HomeMy WebLinkAboutTolman Creek & East Main (2)
Contents of Record for Ashland Planning Action 96-018
REQUEST FOR ANNEXATION OF 11.25 ACRES FOR FU'IURE
DEVELOPMENT OF A 96-UNIT AFFORDABLE HOUSING
RESIDENTIAL DEVEWPMENT LOCATED ON THE SOUTHWEST
CORNER OF EAST MAIN STREET AND TOLMAN CREEK ROAD. THIS
REQUEST ONLY INVOLVES ANNEXATION INTO THE CITY OF
ASHLAND. COMPREHENSIVE PLAN DESIGNATION: SUBURBAN
RESIDENTIAL; ZONING: RR5 (JACKSON COUNTY); PROPOSED CITY
ZONING OF R-I-3.5P; ASSESSOR'S MAP #: 391E llC: TAX LOTS:
1500 (6.25 AC.) AND 1600 (5.04 AC.).
APPLICANT: ACCESS, INC.
-- Public Notice Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Ann "C" 2
exatlon ntena............................................
-- Planning Commission Minutes 2/13/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-10
-- Planning Dept. Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-18
-- Letter from Jackson County dated 2/5/96 ........................... 19-20
-- Letter from TID dated 1/31/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
-- ACCESS Findings and Submittals dated 1/12/96 .............. . . . . . . .. 22-67
-- Letter from John Sully received 2/29/96 ............................ 68-69
-- Letter from Al and Anne Bodin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
-- Letter from E. L. and Alice Ross received 3/13/96 .................... 71
-- Letter from tenants of Tolman Creek Mobile Home Park ............... 72-74
-- Letter from Juli Schwartz dated 2/12/96 ............................ 75
Notice is hereby given 'that a PUBLIC HE NG on the fOllowing
request with respect to the ASHLAND LAND USE ORDINANCE
will be held before the ASHLAND CITY COUNCIL on March 19,
1996 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East
Main Straat, Ashland, Oragon.
The ordinance criteria applic.ble to this application are attached to this notice.
Oregon law states that failun, to rain an Objection concerning this applicetion,
either In penon or by letter, or failure to provide 8ufficMmt .peclflclty to afford the
decision maker an opportunltv to respond to the Issue. precludes your right of
appeal to the Land Use Board of Appeals (LUBAI on that Issue. Failure to specify
which ordinance criterion the objectJon la ba.ed on alia precludel your right of
appeal to LUBA on that criterkln.
A copy of the application 'ocuments and evidence relied upon by the applicant
and applicabkl criteria are, .able for inspection at no cost and will be provided at
reasanabkl cost, If requosted. A copy of the Staff Report will be available for
inspection seven days prior to tho hellring and will be provided at reasonable cost. if
requested. All materials are available at the Ashland Pianning Department, City Hall,
20 East Main Street, Ashland, Oregon 97520.
During tho Public Hearing, the Mayor shall allow testimony from the applicant and
those In attendance concerning this requod. Tho Mayor shall have the right to limit
the length of testimony and require that comments be restricted to the applicable
criteria. Unle.. there I. a continuance, If a participant so requests before the
conclusion of the hearing, the record shall remain open for at least seven days after
tho hearing. If you have queltlons or comment, concerning thi, request, please feel
free to contact Susan Yates at the Ashland Planning Department, City Hall, at 488-
5305.
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PLANNING ACI'ION 96-018 is a request for Annexation of 11.25 acres for future
development of a 96-unit affordable housing residential development located on the
southwest comer of East Main Street and Tolman Creek Road. This request only
involves annexation into the City of Ashland. Comprehensive Plan Designation:
Suburban Residential; Zoning: RRS (Jackson County); Proposed City zoning of R-l-
3.5P; Assessor's Map #: 39 IE lIC; Tax Lots: 1500 (6.25 ac.) and 1600 (5.04 ac.).
APPLICANT: ACCESS, Inc.
I
18.108 065 Annex, Lon
The following Findings shall be required for approval of an
annexation to the City:
1. That the land is within the City's Urban Growth Boundary.
2. That the proposed zoning and project are in conformance
with the City's Comprehensive Plan.
3. That the land is currently contiguous with the present
City Limits.
4. That adequate City facilities for water, sewer, paved
access to and through the development, electricity"
urban storm drainage, and adequate transportation can
and will be provided to and through the subject
property.
5. That a public need for additional land, as defined in
the City's Comprehensive Plan can be demonstrated; or
a. that the proposed lot or lots shall be
residentially zoned under the city's Comprehensive Plan
and that the applicant has agreed to provide 25% of the
proposed residential units at affordable levels, in
accord with the standards established by resolution of
the Ashland city Council. Such agreement to be filed
as part of the initial application and completed and
accepted by all parties prior to the final adoption of
the ordinance annexing the property; or
b. that the proposed lot or lots will be zoned E-l
under the City's Comprehensive Plan, and that the
applicant will obtain site Review approval for an
outright permitted use, or special permitted use
concurrent with the annexation request or within one
year of the annexation hearing and prior to the final
adoption of the ordinance annexing the property.
Failure to obtain subsequent site review approval shall
invalidate any previous annexation approval; or
c. that a current or probable public health hazard
exists due to lack of full City sanitary sewer or 'iYater
services; or
d. that the existing development in the County has
inadequate water or sanitary sewer service; or the
service will become inadequate within one year; or
e. that the area proposed for annexation has existing
City of Ashland water or sanitary sewer service
extended, connected, and in use, and a signed "consent
to annexation" agreement has been filed and accepted by
the City of Ashland; or
f. that the lot or lots proposed for annexation are an
"island" completely surrounded by lands within the city
limits."
2
keep a lively, attractive streetscape, there is no reason not to maintain this piece to keep it an attractive
element of the overall design of the project.
Armitage disagreed because the college is not developing the neighboring piece at this time and it
should be an option of the property owner to improve.
Bingham thought the parcel would be a good garden space for the tenant and would only require the
applicant to till the land.
Carr said the applicants could let the tenants know that the land is available for Improvements by the
tenants.
Howe movool to amend the motion to require usage of that triangular space between the north driveway
and bike path at the applicant's discretion but not to be kept in weeds. Bingham seconded the motion.
Cloer said th e applicant has indicated a concern about on-going maintenance costs and the parcel is
being left for future development. He would agree to a recommendation but not a requirement.
Bingham would also be satisfied with a recommendation, therefore, Howe withdrew her motion and
made a sugg'estion, not a motion. Bingham withdrew his second.
The motion carried unanimously.
TYPE III PUBLIC HEARING
PLANNING ACTION 96-018
REQUEST FOR ANNEXATION OF 11.25 ACRES FOR FUTURE DEVELOPMENT OF A 96-UNIT
AFFORDABLE HOUSING RESIDENTIAL DEVELOPMENT
LOCATED ON THE SOUTHWEST CORNER OF EAST MAIN STREET AND TOLMAN CREEK ROAD.
APPLICANT: ACCESS, INC.
Site Visits and Ex Parte Contacts
Site visits were made by all. Armitage noticed the applicant is using the entire area above the wet area.
Cloer was interested in the wetlands area.
STAFF REPORT
This application is only for annexation of 11.25 acres adjacent to the current city limits. The proposal is
being put forNard by ACCESS to accommodate a future application for 96 units of affordable housing.
The land Is In the Comprehensive Plan as Suburban Residential, an Intermediate zoning between single
family and multi-family. It allows for a townhouse or rowhouse Individually owned or apartment style or
manufactured housing developments. Density ranges from about eight to twelve units per acre.
The application meets the criteria for public need for annexation of additional land. There is need for
affordable housing and this application comes In at a much lower level than what has been Identified
through Resolution. This application is targeting those Individuals at 60 percent of median income with
all units bein!) affordable. The applicants have guaranteed affordability for up to 50 years.
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The application also meets the criteria of need for additional land. The Comp Plan identifies different
categories of residential land--multi-family residential, suburban residential, single family residential and
low-density residential. The inventory of suburban residential land if it were built out would last about 1.5
years. There is only one parcel of land available that already has approval for development on Clay
Street, therefore, there is less than a five year supply available in the city limits at this time of R-1-3.5 so
there is an indication of a public need.
Staff believes the availability of public facilities are adequate or can be made adequate through the
extension of water and sewer and through transportation Improvements. These conditiom; could be
imposed at the time site review approval.
Overall, Staff believes this annexation is necessary and complies with the criteria for publie need. Staff
has recommended approval with the attached three conditions.
Howe saw a letter from the County stating they would like us to annex the half of the road next to this
project and require the applicant to curb and gutter it to urban levels. Mclaughlin said they would
probably annex the entire right-of-way. It is still a county road should be made a part of the city and
develop the half adjacent to this property to a city standard with curb, gutter and sidewalk. Condition 2
could be modified to include the Tolman Creek right-of-way. East Main is also a county road and it
could be included also.
Armitage asked Mclaughlin to further explain public need. Lands could be rezoned but that would be a
comprehensive plan amendment to increase densities to accommodate this someplace el:;e in the city.
What is in place today are the rules existing now and the inventories the applicant must follow. The
inventory of R-1-3.5 land (6.9 acres) is only enough inventory for normal consumption for one and one-
half years. Without any other lands this falls under the criteria of need for additional land.
Finkle said he understood the applicant has communicated with RVTD about extending a bus route as
far as the museum. Mclaughlin said RVTD and the city are looking at the cost of extendlllg a bus line
down East Main to serve the museum, go up Walker and tie in as a transit stop near the Beanery. The
extension of the line to the proposed development would probably require further development along
East Main to have the density to support the extension of the line.
PUBLIC HEARING
DEBBIE PRICE, ACCESS, 3630 Aviation Way, Medford
PAlTY CLAYS, Executive Director of ACCESS, stated ACCESS applied and became a Community
Development Corporation. Under that designation they have undertaken housing development as a
long-term solution to the needs of the economically disadvantaged. They believe it will m~et the needs
of those needing affordable housing and help the city attain their goals for affordable hom.lng.
SUSAN ASAM, Housing and Community Services, State of Oregon, said ACCESS has approached them
to use their funding sources. They are In the process of a funding application cycle. The only projects
that are successful are those able to demonstrate different things, Including need and market relevance.
This project will be required to serve people at low incomes with rents at certain levels.
PRICE said the application meets the Intent of the consolidated plan and of the Comp Plan and of the
affordable housing study. The criteria have been met and bringing this project to the Commission will
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improve quality of life for Ashland residents. They would like to help those that work or live here to
provide affordable housing to those residents.
JEFF PAULY, Peak Environmental, environmental consultant, said this particular project has some
constraints with wetlands. The applicant wants to leave this as in tact as is practical. The project will
enhance the wetlands.
WAYNE SCHUMACHER, as a representative of SOSC encouraged the project. There is a glaring
problem with affordable housing and this will meet the needs of a different group of people.
Finkle asked Price for any communication she has had with RVTD. Price talked this week with RVTD
and they are proposing the route mentioned by Mclaughlin. Until that happens, a route would run down
Tolman Creek and toward the shopping center to the freeway. RVTD is flexible in trying to design a
transportation route that would serve the most number of people. Currently the area is being served by
school buses and the district intends to accommodate any number of students residing in this complex.
RUSS DALE, private developer and Chairman of the Dept. of Housing and Community Services, stated
that with ACCESS acting as developer, they can get funding to provide housing to those who might not
otherwise get served, and he would favor that. As a committed Ashlander, he feels comfortable with the
annexation.
BECKY RUSS ELL, 2330 East Main Street, the owner of the proposed property favors the development.
GLENN TIFFf,NY, 1229 North Main Street, commercial appraiser and member of newly formed Housing
Commission naid that right now there is a shortage of apartment housing unas and people are forced to
move to PhOE~nix or Talent. Because of the pressure, rent levels have increased. Wahout this type of
housing, people in the service sector are forced to commute from Medford. This project will be in close
proximay to bus lines and employment centers.
RON ROTH, li950 Old Highway 99 South, said his businesses employ 50-<50 people with approximately
one-quarter slUdents, one-quarter homeowners, and little more non-student renters. He is supportive of
the concept because the availability of affordable housing has decreased over the years. The supply
has decreasej as demand as increased. He would prefer the project be located a lITtler closer to the
downtown, but realistically, there are very few saes available for this type of project. He asked about
tenant eligibility. Is there a maximum Income and if so, what if they get a big raise and move out of the
eligibility?
Price responded that a decision has been made to try and keep the housing available for the population
qualifying for a. If that person reaches a point In their Income level where they can afford housing that
normally they would not qualify for, ACCESS would make a determination to work wah them through a
service plan so they could move to the next step. Eventually they would be asked to move, but not right
away.
Roth also wanted the wetlands to be considered.
Bass asked if ACCESS had any other projects located in the valley. Price answered there is a small
completed development in Medford (10), an 82 una project under construction in Medford at Barnett and
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Ellendale (began renting this week).
Finkle asked Staff if this is an affordable housing project, will the SDC's be waived? The Council has
decided to waive SDC's on this type of project. However, certain things cannot be deferrEd. Any
deferrals can be thought of as an area the city is subsidizing affordable housing and the expense is
spread out to all citizens to absorb.
Finkle wanted ACCESS to understand that because this type of development results In spreading the
costs of development throughout the community, it is Important for ACCESS to be aware of the benefit
provided. He would ask that ACCESS do everything possible to work with the city to work on
transportation, open space, sewer and water. Price can comfortably give that assurance. ACCESS
wants to partner In the commitment to the city since the city has stepped up to the affordable housing
issue.
Under Condition 3, Howe wondered if the proposal is approved, is the approval tied only to this
application. Mclaughlin responded that the Commission seems to be more comfortable with this type of
approval, but that is the Commission's decision. The Commission would be relying on the applicant to
move forward with this project. If the Commission feels this property should be annexed because of
public need only, that is the Commission's choice.
ZACH BROMBACHER, 640 Tolman Creek Road, believes this is a great Idea and Is a needed thing to
get people home. Brombacher wanted to relate his experience on Tolman Creek Road and let the
applicant know that landowners need to realize the Impact they have. He was assessed $55,000 for
improvements when Tolman Creek Plaza was built for his share of the traffic light. With this proposed
annexation, he would hope when it is judged, that the financial responsibility be put on tho whole city
instead of a few individual property owners. Let's try and help these people and do it as a city.
DENNIS COOPER, 1983 Crestview Drive is against the proposa1. Jarvis read his comments.
CATE HARTZELL, 881 East Main, Is not in opposition to low-income housing. Her concerns and
questions are: What will be the rent range? What kind of mitigation measures are being planned for six
to ten vehicle trips per day on the unsafe corner at Tolman Creek and East Main? Will the widening of
East Main happen before the development goes in and will it be a local Improvement district? What will
be done about drainage and runoff? Who will pay for the added bus routes? Does the 8.5 dwe1l1ng
units per acre take into consideration the wetlands Impact? Is the project coming with hlUh end density
instead of using other available lands? Has the applicant looked at other smaller parcels Instead of one
large parcel?
JOHN MIEDAEKE, 215 Tolman Creek Road, Space 6, speaking for many of residents of the mobile
home park, read prepared comments that have been Included In the record.
MARILYN BRIGGS, 590 Glenview Drive, believes there needs to be a proven need under the annexation
criteria. She Is not sure Ashland needs this many more units, in particular, through anne~ation.
ACCESS could use some of the existing seven acres. If they use the smaller acreage, thoy could build a
few units at a time and it won't turn Into a ghetto. This project will not provide a diversifiEd
neighborhood. The drawings of the proposed project look like barracks or Chicago housing projects
which has not worked.
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DEBBIE MillER, 160 Normal Avenue, stated this application is not a question of if this project is needed
but where is the housing needed? This is not the right place of this project Proof is needed that the
land is critically needed by the city. Annexation would lead to another piecemeal planning approach and
this area needs a long-range plan. Most residents in the unincorporated areas do not want to have their
land and way of life destroyed. What about contract annexation? She suggested there should be a
more careful inventory of the city land that shows the need for this zoning is not as crITical as the CITY
reports. If this type of housing is found to be needed a better solution would be a smaller project It
would be a more appropriate scale. Other things to be considered are city services, schools, adequate
parks and open spaces and the need for some the pressure for low-income housing has been mITigated.
Staff Response
Mclaughlin said the density is calculated on the raw size of the parcel which would include wetlands.
Armitage asked if public transportation has to be in place before the approval of the project Mclaughlin
answered only if the Planning Commission makes that finding.
Bingham reported an ex parte contact with Debbie Miller which was mostly about annexations in
general, not Hpecifically about this one. She raised the same concerns to him as she did in her
testimony. Specifically, she is concerned that other property owners in the area had expressed an
interest in developing their land and they are just waiting for ACCESS and this would be a domino affect
Mclaughlin said there are two separate parcels in two areas that could accommodate 30 unITS each in
an R-2 zone and one parcel that could accommodate 30 unITS in an R-3 zone.
Carr moved to continue the meeting until 10:30 p.m. Cloer seconded the motion and all favored.
Carr asked if the annexation includes streets, do those streets remain a county road or in the jurisdiction
of the city. Mclaughlin said they would remain In the county but the city would eventually take IT over.
If the project remains under ACCESS, Carr wondered what the tax status would be after IT is complete.
Mclaughlin thought it might be non-profrt and exempt from taxes.
The City Engineer's recommendation is to Include the adjacent rights-of-way of East Main and Tolman
Creek Road as part of the boundary survey.
Rebuttal
PRICE provided sample rents and disagreed that by concentrating this housing project in one location
would create a ghetto. Finkle wondered to what extent ACCESS explored building this type of housing
on smaller pockets of land in Ashland. Price replied they looked at several SITes and IT would be more
expensive to build on smaller parcels.
COMMISSIONERS DISCUSSION AND MOTION
Jarvis outlined the areas of compliance WITh the crITeria and the areas in question. The only crITeria that
need to be re,viewed are 4 (city services) and 5a. (affordable housing). Discussion will Include CondITion
3.
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Howe sees the need to tie this project to Condition 3 because it is coming in as low-income housing
and that is a criteria for annexation. Without this, approval would be questionable. Armitage disagreed
because he believes it meets the criteria of a need for this type of housing to be annexed, therefore,
does not need to be tied to Condition 3.
Giordano said if the Commission is allowed to see the site design, the applicant will have an opportunity
to work with the transit district and find alternate modes of transportation that would work. Giordano
believes the application meets criteria 5a (affordable housing). He does have a problem with
transportation (4) but is supportive of the application. He does not believe the application does not
need to be tied to Condition 3.
Bass said this is one of many projects that continues to load traffic onto East Main Street, but the
Commission has no mechanism by which to evaluate traffic impacts. He would have no evidence to
support a finding that traffic was going to be unacceptable because the Commission has no data to
make that determination. This application has also had to rely on trusting that the applica'~t has looked
at alternatives. The Commission has not been shown those alternatives. It would be nice to know which
alternative sites the applicant had looked at and why they were not sufficient. Given the criteria in place,
he would agree that the application meets the criteria for approval.
Bingham is particularly struck by Roth's testimony because rarely does a month go by that an employee
moves out of town to Phoenix, Talent or Medford and commutes,to Ashland. By NOT providing housing
for a large segment of the population, we are encouraging air pollution by increased vehicle trips out of
town. It is appalling that people taking care of us cannot even live here-this alone would satisfy public
need. Bingham strongly supports the project.
Carr has a problem with criteria 4 in view of the number of units pending within the city limits. She is
concerned about water and sewer and would like to see solutions in those areas before she would want
to annex more problems into the city.
Cloer believes the application meets the criteria. He echos Bingham's remarks. This will add to the load
of East Main but he has no reason to believe this would not be acceptable.
Finkle also believes the application meets the criteria and Bingham's point about transpoH:ation was valid
because there are trade-offs and in some ways transportation may be reduced by having people being
able to live in town instead commuting into town. The walk from the comer of the property to
Albertson's takes six minutes. The bus stop is a couple of minutes beyond, but there is reasonable
transportation now. He would like Condition 3 tied to the application.
Howe thinks the application meets the criteria. The Commission should address the idea there is intense
population in this area and this is space for development that Is like a node. It has commercial,
recreational and this peninsula development creates a community that needs children because it has a
big park and needs to have the density that would support the transportation to bring it into the fuli city.
By keeping this area dense around the commercial area, it will keep commercial strong alld keep people
on routes with major arterials and not spread out over the whole landscape In a low density mode.
Howe asked to modify the Conclusions and Recommendations to site specifically the incl usion of the
street frontages (Tolman Creek and East Main right-of-ways),
Howe moved to approve Planning Action 96-018 with amended Condition 2 to state: "That a boundary
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description and map be prepared by a registered land surveyor including the adjacent rights-of-way of
East Main and Tolman Creek Road prior to the Council approving the annexation". Bingham seconded
the motion. The motion carried with Carr casting the dissenting vote.
TYPE II PUBLIC HEARING
PLANNING ACTION 96-021
REQUEST FOR CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT A GENERAL
OFFICE (1642 SQ. FT.) WITH TWO APARTMENT UNITS ABOVE (1924 SQ. FT.)
A THREE FOOT, SIX INCH FRONT YARD VARIANCE IS ALSO BEING REQUESTED
563 N. MAIN STREET
APPLICANT: JACK ADAMS/SAM DAVIS
Site Visits and Ex Parte Contacts
Site visits were made by all.
Cloer talked to the contractor who was doing the sidewalk. He noted a couple of trees and wondered
what would happen to them.
STAFF REPORT
Carr moved to continue the meeting until 11 :00. The motion was seconded and approved.
Knox outlined the items in the Staff Report. Staff has recommended approval of this application. There
will be a five foot landscaped buffer in the rear parking area. A condition is included regarding the
installation of a fence. Knox explained that a retaining wall will be just around a portion of the spruce
tree. It appears the pine and oak trees will need to be removed.
FRAN ICENHOWER, designer, was available for questions.
PAUL KAY, 1:~54 Strawberry Lane, supported the approval.
Carr moved to approve PA96-{)21 with the addition of Condition 8 to provide adequate protection to the
spruce tree during construction. The Variance criteria were met because of unique and unusual
circumstance". Giordano seconded the motion and it was unanimously approved.
RE-OPENED PLANNING ACTION 96-018 (Annexation)
Enter the two letters from Julie Schwartz and AI Bodin into the record.
OTHER
Report from TPAC
Finkle said the report should be completed within two to three months. Finkle wrote an article
for Lithiagraph explaining what TPAC Is doing. TPAC meetings are held the first Friday of each
month at the Council Chambers at 8:00 a.m.
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description and map be prepared by a registered land surveyor including the adjacent rights-of-way of
East Main and Tolman Creek Road prior to the Council approving the annexation". Bingham seconded
the motion. The motion carried with Carr casting the dissenting vote.
TYPE II PUBLIC HEARING
PLANNING ACTION 96-021
REQUEST FOR CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT A GENERAL
OFFICE (1642 SQ. FT.) WITH TWO APARTMENT UNITS ABOVE (1924 SQ. FT.)
A THREE FOOT, SIX INCH FRONT YARD VARIANCE IS ALSO BEING REQUESTED
563 N. MAIN STREET
APPLICANT: JACK ADAMS/SAM DAVIS
Site Visits and Ex Parte Contacts
Site visits were made by all.
Cloer talked to the contractor who was doing the sidewalk. He noted a couple of trees and wondered
what would happen to them.
STAFF REPORT
Carr moved to continue the meeting until 11 :00. The motion was 'seconded and approved.
Knox outlined the items in the Staff Report. Staff has recommended approval of this application. There
wiil be a five foot landscaped buffer In the rear parking area. A condttlon is included regarding the
installation of a fence. Knox explained that a retaining wall will be just around a portion of the spruce
tree. It appears the pine and oak trees will need to be removed.
FRAN ICENHOWER, designer, was available for questions.
PAUL KAY, 1254 Strawberry Lane, supported the approval.
Carr moved to approve PA96-D21 with the addition of Condition 8 to provide adequate protection to the
spruce tree during construction. The Variance criteria were met because of unIque and unusual
circumstances. Giordano seconded the motion and tt was unanimously approved.
RE-OPENED PLANNING ACTION 96-018 (Annexation)
Enter the two letters from Julie Schwartz and AI Bodin into the record.
OTHER
Report from TPAC
Finkle saId the report should be completed wtthin two to three months. Finkle wrote an article
for Uthiagraph explaining what TPAC is doing. TPAC meetings are held the first Friday of each
month at the Council Chambers at 8:00 a.m.
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
February 13, 1996
PLANNING ACfION: 96-018
APPLICANr: Access, Inc.
LOCATIOl'i": 2330 East Main - Southwest of the intersection of Tolman Creek Rd./East
Main.
ZONE DESIGNATION: RR-5 (Jackson County) - - R-I-3.5 Proposed (City of Ashland)
COMPREHENSIVE PLAN DESIGNATION: Suburban Residential
ORDINANCE REFERENCE:
Annexation
18.108
REQUEST: Annexation of approximately 11.5 acres into the City of Ashland. The
proposed zoning for the property is R-I-3.5P (Suburban Residential).
I. Relevant Facts
1) Background - History of Application:
There are no planning actions of record for this site.
2) Detailed Description of the Site and Proposal:
The property proposed for annexation consists of approximately 11.25 acres
southwest of the intersection East Main Street and Tolman Creek Road,
and .5 miles west of Interstate 5. The lands slopes to the north toward East
Main Street, and is relatively void of large trees with the exception of an
area around the existing residence and adjacent to Tolman Creek Road.
A preliminary assessment of the property has identified two potential
wetland areas. One is located adjacent to Tolman Creek Road, with the
other near the northwest corner of the property, adjacent to East Main
Street. This wetland's hydrology runs from south to north, crossing beneath
Tolman Creek Road and East Main Street via culverts.
A residence, barn and detached accessory buildings are located on the
property. These structures are proposed to be removed if the property is
approved for development.
II
Proposal:
The proposal involves annexation of approximately 11.25 acres to the City
of Ashland. The applicant is requesting a City zoning designation of R-l-
3.5P, which is consistent with the property's Comprehensive Plan
designation of Suburban Residential and allows for residential development
at 7.2 units per acre. The application is only for annexation into the City
and does not involve a formal development proposal at this tim{,.
If the Council approves the request for annexation, the applicant would
come back with an application for Site Review approval to consllruct
approximately 96-units of affordable housing. The applicant, ACCESS, Inc.,
is a non-profit agency, which has served Jackson County in excess 17 years.
Access is designated by the State of Oregon as the Community Action
Agency (CAP) for Jackson and Klamath Counties and a Community
Development Corporation (CDC) for Jackson County. As the CDC for
Jackson County, "ACCESS is authorized to seek and administer local,
state, federal and private dollars to develop housing projects which address
the specific housing needs of the Ashland Community."
II. Proiect Imoact
Staff believes that the project complies with applicable criteria for approval for
Annexation, but more importantly, will ultimately provide the community with
approximately 96-units of truly affordable residences. The number of affordable
units far exceeds the 25 percent minimum mandated by the criteria for annexation
approval. Every residence in the project will surpass the minimum requirements
for income and rent levels established by the City. While the City's Affordable
Housing Program targets households with total incomes not exceeding 130 percent
of the median income for Jackson County, the proposed annexation and
subsequent housing project guarantees that no household income will exceed 60
percent of the median income for Jackson County. In addition, the applicant has
discussed that both income and rent levels could be conceivably be guaranteed for
50 years, rather than the minimum of 20 years established by City resolution.
Request For Annexation
The entire site is located within Ashland's urban growth boundary, with the
property's southern lot line being contiguous with the City Limits. Th,~ property
has a Comprehensive Plan designation of "Suburban Residential", and the
applicant has requested the corresponding zoning designation of R-I-3.5. This
PA96-018
Access, Inc.
Ashland Planning Department - Staff Report
February 13, 1996
Page 2
I~
designation allows for residential housing at a base density of 7.2 units per acre.
The ensuing housing project would have an approximate density of 8.5 units per
acre.
Availability of city facilities
It is Staffs opinion that adequate City facilities exist to accommodate urbanization
of the property at a density consistent with the Comprehensive Plan and proposed
zoning designation. City sewer, water, and electricity are located within East Main
Street and Tolman Creek Road and available to serve the project. The water
main within Tolman Creek Road will need to be extended northward to the
projed entrance, and then looped through the development and connected to the
water main in East Main Street. Natural drainage ways on the property, as well as
existing and proposed urban storm drain facilities adjoining East Main Street and
Tolman Creek Road, will be used to collect storm run-off generated by any future
development of the site.
Vehicular access to the project can be provided either along East Main Street or
from Tolman Creek Road. After an initial review of a tentative layout for the
proje:ct, it appears that at least one entrance will be provided off of Tolman Creek
Road at the south end of the property. Both East Main Street and Tolman Creek
Road are paved and include marked shoulders and open ditches for storm run-off.
The development of the site will require the extension of the curb, gutter and
sidewalk along the project's Tolman Creek Road frontage. The details of the
requ:ired improvement will be further examined during the Site Review process.
East Main Street is designated as an arterial on the City's Transportation Plan
Map" capable of handling several thousand automobile trips daily. Traffic counts
completed in 1992 for this stretch showed the following:
Street
Avg. Daily Trips
East Main - East of Tolman Creek
1925
The traffic volumes increase as you get closer to town. For example, the traffic
volumes at East Main Street and Mountain approach 6000 average daily trips.
Tolman Creek Road is identified as a "Collector", capable of accommodating in
excess of 3000 vehicle trips per day. The applicant has estimated that the project
will generate approximately 576 vehicle trips per day, an average of 6 vehicle
trips per household. A more detail examination of access to and through the
development is required as part of Site Review approval. However, given current
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Access, Inc.
Ashland Planning Department -- Staff Report
February 13, 1996
Page 3
13
traffic volumes, it appears that the adjoining streets have ample capacity to serve
the project.
Public transit is within close proximity to the project. The nearest bus shelter is
located at Tolman Creek Road and Highway 66 (Ashland Street), approximately
1/3 mile away. Given that long range transit considerations may include an
extension of the current transit route down Tolman Creek Road and west along
East Main Street toward the civic center and downtown, the applicant is agreeable
to providing a location along the project frontage to accommodate a future bus
shelter.
The project site is located along a City bicycle route. A marked lane runs along
East Main and part way down Tolman Creek Road. The completion of the
Tolman Creek Road improvement, as part of the development of the project,
would complete the remaining link. Given the steep bank adjacent to Tolman
Creek Road as it approaches East Main Street, the applicant would like to
explore the option of routing the bicycle lane atop the bank, adjacent to Tolman
Creek Road, as well as through project. In either case, it is Staffs opinion that
adequate bicycle transportation can be provided to the site.
The existing public sidewalk along Tolman Creek Road will be extended along the
frontage of the property. The interior of the project will have a pedestrian
walkway system which is linked to the public sidewalk adjacent to Tolman Creek
Road. This will allow for direct pedestrian access to the shops, eating
establishments, services, parks and recreational opportunities and bus shelter
located approximately 1/3 mile (5-10 minute walk) up Tolman Creek Road.
Public need
In accordance with the approval criterion for annexation, the project site will be
residentially zoned and will comprise in excess of 25% of the units at the
affordable levels established by resolution of the Ashland City Council. In fact, all
units within the project will not only meet the City's income and rent levels, but
will be guaranteed to households with total incomes of 60 percent or less of the
median income for Jackson County. In addition, the rent and income levels (with
cost of living adjustments) proposed by the applicant may be guarante:ed for a
long as 50 years.
As stated in the Annexation criteria, the public need criterion also may be met by
demonstrating a need for additional land, as defined in the City's Comprehensive
Plan.
The addition of 11.25 acres of R-I-3.5 zoned land appears to be justified based
PA96-018
Access, Inc.
Ashland Planning Department -- Staff Report
February 13, 1996
Page 4
/c.f
on the Comprehensive Plan's desire to "maintain at least a 5-year supply of vacant
land for any particular need" within the City Limits. Specifically, the
Comprehensive Plan states that a minimum of 83 acres of "Suburban Residential"
(R-1-3.5) is needed for the 20 year planning period. Consequently, a 5-year supply
or 20.75 acres should be available at any given time within the City. The City's
inventory of vacant lands shows that there is currently 7 acres of vacant R-1-3.5
zoned land, 13 acres less than desired by Plan policy.
Only one of the public need criteria must be met to satisfy the 5th criterion for
Annexation approval. It is Staffs opinion that the application clearly complies
with the affordable housing provision. The application also appears to
demonstrate that a need exists to incorporate additional vacant land.
Deferred Site Review Approval
As stated earlier in the Staff Report, this application only involves a request for
Annexation to the City of Ashland. The intentions of applicant to development an
affordable housing project have been discussed, but given funding limitations,
favorable consideration of annexation is sought prior to the appropriation of
fund:; needed to produce the detailed documents required as part of Site Review.
While the applicant has met with the Planning Staff to discuss the design of the
project, we consider the submitted site plan very conceptual and includes several
elements in conflict with existing Site Review standards and criteria. The visibility
of p2.rking areas from public streets and in front of recreational buildings, building
architecture and orientation, and the connectivity of pedestrian, vehicular and
bicycle systems throughout the project and to adjoining properties are some of the
issues which still need to be examined in detail. The applicant throughout the
process, however, has expressed a strong desire to not only construct units which
meet the City's affordable levels, but to produce a project which reflects the City's
neighborhood design principles and that will be integrated into the existing
community fabric.
Public street connections
The City's Transportation Plan map includes a required public street dedication
from Tolman Creek Road, across the subject property, to the west boundary line.
Eventually, this east to west connection over to Clay Street would be completed
when the adjoining property west of the site is developed. Staff is also examining
the possibility of providing a public street connection to East Main Street near the
northwest corner of the project. This reduce the burden on the intersection at
PA96-018
Access, Inc.
Ashland Planning Department -- Staff Report
February 13, 1996
15
Page 5
Tolman Creek Road and East Main Street, which due to its awkward
configuration provides less than optimum site distance for motorists. However,
due to the preliminary identification of a wetland near the northwest corner of the
property, this north to south connection may not be feasible without mitigating the
impacts on the wetland.
III. Procedural - Reauired Burden of Proof
The following findings shall be required for approval of annexation to the City of
Ashland:
1. That the land is within the City's Urban Growth Boundary.
2. That the proposed zoning and project are in confonnance with the City's
Comprehensive Plan.
3. That the land is contiguous with the present City limits.
4. That adequate City facilities for water, sewer, paved access to and through the
development, electricity, urban stonn drainage, and adequate transportation can and
will be provided to and through the subject property.
5. That a public need for additional land, as defined in the City's Comprehensive
Plan, can be demonstrated; or
a.
That the proposed lots shall be residentially zoned under the City's
Comprehensive Plan and that the applicant has agreed to provide 25
% of the proposed residential units at affordable levels, in accord with
the standards established by resolution of the Ashland City Council.
Such agreement to be filed as part of the initial application and
completed and accepted by all parties prior to the final adoption of the
ordinance annexing the property; or
b.
That the proposed lot or lots will be zoned E-l under the City's
Comprehensive Plan, and that the applicant will obtain Site Review
approval for an outright pennitted use, or special pennitted use
concurrent with the annexation request or within one year of the
annexation hearing and prior to the final adoption of the ordinance
annexing the property. Failure to obtain subsequent site review approval
shall invalidate any previous annexation approval; or
c.
That a current or probable public health hazard exist due to the lack of
PA96-018
Access, Inc.
Ashland Planning Department -- Staff Report
February 13, 1996
Page 6
/(:,
full City sanitary sewer or water services; or
d. That the existing development in the County has inadequate water or
sanitary sewer service; or the service will become inadequate within one
year; or
e. That the area proposed for annexation has existing City of Ashland
water or sanitary sewer service extended, connected, and in use, and a
signed "consent to annexation" agreement has been filed and accepted
by the City of Ashland; or
f That the lot or lots proposed for annexation are an "island" completely
surrounded by lands within the city limits.
IV. Conclusions and Recommendations
It is Staff opinion that the project complies with all requirements for Annexation.
Public facilities have been shown to be available to the site, and the applicant's
findings demonstrate that City services have adequate capacity to serve the
development. While the final configuration of transportation systems (i.e.
pede~;trian, bicycle and automotive) within the project will be deferred to Site
Review approval, those systems are located adjacent to the property or a short
distance away. The public sidewalk system will be extended to and along the
perimeter of the project, providing access to shops, services, eating
establishments, parks and recreational opportunities, and public transit only
around a five minute walk away. In addition, the project site is located along a
major bicycle route, enhancing access and mobility opportunities for project
residents and visitors.
Most importantly, this proposal will establish a long term, truly affordable
neighborhood. All 96 residences within the project will be available only to
households with total incomes not exceeding 60 percent of the median income for
Jackson County. Consequently, Staff believes this proposal represents a
formidable step toward meeting the Plan's goal of enhancing the diversity of the
Community, by providing housing opportunities for the total cross-section of
Ashland's population.
Staff recommends approval of the application with the attached recommended
conditions:
PA96-018
Access, Inc.
Ashland Planning Department -- Staff Report
February 13, 1996
Page 7
11
1) That all proposals of the applicant be conditions of approval unless
otherwise modified here.
2) That a boundary description and map be prepared by a registered land
surveyor prior to the Council approving the annexation.
3) That the proposal receive Site Review approval prior to the adoption of an
ordinance annexing the property to the City.
PA96-018
Access, Inc.
Ashland Planning Department - Staff Report
February 13, 1996
/8
Page 8
JACKSON COUNTY, OREGON
200 ANTELOPE ROAD . WHITE CITY, OREGON 97503
ROADS & PARKS SERVICES
JOSEPH L. STRAHL, DIRECTOR
(503) 82';-3122 or (503)776-7268
FAX: (5('3) 830-6407
February 5, 1996
Ashland Planning Department
City Hall
Ashland, OR 97520
F~~Bi ,,- -1~1~~6
RE: Proposed Annexation
Planning Action 96-018
Subject:
Thank you for the opportunity to comment on the proposed 11.25 acre annexation for
future development of a 96-unit affordable housing residential development located on the
southwest corner of East Main street and Tolman Creek Road. Jackson County Roads and Parks
Services is concerned about the development of this property and its impact on East Main Street
and Tolman Creek Road, county maintained roadways. We have the following comments.
I. The development of the property will require access from East Main Street and/or Tolman
Creek Road. The annexation should also include the road right-of-way so provisions for
urban improvements are made as development occurs. We recommend that half street road
improvements be required (road widening, curb, gutter, sidewalks, and bike lane) as a
condition for the 96 unit housing development
2. If additional right-of-way is required for the improvements, dedication should be required.
City of Ashland standards may be utilized for road improvement if the City agrees, in
writing, to future maintenance of the urban improvements.
3. Jackson County has a jurisdictional transfer program where the entire road could be
improved to urban standards. This program is applicable to county roads located within
city limits. If Ashland accepts jurisdiction of a section of East Main Street and Tolman
Creek Road, Jackson County would provide funding equal to the cost of paving the
roadway plus 20%.
4. We would like to review a Traffic Study prepared by the applicant This study should be
reviewed and approved by Jackson County Roads and Parks
5. If county storm drainage facilities are utilized, the applicant's registered engineer shall verify
that the drainage system has adequate capacity to accept additional runoff from this
development Jackson County Roads & Parks Department shall review, comment and
approve the hydraulic report including the calculations and drainage plan. Capacity
improvements or on site detention, if necessary, shall be installed at the expense of the
applicant
BEAR CREEK GREENWAY I ENGINEERING I FLEETMANAGEMENT I MOTOR POOL I PARKS / ROAD MAINTENANCE I VEGETAnONMAllAGEMENT
776.7268 826-3122 826-3122 776-7339 776.7001 826-3122 826-3122
/1
6. Road approaches from East Main Street and/or Tolman Creek Road shall be completed
under permits from Jackson County Roads and Parks Services (permit fee is $75.00).
Additionally, any work within the county's 60 foot right of way shall be under permit from
this department
If you have any questions or need further information feel free to call me at 826-3 I 22.
Zc~
Eric Niemeyer
Traffic & Development Section
H:\DEVELOP\CITIESIASHLAND\96-0 18.DSB
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104 VALLEY VIEW AVE
AREA CODE 503 - 535-1529
P.O. BOX 467
TALENT, OREGON 97540
January 31, 1996
City of Ashland
Attn: Planning Commission
20 East Main
Ashland, OR 97520
FES 2 - 1996
To the Planning Commission,
After review of your PLANNING ACTION NO 96-018; Township 39 South,
Range 1 East, Section llC Tax Lots 1500 and 1600 we find that it will
have a potential affect upon the Talent Irrigation District. (TID).
If the type of use of the property is being changed to a use other
than agriculture, or the property is being developed for us:es where
the water rights can not be used beneficially (as the Oregon Water
Resources Department would define beneficial use) then it is the
policy of the Board of Directors of the Talent Irrigation District,
for the protection of the District, to require that valid water
rights be transferred back to TID and/or non-valid water rights be
bought out from the District.
As per ORS 545.611, the water rights must be removed if the
subdivision has three or more tracts on each acre of land within the
subdivision.
It is the request of the District that the following requirements be
considered:
1) Prior to development said parcels must remove all TalEmt
Irrigation District water rights off of said properties,
2) Drainage must be provided to protect said development from
flooding of adjacent properties.
In accordance with ORS 92.090 (6) the City of Ashland Planning
Commission must receive a Certification form from the Talent
Irrigation District stating that these recommendations haVE! been
satisfied prior to the Planning Commission's final approval of said
development.
We respectfully request that if this application is approved that the
above stipulations be made conditions of that approval.
Thank you for your time and consideration.
Sincerely,
\ .
'\1, '.'
Michelle Irwin
Administrative Assistant
o?/
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~) ,=~~~~A~~~~,~",
January 12, 1996
City of Ashland
City Hall
20 East Main Street
Ashland, Oregon 97520
Re: ACCESS Ashland Annexation Request.
To Whom It May Concern;
Enclosed is the Final Copy of the ACCESS Annexation Request.
PleaSE! attach this information to the maps and exhibit
section of the ACCESS Annexation Request draft which you
received December 28, 1995. The "List of Persons Contacted"
here, replaces the one in the draft.
Q~~~
Deborah Price
Manager
Housing/Development
Office: 779-6691 . Client: 779-9020 . F.'LX: 779-8886
~.;t
ANNEXATION TO THE CITY OF ASIILAND
Proposed Findings of Fact and Conclusions
January ]2, ]996
Submitted by: ACCESS Inc.
3630 Aviation Way
Medford, OR 97504
779-669]
Contact: Deborah Price, Manager
HousinglDevelopment
~3
TABLE OF CONTENTS
Item Page No
INTRODUCTION
Property De3cription and Legal Description 2
Land Ownership and Authorization to Request
Annexation 2
FINDINGS FOR CO.MPLIAi\lCE WITH ANNEXATION
STANDARDS TYPE III PROCEDURE -- ALUO --
REVISED DECElV1BER, 1994 3 - 7
FINDINGS FOR CO.MPLIAi\lCE WITH THE ASHLAND
CONlPREHENSlVE PLAN
Location'ancl Surrounding Land Uses
8
Outline of Project Objectives
8
Ownership, Project Financing and Timing
9
Chapter III - Citizen Participation
9
Chapter IV - Environmental Resources
10 - 14
Chapter VI - Housing Element
14 - 17
Chapter VII - The Economy
18
Chapter vm - Aesthetic Resources
18 - 19
Chapter IX - Public Services
20 - 22
Chapter X - Transportation
22 - 26
Chapter XI - Energy
26 - 27
Chapter XII - Urbanization
27 - 28
SUMMARY
28
EXHffiIT SECTION
;<'1-
City of Ash/and, Oregon
ANNEXA nON TO THE CITY OF ASHLAND
ACCESS, Inc., Applicant
Proposed Findings of Fact
and Conclusions
Prepared by
ACCESS. loc
January 12. 1996
(Original submitted December 28.1995; Revision submitted January 12. 1996)
INTRODUCTION
ACCESS, Inc. comes before the Ci1y of Ashland to request annexation of 11.25+ acres
for the purpose of building CHAUTAUQUA TRACE. TOWNHOMES. a 96 unit affordable
housing residential development.
The applicant, ACCESS, lnc., a non-profit 501(c)3 organization, has served Jackson
County for over 17 years and is designated by the State of Oregon as the Communi1y
Action Agency ("CAP") for Jackson and Klamath Counties and a Communi1y
Development Corporation ("CDC") for Jackson Coun1y. As your CAP Agency,
ACCESS is responsible for administering State, Federal, and local funding through its
Communi1y Action Programs. Many of these programs directly affect the quali1y of life
of Ashland citizens. As your CDC, ACCESS is authorized to seek and administer local,
State, Federal, and private dollars to develop housing projects which address the specific
housing needs of the Ashland communi1y. ACCESS desires to utilize its unique
combination of State designated responsibilities and authori1y in conjunction with its
experience in housing development to help the City of Ashland achieve its urbanization
and affordable housing goals as articulated in the Ashland Comprehensive Plan.
ACCESS is proposing to develop the subject properly in accordance with the following
Outline Plan. The Project Outline concept as presented in this annexation request
contains certain features described herein, and discussed in the draft findings, submitted
for your consideration. These features represent the applicant's intentions to develop the
properly in accordance with an Project Outline which supports the Ci1y's Comprehensive
Plan goals.
~5'
PROJECT OUTLINE
Property Description and Legal Description
*
11.25+ acres located approximately 0.5 miles west of Interstate 5 off of the south
Ashl:md Exit 14. The subject site is bordered by Tolman Creek Road to the east
and East Main Street to the north.
*
Current zoning is RR5. Upon annexation zoning will, according to the
Comprehensive Plan, become R-I-3.5. In order to place this land within the
corporate jurisdiction of the City of Ashland, it is necessary to annex subject tax
lots] 500 and 1600 consistent with Comprehensive Plan mapping designation.
See Comprehensive Plan Map (Exhibit).
*
Legal Description: (See Exhibit)
Land Ownl~rship and Authorization to Request Annexation
Map No.
Tax Lot
Acreage
Record Owner
39 IE lIC
39 IE lIC
1500
1600
6.25
5.04
Medina and Becky Russell
Medina and Becky Russell
The owners of record have consented to this annexation and have authorized ACCESS,
Inc. to seek and proceed with annexation and the subsequent Project Outline.
Following annexation, it is appropriate for the City to consider the physical planning
aspects of the project consistent with Site Design and Use Standards set forth in Chapter
18.72 of Ashland Land Use Ordinance (ALUO).
Section 18.] 08.065 of the Ashland Land Use Ordinance establishes mandatory fmdings
that must be made by the City Council when approving an annexation. This section
documents how the proposed Project Outline satisfies each required applicable fmding.
2
~~
FINDINGS FOR COMPLIANCE WITH ANNEXATION STANDARDS
TYPE III PROCEDURE -- ALUO -- REVISED DECEMBER, 1994.
Pursuant to ALUO 18.108.065 (Annexations), Sections A through E, (as applicable)l
A. This application shall be processed under Type III procedure.
B. This application assumes the following:
(1) It is agreed that consent is non-revokable for a period of one year.
(2) Systems development annexation charges will be paid if applicable.
(3) Any necessary funds sufficient to retire outstanding indebtedness of Public
Service Districts shall be paid as applicable.
(4) Boundary descriptions and maps prepared in accordance with ORS 308.225
shall be prepared by a registered land surveyor and monumented
subsequent to Council approval of annexation.
(5) Written fmdings addressing 18.108.065C shall be supplied herein.
C. This application includes the following fmdings:
(1) The land is within the City's Urban Growth Boundary.
Finding: See Ashland City Limits/Urban Growth Boundary Map (Exhibit).
Compliance with the cited standard is established.
(2) The proposed zoning and project are in conformance with the Cilly's
Comprehensive Plan.
Finding: See Compliance with Comprehensive Plan Section of this document
The land subject to annexation and rezoning, tax lots 1500 and 1600, is currently
designated as RR5 on the Comprehensive Plan Map. The Applicant is advised that
I Please see the attached "List of Persons Contacted" in the Exhibit Section which
identifies the individual(s) responsible for providing review and technical information relative to
these findings.
3
;).,7
land is rezoned from its county designation consistent with the City Comprehensive Plan
at the time of annexation. Therefore, the subject property would enter the City as R-l-
3.5 land. (Referred to as Suburban Residential in the City Zoning Map and Townhouses
under Housing Types [VI-7 b] in the Comprehensive Plan, hereinafter referred to as
"Suburban/Townhouse/Residential--Multi-Family".) Compliance with the cited
standard is found to exist.
(3) The land is contiguous with the City limits. See Ashland City
LimitslUrban Growth Boundary Map (Exhibit).
Finding: According to the Jackson County Assessor Plat Map 39 IE l1C, attached
hereto as Assessor's Map (Exhibit), and the official Zoning Map of the City, subject tax
lots 1500 arId 1600 are contiguous to the south boundary of the current corporate limits of
the City. Compliance with the cited standard is established.
(4) Adequate City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will
be provided to and through the subject property.
Finding: Findings of fact and conclusions demonstrating compliance with public
facilities and services goals, and the policies of the Comprehensive Plan serve to establish
this applica1ion' s consistency with the cited standard.
Water: Based on SRC, lnc's study of 1991, (commissioned by the
City of Ashland), the City has adequate water supplies to serve the City's needs until the
year 2018 based on a 1% population increase of 4,600 persons from 1991.
Based on a household size of 2.3 persons, (household size assumed by the
Ashland Comprehensive Plan), the project will be occupied by about 220 persons when
completely developed. The residents would consume approximately 17,600 gallons per
day or about 5% of the remaining capacity of the 1991 water supply. Thus, there appears
to be more than ample water to serve the project.
Regarding treatment plant capacity, the City treats its water before it is
distributed to customers. According to the Assistant City Engineer, Jim Olson, the
treatment plant has undergone a renovation and expansion that will enable the plant to
accommodate 20 years worth of anticipated additional growth of the City. The expansion
of the plant is expected to be completed by April, 1996. Thus, the expansion of the
treatment plant will be completed prior to the initial 1997/1998 rent up and occupation of
the project.
4
;(S'
Regarding water mains, a 12 inch water main is located in Tolman Creek
Road capable of serving the project. The City's Water Quality Division will require the
extension of the 12 inch main along Tolman Creek Road, although only an 8 inch line is
required to serve the project. The cost of up-sizing the water main will be reimbursed by
the City. An 8 inch internal distribution system, served by the 12 inch main within
Tolman Creek Road, will provide adequate flow for fIre protection and domestic
consumption. The water mains will be routed through the project and connect with the
future 12 inch water main in East Main Street The applicant proposes this as ill
alternative to disturbing East Main Streets and Tolman Creek Road respectively.
Sewer: The project site is served by an existing sewer main in
Tolman Creek Road which can accommodate the effluent projected to be generated by
the project, according to the City's Public Works Department, which reviewed the
preliminary Project Outline for the site. Full development of the site, according to the
Project Outline, is expected to generate the following sewer load:
96 du's x 2.3 persons per dwelling x 76 gallons per day per person =
16,780 gallons per day. All dwelling units will be equipped with flow-restricting shower
heads; toilet tanks will contain a water conservation feature; and landscaping will be
designed to minimize water consumption and load on the sewage system.
The City's sewage treatment plant was recently expanded to a design
capacity of 3.1 million gallons per day (mgd); current average daily flow is about 1.4
mgd. Project-generated effluent would consume less than 4.6% of the remaining capacity
of the treatment plant.
Paved Access: The property fronts on East Main Street and Tolman
Creek Road. Development of the site is proposed with two access points. One will be a
dedicated vehicle access point on the northeast comer off Tolman Creek Road.. The
second access is provided to Clay Street to the west off the northwest comer, and will
eventually flow west through to Clay Street when the adjacent property is devdoped.
A dedicated north/south loop off of the bisecting east/west street will provide through
access for emergency, police, and fIre vehicles.
Electricity: City electrical service is available to the site from a main
feeder which has ample available capacity according to City staff. (See List of Persons
Contacted - Exhibit.)
Natural Gas: Natural gas service is available from a 2 inch plastic natural
gas main now existing in Clay Street WP Natural Gas will supply all interior piping in
compliance with DOT Code.
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Urban Storm Drainag:e: The project can be accommodated by existing
drainage facilities. The site is drained by three natural drainage channels, one which
flows east across Tolman Creek Road, through an 18 inch corrugated pipe and into Bear
Creek: two which drain north across East Main Street through concrete pipes. There are a
total of three culverts in the vicinity of the project that range in size from 18 inches to 24
inches. Development of the project site will be preceded by the preparation of a complete
grading and drainage plan which proposes to utilize existing natural and manmade
drainage facilities to convey storm water from the project site. All on-site and off-site
drainage facilities necessary to accommodate development will be provided.
The prelimi.nary development plans for the site have been submitted to both the City and
the County Public Works Departments for review. Both departments indicate the project
can be accommodated by existing drainage facilities in the area. If larger culverts are
needed to ac:commodate the project, they will be installed by the applicant.
Transportation: Public transit in Ashland is provided by Rogue Rapid
Transit bus lIine of the Rogue Valley Transportation District. Currently the nearest transit
stop is located at Tolman Creek Road and Highway 66 at Tolman Creek Plaza (0.3 mile
from the prc~ect). The applicant offers to dedicate land near the proposed project east
entrance on Tolman Creek Road for the purpose of a transit stop/shelter. Applicant will
participate io. a reasonable manner toward improved pedestrian and bicycle access from
the property to any appropriate adjoining thoroughfare(s). Applicant proposes to connect
the East Main Street bicycle lane to Tolman Creek Road with a series of bicycle
pathways winding around the perimeter of the proposed development from the northwest
to the southeast corners of the site. Please refer to the Site Plan (Exhibit).
Telephone: Telephone service is available to the property and applicant will install
semces.
Cillili~ TCI Cable Company will install a pedestal cable tie-in at the south side of
the site. Cable television service is available to the property. Applicant will install
semces.
Compliance with the cited standards is established.
(5) That a public need exists for additional land as defined in the City's
Comprehensive Plan is demonstrated. See Compliance with Comprehensive Plan Section
of this document. Additionally, the proposed complex shall be residentially zoned R-l-
3.5 under the City's Comprehensive Plan. The applicant must agree to provide a
minimum of twenty-five percent (25%) of the proposed residential units at affordable
levels, in accordance with the standards established by Resolution No. 93-39 [October
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30
20, 1993] of the Ashland City Council. An agreement guaranteeing rent levels will be
filed as part of Request for Council Approval and completed and accepted by all parties
prior to the final adoption of an ordinance annexing this property.
Finding: The applicant is in compliance with the ALVO. One hundred percent (100%) of
the units will be occupied by residents exceeding the "qualifying family income" criteria
set forth in Resolution No. 93-39 for a minimum period of 20 years.
Note: The applicant is also in compliance with the Comprehensive Plan, which sets
forth a goal and three policies which derme public need expressed by the cited standard.
Policies XlI-I and XlI-2 of the Comprehensive Plan address the need to incorporate the
subject site. The following highlights two policies relating to need.
Policy XlI-I The Comprehensive Plan Estimated Land Needs/Housing Needs
sets forth a table indicating a need for 83 acres for Suburban/Townhouse/ Residential--
Multi-family use. Currently there are approximately seven acres vacant inside the City
limits designated for similar use. This indicates an approximate shortage of 14 acres
necessary to satisfy the Plan requirement for a five year supply.
Policy XlI-2 indicates the City can annex vacant land only if the supply ofland of
similar qualities does not already exist in the City limits, or if land is needed to alleviate a
health hazard. No health hazard exists in this case. The relevant portion ofthe standard
shows that there is an established need for additional land to accommodate the: proposed
type of use. The subject property is in an excellent location and lies adjacent to the
current corporate limits of the City. No other suitable land exists within the City limits
which can be used for a multi-family housing project of this scope.
The 1990 Census data for the City of Ashland indicates there are 2,640 persons at
or below the poverty level. Based upon the Comprehensive Plan's assumed falIllily size
of 2.3 persons, this could calculate to 1,147 families presently living in Ashland who
would qualify, based on income, for residency at CHAUTAUQUA TRACE TOWNHOMES.
In addition, Census data reveals 47% of Ashland's existing renters pay 30% or more of
gross Household Income as rent. This further substantiates the supposition that the need
for additional affordable rental housing exists in Ashland. Census data and aIlY
measurments available since the 1990 Census, generally indicate a vacancy rate for
Ashland rentals of between 2% and 3.75%. The Rogue Rental News Notes, published
monthly by the Southern Oregon Rental Owners Association, reflects a November
vacancy rate of3.62% for Jackson County.
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FlNDlNGS FOR COMPLIANCE WITH THE
ASHLAND COMPREHENSIVE PLAN
Location and Surrounding Land Uses
The site consists of 11.25+ acres located 0.5 miles west ofInterstate 5 off the south
Ashland E~jt 14, fronting on Tolman Creek Road. The subject parcel is contiguous to
the Ashland City limits on the south side. The property is within the Ashland Urban
Growth Bormdary and is designated for Suburban/TownhouselResidential--Multi-family
development by the City's Comprehensive Plan.
The site is currently on the edge of the City in an area of transition. The setting eyUoys
easy access to the freeway and proximity to town and Tolman Creek Plaza Shopping
Center. Border parcels consist of a fully developed, urban density, manufactured home
park to the south, organic garlic farm to the west, Main Street to the north, and Tolman
Creek Road to the east. The site was originally part of a 20+ acre parcel and has been the
Russell family farm since 1939. The site contains a series of small manmade ponds
which eventually drain across the property under Tolman Creek Road and down a ravine
toward Emigrant Creek.
The followio.g structures are on the property: a farm house built in 1961 as a single
family dwelling, a barn, and three small outbuildings. The Comprehensive Plan
acknowledges that "some growth is inevitable," and allows for the development of
Suburban/TownhouselResidential--Multi-family housing at a density of up to 12 units per
acre in the Urban Growth Section (page II, 5). In addition, the Comprehensive Plan
allows for the development of multi-family residential housing of up to 20 units per acre.
This Project Outline offers Townhouse-Residential multi-family units at 11 units per
acre, while preserving the e~sting wetlands acreage on the subject site.
Outline of Project Objectives
ACCESS intends to develop the property with approximately 96 townhome units and a
community building. The complex is anticipated to provide a mix of 1,2,3, and 4-
bedroom tOl1mhomes. The applicant intends to develop truly affordable (50% - 60% of
the area median income) multi-family townhomes. The residents will be employed,
generally earning from $5.00 to $8.50 per hour. One hundred percent of the units will be
income-restricted, thus insuring the entire project will be available to meet the needs of
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this population. The townhomes will include individual storage area, washer and dryer
hook-ups, refrigerators, stoves, dishwashers, disposals, large closets, and private patio
space. Residents will enjoy a community building containing meeting rooms,
classrooms, offices, and maintenance/storage facilities. The project will contain a
swimming pool, play areas, walking and biking paths, and open space. Every effort is
being made in the design of this project to compliment the natural surroundings, maintain
open space within the project, and create an environment which will be aesthetically
pleasing to the project's residents and neighbors.
The Ashland School District provides bus service along Tolman Creek Road which will
serve the project site. Transit shelter(s) dedicated by the project for use by the Transit
District could also serve the School District.
Ownership, Project Financing and Timing
The subject property is to be owned by CHAUTAUQUA TRACE TOWNHOMES Ltd.,
ACCESS, Inc., General Partner and Sponsor, and will be financed by a combination of
State of Oregon HOME funds, Federal Low-Income Housing Tax Credits, and private
funding sources. The applicant anticipates proceeding with the Architectural Review
process concurrent with application for the appropriate construction and permlment
funding. The intent is to commence construction in the Fall of 1996. The prc~ect will be
built in one phase.
As stated above regarding Section 18.108.065 of the Ashland Land Use Ordinimce, to
approve armexation, the City Council must fmd the application is consistent with the
purpose and intent of the Ashland Comprehensive Plan. This section provides facts that
support findings of consistency with the relevant goals and policies of the Ashland
Comprehensive Plan. The following information relates to the Chapters, (and page
numbers), GOALS, and Policies in the Ashllilld Comprehensive Plan which address these
Issues.
Chapter III - Citizen Participation
GOAL:
TO MAINTAIN A CITIZEN INVOLVEMENT PROGRAM THAT
ENSURES THE OPPORTUNITY FOR CITIZENS TO BE INVOLVED
IN ALL PHASES OF THE PLANNING PROCESS.
Policy 3 (p.IIl-2): Ensure in the future that all citizens are given the opportunity to
contribute their views to planning issues through the public hearing process.
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Finding: Requests for annexation and re-zoning require noticed public hearings before
the Planning Commission and City Council which provide opportunity for all parties to
participate in the decision making process. Applicant has met with and will continue to
meet with interested members of the community to encourage their participation in the
planning process. See attached List of Persons Contacted (Exhibit).
The applicant is responding to community needs by offering to dedicate land for transit
shelters, by minimizing automobile traffic, designing the project to promote the most
feasible provision for adjoining pedestrian and bicycle access, by joining the project to all
appropriate thoroughfares, by reviewing and considering all environmental and
conservation matters, and by making all units affordable to low income households.
Chapter IV - Environmental Resources
GOAL:
HAVE SOUND SOIL CONSERVATION AND EROSION CONTROL
PRACTICES IN AND AROUND ASHLAND.
Policy 5 (p. IV-8): Require that development be accommodated to natural topography,
drainage, and soils and make maximum use of existing vegetation to minimize
erosion.
Policy 6 (p.lV-8): Prevent development and land management practices which result in
rapid runoff and accelerated erosion.
Policy 7 (pJV-8): Require site-preparation procedures and construction practices
which minimize erosion and sedimentation.
Policy 9 (p.lV-8): Incorporate site drainage practices that reduce runoff velocity and
volume, by utilizing the natural properties of the soils and vegetation in
conjunction with sound engineering practices.
Policy 13 (p.IV-8): Use development performance standards based on the natural
topography, drainage, soils, lot coverage, and densities in place of arbitrary
subdivision standards to ensure that natural features are an integral part of the
design phase of future developments.
Finding: Applicant ensures the development will accommodate natural topography and
drainage, and make maximum use of existing vegetation to minimize erosion and
sedimentation. Precise methods of compliance with these policies will be addressed
through separate Physical and Environmental Constraints permits.
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This annexation proposal and Concept Plan is offered for review to provide all insight
into the proposed project. Details regarding the development will be set forth im the site
review process. The applicant acknowledges that all standard procedures for ir~tial and
decision making regarding planning actions must be followed. The applicant proposes to
use sound grading and development practices to prevent excessive runoff and erosion.
Development of the site will be designed to incorporate natural and manmade drainage
systems to accommodate runoff and prevent soil erosion.
GOAL:
REDUCE THE IMPACT OF URBANIZATION AND OTHER LAND
USES ON THE QUALITY OF WATER IN AND AROUND ASHLAND
IN ORDER TO ENSURE THAT THE CITY WATER SUPPLY IS OF
THE HIGHEST POSSIBLE QUALITY AND IS DRAWN FROM
DEPENDABLE SOURCES.
Finding: Ashland City and County Public Works Departments indicate the project can
be accommodated by existing drainage facilities in the area.
Surface runoffwill be conveyed overland to various catch basins and through lmder-
ground pipelines. The proposed project will be at or near natural grade throughout. The
existing drainage channels will be utilized to collect and route surface water across the
site.
Natural vegetation "filter zones" will be preserved throughout to further filter sediment
which might otherwise be carried into natural streams.
During construction, special precautions will be taken to minimize or eliminate erosion
into any natural drainage area. Existing drainage areas will be protected by the
installation of erosion barriers before grading begins.
The prelirllinary development plans for the site were submitted to both the City and
County Public Works Departments for review. Both departments indicated tht: project
could be accommodated by existing drainage facilities in the area. If larger culverts are
needed under Tolman Creek Road to accommodate the project, they will be installed as
part of the roadway improvements previously discussed.
GOAL:
PROTECT THE QUALITY OF RIPARIAN RESOURCES LAl',mS,
AND PRESERVE THEIR WILDLIFE HABITATS.
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Policy 18 (p.IV-II): IdentifY, protect and seek consen1ation easements throughout
signtficant riparian areas (.~treams, stream banks, and flood plain areas), and
wildlife habitat areas.
Policy 19 (p.IV-II): Encourage more public access to watemays, but define what public
activities can take place. Ensure that such access does not result in water and
visual pollution.
Policy 20 (p. IV-II): Where possible, utilize water-related areas jor visual relief,"
packets of wildlife habitat, landscaping amenities, natural site design elements,
recreational uses, bike paths, and pedestrian and jogging trails.
Finding: Applicant's Project Outline attempts to leave the riparian area adjoining the
pond and any other appropriate area, in a generally natural state, with the exception of
necessary foot and vehicle crossings.
Only necessary shrubbery and grasses will be removed or minimally disturbed. Applicant
has been unable to discern any information in the Comprehensive Plan to suggest the
existence of threatened or endangered species of wildlife occupying the site.
Direct access to the riparian areas will not be encouraged. These areas will serve
primarily as visual enhancements and create a sense of space. Riparian vegetation is
very limited on the site. The proposed landscaping will compliment existing riparian
areas.
To minimize the footprint of the dwelling units, attached two story townhomes are
proposed. Excluding building footprints, streets, parking, sidewalks and patios,
approximately 65% of the site will remain as open space. Areas will be provided to
enhance visual effect, for play areas, sports, walking and jogging trails. Conunon areas,
when practi(;al, will be planted in materials that require little or no irrigation or will be
left in a natural state.
GOAL:
TO PRESERVE AND PROTECT SIGNIFICANT WETLANDS,
AND TO MITIGATE POTENTIAL IMP ACTS ON THESE AREAS
DUE TO DEVELOPMENTS AND CONFLICTING USES.
Concurren(e: Wetlands have been identified on the subject site. The applicant will
actively participate in the reasonable preservation and protection of all existing features
which may be subject to a Physical or Environmental Constraint Permit as defmed in
ALUO 18.62.
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GOAL:
TO PROTECT LIFE AND PROPERTY FROM FLOODING AND FLOOD
HAZARDS, AND MANAGE THE AREAS SUBJECT TO FLOODING
TO PROTECT THE PUBLICS INTEREST.
Policy 33 (p.IV-I8): All existing natural drainage ways as identified on the Physical and
Environmental Constraints Map shall be left in a natural state and modIfied only
after City approval.
Finding: The site is not located in a flood zone. See excerpt from FEMA Flood Zone
Map and letter from Peak Environmental (Exhibit).
A complete drainage and grading plan will be prepared and submitted to the City as part
of site design and use review for approvaL Although the site does possess natural
drainage ways with some riparian vegetation, as described above, the project site does not
contain natural drainage ways that are identified on the Physical and Environmental
Constraints Map. The site is not subject to significant flooding. All of the natural
drainage courses crossing the project site will be preserved.
GOAL:
PROTECT LIFE, PROPERTY AND ENVIRONMENTAL RESOURCES
IN ASHLAND'S URBANIWILDLAND INTERFACE AREA FROM THE
DEVASTATING EFFECTS OF WILDFIRE. LESSEN THE
POSSIBILITY OF WILDFIRE SPREADING TO THE ASHLA1\fD
WATERSHED FROM THE URBANIWILDLAND INTERFACE AREA.
Policy 46 (p.IV-23): Require more than one ingress/egress route or road widths wide
enough to accommodate incomingftre apparatus and evacuating residents
simultaneously in an emergency situation.
Policy 47 (p.IV-23): Require rooft to be constmcted offire-resistant materials. Wood
shake or shingle rooft would not be allowed.
Policy 50 (p.IV-23) Install all new electrical distribution circuits in the urban/wildland
interface underground if technically feasible.
Finding: The Ashland Fire Department indicates the Project Outline satisfies the
requirements of that department and the appropriate regulatory criteria.
Applicant ensures every reasonable effort will be made to protect life, property, and
environmental resources from wildfire. Development of the site is proposed with two
access points. One will be a vehicle access point off Tolman Creek Road. A second
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37
access is provided to Clay Street to the west that will flow through the adjacent
undeveloped property. The subject site will therefore be bisected by a new east/west
street. A north/south loop off of the bisecting street will provide through access for
emergency, police, and fire vehicles. Eight inch water mains will follow both dedicated
streets serving fire hydrants and domestic water supply. The proposed interior streets
will be 26 feet wide to accommodate fire and emergency vehicles as required by the City
of Ashland Fire Department. The preliminary Project Outline for the site was submitted
to the Fire Department for review; the Project Outline satisfied the requirements of the
Ashland Fire Department.
The roof materials for the proposed residential units will be of fire-resistant materials.
All on-site electrical connections will be underground.
GOAL:
MAKE A CONTINUING EFFORT TO REDUCE NOISE LEVELS, AND
ENSURE THAT NEW DEVELOPMENT IS DEVELOPED IN A WAY
TO MINIMIZE NOISE IMPACTS.
Policy 53 (pJV-24): Ensure that residential development is kept away from the maximum
noise area around the Ashland Airport, and that new residential development near
the airport is aware of the potential for noise, and waives the right to file nuisance
suits in the future.
Finding: Applicant agrees to sign an agreement with the City waiving the right to file a
noise nuisance suit relative to airport activity in the future. Relative to the ALUO 18.60,
Airport Overlay Zone, applicant ensures that height structures will not obstruct airspace;
no electrical interference will be created; and no visual impairments in the vicinity of the
airport which would cause a hazard will be created.
Chapter VI - Housing Element
GOAL:
TO PROVIDE FOR THE NEEDS OF THE EXPECTED POPULATION
GROWTH IN ASHLAND TO THE YEAR 2005, AND MAINTAIN A
DIVERSITY OF INCOME, CULTURAL, AND AGE GROUPS IN
ASHLAND'S POPULATION, CONSISTENT WITH OTHER PLAN
GOALS.
Concurrence: In general, these policies deal with strategies, methods, and projections
that will enable the City of Ashland to monitor and respond to its future growth impact.
The applicant concurs with the spirit and intent of the policies as defmed in the
Comprehensive Plan on page V-14.
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GOAL:
ENSURE A VARIETY OF DWELLING TYPES AND PROVIDE
HOUSING OPPORTUNITIES FOR THE TOTAL CROSS-SECTION
OF ASHLAND'S POPULATION, CONSISTENT WITH PRESERVING
THE CHARACTER AND APPEARANCE OF THE CITY.
Policy J (p. VI- J J): Given the scarcity and cost of land as a limited resource, conserve
land and reduce the impact of land prices on housing to the maximum extent
possible, using the following techniques:
A) Use the absolute minimum street widths that will accommodate traffic
adequately in order to reduce aesthetic impacts and lot coverage by impervious
suifaces.
B) Allow a wide variation in site-built housing types though the use of
the City's Peiformance Standard5 Ordinance. The use of attached housing, small
lots, and common open spaces shall be used whel:e possible to develop more
moderate cost housing and still retain the quality of life consistent with Ashland's
character.
C) Consistent with policies relating to growth form, City policy should
encourage development of vacant available lots within the urban area, while
providing sufficient new land to avoid an undue increase in land prices. This shall
be accomplished with specific annexation policies.
Finding: CHAUTAUQUA TRACE TOWNHOMES will provide affordable housing
opportunities for people primarily employed in Ashland as secretaries, clerks, cashiers,
maintenance personnel, receptionists, waitpersons, mechanics, truck drivers, insulation
installers, carpenters, construction workers, etc. The townhomes will be designed in a
manner consistent with preserving the character and appearance of Ashland in accordance
with the annexation procedure outlined in ALUO.
The applicant proposes this annexation in compliance with the intent of the Ashland
Affordable Housing Income Levels and Rental.... Resolution No. 93-39. The units will
be designated as affordable rental housing, exceeding the minimum need according to the
specified income criteria and term of affordability. Should the annexation request be
approved, the scope and detail of the design will be subject to the usual COUl1(;il review
regarding traffic and design features consistent with ALUO revised December, 1994.
The applicant intends to develop an affordable SuburbanlTownhouselResidential-Multi-
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31
family neighborhood modeled on Neo-Traditional design principles. The project will
incorporate the principles described in the above policies. CHAUTAUQUA TRACE
TOWNHOMiES will be designed to enhance Ashland's small-town identity and help
Ashland realize its vision for its residents' future. The applicant recognizes that Ashland
is proud of Its uniqueness and diverse population. ACCESS commits to working with the
City toward realization of Ashland's vision regarding housing as outlined in Resolution
No. 93-39, and in the Goals and Policies of the Ashland Comprehensive Plan. The
project will complement, strengthen, and preserve Ashland's history and environment
through effective use of design, open space, and promotion of community spirit.
CHAUTAUQUA TRACE TOWNHOMES will be a pedestrian-friendly place to live.
Residents com be less dependent on cars, and enjoy on-site community facilities, trails,
bike paths, :md mass transit service, while still being in close proximity to surrounding
services, shopping, health care providers, schools, and recreational facilities.
Ashland's Comprehensive Plan emphasizes the importance of maintaining diversity
among its population, realizing many suburban developments are notoriously exclusive
by class, location, and race. Such exclusivity has had unanticipated consequences. Many
CHAUTAUQUA TRACE TOWNHOMES residents will be employed as store clerks,
security guards, CNAs, waitresses, secretaries, etc., and cannot afford to live in the
Ashland community where they work. The Employment Department regularly publishes
listings of available jobs broken down to indicate salary and hours per week (Exhibit). A
sample ofthe December, 1995 listings reflect that, on average, 47% of the available jobs _
fell within the salary range ($5.00 to $8.50 per hour), or below, of potential CHAUTA-
UQUA TRACE TOWNHOMES residents.
The proposed project will use land efficiently, while, at the same time, allow for open
space within the project. Sidewalks and/or pedestrian paths are provided; in most
instances, they are separated from the curb by plantings. Design features such as
narrower-than-customary streets and architecture reflecting Ashland's unique history will
promote a real sense of community.
Policy 2 (p. VI-I2): Using the following techniques, protect existing neighborhoods ;rom
incompatible development and encourage upgrading:
a) Do not allow deterioration of residential areas by incompatible uses and
developments. Where such uses are plannedfor, clear findings of intent shall be
made in advance of the area designation. Such findings shall give a clear
rationale, explaining the relationship of the area to housing needs, transportation,
open space, and any other pertinent Plan topics. Mixed uses often create a more
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40
interesting and exciting urban environment and should be considered as a
development option wherever they will not disrupt an existing residential area.
b) Prevent inconsistent and disn/ptive designs in residential areas through use of
a limited design review concept, in addition to using Historic Commission review
as part of the site review, conditional use permit, or variance approval process.
Finding: The Comprehensive Plan states mixed uses ... should be considered as a
development option wherever they will not disrupt an existing residential area. The
design will be consistent with Ashland residential standards.
Policy 3 (p. VI-i2): Regulation of residential uses shall be designed to complement,
conserve, and continue the aesthetic character of Ashland through use of the
following techniques:
A) Slope protection and lot coverage performance standards shall be used to
fit development to topography, generally following the concept that density should
decrease with an increase in slope to avoid excessive erosion and hillside cuts.
This objective shall be used consistent with the desire to preserve land by using
the smallest lot coverage possible.
B) Site and design review shall be used to ensure compatible muli-family
stn/ctures. Density incentives shall be used to encourage innovative, non-
standardized design in single-family areas.
C) Performance standards shall be used to regulate new development in
Ashland so that a variety of housing types built for the site and imaginative
residential environments may be used to reduce cost and improve the aesthetic
character of new developments and decrease the use of traditional zoning and
subdivision standards.
Finding: The project will compliment, conserve, and continue the aesthetic character of
Ashland by incorporating open spaces and pedestrian amenities into the design of the
neighborhood, and by providing dwellings that complement the architectural character of
the City and the topography of the subject site. The applicant intends to take full
advantage of the available density incentives, and in return shall ensure compatible multi-
family structure design.
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41
Chapter VII - The Economy
GOAL:
TO ENSURE THAT THE LOCAL ECONOMY INCREASES IN ITS
HEALTH, AND DIVERSIFIES IN THE NUMBER, TYPE AND SIZE OF
BUSINESSES CONSISTENT WITH THE LOCAL SOCIAL NEEDS,
PUBLIC SERVICE CAPABILITIES, AND THE RETENTION OF A
HIGH QUALITY ENVIRONMENT.
Policy 2 (p. VII-25): The City shall design the Land Use Ordinance to provide for:
j) Clear and objective standards for development reviews that provide for a quick
and predictable approval process with a reduced amount of uncertainty.
Concnrreolce: In general, these policies deal with the City's role in economic
development, employment, and capital improvements. The applicant concurs with the
spirit and intent of the policies as defined in the Comprehensive Plan, pages VII-24
through VII-27.
Specifically, the applicant identifies with the above-referenced policy requiring a quick
and predictable development approval process. The success of the implementation of this
project as outlined in this application is contingent upon the City's ability to provide
clear, concise, specific, and objective standards for this development in a timely manner.
In addition., the applicant stresses its concurrence and support of the Comprehensive
Plan's policies which deal with the creation and promotion offamily-wage jobs in the
City of Ashland, and the creation of quality affordable housing for all Ashland residents.
Chapter VIII - Aesthetic Resources
GOAL:
TO PROVIDE THE PEOPLE OF ASHLAND WITH A VARIETY,
QUANTITY AND QUALITY OF PARKS, PARK FACILITIES,
OPEN SPACES, TRAILS, AND VISUAL RESOURCES SUFFICIENT
FOR THEIR NEEDS.
Policy 5 (p. VIII- I 6): Encourage the development of private common open space areas in
new residential developments to offset the demand for additional public parks.
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Policy 7 (p. VIJI-16): Develop the system of corridors, linear park routes and trails
outlined on the Park and Open Space map. Encourage interconnections between
parks, open spaces, bicycle paths, easements, irrigation ditches, scenic roadway
routes, railroad rights-ofway, etc. Require that commonly used trails across
private be preserved when developed.
Policy 9 (p. VIII-16): Require all new residential, commercial and industrial develop-
ments to be designed and landscaped to a high standard to complement the
proposed site and the surrounding area.
Policy II (p. VIII-I 6): Require high standards of design and landscaping jor development
adjacent to major arterials, and encourage dividers in any new access routes into
Ashland.
Policy 12 (p. VIII-I 6): Require, where possible, that the original vegetation be retained
and require the restoration of new vegetation ifit is removed.
Policy 13 (p. VIII-I 7): Require street trees in all new residential, commercial and
industrial developments.
Finding: CHAUTAUQUA TRACE TOWNHOMKS will provide residents with open
spaces, trails and visual resources.
Excluding streets and patio areas, 65% of the site is proposed to be kept in opt:n space.
Common open space area will be distributed throughout the proposed complex in an
effort to reduce the demand on public parks.
Walking and bicycle trails connecting the existing foot and bicycle corridors to the
complex and to the adjoining neighborhoods will be designed into the project. Where
they currently exist, effort will be made to perpetuate existing trails.
The landscaping will compliment the existing vegetation and the surrounding landscape
features. Where possible, original vegetation will be retained or replaced.
The required street trees will be provided.
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Chapter IX - Public Services
GOAL:
PROVIDE PUBLIC UTILITIES, SERVICES AND FACILITIES IN AN
ORDERL Y, EFFICIENT AND ENVIRONMENTALLY SENSITIVE
WAY AND IN SUFFICIENT QUANTITY TO MEET CITY NEEDS
NOW AND IN THE FUTURE.
Policy 3 (p.IX-2): Prevent urban sprawl and leap-frogging by providingfilll services in a
staged manner; first to areas within the City limits, then to the area within the
Urban Growth Boundary.
Policy./ (p.IX-2): Encourage the underground placement of utility lines, with any above-
ground facilities designed to fit the landscape.
Policy 5 (p.lX-2): Encourage early planning acquisition of sites for needed public
facilities (e.g. fire stations, schools, roads, parks, etc.).
Policy 8 (p..lX-2): Consider system development charges to fund large capital costs
caused by growth.
Finding: Public utilities, services and facilities will be provided in an orderly, efficient
and environmentally sensitive way.
The project site lies within the Urban Growth Boundary for the City of Ashland as shown
by the Comprehensive Plan, is adjacent to the existing City boundary, and would be a
logical extension of the incorporated limits of the City. As stated above, all public
services and utilities are presently available to serve development of the project site. All
on-site utility services for the proposed residential neighborhood will be placed under-
ground. The proposed Project Outline would qualify for a waiver of system development
charges.
GOAL:
TO PROVIDE AN ADEQUATE STORM WATER DRAINAGE
SYSTEM THROUGHOUT THE ENTIRE CITY OF ASHLAND.
Policy 23 (p.IX-6): Ensure that all new developments include a drainage system which
protects adjoining property as much as possible.
Policy 24 (p.IX-6): Encourage drainage systems that utilize natural drainage ways and
minimize the amount and rate of surface runoff
20
'-t'-f
Finding: The project will include a drainage system which utilizes natural drainage,
existing ponds, minimizes the amount and rate of surface runoff, and protects the
adjoining property
Development of the project site will be preceded by the preparation of a complete grading
and drainage plan, which proposes to utilize existing natural and manmade drainage
facilities to convey storm water from the project site. All on-site and off-site drainage
facilities necessary to accommodate development will be provided.
The preliminary Project Outline for the site was submitted to both the City and County
Public Works Departments for review. Both departments indicated the project could be
accommodated by existing drainage facilities in the area.
GOAL:
PROVIDE SYSTEMATIC CONTROL OF THE SOLID WASTE
PROCESS FROM COLLECTION TO STORAGE, EMPHASIZING
EFFICIENCY, RESOURCE RECOVERY, AND ENVIRONMENTAL
PROTECTION.
Policy 27 (p. IX-7): Encourage opportunities for recycling and resource recovery in all
solid waste collection programs.
Policy 28 (p.JX-7): Encourage high environmental and aesthetic standards in the
collection, resource recovery and disposal of solid waste.
Concurrence: In geaeral, these policies deal with the City's increasing emphasis on
recycling and resource recovery. The applicant concurs with the spirit and intent of the
policies as outlined in the Comprehensive Plan on page IX-7. The applicant proposes to
encourage CHAUTAUQUA TRACE TOWNHOMES residents to participate in recycling
activities and the efficient disposal of refuse. In addition, the project will be physically
designed to promote these efforts.
GOAL:
MAKE MAXIMUM EFFORT TOWARD UTILIZATION OF PRESENT
AND FUTURE EDUCATIONAL AND RECREATIONAL FACILITIES
AND RESOURCES THROUGH PUBLIC, PRIVATE AND CITY
COOPERATION.
Policy 32 (p.JX-9): Assess the impact of large-scale proposed developments and their
effect on the schools which they impact.
21
45"
Finding: Ashland School District has the capacity to accommodate either a movement of
children within the district and/or to accommodate any potential influx of children from
other communities as a result of this project.
Schools serving the project site include Walker Elementary School, Ashland Middle
School, and Ashland High School. The District tries to maintain classroom sizes of
between 22-24 children. School District staff (Loren Luman, School District Business
Manager) indicate that there is adequate capacity in the elementary school and Ashland
High School to accommodate additional school-aged children generated by the project.
Presently overcrowded conditions exist at the middle school (grades 6, 7 and 8) which
was constructed for 675 students and had 900 students enrolled during the 1994-95
school year. To alleviate this problem over the long term, the District has placed a bond
measure before the voters to fmance a new middle school. In the meantime, the District
has created additional 6th grade classes at the elementary school to relieve overcrowding
at the middle school.
Mr. Luman indicates that the District is not opposed to the project. In accordallce with
Oregon law, school district funding is based on the number of students; the more students
the District has, the more State funding it receives. Thus, any additional students
generated by the project could result in proportionately increased funding for the District.
Chapter X - Transportation
GOAL:
PROVIDE A TRANSPORTATION SYSTEM WHICH IS SAFE,
DIVERSIFIED, COST AND ENVIRONMENTALLY EFFICIENT,
EMPHASIZES ALTERNATE MODES OF TRANSPORT, MEETS THE
NEEDS OF THE TRANSPORTATION DISADVANTAGED, AND
ENHANCES THE LOCAL ECONOMY, SCENERY AND
NEIGHBORHOODS.
Policy 2 (p.x-24): Accidents
A) Ensure adequate visibility at all intersections for the safe flow of
traffic.
Policy 3 (p.x-24): Street dedications and Design
D) Consider topography, soil characteristics, geologic conditions,
drainage patterns, potential runoff quantities, type of land uses, and purpose
of streets when developing new street projects.
22
Lf"
F) New streets shall be constructed 10 a size appropriate 10 the
expected trafficflow.
H) Interconnections between residential neighborhoods shall be
encouraged for automobile, pedestrians and bicycle traffic, but non-local
automobile traffic shall be discouraged through street design, except for
arterials, collectors, or subcollectors. Cul-de-sacs or dead-end street
design shall be discouraged whenever an interconnection alternative
exists. Development of a modified-grid street pattern shall be encouraged
for connecting new and existing partitions, and through use of the Street
Dedication Map. (Ord. 2698, 2/93)
Finding: Applicant ensures that the project will enjoy safe, diversified, cost and
environmentally efficient transportation. The needs of the potential residents, including
the transportation disadvantaged, have been taken into consideration in the design and/or
enhancement of project streets, bike paths, play areas, and trails, as well as the overall
transportation plan for the City.
The Project Outline, while emphasizing modes of transportation other than the
automobile by incorporating walking and bicycle paths into the complex, include design
features which enhance the natural scenery, environment and neighborhood. In
considering the existing Comprehensive Plan data and the potential transportation plans
for the City,. it has been determined that the existing site access near the East Main
StreetITolman Creek Road intersections is dangerous and should be abandoned. The
applicant proposes to assist the City in the most reasonable way regarding street
improvements which will improve the safety of automobile travel at that intersection. For
this reason also, the applicant proposes to bring the bicycle lane from East Main Street up
onto the site: at the northwest corner of the site and have it wind through the site along the
west border and along the ridge of the northeastern border of the site, rather than along
the blind curve of Tolman Creek Road where it borders the site.
New streets in the complex will be dedicated to the City. The proposed width will be 26
feet (to accommodate emergency, police, and fire vehicle access) with allowance for
parking on one side.
Interconnection to surrounding residential neighborhoods will be incorporated into the
design. Cormection to Clay Street will be complete when the site immediately to the west
is developed.
23
Lf-1
Policy -I (pX-25): Access
A) Maintain carrying capacity and ease of movement offon} arterials and
other streets by the use of limited access through the site review process.
C) New direct access to arterials should be allowed only when land use
and traffic pallerns of the surrounding area have been considered
D) Require design that combines the access of several developments to
a single point in new developments.
Finding: The projected traffic impact of the project does not exceed acceptable canying
capacity of the subject two lane collector [Tolman Creek Road] entrance.
The project fronts on Tolman Creek Road, currently a two-lane collector with average
daily traffic of about 2,429 trips in the vicinity of the project, based on traffic counts
taken 100 yards south of East Main Street in August of 1993. The design capacity of
collector streets varies with the location, topography and land uses served. Following the
general rule-of-thumb used by the Jackson County Engineering Department and the State
Department of Transportation, we have established that collector streets have a capacity
of about 6,000 vehicles per lane, or about 12,000 average daily trips for a two lane road.
The current traffic count represents .2025% oftotal capacity. The project is estimated to
generate approximately 576 vehicle trips per day -- increasing the percentage of use by
only .048% to .2504% oftotal capacity.
Development of the project site will include installation of partial street frontage
improvements along Tolman Creek Road, including curb, gutter and sidewalks along the
project side of the street to the project entrance at the northeast comer of the site.
Bicycle lanes are currently provided on East Main Street along the north end of the
project. The project proposes additional bicycle and pedestrian paths to provide safe
connections to the regional bicycle system.
Public transit in Ashland is provided by the Rogue Rapid Transit bus line of the Rogue
Valley Transportation District. Currently the nearest transit stop is located at Tolman
Creek Road and Route 66 at Tolman Creek Plaza.
Ashland residents comprise about 80% of the District's ridership, making the project area
a logical place to extend transit services. The project site is currently within the Rogue
Valley Transportation District. Applicant proposes to accommodate riders by providing
space for a transit stop at or on the site.
24
t..{??
The Ashland School District provides bus service along Tolman Creek Road which will
serve the project site. Transit shelters dedicated by the project for use by the Transit
District could also serve the School District.
Policy 5 (p.X-25): Growth
A) Encourage street design which will speed and smooth the flow of traffic.
G) Street dedications shall be required as a condition of land development. A
future street dedication map shall be adopted and implemented as part of the Land
Development Code.
Finding: Development of the project site will include installation of full frontage
improvements along Tolman Creek Road to the project entrance, including curb, gutter
and sidewalks along the project side of the street. Interior streets will be constructed to
City of Ashland standards and dedicated to the City as part of Project Outline approval.
City staff agreed that waiver of development charges relating to roadway improvements
would be appropriate.
Policy 6 (p.X-26): Pedestrians and Bikeways
A) Pedestrian traffic should be separated from auto traffic on streets and in
parking lots.
B) Pedestrians should be separated from bicycle traffic when possible, as the two
are not compatible on the same patlnvay.
C) Provide adequate pedestrian facilities in conjunction with all new street
improvements projects and all new commercial, industrial, and residential
developments.
E) Encourage off-street pedestrian pathways to offer direct, safe routes.
G) Provide appropriate bicycle facilities in conjunction with all new street
improvement projects and all new commercial, industrial and residential
developments.
H) Recreational bikeways and walkways should be constructed using
natural areas and scenic views.
25
4q
Policy 9 (p.IX-27): Fuel Consumption and Air Pollution
A) Encourage residents of the city to use bicycling and walking as
alternatives to the automobile whenever possible.
Finding: The project de-emphasizes the automobile, while still providing for safe and
convenient travel, and accommodates pedestrian circulation. This is achieved by the use
of narrow streets where wider right-of-ways are not necessary, sidewalks and pedestrian
paths, easements for pedestrian/bike access to the property to the south and to the
northeast at Tolman Creek Road, and by incorporation of trails and related facilities in
the central open space area. See Site Plan Map (Exhibit).
. Because of emphasis on pedestrian and bicycle travel, and because of close proximity
(0.3 miles) to Tolman Creek Plaza, placement of this project on this site will increase the
possibility of reducing the overall total number of automobile trips for shopping.
Bicycle lanes are currently provided on East Main Street to the northwest comer of the
project. The applicant proposes additional bicycle and pedestrian paths within the
project to provide safe connections through the open space areas and to the re~~onal
bicycle system.
The extent and method of participation would be determined through discussions with the
City. Any option selected must be feasible from both the community's and property-
owners' perspectives.
Chapter XI - Energy
GOALS:
THE CITY SHALL STRIVE, IN EVERY APPROPRIATE WAY, TO
REDUCE ENERGY CONSUMPTION WITHIN THE COMMUNITY.
WATER CONSERVATION AND AIR QUALITY ENHANCEMENT
SHOULD ALSO BE PROMOTED. PROGRAMS SHOULD EMPHASIZE
GREATER EFFICIENCY IN END USE, RATHER THAN SACRIFICES
IN LIVING STANDARDS.
IN GENERAL, POLICIES THAT EFFECT CHANGE THROUGH A
COMBINATION OF ECONOMIC INCENTIVES AND PUBLIC
EDUCATION SHALL BE CONSIDERED MORE APPROPRIATE THAN
POLICIES INVOLVING STRICT LEGAL REQUIREMENTS OR
MANDATES.
26
50
THE CITY SHALL GIVE DUE ATTENTION TO ENERGY AND
RESOURCE CONSERVATION AND AIR QUALITY ENHANCEMENT
IN ALL PLANNING ACTIONS AND CITY ACTIVITIES.
Finding: Applicant has incorporated design features which reduce energy consumption
within the project. Applicant will also provide on-going training and education to
residents which promote practices encouraging energy and water conservation by
residents.
Policy 3 (PXI-22): New Housing
D) Passive solar design and sun tempering are very cost effective in new home
construction. They shall be encouraged in new housing developments and
individual houses.
Finding: Where practical, buildings will be orientated to allow for solar heating in the
winter. Del;iduous trees will be located to give shade in.the summer.
Policy 5 (p.XI-23) Land Use Planning and Zoning
B) Performance Standards' density bonuses for energy efficient housing have not
been utilized in multi-family developments R-2 and R-3 zoned land This is because the
base density is high enough that additional density is not needed The base density in R-
02 and R-3 developments shall be reduced accordingly so developers will have an
incentive to building energy efficient multi-family housing.
Finding: The townhomes will be common wall dwellings, therefore the residences will
use less eneTgy than a single family home. CHAUTAUQUA TRACE TOWNHOMES will
be built to Super Good Cents standards. The applicant, as part of its commitment to the
appropriate funding sources, will also regularly conduct energy and water conservation
educational programs.
The proposed residential units will be constructed consistent with current Uniform
Building Code and City of AsWand requirements regarding energy efficiency, and will, to
the extent fi~asible, take advantage of solar energy.
Chapter XII - Urbanization
GOAL:
IT IS THE CITY OF ASHLAND'S GOAL TO MAINTAIN A COMPACT
URBAN FORM AND TO INCLUDE AN ADEQUATE SUPPLY OF
VACANT LAND IN THE CITY SO AS NOT TO HINDER NATURAL
MARKET FORCES WITHIN THE CITY, AND TO ENSURE
DEVELOPMENT OF LAND IN THE CITY LIMITS.
27
5f
Policy 1 (XlJ-6): The City shall strive to maintain at least a 5-year supply of land for any
particular need in the City limits. The 5-year supply shall be determined by the
rate of consumption necessitated in the projections made in this Comprehensive
Plan.
Policy 2 (XlJ-6): The City shall incorporate vacant land only after a showing that land of
similar qualities does not already exist in the City limits, or if annexation is
necessary to alleviate a probable public health hazard
Finding: The project is currently bound on the south by existing City limits. Given the
need for, and the benefits of affordable housing, preservation of open space, and
protection of natural resources, and the shortage of land within the City limits Df similar
quality, the project will help relieve the shortage of affordable housing in the Ashland
community. Existing vacant residential land within the current City limits is either
designated for lower density residential development, is more removed from the core of
the City, shopping and other services, or would be too small to meet the objec1ives of the
project.
Currently, vacant residential land within the City limits is either designated for lower
density residential development, is more removed from the core of the City, shopping and
other services, or would be too small to meet the objectives of the project.
,
SUMMARY
The proposed annexation is a progressive extension of the corporate limits of the City of
Ashland to an area bounded on the north by existing City limits. In addition, Ithe project
will provide a nmnber of public benefits that will help achieve the goals and implement
the policies of the Ashland Comprehensive Plan. These benefits encompass 21 out of 26
of the Goals and Policy Standards outlined in the Comprehensive Plan. The remaining
five Goals are unapplicable to the applicant and deal generally with the responsibilities of
City administrators and staff. The applicant requests that this request for annexation be
granted.
28
5~
LIST OF PERSONS CONTACTED
(As of 1/12/96)
Scott Pingle, Civil Engineer
KAS & Associates
304 S. Holly
Medford, OR 97501
772-5807
Pam Barlow
Ashland Public Works
20 East Main
488-5305
Jeff Pauly, Registered Environmental Assessor
4103 Sunland Avenue
Central Point, OR 97502
772-1172
Brad Dill, Construction Supervisor
TCI Cable Television
P.O. Box 399
Medford, OR 97501
779-1814
Wayne Schumacher, Associate Director of
Family Housing
Southern Oregon State College
1361 Quincy Street
Ashland, OR 97520
488-4401
Steve Wood, Marketing Design Tech.
WP Natural Gas
580 Business Park Drive
Medford, OR 97504
858-4772
Philip Campbell, Director of Auxiliaries
Southern Oregon State College
1250 Siskiyou Blvd.
Ashland, OR 97520
541-6461
RVTD
3200 Crater Lake Avenue
Medford, OR 97504
779-5821
Don Paul, Assistant Chiefi'Fire Marshall
Ashland Fire Department
455 Siskiyou Blvd.
Ashland, OR 97520
482-2770
Peggy Morgan, Assessment Super.
City Hall
Medford, OR 97501
776-7061
Melvin Clements, Captain
Ashland Police Department
1155 E. Main Street
Ashland, OR 97520
482-5211
Bill Molnar, Senior Planner
City of Ashland
488-5305
Kelly Madding, Asst. Planner
City of Ashland
488-5305
53
Dennis Bamts, Water Quality Superintendent
Ashland Water Quality Department
90 N. Mountain
Ashland, OR 97520
Pete Lovrovich
Director of Electric Utilities
Ashland Electric
20 E. Main
Ashland, OR 97520
488-5357
Russ Chapman, Gen. Mgr.
Ashland Sanitary and Recycling Service
170 Oak Street
Ashland, OR 97520
482-0759
Dick Wanderscheid
Regional Affairs/Conservation Mgr.
City of Ashland
488-5306
Karen Smith
Chair., Jackson County Bicycle
Advisory Committee
c/o Jackson County Parks
200 Antelope Rd. WC
826-3122
Carlyle Stout, President
Southern Oregon Rental Owners Assoc.
215 Laurel
Medford, OR 776-2020
2
5'+
EMPLOYMENT DEPARTMENT
119 N. Oakdale Avenue
Medford, Oregon 97501
12/29/95
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Subject Site
Peak Environmental Services, Inc.
Report # 95-069-01
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Site Drawing:
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Property Boundaries and fences located
Location of buildings with tenant divisions
Location of Pavement, roads, drives, and
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Street locations with names
Adjacent businesses with names
Locations of transformers
USTs and ASTs located and labeled
Water courses and flow direction
Label all other features and suspect areas
pro~ect name and number on drawing
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FEB 29 1996
John Sully
365 Granite Street
Ashland, OR 97520
RE: File # 96-108
Request for annexation of 11.25 acres at southwest comer of Tolman
Creek Road and East Main Street.
Please include the following comments in the package to be given to the
Ashland City Council members for the public hearing on the armexation
for the 11.25 acres at the southwest comer of Tolman Creek Road and
East Main Street, File #96-108.
tctg
I urge the Ashland Panning Department and the Ashland City Council to
attach a conditon to the approval of the annexation of the parcel of land
at Tolman Creek Road and East at Main Street that the wetland at the
southeast comer of the property be reserved as a nonpoint source
pollution treatment wetland.
The boundaries of the wetland would be from the property line along
Tolman Creek Road to the top of slope along the westerly edge of the
wetland and from southerly property line north to the top of slope above
the point where the wetland drains under Tolman Creek Road.
The condition should probably include a statement to the effect that any
enhancement of the wetland should include only plants that are native
obligate wetland and/or facultative wetland plants that will enhance the
objective of nonpoint source pollution treatment and will have wildlife
benefits. Some landscaping at the top of slope should also be
considered for aesthetic reasons, to create an edge effect, and to act as a
buffer between the developed and undeveloped areas.
While work is being done on Roca Creek, I can see no beneift: in losing
other wetlands to developement. Covering and paving the uplands
adjacent Ito the wetland will increase the chances of drainage/flooding
problems on Tolman Creek Road and added pollution in Bear Creek.
to'?
Jl( ani Jlnne 'Bolin
119 Cypre.,., Circle
-"ts!i(ona, Or. 97520
FES 1 .3 1996
February 12, 1996
Ashland Planning Commission
Ashland, Or. 97520
Dear Planning Commission Members:
We have Just become aware of a proposal for a new development at the
corner of Tolman Creek and East Main for 92 to 96 units which will be
receiving a hearing at the Ashland Planning Commission. meeting on
February 13th.
We are opposed to this development on the following grounds:
1- The extensive size of this project will create a high density
problem.
2- There are no other schools close to this area and Belleview School
cannot accommodate this kind of over-flow, thus requiring a new
school or addition to the old one.
3- Bus transportation does not presently exist in this district, and
pedestrian movement will be limited by a traffic bottleneck on
East Main, a two-lane narrow street.
4- This is another example of an annexation that resembles the
characteristics of the Diamond D development which went down
to defeat for similar reasons.
5- The many services required for this development will place
another tax burden on Ashland residents already strained from
the need to sustain the limited resources available at present.
We understand that the Planning Dept.'s current survey has determined
that there is quite a bit of available land within the city limits. Therefore,
we would like to see this utilized first as it is close to city services.
6!~5l:0Z2~
Al and Anne Bodin
P.S. Please enter letter in record.
10
PLANNING ACTION-96-018
HAk
1 3 1996
City of Ashland Council:
We are concerned about the large development that 1S being considered
on Tolman Creek Road for the following reasons:
1.
The access to East Main St. from Tolman Creek Rd.
stage already--vision for oncom1ng traffic across
is at the dangerous
the 1-5 overpass
2. ,Is ,t1cc L.C' TY"c"ii'CE'r,: "L's. '"e';2r system capabilities adequate for a devel-
of this size?
3. That a development of this size should have more than one access and
outlet for the amount of cars and traffic this large development
will generate.
4. That a fence or other barrier should be planned between considered
development and Tolman Creek Mobile Park to keep foot traffic from
coming through park on their way to Y.M.C.A. and other places.
5. Understand from past applications that the city planned to infill
existing propery within city limits before annexing outlaying
property.
c_;c ~/ x::-:-v--/
;J _~
// Lc I c'_~ < /r -",--,,:"---c:_/
7/
DATE: February 13, 1996
City of Ashland
Planning Exh'ibit
bHiEllT 0 ~-1-_
PA# %-OJI~
OATE;?-'3q~ST F
TO: Ashland Planning Commission
FROM: Tenants of the Tolman Creek Mobile Home Park
RE: Planning Action 96-018
We, tenants of Tolman Creek Mobile Home Park, located at 215 Tolman
Creek Road, request your serious consideration to our objections to
the proposed annexation into the city of Ashland, 11.25 acres for
future development of the property referred to in Planning Action
96-018.
The infrastructure of the city of Ashland is struggling wjLth major
problems, all due to growth. Our schools are overcrowded and in
desperate need for money for additional classroom space and major
repair. The school district has listed its needs at $8 million for
the Middle School, $7.8 million for the Mountain Avenue Complex at
the High School, $.3 million for Briscoe School and an additional
$5 million for upgrading, roofing and buses.
The City's Sewage Disposal Plant has long been out of compliance
with the DEQ. The money for that project will be brought before the
voters at the next election, requesting a tax increase to cover the
millions of dollars the city needs to update the plant.
Our water supply is so limited we are asked to conserve water
whenever we have a dry year. In 1994 the city of Ashland was down
to a one month water supply when the rains finally came in
November.
The traffic on Tolman Creek Road, was last counted in l~ugust of
1993, one hundred yards south of Ashland Street. The count was
2,400 vehicles per day. Since that time, a branch post office has
moved to the Albertson's Shopping Center, the Northwest IMuseum of
Natural History was opened, several housing developments were
finished on the south/east side of town, increasing traffic by a
considerable amount.
At Mountain Meadows you have approved 60 units now with a projected
330 units total, 114 units in the Ashland Community Hospital
Foundation site on North Main, 30 homes at Hersey and Mountain
Ave., 30 or so homes at Orange and Helman, a residential
development on Fordyce, the Chautaqua Ranch School residential
addi tion, the conversion of the Chautaqua Ranch School to the
Waldorf school, 16 additional mobile home sites being added to wing
Spread Mobile Home Park on Clay street, the Mill Pond development,
the much needed addition to the SOSC Adult Student Housing! project,
will all add more traffic to Tolman Creek Road and further stress
the infrastructure of Ashland. We, who need to use Tolman Creek
Road to come and go from our homes, are well aware of the ever
increasing traffic on that street. There are times, especially
when the soccer games are on at the YMCA field, that Tolman Creek
1~
Road becomes a very dangerous street both for driving and for
pedestrians.
By annexing additional county land into the city, particularly when
it will be used for multiple family housing, you are greatly adding
to the st.ress on the infrastructure of the City of Ashland.
Let us take care of the problems we already have before we add to
them wi tin more vehicles on our streets, more children in our
already over crowded schools, and more people to compound our
sewage and water problems.
13
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Sheri
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Ed Serrano
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Irene Laird
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Pearl Jacobson
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Marvel Watson
Fran Pease
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Thelma Isaacs
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Wanda Coffman
Fern Taylor
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Raymond Cluff
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Donna Thiring
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Babs McDonough
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John Miedecke
Muriel Munson
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Jacquie McFadden
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R sidel1ce of 215 Tolman Creek Road, opposed to the annexation into the
c'ty of AShland as referred to in PLAN J18. ~/LJ/~6
Doris Perkins
71
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{r.v \~Oc-.<Y
Date: 9-Dec-96 09:50
From: LYNNA@fs1 (Lynna Batters Finance)
To: BARBARAC
Copies-to: LYNNA
Subject: Sprint Communications franchise info
Message-id: EFEOAB32015F3179
Sprint called this morning to request back up info for the franchise billing I
sent out in October. They gave me a different address to send the letter and
copy of the resolution to:
Attn: Wayne Young
Sprint Network Real Estate
1200 Main st.
Kansas City MO 64105-2148
So... if you will make a copy of that resolution (and map?) and give it to me 1
can copy the letter I have and send them off. Or if you would rather, you can
do it. Please let me know. Thanks!
OFFICE OF THE SECRETARY OF STATE
PHIL KEISLING
SECRETARY OF STATE
ARCHIVES DIVISION
ROY TUPNBAUGH
OIREGTOR
MICHAEL GREENFIELD
DEPUTY SECRETARY OF STATE
800 Summer Street NE
Salem, Oregon 97310
(503) 3nO?01
Facsimile (503) 373-0953
July 26,1996
!fEe"
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~~
City of Ashland
Attn: City Recorder
City Hall, 20 E Main Street
Ashland, OR 97520
Dear City Recorder:
Please be advised that we have received and filed, as of July 25, 1996,
Resolution Number(s) 96-34 annexing territory to the City of Ashland.
Please verify the effective date through the application of ORS 222.040
and/or 222.180.
Our file number is AN 1996-0101.
Sincerely,
j'~ ,,> ~'
Carol Royle
Official Public Documents
cc: Jackson County Clerk
ODOT /Highway Dept.
Population Research Ctr./PSU
->
NOTICE TO TAXING DISTRICTS
ORS 308.225
~...~
OREGON DEPARTMENT OF REVENUE
This is to notify you that your boundary
[arto9raphic ljni~
955 Cerltpr St. Nf:
Salem. OJ=;; 97:310
(503) 945-8297, f2;~
change in
i :::C' f- ~,or'\
ANNE"f~Tl!~li~ Tn A\)I-l~(",t.,-
County. for
q45'-87~~_i
f~'E:~: q6-34
has been:
c r TY OF A"iHLAW,
DIRECTOR OF F'[I~AtICF
2(1 EAST riA~r,j
ASHLAND, o~ ~75~O
[ZJ Received
F. .C
IT! Approved 8/26/96
Notes:
D Disapproved (see notes)
NEED TO SUBMIT WITHDRAWAl Wi'iEN J1 [1[COMfS fINA
FOR MAPPING UNIT AND ASSESSOR USE ONLY
Department of Revenue file number:
1-3,- ,'j 4 <1 -'-:" (1
Prepa~2d ~s: cboContac~
Boundary:
fiJ Change
D Proposed change
D Planned change
The change is for:
D Formation of a new district
ri:J Annexation of a territory to a district
o WIThdrawal of a territory from a district
D Dissolution of a district
o Transfer
o Merge
D Description
o Map
f*Jit**A~**********~t********~~*
4: i~l~(:,CFI~-THH,; AN:' M,4P AePROVEi-1 k
:; 8 2(:: ,/<;'1:;. f
~s ~~? OR5 303.22:) ~
t******t.*tt**t*tt*i*******~*i*~
Received from:
-T"'.'
J
150-303-039 (Rev. 12-93)
Dis1rbution: White - taxing dist. Canary - county assessor Pink - Dept. of R(NQ(liJEI Goldenroo - county commissioners Of County CourtlBc.undary Corrrnission (~ appropriate)
ORDINANCE No.:!78b
AN ORDINANCE WITHDRAWING AN ANNEXED AREA FROM JACI<:SON
COUNTY FIRE DISTRICT NO.5 (ACCESS ANNEXATION)
Recitals:
A. The owners of the property described in the attached Exhibit "A" have
consented to the annexation of this property to the City of Ashland and all electors
residing in the tract to be annexed have consented to the annexation.
B. Pursuant to ORS 222.524 a public hearing was held on August 6, 1996, at 7
p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon,
on the question of withdrawal of this property from Jackson County Fire District NO.5.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" is declared to be
withdrawn from Jackson County Fire District NO.5 pursuant to the provisions of ORS
222111
SECTION 2. The City of Ashland elects to pay the bonds of the Special Taxing
Districts pursuant to the provisions of ORS 222.520(2)(b).
The foregoing ordinance was first READ on the
day of cillO'" f ,1996,
/! /
and duly PASSED and ADOPTED this 'J
I . . / '
ir" ! , Ii, ----1
//{LJ!)kill (L!/,/UI'~'
Barbara Christensen, City Recorder
.I
/ ,-
day of I. Ui {/ i,j(
/
.1996.
SIGNED and APPROVED this
,'C')i
day of ~ I~f (~/< c.:'../
,1996
//i;</I{ ;~~. 1/ '/-- (;;,(=~
Catherine M. Golden, Mayor
Hroved as to form:
WJJ~
Paul Nolte, City Attorney
PAGE 1-SPECIAL ORDINANCE II' oed"",,, ,., ",,1(
L.J. FRIAR ANO ASSOCIATES
CONSUL .INO lAND SURVEYOR9
)().(S P:):..lY6T
b'lbrn:ORO. QRE'...o" H>>t
lAARY J. FRINl
.IN.AC9' E HIOOO
PHOril"fi'I<X
6O~n2-2;e2
LEGAL DESCRIPTION
ANNEXATION TRACT
Commencing at the quarter corner corrunon to Sections 11 und 14,
Township 39 South, Range 1 East, Wil1amette M.eridian, Jackson
County, Oregon; thence North 21'36'25" West, 1907.43 feet to a
found 5/8 inch iron pin on the West line of Tolman Creek Road and
the tnJP noint. of hp9'1nninQ', said point al30 being at the
Northeast corner of that tract of land a" described in city of
Ashland Ordinance No. 2293; thence along the present City limits
line, North 89"28'54" West, 380.57 feet to a found 1/2 inch iron
pipe; thence continue along th" present City limits lin:e, North
89"28'54" West, 249.84 feet to a found 3/4 inch iron pipe at the
Northwest corner of said tract described in said Ordinance No.
2293~ thence leaving said City limits line, North 0'04'56" East,
828.13 feet to a 5/8 inch iron pin on the Southerly line of east
Hain Street; thence continue North 0'04'56" East, 30.19 feet to a
found brass disk in concrete marking tho centerline of East Hain
Street; thence continue North 0"04'56" East, 32.80 feet to the
Northerly line of East Hain Str"et; thence along said Northerly
line, North 66'15'00" East, 174.92 feet to the Westerly line of
Interstate No.5; thence along said Westerly linE', South
27"03'44" East, 30.05 teet to a 5/8 inch iron. pin witness corner;
thence continue along said Westerly line, South 27'03'44" East,
102.09 feet to a 5/8 inch iron pin; thence continue along said
Westerly line, South 57"38'00" East, 484.94 feet to a 5/8 inch
iron pin on the Westerly right-af-yay line of Tol~an Creek Road;
thence continue along the Westerly. line of Interstate 5, South
57"38'00" East, 39.46 feet to a 5/8 inch iron pin; thence
continue along the Westerly line of Interstate 5, North 63'21'37"
East, 29.82 feet to a 5/8 inch iron pin on the Easterly line of
Tolman Creek Road; thence along said Easterly line, South
0'04'09" west, 582.77 feet to a 5/8 inch iron pin; then"e North
89"28'54" west, 60.00 feet to the true point of beginning.
Containing 12.21 acres, more or less.
Tract to bo Annexed
Quartcrpenny Corp.
95-176
,July 10, 1996
--.------;J
REGISTERED
~ROFESSloni\L
LAND SURVeYOR J
--~~ ----- ..-.,.-------
1. -o/~_
GREGOt,1
Jvn 17. 1Y~6
J^MlS L l-!H\JS
2234
J
Renewal date 6-30-97
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telepho'le (code 503) 482-3211
Office of the City Recorder/Treasurer
July 23, 1996
Phil Keisling
Secretmy of State
State of Oregon
136 Salem Capital
Salem, Or 97310-0722
Attention: Official Pnblic Documents
Enclosed for filing are cerlified copies of the City of Ashland:
1. Resolution No. 96-34, annexing a continguous area to the City of Ashland,
Oregon, and providing for an effective date. (Tolman Creek Road and East
Main)
2. A legal desCliption and map.
3. A copy of the Consent to Annex.
J trust that this will comply with the filing requirements of State Law. Please notify this
office when these documents have been accepted and filed in your office.
Cordially,
/
l~c!1
. /.
L1.
////
, ,
;' //2 (
/
,.
,-,j.'- /~
Barbara Cluistensen
City Recorder/Treasurer
Enclosures (3)
CERTIFICATE OF CITY RECORDER
state of Oregon
County of Jackson
city of Ashland
ss.
I, BARBARA CHRISTENSEN, City Recorder of the city of
Ashland, Oregon, hereby certify that I am the official custodian
of all documents and records of the said City and that I have
prepared and attached copies of the following documents:
1. Resolution No. i( :)'-(, annexing a contiguous e.rea to
the City of Ashland, Oregon, and providing for an
effective date. (Tolman Creek Road and East Main
annexation)
2. Legal description and map.
The
and they
above items are copies of originals filed in
are correct, true and complete transcripts.
/ /, ..
.', day of"""
my office
Dated the
.,
1996.
(:,L /) ,: : (L /~{,<:td .:' ,J
Barbara Christensen, City Recorder/Treasurer
Subscribed and sworn to before me this
j
day of
/ (_ '~J I
1996.
~".-,
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--.'''''''''''-,:
~<)/..
OFFICIAL SEAL
NANCY E SLOCUM
NOTAWi PUBUC . Of~EGOi'J
COMMISSION NCJ. 040453
MY COMMISSION EXP!RES SEPT. 18. 1!l99.
,7 (
~/.. C
,,/ /./ /''-'i'',/'' ( ./
. . , / ~, -' .
Notary Pv,blic
"
, (). (t' /1
for Oregon
My Commission expires:
".
/
,2/
/
IRREVOCABLE CONSENT TO ANNEXATION
The undersigned, referred to in this document as "Owner" whether singular or plural,
owns or is the purchaser under a recorded land sale contract of real property in Jackson
County, Oregon, described below and referred to in this document as "the property":
In consideration of the City of Ashland permitting the connection of Owner's building
sewer from the residence on the property to the sewer system of the City of Ashland,
Owner declares and agrees that the property shall be held, sold, and conveyed subject
to the following covenants, conditions and restrictions, which shall constitute covenants
running with the land and shall be bi'lding on all parties having any right, title or interest
in the property or any part, their heirs, successors and assigns:
Whenever a proposal to annex the property is initiated by the City of Ashland or
otherwise, Owner shail consent and does consent to the annexation of thE~ property to
the City of Ashland. Owner agrees this consent to annexation is irrevocable.
DATED ?-/s-9v>
SIGNATuREa/~Z;l-ef)
Printed Name /?1.e/JI/V# ;:: /f1c'A <,cC'L(
SIGNATU~ . c.
Printed Name / t<'. ;"~ ~<,-<;el/
SIGNATURE
Printed Name
State of Oregon
County of Jackson
ed I efore me on -]-/5 ,199,-9, I ,;),
-', -1lJ?tflrLfL F. f{/..'bt!L_ilJl4- W.f~~ L
_u ' - ,/,r ! /
"",jJ ,L_
(p:plal1l1ing\anncx.cnsl
! Public for regon
, QD1OJi' x ir
(f'c,/..
_" .~./>, OFFICIALS~AL
f';"':i> LYNDj\N:CFOLMI
I .,'.... 1'1, NOTAfW PU8L1C. "hoGON
",." COMMISSION NO.021991
, MY COMMISSION EXPIhES FEB. 23.199,'
L.J. FRIAR AND ASSOCIATES
CONSUL TINQ lAND 5URVEYOR~
x..cs K>..l.Y6'f.
WODl'"OI'lO. OREGON inQ1
lAAAY J. ~
.w.c ~.....
PH~.o::
6V~m.1;~2
LEGAL DESCRIPTION
ANNEXATION TRACT
Corronencing at the quarter corner common to Sections 11 .md 14,
Township 39 South, Range 1 East, Willamette Meridian, Jackson
County, Oregon; thence North 21'36'25" West, 1907.43 feet to a
found 5/8 inch iron pin on the West line of Tolman Creek Road and
the tnl'" noint of hp9;nning, said point also being at the
Northeast corner of that tract of land as described in c:i ty of
Ashland Ordinance No. 2293; thence along the present City limits
line, North 89'28'54" West, 380.57 feet to a found 1/2 inch iron
pipe; thence continue along th" present Ci ty limi ts 1 ine, North
89'28'54" West, 249.84 feet to a found 3/4 inch iron pipe at the
Northwest corn"r of said tract described in said Ordinance No.
2293; thence leaving said City limits line, North 0'04'56" East,
828.13 feet to a 5/8 inch iron pin on the Southerly line of east
Main Street; thence continue North 0'04'56" East, 30.19 feet to a
found brass disk in concrete marking the centerline of East Hain
Street; thence continue North 0'04'56" East, 32.80 feet to the
Northerly line of East Main Str"et; thence along said Northerly
line, North 66'15'00" East, 174.92 feet to th" Westerly line of
Interstate No.5; thence along said Westerly line, south
27'03'44" East, 30.05 teet to a 5/8 inch iron. pin witness corner;
thence continue along said Westerly line, South 27"03'44" East,
102.09 teet to a 5/8 inch iron pin; thence continue along said
Westerly line, south 57"38'00" East,. 484.94 feet to a 5/8 inch
iron pin on the west"rly right-at-way line of Tolman Creek Road;
thence continue along the Westerly: line of Interstate 5, South
57'38'00" East, 39.46 feet to a 5/8 inch iron pin; thence
continue along the Westerly line of Interstate 5, North 63'21'37"
East, 29.82 feet to a 5/8 inch iron pin on the Easterly line of
Tolman Creek Road; thence along said Easterly line, South
0'04'09" West, 582.77 feet to a 5/8 inch iron pin; thenc" North
89"28'54" West, 60.00 feet to the true point of beginning.
Containing 12.21 acres, more or less.
Tract to be Annexed
Quarterpenny Corp.
95-176
July 10, 1996
---:J
REGISTEeED
PROfESSionAL
LAND SURVEYOR
~_~~......J_______
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2234
Renewal date 6-30-97
Date: 23-Jul-96 16:26
From: BARBARAC@fs1 (Barbara Christensen Recorder)
To: BARBARAC
Subject: RE: annexation
Message-id: 42FDF431015F3179
In-reply-to: 4EFAF431015F3179
>Please review: ORS 222.170 lists documents to be transmitted to Sec.of state;
this includes item (4) which requests copy of the ordinance passed under ORS
222.120, which is the public noticing procedure, even for full consent
annexations.
>
>Please review process for annexations (full consent) and tell me if this
>is correct:
>1. Planning commission forwards approved Planning Action for annexation
>approval by council.
>2. Resolution setting public hearing is done; (ORS 222.120 inst:ructing
>City Recorder to notify).
3. After legal notifying is complete Public Hearing is held.
4. When Final Description and survey is complete, resolution approving
annexation is can be done. city Recorder is notified of when rE,solution is to
be done for notifying of utility entities.
5. After resolution authorizing approval of annexation is done, city recorder
sends letter to Sec. of State with the following documents:
a. certified copy of resolution setting public hearing.
b. Certified copy of resolution approving annexation.
c. certified copy of consent to annex.
d. Copy of map and description.
5. Sec. of State will designate "effective date". When this is known city
recorder will notify County Assessor, etc. regarding boundary change.
??When is the proper time for the Findings & Conclusions to be adopted???
Before or after the resolution approving the annexation?
Right after the public hearing?
state of Oregon
County of Jackson
I I}' h .'" , L I. (, I , duly caused to have posted
four (4) copies of Notice of withdrawal of certain Real Property
from Jackson County Fire District No. 5 to the City of Ashland
attached exhibit "A"; Tolman Creek Road and East Main in four (4)
public and conspicuous placed in the City of Ashland, OrE'gon on
the 23rd day of July 1996, and that the same will be kept: posted
in said places until after the 8th day of August 1996, that the
following are the public places within said city where said
Notice of Annexation Hearings were so posted and kept posted as
aforesaid:
1. City Hall
2. Jackson County Library - Ashland Branch (Refer'~nce
Desk)
3. Western Bank - Ashland Branch
4. U. S. National Bank
That said postings were done as aforesaid by direction of the
City Recorder.
,. '-.,
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signature
This instrument was acknowledged before me on
by ,-;', (1'.. [ ,( . ( , ~ (',
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Not~ry Pub lC
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OF-CICIAL SEAL
NANCY E SLOCUM
N01Anv PUBLIC OREGON
CCMM1SSI:)N NO. 046453
MY COMMIS>iON mIRES SEPT. IS. 1999
for Oregon
I f
My commission expires:
/ /
Posted by:
Dated:
POST:
July 23 THROUGH August 8, 1996
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
Office of the (Ity Recorder/Treasurer
July 23, 1996
NOTICE OF PlJJjUC HEARING
NonCE IS HEREBY GIVEN that the Ashland City Council will hold a public hewing on
August 6, 1996 at 7:00 p.m. at the Civic Center Council Chambers, 1175 E. Main St., to
consider the withdrawal of cfltain real properly from Jackson County Fire District No.5
(Tolman Creek Road and East Main Annexation)
BY ORDER OF THE ASHLAND CITY COUNCIL
Notice to be placed on the 24th and 30th day of July 1996.
C I T Y
o F
ASHLAND
C IT Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-321 1
July 22, 1996
City of Ashland
Department of Public Works & Maintenance
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:"
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
f. (/0_ 0 ~
l;it!l!4.?d .0' '~1 i U /; ,,~'< .<
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHli~ND, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
city of Ashland
Department of Finance
Attn: utilities
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
/1
J{. /;:/r 1//;
/ /f I{ f/(' (" I /( 'i I . i '\",' .
.J L- l.... 'l "I, C,-, ~I /c ,_
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
city of Ashland
Electric Department
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexlng the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
1/,. 1'1; /(~', I,,'"
/ll ( 1/ /t <' !r. (fit-Jr.", (I n '"j{- -Zu
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C IT."
HAL L
ASHLAND, OREGON 97520
teleprlOne (code 503) 482~321 1
July 22, 1996
US West Communications-premis Group
Room 409
450 110th Avenue NE
Bellevue, WA 98004
The city of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
/1
'/ ,/ I~ __~,
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.:./ (. ,- i. ' . ,_ '__ L ~_.~-c \.i
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
teleph,:me (code 503) 482-3211
July 22, 1996
Attention District Manager
Pacific Power & Light Company
P.O. Box 1148
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
I / ~//
/--'/ / //:' / , // I -----
j/ ,,- (/i t'i.- L ii.. /l l L:.; Ie /(. .~_:, /C__~/
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
TCl
P.O. Box 399
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
cordially,
,0 /1/
/Ji?(/;l{//( //{,:O(;;(" ,(
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHU~ND, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
WP Natural Gas
Attn: Manager
P.O. Box 1709
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
cordia,lly,
//) .'- 't'/: I'
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'-_ _ Ie /./[.,'- L-t /c~-- (,1(~"
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
Ashland sanitary service Inc.
170 Oak street
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
cord~i,ally ,
/: / '
// /1.'--
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Barbara Christensen
City Recorder/Treasurer
//""/"" .
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C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHU~NO, OREGON 97520
telephone (code 503) 482-3211
July 22, 1996
us Sprint Communications
Network Real Estate, Rates & Tarrifs
PO Box 12908 Attn: Brian Jordon
Shawnee Mission, KS 68282-2908
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexing the area.
2. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
;11 '
,J/;l/I'/;If/ "'
/" . / .
/ :- i.-L '- \.z ,-L.-,-
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Barbara Christensen
city Recorder/Treasurer
CITY
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-321 1
July 22, 1996
Rogue Valley Transit District
3200 Carter Lake Avenue
Medford, OR 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek Road and East Main
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. 96-34, annexlng the 3rea.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
/'
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/lti!;,!2,{ {>tLC
Barbara Christensen
City Recorder/Treasurer
/,"-',--{
CITY OF ASHLAND
20 E. MAIN
ASHLAND, OR 97520
Phone (541) 482-3211
Fax (541) 488-5311
FAX TRANSKITTAL
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DATE:
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C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
Office of the City Recorder/Treasurer
July 23, 1996
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on
August 6, 1996 at 7;00 p.m. at the Civic Center Council Chambers, 1175 E. Main St., to
consider the withdrawal of cerlain real properly from Jackson County Fire District No.5
(Tolman Creek Road and East Main Annexation)
BY ORDER OF THE ASHLAND CITY COUNCIL
Notice to be pwced on the 24th and 30th tiny of July 1996.
Public Notices
NonCE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the Ashland City Council will hold
a public hearing on. August 6,
1996 at 7:00 p.m. at the Civic
Center Council Chambers, 1175
E. Main St., 10 consider the with.
drawal of certain real property
from Jackson County Fire District
NO.5 (Tolman Creek Road and
East Main Annexation).
BY ORDER OF THE ASHLAND
CITY COUNCIL
Publish: July 25 & 30, 1996
No. 79615
C I T Y
o F
ASHLAND
C I T Y
HALL
ASHl.AND, OREGON 97520
telephone (code 503) 482-3211
July 16, 1996
TO: Paul Nolte, City Attorney
FROM: Barbara Christensen, City Recorder/Treasurer
Please find final description and survey map of the Tolman Creek
Road and East Main Annexation. Resolution for this annexation
can now be pu~ on the agenda for Council approval.
~, '\ '
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,Barbara Christensen
City Recorder/Treasurer
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY
HAL L
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO: John McLauglin
Bill Molnar
Kelly Madding
Barbara Christensen
DATE
PROJECT
JOB NO.
SUBJECT
07/11196
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Legal description for the . Access. annexation at Tolman Creek Road and East Main Street.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: The description does correspond to the attached map.
COPIES TO: Susan Wilson Broadus
Department of Public Works
Engineering Division
By: James H. Olson
Title: Asst. City Engineer
(c:\c:ngineu\nottans.fnn
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C I T Y
o F
ASHLAND
CITY
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
Oregon Liquor- Control Commi ::;~; I (':li
15 Cratc?:r Ldke f\ve
Medford, 01' ())'!().':
ThE.'".' City ui /-\:;i:] <Jnd hd~--; dl)P;-U\:! j
tel-rit_ory t-Cl 1.11(.' C:i.ty 01 /~',)lJdn
efte.ctive ppr :-;c:crr--'tary (It ,'-;tdt
lnrH'X,"jt i on of certdin cont.iquou;=-.;
(TC)jr:,Hl Crc:C?K, }:,Jst. Main)
OIl )JJ12~_.) ~_LC~~__0_.
Enclosed arc' tlje fo J lOltJ j n9 doc:uJlir.::nt.:'';:
1.
A copy ot Resolution No.
withdrawing annexed r0al
Fire District No.5.
96-35, annexing the area and
property trom Jackson County
2. A copy of Resolution tlo. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
J. A legal description ;1nd map.
I trust that this will comply with the tiling requirements of
State Law.
Cordially,
Barbara Christerlsen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHl.AND, OREGON 97520
leleptnne (code 503) 482-3211
August 1, 1996
Jackson County Assessor
Jackson County Courthouse
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
CITY
HAL L
ASHl.AND, OREGON 97520
telephone (code 503) 482"3211
August 1, 1996
Jackson County Clerk
Jackson County Courthouse
Medford, OR 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District NO.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephc'ne (code 503) 482-3211
August 1, 1996
Jackson County Elections Department
Jackson County Courthouse
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of state on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-]5, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-]4 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
]. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
te1eph,)ne (code 503) 482-3211
August 1, 1996
Jackson County Communications Center, SORC
Jackson County Courthouse
Medford, Or 97501
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C IT Y
o F
ASHLAND
C I T Y
HAL L
ASHU\ND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
Jackson County Sheriff
100 S. Oakdale
Medford, OR 97501
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephorle (code 503) 482-3211
August 1, 1996
Jackson County Public Works
200 Antelope Road
White city, OR 97503
The city of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District NO.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
!"~~,~~~J~~;;;i;;h:" ,
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I"" ..
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"..",J:;,..",..,-"..-_,<"
~Ifiif~i:~(. .
ASHLAI\jD, OREGON 9l::>20
te!ephone (code 503) 482-3211
C I T Y
HAL L
August 1, 1996
WP Natural Gas
Attn: Manager
PO Box 1709
Medford, OR 97501
The city of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Mai~)
effective per Secretary of state on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No, 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District NO.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHlA '10, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
Federal Emergency Management Agency
Region X
Federal Regional Center
Bothell, WA 98021-9796
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-321"
August 1, 1996
US West Communications-Premis Group
450 110th Avenue NE
Room 409
Bellevue, WA 98004
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District NO.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL l
ASHLA ~D, OREGON 97520
telephone (code 503) 482.3211
August 1, 1996
Pacific Power & Light
Attn: District Manager
PO Box 1148
Medford, OR 95701
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25. 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District NO.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requiremerts of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C IT Y
o F
ASHLAND
C I T Y
HAL L
ASHLAf\ID, OREGON 97520
telephone (code 503) 482.3211
August 1, 1996
Rogue Valley Transit District
3200 Crater Lake Avenue
Medford, OR 95704
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25. 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
".\.':"_,
I '~""
t.r~" : ~?;;~j~-;-t<_..
~'""':'~_"-~"""'o,.._
>_;:it:-.,,~~;&('.';~
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
Ashland Sanitary Service, Inc
170 Oak Street
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
TCl Cablevision
PO Box 399
Medford, OR 97501
The City of Ashland has approved annexation of certain ccntiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of state on Julv~ 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a cont~guous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requiremen~s of
state Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL l
ASHLArW, OREGON 97520
te!epl1Onl~ (code 503) 482-3211
August 1, 1996
Ashland School District 5
885 Siskiyou Blvd
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAf\IO, OREGON 97520
telephonE (code 503) 482-3211
August 1, 1996
Talent Irrigation District
104 Valley View Road
Talent, OR 97535
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on JU~J 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requiremen~s of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAI\ D, OREGON 97520
telephone (code 503) 482.3211
August 1, 1996
Jackson County Fire District #5
Attn: Dan Marshall
716 S. Pacific Hwy
Talent, OR 97540
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482.3211
August 1, 1996
City of Ashland
Parks & Recreational Department
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of state on July_25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAr- 0, OREGON 97520
telephone {code 503) 482.3211
August 1, 1996
City of Ashland
Planning Department
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of state on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
city of Ashland
Building Department
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25. 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAf\ 0, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
city of Ashland
Finance Department
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAr-, 0, OREGON 9752C
telephone (code 503) 482-321'
August 1, 1996
City of Ashland
Engineering Department
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jacksor County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAr-IO, OREGON 97520
telephom' (code 503) 482-321 1
August 1, 1996
city of Ashland
Department of Public Works
Ashland, Or 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordia lly,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
te!ephone (code 503) 482.3211
August 1, 1996
City of Ashland
Municipal Court
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-]5, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-]4 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o F
ASHL'AND
CITY
HAL L
ASHLAI'-ID, OREGON 97520
telephon ~ (code 503) 482.3211
August 1, 1996
city of Ashland
Police Department
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the City of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C IT Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
te!ephone (code 503) 482-3211
August 1, 1996
city of Ashland
Electric Department
Ashland, OR 97520
The City of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on Julv 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
City Recorder/Treasurer
C I T Y
o f
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
August 1, 1996
city of Ashland
Fire Department
Ashland, OR 97520
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Main)
effective per Secretary of State on July 25, 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the City of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
C I T Y
o F
ASHLAND
C I T Y
HAL L
ASHLAND, OREGON 97520
telephonE' (code 503) 482-321 1
August 1, 1996
Oregon Department of Transportation
Highway Department
6475 Crater Lake Hwy
Central Point, OR 97502
The City of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Tolman Creek, East Mai~)
effective per Secretary of State on July 25. 1996.
Enclosed are the following documents:
1. A copy of Resolution No. 96-35, annexing the area and
withdrawing annexed real property from Jackson County
Fire District No.5.
2. A copy of Resolution No. 96-34 annexing a contiguous
area to the city of Ashland, Oregon, and providing for
an effective date.
3. A legal description and map.
I trust that this will comply with the filing requirements of
State Law.
Cordially,
Barbara Christensen
city Recorder/Treasurer
ANNEXATION PROCEDURES CHECK LIST:
LOCATION Io-[ tvllLll ~~k r2J.. ".f t (L~t itlCL~c
PLANNING ACTION # ClirO/g RESOLUTION # 7? 3Cj. QRBI~....", ff
DATE COMPLETED
~~ rC'
./ -- -j "
" f' ,~
Check with Finance on any proposed annexations during
the period of May 20 through June 30. May effect tax
benefits.
NOTE:
Refer to ORS 222.040 - Delay of effective date of
actions under this chapter because of election.
ORS 308.225 - Description and map showing changes or
proposed changes MUST be filed, or postmarked, with
Department of Revenue no later than March 31, to be on
the tax rolls for the next fiscal year.
Vt '/10 fee PeL)
1.
RESOLUTION 2.
No. 5'fc 3..--
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7/Z;;/9?
'h3/9f,.o
,
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Final description and survey map received
from Public Works. (Send copy along with
request of resolution to city Attorney, keep
all other copies for filing)
Planning Department will coordinate date for
annexation with Recorder. City Attorney will
prepare resolution setting the date for a
hearing.tThiS resolution will direct
Recorder to publish & post notices:. ~
,p we+ftdr?wJiAJ:, Jnwr ~re. f)/Slnd ~ /61J7~ t!.07~
a) Publish notice on~ each week for two
consecutive weeks prior to date of
hearing in newspaper of general
circulation.
3 .
b) Post notices in four (4) public places
for period of first publication through
date of hearing. ~~\
llf n<-e.e.S'. 1/
At the time ofdt~~E~blic hearing, council
will considern~~ftHcc proclaiming
annexation OR authorizing annexation
agreement.
When adopted do the following:
a)
(&s,M clVt
Mayor & Recorder sign the erdinance. If
it is an authorization for an annexation
agreement, file two certified copies in
folder. No further action is taken on
annexation agreements until annexation
is proclaimed.
vi
~ Re.so (j)'TJt;ttJ 4Pl?tJ V~
DO THE FOLLOWING FOR PROCL~YION OF
A1INBRTIOIlT:
b)
Obtain copy of map. Map should include
address of property annexed, which
should be obtained from county records.
If there is no address, notate on map.
(ORS 222.005)
Request original consents to annex from
Planning.
~ euJ. 7Jz3/7?> 3. within ten (10) days of "passaqe" of
. ~~s.l<.rhOV\ Clr<l~"."Qe by council (ORS 222.005), 1"
provide copies of signed ordiRaIl€le,rQ.lSotu\\<l1V'
including map, by certified mail to all
public utilities.
V"
c)
/J1./l..,jn./ 7jp231? {"
4 .
As soon as possible, transmit to
Secretary of State with letter:
(ORS 222.177)
a)
/'
J
b)
certified copy of erail,e.J.ce W~ Ov<..
proclaiming the annexation.
c)
certified copy (ies) of consents to
annex.
11th/'/:4 I", /9 7?
J1tJ1~H /1L/LJ~Ll ,tI;/9&
BEFORE THE ASHLAND CITY COUNCIL
May 21,1996
IN THE MATTER OF PLANNING ACTION #96-018, A REQUEST FOR )
ANNEXATION OF 11.25 ACRES FOR FUTURE DEVELOPMENT OF A ) FINDINGS,
96-UNIT AFFORDABLE HOUSING RESIDENTIAL DEVELOPMENT ) CONCLUSIONS
LOCATED ON THE SOUTHWEST CORNER OF EAST MAIN STREET AND ) AND ORDERS
TOLMAN CREEK ROAD. THE REQUEST ONLY INVOLVES ANNEXATION)
INTO THE CITY OF ASHLAND. )
APPLICANT: ACCESS, INC.
RECITALS:
A. The applicant is requesting annexation of approximately 11.25 acres of land
identified as tax lots 1500 and 1600 of 39 1 E 11 C, located at the southwest corner of East
Main Street and Tolman Creek Road. The property is presently zoned RR5 under Jackson
County's land use ordinance. The Ashland Comprehensive Plan identifies this land as
Suburban Residential with a future zoning of R-1-3.5P.
B. The Planning Commission, following proper public notice, held a Public Hearing on
February 13, 1996 at which time testimony was received and exhibits were presented. The
Planning Commission recommended approval of the application for annexation.
C. The application was forwarded to the City Council for a decision in accord with
the Ashland land use ordinance. The Council, following proper public notice, held public
hearings on March 19, 1996 and April 2, 1996 at which time testimony was received and
exhibits were presented. The City Council approved the request at the April 2, 1996
meeting.
CRITERIA:
The approval of an annexation is subject to the criteria for approval in the Ashland
Land Use Ordinance (ALUO) 18.106., which are as follows:
1. That the land is within the City's Urban Growth Boundary.
2. That the proposed zoning and project are in conformance with the City's
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 1
Comprehensive Plan.
3. That the land is currently contiguous with the present City limits.
4. That adequate City facilities for water, sewer, paved access to and through
the development, electricity, urban storm drainage, and adequate transportation
can and will be provided to and through the subject property.
5. That a public need for additional land, as defined in the City's Comprehensive
Plan, can be demonstrated; or
a. That the proposed lot or lots shall be residentially zoned under the
City's Comprehensive Plan and that the applicant has agreed to provide 25%
of the proposed residential units at affordable levels, in accord with the
standards established by resolution of the Ashland City Council. Such
agreement to be filed as part of the initial application and completed and
accepted by all parties prior to the final adoption of the ordinance annexing
the property; or
b. That the proposed lot or lots will be zoned E-1 under the City's
Comprehensive Plan, and that the applicant will obtain Site Review approval
for an outright permitted use, or special permitted use concurrent with the
annexation request or within one year of the annexation hearing and prior to
the final adoption of the ordinance annexing the property. Failure to obtain
subsequent site review approval shall invalidate any previous annexation
approval; or
c. That a current or probable public health hazard exists due to lack of
full City sanitary sewer or water services; or
d. That the existing development in the County has inadequate water or
sanitary sewer service; or the service will become inadequate within one
year; or
e. That the area proposed for annexation has existing City of Ashland
water or sanitary sewer service extended, connected, and in use, and a
signed "consent to annexation" agreement has been filed and accepted by
the City of Ashland; or
f. That the lot or lots proposed for annexation are an "island" completely
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 2
surrounded by lands within the city limits.
EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "5"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
All information presented to the City Council and included as exhibits are incorporated as
part of this decision and made a part of the record for this action.
TESTIMONY, EVIDENCE, AND FINDINGS:
The council makes the following findings and conclusions regarding the relevant criteria:
1. That the land is within the City's Urban Growth Boundary.
The property, as indicated on the City of Ashland Comprehensive Plan map, is
located within the adopted urban growth boundary. The council finds that the land
is within the Ashland urban growth boundary. This issue was not disputed by the
opponents.
2. That the proposed zoning and project are in conformance with the City's
Comprehensive Plan.
The applicant is proposing a zoning of R-1-3.5P, which is the zoning associated
with the Comprehensive Plan designation of Suburban Residential indicated for this
property. The council finds that this zoning is in conformance with the
Comprehensive Plan. This issue was not disputed by the opponents. While the
applicants indicated their desire, after annexation, to pursue approval of a 96-unit
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 3
affordable housing complex, no specific project or use was approved with this
annexation. The Council finds that a 96-unit housing complex would be a
permitted use in the R-1-3.5P zone, conforming with the land use ordinance and
Comprehensive Plan.
Opponents argued that the request did not comply with the Statewide Goals,
specifically goals 1,5,6,10,12,13, and 14. The Council finds that the City of
Ashland has an acknowledged comprehensive plan, complying with all statewide
goals at the time of acknowledgement. Therefore, compliance with statewide
goals cannot be used as a criterion for an annexation request.
3. That the land is currently contiguous with the present City limits.
The site plan presented by the applicant indicated that the southern boundary of
the property proposed for annexation abuts the present city limits for
approximately 630 feet. The council finds that the land proposed for annexation is
currently contiguous with the present city limits. This issue was not disputed by
the opponents.
4. That adequate City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will
be provided to and through the subject property.
Water: The city has determined that adequate water supplies exist for future
development through at least the year 2018 based upon current growth
projections. This determination was based upon the 1991 SRC Water Demand-
Side Resource Study adopted by the City of Ashland in 1992. The Council finds
that the future water needs for the development of this property can be
accommodated by the current supplies.
The site can be served with water by a water main currently existing in the Tolman
Creek Road right-of-way. This main will have to be extended to serve the property
at the time of development of additional housing units on the land. The city's
public works department has stated that this line is of adequate size and capacity
to accommodate a 96-unit development on the property.
Sewer: Adequate capacity exists in the current sewer treatment plant to
accommodate development of the property. The plant has a capacity of
approximately 3.1 million gallons per day (mpg), with current average daily flows
of approximately 1.4 mgd. The site is served by a sewer main in Tolman Creek
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 4
Road. The council finds that adequate facilities for sewer exist.
Paved Access to and through the development: Access to the site is provided by
two routes -- Tolman Creek Road and East Main Street. Both streets are paved,
dedicated public rights-of-way that provide paved access to the site. The Council
finds that these streets meet the criteria for access regarding annexation. At the
time of site review for development of this project, the internal street design patter
will be required to provide connected access through the development.
Electricity: The site is served by the City of Ashland electric utility, and it has been
determined that there is adequate capacity within the electrical system to serve
this land. The council finds that there is adequate electrical service to serve the
property. This fact was not disputed by the opponents.
Urban Storm Drainage: The site is drained currently by three natural drainage
channels. The applicants have stated that future development of the site will be
preceded by the preparation of a complete grading and drainage plan. The Council
finds that the natural drainages, combined with storm drain improvements on the
adjacent streets, will provided adequate urban storm drainage for the site. This
fact was not disputed by the opponents.
Opponents stated that some of the natural drainage areas constitute wetlands, and
must be protected. The applicant provided evidence indicating that wetlands exist
on the property, and that they would be addressed as part of a future development
proposal. The Council finds that the existence of wetlands on the property is not
an issue related to the criteria for approval of an annexation.
Adequate Transportation: The city has not defined adequate transportation, but
has generally required that all modes of transportation be considered when
annexing land.
We interpret the requirement for adequate transportation as it applies to vehicular
transportation to mean that the projected increase in vehicular traffic from the
annexation would not cause the streets serving the property to exceed their
capacities. As stated above, the site is adjacent to two publicly dedicated streets,
Tolman Creek Road and East Main Street. Tolman Creek Road is classified as a
collector and East Main Street as an arterial in the City's transportation plan.
Assuming a future development at the highest density permissible which would be
approximately 96 apartment units, the vehicular traffic increase would consist of
approximately 600-700 vehicle trips per day. The Council finds that both Tolman
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 5
Creek Road and East Main Street are capable of handling the additional traffic
increases and the capacity of these streets for vehicular traffic would not be
exceeded.
We interpret the requirement for adequate transportation as it applies to pedestrian
transportation to mean that sidewalks exist from the site which connect to the
city's existing sidewalk system. In this proposal, there is a fully improved public
sidewalk extending north from the intersection of Ashland Street and Tolman
Creek Road to the southeast corner of this property. This sidewalk is a part of the
city's sidewalk system and provides an approximate 5-10 minute walking route
from the project site to nearby retail businesses (grocery stores, general
merchandise/pharmacies, fast food restaurants, etc...) as well as the YMCA, local
park, and Department of Motor Vehicles office. In addition the sidewalk connects
in this shopping area to the public transit route. The sidewalk system does not
connect to Bellview grade school serving this area because the grade school has no
sidewalks serving it. The grade school is approximately 5500 feet (approx. 1 mile)
away and sidewalks from the site lead towards the grade school for approximately
3200 (approx. 0.6 mile) feet where the sidewalk ends. The area from the sidewalk
end to the grade school is too remote to require the applicant to resolve. Sidewalks
do not exist from the site to the middle and high schools along East Main Street.
Sidewalk access does exist on Tolman to Ashland Street to Siskiyou Boulevard
accessing Southern Oregon State College. We do not interpret adequate
transportation to require sidewalks to every school or to require an applicant to fill
every gap in the city's sidewalk system. We interpret adequate pedestrian
transportation to mean in this context that sidewalks are provided to connect to
the city's existing sidewalk system The council finds that this sidewalk system
route provides adequate pedestrian transportation to and from the site to be
annexed.
Opponents argued that there are no sidewalks on East Main Street from the
annexation site west toward the Ashland Middle School, Natural History Museum
and downtown. The applicants indicated that the site would be served by school
busses for students, and that while sidewalks do not exist on East Main Street,
wide shoulders do exist which are currently marked as a bike lane, and are used by
pedestrians. The Council concludes that the lack of sidewalks on East Main Street
does not mean that the pedestrian access to the site is inadequate, but rather that
other modes of travel may be necessary prior to the completion of a connected
sidewalk network. Sidewalks will be required to be developed along the East Main
frontage of the project at the time of future development in accord with current
city ordinances. Sidewalks do exist from the annexation site to all these areas by
Findings, Conclusions & Orders
Planning Action 96.018
Annexation.. ACCESS, Inc.
Page 6
using the Tolman Creek Road sidewalk to the Ashland Street sidewalk system.
We interpret the requirement for adequate transportation as it applies to bicycle
transportation to mean that a bike path exists from the site which connect to the
city's existing bikepaths. There is a continuous bike route from the project site to
the commercial center at the intersection of Tolman Creek Road and Ashland
Street, as well as to the local park and YMCA. An existing bike path exists on
Ashland Street. Bike routes also exist from the site to the Middle School, Natural
History Museum, and downtown along East Main Street. The Council finds that
there is adequate bicycle transportation to and from the project site on these
facilities.
We interpret the requirement for adequate transportation as it applies to public
transit to mean that the public transit system is within a 5-10 minute walk of the
annexation site. The regular transit service provided by the Rogue Valley
Transportation District exists on Ashland Street, with a stop at the intersection of
Ashland Street and Tolman Creek Road. This transit stop is accessed by a
continuous sidewalk from the project site, with an approximate 5-10 minute
walking time. The Council finds that there is adequate transit transportation
available to this site.
Opponents argued that much of the site was greater than one quarter of a mile
from the nearest transit stop, and that transit would not be used due to the long
walk. The Council finds that there is no defined limit for distance from a transit
stop for development, but that walking distances of approximately five minutes, or
one quarter of a mile provide good guidance. The Council finds that a portion of
this development is within a 5-minute walk of the nearest transit stop. Further,
with the future development of this property, the extension of a new transit route
directly to the site becomes more likely.
5. That a public need for additional land, as defined in the City's Comprehensive Plan,
can be demonstrated; or
a. That the proposed lot or lots shall be residentially zoned under the
City's Comprehensive Plan and that the applicant has agreed to provide 25%
of the proposed residential units at affordable levels, in accord with the
standards established by resolution of the Ashland City Council. Such
agreement to be filed as part of the initial application and completed and
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 7
accepted by all parties prior to the final adoption of the ordinance annexing
the property; or
b. That the proposed lot or lots will be zoned E-l under the City's
Comprehensive Plan, and that the applicant will obtain Site Review approval
for an outright permitted use, or special permitted use concurrent with the
annexation request or within one year of the annexation hearing and prior to
the final adoption of the ordinance annexing the property. Failure to obtain
subsequent site review approval shall invalidate any previous annexation
approval; or
c. That a current or probable public health hazard exists due to lack of
full City sanitary sewer or water services; or
d. That the existing development in the County has inadequate water or
sanitary sewer service; or the service will become inadequate within one
year; or
e. That the area proposed for annexation has existing City of Ashland
water or sanitary sewer service extended, connected, and in use, and a
signed "consent to annexation" agreement has been filed and accepted by
the City of Ashland; or
f. That the lot or lots proposed for annexation are an "island" completely
surrounded by lands within the city limits.
The council finds that in order for an application to meet this criterion, it must either meet
a public need as defined in the city's comprehensive plan, or only one of the items listed
as a-f.
In the urbanization element of the city's comprehensive plan, Goal XII states the
following:
It is the City of Ashland's goal to maintain a compact urban form and to include an
adequate supply of vacant land in the city so as to not hinder natural market forces
within the city, and to ensure an orderly and sequential development of land in the
City limits.
Policy XII-1 states:
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 8
The City shall strive to maintain at least a 5-year supply of land for any particular
need in the City limits. The 5-year supply shall be determined by the rate of
consumption necessitated in the projections made in the Comprehensive Plan.
Policy XII-2 states the following:
The City shall incorporate vacant land only after a showing that land of similar
qualities does not already exist in the City limits, or
to incorporate lands which would result in increased opportunities for
affordable housing or economic development; or
if annexation is necessary to alleviate an existing or probable public health
hazard; or
when existing development in the County has or will have inadequate water
or sanitary sewer service; or
when the parcel has existing City of Ashland services.
While the comprehensive plan does not have a specific definition of "public need" as
identified in the annexation criteria, the City has historically relied upon the two above
referenced comprehensive plan policies as the definition of public need. For the purposes
of this decision, the city interprets these plan provisions as relevant to defining the scope
and meaning of the term "public need" with regard to annexation of the subject land to
the city. The City interprets these plan policies as relevant measurements of whether the
city has a public need to annex additional R-1-3.5 zoned land. Further, the
implementation of the referenced policies is through the annexation process (Chapter XIII-
Comprehensive Plan Policies And Their Implementation, Ashland Comprehensive Plan).
The City staff presented the results of a vacant land inventory of the community,
indicating that only 6.9 acres of vacant land zoned R-1-3.5 (Suburban Residential) exists
within the current city limits. Also shown was that the comprehensive plan identifies a
five year supply of R-1-3.5 land as being approximately 20.4 acres. Therefore, the
Council finds that there is less than a 5-year supply of land in the suburban residential
classification within the city limits, and that there is a need for additional land within the
city limits. Further, while the applicant has indicated a desire to develop a 96-unit
affordable housing project on this property, the City Council did not require as a condition
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 9
of annexation that the project be developed as presented. Rather, the Council annexed
the vacant land to allow for future development, regardless of the nature of the
development. Therefore, the vacant land is being annexed for future development
purposes and increasing the land inventory of R-1-3.5 acreage, consistent with the
purpose of the goal to assure an inventory of vacant developable land, not to only proved
land for a particular development.
As stated, the vacant land inventory indicates that only one parcel of land, 6.9 acres,
zoned R-1-3.5 exists within the city limits. It was stated during the hearing that this
property currently has an approved subdivision development plan, and was not available
for development of a multi-family housing complex. The council finds that this one
parcel does not constitute land of a similar quality that would preclude annexation of
additional property in the R-1-3.5 land classification. And even if the parcel were
available, there is still a need for additional land within the vacant land inventories for
property zoned R-1-3.5.
Opponents stated that other parcels, zoned for multi-family development (R-2 and R-3)
exist throughout the city, and that the applicant should break the project up into smaller
units on several parcels throughout the city. Opponents argued that these existing multi-
family lots constituted similar quality lands available within the city limits.
The applicant stated that they had researched availability of parcels within the city, and
that the costs were prohibitive. Further, they stated that no land of similar size (10 +
acres) was available within the city limits, as indicated by the City's vacant lands
inventory and their research with local Realtors. No land zoned R-1-3.5 was available for
the development of a project of this size, according to the applicants.
We do not interpret the Comprehensive Plan to mean that the availability of several R-2
and R-3 parcels throughout the city does not constitute land of similar qualities to that of
a 11.35 acre parcel zoned R-1-3.5. Further, we interpret the Plan to mean that unless the
land is classified as Suburban Residential under the Comprehensive Plan, it cannot be
considered as land of similar quality. We interpret the Comprehensive Plan require
specific designation of land types for residential development, with those types being
multi-family residential, suburban residential, single-family residential, and low-density
residential. In the same way that low density residential cannot be substituted for multi-
family residential, the council interprets the plan to mean that multi-family residential
lands cannot be considered the same as suburban residential properties.
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 10
DECISION
All requirements have been met by the applicant for approval of the annexation as
requested. The request is approved by the Ashland City Council.
~ Jv;~
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Mayor
12--{71..
Date
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Ifaw'J::1-A t 'Lc~-?<4-R~
Attest - City Recorder
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Date
Findings, Conclusions & Orders
Planning Action 96-018
Annexation -- ACCESS, Inc.
Page 11
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 2, 1996
CALLED TO ORDER
Mayor Golden called the meeting to order at 7 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of March 19, 1996 were approved with the following
amendment to page 4, paragraph 8; "from the" was deleted from sentence reading "The
county still owns Tolman Creek...south of Siskiyou Boulevard and a small portion to the
north of the mobile home park. "
SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of April 8, 1996 as Arbor Day in Ashland.
Mayor Golden read proclamation proclaiming a special day be set aside for the planting
of trees, called Arbor Day. Proclamation recognizes Ashland as a Tree City USA by the
National Arbor Day Foundation for eleven years and desires to continue its tree planting
ways.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees.
2. Monthly departmental reports for February 1996 and March 1996.
Councilors Hauck/Hagen mls to approve consent agenda. Voice vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Continuation of Planning Action No. 96-018, a request for annexation and rewning of
11.25 acres of property located on the west side of Tolman Creek Road, south of East
Main Street, for low-income housing (ACCESS, Inc., applicant).
PUBLIC HEARING CONTINUED 7:10 p.m.
IN FAVOR:
Joanie McGowanl676 Liberty StreeUAddressed her concerns regarding the cost of rents in
Ashland. Stated that she is aware of many friends that have had to leave the community
because of the high cost of living.
Council M<<tiDg 4-02-96
1
IN OPPOSITION:
Babs McDonough/21S Tolman Crk Rd #3/Submitted a letter witb a number of signatures
stating tbeir opposition. Letter outlined several concerns regarding traffic congestion,
pedestrian risk, problems to sewer system by additional load in annexation of property.
Pete Peterson/21S Tolman Crk #13/Concerned witb traffic issue.
Joe Eckhardt/l08 Bush St/Cites conflict witb goals of tbe LCDC, particularly tbe wildlife
area. Feels tbat tbis area should be protected. Does not feel tbere is a need for low income
housing and states his concern regarding tbe traffic issue. It was his judgement that an
annexation could not be within tbe ORS, until such time changes were made in tbe
Comprehensive Plan in tbe Land Usage Offices.
Barbara Ryberg/373 Vista/Concern tbat parcel was zoned RI-3.5 and questioned tbe
procedure in which tbe property was zoned. Concerned that RVTD is expanding service to
this area, and how will tbis work out. Feels tbere is a traffic problem if this area is
dependent upon RVTD. Questions community integrity.
Marilyn Briggs/S90 Glenview Drive/Addressed tbe need criteria, questioned tbe study tbat
was done showing tbe need. Questioned whetber tbe Council had actually seen tbis study.
Does not feel tbat tbe criteria has been met. Felt tbe Council should have a list tbat shows
98 families tbat are in need of this low income housing. Sites tbe increase of a possible 400
population to tbe city. Questions how much tbe city would be losing in taxes by allowing a
tax free project. Requests Council to wait.
Carroll Munson/2lS Tolman Crk #II/Stated his opposition in concurrence witb otbers.
Debbie Miller/1OO NonnaIlSubmitted information to council regarding LCDC planning
goals. Used tbese as a guideline witb current annexation proposal. Cited density,
transportation and how it would not be able to accommodate, no sidewalks and urbanization
criteria. Questions how much Ashland needs to accommodate low income housing. Asks
Council to check out accountability and merit.
Betty NorthcuW1340 E. Main/Stated opposition as a tax paying property owner. Feels
annexation of tax free, SDC units is discriminating and puts an additional burden on tbose
tbat pay taxes now. Asks council to not be swayed by tbe affordable housing issue.
Betty Elerath/840 Pinecrest Terrace/Questions how much tbe city will not be receiving in
SDC charges and how much will be passed on to current property tax payers. Questions
whetber tbis project will pay its share of taxes as otber property owners pay. If not, why
not? Feels this proposal is discriminating.
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Betsy Bishop/280 Normal/Lives in an area right next to the proposed annexation. Feels it is
important to protect the urban areas. Feels there are areas inside the city that could be used
to facilitate the need for low income housing.
John Fields/35 Oak Street/Opposes proposal because it encourages tax subsidy
developments. Questions how this fits into Ashland urbanization. Feels that there should be
more effort put into fmding other solutions to affordable housing.
STAFF RFSPONSE:
Planning Director John McLaughlin addresses questions raised by those in opposition. He
explained that the reason the RI-3.5 zone was applied to this property, was that during the
comprehensive planning process it was determined that this area was to be a higher density
area. The Comprehensive Plan was adopted with these plans in 1981 with periodic review.
McLaughlin did not have tax information on this property as it is based on the value of the
property when development is completed. He reported that a rough estimate on the SDC
charges based on 96 units, all multi-family to be around $300,000.
Stated that our Comprehensive Plan when it was acknowledged by LCDC complied with all
the Statewide goals. As the plan has periodic reviews, those updates are reviewed with these
goals. He feels that our plan meets these goals and it is what rules and governs in this
process. When city ordinances are adopted they in concurrence with our Comprehensive
Plan and the state has found these to be in compliance with our Comprehensive Plan.
When the city follows it ordinances for annexations and development, it means that the city
is following the statewide goals as acknowledged by LCDC.
McLaughlin explained that the improvement of East Main and Tolman Creek is proposed to
be done along with the development.
McLaughlin clarified that the traffic level with a proposed development of 96 units,
additional traffic could be 7-8 trips per unit (600-700 trips per unit). He explained that East
Main and Tolman Creek Road would be able to handle the additional capacity of traffic.
Wheeldon questioned whether the city would be able to satisfy its need for vacant land
recommended by the state through rezoning of property within the city limits. McLaughlin
clarified for Council that they do have the authority to rezone properties as they see it
necessary in order to meet statewide goals and to comply with the Comprehensive Plan.
McLaughlin clarified that the bike lanes on East Main are not standard size and the distance
from this parcel to the nearest sidewalk on East Main is approximately 1/2 mile.
It was questioned as to whether this development could be situated within the city limits.
McLaughlin explained that it could be within the city limits although there are no parcels
large enough to accommodate the project. City Attorney Nolte clarified for council that
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3
there are no case laws that he is aware of that addresses the issue of having property
available for project developments.
Council was reminded that criteria being used is based only on the land, not on the potential
development. The need criteria for this application is based on the type of zoning.
Questions regarding access points to the property for transportation was addressed by
McLaughlin. He explained that there is some initial work on the access points. There is one
potential access off of Tolman Creek Road that would link into a street system which
connects over to Clay Street. There is another possible access off of East Main.
McLaughlin stated that the recommendation to Council would be that before an ordinance is
passed annexing the land, there be a condition on the applicant to get a site review approval.
If all conditions and requirements regarding the development are not completed, then the land
would not be annexed.
Councilor Hauck stated that a transit district or service area is 1/2 mile on either side of a
route and is considered served by the fixed route. McLaughlin stated that they had
determined a five minute walking distance to the nearest transit route.
McLaughlin stated that it is correct that CP AC is non-existent at this time, but that this
action falls under the City's goal to ensure citizen involvement for participating in Land Use
actions through Public Hearings. There is a review process for Comprehensive Plan
changes, zone changes, etc. for Land Use. Because this is quasi-judicial involving one
parcel of land, this is normally a Planning Commission item that goes through Planning
Commission hearings and then on to City Council hearings. These Public Hearings are
opportunity for public comment.
APPLICANT REBUTfAL:
Debbie Price, ACCESS Housing Manager and Patty Clays, Executive Director of
ACCESS/Addressed concerns raised by opposition. Clarified that in regards to the property
tax exemption, it is available to different type of affordable housing projects. ACCESS as a
non-profit organization will pursue any property tax exemptions available to their
organization. There is no guarantee that tax exemption status would be granted. Stated that a
complete market study was done on affordable housing in Ashland, which showed a very low
rate of availability. Does feel application meets all necessary points of criteria.
Preliminary estimates have been done on unit mix, 96 units with an average of 2.3 persons
per family, 10 four bedroom units. This type of balance could be designed to meet the need
in Ashland and would be flexible.
Clarified that Access is a community service provider and taking steps to make permanent
solutions is necessary. Their goal is to provide affordable housing using state subsidies that
Council M<<6ng W2-96
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are available. Stated that this property would be managed by a professional management
company. The average rent for these units based on a 2 bedroom unit would be $357.25 a
month.
PUBLIC HEARING CLOSED: 8:35 p.m.
Discussion by Council regarding the possibility of additional expenses due to the
development that may be passed on and become a burden to other property owners. It was
commented that the city portion of property taxes is very minimal, how city monies are
generated is through utility taxes and utility charges which will continue to be paid by
individuals even if property taxes are exempted. There is a possible credit that can be
applied against SDC charges for improvements to streets, etc. around a project. Councilor
Laws stated that one tool to help in providing low income housing are based on providing tax
credits or forgiving of taxes.
Councilor Reid commented on the positive aspects and livability of current affordable
housing areas in Ashland. Stated that there is a difference in ownership of property versus
rental property.
Councilor Hagen stated that the proposed annexation does not meet the adequate
transportation criteria. Concerned that there is no bicycle facilities that meet standards on
East Main street and there are no sidewalks. This forces pedestrians to use the same lane as
bicycles which this does not comply with our Comprehensive Plan. He is also concerned
with the safety of the East Main and Tolman Creek Road intersection.
Councilor Thompson stated that he does not believe the application meets criteria for
approval based on criteria number four (4). Feels there is a need for affordable housing and
projects need to be done on a scale that people in Ashland want.
Councilor Wheeldon questioned as to whether this might not be an opportunity to create
better transportation in this area.
Councilor Hauck commented that the transit district has set service areas of 1/2 mile on
either side of an existing route and will not do other routes unless the density calls for
additional route or there is an unserved area that needs this service. He feels this proposal
falls within that service area and under their definition it does get adequate public
transportation.
Mayor Golden voiced her concern that the arguments used in a past application for
annexation are not being used with this development. Raised the issue of public need for
additional land and commented that 96 units on 4 acres is not suburban residential zoning,
but rather R-2 zoning. Feels that because of the density of this development, it is a R-2 zone
coming in as a RI-3 zone. Concerned that there is adequate need for R-2 land within the City
and unless the density changes, RI-3.5 cannot be justified.
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Councilor Reid stated that approval should not be tied to the ACCESS project, but that any
project should pass or fail according to our stringent site review in place.
Councilors LawslHauck mls to approve request for annexation and rezoning of 11.25
acres of property, Planning Action No. 96-018. Roll Call vote: Thompson and Hagen;
NO. Wheeldon, Hauck, Reid and Laws; YES. Motion passed 4-2.
PUBLIC FORUM
Linda Richards/300 W. Hersey/Requests support from Council in neighborhood
development of park space on north end of town. States there is one vacant piece of land
that would be perfect for a park. Parks Department tried unsuccessfully to obtain this piece
of property.
Feels there is a safety issue for children. Commented on possible future building of
condominiums by owner Albert Teitlebaum.
Council requested City Administrator Almquist to contact owner Albert Teitlebaum to see if
he would be interested in selling. Almquist reminded Council that property can only be
purchased with meals tax monies if in the open space program.
NEW AND MISCELLANEOUS BUSINESS
1. Public Works Department request for authorization to cut surface of Seventh Street to
install a manhole and sewer line.
Interim Public Works Director Jim Olson presented background on sanitary sewer line on
Morton Street which has been a source of sewer back-ups and maintenance problems.
Councilors LawslHauck mls to approve request for cutting. Voice vote: all AYES.
Motion passed.
ORDINANCES. RR~OLUTIONS. AND CONTRACTS
1. Approval of Grant of Easement from Central Oregon and Pacific Railroad, Inc., to
the City of Ashland for $75,484 for the purpose of insta1ling, constructing, operating,
maintaining, repairing, and replacing a public bicycle trail.
Councilors ReidlHauck mls to approve Grant of Easement. Roll Call vote: Wheeldon,
Laws, Reid, Thompson, Hagen and Hauck; YES. Motion passed.
OTIIER BUSINESS FROM COUNCIL MEMBERS
Councilor Thompson voiced concern that the public forum was not soon enough on the
agenda and that citizens were having to wait until sometimes after 9:30 p.m. to be heard
during the public forum section of the agenda.
It was explained to Thompson that this had been addressed in the past and that it is currently
sooner than it had been in the past. The importance of finishing public hearings by 9:30
Council Meeting 4-02-96
6
p.m. and the possible education process that the public may gain by waiting through a public
hearing for the public forum outweighed the need to push it ahead of public hearings.
Thompson questioned the progress being made on the widening of N. Main and questioned
whether it would be possible to offer any pedestrian refuge yet in the design. City
Administrator Almquist explained that the state has stated no to this request.
Thompson suggested to Council the possibility of holding a Public Hearing to discuss a
minimum wage in Ashland.
Councilor Hagen informed the Council that a check had been received from the Ashland
Community Food Store to get the effective cycling video on cable access.
ADJOURNMENT
Meeting was adjourned at 9:40 p.m.
t.i!J~it( (iU4~~
Barbara Christensen, Recorder
~M~
Catherine M. Golden, Mayor
Council M<eting 4-00-96
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