will be made available as affordable housing to low-moderate income
families. He noted that the remainder of the funds ($47,500) would be used for CDBG administration. Mr.
Goldman stated that the Housing Commission held a hearing on the annual action plan and recommended
approval of the one year use of funds.
Public Hearing Op{~n: 7:47 p.m.
Public Hearing Closed: 7:47 p.m.
Councilor Hartzell/Amarotico mls to approve the 2005 Action Plan for use of Community Development
Block Grant Funds" Voice Vote: all AYES. Motion passed.
3. (WILL BE CONTINUED TO A LATER DATE) Appeal of Planning Action 2005-00056 - Request
for a Site Review approval to add three off-street parking spaces on the east side of the building
adjacent to Rogue Place, to relocate the refuselrecycle area, and to expand the outdoor patio area of
the residence on the north side of the building for the property located at 394 Hersey Street. An
Administrative Variance to the Site Design and Use Standards is requested to locatl~ the off-street
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parking between the building and the street. A Variance is requested to exceed the maximum
allowable numb{~r of automobile parking spaces by two spaces - a total of six surfa'~e parking lot
spaces are permitted and eight are proposed.
Mayor Morrison read aloud the procedure for Land Use Hearings.
Public Hearing Open: 7:51 p.m.
Councilor Hearn/Jalckson mls to continue Public Hearing until the May 17, 2005 council meeting.
Voice Vote: all AYES. Motion passed.
4. (WILL BE CONTINUED TO A LATER DATE) Planning Action 2005-008 - Annexation,
Comprehensive Plan and Zoning Map Change from Jackson County zoning RR-5 (Rural
Residential) to City of Ashland Zoning E-l (Employment) for an approximately 1.6 acre parcel
located at 593 Crowson Road. The portion of the parcel adjacent to Crowson Road is proposed in
the Residential Overlay (R-Overlay) that allows a residential component and in the Detail Site
Review Zone which requires additional building design features.
Public Hearing OpeJt1: 7:53 p.m.
Councilor Jackson/Silbiger mls to continue Public Hearing until the May 17, 2005 council meeting.
Voice Vote: all AYES. Councilor Hartzell was out of the room. Motion passed.
5. (Continuation) Appeal of Planning Action 2004-150 - A Request for a Conditional Use Permit to
modify a non-conforming site by constructing a social hall addition on the existiing Unitarian
Church buildin~~ located at 87 Fourth Street. In addition, the Conditional Use Plermit request
includes the use of the residence at 65 Fourth Street for additional meeting spa(:e, and of the
backyard as a playground. The site is considered non-conforming because the existing amount of
off-street parking is less than that required by ordinance.
Public Hearing Open: 7:55 p.m.
Councilor Hearn requested that he be allowed to recuse himself from the proceedings due to direct conflict of
interest.
Councilor Amarotico/Jackson mls to approve Councilor Hearn's request to recuse himself from the
proceedings. Voice Vote: all AYES. Motion passed.
Councilor Hearn left the council chambers at 8:00 p.m.
Ex Parte Contacts
None
Staff Report (continued)
City Planner Maria Harris noted that there were three additional handouts distributed to the Council and
submitted into the record. Ms. Harris clarified for Council that the calculation of 108 seats came from the
Applicant's findings.
Councilor Hartzell commented that the Fire Marshall had informed her that the allowable occupancy of the
sanctuary was 207 persons, the alcove in the back had a limit of 49 and the balcony's occupancy was 57, which
totaled a maximum occupancy of 313 people.
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Community Development John McLaughlin clarified that it was the position of the Applicant, Staff and the
Planning Commission that the social hall addition would not generate an additional parking demand. He noted
that the church was built over 100 years ago before there were any zoning requirements and noted that the
proposed addition would meet the setback requirements. Mr. McLaughlin stated that this application was
similar to that of Ashland Christian Fellowship, who added an educational wing to their facilities several
years ago.
City Attorney Mike Franell clarified that if the City's code allowed the house to be converted to a use other
than residential that is not religious in nature, federal law would prohibit the City from saying that it could not
be converted to a use that's related to the church. However if the code has restrictions on the conversion of
that house for other uses, then the Council could apply that same restriction in spite of the fact that this is a
religious institution.
Mr. Franell noted that the relevant section of the Municipal Code was 18.68.090.A.2, which indicates that
when you have a structure that is non-conforming, it can be enlarged or modified as long as the addition or
extension meets all of the requirements of AMC Title 18.
Mr. Franell clarified that in regards to churches, the Municipal Code states that there shall be one parking
space provided for every four seats. He noted that previous interpretation of this section has been that the
parking is based on the fixed seating in the sanctuary.
Applicant
Tom Giordanol Agent for the Applicant and Bill Emerson/Designer for the Applicant came forward and
noted that several members of the church were also available for questioning. Mr. Giordano noted the
exhibits which were submitted into the record and stated that the benefits of the social hall to the community
far outweighed the issues raised by the Appellant.
In regards to the house, Mr. Giordano questioned how it ever got labeled as an affordable housing unit, and
stated that if the church desired, they could fix it up and sell it for $300,000-$400,000. He clarified that this
building is referred to as The Annex and is used by young adults for worship purposes.
Mr. Giordano explained that the social hall and sanctuary would not be used at the same time and gave several
examples of how the structures would be utilized. He noted that currently, the church has to move the pews to
make room for the social, and stated the social hall addition would make it easier for the church to function
more efficiently. He stated that denying this project would not decrease the parking need and stated that this
project would actually improve the parking situation because they have proposed to provide additional
parking spaces than what is currently there.
Mr. Giordano asked the Council to consider the following when making their determination:
1) the church has been there for 100 years and predates many of the buildings and uses in the neighborhood by
many years, 2) until now, there have never been any complaints about the church, 3) this proposal would not
increase the overall church use, just make it more efficient, 4) this proposal would have less impact than that
of the target use, 5) this project would actually be improving the situation by providing additional parking
spaces, 6) this application has been unanimously approved by the Historic and Planning Commissions, and 7)
the City would have the power to revoke the church's conditional use permit if future complaints were not
addressed.
Mr. Giordano clarified for Council that there are 18 pews in the sanctuary; at three feet allocated for each
person, this is how the Applicant came to the 108 calculation. Mr. Giordano clarified that the Applicant is not
recommending a more intensive use and assured the Council that there would be no change in the intensity of
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volume.
Concern was expressed by a councilor regarding the use of the space and whether the Applicant could
guarantee that the two structures would never be used simultaneously. Mr. Giordano clarified that ifthere ever
is a time when the usage gets out ofline, there is already a process in place to deal with such a situation and the
church could lose its conditional use permit.
Mr. Emerson clarified that the church had initially wanted to install a commercial kitchen so that they could
feed the homeless, but later decided against it due to the costs involved. He also noted that they would create a
buffer between the play area and the adjacent apartments by inserting large shrubs and a fence and noted that
all play equipment would be placed a minimum of 10 feet from the property line.
Appellant
Phillip Lang/758 B StreetlStated that this appeal was not related to the worthiness of the church or the quality
of the proposed addition, but based on the terms and requirements of the applicable ordinances. Mr. Lang
stated that the building, regardless of its current or possible use, was non-conforming and therefore could not
be expanded. He stated that the target use of the R2 zone was low-density multi-family residential housing and
all other uses were only permitted with a CUP. Mr. Lang stated that allowing the Applicant to remove the
house from the affordable housing inventory countermanded a vowed public policy set by the Council and
questioned what message this would send to the community if the Council denied the appeal.
Councilor Amarotic:o/Hartzell mls to extend public hearing until 9:30 p.m. Voice Vote: all AYES.
Motion passed.
Mr. Lang stated that the proposed project would produce an adverse material affect compared to the target use
of the zone and stated it was against common sense to think that the two buildings would never be used at the
same time. Mr. Lang stated that the current parking situation was inadequate and displayed photos taken on
various Sundays and stated that the burden was on the Applicant to prove that the sanctuary addition would
operate at the same or more restrictive level as the existing facility.
Those Wishin!! to Provide Testimonv
Jan Waitt/147 Man1:anita Street/Noted that she was a member of the fellowship and made herself available
for questions. Ms Waitt commented that during the week, the parking area is used by people from the
surrounding area. She stated that this is a heavily used area and does not believe that the church impacts the
neighborhood anymore than anyone else.
Staff Response
City Attorney Mike Franell clarified that the 120 day timeframe ends May 18th and noted that the Applicant had
already granted one 60 day extension.
Mr. McLaughlin clariified that the only inventory the City has of affordable housing are those structures that
have already been guaranteed as affordable units. He also clarified that churches are seen as a compatible use
in residential neighborhoods and stated that he felt the parking requirement was a reasonable standard.
Mr. Franell clarified that the applicable section of the Ashland Municipal Code was 18.68.090, and noted that
the correct wording was different than what was stated by the appellant.
Rebuttal
Mr. Giordano stated that the addition would not increase the intensity of use and noted that if it did, the City
could revoke their conditional use permit. Mr. Giordano stated that "You could even put in wording like the
Planning Commission did saying never would these two ever operate at the same time" and noted that all
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churches have overflow parking on Sundays.
Mr. Emerson noted the overflow parking from Headwaters and stated that this addition would not increase the
parking demand.
Public Hearin2 Closed: 9:30 p.m.
Council DeliberatiOl!
Mr. Franell stated that the interpretation the Planning Commission made was that the use is already in
existence and the proposed expansion would not change the criteria used to determine parking requirements.
He explained that the parking requirements are derived from the number fixed seats in the sanctuary, and
since this addition does not change the seating in the sanctuary, the Planning Commission made the
interpretation that the building could be expanded. Mr. Franell explained that there are some areas that are
open to interpretation by the Council. The first is that the code defines parking to apply one space for every
four seats, but it does not specify where those seats are located. The second area of interpretation is that a
conditional use may be expanded as long as you are not impacting areas that are already in existence. Mr.
Franell stated that thl~ Council could make the interpretation that they are going to look at the entire use,
however cautioned the Council to consider the implications of making a change from the direction that the City
has previously taken.
Mr. Franell mentioned that AMC 18.104.050.A lists the criteria for how to determine impact.
Comment was made that it would not be appropriate to reevaluate how the parking requirement is determined
and opinion was expressed that the Council should not apply a much stricter standard here when they have not
done it this way before; If Council wished to address this issue, it should be handled separately.
Councilor Jackson/Amarotico mls to reject appeal and approve the application per the Planning
Commission findin~:s.
Councilor Amarotko/Jackson mls to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion
passed.
DISCUSSION: Mr. Franell clarified that the Planning Commission had made an official interpretation, but
there had not been one made at the Council level. He stated that if the Council approved this application, they
would also be approving the existing interpretations, which would make it much more difficult to reinterpret
this later. Mr. Franell noted that the Applicant had stated that there were 108 seats in the sanctuary and offered
the Council an explanation for how this number was determined. He stated that it was up to the Council to
weigh the evidence and determine whether or not they were going to accept the existing deficiency in parking
and only look at the additional impact from the expansion or whether they wanted to look at the whole
deficiency issue. Councilor Hartzell expressed her concern regarding encroachment in the historic areas by
growth from commercial and non-residential uses. Councilor Jackson explained the reasoning for her decision
and stated that it was important to stay with the method that has been used before to estimate parking. Senior
Planner Maria Harris clarified that the applicant had said in their application that they would not use the two
structures at the same time, but there was no specific condition for this. She commented that the Council could
add this condition.
Councilor Silbiger/l-lartzell mls to include a condition that the social hall and the sanctuary are not used
simultaneously and a second condition that the use of the sanctuary be limited to the 108 seats as
stipulated by the applicant. V oice Vote: Councilor Hartzell and Silbiger, YES. Councilor Amarotico
and Jackson, NO. rYlayor Morrison, YES. Motion passed 3-2.
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Roll Call Vote on original motion as amended: Councilor Amarotico, Jackson and Silbiger, YES.
Councilor Hartzell, NO. Motion passed 3-1.
PUBLIC FORUM
UNFINISHED BUSINESS
1. Council election of Audit Committee member.
Postponed due to time constraints.
2. Adoption of 2005-2006 council goals.
Postponed due to time constraints.
NEW AND MISCELLANEOUS BUSINESS
1. Adoption of Findings for Planning Action 2004-105 - R&C Investments - Mountain Pines
Subdivision.
Assistant City Attorney Mike Reeder gave a brief explanation of the staff memo on this issue and noted that the
findings had been modified to reflect the Council's decision and reason ing.
Councilor Jackson requested that page 43 of the findings, under # 1, the last sentence be amended to read, "An
existing dwelling will continue to exist but not as an Accessory Residential Unit (ARU)."
Councilor Hartzell suggested that three sentences be omitted on page 25, beginning with "The Exceptions for
18.88.050 are not as stringent as the "normal" variance standards in ALUO 18.100..." Due to time constraints,
Mayor Morrison requested that this issue be continued to tomorrow's study session.
ADJOURNMENT
Meeting was adjourned at 1 0:30 p.m. for continuation to May 4, 2005 at noon.
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Barbara Christensen, City Recorder
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