HomeMy WebLinkAboutTolman Cr. Annexation (Incomplete)
[~~r~a<<;:aCflri~~~~~:~M~cii~()c'#'":::',::::":,:'::~::",':..:,:::::".....:.'.=,:.'.,' ~#".'~... ":':::'" .'~_:
. "'-,.,,':',.:'....,.. :,':"~~' ,
z-,,-'-'------.v..<-,--~""""w.',',. <',;. ;"'.."'".'.""'.".;<<.;.",.__'r._ >:':',:0:':"':""" '"
",:::~,~9iI]
Memo
CITY OF
ASHLAND
Date: November 29,2006
From: Amy Anderson
To: Lea Light
Re: Annexation of 391 E11 D Tax Lot#1200
Based on the records of PA-90-030 regarding the annexation of 391 E11 D Tax
Lot#1200, the annexation was appealed to the Land Use Board of Appeals (LUBA) and
the annexation was remanded back to the City of Ashland. The applicant decided to not
pursue the annexation and just did a Site Review/P&E Permit for the construction of the
Albertson's/Rite Aid Tolman Creek Shopping Center.
Community Development
20 E. Main Street
Ashland OR 97520
_'0' ...anhlu..J.aLtW
Tel: 541/488-5305
Fax: 541/488-6006
TTY: 800/735-2900
r~'
, , ~ ~ ~. .',' ~ ".. :~"" , "., .', ",",
Barbara C\lristensen - Annexation 2576
Pa"'e~ 1
From:
To:
Date:
Subject:
Amy Anderson
Barbara Christensen; Lea Light
11/29/20073:34:47 PM
Annexation 2576
This is pertaining to the annexation of 391 e11 D 1200.
Amy D. Anderson, Assistant Planner
City of Ashland
Department of Community Development
51 Winburn Way
20 East Main 51. (mailing only)
Ashland, OR 97520
(541 )552-2044
(541 )552-2050 fax
NOTICE OF PUBLIC HEARING
NOTICE IS.HEREBY GIVEN that the Ashland City Council will hold a public
hearing on Thursday, April 19, 1990 at 7:30 P.M. in the civic Center
Council Chambers, 1175 E. Main street, on the following matter:
Annexation and zone change for 2.38 acres and site Review for 121,000
sq. ft. community shopping center northeast of the intersection of
Highway 66 and Tolman Creek Road. Zoning from Jackson County F-5 to
City of Ashland E-1. Assessors map no. 39-1E-11C tax lots 300 and
600; and 39-1E-11D tax lot 1200. (Watson and Associates, Applicant)
All interested persons are hereby called upon to appear at said hearing to
express their views. Written comments will also be received at the office
of the City Recorder, Ashland City Hall, during business hours until 5:00
P.M. on Monday, April 16, 1990.
By order of the City Council
./ -j t d J '
~-.;f~ .. .;0c~,.J~
Nan E. Franklin
City Recorder
PUBLISH: Daily Tidings
April 6 and 13, 1990
POST: 4 public places
April 5, 1990
..:2/U0 /00&-7<
4 ./~-f~
. ;;d. ". /," V--
~~)/~<<<--<::..-.c.&'/ G.....
/,C//J4 - dJ::....-~
, .
,Rj..c:<::.,? 4~=,=,.,. .cd..,.,
'?-/{ c.4.- .J'< ('
e....;~1
.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public
hearing on Thursday, April 19, 1990 at 7:30 P.M. in the civic Center
Council Chambers, 1175 E. Main Street, on the following matter:
Annexation and zone change for 2.38 acres and site Review for 121,000
sq, ft. cQmmunity shopping center northeast of the intersection of
Highway 66 and Tolman Creek Road. Zoning from Jackson County F-5 to
City of Ashland E-l. Assessors map no. 39-1E-11C tax lots 300 and
600; and 39-1E-I1D tax lot 1200. (Watson and Associates, Applicant)
All interested persons are hereby called upon to appear at said hearing to
express their views. Written comments will also be received at the office
of the City Recorder, Ashland City Hall, during business hours until 5:00
P.M. on Monday, April 16, 1990.
By order of the City Council
~I d
C-;7~ t .?04--iJ~
Nan E. Franklin
City Recorder
PUBLISH: Daily Tidings
April 6 and 13, 1990
POST: 4 pUblic places
April 5, 1990
.
+
ORDINANCE NO. ,;Z~???
AN ORDINANCE OF THE CITY OF ASHLAND RE-ZONING CERTAIN
PROPERTY FROM JACKSON COUNTY F-5 TO CITY OF ASHLAND E-1
(TOLMAN CREEK ROAD ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The property described in Exhibit "A" attached hereto
and shown as that property West of 1-5 Freeway is hereby rezoned
from Jackson County F-5 (Farm 5 acre min.) to City of Ashland E-1
(Employment) .
1990, and duly PASSED and ADOPTED this
1990.
on the /d
tic
~ day of
day of
,))1'<'-"1
!l
)l/.'<-.d 1
rJ
The foregoing Ordinance was first read
~/~ ,.-,/ "
. .~ . 7DJ/!!T~>Z"'J.!,",-
Nan E. Franklin
city Recorder
SIGNED and APPROVED this
"y Tic
/ e - day of
".
/)7/<'7
~.7
P. .- /';
dd/_____-/ :.::z---~~~
catherine M. Golden
Mayor
, 1990.
.
:.,""//
(. -"~
,
/~.
Commencing at the corner common to Sections 11, 12, 13 and 14 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North
36.50 feet, thence West 2467.30 feet to a 3/4" galvanized iron pipe located on the
northerly boundary of the Green Springs Highway, thence South 85"53'10" West, along
said boundary, 40.57 feet, thence North 89049'30" West 209.98 feet toa 5/8" iron pin on
the boundary established by Agreement recorded in Volume 566 page 459 of the Deed
Records of Jackson County, Oregon, thence North 0010'30" East, along said boundary,
250.00 feet to a 5/8" iron pin, thence South 89049'30" East, along said boundary, 50.00
feet to a 5/8" iron pin for the true point of beginning; thence North of the southwesterly
line of Interstate Highway No.5; thence along said southwesterly line as follows: South
26038'00" East 204.08 feet to a 5/8" iron pin, South 18039'50" East 504.88 feet to a 5/8"
iron pin, and South 13045'30" East 359.03 feet to the northeast corner of tract described
in Volume 567 Deeds page 167; thence North 89049'30" West, along the north line of
said tract, 329.58 feet to the true point of beginning.
(Code 5~12, Acccount #1~11523~5, Map # 391E11D, Tax Lot #1200)
.
. '':.
. """
r'r!~:':r;"
ORDINANCE NO. ,;:(':;-:77
AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN
RECENTLY ANNEXED REAL PROPERTY FROM JACKSON COUNTY FIRE
DISTRICT NO. 5 (TOLMAN CREEK ROAD ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in Exhibit "A" attached hereto,
situated in the city of Ashland, Jackson County, Oregon is hereby
withdrawn from Jackson County Fire District No. 5 pursuant to the
provisions of ORS 222.524.
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
77h~cl
'- . (/
7JhLc7
,/
(~ rI ~/ .,'
'--, /}'tl<;.z;f_ ~ 0. /1'/~/(-.-'(~d_
Nan E. Franklin
City Recorder
, 1990, and duly PASSED and ADOPTED this /S?'/<- day of
1990.
SIGNED and APPROVED this /J'~day of
l.. /) 7
7/ /Ld
(J
, 1990.
~~~~1---4~,;YL_
Catherine M. Golden
Mayor
..
'':;i:'\";'.
.1
<~ /)
~.~/_ /7
Commencing at the corner common to Sections 11, 12, 13 and 14 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North
36.50 feet, thence West 2467.30 feet to a 3/4" galvanized iron pipe located on the
northerly boundary of the Green Springs Highway, thence South 85053'10" West, along
said boundary, 40.57 feet, thence North 89049'30" West 209.98 feet to a 5/8" iron pin on
the boundary established by Agreement recorded in Volume 566 page 459 of the Deed
Records of Jackson County, Oregon, thence North 0010'30" East, along said boundary,
250.00 feet to a 5/8" iron pin, thence South 89049'30" East, along said boundary, 50.00
feet to a 5/8" iron pin for the true point of beginning; thence North of the southwesterly
line of Interstate Highway No.5; thence along said southwesterly line as follows: South
26038'00" East 204.08 feet to a 5/8" iron pin, South 18039'50" East 504.88 feet to a 5/8"
iron pin, and South 13045'30" East 359.03 feet to the northeast corner of tract described
in Volume 567 Deeds page 167; thence North 89049'30" West, along the north line of
said tract, 329.58 feet to the true point of beginning.
(Code 5-12, Acccount #1-11523-5, Map # 391E11D, Tax Lot #1200)
-
- ..~.
..".. -;.:-'
. i~}.~t,
ORDINANCE NO. c';{.:J7r::;
AN ORDINANCE OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS
AREA TO THE CITY OF ASHLAND, OREGON AND PROVIDING FOR AN
EFFECTIVE DATE. (TOLMAN CREEK ROAD ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in Exhibit "A" attached hereto and
made a part hereof is. contiguous to the city of Ashland and is
located in Jackson County, Oregon, and is hereby annexed to the
city of Ashland as provided in section 2 of this ordinance.
SECTION 2. Upon the effective date of this ordinance, the City
Recorder, in accordance with ORS 222.177, is hereby authorized and
directed to make and submit to the Secretary of the State of
Oregon, a copy of this ordinance, a copy of the Statement of
Consent from the electorate of the tract annexed, and a copy of the
ordinance dispensing with the election on the proposed annexation,
and also upon the effective date hereof, the City Recorder is
authorized and directed to submit a copy of this ordinance to the
County Assessor and County Surveyor of Jackson County, Oregon.
The foregoing Ordinance was first read on the lai day of
, 1990, and duly PASSED and ADOPTED this /."'5--0-
7)} /u;
'7 )//'~I
tI
day of
1990.
r-~) ./,;
'--77h ~ / ,//.
. d.. /, 7-'",,7/-c._/t: /({<:-:/l..
Nan E. ranklin
City Recorder
SIGNED and APPROVED this
--day of
//
___ ,//L,__ f
/
.,
, 1990.
~...
?c:'4<5z.--L-/
. r'"
Catherlne M.
Mayor
7~~~
Golden
..
-::x
/
'"' /
(';//c
Commencing at the corner common to Sections 11, 12, 13 and 14 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon, thence North
36.50 feet, thence West 2467.30 feet to a 3/4" galvanized iron pipe located on the
northerly boundary of the Green Springs Highway, thence South 85053'10" West, along
said boundary, 40.57 feet, thence North 89049'30" West 209.98 feet to a 5/8" iron pin on
the boundary established by Agreement recorded in Volume 566 page 459 of the Deed
Records of Jackson County, Oregon, thence North 0010'30" East, along said boundary,
250.00 feet to a 5/8" iron pin, thence South 89049'30" East, along said boundary, 50.00
feet to a 5/8" iron pin for the true point of beginning; thence North of the southwesterly
line of Interstate Highway No.5; thence along said southwesterly line as follows: South
26038'00" East 204.08 feet to a 5/8" iron pin, South 18039'50" East 504.88 feet to a 5/8"
iron pin, and South 13045'30" East 359.03 feet to the northeast corner of tract described
in Volume 567 Deeds page 167; thence North 89049'30" West, along the north line of
said tract, 329.58 feet to the true point of beginning.
(Code 5-12, Acccount #1-11523-5, Map # 391E11D, Tax Lot #1200)
..
''';~.~[' ...'
~:r;:~'~'
,:- -, '.c.~~,,_._,._... '~'-.", ':l!\~I!;~ .
~-~.
. "'.'" _7 -.- I ,~,
"'n::-
'.'.".,"'
ORDINANCE NO. ;;:;5 ~7 .
AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON
THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR
A PUBLIC HEARING THEREON; SETTING A PUBLIC HEARING DATE ON THE
WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT
NO.5; DIRECTING PUBLICATION OF NOTICES AS REQUIRED BY ORS 222.524; AND
DECLARING AN EMERGENCY. (TOLMAN CREEK ROAD ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The city of Ashland finds that the owners of the property
described in Exhibit "A" attached hereto and by this reference incor-
porated herein have consented to the annexation of said land to the City
of Ashland. The Council further finds that there are no electors
residing in the proposed annexation.
SECTION 2. The submitting of the question of the annexation is hereby
dispensed with and a Public Hearing is hereby called at the Council
Chambers, civic Center, 1175 East Main Street, Ashland, Oregon, on
April 17, 1990, at the hour of 7:30 P.M., at which time all persons may
appear and be heard on the proposed annexation.
SECTION 3. Pursuant to ORS 222.524 a Public Hearing shall be held on
April 17, 1990, at 7:30 P.M. in the Council Chambers, civic Center, 1175
E. Main Street, Ashland, oregon, on the question of withdrawal of
certain real property from Jackson County Fire District No.5. All
persons may appear before the Ashland City Council and be heard on the
question. The real property above mentioned is situated in Jackson
County, Oregon, and more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
SECTION 4. In order to schedule a public hearing in a timely manner,
the public interest requires that an emergency be declared and this
Ordinance shall take effect on its passage and approval by the Mayor.
The foregoing Ordinance was first read on the 20th day of March, 1990
and duly PASSED and ADOPTED this 3rd day of April, 1990.
Q".~) L. ~l-/~'_L;u
Nan E. Franklin
City Recorder
SIGNED and APPROVED this ~~L day of
Ul:.-C .c2--
/
, 1990.
~;/Z.c__._./~"I~~~
Catherine M. Golden
Mayor
..,
._--~--_._~-- ...._._--~-_.._..
---.."'. "--~._.,,,.,-----"---'-'~-'-
. ASHL
:JLANNING ACTION 90-030 is a request Annexation and Zone Change for 2.38 acres and
Site Review for a 121',000 sq. ft. community shopping center to be located northeast of
:he intersection of Highway 66 and Tolman Creek Road, between Tolman Creek Road arid
:he freeway. Comprehensive Plan Designation: Commercial and Employment; Zoning:
::;-1, E-1; F-5 (Jackson County). Assessor's Map #: 11C; Tax Lots: 300 and 600;
f\ssessor's Map #: 11 D; Tax Lot: 1200.
f\PPLlCANT: Watson and AssoCiates
I" .
....
"
r': ~:"'
J, .
: ~::.:
.~'''.a//~tJ
BEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF PLANNING ACTION 90-030, A
REQUEST FOR ANNEXATION, REZONING, AND SITE
REVIEW FOR A COMMUNITY SHOPPING CENTER ON
PROPERTY LOCATED ON THE NORTHEAST CORNER OF
ASHLAND STREET AND TOLMAN CREEK ROAD.
APPLICANT: WATSON & ASSOCIATES
)
)
)
)
)
)
FINAL
ORDER
RECITALS:
1. The applications for annexation, rezoning, and site design review were jointly filed by
applicant. The subject property consists of three parcels: Tax Lots 300 and 600, (39-1E-
lIe), and Tax Lot 1200, (39-lE-lID). Only Tax Lot 1200 was subject to annexation. The
contiguous properties are located north off Ashland Street on the northeast corner of the
intersection of Ashland Street and Tolman Creek Road.
2. The applicants requested annexation and rezoning of Tax Lot 1200 from the county RR-5
district to the city E-l district. Site design review concerned the entire subject property planned
as a community shopping center.
3. The City Council upon receiving a recommendation for disapproval from the Planning
Commission conducted a public hearing on the matter. Following proper public notice, the City
Council held a public hearing on April 19, 1990, at which time testimony was received.
4. The criU,ria for approval of an annexation are in Section 18.108.190 ALVO. Rezoning of
annexed property occurs automatically upon annexation. The criteria for site design review is
in .Section 18.72.050 ALVO.
NOW, THEREFORE, the City Council of the City of Ashland finds and concludes as follows:
SECTION l. 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 "S".
Proponent's Exhibits lettered with a "P".
Opponent's Exhibits lettered with an "0".
Hearings Minutes, Notices, Miscellaneous Exhibits lettered with an "M".
__.,':~..:J,~'_';';..
+..'.' ".j .. ~ _.;.'_, - ~.,.
:....."110:" _,,'
,..:r,,'.: .
';.'~.",.l. ;
~, ,;)',,;,'~.
SECTION 2. FINDINGS
2.1 The Council finds that it has received enough information to decide the applications for
annexation, rezoning, and site design review.
2.2 The decision of the Council is supported by the Findings of Fact and Conclusions submitted
with the applications as Applicant's Exhibit 'A', attached hereto and made a part hereof.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on the matter, and subject to the conditions set
forth herein, the Council concludes that the applications for annexation, rezoning, and site design
review are supported by evidence contained in the whole record.
3.2 Therefore, based on our overall conclusions and upon the proposal being subject to each
of the following conditions, we approved Planning Action #90-030. Further, if anyone or more
of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action
#90-030 is denied. The following are the conditions and they are attached to the approval:
1) That a site, size, and species specific landscaping plan be submitted for review by the
Tree Commission and review and approval by the Staff Advisor prior to issuance of a
building permit. Such plan to indicate all lot coverage percentages and incorporate the
changes from these conditions.
2) That the 6' chain link fence indicated for the northern property line of the project be
replaced with a either a dark colored vinyl coated fence with no slats, or a solid board
fence along the property.
3) That a public pedestrian and bicycle easement be granted to the City to the property to
the north near the creek.
4) That a drainage way and conservation easement along Hamilton Creek be granted the
City.
5) That a clear pedestrian access of a minimum of 10' in width be provided from the sidewalk
along the east end PAD 1 north through the parking area to the front of the MARKET
building, and another pedestrian access be provided from the existing PAD 2 to near the
shared wall between the DRUG and SHOP B buildings.
6) That the sidewalk along Ashland Street be widened to an 8' width, with trees planted in
the sidewalk, following the specifications for tree planting that are presently being used
in the Downtown improvement project.
That an 8' wide sidewalk be provided along Tolman Creek Road, from Ashland Street
past PAD 1, then narrow down to a 5' sidewalk with a planter strip between the sidewalk
and street. The planter strip to include street trees.
7) That the applicant provide 42 bicycle spaces, with at least 21 covered spaces.
"<.'".'~~'''" .,.,., ....... J<i...J......_.-".r:.....<'l-..._U.:.<~.,~<L-A.,..:....L,L.l.__,..'~'.,.}.d'_'.::.U...LL:.L./..J.....1.;;.'.....,.;. ',"~::1_';""~...-:: ;.,...'r~li,...... .
..~.~-, _....-
i:;:.!iW':'-;':"i.
8) That the automobile access off of Tolman Creek Road nearest to PAD 1 be limited right-
turn entrance only and right-turn exit only.
9) That the parking areas around PAD 1 be redesigned such that this area is not so isolated,
auto access-wise, from the other portions of the development
10) That street trees be located on all street frontages, one per 30' of frontage.
11) That additional species of trees be used on the project. Only 25% of the trees may be
single species.
12) That the landscape plan indicate street trees along the building frontages, creating an
internal street with similar qualities to that of a standard city street. The trees should
be used to frame the buildings, and that they be located such that they do not conflict
with the signage.
13) That additional planter area, similar to that in front of the market and shown on Sheet
F, be included to create the desired streetscape.
14) That trees should also be indicated for the outdoor deck/seating area/open area over
the creek between the MARKET and DRUG buildings.
15) That additional decorative light poles be included along Ashland Street, and Tolman
Creek Road.
16) Tha:t <;Jecorative lighting should be included along the suggested new pedestrian paths
through the parking area, as suggested in 3 above.
17) That the pipe railings along the handrails along the creek walkways be painted a
compatible color with the color scheme of the complex.
18) That a grading plan, and topographic map of the site, be submitted prior to building
permit issuance.
19) That the driveway section shown on Sheet C be corrected and an accurate depiction
presented.
20) That the elevations of the structures, on the north and east sides, be modified with some
sort of roof form along this frontage, some form of textured block for the wall surface,
rather than a smooth block, and then some form of vertical breaks in the surface, to break
up the effect of a long, continuous wall.
21) That all signs for the complex be in compliance with the Ashland Sign Code.
22) That a local improvement district for the improvement with curb, gutter, sidewalk, and
arterial street improvements to Tolman Creek Road be formed prior to the issuance of
building permits for this project.
23) . That a local improvement district be formed for a traffic signal and landscaped median
on Ashland Street prior to issuance of building permits for this project.
24) That the applicant shall provide an area within the center for a community recycling
center, with the design approved by the Staff Advisor.
25) That the diagonal parking along Tolman Creek Road be examined by' the applicant's
traffic engineer for a redesign to ensure the safety of cars backing into Tolman Creek
Road, specifically be enlarging the parking area. Such redesign to be approved by the
Staff Advisor.
Dated this M day of
71 ,7 '1
, 1990.
~~.~~~
Catherine M. Golden
Mayor
Q~Z:d/~
Nan Franklin
City Recorder