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HomeMy WebLinkAboutDitch Road/North St. - Alley Vacation RESOLUTION NO. OS=-- A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION FOR, AND ANY OBJECTIONS TO THE VACATION OF AN UNOPENED ALLEY BETWEEN DITCH ROAD AND NORTH STREET (VACATED) THE CITY OF ASHLAND RESOLVES AS FOllOWS: SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 271.150, the City Council of the City of Ashland will conduct a public hearing on January 17,2006 at 7:00 PM in the Council Chambers, 1175 East Main Street, Ashland Oregon, to hear the petition for, and any objections to, the vacation of a portion of an unopened alley between Ditch Road and North Street (vacated) as described on the attached Exhibits A & B. SECTION 2. The City Recorder is directed to give notice of the petition and hearing by publishing a notice in the Daily Tidings, once each week for two consecutive weeks prior to the hearing and such other notice as may be required by ORS 271.110. SECTION 3 This Resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04 90 duly PASSED and ADOPTED this ~ day of ~ ,2006. ~ Barbara Christensen, City Recorder SIGNED and APPROVED this ZZ- day of bc~ ,2006. PAGE 1 - RESOLUTION G:\pub-wrks\admin\PB Council\Street Vacations Dedications\Resolution Alley Ditch North Public Hearing 12 OS.doc CITY OF ASHLAND April 7, 2006 Brian Smith 290 Skycrest Drive Ashland OR 97520 RE: VACATION OF AN UNOPENED ALLEY Dear Brian: Enclosed for your information is a copy of Ordinance No. 2924 vacating the unopened alley between Ditch Road and North Street (vacated). As we have discussed previously, the vacation does not automatically assign ownership. To be sure that the title is assigned as desired you may wish to work with your neighbor to develop a reciprocal quitclaim or bargain and sale deeds to divide the right of way as needed. You may wish to consult your attorney in this matter. Sincerely, ~:e' H1:::~ City Surveyor cc: Barbara Christensen Bill Molnar Engineering 20 E. Main Street Ashland. O'egon 97520 'N'W'N.ashland.or.us Tel: 541/488-5347 Fax: 541-/488-6006 TTY: 800/735-2900 ~~, G:\pub-wrks\eng\depl-admin\ENGINEER\JIMOLSON\290 Skye,esl It' to Smith re ownership of vacated alley.doe ORDINANCE NO. Jackson County Official Records 2006-008354 ~~~=1 Sln=3 MORGANSg2I17/2006 02:31:17 PM ~qdr"Hlirllll[lll.mum ---> I, Kathl.,n S. Beck.tt, County CI./1( for Jack Ion County, Or.gon, AN ORDINANCE VACATING AN UNOPENED "rt,ry'hotlh,"otNm,,"d"'."dh''''"W'''''''d'd''lh'C'''' ACOrdl. Kathleen S. Beckett - County Clerk THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN A.... . _ __ _ _ __. SECTION 1. The twenty (20) feet wide unopened public alley located between Ditch Road and North Street (vacated) as granted to the City of Ashland an the plat of the Woolen's Adtlitlon and as described on attached Exhibits A and B is vacated with the following reservation. SECTION 2. A ten (10) foot wide public utility easement is hereby reserved for the maintenance and installation of existing and future utilities. The centerline of the easement shall be defined by the centerline of the existing sanitary sewer pipeline currently in place within the alley. The foregoing ordinance was first READ on the -=k/;~ p( 7 2006, and duly PASSED and ADOPTED this 7 day of 1t.-6rt/lt/ltj ,2006. L~ Barbara Christensen, City Recorder SIGNED and APPROVED this f day of ,2006. \~ Joh W. Morrison, Mayor Reviewed to Form: ~~ G:\pub-wr1<sladminIPB CounclllStreet Vacations OedicationslAlley Vacation Onch Rd North St Jan1706.doc EXHIBIT A ~ ~ \5~) ---- ---- 9 f'~ ~ VOl-,O' I (J\'\~O~O( Olf .~ o ~~ . ~ ~ ~.B~ ~ ~ ~I ~ ~ f-,,~ ~~ "'"' ..... ai" - " if1 $ '" l'i .~ a!;; ~.., ,,~ "0 1il2.: E-- i ~ is I ~ ~5 9 ~ ---- ~ ---- t.,6~) f'~G ,09, (Va\.. ,~ ~o~O ____ f05'00 ol1"c14 ~ t-\Z ---- ,.,-' ...J <(a; III OZ~ ~ ~Q> J z~CI)t "'ClJa;" o~oi I- CIJ::> . W":::1l'l III (/) wN, iD W oS a:~!"~ IULL.C'ii\ 0" J Il:OZ~ 0::5 ll- ---- z o ..... f-< gj ~ f-o [j) o Z ...l ~ o o ~ ---- ---- ~ o ~ ~ ~ o ~ '8 ~ ~ ~ (I) Ii::: ~: ~ I~ ..... (I) ~ z o .... t- el z o 8 z ~ [.il o rJl 0:: .... Z 0 t- [.il .~ ..J ci U 0 Z ~ 0 .~ ~ j ~ >- "" ::r: o ~ W rJl 0. :j ~ ~ ~ ~ Z ~ 2 0 ~ 0 W t-- >- (f) (\l b o rJl 0 ~ b ~ 0:: ...l f-. 0.. Z ~ ~ ~ ~ (Q ~ r:: ~ ~ ~ ~ o ~ ~ ~' "- Vi" ~ a ~~ ~ ~~ ~ ~.~ Cll o~ 2< o .... f-< .... Q t-- Cl C\I ~ b ~ ...l ~ o o ~ <; ~ <: r:: ii? 8 ~ <( ~ ; ~ ~ .q; ..... CO ~ l5 Q ~ ~ -J ..... ~ ~ ~ g ~ ..... o -.J >< ~ ~ ILl - ~ (f o o ~ ..... S ~ ~ ILl - ~ b <'l 8 , <'l ~ oS II <'l . >- - ~ ~ ~ ~ ~ ,;! ~ ~ I i,j Hlnos (yay 30'Vd 'ftt '70/\ ~3d all 'Vo'V/\) 133~lS Hl~ON ~ ~ - - ____ ~ SKYCRCST DRlvc. ./ ./ EXHIBIT B Commencing at the Southeast Comet of Lot 27 of Woolens Addition to the City of Ashland, Oregon, according to the Official Plat thereo~ now of record in Jackson County, Oregon; thence West, along the south line of said Lot 27, 131.00 feet to the southwesterly line of the Ditch Road as described in Volume 109, Page 153, Deed Records, Jackson county, Oregon, being the Point of Beginning; thence continuing West, along said south line of Lot 27, 269.00 feet to the west line of North Street as vacated per V olurne 223, Page 404 of said Deed Records; thence along said west line, South, 20.00 feet to the north line of Lot 28 of said Woolens Addition; thence along said north line, East, 276.71 feet to said southwesterly line of the Ditch Road; thence along said southwesterly line, North 21005' 00" West, 21.43 feet to the Point of Beginning. January 28, 2005 REGISTERED ", PROFESSIONAL. LAND SURVEYOR A. .,a., . OREGON .lULyas. t8llO sTuAAT M. OSMUS . 4 ENpI- CITY OF ASHLAND Council Communication First & Second Reading of the Ordinance Vacating an Unopened Alley Meeting Date: February 7,2006 Department: Public Works/Engineering Contributing Departments: Legal/Recorder Approval: Gino Grimaldi Primary Staff Contact: James H. Olson, 552-2412 E-mail: olsonj@ashland.or.us Secondary Staff Contact: Bill Molnar, 552-2042 E-mail: molnarb@ashland.or.us Estimated Time: 5 minutes Statement: A public hearing was held on January 17, 2006 for the proposed vacation of an unopened alley located between Ditch Road and North Street (vacated). The vacation ordinance was read by title, approved by Council and moved to second reading. Since a public notice regarding this ordinance was not published in the local newspaper, nor was the ordinance sent to Council seven days prior to the meeting is should now be read in full and approved for the first reading, followed by a reading by title only for approval of the second reading. Background: In response to a petition received from Brian and Diane Smith a vacation process was initiated which culminated with a public hearing held on January 17, 2006. Hearing no testimony either for or againstthe vacation the public hearing was closed and the ordinance was read by title and approved for a second reading to be held on February 7, 2006. All ordinances must be read in full unless a notice is published in the local newspaper with copies of the ordinance provided to the Council members and made available to the public at least seven days prior to the meeting. Since only the public hearing notice and not the notice regarding the ordinance was published in the paper and copies were not sent to Council per City Charter requirements, the ordinance should have been read in full. To adhere precisely to the Ashland Municipal Code and Charter the first reading should be repeated with the ordinance being read in full, then read again by title only for the second and final reading. Related City Policies: AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the Oregon Revised Statutes for procedural control. Vacation of public rights-of-way within incorporated is specified under ORS Section 271.080 through 271.120. Article X of the City Charter, reprinted below, also sets forth the requirements for enacting an ordinance: ARTICLE X - Ordinances Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:'. Section 2. Mode of Enactment. (a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on a different date by title only, unless a Council member or the public requests that it be read in full for a second time, and it shall then be read fully and distinctly. G:\pub-wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North 5t 2nd rd 7Feb06.doc r., (b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a single meeting of the Council by unanimous vote of all Council members present upon being read first in full and then by title. (c) The first reading may be by title alone if no Council member present at the meeting, or the public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies are provided for public inspection in the office of the City Recorder not later than one (1) week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its tenns as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council. (d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered into the record of the proceedings. (e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and the title of his/her office, except as provided in Article IV, Section 3. Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take effect; and, in case of an emergency, it may take effect immediately. Council Options: Council may read the ordinance in full for a first reading and again by title only for a second reading at the same Council meeting. Or Council may read the ordinance in full for a first reading on February 7th and complete the second reading on February 21, 2006. Staff Recommendation: Staff recommends that the first and second readings of this ordinance be conducted at the February 7th meeting and that the ordinance be approved. Potential Motions: Motion NO.1 Council may move to approve the first reading of the ordinance vacating an unopened alley, with the two approved conditions and forward to second reading; And Council may move to approve the second reading and adopt the ordinance vacating the unopened alley with the approved two conditions. Attachments: Ordinance. G:\pub~wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North 5t 2nd rd 7Feb06.doc r&, ORDINANCE NO. AN ORDINANCE VACATING AN UNOPENED PUBLIC ALLEY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. The twenty (20) feet wide unopened public alley located between Ditch Road and North Street (vacated) as granted to the City of Ashland 00 the plat of the Woolen's AdBitlon and as described on attached Exhibits A and B is vacated with the following reservation. SECTION 2. A ten (10) foot wide public utility easement is hereby reserved for the maintenance and installation of existing and future utilities. The centerline of the easement shall be defined by the centerline of the existing sanitary sewer pipeline currently in place within the alley. The foregoing ordinance was first READ on the of 2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed to Form: Mike Franell, City Attorney G:\pub-wrksladminIPB CounemStreet Vacations DedicationslAlley Vacation Diteh Rd North St Jan1706.doe EXHIBIT A ~ rt- ~5~) / / 9 f'~ ~ ,,()l.~O' ~O~O ( Oll(i\"\ .~ u .~ ~ . ~ I ~ ~ . ~~Uu :J ~ ~~ ~li ~ ~. ~~ ~ Cl:: ~ ~ Cl::~ W~ f-- ! ~ ~~ ~ ~ ~ I / ~/ €.\6~) f'~G ~09, {"o\,. ''II o~o \ ---; 6'00 OIIC\4 ~ ~ /,,1.\ 0 / ~MIt ..J <(n: III oZ~ j ~ 0 ~ J z~ "'00 n: \J o~.f f-CJ)::> . Cl1~~l'I Z .~W(j).-' ~~!.~ o ",11.0 ~ 0" ..... tt:QZ...J. f-< a::S, ~ ~ 41- f-< (J) o Z ..J ~ o ~ / .--- .--- ~ ~ ~ i!s ~ (3 f2 8 ~ g ~ "l Ii::; ~: ~ ': ~ ~ I- ~ ~ ~ ~ z o ..... r- ei z Q 0 Z ~ c.'l o (fJ iii ..... Z It r- iii 0 .~ ,..J ci u 0 Z ~ 0 .... .~ ~ J ~ >- . ::c o [J.1 ~ (fJ c. ~ Q ~ ~ -< z ~ ~ Q -< 0 [J.1 t-- >- (fJ ('.l t- O (fJ ... tl. r- U o 0 ~ It ...l t- tl. Z ~ ~ ~ r- [J.1 ~ ~ r:: ~ ~ ! i 8: ~. vr;e ; I~ ~ '" ~ ~.~ z o ... f-< ~ ~ b ~ ..J ~ o o ~ <; ~ ~ E ~ ~ : ; ~ ~ ":( I- !Xl ~ c ~ ~ -J 8 ~ l- S ~ <.l ~ lU - ~ ~ 8 ~ l- S ~ ~ ~ g . "l ~ o:r " "l . ).. - 0:: ~ ~ ~ ~ W ~ I1l I I i,j H.L nos (;0; 3D'v'd 'r~~ '101\ ~3d Q31 'v'09'1\) 133~S H1~ON ~ lIJ - ~ - ___ ~ SKYCREST DR/V!: ,/ / EXHIBIT B Commencing at the Southeast Comet of Lot 27 ofWoo1ens Addition to the City of Ashland, Oregon, according to the Official Plat thereof; now of record in Jackson County, Oregon; thence West, along the south line of said Lot 27, 131.00 feet to the southwesterly line of the Ditch Road as described in Volume 109, Page 153, Deed Records, Jackson county, Oregon, being the Point ofBeginning; thence continuing West, along said south line ofLot 27, 269.00 feet to the west line of North Street as vacated per Volume 223, Page 404 of said Deed Records; thence along said west line, South, 20.00 feet to the north line of Lot 28 of said Woolens Addition; thence along said north line, East, 276.71 feet to said southwesterly line of the Ditch Road; thence along said southwesterly line, North 21005' 00" West, 21.43 feet to the Point of Beginning. January 28, 2005 RI!SISTI!RED "J PROFESSIONAL LAND SURVEYOR A. ~. OREGON oIIA.V 25. 'hO sTuART M. OSMUS o. ti!NpI,.. CITY OF ASHLAND NOTICE OF TRANSMlTT AL TO: GINO GRIMALDI JOE STRAHL BABARA CHRISTENSEN BILL MOLNAR DATE: PROJECT: JOB NO.: SUBJECT: JANUARY 9, 2006 V ACA nON OF ALLEY COUNCIL COMMUNICATION THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Council Communication for a public hearing to consider the vacation of an alley between Ditch Road and North Street (vacated) with corrections by Mike Franel!. ENCLOSED +/ UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public Works Engineering DiViSi~ By: James H. Olson Title: City Surveyor/ roject Manager PUBLIC WORKS 20 E. Main Street Ashland, O~on 97520 www.ashland.or.us Tel: 541-488-5587 Fax: 541-488-6006 TTY 800-735-2900 r.t. ., CITY OF ASHLAND Council Communication A Public Hearing to Consider the Vacation of an Unopened Alley Meeting Date: January 17, 2006 Department: Public Works/ Engineering Contributing Departments: Planning, Recorder; Parks Approval: Gino Grimaldi Primary Staff Contact: James H. Olson, 552-2412 \vi) E-mail: olsonJ@ashland.or.us fV Secondary Staff Contact: Bill Molnar, 552-2042 E-mail: MolnarB@ashland.or.us Estimated Time: 10 minutes Statement: A petition calling for the vacation of an unopened 20 foot wide alley located between Ditch Road and North Street (vacated) has been received and has been reviewed by Public Works, Planning and Parks Department. On December 20,2005, Council established a public hearing date of January 17, 2006 and all required public notifications have been made. The vacation ordinance is included and can be read for the first time following the public hearing. Background: Petition Requirements: A petition for vacation of the alley was presented by Brian and Diane Smith who reside at 290 Skycrest Drive and own 1.02 acres of land fronting the southerly boundary of the alley for its entire length. The Smith property, referred to as tax lot 391 E5DC 2800 extends from Ditch Road on the east to Skycrest Drive on the west. The petition contains seventeen signatures and represents 16 lots As required by state statutes all of those property owners abutting the alley are included on the petition and over two-thirds of the "affected area" is also represented on the petition. All signature have been verified. A copy of the petition is attached. Allev Statistics: The 20 foot wide alley was dedicated to the City in 1880 as part of the Woolens Addition. The alley originally connected North and South Streets which were vacated in 1906 under Ordinance No. 275. The west end of the alley was vacated in 1992 under Ordinance No. 2694 so that the remaining alley has no westerly connection to any public street and is essentially a dead end. The alley has never been opened for access neither vehicular nor pedestrian and with over a 25% grade it is doubtful that it could ever serve as a vehicular way. The alley has, however, been utilized as a utility corridor as a six inch sanitary sewer main was constructed within the alley right of way in the 1950s. The sewer main is still active and must be protected with a 10 foot wide public utility easement if the alley is vacated. Planninq Action No. 2005-01476: The vacation request is a result of a planning action by Brian and Diane Smith to divide their existing lot at 290 Skycrest Drive into two lots. The planning application was multi-faceted in that it included the following elements along with the land partition request: 1. Proposal to vacate the unopened public alley. 2. Request for a variance to the minimum lot width and size. 3. A physical constraints review for creation of a parcel with slopes in excess of 25% and removal of three black oak trees. G:\pub-wrks\admin\PB CouncillStreel Vacations DedicationslCC Alley Vacation Ditch Rd North St 17 Jan06.doc 1 ~~, The land partition relies upon the vacation of the alley, however an alternate plan is available if the alley is not vacated. The planning commission unanimously approved planning action 2005-01476 and the proposed alley vacation and further moved to recommend the alley vacation to Council. (see attached planning commission minutes) Compensation offered for the Vacation of the Allev: Although it would be difficult to develop because of the steep grades and lack of connectivity at the western end, the alley could offer a possible pedestrian route. As compensation for the loss of the alley right of way, the applicant has offered to dedicate a 0.38 acre parcel of land as parks open space for potential trail purposes. With the alley vacation the City would relinquish 5,457 square feet of right of way, but would receive in retum 16,701 square feet of open space. By providing a much wider (147.8 feet) parcel of land it would be easier to construct a trail system, using switchbacks, where necessary, from the Ditch Road to the Hald trail system. Parks Director, Don Robertson has expressed support for this possible acquisition. A copy of the potential trail system map is attached. Reservations & Conditions It is suggested that the following conditions be appended to the vacation of the alley, if approved: 1. A ten foot wide public utility easement be reserved over the existing sanitary sewer main. 2. The applicant grant an approximately 0.38 acre parcel of land to the City for Parks open space. Related City Policies: AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the Oregon Revised Statutes for procedural control. Vacation of public rights-of-way within incorporated is specified under ORS Section 271.080 through 271.120. Council Options: Council may approve an ordinance vacating an unopened public alley and move to second reading of this ordinance; OR Council may deny the vacation and tenminate the vacation process. Staff Recommendation: Staff recommends approval of the attached ordinance vacating an unopened alley between Ditch Road and North Street (vacated) with the conditions outlined above. Potential Motions: Council may move to approve an ordinance vacating an unopened public alley and move to second reading of the ordinance. Council may move to deny the proposed vacation. Attachments: Resolution Vicinity Map Detail Map Petitions Map of Proposed Partition G:\pub-wrksladmin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North St 17 Jan06.doc 2 ~~, ORDINANCE NO. AN ORDINANCE VACATING AN UNOPENED PUBLIC ALLEY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The twenty (20) feet wide unopened public alley located between Ditch Road and North Street (vacated) as granted to the City of Ashland on the plat of the Woolen's Addition and as described on attached Exhibits A and B is vacated with the following reservation. SECTION 2. A ten (10) foot wide public utility easement is hereby reserved for the maintenance and installation of existing and future utilities. The centerline of the easement shall be defined by the centerline of the existing sanitary sewer pipeline currently in place within the alley. The foregoing ordinance was first READ on the of 2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed to Form: Mike Franell, City Attorney G:\pub-wrks\admin\PB CounciJ\Street Vacations Dedications\J\l\ey Vacation Ditch Rd North St Jan1706.doc \ EXHIBIT A , eJ ~ E. ISJ') U ~ ' '8 / r"G Z~ f-. / I ~ \09, f-."- ~ ..: ~. (Va\.. ....;.:, ~~ ~ '(l,O"O ^ ~ F!:3 ~~ O\\cl-l ~ ~ ~!I ~ ~ I / :f1""\i\"_.ol~"""" .~ ,/~ / ..../ >@ ?;,d . IS:;) <(c:c (/J "jd~1 ~~ r"OS I , oZO ? C /~ 109, 21,~:; ~O~ J ~ ,,----/ Zq{J) :J~i?~~l' (Va\.. /6'00''lI ~)~O~ 1'0,,0 W (J') a:: . (f)',Z:,." ~~ ~~2rO f- (J') :J ' ">i::1" -< 0 t;~ Q\\cl-l <Il Ul LU N . Z { ~ I- " - Uj (ijU.J IT.5G:'Z ,,~ '" 0 "' u.. Cl 0,<( ~ H "'o~ ~ ::> ,,~ f-< a.: , !Ii ~ H (l.. ~2:: a a Z "( 00 a t-- Z ~ 01 ..,; "( [- Ul Z 0 0 ~ 0 Z r:: ...... W "( [- I: ..J 0 Z ...I ~ ...... 0 t; 0 ~ a z H ~ 0 8 ~ a 0 f-< ~ I/) 0 0 - ~ g; 0 z -< Q b W t-- Q r:: g: 1:' 0 (fJ 0 ~ ~ 01 ..,; .,; lL v;Z Z '" a 0:, ...... 0 [- Ul '" 0 ll:O [- W !'1 I";;: >- 00 0 2. 1-1 ~ ll: <':>z -< J 0 ...l W I/) I~ "( l'l!o (; a <: U 0 ...I ~I 5 I/) 0 Z 0 ~ fila ::2: r:: -< 0 0 UJ"( B:: is ~ 0 I- m a-, ~ ~ t I/) <( a J ;:: l5 a "( I- 0 ~ ~ VI (l, :>- :r; "( 0 t5 9 0 w 00 (fJ 1f ~ ~ N << 0 J ~ 0 f:5 I- Lu Q ~ P.. a 0 0 -J J ~ Q .-J -i V) -< iJ. >- 5? Lc -< Z l- x Vi 0 ~ -< 0 0 ~ ~ <( I- a .-J '" :>- "( (J en .-J x i?l Q W t'- ~ b (fJ N ~ '" 0 ...... <.:> ~ '" 0 (fJ u ~ 0 Ol 0 Cl. ~ ..., b '" 0 0 w UJ .. <X:,. - :r: II '" 0; J Ol '" . >- Cl. f-. - ll: Z ~ "( 0 0:, w "( Z w f-. &5 ~ ~ ,oow 8 Hi nos << f-. (1'01' 3DVd 'r~~ '7011 t/3d 031 VJVII) 133t/iS Hit/ON Q W L~ CD ........~ ~ / ~~ SKYCREST DRIVE ./ __L EXHIBIT B Commencing at the Southeast Comer of Lot 27 of Woolens Addition to the City of Ashland, Oregon, according to the Official Plat thereof, now of record in Jackson County, Oregon; thence West, along the south line of said Lot 27,131.00 feet to the southwesterly line of the Ditch Road as described in Volume 109, Page 153, Deed Records, Jackson county, Oregon, being the Point of Beginning; thence continuing West, along said south line of Lot 27,269.00 feet to the west line of North Street as vacated per Volume 223, Page 404 of said Deed Records; thence along said west line, South, 20.00 feet to the north line of Lot 28 of said Woolens Addition; thence along said north line, East, 276.71 feet to said southwesterly line ofthe Ditch Road; thence along said southwesterly line, North 21 005' 00" West, 21.43 feet to the Point of Beginning. January 28, 2005 "<q REGISTERED I PROFESSIONAL I LAND SURVEYOR J . -<!;<.~. A.. ~- OREGON JULV :t5, 't~ STUAflT M. OSMUS No. 2464 &p1r~.....J I .....-,; o~ ..z~ 0< ~ >-..J ~ I-:I >- _ r-< .... uV)~ 1..> ~ ...... f-< <t:: u ~ :>-< ~ ~ ~ @ VJ o p.., o ~ p.., r' L z~ ~ ~ :\: ~~~~ S!~ ~ ~~o" 0" ". 0 o~ fa ~iiJC1~ 05:~~ '" ;; ... ~ 0 o o '" N " .c Q .~ '" " ~ ~ (l) ~~~,,~ <5 ~ S2 c.i $I t>::I c::i U ~ ~ s III o :,:':':'""........GRANDVrEw"..,.. i' " ~ wn ,~. j 2&02 ~".") j \:r (\j/ / ~ 1.55 AC, (J Y ~"'\:::/ j < )t1uf!1J! \0 1 "" j>,<S"()' :,?pf) i _ ~ . __ _ _ / OCAl(D y, 11J p ~Oj T'/. _.__ ____,__ ___ __ __ .'. ~ ,/ :/ ,!127' "I : ;-, ~ :~ ., :1 y, if :/ ~ :/ :/ ~ :/ :/ !;: :/ Y. V, ~ ~ / / / . ,- 1- -', ,'- ,- , , , us,w 21100 UQ AC, OS-tell ,\ CHItIl lyV> (? )1j\' 90 i:\'P ,cy ({;' "J -'" ,9 '{ $[ eOI<: Cl iF " 1'1." :-.~~':.i.ss.: "[" '" ~~,,--,,---,-,---<~ .".- - - -. ~- ~;1.51 290 294 C>-IQl71 105 11811' 300~ " ,/) -:-.J V' ~ '\ t2Jh / ;-\(,.. 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Hf!!!! n~l}l} x , x IL ------- ~/ // , ~~ F ,_/ ~ I I I I - 5'1'~ ~'lil . . ~; Ihl . ~ ~I Date Flied: PETITION We the undllr~lllned praperty ownerll resllUn@ on or near ,3"VCCOBt Drive i tJ A.,shland Oregon do hereby petitionlhe City Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as foliows: ~-1eO Al tached exhibit: 'A' We do further warrant that the signatures below represent 100% of the properties abutting the proposed vacation, and at least 66%% of the affected area which lies within 200 feet on either side and 400 feet from the ends olf the pUblic right-of-way proposed for vacation. 2 NAME ADDRESS TAX LOT NO, 30/h ;2iioo ,;)'100 3013 ;<6(, 3c !./- .J 4 ~i ~l) J ','c",,"pl ~ /00 5,k~ \Je"t IJ,- <'0:) S\::c;:2-ec;, i 0 L ~-IC} SV>..hr'-ll L}, '':~ 'j/ , 'S0O S~~ (A' ~;;s SKO~~ $JO ~YCA''''ST-Z:V2rV& 0007 '6CXJ 6 ~/]/)"l. ~.; : -~:it;f4-~ 9 ~;13"'RQ~ 10 d'.ee.x M,,- -n/--c' j County of Jackson ) ) State of Oregon ) '?OID 30/-'; I, ~~ 1 ~~ I t ~eing one of the principal proponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken in my presence and are the signatures M the p~0ns owning rop~ tting or within the area affected by the proposed va catron bY ," . ~ yG Signature Not Public My Commission Expires Lj. 2> 'Oe, _OFFICIAL SEAL JASON T SOUDERS . NOTARY PUBLIC-OREGON COMMISSION NO. 379435 MY COMMISSION EXPIRES APR, 5, 2005 G:Dawn\Street\Vacallon Petftlon.wpd t~J Date Flied: PETITION We the unSarelgned property eWllere reeiding on or near 2 'c y C c" s t Dr iv, ;n A,ohland Oregon do hereby petition the City Council to initiate proceedings to vacate the above mentioned pUblic right-of-way, being further described as follows: Hen Attached f'xhihtt'A' We do further warrant that the signatures below represent 100% of !be properties abutting the proposed vacation, and at least 66%% of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation. I, DlMC- :srffrCr(~5tfrn+ ,being one of the principal proponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken in my presence and are the signatures of the persons owning property abutting or within the area affected by the proposed vacation. '. l:e !\;~C%~ ~. Signature. Not Public My Commission Expires t;. g. 0 P., 2 3 4 5 6 7 8 S 10 County of Jackson ) ) State of Oregon ) G:Oawn\Street\Vaeallon PetKlon.wpd 6QDRESS ;::;; '7(') (')p~{~..J XiJD S7M1~,,^!rM) /'ie fhnFlJ'//t"JO 3(;3 (!,r~m/i/:p ,,) ~";3 ~./'d{;~/") ~ 9 (;ro.._~ I , : '---' d@ ~hMj ~UFi TAX LOT NO. A)oc, ff-:; 10<; #/ ()f 'Xi<:J t, (')() .,; :Jr$cJV !J-[.,tJ'J:.. 4310' _ OFFICIAL SEAL JASON T SOUDERS . . NOTARY PUBUO-oREGON COMMISSION NO. 379435 MY COMMISSION EXPIRES APR. 8,2008 May 26, 2005 To Whom It May Concem: I am writing to convey our organizations support of the alley vacation described in the attachment, providing tJle O\\llers, Brian L. Smitll and Diane Steffey-Smith grant a public access easement for the described trail in the same attachment. Providing usable trail access in place of an unusable alley makes sense for all parties involved. Their easement is described from the intersection of their northerly property line and "Ditch Road" south by southwest, roughly parallel to lhe Ditch Road., transecting their back ]01. Rob Cain AWTA President 279 Gmnite Street AsWand, OR 97520 DIIOmmnmnuuummnnlllulllnIIIUlm.lIl1.mlllll.....IIIIUllmlllmm.nnl.nlll.n.nuumuuu....UIU..n May 5, 2005 R&iJrft~, To Whom It May Concern; We the undersigned, are in favor of the alley vacation described in attached "Exhibit A" providing, the owners, Brian L Smith and Diane Steffey-Smith, of290 Skycrest Drive, grant an easement for the purpose of a public trail, from the intersection of their northerly property line and "Ditch Road" south by soulhwes~ roughly parallel to "Ditcb Road", across their property as approximately shown on "Exhibit B", (~ ,\~-QL~ . . ~man \ susan. ~apman~._ 390 Orchard Street )/ / / Ashland, OR 97520 ~-Uot, \4 i OUlIIlIIIIIII..IU....IIIII..III.......I..nul;..nulll.I..I~IIIII.1111I1.1...1.11111.11...111111.110.1.....11110...1..111111..111 From; To: Date: Subject: Don Robertson Jim Olson 8/212005 1 :25: 18 PM Smith alley vacation request Jim, I just met with Brian and Diane Smith reqarding their vacation request The alley connects to Ditch road and their own property. The Ditch road is currently used by many hikers, but this alley as is provides no current or future improvment to the hiking conditions. In exchange for the alley vacation, the smiths have proposed a new pedestrian access easment (PAE) be placed roughly parallel to "the ditch road but angled towards city open space property. While it will not complete a link to the property, it will start one that can be continued to provide better access onlo current city property and eventually link up to sky crest drive along another PAE. From my prospective I think it should be granted with the provision that it be replaced with a perminent PAE, surveyed route approved by Jeff McFarland our trails coordinator. thanks don CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING NOVEMBER 8, 2005 MINUTES CALL TO ORDER - Chair John Fields called the meeting to order at 7:05 p.m. at the Civic Center, 1175 E. Main Street, Ashland, OR. Commissioners Present: John Fields, Chair Russ Chapman Olena Black Michael Dawkins Allen Douma Dave Dotterrer John Stromberg Mike Morris Jack Hardesty, present Bill Molnar, Interim Planning Director Maria Harris, Senior Planner Mike Reeder, Assistant City Attorney Sue Yates, Executive Secretary Council Liaison: Staff Present: ANNOUNCEMENTS - The deadline for applying for the vacancy on the Planning Commission is Friday, November 18". APPROVAL OF MINUTES September 27, 2005 - Continuation of Northlight Hearing - Black asked under item 4 where she spoke, to delete "it" and add "the Design Standards." DotterrerlDouma mls to approve the minutes as corrected. Voice Vote: The minutes were approved. OctOber 11, 2005 - Regular Meatlng - Downa/Dotterrer mls to approve the minutes. Voice Vote: The minutes were approved. PUBLIC FORUM COLIN SWALES, 461 Allison Streat, showed a color coded map oflots in the downtown and discussed where he felt it appropriate to have 40 foot buildings in the downtown. He said we should preserve Primary Contributing buildings and those buildings on the National Register. The non-compatible, non-historic, and non-contributing could be remodeled or tom down and rebuilt. Build smaller buildings on smaller lots, not maximizing at the 40 foot height, leaving the larger lots for larger buildings also recognizing the bulk and scale of the neighboring buildings. The color coded map is available at the library. TOM GIORDANO, 2635 Takelma Way, felt strongly that we need to have an urban design form for the downtown, looking at the downtown in a comprehensive way. Dawkins noted the Commissioners that lire working on the Downtown Plan lire looking at that. TYPE" PUBLIC HEARINGS PLANNING ACTION: 12005-01674 SUBJECT PROPERTY: 11 First Streat OWNER/APPLICANT: Ron & Carrie Yamaoka DESCRIPTION: Request for reconslderatlon of the Plannlhg Commission decision reached at the October 11, 2005 Planning Commission meeting requesting Site Review approval for a three-story, mlxed.use building comprised of restaurant space, offlce space and two residential units for the property located at 11 First St. The proposed building Is approximately 4,500 square feet In size, and Is located In the Downtown and Datall Site Review zones. A Tres Removal Permit Is requested to remove four tress sized six Inches diameter at breast height and greater. Reconalderatlon Fields, as guided by the City Attorney, has concluded this action should be reconsidered and continued at next month's meeting because of an error in the ordinance interpretation. A revised plan has been submitted by the applicant addressing the vision clearance issue. This will also give the Historic Commission an opportunity to review any revisions AllHLAND PLANNIlG COMMISSION REOUl.AR IlEETBlG IMIITE8 NOVEII8ER 8, 2005 I ~nlldlnllon Fields ciccided not to exercise his power to ask for a reconsideration of this action because be does not believe any new information has emerged. Fields would like the Commission to instruct Staff as to what standards and what issues should be included in the denlaI. Douma/DotlelTer m/s to reconsider. RoD CaD: Dotterrer, Morris, Douma voted "yes" and Dawkins, Black, Fields, Chapman and Stromberg roted "no" to reconsider. The motion failed and the action will not be reconsidered. The Commissioners discussed at length whether or not they should give Staff guidance for the findings. Doring deliberation of this action at the September 27,2005 Planning Commission meeting, there was no clear consensus on each separate issue. Fields asked each member to voice any reasons they might have had for denial that were not part of the motion at the meeting on the 27"'. Chapman voted for denial because the project was represented as two lots and it failed to meet the commercial requirement on the back lot. Black voted to deny because it did not meet four of the criteria of the Downtown Design Standards. The setback issue was not clear. She had problems with the height, stepping back and staggering of the buildings as well as the 80 foot building width and lots greater than 80 feet in width. She had concerns with the setback on the comer, the sense of entry at the comer of First and Lithia Way as well as not maintaining the rhythm of buildings. She did not have enough information about the future ofLlthia Way. Dawkins did not like the bulk and scale of the building. There were no real differences in the height of the buildings. He objected to the building being three stories high and as long as the buildings on the Plaza. An approval would have overturned the setback already established on Llthia Way. The setback should be protected for the future. . Fields said he would like to see a good sized sidewalk and the building built to the street. His reasons for denial were keeping the entire ground tIoor commercial and bulk and scale of the buildings (articulation, building height and size). It would make sense to have six residentiallive/work units. The buildings have more glass than building and that much glass does not complement tbe downtown. The public needs to be able to see into the commercial areas. Douma denied the project because there are two lots and one did not meet the requirement of the zoning district. He had concerns about bulk and scale. Dotterrer concurred with Chapman and Douma. Stromberg voted for denial because the balance between residential and commercial went too far and it was difficult to determine if the project was considered one or two lots. There were several aspects of the Design Standsrda that were not met, including bulk and scale. He did not like the sense of entry. If the front yard setback is along First Street, then the setback should be 20 feet, if the plain langusge of the ordinance is applied. Though minor, the project doesn't satisfy the vision clearance. He does not believe the case was made that the transition from the townhouses to the adjoining neighborhood was made. He felt the purpose of the separation between buildings was not met as it was intended to reduce. the mass, not making the separation wide at the front and narrow at the back. He did not like the height of the tower. The variation in heights did not meet the burden of proof. Morris agreed with Chapman, Douma and Dotterrer with regard to the commercial versus residential after the lot split. There was not adequate discussion of the bulk and scale during the Commissioners' discussion. PLANNING ACTION: 2005-01476 SUBjECT PROPERTY: 290 Skycrest Drive OWNER/APPLICANT: Brian & Diane Smith DESCRIPTION: Land Partition to divide one exlstlng parcellnlo two parcels Including one flag lot for the property loested at 290 Skycrest Dr. The appllcstlon Includes a proposal to vacate the existing pubJlc alley right-of-way to the north of the property. A Variance Is requested to minimum lot width requirement and the minimum lot elza. The minimum lot width required Is ;100 feet, and the proposed lots are Irregularly Ihape with portions under 100 feet In width. The minimum lot elza In the RR..5 zone Is .50 of an acre, and the proposed lots are .36 of an acre. The eastern portion of the property, approximately .38 of an acre, Is proposed as dedicated open space. A Physical Constraints Review Pennlt II requested to create a parcel with Slopes 25% and grester and remove three Black Oak trees grester than 12 Inches diameter at breest height In Hillside lands. A1HLAND PlANNIIG COMMISSION REGlII.AR IEETlNG IMUJE8 NOVEIIIIER 8,_ 4 . Site Vlllta IIId Ex Plrta Contscts Chapman walked the site a couple ofmontbs ago and a gentleman on site identified himself to Chapman. Today be walked the site down the back slope. Black walked the site a couple of months ago. He met the owner and they ta1ked about how to Identify a white and black oak tree. She has since had communication with the owner on Comprehensive Plan Issues. She believes she can be unbiased. Dawkins, Dotterrer and Fields had a site visit. Douma and Stromberg had nothing to report. Monis had a site visit. He reported that he just completed a job that Kerry KenCaIm was worlcing on at the same time. He did not believe he had a conflict of Interest. STAFF REPORT Hanis said there are two pieces to the application. The bulk of it is a land use application. Tbe second piece is a request for a vacation of an alley. The land use application has three components. The first is a request to create a new flag lot. Secondly, there is a request for two Variances - I) the middle lot width of 100 feet and 2) for the minimum lot size. Third, there is a request for a Physical Constraints Review permit to remove three trees greater than 12 inches diameter at breast height in Hillside Lands and to create a new lot that is in Hillside Lands. Hanis gave the property description and location. The Tree Plan identifies 118 trees with three black oak trees slated for removal. All of the land is considered Hillside because it slopes 25 percent and greater. There is an existing single family home In the southwest comer of the property. She described the proposed partition by way of the aite plan. The partition relies on the vacation of the alley. The alley right of way width is 20 feet. The main discussion point is granting of the two Variances. The Staff Report discusses them in further detail. The lot width is calculated by averaging the different areas. Each lot size is a minimum one-half acre. Staffhas taken a conservative approach. The applicant has argued the site is unique or unusual because it is surrounded by lots that are smaller than one-half acre. It is unique because it is a large lot but one of the only ones in the area that could have possibly two home sites. Staff may not agree with the applicant's argument that this application is a benefit because it is using the property to its intended density. Goals and policies in the Comprehensive Plan talk about looking at lower densities in areas that have physical constraints. There is always th~ balancing of what makes the most sense. However, the obvious benefit is the public open space and use of the property in a trail dedication whether it is through an easement or a lot. Hanis showed the alternative scenario as discussed in the Staff Report. This scenario assumes the alley vacation would not happen, leaving a relatively small area to build on. Would that be an adequate area upon which to build? PUBLIC HEARING LARRY MEDINGER, 115 Fork, said he is the technical person, builder and friend of the applicant. He outlined the buildable area on the site plan. There is a sewer line easement across the slope going over to the alley and down to Ditch Road. DotterrerlB/ack m/s to extend the meeting to J 1 :00 p,m. Everyone approved. Medinger said he believes the plan they are presenting is the best planning for the site. They are proposing two lots at .36 acres and one at.4 acres. They are proposing to set aside a significant amount of open space at the bottom of the property. They are trying to relate to the other lots in the neighborhood. The distance from the south property line to the north property line is 68 feet, making for a nice sized lot. The solar access is governed by a 16 foot solar fence, allowing for a substantial house. He showed the proposed dedicated open space and trail. Their map says "easement" but the idea is to dedicate that area, including the applicant's one-half of the vacated alley to the City. BRIAN SMITH, 290 Skycrest, stated they are proposing the partition so they can ultimately build a small, modest house and dedicate the lower portion to the City. He noted that by dedicating the lower portion of the lot, a hiker, jogger, trail user can traverse the slope and at some point tie into the Hald trail system. It gives more options to walkers and joggers. There is another neighbor who is not willing to dedicate the property that would be the connecting piece. Smith mentioned a letter from David Chapman endorsing the vacation of the alley only if the Smith's offered a trail easement to the City. There is also a letter from Don Robertson, Parks and Recreation Dept., favoring the alley vacation as long as they can have the trail option. There was a letter from Jim Olson, City Engineer. There was a letter from Rob ASHLAND PlANNING COMMISSION IlEOULAR MEETING IINUTES NOVEIIIIER 8, 2005 5 . Cain, President of the Aahland Woodlands aud Trai1s Association giving IUppOl't of the alley vacation in exclumge for a trail easement. Medinger said the Variancca are minor and the aizes are well within the mid-range Iota in the Skycrest subdivision. This lot ia unique becauae it ia the only lot OVer one acre that baa two building silea that can be developed. Staff Response - Rania said looking at the alternate scenario, the dimensions average 67 feet. The aasertion by Medinger that this proposal could come forward and not require Variances is probably not accurate. Rebuttal- Medinger said you don't average the flag drive in the lot width. COMMISSIONERS' DISCUSSION AND MOTION Douma/Black mls to approve PA2005-01476 with the attached 19 Conditions of approval. Roll Call: Unanimous. -i Douma/Stromberg mls to recommend to the Council vacation of the alley right of way to the north of 290 Skycrest. Roll Call: Unanimous. .Q!/:I&B . Meeting Date Change - The December Planning Commission meeting will be held, Monday, December 12" at 7:00 p.m. The Hearings Board will be beld on the same date at I :30 p.m. in the Council Chambers. Dotterrer will be absent. The Commissioners were aaked to keep their packets from this month for the next meeting. ADJOURNMENT - The meeting was adjowned at II :00 p.m. RespectfUlly submitted by Susan Yates Executive Secretary ASHlAND PlANNING COMMISSION REGUI.AR MEETING ...U1Q HO\'EIIBER 8, 2005 6 h-J ~ '~ "'<. ~) :~ & .~ .~ I'~ !~ =no enm O-U c--J 'Dr enm 0)> ,"0 oC!' <0 en2 CD)> .n --J ,-;'c o:rJ -?~ " o o o c Z --J "' m so -u ~ o -< m m en G) 2 )> --j C :rJ m --J o --i " r- i I I I 1 1 1 1 1 I , 1 I I 1 I 1 1 1 I 1 1 1 I '~" I '~ I I I_~ I 1 I 1 1 '\~I 1 f 1 I . I I 1 I , '{.. I 1 .J I I ~I '-'1 ,......, I'V', 1 1 1 I 1 1 I I 1 I 1 1 I & '~ I I I I I I II I I 1 I I II~II 1 I 1 ~I ~!1f ~' 1 I 1 I I...c. II I I I \ I I I I I I I ."'~' I I I I 1 : II~ 1 1 1 " 1 I " I I . 1 1 I II I~' I 1 , 1 1 1 I 1 1 , I' I I I 1 I 1 1 I I I II I I I I I I I I I I I II I I 1_ o =f~=1===F=~~==1==_f==~lo=_ I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I, I I 1 I I I I I I I I I I I I J___,___--+ --L_-r-_-+___!_ I I I II I I I I I I I I I I I I I I o m en (") JJ '0 --i is z :;:: :to >< ~ C :;:: "tJ C JJ () :r :to en m 1ii {fl <J1 o o o " ;:: o c Z --i r- ~ ~ m o "tJ C JJ () :r :to en m o JJ o m JJ l> rJJ x'" ~o ~zrn ~"a .s: "'0" ~:oz Nmcn oG)-., "'0", "'2m <om ,,-., '" '" o o " --J m IJ::- :~ 1\ 1 JJOOZ,T< --\ f ~: ".. ~ p fJ'lr. J;- ... r-.., ;"0 ;Z." o CITY OF ASHLAND Please Publish: ATTENTION: Legal Classified Tidings - Tuesday, January 3, 2006 and Tuesday, January 10,2006 Refer to P.O. 69462 Questions? Please call Barbara Christensen at 488-5307 NOTICE OF PUBLIC HEARING Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to 271.150, the City Council of the City of Ashland will conduct a public hearing on January 17,2006 at 7:00 p.m. in the Council Chambers, 1175 East Main Street, Ashland, Oregon. to hear the petition for, and any objections to, the vacation of a portion of an unopened alley between Ditch Road and North Street (vacated) as described below. Commencing at the Southeast Corner of Lot 27 of Woolens Addition to the City of Ashland, Oregon, according to the Official Plat thcreof~ now of record in Jackson County, Oregon; thence West, along the south line of said Lot 27, 131.00 feet to the southwesterly line or the Ditch Road as described in Volume 109, Page 153, deed Records, Jackson county, Oregon, being the Point of 8eginning; thence continuing West along said south line of Lot 27, 269.00 feet to the west line of NOt1h Street as vacated per Volume 223, Page 404 of said Deed Records: thence along said \\/est line, South, 20.00 feet to the north line of Lot 28 of said Woolens Addition; thence along said north line, East, 276.71 feet to said southwesterly liJ1',~ of the Ditch Road; thence along said southwesterly line, North 21 degree 05' 00" West, 21.43 feet to the Point of Beginning. Publish: January 3 and January 10. 2006 Barbara Christensen City Recorder CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: GINO GRIMALDI MIKE FRAN ELL JOE STRAHL BARBARA CHRISTENSEN BILL MOLNAR DATE: PROJECT: JOB NO.: SUBJECT: DECEMBER 19,2005 V ACA nON OF ALLEY COUNCIL COMMUNICA nON THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Draft Council Communication to set a public hcaring for the vacation of an alley betwecn Ditch Road and North Street (vacatcd). ENCLOSED ~ UNDER SEP ARA T~ COVER REMARKS: COPIES TO: Department of Public Works Engineering Division By: James H. Olson Title: City Surveyor/ Project Manager PUBLIC WORKS 20 E. Main Street Ashland, Ore~on 97520 WWW.aShland.or.us Tel: 541-488-5587 Fax: 541-488-6006 TTY: 800-735-2900 r~' CITY OF ASHLAND Council Communication Meeting Date: December 20, 2005 Department: Public Worksl Engineering Contributing Departments: Planning, Recorder; Parks Approval: Gino Grimaldi Resolution Setting a Public Hearing to Consider the Vacation of an Unopened Alley Primary Staff Contact: James H. Olson, 552-2412 0)\ E-mail: olsonJ@ashland.oLus IV Secondary Staff Contact: Bill Molnar, 552-2042 E-mail: MolnarB@ashland.oLus Estimated Time: 10 minutes Statement: A petition calling for the vacation of an unopened 20 foot wide alley located between Ditch Road and North Street (vacated) has been received and has been reviewed by Public Works, Planning and Parks Department. The vacation request was considered at the November 8, 2005 regular Planning Commission meeting where a unanimous decision to approve the proposed vacation was received. A public hearing is required to continue the vacation process. Background: Petition Requirements: A petition for vacation of the alley was presented by Brian and Diane Smith who reside at 290 Skycrest Drive and own 1.02 acres of land fronting the southerly boundary of the alley for its entire length. The Smith property, referred to as tax lot 391 E5DC 2800 extends from Ditch Road on the east to Skycrest Drive on the west. The petition contains seventeen signatures and represents 16 lots. As required by state statutes all of those property owners abutting the alley are included on the petition and over two-thirds of the "affected area" is also represented on the petition. All signature have been verified. A copy of the petition is attached. Alley Statistics: The 20 foot wide alley was dedicated to the City in 1880 as part of the Woolens Addition. The alley originally connected North and South Streets which were vacated in 1906 under Ordinance No. 275. The west end of the alley was vacated in 1992 under Ordinance No. 2694 so that the remaining alley has no westerly connection to any public street and is essentially a dead end. The alley has never been opened for access neither vehicular nor pedestrian and with over a 25% grade it is doubtful that it could ever serve as a vehicular way. The alley has, however, been utilized as a utility corridor as a six inch sanitary sewer main was constructed within the alley right of way in the 1950s. The sewer main is still active and must be protected with a 10 foot wide public utility easement if the alley is vacated. Planninq Action No. 2005-01476: The vacation request is a result of a planning action by Brian and Diane Smith to divide their existing lot at 290 Skycrest Drive into two lots. The planning application was multi-faceted in that it included the following elements along with the land partition request: G:\pub.wrks\admin\PB Council\Street Vacations DedicationslCC Alley Vacation Ditch Rd North St Pb Hring 20Dec05.doc r~' 1. Proposal to vacate the unopened public alley. 2. Request for a variance to the minimum lot width and size. 3. A physical constraints review for creation of a parcel with slopes in excess of 25% and removal of three black oak trees. The land partition relies upon the vacation of the alley, however an alternate plan is available if the alley is not vacated. The planning commission unanimously approved planning action 2005-01476 and the proposed alley vacation and further moved to recommend the alley vacation to Council. (see attached planning commission minutes) Compensation offered for the Vacation of the Allev: Although it would be difficult to develop because of the steep grades and lack of connectivity at the western end, the alley could offer a possible pedestrian route. As compensation for the loss of the alley right 01 way, the applicant has offered to dedicate a 0.38 acre parcel of land as parks open space for potential trail purposes. With the alley vacation the City would relinquish 5,457 square feet of right of way, but would receive in return 16,701 square feet of open space. By providing a much wider (147.8 feet) parcel of land it would be easier to construct a trail system, using switchbacks, where necessary, from the Ditch Road to the Hald trail system. Parks Director, Don Robertson has expressed support for this possible acquisition. A copy of the potential trail system map is attached. Reservations & Conditions: It is suggested that the following conditions be appended to the vacation of the alley, if approved: 1. A ten foot wide public utility easement be reserved over the existing sanitary sewer main. 2. The applicant grant an approximately 0.38 acre parcel of land to the City for Parks open space. Related City Policies: Amc Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the Oregon Revised Statutes for procedural control. Vacation 01 public rights-ol-way within incorporated is specified under ORS Section 271.080 through 271.120. Council Options: Council may accept the petition and approve the resolution setting a public hearing: OR Council may deny the petition and terminate the vacation process. Staff Recommendation: Staff recommends approval of the attached resolution setting a public hearing for the vacation of an unopened alley between Ditch Road and North Street (vacated). Potential Motions: Council may move to approve the resolution setting a public hearing for the vacation of an unopened alley. Council may move to table the action pending further study of the proposed vacation. Attachments: Resolution Vicinity Map Detail Map Petitions Map of Proposed Partition G:\pub-wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North St Pb Hring 20Dec05.doG 2 ~~, RESOLUTION NO. OS=-- A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION FOR, AND ANY OBJECTIONS TO THE VACATION OF AN UNOPENED ALLEY BETWEEN DITCH ROAD AND NORTH STREET (VACATED) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.1 Ei and ORS 271.080 to 271.150, the City Council of the City of Ashland will conduct a public hearing on January 17,2006 at 7:00 PM in the Council Chambers, 1175 East Main Street, Ashland Oregon, to hear the petition for, and any objections to, the vacation of a portion of an unopened alley between Ditch Road and North Street (vacated) as described on the attached Exhibits A & B. SECTION 2. The City Recorder is directed to give notice of the petition and hearing by publishing a notice in the Daily Tidings, once each week for two consecutive weeks prior to the hearing and such other notice as may be required by ORS 271.110. SECTION 3 This Resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed as to form: Mike Franell, City Attorney PAGE 1 - RESOLUTION G:\pub-wrks\admin\PB Council\Street Vacations Dedications\Resolution Alley Ditch North PubliC Hearing 12 05.doc ,---,~~ pop>,O 0\101 z 0 '"" f-< '"" 0 Z 0 0 Z ~ 0 (.IJ o U) ~ '"" Z f-< (.IJ 0 ~ ...l d u 0 Z ~ 0 ~ ~ ~ ...l (J.. :>- :I: 0 (.IJ (j) U) ...l N ~ il ~ ...l 0 (J.. ~ ~ Z 0 0 ~ :>- w l'- f-< rJJ N o U) '"" U il f-< (.IJ o 0 ~ ...l :I: il Z f-- (.IJ 0 (.IJ f-- ~ f-- (.IJ 0:1 8J :z ~ ...." ",,,, L5.... iE3 g / ,/- ~I/~ /1 ~ \ ~-' / ( IS:;) I'p..G ! 3' 109, 2\'~ C-JOc- / S;;;~ \121'0 z 0 - , r-' - Q l'- CI N ~ f-< I/J 0 Z ....l !.Ll ....l 0 0 ~ a a <0 '" I- a ....J x ~ u o g UJ ~ 0 <:: ~ ....J iJj ~ ~ ~ 0 ~ <:: 0 a f:: a a oi ~ <0 '" Ii:: 1-1 -'" ~ I~ '" c5 ~I ~ f-. ~ '" L5 I- ~ a:' f5 Q >- ~ < a '" EXHIBIT A ~~ I / I s IS:;) pp..G 109, ('"oc- pop..O O\ICrl l"..-.r.o=,. (fJ ::> 0 7 ~ ..- goo ~':i' O~Ot, 0~~;; ~ LU'" '1 a: ~ I- d ':Jfi:Z 0'<: ~ ;:) ,'I r- ~ (fJ ;u <:: o f:: < u ~ 8 8 g; '" Q "- a >- '" < o <:: ::0 o en ~ ~ ~- ",-", 0::0 ",0 OU G]", "'8 eiJ UJ< Cl'> ~ ~/' ~ trrJ,;;o,-.nt'''''''''j;' 'j~ '.,.j <(cc ozo ~O~ J -? ''"(/)0: - ! I- "':J . -~U1(J).i Z Wu.,a "l. o "' z E ((~~ ~ Q (l.. 00 Q N ~ f-. If) o ~ ....l ....l o o ~ o a '" '" I- o ....J X ~ U o '" o ~ a ~ Lu -J t5 < Q -J ~ 1 ~ I I _ll_- Hi nos (POP 3D'/d 'ru '10A Ci3d 031,/:),/A) 133CilS WCiON I, '" '" u Z~ -:>-, ~ ~ ~gs WCfl >~ cc:~ ~j ~ [f)~ -<2 cc:~ cc:~ Wg: ~ f-f;J 0,,, iil'" [-.: ~ ~ ~ ~ 8 ~ ~ f- '" '" f !3 f3 "f= Or; -. t\l k, ~ iQ ~ "' - ~:;J V) "- (; '" < 0 f:: B:: a ~ Cl "' Lu V) ll:) ~ ~ ~ Vl "- Vi 0 ~ l- ll:) ... ....J Q '" 0 0 a '" '4- ",- II '" . >- - '" ~ ... ::0 < '" &l < -, ~ < Cl / . "~", // / ~-' SKYCREST DRIVE / / EXHIBIT B Commencing at the Southeast Comer of Lot 27 of Woolens Addition to the City of Ashland, Oregon, according to the Official Plat thereof, now of record in Jackson County, Oregon; thence West, along the south line of said Lot 27, 131.00 feet to the southwesterly line of the Ditch Road as described in Volume 109, Page 153, Deed Records, Jackson county, Oregon, being the Point ofBegiuning; thence continuing West, along said south line of Lot 27,269.00 feet to the west line of North Street as vacated per Volume 223, Page 404 of said Deed Records; thence along said west line, South, 20.00 feet to the north line of Lot 28 of said Woolens Addition; thence along said north line, East, 276.71 feet to said southwesterly line ofthe Ditch Road; thence along said southwesterly line, North 21005' 00" West, 21.43 feet to the Point of Beginning. January 28, 2005 .',,-, REGISTERED t PROFESSIONAL i LAND SURVEYOR ! ~....-;; A... ~. ;]"" OREGON .JULY 25, 'tew STUART M. OSMUS No. 24134 . ~-_.L I -'=tJ \ I/~-J '7 ,..-r7'/ ", ~~ --r- 7 ( JJ4rt,;;:ii -~n...L;.~ Z', . I r'I] A I:ji:;: 11 )L' let L1 "tel' .. :;. -"'";I" . '0/ ,,~'j .:Q ,. / L /1 7' L ~~-4 I '7 -' It. '. ~ "');?" ,_Hi/LL ~...j -;T L 'f. ,j!0 } ,l:::s:1' L. ~ ' ' , ~ -;---"-' =Q-s/. . ;: C ~ / ,,^..J.JM // T cj I~' , j~ " ,"~ -; JJf' tJ-It?IV" [> \ ~ "/ 'J..Q:........" ,=' . / . "I [1, 'I 7"'/ I ~ (J:::::lr f.. i.:\.J t 191 I I... ,7",.t [-i I .'1.r~ ILj:S~..~'" A:/I".<' ~-' - "WNlnNno 7t!' ...:..... ~ L.../" R 7)' . '>- · -., ~ .T'-."", ii:. ,j >- '-I .~ / L . ~ . '" ~~~"-~.,) J ,flU.' ' ~. . "Sir" II ..!!.;~ roo ~i-~ I!. t:i. - '/L II 1"-':" J~'- ... ~- ~ t7 n7J' ~I'I . . y ,~ .fl ~ 'dU' ,,-, \ b>- "'r1" J..,,':~: '-' ~ ~'7; ,,':,.""'7' d~; t rr&. t1 f:2l~I~.' .' "'\ ( 111111:' I-j~ 'u ~ -~. I .' _ ~ . '.h' TI -~ ,~ i~ J/ ' ,~:lo~~' . ~ c. 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I ,j,\ \ . ~,,~,,'.{{i,~,~ :/ \;~'" - - - IUIIO ( m ,--;;;-' ,I 't . -Ti, 010 I" ~ ~L~ ~ ~ "~- I \' IJ, ,. ~ /' )'~')'-~~"""\''-~~~''TI''~''~''~'''''',,~,'.~ t 301 '.IJ \ \1J ~~~':(:~ :.~; \I -... ~ ~ ", IJ !! , , 1 I, '-;:; " " _ _ _ ~ ,0' ~,30H 9 ,. ,;, \ 'I, ,"~ \ 2702 294 10' "/0",,. 320 A I ''''"", '" GS-l0271 '00' '\\~," ~~ I '" ~,', \ ~ 0,49!<C, "" "b,1\ ' ~" I "; .' "~ 290 ~". ~( \}' ~~,~',.. 'I I" ;' \0 \<(,- "'=- ,I".W, e:, b /"',, I \ '\~\ :0'.' '0, /", , I I) \ ~ ~ ','p 2700 10', 3013 ~\ tfl~~'~~ ~~l~clln"'lJ~1 '1<<:~~"" - \~:\.., \~ \ HOIC 3004 J1C '~"')\ 'Q. . peL I ,; ," '~~~ I 2600 \\ \C. :,,\ \\ ' . \ ,. ,> ), -~.' '\ .1(1711 ,,( ".\. (l. ".1..> ul 1.)71c r)( \\ \,. 0>\. ,q, C,\,,, '''",;;: "i ~ t>;o::C> j j CCC ~j: T _ \ \~'6't ' \'~\, I 3005 c) 3050) \ "a C I ()./ ~ ~, \\ ' ,\\y'yo '5\\Y .~, ,{; ,1 ~'-;, 10( a" I > ~ PROP;?~,ED VACATIO~\ " 5~~ ~. . " f 250 ,7 "I ~'-/'~ ~ 1:~~t?t!':'::~'?~8)~)~)~0t)0~~~~;~x\"'~""''' /1 :- ,,,' ~;;,/ "(,} 4:.:"':"~)H'~\"""'H"~~\ \' '(- 1:\\<>. ~ IW. ' .':,~ fn I 1.0', IC ~> ~ . \ \" ",I 'I"~ : I. 30::V'C). J'Y4' '; ;\\, ~ I \) Y',\ \ ,;;, '. . t1 6 ""'' ;;'\ ~ II).,\) "'\ \ 0,1! Ie I 4 I /' 28, \';; \CS-ilm IW ~1.-""'-"'''~~",,-""",,'<.\.''''-'-0, "",ii5'}";~",' ""~"'-"\<"<~'<"~':::'\;"'""""~!~, ,:__._~ ,I ,., 2900 ?> '(; iJ ,', I ~ OJ I , ? Y 09 , , to '"T1 ~ I 0.94 /,C, · (f\' 270 G)" '; 'I' I'rv'. ?i>) ...?' GS-15/fl "~I! ' , '1 ' P3 . <;:e,. \[; I " '''~~ m'so \I . .' t, ,,","-.,1"'0."""-~'''~~0 ", "'" "'''''',\~~",;""".""" ~ ,:"-, 1" 'I 'I 'I I' ." 3002 r I' :" 0,50 Ie I~\ I ~j ~ ( l ;".. , , 'j~C"""""':''-~~'-'~''''''-.''-''''-'''0,,,__,~,,,-~t.' /"Ii'i:_ - ---, GRAN DVIEW I J~, 69' ~ 2500 110 A(, 3007 / \~ -' (~))'" :::J;/ .- ", .~..,~ ?, 12 ,. " .,~;~):~ " I \ * 39 lE 50C ASPlLAND St:111 1= 111_ inn' c ~ ".~ C;..l'~ OJ - ...- Q ~. 0 lU'6?;' a:: t5 -~-'..~--._~ US6-ZSS (It>S}XV~ 1>61,-88> (l~sl'Hd OZSl6 uooo'Q 'PU814S\f [ Olins 'lOOJl8 ,~, S~S :IU[i'SpWJV "",",,,, "il1;S UJ!DUd){ I j NQ!l~IlO 'ON\f1HiilV 3Allllcl ~S~IlO^)/S O$t H1IWS 3NVICI aN" NVI~ j.Q ij >- fu ~ ~~. ~ :r;i2z 0:: f-< 00 :J "~~! if! e" 5' I.Il ~ >' ~ i ~l ~ Ifl < !db ! liii 1 lit. I ill' i,U >-~ ~~ ~! ~~ ....i= i=< 0::<,) ~~ I r/I~'i II~ V ! II il~ i~W I~< I.~ "'e ! ~ ~ !!! i<; ! i 1]1 !? ~ ~~ ~! r if~' .. 'g ..: ~~ ~_j"lIi 'IIllI! ~ ~~":I ~ ~ ~ i ~ f ~" , Ii ! ~ . )! I I j j i 1- I .( IL / / ~ I ,I I . ,-;~ 1 ~ !q~ ; II! ~! , l~!i Date Filed: PETITION We the undersigned propeity owners residing on or near "',,, co" oS t Dr i v p i.D Ashland Oregon do hereby petition the City Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as follows: ,90'" Attached exbibJt '/\.' We do further warrant that the signatures beiow represent 100% of the properties abutting the proposed vacation, and at least 66%% of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation. 2 3 NAME 4 ADDRESS TAX LOT NO I~ ~() J Yc~,f ] ,j4o 5/<~ (Jest ;_ -Sec.; S\::,/,:zE;l Oi .1-1C' 5"r.~J,")f YJOSUus . (,/( 30/6 ,;2'600 ;Jq{)() 3013 ;?o(, 5 6 '\'1-'1-v.. "1..:- : - -j~f;ff;;J:4-- ~O !&:~YzrfJ>\J'~~~ '~#....2~n.A-c , ~ County of Jackson ) ) State of Oregon ) ~SL. t /) 3007 'l{CXJ d-'i;S JJo SKcr_c~ ~ ,y:yceeC>T2':0? /VE '?010 30/-5 '. /! S I, IJl2v"",- ej' '--- Y'v111 t ~eing one of the principal proponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken in my presence and are the signatures of the per~ns ownin!J,.frop~y j"Utting or within the area affected by the proposed vacation b1) b /' ~ ~ \1\ Signature Not PUblic-t===' My Commission Expires W. 2> 'Oe:, 1_ OFFICIAL SEAL JASON T SOUDERS -. --' NOTARY PUBlIC"OREGON COMMISSION NO. 379435 MY COMMISSION EXPIRES APR. 6, 2006 G:DawnlStreellVacalion Pelltlon.wpd f~j Date Filed: PETITION We the undersigned property owners residing on or near ""vcc"" t Dri v', i,n Ashland Orpgoo do hereby petition the City Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as follows: S"g AI:tachpd pxhibit'A' We do further warrant that the signatures below represent 100% of the properties abutting the proposed vacation, and at least 66%% of the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of,way proposed for vacation. 2 3 4 5 6 7 8 9 10 County of Jackson State of Oregon ADDRESS TAX LOT NO, #J.. )00 1(';;;70fJ >If/Ol Y;r;:; t, (in if;J r:, iYu Jc'O:J:- :4300 ' , I ::;; '7(J (SYC~V{ ~<<J ~~ &7Ai'M"/:,/,vrw /9fJ Slil1flJI// fjC() 31:03 (',r~_r!;;/p ,,J ~&: 3 b-.A#{J~,.J ::':2'9 G ru-~, , : "-' c1fiJ Jt;MN ,d,WK I, DIANt:. .;S (fire//-- 511 rn+ ,being one 01 the principal proponents of the proposed vacation do hereby subscribe and swear that the above signatures were taken in my presence and are the signatures of the persons owning property abutting or within the area affected by the proposed vacation. ~'/ ' le ,\,~dffg~ ~", Signature Not Public My Commission Expires Jj. g,oP, G:DawnIStreet\Vacation Petitlon.wpd , _ OFFICIAL SEAL JASON T SOUDERS ''-.' NOTARY PUBUC-OREGON COMMISSION NO. 379435 MY COMMISSION EXPIRES APR. 8, 2008 , " r~~ ':'J /. / , i\ May 26, 2005 To Whom It Ma:y Concern: I (Un writing to convey om organizations support o[tbe alley vacation desnibcd in the attadllnent, providing the owners, Brian 1. Smith and Diane Steffey-Smith grant a publi<.' access casement for the described trail in the same attachment. Providing usable trail access in place of an unusable alley makes sense for all partk's involved. Their easement is described from the intersection oftllcir northerly property line and "Ditch Road" south by southwest, roughly parallel to the Ditch Road., transecting their back Jot. Rob Cain AWTA President 279 Granite Street Ashland, OR 97520 1.11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.11111.11111..1.11.....1 May 5,2005 ,~"~rft~ To Whom It May Conc~m; We the undersigned, are in favor of the alley vacation described in attached "Exhibit An providing, the owners. Brian L Smith and Diane Steffey-Smith, of290 Skycrest Drive, grant an easement for the puIposc of a public trail, from the intersection of their northerly property line and "Ditch Road" south by southwest, roughly parallel to "Ditch Road", across their property as approximately shown on "Exhibit Blt. ( '\\ ,\ ~S2L (h>-- . ~pman \ Sl1S~apmanG2Z 390 Orchard Street t' ) Ashland, OR 97520 ~~,.; ~.......I....III..I.I.I.I.I..II........I..I.II..I.I.....I..II~..IIIIII.IIIIIII.IIIII.I.IIIIIIIIIIIIIIIIIIIII1111.1..11111.111.111..1111 From: To: Date: Subject: Don Robertson Jim Olson 8/2/200512518 PM Smith alley vacation request Jim, I just met with Brian and Diane Smith reqarding their vacation request. The alley connects to Ditch road and Hleir own property. The Ditch road is currently used by many hikers, but this alley as is provides no current or future improvment to the hiking conditions. In exchange for the alley vacation, the smiths have proposed a new pedestrian access easment (PAE) be placed roughly parallel to the ditch road but angled towards city open space property_ While it Will not complete a link to the property, it will start one that can be continued to provide better access onto current city property and eventually link up to sky crest drive along another PAE. From my prospective I think it s~lould be granted with the provision that it be replaced with a perminent PAE, surveyed route approved by Jeff McFarland our trails coordinator thanks don CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING NOVEMBER 8, 2005 MINUTES CALL TO ORDER ~ Chair John Fields called the meeting to order at 7:05 p.m. at the Civic Center, 1175 E. Main Street, AsWand, OR. Commissioners Present: John Fields, Chair Russ ChaPman Olena Black Michael Dawkins Allen Doums Dave Dotterrer John Stromberg Mike Morris Jack Hardesty, present Bill Molnar, Interim Planning Director Maria Harris, Senior Planner Mike Reeder, Assistant City Attorney Sue Yates, Executive Secretary Council Liaison: Staff Present: ANNOUNCEMENTS - The deadline for applying for the vacancy on the Planning Commission is Friday, November 18"'. APPROVAL OF MINUTES September 27, 2005 - Continuation of Northlight Hearing - Black asked noder item 4 where she spoke, to delete "it" and add "the Design Standards." Dotterrer/Doums mls to approve the minutes as corrected. Voice Vote: The minutes were approved. October 11, 2005 - Regular Meeting ~ DoumafDotterrer mls to approve the minutes. Voice Vote: The minutes were approved. PUBLIC FORUM COLIN SWALES, 461 Allison Street, showed a color coded map of lots in the downtown and discussed where he felt it appropriate to have 40 foot bnildings in the downtown. He said we should preserve Primary Contributing bnildings and those bnildings on the National Register. The non-compatible, non-historic, and non-contributing could be remodeled or tom down and rebuilt. Build smaller buildings on smaller lots, not maximizing at the 40 foot height, leaving the larger lots for larger buildings also recognizing the bulk and scale of the neighboring buildings. The color coded map is available at the library. TOM GIORDANO, 2635 Takelma Way, felt strongly tltst we need to have an urban design form for the downtown, looking at the downtown in a comprehensive way. Dawkins noted the Commissioners that are working on the Downtown Plan are looking at tltst. TYPE " PUBLIC HEARINGS PLANNING ACTION: .2005-01674 SUBJECT PROPERTY: 11 First Street OWNER/APPLICANT: Ron & Carrie Yamaoka DESCRIPTION: Request for reconsidemlon ofthe Planning Commission decision reached at the October 11, 2005 Planning Commission meeting requesting Sne Review approval for a three.story, mlxed.use building comprised of restaurant space, office space and two residential unn& for the property located at 11 First St. The proposed building Is approximately 4,500 square feet In size, and Is located In the Downtown and Detail Sne Review zones. A Tree Removal Permn Is requested to remove four trees sized six Inches diameter at breast height and greater. Reconsideration Fields, as gnided by the City Attorney, has concluded this action should be reconsidered and continued at next month's meeting because of an error in the ordinance interpretation. A revised plan has been submitted by the applicant eddressing the vision clearance issue. This will also give the Historic Commission an opportunity to review any revisions ASHlAND PlANNING COMMISSION REGUlAR MEETING MINUTES NOVEIIBER 8, 2005 1 Reconsideration Fields decided not to exercise his power to ask for a reconsideration of this action because he does not believe any new information has emerged. Fields would like the Commission to instruct Staff as to what standards and what issues should be included in the denial. DownalDotterrer mls to reconsider. Roll Call: Dotterrer, Morris, Douma voted "yes" and Dawkins, Black, Fields, Chapman and Stromberg voted "no" to reconsider. The motion failed and the action will not be reconsidered. The Commissioners discussed at length whether or not they should give Staff guidance for the findings. During deliberation of this action at the September 27, 2005 Planning Commission meeting, there was no clear consensus on each separate issue. Fields asked each member to voice any reasons they might have had for denial that were not part of the motion at the meeting on the 27th. Chapman voted for denial because the project was represented as two lots and it failed to meet the commercial requirement on the back lot. Black voted to deny because it did not meet four of the criteria of the Downtown Design Standards. The setback issue was not clear. She had problems with the height, stepping back and staggering of the buildings as well as the 80 foot building width and lots greater than 80 feet in width. She had concerns with the setback on the comer, the sense of entry at the comer of First and Lithia Way as well as not maintaining the rhythm of buildings. She did not have enough information about the future ofLithia Way. Dawkins did not like the bulk and scale of the building. There were no real differences in the height of the buildings. He objected to the building being three stories high and as long as the buildings on the Plaza. An approval would have overturned the setback already established on Lithia Way. The setback should be protected for the future. . Fields said he would like to see a good sized sidewalk and the building built to the street. His reasons for deuial were keeping the entire ground floor commercial and bulk and scale of the buildings (articulation, building height and size). It would make sense to have six residentiallive/work units. The buildings have more glass than building and that much glass does not complement the downtown. The public needs to be able to see into the commercial areas. Douma denied the project because there are two lots and one did not meet the requirement of the zoning district. He had concerns about bulk and scale. Dotterrer concurred with Chapman and Douma. Stromberg voted for denial because the balance between residential and commercial went too far and it was difficult to determine if the project was considered one or two lots. There were several aspects of the Design Standards that were not met, including bulk and scale. He did not like the sense of entry. If the front yard setback is along First Street, then the setback should be 20 feet, if the plain language of the ordinsnce is applied. Though minor, the project doesn't satisfY the vision clearance. He does not believe the case was made that the transition from the townhouses to the adjoining neighborhood was made. He felt the purpose of the separation between buildings was not met as it was intended to reduce the mass, not making the separation wide at the front and narrow at the back. He did not like the height of the tower. The variation in heights did not meet the burden of proof. Morris agreed with Chapman, Douma and Dotterrer with regard to the commercial versus residential after the lot split. There was not adequate discussion of the bulk and scale during the Commissioners' discussion. PlANNING ACTION: 2005-01476 SUBJECT PROPERTY: 290 Skycrest Drive OWNER/APPLICANT: Brian & Diane Smith DESCRIPTION: Land Partition to divide one existing parcel Into two parcels Including one flag lot for the property located at 290 Skycrest Dr. The application Includes a proposal to vacate the existIng public aUey right-of-way to the north of the property. A Variance Is requested to minimum lot width requirement and the mInImum lot size. The minimum lot width required Is 100 feet, and the proposed lots are Irregularly shape with portions under 100 feet In width. The minimum lot size In the RR..S zone Is .50 of an acre, and the proposed lots are .36 of an acre. The eastern portion of the property, approximately .38 of an acre, Is proposed as dedicated open space. A Physical Constraints Review Permit Is requested to creste a parcel with Slopes 25% and greater and remove three Black Oak trees greater than 12 Inches diameter at breast height In Hillside lands. ASHLAND PlANNIlG COMMISSION REGULAR MEETING MINUTES NOVEMBER 8, 2005 4 . Site Visits and Ex Parte Contacts Chapman walked the site a couple of months ago and a gentleman on site identified himself to Chapman. Today he wsIked the site down the back slope. Black walked the site a couple of months ago. He met the owner and they talked about how to identify a white and black oak tree. She has since had communication with the owner on Comprehensive Plan issues. She believes she can be unbiaaed. Dawkins, Dolterrer and Fields had a site visit. Douma and Stromberg had nothing to report. Monis had a site visit. He reported thst he just completed a job that Kerry KenCaim was working on at the same time. He did not believe he had a conflict of interest. STAFF REPORT Hanis said there are two pieces to the application. The bulk of it is a land use application. The second piece is a request for a vacation of an alley. The land use application has three components. The first is a request to create a new flag lot. Secondly, there is a request for two Variances - 1) the middle lot width of 100 feet and 2) for the minimum lot size. Third, there is a request for a Physical Constraints Review permit to remove three trees greater than 12 inches diameter at breast height in Hillside Lands and to create a new lot that is in Hillside Lands. Hanis gave the property description and location. The Tree Plan identifies 118 trees with three black oak trees slated for removal. All of the land is considered Hillside because it slopes 25 percent and greater. There is an existing single family home in the southwest corner of the property. She described the proposed partition by way of the site plan. The partition relies on the vacation of the alley. The alley right of way width is 20 feet. The main discussion point is granting of the two Variances. The Staff Report discusses them in further detail. The lot width is calculated by averaging the different areas. Each lot size is a minimum one-half acre. Staffhas taken a conservative approach. The applicant has argued the site is unique or unusual because it is surrounded by lots that are smaller than one-half acre. It is unique because it is a large lot but one of the only ones in the area that could have possibly two home sites. Staff may not agree with the applicant's argument that this application is a benefit because it is using the property to its intended density. Goals and policies in the Comprehensive Plan talk about looking at lower densities in areas that have physical constraints. There is always th~ balancing of what makes the most sense. However, the obvious benefit is the public open space and use of the property in a trai1 dedication whether it is through an easement or a lot. Hanis showed the alternative scenario as discussed in the Staff Report. This scenario assumes the alley vacation would not happen, leaving a relatively small area to build on. Would that be an adequate area upon which to build? PUBLIC HEARING LARRY MEDINGER, 115 Fork, said he is the technical person, builder and fiiend of the applicant. He outlined the buildable area on the site plan. There is a sewer line easement across the slope going over to the alley and down to Ditch Road. Dotterrer/Black m/s to ex/end the meeting to 1 J :00 p,m. Everyone approved. Medinger said he believes the plan they are presenting is the best planning for the site. They are proposing two lots at .36 acres and one at .4 acres. They are proposing to set aside a significant amount of open space at the bottom of the property. They are trying to relate to the other lots in the neighborhood. The distance from the south property line to the north property line is 68 feet, making for a nice sized lot. The solar access is governed by a 16 foot solar fence, allowing for a substantial house. He showed the proposed dedicated open space and trail. Their map says "easement" but the idea is to dedicate that area, including the applicant's one-half of the vacated alley to the City. BRIAN SMITH, 290 Skycrest, stated they are proposing the partition so they can ultimately build a small, modest house and dedicate the lower portion to the City. He noted that by dedicating the lower portion of the lot. a hiker, jogger, trail user can traverse the slope and at some point tie into the Hald trsil system. It gives more options to walkers and joggers. There is another neighbor who is not willing to dedicate the property that would be the connecting piece. Smith mentioned a letter from David Chapman endorsing the vacation of the alley only if the Smith's offered a trail easement to the City. There is also a letter from Don Robertson, Parks and Recreation Dept., favoring the alley vacation as long as they can have the trail option. There was a lelter from Jim Olson, City Engineer. There was a letter from Rob ASHlAND PlANNING COMMISSION REGULAR MEETING IIINUTES NOVEMBER 8, 2005 5 . Cain, President of the Ashland Woodlands and Trails Association giving support of the alley vacation in exchange for a trail easement. Medinger said the Variances are minor and the sizes are well within the mid-range lots in the Skycrest subdivision. This lot is unique because it is the only lot over one acre that has two building sites that can be developed. staff Response. Harris said lOOking at the alternate scenario, the dimensions average 67 feet. The assertion by Medinger that this proposal could come forward and not require Variances is probably not accurate. Rebuttal. Medinger said you don't average the flag drive in the lot width. COMMISSIONERS' DISCUSSION AND MOTION DoumalBlack mls to approve P A2005-0 1476 with the attached 19 Conditions of approval, Roll Call: Unanimous. -1 Douma/Stromberg mls to recommend to the Council vacation of the alley right of way to the north of 290 Skycrest. Roll Call: Unanimous. OTHER Meeting Date Change - The December Plauning Commission meeting will be held, Monday, December 12''' at 7:00 p.m. The Hearings Board will be held on the same date at 1 :30 p.m. in the Council Chambers. Dotterrer will be absent. The Commissioners were asked to keep their packets from this month for the next meeting. ADJOURNMENT - The meeting was adjourned at 11 :00 p.m. Respecifitl/y submitted by Susan Yales Executive Secretary ASHLAND PlANNING COMMISSION REGULAR MEETING IINUTES NOVEIIIIER 8, 2005 6