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Home My WebLink AboutAshland Hills Annexation 1979 #2 , OFFICE OF THE SECRETARY OF STATE NORMA PAULUS SeCRETARY OF STATE C. GREGORY McMURDO ASSISTANT SECRETARY OF STAn January 19, 1979 City of Ashland City Ha 11 Ashland, OR 97520 Dear Ms. Franklin: ELECTIONS ""ID PuBLIC RECORDS DIVISION R..\YMOND A. PHELPS, JR. DIRECTOR 141 STATE CAPiTOL SALEM, OREGON (503) 378-4144 We have received and filed, as of January 17, 1979, Ordinance No. 1989, annexing territory to the City of Ashland. Our filing number is 79-13. Sincerely, ---:-; (/ f' ~L;- t:{U ~ Raymond A. Phelps, Jr. RAP:rlz '/ ,,~71 jbc-#" 1-3- <7 4 ~tI. C{ '7J.O Z- C I T Y o F ASHLAND i , ti "--""" ,;/~:<:, Iit~7:r.~"~ .\ ~ ~',r" _ .,.~. ;,~ \ .~...;;:...-'.,t~ "t l,~t -',' -....-.J ".,A'-' , .:.. ~. J~ '. ",r. ;.. .,':.'-,_-,....' <.-"',A ...,,.-.bi':"'~~~~,,.. C I T Y HAL L ASHLAND. OREGON 97520 t.lephOne (Code 503) 482.3211 . .January 12, 1979 Ronald L. Salter City Attorney Dear Ron, The information below has been sent to the differen1: agencies for recording on the Ashland Hills Annexation. Secretary of State - State Capitol - Salem, OR 97301 1. Copy of consent to annexation. 2. Ordinance No. 1974, dispensing with an election. 3. Ordinance No. 1989, annexing the territory, together with legal description & map. 4. Affidavit of publication. 5. Notice of posting. State of Oregon, Department of Revenue - Assessment & Appraisal Division - Salem, OR 97310 1. Copy of Ordinance 1989, annexing the area. 2. Legal description. 3. Copy of the certified map of the territory annexed. Jackson County Assessor - Jackson County Courthouse - Medford, OR 97501 1. Copy of Ordinance 1989, annexing the area. 2. Legal description. 3. Copy of the certified map of the territory annexed. Jackson County Surveyor - Jackson County Courthouse - Medford, OR 97501 1. Copy of Ordinance 1989, annexing the area. 2. Legal description. 3. Copy of the certified map of the territory annexed. Jackson County Clerk - Jackson County Courthouse - .Medford, OR 97501 1. Copy of Ordinance 1989, annexing the area. 2. Legal description. 3. Copy of the certified map of the territory annexed. Sincerely, L,) ,t ~ ~. .~ . / ..P-<< ~, -/--7LH-/~ Nan E. Franklin City Recorder / 0 .;....... C I T Y o F ASHLAND :~~ -:::: \'; . ~ y C I T Y HAL L . ~-:.:":~ :~ ASHl.AND. OREGON 97520 telephone (Code 503) "'2.3211 -..---. ."--~,-,-_.- January 12, 1979 Secretary of State State Capitol Salem, OR 97310 Dear Secretary, The City of Ashland has approved annexation of Cert:ain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copy of consent to annexation. ~ 2. Ordinance No. 1974, dispensing with an election. 3. Ordinance No. 1989, annexing the territory, together with legal description. 4. Affidavit of Publication. 5. Notice of posting. I trust that this will comply with the filing requirements of State law. Cordially, L,1 ? d' , /' - / //t-<'& ~ 7/1d,'L/?U?~ Nan E. Franklin City Recorder NEF/ams '7/0 ;} C I T Y o F ASHLAND /:'~-;; .; "'~~~.\ ,~ ~'.~ ..... i '.:j.'~.'/ :~..~- ':-~..:a' ~l ~_ C I T Y HAL L ASHLAND. OREGON 97520 telephone (Code 503) 412.3211 " January 12, 1979 State of Oregon Department of Revenue Assessment & Appraisal Division Salem, Oregon 97310 Dear Secretary, The City of Ashland has approved annexation of cel\"tain contiguous territory to the City of Ashland. Enclosed are the following documents: l~ Copy of Ordinance No. 1989 annexing the area. 2: Legal description. 3: A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements of State law. Cordially, / ;~ G ~ut/JL- Nan E. Franklin City Recorder NEF/ams )&[,,/77 {] d -/ Jh~.7~"??/;&'4..u~j;?;?~/ ),L#~~ a<-~/ 99" - 1',[, 'i<.;c F ;r tJ '/{t' J C I T Y o F r~'~:-"'~~ .. .~"~;' ~ <,. --\1 @,....... ASH LAN 0 I -:~~:c fa! J ~. ..,..~~..,,z".'.!;'..'.'.'.' '. \....,,':.~... '~, " ' _ >._ t. ;:.~- :,,"~,(~i" .. . . ....... C I T Y HAL L ASHLAND, OREGON 975~ telephOne (COCIe 503) .482-3211 January 12, 1979 Jackson County Assessor Court House Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland, Enclosed are the following documents: 1. Copy of Ordinance No. 1989 annexing the area. 2. Legal description. 3. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, ~)~d t Z~~?/iL'L Nan E. Franklin City Recorder NEF/ams J-;~6' 79 () A-;#/9?'c _ 9.t. L.f,~.. t../A. -r- '...,t ~- -h..b".J GL-t.A' 7'~~ ~ ..:J-<??,,"l!:. r - 7u.eJ C I T Y OF ASHLAND ~\. ~~" .o.,~~; >....,':.~ - 'r ',;.-",-: I~I ~ :;t;;:,~.j '.~:, l:r21,~'~;:_ _ .-' C I T Y HAL L ASHLAND. OREGON 97520 te-lephoM (COde- 503) .2.3211 , L.. January 12, 1979 Jackson County Surveyor Jackson County Courthouse Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copy of Ordinance No. 1989 annexing the area. 2. Legal description. 3. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, '-'. cd /.', /- i:'.:!'d.-fo 7//MW~ , Nan E. Franklin City Recorder NEF/ams '/::-0 ;; C I T Y o F ASHLAND _.......~ ~,:<, ....,~"~' ... ~ ' -"-. , I~. ~"'. j.' :"1; , """; . ~ ," ':;~~::.'~:~..:l-".f I:...,..~..c l . ~- . . . ~ . ." ~. . . "_'_:'."-'::-"J"''''c :Ml:-~'''-;~~~''t.._ C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) 412-3211 January 12, 1979 Jackson County Clerk Court House Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. A copy of Ordinance No. 1989 annexing the area" 2. A legal description. 3. A copy of the certified map of the territory annexed. I trust that this will comply with the filing requirements. Cordially, 1.." ..e/;/ '/. / id1-V ;;-. --rd:eL'<--~'~ Na'n E. Franklin City Recorder NEF/ams ANNEXATION DESCRIPTION The North half of Lot 10, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon. ALSO: All that portion of Lot 9, Section 11, Town- ship 39 South, Range 1 East, Willarnette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running through said lot. EXCEPTING THEREFROM the following: Beginning at the Northwest corner of Lot 9, Section 11, Town- ship 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, along the West line of said lot, 330.0 feet; thence North 660 00' East, 262.30 feet, to the center of the County Road; thence along said road line, North 27024' West, 136.0 feet; thence North 41043' West, 107.0 feet; thence North 51014' West, 36.24 feet, to the North line of said lot; thence West, along said North line, 79.04 feet, to the point of beginning. Ashland Hills No. 2 U /!/ JLU~' -;0' ;;Z jdL ORDINANCE NO. /9<;/ AN ORDINANCE AMENDING ORDINANCE NO. 1361, THE ZONING ORDINANCE OF THE CITY OF ASHLAND, AND SECTION 18.12.030 .OF THE ASHLAND MUNICIPAL CODE, TO REZONE CERTAIN PROPERTY FROM JACKSON COUNTY RR-S (RURAL RESIDENTIAL-S AC. MIN.), TO CITY R-l (SINGLE FAMILY RESIDENTIAL) . THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No.. 1361 and Section 18.12.030 of the Ashland Municipal Code be, and the same hereby is, amended to rezone from Jackson County RR-S (Rural Residential-S Acre minimum) District, to City R-l, (Single Family Residential) District, the following described real property, to-wit: The North half of Lot 10, Section 11, Township 39 South, Range 1 East, Willsmette Meridian, Jackson County, Oregon. ALSO: All that portion of Lot 9, Section 11, Town- sh~p 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running through said lot. EXCEPTING THEREFROM the following: Beginning at the Northwest corner of Lot 9, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, along the West line of said lot, 330.0 feet; thence North 66000' East, 262.30 feet, to the center of the County Road: thence along said road line, North 27024' West, 136.0 feet; thence Nortl 41043' West, 107.0 feet; thence North 41 14' ~est, 36.24 feet, to the North line of said lot; thence West, along said North line, 79.04 feet, to the point of beginning. . / . The foregoing ordinance was first read on the-Lj??~day of ~~A..e~' 1978 and duly PASSED and ADOPTED this 3.1",( day of (l~ , 1978. / 7.J/~ ~. ::;/J4A'~P~~ Nan E. Fran li'n City Recorder SIGNED and APPROVED this !> 1978. :7 . ----._-~- I-t[ ORDINANCE NO. /7 '10 AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN RECENTLY ANNEXED REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5 (Ashland Hills Annexation No.2). THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following described real property situated in the City of Ashland, Jackson County, Oregon, is hereby with- drawn from Jackson County Fire District No. 5 pursuant to the provis ions of ORS 2 22.524. Said real property is described as follows to wit: The North half of Lot 10, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon. ALSO: All that portion of Lot 9, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running through said lot. EXCEPTING THEREFROM the following: Beginning at the Northwest corner of Lot 9, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, along the West line of said lot, 330.0 feet; thence North 66000' East, 262.30 feet, to the center of the County Road; thence along said road line, North 27024' West, 136.0 feet; thence North 41043' West, 107.0 feet; thence North 51014' West, 36.24 feet, to the North line of said lot; thence West, along said North line, 79.04 feet to the point of beginning. SECTION 2. The City of Ashland elects pursuant to ORS222.520(2) to pay annually, as the bonds of Jackson County Fire District No.5 (formerly the Talent Rural Fire Protection District) that were out- standing on the effective date of this Ordinance, as the same pro- portion of such outstanding bonds and interest thereon, as the assessed valuation of that part withdrawn bears to the assessed valua- tion of the entire district on the effective date of this ordinance. The foregoing Ordinance was first read on the /9 t/day of ~~47Li.t~)1978, and duly PASSED and ADOPTED this 3nJday of fiL(i~,I~/ _,' 1978. ~_. ~ 0z~' LUL . .~ Nan 11. Frank11n City Recorder SIGNED and APPROVED this~~4day of ~~197 ')RDINANCE NO. /1 '?1 AN 'ORDINANCE OF TilE CITY OF ASHLAl\D ,\NNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, ORE- GON. (Ashland lIills Annexation No.2) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following described real property is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland; The North half of Lot 10, Section 11, Towns~ip 39 South, Range 1 East, 1fillamette l1eridian, Jackson County, Oregon. ALSO: All that 'Portion of Lot 9, Section 11, Town- ship 39 South, R~nge 1 East, Willamette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running thr~ugh said lot. EXCEPTING THEREFRO~ t~e following: Beginning at the Northwest corner of Lot 9, Section 11, Town- ship 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, along the West line of said lot, 330.0 feet; thence North 660 00' East, 262.30 feet, to the center of the County Road; thence along said road line, North 27024' West, 136.0 feet; thence North 41043' West, 107.0 feet; thence North 51014' Nest, 36.24 feet, to the North line of sain lot; thence West, along said North line, 79.04 feet, to the point of beginning. SECTION 2. The City Recorder, in accord with ORS222.l70, is hereby authorized and directed to ma'ce and submit to the Secretary of State of the State of Ore~Jn, a copy of this Ord- inance, a copy of the Statement of Con~3nt from the landowners of the tract annexed, and a copy of the Ordinance dispensing with the election on the proposed annexation; and also 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 /~c~day of ~?V~ , 1978 .and duly PASSED and ADOPTED this o3,;.C',:"" day of fi7C&-tu",) , 1978. at<-' , ~/<-4L U; < Franklin ecorder SIGNED and APPROVED this,,?";1""'{day of' - ---....-......-..- - .__..-----~+ !! :'J ORDINANCE NO. /'71"1 AN ORDINANCE AMENDING ORDINANCE NO. 1361, THE ZONING ORDINANCE OF THE CITY OF ASHLAND, AND SECTION 18.12.030 OF THE ASHLAND MUNICIPAL CODE, TO REZONE CERTAIN PROPERTY FROM JACKSON COUNTY RR-5 (RURAL RESIDENTIAL-5 AC. MIN.), TO CITY C-l(RETAIL COMMERCIAL.) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 1361 and Section 18. 12.030 of the Ashland Municipal Code be, and the same hereby is, amended to rezone from Jackson County RR-5 (Rural Residential-S Acre minimum). District, to City C-l, (Retail Commercial) District, the following described real property, to-wit: Beginning at a point on the East line of Government Lot 10, Section 11, Township 39 South, Range 1 East, Willamette Heridian, Jackson County, Oregon, which point bears North 0" II' East, 268.34 feet, from the Southeast corner of said lot; thence continue along said lot line, North ~ II' East, 150.0 feet; thence East, 130.0 feet; thence South 0 11' West, 101.1 feet; thence South 69" 27'. West, 139.35 feet, to the true point of beginning. The foregoing tL. ~ -U<3X:- ~rej.. day of ordinance was first read on the I~~~day of , 1978 and duly PASSED and ADOPTED this h;1;.nuf.e'? ~ , 1978. ~d~~ ~ %d~~ Nan . .Fran 11n City Recorder SIGNED and APPROVED this / ORDINANCE NO. /97t/ AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXA- TION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON: AND SETTING A PUBLIC HEARING DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACK- SON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICA- TION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLAR- ING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland find s that the owners of the property described in Exhibit "Att attached hereto and by this reference incorporated herein have consented to the annexation of said land to the City of Ashla.nd. SECTION 2. The submitting of the question of the said annexation is hereby dispensed with and a Public Hear- ing at the English Lecture Hall, Ashland High School, Ashland, Oregon, on the 5th day of September 1978, at the hour of 7:30 P.M. at which time all persons may appear and be heard on the proposed annexation. SECTION 3. The City Staff is directed to cause notice of said Hearing to be given as required by ORS 222.120 so that public notices are published in a newspaper of general circulation appearing in the City in issues of such newspaper on August2land August 28,1978, and that notices be posted in four (4) public places in the City for a period of not less than two (2) weeks prior to the date of the Public Hearing. SECTION 4. Pursuant to ORS 222.524 a Public Hearing shall be held on September 5,1978 at 7:30 P.M. in the English Lecture Hall, Ashland Senior High School, Ashland, Oregon, on the question of the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly known as the Talent Rural Fire Protection District). 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 5. The City Staff is directed to publish and post notices of said Hearing in the same manner and on the same dates as described above relative to the proposed annexa- tion. . SECTION 6. It is hereby adjudged and declared that the existing conditions are such that this Ordinance is necessary for the immediate preservation of the public health and safety of the people of the City of Ashland and an emergency is hereby declared to exist and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. ( . n;l/._ . ~ ..- " , The foregoing ordinance was first read on the 1st day of August , 1978 and duly PASSED and ADOPTED this 15th day of Au~ust , 1978. 7~ a tv 6 ~dP't:Ah" Nan . Franklin City Recorder SIGNED and APPROVED this "1' . 1978. (?...J'7 EXHIBIT "A" NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DITRICT NO.5, AND ON THE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND. NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- trict) and also on the question of the annexation of the same real property to the City of Ashland will be held September 5, 1978 at 7:30 o'clock P.M. at the English'Lecture Hall, Ashland Senior High School, Ashland, Oregon. All persons are invited to attend this Hearing and be heard on the question of the pro- posed withdrawal and annexation. The real property above mentioned is situated in Jackson County, Oregon and more particularly described as follows: The North half of Lot 10, Section II, To~~ship 39 South, Range 1 East, Willamette Meridian; Jackson County, Oregon. ALSO: All that portion of Lot 9, Section II, Township ~outh, Range 1 East, Willamette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running through said lot. EXCEPTING THEREFROM the following: Beginning at the Northwest corner of Lot 9, Section 11, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thencE~ South, along the West line of said lot, 330.0 feet; thence North 660 00' East, 262.30 feet, to the center of the County Road; thence along said road line, North 270 24' West, 136.0 f~et; thence North 410 43' West, 107.0 feet; thence North 510 14' West, 36.24 feet, to th~ North line of said lot; thence West, aiong said North line, 79,04 feet, to the point of beginning. 71, aN E ~,ute )L~ Nan . Franklin, City Recorder . EXHIBIT "A" TO AN ORDINANCE ENTITLED: "AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TI~ffi AND PLACE FOR A PUBLIC HEARING THEREON: AND SETTING A PUBLIC DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM .JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY." PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Article X of the Ashlanu City Charter, the Council will meet on the 19th day of September, 1978 at 7:30 p.m. in the English Lecture Hall, Ashland Senior High School, to consider the first reading of the following ordinances: 1. An ordinance authorizing and ordering. the improvement authorizing and ordering the improvement of Windsor Street from Indiana Street easterly to the existing pavement. 2. An ordinance authorizing and ordering the improvement of Walnut Street from Luna Vist~ to Wimer Street. 3. An ordinance authorizing anq ordering the improvement of Emma Street from Elkader to Roca Street. 4. An ordinance authorizing and ordering the improvement of Barbara Street from Tolman Creek Road to Jacquelin Street. . 5. An ordinance rezoning 9.3 acres of property at Hwy. 66 and E. Main Street from County RR-5 to City R-l (Ashland Hills, Inc., applicant). 6. An ordinance annexing 9.3 acres of real property at Hwy. 66 and E. Main Street (Ashland Hills, Inc., applicant). 7. An o'rdinance wi thdrawing 9..3. acres of real property at Hwy.66 and E. Main Street from Jackson County Fire Dis- trict No.5 (Ashland Hills, Inc., applicants). 8. An ordinance dispensing with an election and setting a public hearing on a proposed annexation and withdrawal from Jackson County-Fire Distri~t No.5 of 1.1 acres of real property located 140 feet .outh of E. Main Street and 275 feet north of Hwy. 66 (Ashland Hills, Inc., applicant) . NOTICE IS ALSO GIVEN that three (3) copies of said ordinances will also be available for public inspection during business hours in the Office of the City Recorder/Treasurer, beginning Tuesday, September 12, 1978. Copies?f said o~dina~ces have,also been supplied to members of the Clty Councll prlor to sald ~ate and this notice duly posted at City Hall pursuant to the Clty. Charter. All interested persons desiring to be heard on any of th~ fo~e- going matters are' invited to said meeting to express thelr Vle"s, by order of the City Council 7 1M!' t, iM~d~ Nan E/. Franklin ~ity Recorder/Treasurer Publish: Daily Tidings September Il, 1978 .~..I '-jU) i_ PUBLIC NOTU;" NOTICE IS HEREBY GIVEN _ .........nl ... Article X of "'- A.hl.nd City Ch."er. "" CGuncIl will moot on "'-,'''' dIIy "'SOpI....bor.197..,7:311p.m.ln > the English Lecture Hau. . _1_ Senlal' HigII SClaI. to CDMlCIer tM lint rHdlntl of the foI.....1nD ordiNnc_: I. An ord...._ _zing _ _no "'- Impr_ ....-zlng - - tII. in\IM ow.men. of Wlncltor '-Street trom -tndla'" Street ....rly to "'" 0ll1S11nG'_-. . 2. An ordinance _ authOriZing ...::I~1ngth.lmplo...mentof 'Wo\nUl Stneltrom I,u"!' VlStoto , W_ Sll'ooI. . , 3. An ordlnenca aVftKM"IZIng . _..._Ino"'-__'''' Emmll Strwt trom: - ElkadW to 'RocoS_. _' . ',., ... An ordinance authorizing : md..-d<<lng the Improvement of - Barblira ',Street .from .Tolman Crftk Road to .J8(:QUelln Street. 5. - An ordinance rezoning -'.3 Er. ofprOper'ty .t+twy. -66 and E. Meln Street from Ccuaty RR.5 to'Clty R.l (Aohl_ HIli.. Inc.. _lIeonll. 6. An ordinance .nnfndng 9.3 KT'n of reetpr6perty at HwY..66 .-.d - E. Main Street (Ashlend Hili.. Inc.. allPlleonll. 7. -An ordlnence withdrawing ,,3 acres of rear prOperty at Hwy. 66 end E: Main 'Street from Jackson County Fir. Dlstrld N.o. 5 (Ashland HIIII, Inc.. liP: 'plleontsl. '0 An ordinance dl.nslng with an election and setting . 'publlc - hearing on . 'prOpOsed ..nexatlon end withdrawal from JackSOn county Fir. Dlstrld No. ,5 Of 1..1 acres Of reel 'property toc_ted UO teet south of E. Meln StrHI."nd 275 feet north of Hwy. ~ (Ashl.nd HillS. Inc.. ap. 'p1leonll. . . NOTICE IS ALSO GIVEN lIlot th.... (3) COpI. of said or. dlnenclS will _Iso be available for 'public -Inipectlon during buSlnet hours In the ,Office of ttfe City R.cordlr~ Trlaaurlr, beginning Tuesday. .september 12, 1971. 'COpies of said or. dlnances have also been s~plled . to members of the City Council 'prior to said date and thll notice duly 'posted at City Hall 'pursuant to the City Charter. All Interested' persons desiring I to bl heard on any Of the tore. going matters are invited to Hid meeting to express their views. by order of the City Council Nan E. Franklln'Clty Recorder. Treasurer PubliSh: September 11. 1978 AFFIDA VlT OF PUBUCATION STATE OF OREGON, } IS. County of Jac:kIon. I, ....... p.C?::.~~. .~~.C!~p.~~!!.., being first duly sworn, depose and say that 1 am the printer of the ASHLAND TIDINGS, a dally newspaper of general drculatlon, printed and published in AahJand, in the aforesaid county and state; that such newspaper is made up of at least four pages of five columns of at least 17 %Inches in depth, or If smaller pages, then comprising an equivalent amount of type matter; that said newspaper was regularly and uninterrupted1y published for at least one year Immediately proceeding the first publication of the attached notice, and has more than 200 bona fled subscribers within the county in which it Is publiShed; that the notice of which the one hereto attached Is a true and correct copy, v1z; .._..;."i was published in the regular and entire issue of said newspaper once a week for ....... .QA~. . successive and consecutive weeks, commencing with the Issue dated the ..llLh.. day of .. S~pt....., 19.7.8., and enJl~g with the issue dated .. .n.. .ton day of .., ;:;.ep:l< r............... 19 I...... That the price Rctua1ly charged for this notice was $lt!. . ~ 9 . . . . . . . . . . . .. That a reduction of $. . . . . . . :-. ~ . . . . . . .. from the legal rate was made for charitable purposes. .. .,',.......f'...._....... Subscribed and sworn to before me this,:,.~:: day of_,"; .... ....,19.... . . . . . . ::. ::.._ .'. ~ .-. ._. . . .C.". . ; ; .'. '. . . . . . . Notary Public for Oregon. (My commission expires. . . . ( ... ~'.. . . .I.; .,. . ...) -;/.~; :::..- l ... [ . NOTICe OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DITRICT NO. S, AND ON THE QUESTION OF THE Ai'lNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND. .. NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- . trict) and also on the question of the annexation of the same real property to the City of Ashland will be held September 5, 1978 at 7:30 o'clock P.M. at the English.Lecture Hall, Ashland Senior High School, Ashland, Oregon. All persons are invited to attend this Hearing and be heard on the question of the. pro- posed withdrawal and annexation. The real property above . mentioned is situated in Jackson County, Oregon and more particularly described as follows: The North half of Lot 10, Section 11, To~~~hip 39 South, . ... Rangel East, Willamette Meridian,. Jackson County, Oregon. - . . . .. ALSO: All that portion of Lot 9, Section 11, Township .0.39 south, Range. 1 East, Willamette Meridian, Jackson County, Oregon, lying Southerly of the County Road, running through said lot. ..; EXCEPTING THEREFROM the following: Beginning at the Northwest corner of Lot 9, Section 11, Township 39 South, Range 1 East,. Willamette Meridian, Jackson County, Oregon; thence South, along the West line of said lot, 330.0 feet; thence North 660 OQ' Eas~. 262.30 feet, to the center of the County Road; thence along said road line, North 270 24' West, 136.0 feet; thence North 410 43' . West, 107.0 1eet; thence North 510 14' West, 36.24 feet, to t~e ... .... North line 0:: said lot; thence West, k long said North line. 7 - . 04 . feet. to the point of beginning.. . . .-. .. .. . .. .. . . '1..}~, tE ~... ~ka.:... . Nan E. Franklin, City Recorder . .'. ,. .. Publish: Ashland Daily Tidings Aug. 21, 1976 Aug. 26, 1976 .,. ,;;~".-- -'-.-.....-.- " '/ ~./ ",J/ f-" - &0~/7/ /,'".,7:./ !?-;7/. C/ --1''.-,,') I'i.-- lr NOTICE OF puaLlc HEARING ON THE WITHO....WAL OF CERT"'NRU.L PROP.RTY 'PR_ ~"CKlOIl COUNTY 'P'R. DISTRICT NO... "NDON f TNE QUaSTION OF -TN5 . ANNIEXAT.ON OF SAIO.EAL . r PROPERTY TO THE C,TY OF . ASN.....ND. -- - - Ii . fOOTlCE tS HERE8VGIVEN _.. PublIC._.... _ I wlttll,r.w.'-'Of, -c...t.in....,.... f"'-'Y Irom .l._:.Cllunty Fire OiItrJct Ho.'"5i.farmerly'1he ' T....t.. tlur-' '':F.... ilftrGtectlon .DIstrIct).nd .ltO_Ihe.q~iDn . .. _.nnoxotlan All~_me ~I..""""'~. '... ~.~.... __ wIH'''_~_ m. at7_ rclaclt?.M.__ 11Ih'1-<<lUrO ""~ Senlorc High. _' .Ashland; AlI,.persons..... tnvlNd 10 ...._...Is. f1.orlnll'end :be I Mont.... .he ._Ian_ - t;'-prOpOIed _wtthdrewal........... , ""'8tlon. '"'The -"real."prDperty .,_.mentloned iO ,""lIate.l'ln ,""cu.l .county,.'O_~ ~ mare'.pllrtlcularly ':described-.. - r~_~~~ ~..~::~~#~r-~~oi:;- ~ !"The'Narth h.lt 01 iDt.)D/~ect"'" Pl;T_pJ39 _.....'1 .~E.st, ~1H.m'tte.c4-MerJOI.n. !..I8_r_.......~_= i" ,,,.L;.~..:;("!II"..,...':.,,'-..":e;:,..\~ ~ ~. Al.so:"-aIl1b.t'~laridfl:Ot:9.- ~:sectIDn':;'1'.:TDWftIhtp";;SouIb. .. r Ranee<i;3~.t:~_IU.m"",o ....Meridl.ri;!::J.c'kson_...:Otuntv. i rrOngaiC"tylng'lScliilhet'lY....-l .,--,--, i~1d Ial.~:'~..,.'!t~ ", :~CEPTINGTHEREFRDM"" i '~followlng:~'eglnnlng~t :tile j Nortb__t .: comer. _of ;.tm - ,. :;sadlon '1, 'Township 39 _. .Range .' _:East. Wmamet1e :Merldlan.. Jackson- County, .' Oregon:"lhence South. along 'the ;,west'Une of-said 1ot,_330.0 teet; thence North 66 degrets '00" East, I . 262.30 teet, -to the center of 'the i . County Roed; thence along.pld I . road line. North 7/ l:Iegrees U'" West. 136.0 feet: thence North..1 ! degrees .a' West. 107.0' feet i thenc:e North 51 degreesl.. Wesl. . 36-U feet. to the North "'lne-~'Of " . said lOt: thence West, ,along said I--Nortb line. 79.G4 fee't.to tbe'point ; of .beglnning. .. ,_ . __'. .N.n .E. _Franklin.. City , 'Recorder 'Publlsh:Aug. 21.1978. Aug. 28. 1 1971 i AFFIDA Vir OF PUBUCA nON STATE OF OREGON. } IS. County of Jackson. I. ... ~9r.:i,.~. .'l'hQ~~p.n.....,. being first duly sworn. depose and say that 1 am the printer of the ASHLAND TIDINGS. a dally newspaper of general drewation, pinted and published in Ashland, in the aforesaid county and state; that such newspaper is made up of at least four pages of five columns of at least 17%inches in depth, or if smaller pages. then comprising an equivalent amount of type matter; that said newspaper was regularly and uninterruptedly published for at least one year Immediately proceeding the fIrSt publication of the attachad notice, and has more than 200 bona fied subscribers within the county in which it is published; that the notice of which the one hereto attached is a true and correct copy. viz; I was published in the regular and entire issue of said newspaper once " week for .. .. .1< WoQ .. "1iccess!ve and consecutive weeks. cOjlUllencing with the issue dated the ..... 15.1<. day of ..August..... 19.7~.. and ending with the Issue dated .... a.tb. day of . A ugus.t . . .. . . . . . .. .... 197$...., That the price actually charged for this notice was $. 21. 3.3 . . . . . . . . . . .. That a reduction of $.... c',' .-.~-:.... from the legal rate was made for charitable purposes. ~~B~~'':-:': -~ " Subscribed and sworn to before me. ~,':::~~~ ~.f~::.: .:: :~ ~'. ~~:~ Notary Public for Or,!\g,!n. (My commission expires . . . J.;:: -:-.~~-: . . (;.. . . . . .) / AI'I'l.ltM IIJ~ A.\II C:l!";:I,:;J 'Ill A;,.\I nllO'; ~, - .- --.-..-----------..--- ----..---------------------. --....-------.- --.. ---- -- ---... Fa!' the 1'1I!'l'o;;(' of al'l'lyilll: to the Ci ty of Ash Ialltl to have Ol'r Jalld ,1I11l\'Xt'tl to thnt City, h'e !'cl'l'est'lIt that I'e arc' thl' le):"l OI'lIers of record, or the cont:r'acl I'urrh"",er$ pursuant to " recortled cOlltract, of the fOllot,;illj;-descl'ibed lalltl located ill Jacbon Coullt)', Oregon: " IV ,~ See attached Exhibits "A", "A-I'i "tt;:" ~ "~ 1 fI I , I\'e hereby request and consent to the annexation of the abo\'e-descl'ibed lnnd to the City of Ashlnnd; and, in exchange for the scheduling of a public hearing and in consideration of this request by the City of ..\Shlalltl, "e "p't'e th"t this consent to nnnexntiol1 shall he non-revokable for a period of three (3) years from its dnte. We further agree to pay one cent (In for eadl square foot of land sought to be annexed to the City of Ashland as a fair and just contribucion to:,'ard the cost of existing municipal iJ'lprovc;"ents and utilities that may benefit the land; said payncnt to be Clade to the City of Ashland at the time the land is annexed, or \,;hen either \';ater or'se:';('r services are furnishct) to the land at our request, ,{hiche\'er occurs first. At the time the land described herein is annexed to the City of Ashland, \';e agree to pay to the City of Ashland an aloount sufficient to ena1:.1e it to ,;itlidr;:>.', this land fro", all public service districts as defined by ORS 222.510 ;:>.nd to :,;hich it 83)' belo:1g so that this shal) be at no present or future expense to the Ci ty of Ash land. I';i th respect to e;:>.ch such public service district that, at the tir.:e of annexation, has outstanding li~hilitics or i ndebtednes s, ICe shall pay to the Ci t)' 0 f Ash land an a:::Junt equa I to the preceedi ng yea r' s assessment for such indebtedn~ss lIIultiplied by the nun!:>er of years rel1ailling on such indsbtctl- ness. / / /' DE5CRIP'fIC,., ~IIEET --.;......_"'-~..- _ .O';'~,..<Qoo."'" =- Se. pag_ 1 for vel-fino ol,d ttncvmbronto., if ony. Doscriptlon of thl hoc' or land which I. rho lubi~c' of ,hi. r.pOf't: The North hillf of I,ot 10, Section 11, Township 39 South, Han')e 1 Enst, Willamctte Meridiiln, Jilckson County, Oregon. !lISO: !Ill that portion of Lot 9, SecLion J 1, Township 19 Sonth, 1"1n<.1(' lE-';;-st, Wil1ilmctte ~Icri.dian, J,lckBon Count',', Ore(Jon, lyinrJ Souther.ly of the County Road, running through Baid lot. EXCl.:P'i'IlJG 'l'llE REF ROI.1 t1H' [ol]o\'lin'!: n""innj IH] ill: the lJol~II]\.!('st. corner of [,ot 9, Section 1], Township 3'1 South, nan,!" 1 J'~ast, \'li.llillllct.U.' j.kridian, Jackson CounLy, O1'e<.1ol1; t.hence South, along tile! vl.-,~;t lilw of said lot, 330.0 feet; thence NOI~th GGo 00' J:ast., 2(;2.30 fr", I:, to thr' center of the County JWnd; t11<~nc() along r'a i t.l rO,l<1 1. i 11<__, IJo I~ 1:11 7. 7 0 7. 4 ' \'IC:3t, 136,0 feet; thence North ,11" 43' \'I,'sl', 107.0 [('c,t; tl1,'ncl' ,!<)l"th 510 14' \'lcst, 36.24 feci:, t.o the North line of Suic1 lot.; th0l1Ce \'Jesl:, along said Nor.th line, 79.04 feet, to the point of beginnil1l). O,do< Ne. l,XllIl11T "^" TO I'I,TITTON I'{)I~ I<EZONfNC; AND ANNEXATION // /:.'> " '. -/...:,..,..".....'.:., \ - :' !.;(" ", i "'. " . \ I ',' I \. I', l~ I I \ ..'L J " , ~ . ' l.. '. 't (', I ,) \ I , \ \ , , \ -., \\ ',.. , \ \. \ , ; \ " .;: ::'., ~'T' !'.!, "1 \' ii';: .'.'. i ,'; '; r ,,"- 11) 11i;;'.';r.j",\:; ., !~(:l\ V:'.::l.,\; i I: "',\ ; , , ~. n t \ .. '1l \ 0\ ." . '0 \ \. ". . . ,; . : . . '. ~ Ci~ C()~q:l" ." , ......, . .', \ C;.;,',: :.: ~ -; i! !.. '. G,)V t,," <) "1 , , \ , ~~ '/ -'; " 11 , 'I /I ,,;.' ", ;,'" \ ..... / l. ~ . ' " ';;-. " \ ' I." f' I .,~' '1 I J ..,'C' ,( .--' ,,---:':"r\\fH\ '-" --,-----. /./ -' '-\ \G .' ._____- L--- -,.' \ ..." -- / /'- , 1,- "l" r ". 'IL!/) . , .' ' ~ , ,-" _..,,";...,l .... . ,J I "I :~ ~~\\ \'1 \\\ '" \ :,,', \ \ \ ..\ ' . ',\ , , ,.,,~\., '\ ','. \ \ ' \ ''', '" , \ - :-\. ','.. ._~.~\. \\ \ 'I,"',", .:.'.\\\\ J',. t' ..'; "I, ." I:" ,",...;, /~ :;'J~ .~~;"'~..~ ~~.~..\..c t' ,'" I... .' Ii' ( , 1)"1 \ "1 '\.I ,D~ \ :vl~': "', ":\ \\\\ -............../ I - '. '<"'" -- \\. ...... """'. '\ ;j,"-.. "'. ". . "-..'" '-..... "~ '''-.. -......:.. "-..,'1 '- . It.,! ___I I'i I I , , I' . , ..~, \. \ t . ,,',\ " , I, () ) , c. '1 J.JO' BOO '~'"'J ~ 1~' ,', , ~ ~, ~ ~ " ,.\' :+ t~ " ,~J f' I' / ~ 1 I EXI!1 BIT "A-I" TO PETITION FOR REZONING " .. ,. . . "~I , I, t ".,-.("'.. '-','. '13~, , I , . " .'. . .". - ,~ ',' "",,- ."': -.-" ., ~ ~'. -~ r' ," -DONNA. P. WOOLLEY ,_ D..RAUl,_ ORE, 974.311.: ' ..".,., .~ :."",,-. "'''''''''':--'''''-'' 3499 - . >~' ..._.""<~,,,-- -'" ..~-' . ,-' , " B!AY'- TO THE - ORDER OF. .....'.~ . -'-", -'. "~', .- :~:,-,>~.: ...... J' Oct;"::30, ,-i97~ ~~;44 $4,137.62 City of ,Ashland ""~' . , " -. , -"REG/STERCD ~I I 37- ,'~2 " , " , 4 8P62036...,' , 'DOLS 10 CTS ,:,,:,-.'" "', - " DOLLARS .,"'-- ,.', " ,,",.. FOR DRAIN ....NCH. P. 0. ~x . .UNITIlDB'DO'IIB NJlmDNALBANK OF Q"."ON PltAIN .7.Q& ~?L /,/L/ ~.;:;;J.- " ,". -cV.-,,~~}d~4y II'OO:l"'P:jIl'"'I:~BOOOi!i!OI: 0.... 000.. 7(;00' ~.~ - ~ t!~ /~-;:<~?O . DONNA. P. WOOLLEY DRAlN. ORE. 974311 3498 E!AY TO THE ORDER OF. Oct. 30, 1978 24-22U - 123O'I't City of Alshle.nd R~GJil~~~~2 8 DOLS 7 I CTS, $ 28.71 DOLLARS FOR IMA... BRANCH. P. O. BOX II _UNITED B'IlI!mIB NATlDNAL BANK OF OReGaN DIIl"IN .74U d-??'7U4.--7T c;z... 11'00 :l.. !:jail' "'I: ~ BODO i! i!Ol: 0.... @~- ~ GZ? --.:X ,,/4/ 000.. 7(;011' w)d.~r- ~ ~#3- - & ~ ~/-<J?CJ(OZ71 ~, fr d-- "". CITY OF ASItLAND, OIlEGON TREASURER"S RECEIPT Received from .~a..-. . ':/?. .M . ~ ?'.5 FOR- ~~:tQ~ f~ ' ;er-~) . . . . . . . . . . . . . . . . . Date /I-:.;J. -:.7.,f. . . . . . . Principal Interest TOTAL ", i /37- <f... Revenue Account Check . ':":'.~~?7.. . . Cash................ Change. . . . . . .. . . . .. . /0 - C1iP '?tJ Listed. .. . . . . . . . . . . . . Posted .............. CI;'Y OF ASHLAND. OREGON By. '~'~I~~'~~~~~~~'E'~~' ~~~~;~~....... CITY OF ASHLAND, OIlEGON TREASURER'S RECEIPT 76078 Received from ~{(-.tr."f.:..~ .at..... . ................. Date ./i.-:<2.--:.?<f:...... r.a. FOR- p)~~~ .~.~~ Yt/.,.,d .:#'-.0- Principal Interest TOTAL Revenue Account t:://- 97t:?~~'71 Check . ~~ . .7'. k.. Cash ................ Change .............. 0lP- '7/ Listed. . . . . . . . . . . . . . . Posted .............. CITY OF ASHLAND. OREGON By . "l- '~,~~' ~~~~~~~.E.~ ~. ~~~~;~~ . . . . . . . '-t~.~ ANNEXATION Ar;REHIJ,NT THIS AGREEMENT, made and entered into this __~_~~ct __ day of ~_~__, 1918, by and between the CITY Of' ASIILAND, a ~1unicipal Corporat ion, hereinafter called "CITY", and DONNA P. WCXlLLEY, hereinafter called "WOOLLEY": IV I T N Ii S SliT II: RECITALS: 1. Woolley is the owner of real pronerty located in Jackson County, Oregon, and which is adjacent to the City of Ashland, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. 2. Woolley wishes to develop the land for a parking area and tennis courts for a motel-restaurant convention complex and in order to do so, it is her desire to have the land annexed to the City of Ashland so that it may be afforded City Services, including, but not limited to, sewer, water and electricity; NOW, TIIEREFORE, In consideration of the foregoing Recitals, and of the mutu:JJ covenants ,-ontalned herein, it is "greed by and between the rartles hereto as fol lows: THINGS TO BE [JON!, BY WOOLLEY: 1. She agrees to pay the City of Ashland, the sum of one CHl cent per square foot f(n the land descrihed in the foregoing Recitals, and that this totals $_4_,1-.:)_":6~ and that this sum shall be paid in ful 1 in cash to the City upon Agreement -l- the execution of this Agreement and is in payment to the City for the cost of City utility facilities that have been paid for by the taxpayers of the City of Ashland and which shall benefit the above described land. 2. To develop the above described land as a parking area and tennis courts for a motel-restaurant convention complex in accord with all existing state and city laws, and when the two may be in conflict, then in accord with the more restrictive law. 3. The land described above shall be maintained in accord with the foregoing requirements and all provisions of this Agreement and in accord with the laws of the State of Oregon and the City of Ashland so long as the adjacent land owned by Woolley is used as a motel- restaurant conventi.on complex. 4. Upon execution of this Agreement, Woolley shall pay to the City of Ashland the sum necessary to compensate the City for assuming the land's indebtedness for bonded obligations issued by the Jackson County Fire District No.5. Such sum is . h f · 28.71 In t e amount o. ~ THINGS TO BE DONE BY THE CITY: 1. To furnish City utilities services, including water, sewer, and electricity to the land described above if said land is annexed to the City and then within a reasonable time Agreement -2- ., thereafter and from the request for such services being made by Woolley. GENERAL TER/IS: 1. All determinations or approvals which by the terms hereof are required to be made by the City of Ashland's agents or commissioners, shall be made with reference to the standards set forth in the Ashland nuilding Code or the conditional use permit issued by the Planning Commission, laws of the State of Oregon, or the City or Ashland, and the terms of this agreement. 2. That portion of the annexed land lying northerly of the most southerly 300 I the reo r sha II not be used for any purposes other than those set forth in Chapter 18.20.020 of the Ashland City Code without approval by the City Coun~il. IN WITNESS WHEJ,EOF, the part ies have hereunto set thei r hands and seals the date first mentioned above. ---~~~. !lonna P. Woolley B AS;:II'~N~n, hy <lnd through ..~, ~. VricYcH,-Tfayor-- 1\)'~.fWI~n~~~:()r,rC.I:----- Agreement -3- I STATE 01' OREGON ) ) ss. ) County of Jackson On this AA15 day of 12~ _n.~__' 1978, be fore me appeared GARY L. PRICKETT and NAN FRANKLIN, both to me personally known who being duly sworn did say that he, the said GARY L. PRICKE1~, is the Mayor, and she, the said NAN FRANKLIN, is the City Recorder of the City of Ashland, the within named Municipal Corporation, and the said (;ARY L. PRICKETT and NAN FRANKLIN each acknowledged to me that the said Agreement was the free act of said City. Z21~_~4~ N~~Tic for Oregon My commission expi res :~::_2:-:.fL_ STATE OF OREGON County of Jackson ) ) s s . ) BE IT REMDIBERED that on th is .,iO."!!____ day 0 r (f1~f&.)_________, 1978, before me the undersigneel, a Not"ry Puhl ic in 'lI1el for the said County and State, personally appeared the within named DONNA P. WOOLLEY, who is known to me to he the identical individual who executed the within instrument, having acknowledged to me that she executed the same freely and voluntarily. IN WITNESS WIIElWOF, I have hereunto set my hand and officiil seal the day and year last above written. .:ltj~__1n~__vL.Jb~u__ NoLI ry Pub Ii c fo f (lre!~on My commission expires: Agreement -4- My COMMISSION EXPIRES NOVSMBER 2.1980 I l if>'. > it'...,\<, :'_~1r~'~'''C'lPtl'cn olth. Iro~t of land whir:h 10 rl1C~ luLjHI (lr ,hi, '~pOlt: ~~""ha llorl:h h;llf of T,ol: 111, ~;','c:I';(>11 11, 'I'm."I1:;IJip ;1;>~' \'lillamct.te Ht~ridial1, dilCkson CounLy, UL(~(.lOll. (lr.~,f)ill' I If ',III f /~.:.:. " " ~ . t '.~;" , J 5(1" ~'OOIll 1 fur "...,lIno ""d 'If\Cur,,h'<lrH.n., if on). " 3') ; ;011 t- h, \(,ll!!Jf' 1. I';., ~.;, , , ':'I1\lnl~;il i I' '3') :;lllllh, \'.lllf!U Uf"{'l/l'lll, .I Vi 11'1 ~,;()11111t'1' J Y "^L,~;O: ^ll Uli'll:. [JOJ:litlll "r I,o\. fl, !;"c:lif'" 11 t rE',i,;!:., Wi, ll,111lf'L I', fl.'r i d; <111, ,1;11'1::;' '11 C( "1I1! '" , o,E the COlll1Ly J{u.,d, 1:'1111111.11<) L"I:l1IH.I" :;;lid I,>!' '.~ l'~ '. ',:_,' ,~~i' '~t- ,\,~ :. t;' I'" ti~,':1 , ~,.,', - ,~.~, :. j:',~,' ,I ~, " " ,,' ( '-i),: _1>'1-" '-. :':"'l'~ 1'" ,,.1" ' "iII;;i~' ,~~-':~, -')1-"';' ~:4':i;'~i4" . J~~I,..- '~t"'.,~~", -"':-',,', ',''1,\,".. , ,".<i ",oJ'> ,\, .!\~!i,~... ~'~'" t,:(/, )(.', ">""~', ,\l . ~I ' '. "; , O,d., "Ie, ~'ir ~i,I.,:'::J ~-,. '<t.\'" " , .,_~~,:t.. ~i. . EXHIBIT "A" TO ANNEXATION AGREEMENT '!'Ir' - - " 'or -... ...-.... ',--,.. .'. - ,.-.. .. . .' ~. RONALD L. SALTER ATTORNEY AT L.AW PATRICIA CRAIN ASSOCIATE 70 NORTH PIONEER STREET P. O. BOX 727 AREA CODE 503 TELEPHONE 482-4215 ASHLAND, CREGON 97520 September 27, 1978 Mr. Brian Almquist City Administrator City Hall Ashland, Oregon 97520 Dear Brian: Re: Ashland Hills Inc. Our File A-3 You have asked that I prepare a cover sheet: so that the Council can adopt the Findings of Fact adopted by the Planning Commission. Enclosed is such cover sheet and it needs to have the numbers of the various proposals f~ in along with the date that the Findings of Fa/~ted by the ,Planning Commission. noL I have not7u asked to nor have I reviewed the Findings. ~. Very truly yours, . 1?eL~ City Attorney RLS/rw Ene: 1 cc: Richard Cottle - ~- ~Jv-J 1 ~~ ~ ~./2~~ ~OJ ~ (/'-- J:rt r (l~ ~ ~> ~ p,t~ If- / 7' ,Ie , ' ,~' (( r <..-'" / .. '- I ' ;L/-/:J. 7' BEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON In the Matter of the Application 223 ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT of ASHLAND HILLS INC, INC. FOR: " - <,.... ANNEXATION NO. ZONE CHANGE NO. CONDITIONAL ,USE 78-1 53 PERMIT NO. . The Findings of Fact adopted by the Planning Commission of the City of Ashland in the above matter dated August 3 1978 are hereby adopted as the Findings of Fact of the City Council of the City of Ashland. Dated this 29 day of Septe 1978. HAYOR ATTEST: i]d4V C Z.uJL,:- ITY' RECORDER . -Ii ~, '. I FINDINGS AND ORDERS OF THE ASHLAND PLANNING COMMISSION FOR THE MEETING OF July 12, 1978 With the adoption of these Findings of Fact and Conclusions as presented, the action taken on each appl ication herein is so ordered as of the date of signature. " " DONE and DATED this-3~ day of )..7~tL~r , 1978 y/~~~ Chairman .. ~," II' ANNEXATION #78-1, ZONE CHANGE # 53, and CONDITIONAL USE PERMIT #223 ASHLAND HILLS INN, INC., 1-5 and HIGHWAY 66 APPLlCANT"S STATEMENTS: see attached STAFF INPUT: I. Basic Facts. The applicant ,Intends to construct a commercial parking lot and tennis courts accessory to a motel use adequate to accommodate some 290 additional vehicles.' On Aprl I 20, 1978, the Ashland Planning Commission approved a conditional use permit to allow a ballroom/banquet hall addition to Ashland Hills Inn, subject to approval of a plan for parking. Two alternatives \~ere pre:;ented: the firs-t utilized land already annexed to the City ltax lot 400, the northern portion of which Is shaped like the blade of a scythe, and slopes sharply downward to East Main Street); the second alternative involves properties which are currently zoned County RR-5, but are relatively flat (tax lots 300, 500, and 600). The proposal now before the Commission represents the second a)ternative. Since the propertl~s In question are within the urban growth boundary and designated Suburban Residential in the Comprehens' ~e Plan, annexation, a zone change to single-family residential, and a c'ondit::>nal use permit allowing a commercial parking lot in an R-I zone are necessary to permit the proposed parking lot extension. As Indicated in the applicant's findings, these prop- erties are bordered on the south by commercial uses and are immediately adja- cent to the Ashland Hi lis Inn now under construction. The nearest residential use not owned by the applicant is several hundred feet away from the proposed parking lot. ' 2. Comments Pertinent to Planninq Commission Decision. Annexation: I. 'The land proposed to be annexed would be used for parking for the moiel- t:onventlon complex. It ('ould ultimately be used for subdIvisio~-densit:. resi- Jentlal development, or, with a Compo Plan amendment, an expansion of t,<, 161- room facility. ' ' 2. There is not believed to be any sp~cific'adverse impact on pub! ic se:vices sewer water. street pol ice and fire services are adequate~ and there WI II be , ~ ~ ~ . I h no Impact on schools directly attributable to the immediate proposa , thoug later housing development may have such impact. 3. The area is within the proposed Urban Growth Boundary and designated ont~ Compo Plan as Suburban Residential (up to 7 units per acreL Inclusion within the boundary indicates a policy decision by the City that the land is needed I urbanization by the year 2000. 4. Inclusion withIn the UGB mitigates much of the potential problem associatE w(th annexation and Goals 3,6,11,13 and 14, and the Compo Plan sections con- cerned with Air Resources, Growth, Publ ic Seryices, and Transportation. However, it must be noted that the impacts will vary drastically with the use of the land (parking lot, residences, or motel). It is the staff's opinion that there are potential significant impacts related to traffic, use of City recreational faci Ilties, and more important, the overall growth stimulant eff. of either residential or motel uses. Such impacts need not be pre-judged as negative, especially given UGB inclusion. They should, however, be evaluated carefully and specifically In light of the exa~t ultimate proposed use of the t .........1 .. . ANNEXATION #75-I,ZC #53, CUP /1223 Pa ge 2 Zone Chanqe: I. The property is designated S~burban Residential and the use conforms with the Comprehensive Plan text inasmuch as touris~-oriented uses are strongly encouraged in that document. 2. The public need question, although exhaustively developedby the~applican-;- Is not strictly-speaking relevant, because recent case law has indicated thaT public need may be assumed for uses that are not permitted outright in any zone, but are allowed conditionally in one or more zones (in this case motels are not allowed in any zone as of right, but'are allowed conditionally in a C-I zone). Since the parking lot is essential to the functioning of the motel and is accessory to it, there is no specific burden on the applicant to demon- strate publ ic need. 3. The appl icant has adequately shown that no other land is practically avai I able to accommodate a parking lot of this size. Again, the topography of ~"'e land noted in the first parking alternative would make parking lot constructic expensive and unattractive. The fact that the property adjoins the motel devE opment strengthens the case for its development as an accessory parking lot. 4. There would appear to be no discernable impact on adjoining propertyowners as demonstrated by the applicant's findings. Conditional Use Permit: Staff feels that the appl icant's findings adequately address the conditional use critaria, a follow the intent of the section allowing commercial parking lots in R-I zones. Private ree reational tennis courts are conditional uses in R-I zones; in this case there would appeer t be no adverse affects resull ing from court installation, with the possible exception of I ighting in the airport are-. Finally, staff has two concerns'related to this proposal: I) First, 656 pari spaces have been indicated on the site plans presented by the appl icant. Sorr.! 579 spaces are required. As discussed at previ.ous meetings,Section 18.52.031 of the Parking Ordinance allOl"s a 15% reduction in the requi red number of spa' where parking needs for various uses overlap. The 656 spaces seems to be an unnecessary and unjustified use of the land at this point in ti~e. 2) Secon staff is concerned that the existence of an over-abundance of parking spaces would add to the momentum of ,any further commercial ization of the residential designated area. If motel expansion should occ.ur later .$:>11, a chanqe in both Comprehensive PIc desl~nation and zonina would be necessary; rarking should not .be provided in anticipation of posslbil ity. . RELEVANT C:)'.~'~~.TS FRO'" THE P,I!?L1C HEARING: !: ,Mr. Cottl~ stated his observation that other simi lar parking lots in Ashland dl~ not have shade trees as suggested in the staff report, deciduous or 07herise. '2. Mr. Cottle requested that Ashland Hi I Is 'be al lowed to instal I the number of parking spaces al lowed by the ordinance, rather than the number arrived at with the 15% reduction. .' . . , ANN~n '78-1, ZC .'53, CUP #223 ~~3 CONCLUSION OF THE PLANNING COMMISSION: The Planning Commission concluded that the basic and ultimate facts presented above were adequate to support the burden of proof required for approval of Annexation #78-1, Zone Change #53, and Conditional Use Permit #223 in accordance with Ashland's Comprehensive Plan and appropriate ordinances (Chapters 18.68, 18.56 .and 18.52 of the Ashland Municipal Codel. CONDITIONS IMPOSED: I. That only such parking as is required to accommodate the motel use be provided, and then only on the southernmost portions of the proper.ties in ques- tion. . 2. That a landscape plan for parking be approved by the Planning Department in as- sociation with the over-a I I landscape plan for the motel project, as part of Site Review #56. '. '.' ,.. lies adjacent to Tax Lot 400, presently within the City Limits and zoned C-l, and owned by the Applicant, and also lIes adjacent on that boundary to Tax Lots 500 and 600 which are not within the City Limits, are presently zoned RR-S and are within the proposed Urban Growth Boundary of Ashland. The ~entire ar~a other than Tax Lot 800 is designated on the Ashland Proposed Comprehensive Plan as Medium Density Resident~al. Tax Lot 300 requires annexation into the City of Ashland, a zone designation of Single Family Residential (R-l), and a Conditional Use. Permit under Section l8.20(G) of the Ashland Zoning Ordinance to allow a parking lot to' .be used in conjunction with the. motel - restaurant - convention complex. The Conditional Use Permit would affect only the most southerly 300 feet of Lot 300. It is ant.icipated that from the e\';.dence to b~~ produced through investigation by the Planning ~~aff and Application's presentation at the necessary public h~arings, the following Findings of.Fact will be supported: PROPOSED FINDINGS OF FACT t. General ans, with Comprehensive 1. This property is located in a transitional area of freeway commercial establishments -and medium density resi- . dential development. It contains appr'oximately 80 acres, and has 580 feet of frontage on East Main Street, a public highway. The other immediately adjacent properties are . I . )" .f 't _., I' BEFORE THE PLANNING.CO~~IISSION OF THE CITY OF ASHLAND; OREGON In the Hatter of.the Application ) ) of ) PROPOSED FINDINGS OF ) FACT, RECOM~IENDATIONS ASHLAND HILLS INN, INC. ) TO CITY COUNCIL ") FOR: ) ) ANNEXATION NO. 78-1 ) ZONE CHANGE NO. 53 ) CONDITIONAL USE PEf~1IT NO. 223 ) the City, zoned C-l and being used as a motel - restaurant - convention complex. Tax Lot 800 is under the ownership or possession of the Applicant herein. The Easterly boundary ~ ,. , ,., mentioned in the preceding part of this memorandum,.and by this reference are incorporated herein and made a part hereof as though specifically set forth. Immediately across Highway 66 is a Country Kitchen Restaurant with adjacent parking area, and a Standard Oil Service Station. Immediately South.of the Standard Station is a produce warehouse for a trucking firm, and immediately West is a motel. Across Highway 66,. on the same side as the Applicant's property, and adjacent to the motel-convention complex is a Texaco Service Station. " Southerly from the property, Highway 66 is intersected by a public highway commonly known as East Main Street. Near the Intersection of those public highways are located two commercial enterprises, both dealing in heavy equipment. Also, located immediately behind those commerc~al uses is the Ashland Airport. In the immediate area of that intersection is the Oak Knoll Gol: Course, a public owned 9-hole course, surroun(:.J by a highly developed residential area. 2. Citizen Involvement. and Land Use Plannin~~.. The present Ashland Comprehensive Plan has received extensive attention, not only by the City Council and Planning Commissions, but through numerous public hearings, specifically for indi- .. vidual neighborhoods as well as for the entire general Plan. As a result, a newComprehensive Plan, coordinated with the proposed adoption of an Urban Growth Boundary agreed to by. the Jackson County Commissioners is anticipated to be adopted by the City of Ashland in the immediate future. The proposed .:, ;,' '. rezoning being sought here is incompliance ,,,i th the present and proposed Comprehensive Plan, which designated the site as Medium Density Residential. It is further anticipated that this Application will be reviewed by a citizens involvement .committee prior to the first public hearing before the Planning Commission. 3. Agricultural Lands. The subject property has been used as pasture land, but not cultivated. It has not been zoned Exclusive Farm under the Cou~ty Zoning Ordinance, and is within the proposed Ashland Urban Growth Boundary and is proposed to allow up to seven residential units per acre under the designation of Medium Density Residential area. The size and location is such as not to be appropriate, necessary. nor a contributing factor for thi continuation of existing commercial agricultural e~terprise within the area. 4. Forest Lands. The subject ~roperty has no existing forest nor any potential for commercial forest uses. Its location in such a heavily trafficed and populated area makes it not feasible for a wildlife or fisheries habitat. The landscaping generally att~ndant with a commercial parking lot and any of the uses anticipated to be allowed under Medium Density Residential and Residential Single Family designations under the Zoning.Ordinance will better serve vegetative needs than attempted forestry planting. The area is so remote from any forest lands as to have no . " u ;' . detrimental affect on them. S. Open Spaces, Scenic and Historic Areas and Natural Resources. This property has been used as a rural residential site. It is not and has not been a "cultural area", a "hi.st.oric area", a "natural area", nor "open space", "scenic" or "Wilderness" area as defined by the LCDC Goals. The require- ments of Ashland's Site Review Ordinance will insure "Open space" and landscaping items sufficient to comp ly ld th what little application, if any, that LCDC Goals Number 5 may have to this area. 6. Air, Water and Land Resources Quality. The prevailing ldnds in the general area of Ashland blow from the Medford area in a southerly direction. The subject area is on a hill ~nd is usually subjected to a wind current which tends t', keep the air rising in ,. circulating manner, rather than ha:.ging still or stagnant. The use intended will be, for parking of automobiles for 'lengths of time most normally more than thirty minutes, since it will be primarily used for tourist visitors of the convention center. No considerable amount of "idling" of motors is anticipated, and fuel emissions will be no greater than what may be anticipated from general traffic already in the area. The concerns of LCDC Goal No.6 as to "solid waste", "thermal" or "water pollutant" are not applicable to the intended use. 7. Areas Subject to Natural Disaster and Hazards. This area has not experi~nced any natural disasters, " .. . nor are there any known hazards as contemplated by LCDC Goal No.7, so it is not applicable to this site. Its elevation and geographic location precludes stream,.ocean or ground water flooding, and land slides and earthquakes are not events having been experienced in the area. The foundation of the soil is compatible with use as a parking lot, without endangering any adjacent lands or the public. 8. Recreational Needs. The site will accommodate visitors' from other parts of the state. The convention facility adjacent thereto will serve as a focal point and base of operation for visitors to enjoy the natural recreational areas in this area of Southern Oregon. Such include Lake of the Woods, Emigrant Lake and Rogue River for boating, fishing and water skiing; Crater Lake for. general scenic attraction; Nt. Ashland Ski. Resort, Oak Knoll Golf Course, and the entire area for hunti .g, hiking, horseback rLing and rock hunting. 9. Economy of the State. Ashland has an economic base oriented to recreational, educational and cultutal aspects of life, with a marked limitation of indus trial or agricultural elements. Southern Oregon State College and the Oregon Shakespearian Festival are attractions to people throughout the State. The city has recognized a public need 'to develop tourist oriented commercial facilities. The convention complex which will receive direct benefits from this parking lot.and in turn will greatly expand the economic .base of Ashland, not only through the tourism, but the increasing of employment in a labor market which has few " . other such employment possibilities, such as for the younger and non-skilled workers in the area. This will be ot direct benefit not only to Ashland, but also to the region. and the entire State of Oregon. It will further the objectives of LCDC Goal No.9. 10. Housing. Ashland's designation of this area has "contemplated that it will be a medium density residential area. A zoning of R-l will allow a density of up to seven . ' residential units per" acre to be located thereon, and the .. . use of the Southerly portion will still leave a sufficient portion available for such possible use, with access from East Main Street. The combined result will encourage the tourism needed for the area in harmony with the provisions of future housing, complying wit~ LCDC Goal No. 10, as well as others such as Goals 8 and 9. 11. Publcc Facilities and Services. LCDC Goal No. 11 is applicable only insofar as the element of "urban facilities and services" are concerned, as defined therein. Police and fire protection are to be afforded and storm drainage facilities are available on the property owned and/ or under control of the Applicant which are connected to the City's lines on East Main Street. The property will be served by the City of Ashland public utili ties for po,.er. Such features are incompliance with the applicable portions of that Goal. 12. Transportation. The proposed parking lot will, by . ,.' .r' ,f . providing parking for tourists, as well as local customers of the convention center, facilitate the flow of goods and services so as to strengthen the local and regional compre- . hensive plans, all of which designate this as being used in conjunction with a highway commercial area. Its proximity to existing transportation facilities such as the airport, state and federal highways, both interstate and intra-city bus lines, compliment the transportation net work already in existence. 13. Energy Conservation. The location of this property, being adjacent to high capacity transportation corridors achieves a greater energy efficiency than '~ere it to be located several miles from the main interchange on 1-5 to the City of Ashland. Its location makes ita center of satellite attractions, many of which will be one or more of the primary rea~ons, for coming to the ~unvention center. The decrease in need for unnecessarily ~ong trips' to and from the site and the attractions will. directly reduce the use of gasoline, for example. 14. Urbanization. The site is presently adjacent to the limits of the City of Ashland. The properties immediately surrounding it are to be included in the Ashland Urban Gr01~th '. Boundary. It is not adj acent to commercially farmed properties, but is in an urban-rural area. The intended use does con- tribute to an orderly and efficient transition from rural to urban land use. IS. LCDC Goals Nos. IS, 16, 17, 18 and 19 are not , ., ", applicable due to obvious geographical reasons. II. Public Need. The intended use of this site as a parking lot,will be related to the convention complex adjacent to it, designed for the attraction of tourists and for meeting places for local groups, business and social gatherings. The total spaces to be utilized will be approximately ____, dependent upon the landscaping and final site review design. Historically, the major tourist attraction in Ashland has been the Oregon Shakespearean Festival. In 1976, the total attendance to the Shakespearean-oreiented activities was 221,296. Testimony from that Association will indicate their activities for the 1977 year were expanded to a total attendanci of 232,453, and the projections for 1978 are 240,000. Southern Oregon State College has increased its enroi1ment frel' 3,730 in 1967 to 4,510 in 1975, and a present 1977-78 Winter enrollment of approximately 4,300. It is reasonable to assume visiting parents. and friends will continue to use overnight accommodations in Ashland. Further- more, the college has been the sponsor of different academic- oriented groups, attracting overnigh: visitors for those purposes. Ashland is also. exposed to potential overnight visitors who are travelers on Interstate Highway 5, being the first city.in the state for Northbound traffic:. Over~ night accommodations to meet this public need have not kept pace with the demand which has been and will continue to increase. This disparity betwe~n the ability to meet .. _0_ " the need for tourist accommodations is evidenced by complaints received by such organizations as the Oregon Shakespearean Festival to the effect that all the local accommodations are occupied during their Summer Season, with the result that the cities of Nedford and Grants Pass, Oregon and Yreka, . California, as well as the other cities in the area, are receiving patronage of their tourist-oriented facilities as a direct result of Ashland's inability to meet that need: Such a lack of facilities has even been recently noted in .a nationally recognized publication, the March, 1977 issue .of Sunset Magazine. In addition, the City has officially noted that circumstance by stating: "One problem in Ashland's economy is a lack of adequate tourist facilities, requiring a large number of play-goers to travel to Medford. This results in an inconvenience to the visitor and fewer dollars spent in Ashland." Planning Commissi0~ Economic Development, Revision to Compreh€d~ive Plan, 10-13-76 It is a public need, not only as 1.;> the "tourists", but a need for the local public as well, because dependency of Ashland's economy upon "tourist-oriented commercial de- velopment" has been well recognized. Likewise, the con- tinued presence and growth of Southern Oregon State College is a major factor of the local economy. (Ashland Comprehensive . Plan, Page 2; Planning Commission Economic Development, Revisicn to Comprehensive Plan, 10-13-76, page 1). One of the factors of continued success of the College is the ability to host academic seminars which, in turn, requires the availability of tourist-oriented accommodations. '. The present proposals of rezon~ng of Tax Lot 300 with the coincidental conditional use for parking, before the Commission at this time will tend to provide a solu~ion to this public need in the manner intended by the goals and policies of the present Comprehensive and proposed Compre- hensive Plans. The addition of an additional 160 motel rooms will dire~tly benefit the general public in the area of tax revenues and .property tax levies, as indicated in the letter from the . .. . Ashland Director of Finance, generating $27,740 per year in hotel/motel taxes based upon a conservative estimate of 50% occupancy at $20 per day charge. In addition, the true cash value of the property, after annexation, would increa.se the levy of taxes for the Park, based upon the figures used in said report. The spreading of the property tax load over a broader base w~uld tend to reduce the City property taxes, as would be the result with the School District property taxes, as revealed in the letter from Ashland School. District No.5, also in evidence. The money spent by visitors has been estimated to be $50.00 by each person e~ch day; therefore, again based upon an annual occupancy rate of. 50%', this would generate: ISO X 50% X 365= 29,200 visitors multiplied by $50.00 equals $1,460,000.00 Assuming, as testified to, such expenditures "revolve" or are "passed on" throughout the community 4 to 5 times, such , '.. " is a substantial contribution to the local economy. especially that portion which will be derived during the "non-Shakespearean" seasons. There will be testimony that the convention center complex will employ a minimum of 75 people. The monthly payroll is expected to be at least $2S.000.00....This would contribute an additional $300.000.00 annually. and by applying the "turn- over" factor of an estimated 5 times. would increase the utility of that to $1.500.000.00. The economy of Ashland presently needs assistance for the younger and non-skilled elements of the citizens. which will be accomplished by the nature of the labor needed" by the convention center complex. "III. Chan es in the Immediate Area Since Ori inal Zoning an Adoption 0 Compre ensive Plan. . Subsequent. to the adoption of th~ Comprehensive Plan and the initia] zoning of the area. Ti. Lots 800. 400 and 700 have been annexed to the City of Ashland. a 161 unit motel convention complex is presently under construction on Tax Lots 800 and 400 and is substantially completed. The area immediately across'and adjacent to Highway 66 to and including the Oak Knoll Addition. consisting of approximately 53.63 acres has been recently annexed to the City of Ashland. and residential construction in that Addition has increased substantially. Immediately South. across Highway 66. a restaurant has been constructed. as has a motel. The Ashland Airport -12- . . ,. ~. , '. has made extensive improvements to accommodate larger size and more numbers of aircraft. Tlvo' 'new heavy equipment commercial buildings have been or are under construction near the airport, near the subject 'property. A produce trucking warehouse has been constructed South of Highway 66, but within 400 yards of the subject property. As significant as have been these changes in the area is the 1ack of any new rural residential construction in' the area bordered by 1-5, East Main Street and Highway 66, " , in which this development will lie. Such demonstrates the trend away from rural residential development of the area and the recognition of it being more desirable, from land use planning, as being oriented toward transitional urban- highway commercial uses. IV. Other Available Land. There i~presently no other land available for this parking space need, which is in the City Limits and so located as to be immediately'adjacent to the primary center of its use. All other areas presently within the City Limits and properly zoned are at such distances as to not be feasible for this overall planned d~velopmen~. For instance, property owned by R. 1\'. Voris, Southlves:terly of Highway 66 would create a traffic hazard; land lying Northerly of the complex, such as that shown on the Jackson County Assessor's Plat' " Map as 39 IE lID, Tax Lot 900, is outside the City Limits and more removed from the restaurant-lounge convention area. " " -13-,' . V. Affect on Adjoining Land. The land lying adjacent to and westerly from this site lies immediately behind a Texaco Service Station anp ad- , . jacent to the 1-5 Freeway. Such land is a combination of Highway Commercial and'l-lediul!l Densi.ty Residential designation on the proposed Comprehensive Plan, so no incompatibility is foreseen. The land lying immediately to the east, Tax' Lot 400, fronts on East Main Street and is remote from the proposed parking space. Tax Lots 500 and 700, lying immediately to the southeast are. separated by a ravine from the proposed " entry of the parking space, and since they are presently located immediately adjacent to the existing convention center and other parking area, no substantial change is expe~ted from this use. The prope~ties immediately Soutr., across Highway 66, being all higr,.Jay commercially orien,...::1 businesses will be benefited in the same manner as will the Texaco Station as mentioned above. The Oak Knoll Golf Course, although not . , immediately adjacent, is in the immediate "neighborhood", and the proposed use will increase the use of the ~ourse to its economic benefit, as will be the result to the:Ashland Airport also in the immediate neighborhood. The property lying northeasterly, across East Main Street, and southerly of the Airport, will not be adversely affected due to its being much lower in elevation and a . considerable distance away, and already in a close proximity of the two heavy equipment businesses located on East Main _t._ _._ ______~...__'___ ". change in the overall contemplated use of the property in relation to that already being experienced by the area in- volved. REC01.L\lENDA TI ON Based upon the Findings hereinabove adopted, the Planning Commission does hereby make the following RECO~~!ENDATION to the Common Council of the City of Ashland: 1. That the Annexation be allowed. 2, That Zone Change No. be allowed. 3. That Conditional Use Permit No. be allowed. DATED this day of , 1978, PLANNING Cmll-lI SSI ON CITY OF ASHLAND By Chairman . , F. ..~.... . . ZONE CHiI'iCE /154 and COtiUITIONAL USE PERMIT /1224 ASHLAND HILLS INN, INC., 1-5 and HIGHWAY 66 APPLICANT'S STATEMENT: See attached findings below. STAFF Ir,PUT: I. Basic Facts: The applicant intends to expand parking facilities to accommodate some 40 additional vehicles, necessitating both a conditional use permit to al low parking related to the, mote I use, and a zone change from County RR-5 toC~l. This property was acquired last year by Ashla~d,Hil Is Inn, In~. but was nof Included in the original zone change and conditional use permit requests becau~ the applicant did not wish to delay final appr-oval and commencement of constr!!~ tion. The land is relatively flat but there is an embankment caused by the Hi~ way 66 road cut. No access is planned to the parking lot directly from Highwa. 66, although there are access points located immediately on either side of the subject property. ,2. Comments Pertinent to Planninq Com",i~sion Decis:cn: " Staff wo~ld concur with the appl lcant's.findings concerning both c~nditional use permit and z:,ne change requirements. The fact that the property is bor- dered o~ three sides by commercially zoned and utilized property, and is desig nated Highway Commercial In Ashland's Comprehensive Plan, str'ongly supports the zone change request. It is doubtful that any other than commercial use could be made of the property in any event. RELEVANT COMMENTS FROM THE PUBLIC HEARING: None. CONCLUS ION OF THE PLANN ING COM~!'I SS ION: The Planning Commission conclUded that the basic and ultimate facts presented above were adequate to s~pport the burden of proof reqllired for approval of Zone Change #54 and ConL:tional Use Permit /1224 in accnrdance with Ashland's Comprehensive Plan and ~:;propriate ordinances (Chapter. 18.56, 18.32 and 18.68 of the Ashland Municipal Codel. CONDITIONS IMPOSED: I. That landscaping .Iayout, lighting, and drainage for the parking lot addition be approved as part of the over-a I I site review application for the motel complex. ~ ". ." ~EFORE THE PLANNING CO~IMISSION OF THE CITY OF ASHLAND, OREGON CONDITIONAL USE PERMIT ZONE CHANGE NO. 54" NO. 224 . ) ) ) ) ) ) ) ) ) J PROPOSED FINDINGS OF FACT, RECmli-IENDATIONS TO CITY COUNCIL In the Matter of the Application of ASHLAND HILLS INC, INC.. FOR: The property involved in this matter before the Planning . Commission is located near the Northeast quadrant of Highway 66 and Interstate Five (1-5), shown on the Jackson County Assessor's Map 14 A as Tax Lot 700. It is the stated intention of the Applicant to utilize the area for a commercial parking .lot. Tax Lots 800 and 400, as so designated on the Jackson County Assessor's map above referred to, are immediately adjacent to and surround the subject property on three sides. Idth the fourth side bein!,; bounded by State High- way No. 66. All three lots are within the City limits, and Lots . . 800 and 400 are zoned C-l, Commercial Re~ail, and are. presently designated High,yay Commercial under the Ashland Comprehens i ve Plan. Tax Lot 700 requires a change in the Ashland Comprehensive Plan from Medium Density Residential to "Highway C6mmer7ial" to conform, and a rezoning from. Rural Residential to C-I, Commercial Retail to allow its intended use as a commercial parking lot.. It is anticipated.that from the evidence to be produced through investigation by the Planning Staff and the applicant'S presentation at the necessary public hearings, the follONing COTTLE. HOWSER 6 HAMPTON .....fIiIt:n alSKIVOU 80Ul.E.VAAO P.O.OOXe:l7 ASHLAND. OREGON 81520 . . "' n.IIMen 1 - PROPOSED FINDINGS OF FACT :1 ,-<. Findings of Fact will be supported: PROPOSED FINDINGS OF FACT 1. General Description of Property; Compliance with Comprehensive Plans, Statutory and LCDC Plann~ng Goals 1. This property is located in a transitional area of free- way commercial establishments and medium density residential development. It contains .38 of an acre, and has 139 feet of frontage on State Highway 66. The other three sides are sur- rounded by;a motel-convention center complex, all of which pro- perty is owned and occupied by the Applicant. Immediately across Highway 66 is a Country Kitchen Restaurant with adjacent parking area, and a Standard Oil Service Station. Immediately South of the Standard Station is a produce warehouse for a trucking firm, and immediately West is a motel. Across Highway 66, on the same side as the Applicant's property, and adjacent to the motel-con- yention complex ~s a Texaco Service Station. Southerly from th~ property, Highwai 66 is intersected by a public highway common1} known as East Main Street. Near the intersection of those public highways are located two commercial enterprises, both dealing in heavy equipment. Also, located immediately behind those commercial uses is the Ashland Airport. In the immediate area of that inter- . , section is the Oak Knoll Golf Cou:se, a public owned 9-ho1e course, surrounded by a highly developed residential area. 2. Citizen Involvement and Land Use Planning. The pres~nt Ashland Comprehensive Plan has received extensive attention, not only by the City Council and Planning Commissions, but through -COTTl.E, HOWSER 6: HAMPTON e07 SISKIYOU aOUL.EVARO ~.O,BOX 027 ASHLAND. OREGON 97520 . " , --- - - - ___ __...._ ........... ....._~ nA,..'" . .. '0 numerous public hearings, specifically for individual neighbor- hoods as well as for the entire general effect. As a result, a new Comprehensive Plan, coordinated with the proposed adoption of an Urban Growth Boundary agreed to by the Jackson County Commis- sioners is anticipated to be adopted by the City of Ashland in the immediate. The proposed Plan change and rezoning being sought here are in compliance with the present and proposed Comprehensive Plan. It is further anticipated that this Application will be re- viewed by a citizens involvement committee prior to the first public hearing before the Planning Commission. 3. Agricultural Lands. The subject property has for more.than ten years been the site of a residence. It has never been used, nor zoned for use as a farm, and is not within the category of land needs "to pre- serve and maintain" agricultural land. T}!. size of the lot is so small as not to be appropriate nor necessary for the continuation of existing commercial agricultural enterprise within the area. 4. Forest Lands. The subject property has'no existing fores~ nor any potential for commercial forest uses. Its location in such a heavily trafficed and populated area makes it not feasible for a wildlife or fisheries habitat. The landscaping generaliy attendant with a commercial parking lot will better serve vegetative needs than attempted ' forestry planting. The area is so remote from any forest lands as to have no detrimental affect on them. ::'OTTLE. HOWSER . HAMPTON eo, 61~KIVOU BOULEVARD . S. Open Spaces, Scenic and Historic Areas and Natural Resources. . This property has been used as a residential site. It is not and has not been a "cultural area", a "historic area", a "natural area" nor "open space", "scenic" or "Wilderness" area as defined by the LCDC Goals. The requirements of Ashland I s Site Revie'~ Ordinance will insure "open space" and landscaping items sufficient to comply with what little application, if any, that LCDC Goals Number 5 may have to this area. 6. Air, Water and Land Resources Quality. . The prevailing winds in the general area of Ashland blow from the Medford area ina southerly direction. The subject area is on a hill and is usually subjected to a wind current which tends to keep the air rising in a circu~ating manner, rather than hanging still or stagnant. The use intended will be for parking of automobiles for lengths of time. most norwally more than thirty minutes, since it will be primarily used f~r tourist visitors of the convention center. No considerable amount of "idling" of motors is anticipated, and fuel emissions will be no greater than what may be anticipated from general traffic already in the area. . The concerns of LCDC Goal No. 6 as to "solid waste" "thermal" or . , . "water pollutant" are not applicable to the intended use. 7. Areas Subject to Natural Disaster and Hazards. This area has not experienced any natural disasters nor are there any known hazards as contemplated by LCDC Goal No.7, so it is not applicable to this site. Its elevation and geographical location precludes stream, ocean or ground water flooding, and land slides COTTLE, HOWSER 6 HAMPTON ! and earthquakes are not events experienced in the area~ The foundation of thc, soil is compatible w~th use as a parking lot, without endangering any adjacent lands or the public. 8. Recreational Needs. . The site will accomodate primarily visitors from other parts of the state. The convention facility adjacent thereto will serve as a focal point and base of operation for visitors to enjoy the natural recreational areas in this area of Southern Oregon. $uch include Lake of the Woods, Emigrant Lake and Rogue River for boating, fishing and water skiing; C~ater Lake for general scenic attraction; Mt. Ashland Ski Resort, Oak Knoll Golf Course, and the entire area for hunting, hiking, horseback riding and rock ,hunting. 9. Economy of the State. Ashland has an economic base oriented to recreational, educational and cultural aspects of life,'with a marked limitaticn of industrial cr agricultural elements. Southern Oregon State College and the Oregon Shakespearian Festival are attractions to people throughout the State. The city has recognized '11- public need to develop tourist oriented commercial facilitics. The convention complex which will receive direct benefits from this parking lot will greatly expand the economic base of Ashland not only through the tourism but the increasing of employment in a ,labor market which has few other such employment possibilities, for such as the younger and non-skilled workers in the area. ' This will be of direct benefit not only to Ashland, but also to the 'region and the entire State of Oregon. It will further the- COTTLE. HOWSER 6 HAMPTON eo'7 818KlYOU BOULEVARD . P.O.80X &2'7 ., ac:ul ....19 ,...n.,.......... .......~... .~ , ,I objectives of LCDC Goal No.9. 10. Housing. Ashland's designation of this area has contemplated that medium density areas will be not on the immediate site, but across Highway 66 and in a southerly direction, as well as approximately one-half mile to the northeast thereof. Its small size and highway oriented location is not compatible with the newly considered location of residential housing. LCDC Goal No. 10 is not appli- cable to a~y discernible degree. .11. Public Facilities and Services. LCDC Goal No. 11 is applicable only insofar as the element . of "urban facilities and services" are concerned, as defined therein. Police and fire protection are to be afforded and storm. drainage facilities are available on adjacent property owned and/ or under control of the Applicant. Such are coordinated with the City of Ashland ;:.ublic utilities for power. Such measures are ill compliance-with the applicable portions of that Goal. 12. Transportation. The proposed commercial parking lot will, by providing parking for tourists as well as local customers of the convention center, . .facilitate the flow of goods and servi~es so as to strengthen the local and regional comprehensive plans, all of which designate this as being a highway commerciai area. Its proximity to.state highways and to the airport contribute an important feature to' the transportation network already in existence. 13. Energy Conservation. The location of this property, being along high capacity CoTTLE. HOWSER &; HAMPTON eo? 8I!SK.VOU eOULEVARO . .' transportation corridors achieve a greater energy efficiency than were it to be located several miles from the main interchange on 1-5 to the City of Ashland. Its location makes ita center of satellite attractions, many of which will be one or more of the primary reasons for coming to the convention center. The decrease in need for unnecessarily long trips to and from the site to those attractions will directly.reduce the use of gasoline, for example. 14. Urbanization. The site is within the limits of the City of Ashland. The properties immediately surrounding it are to be included in the .. Ashland Urban Growth Boundary. It is not adjacent to commercially farmed properties, but is in an urban area. The intended use .does contribute to an orderly and efficient transition from rural to urban land use. .15. LCDC. Goals Nos. 15,16, 17, 18 and 19 are not applicable due to obvious geographical reasons. II. Public Need. The intended use of this site as a. commercial parking lot will be related to the convention complex adjacent to it, designed for the attraction of tourists and meeting places for local groups, business and social gatherings. The spaces to be utilized will be approximately 40, dependent upon the landscaping and final site review design. Historically, the major tourist attraction in Ashland has been the Oregon Shakespearean Festival. In 1976, the total attendance to the Shakespearean-oriented activities was 221,296. COTTLE. HOWSER &; HAMPTON e07 alSKIYOU OOUL..EVARO . ".a.BOX 027 ...... .....j _....r.._.. ___6_ _____ " .' ,- . Testimony from that Association will indicate their activities for the 1977 year, \~ere expanded to a ,total attendance of 232,4'53, with the 1978 estimate to be 240,000. Southern Oregon State College has increased its enrollment from 3,730 in 1967 to 4,510 in 1975, and a present 1977-78 Winter enrollment of approximatElly 4,300. It is reasonable to assume visiting parents and friends will continue 'to use over-night accommodations in Ashland. Furthermore, the college has been the sponsor of different academic-oriented,g:roups, attracting overnight visitors for those purposes. Ashland is also exposed to potential overnight visitprs who are travelers on Interstate Highway S, being the first city in the state for Northbound traffic. Overnight accommodations to meet this public need have not kept pace with the demand which has been and will continue to increase. This disparity between the ability to meet the need for tourist accommodations is evidenced by complaints received by such organizations a~ the Oregon Shakespearean Festival to the effect that all the lo,- -1 accommodations are oCC'Jpied during: their Summ. T Season, with the result that the cities of Medford and Grants Pass, Oregon and Yreka, California, as well as the other cities in the area, are receiving patronage of their tourist-oriented facilities as a direct result of Ashland's inability to meet that need. Such a lack of facilities has even been recently noted in a nationally recognized publication, the March, 1977 issue of Sunset Magazine. In addition, the City has officially noted that circumstance by stating: "One problem in Ashland's eccinomy is a lack of adequate tourist facilities, requiring a lar~e ' number of play-goers to travel to ~Iedford. This COTTLE. HOWSER 6 HAMPTON e07 .I.KIYOU bOUL.EVARD r".O,IIOX ea7 " a_,.. --, ----- results in an inconvenience to' the visitor and felier dollars spent in Ashland" Planning COr.lmission Economic Development, Revision,to Comprehensive Plan, 10-13-76 It is a public need, not only as to the "tourists"', but a need for the local public as well, because dependency of Ashland's' economy upon "tourist-oriented commercial development" has been .well recognized. Likewise, the continued presence and growth of Southern Oregon State College is a major factor of the local economy. (Ashland Comprehensive Plan, Page 2; Planning Commis- sion Econo~ic Development, Revision to Comprehensive Plan, 10-13-76, page 1). One of the factors of contthued success of the College is the ability to host academic seminars which, in turn, requires the availability of tourist-oriented accommodations. The present proposals of'changing the Comprehensive Plan and the rezoning of Tax Lot 700 before the Commission at this time will tend to provide a solution to this public need in the manner . , intended by the goals and polic~s of tha present Comprehensive and proposed Comprehensive Plans. The addition of an additional 160 motel rooms w;ll directly benefit the general public in the area of tax revenues and property tax levies, as indicated in the letter from the Ashland Director of Finance, generating $27,740 per year in hotel/motE~l taxes based upon a conservative estimate of 50% occupancy at $20 per d~y charge. In addition, the true cash value of the property, after annexation, would increase the levy of taxes for the Park, based upon the figures used in said report. The spreading of the property tax load over a broader base would tend to reduce the COTTLE. HOWSER 6 HAMPTON e07 81SKlVOU BOUL.eVARD ~.o..ox e27 ......... .....,... 1'1.."...",1'1.... ..."7.....^ .__.__ __...............'" n.T" .rArT . , City property taxes, as would be the result with the School District property taxes, as revealed in the letter from Ashland School District No.5, also in evidence. The money spent by visitors has been estimated to be $50.00 by each person each day; therefore, again based upon an annual occupancy rate of 50\, this would generate: 150 x 50\ x 365 = 29,200 visitors multiplied by $50.00 equals $1,460,000.00 Assuming, as testified to, such expenditures "revolve" or are "passed on" throughout the communitY,4 to 5 times, such is a substantial contribution to the local economy, especially that portion which will be derived during the "non-Shakespearean" seasons. The testimony will indicate that the convention center complex would employ a minimum of 75 people. The monthly payroll is expected to be at least $25,000. Th~s would contribute an additional $300,000 annually, and by ap.'~ying the "turn over" factor of an estimated 5 times, liould increate the utility of that to $1,500,000. The economy of Ashland presently needs assistance for the younger and non-skilled elements of the citizens, which will be accomplished by the nature of the labor needed by the convention center complex. III. Changes in optlon 0 the lmmediate Area Since omprenenslve Plan. Ori inal Zoning and Subsequent to the adoption of the Comprehensive Plan and the. initial zoning of the area, Tax Lots 800, 400 and 700 have been COTTLE. HOWSER" HAMPTON e07 SISKIYOU BOUL.EVARD r,o. BOX 027 , ., ~ annexed to the City of Ashland, a 161 unit motel convention complex is presently under construct;on on Tax Lots 800 and 400 and is substantially completed. The area immediately across and adjacent to Highway 66 to and including the Oak Knoll. Addition, consisting of approximately 53.63 acres, has been annexed to Ashland, and residential construction in that Addition has in- creased substantially. Immediately South, across Highway 66, a restaurant has.been constructed, as has a motel. The Ashland Airport made extensive improvements to accommodate larger size and more numbers of aircraft. Two new heavy equipment commercial buildings have been or are under construction near the airport, near the subject property. A produce trucking warehouse has been constructed '. South of Highway 66, but within 300 yards of the subject property. As significant as have been these changes, is the lack of any new rural r~5idential construction in the area bordered by 1-5. East Main ~~reet and Highway 66, in which this development will lie. Such demonstrates the trend away from rural residential development of the area and the recognition of it being more desirable from land use planning as oriented toward urban-highway commercial uses. IV. Other Available Land. . . There is presently no other land which is in the City limits available for this parking space need, being so located as to'be immediately adjacent to the primary center of its use. All other areas presently within the City limits are zoned C-l are at such a distance as to not be feasible for this overall planned CoTTLE. HO.WSER II HAMPTON 007 e.SKIYOU DOUl.EVAAO " ".0,80)( 82.7 . " , '. - ~,~ de~'~lopment. For instance, pToperty owned by R. W. Voris, South- w~sterly of Highway 66 would create a ~raffic hazard; land lying . . Northerly of the complex, such as that shown on the Jackson County Assessor's Plat Map as 39 IE llD. Tax Lot 900 is outside the City limits and is on the opposite side from the proposed . ' maln entrance to the restaurant-lounge convention area. ~~ Affect on Adjoining Land. All land immediately adjacent to the proposed parking site is presently owned or under the possession of the applicant and , , is being developed under a plan which anticipated the need and use of this .38 acre site as a parking area (Refer to the Annex- ation Agreement between the City of Ashland and Donna r. Wooley dated August 23, 1977) The affect, therefor, would be an enhance- ment of the value and use of those adjoining properties. . . The p.roperties immediately So~th, across High,;,ay 66, being all highway'commercially oriented businesses will be benefited in the same manner ~s will the Texaco Stati~n as mentioned above. .. The Oak Knoll Golf Course, although not immediately adjacent, is in the immediate "neighborhood,j', and the' proposed use Will increase the use of the course to its economic benefit, as will be the result to the Ashland Airport also in the immediate neighborhood. The property lying northeasterly, across East Main Street, and southerly of th~ Airport, will not be adversely affected due to its being much lower in elevation and a considerable distance away, and already in a close proximity of the two heavy equipment businesses located on East Main Street. . COTTLE. HOWSER 6 HAMPTON .07 81SKIYOU eOULEVA.RO ".0.80X 4127 "CUI ""'Q ,.,D.,.r..I"UJ Q.,...,n '. , , , , " VI. Public Necessity, Convenience and General Welfare. The present Comprehensive Plan and the proposed Plan con- template that a substantial part of Ashland's future economy will depend upon developing its tourist and recreational character. Based upon the facts set forth in Finding No. II, (Public Need), which are by this reference incorporate~ herein, it is found that the public necessity, convenience and general welfare of the City will be promoted by granting and allowing the change in the Comprehensive Plan and the rezoning in this proceeding. VII. Degree of Change. Based upon the facts heretofore mentioned in the foregoing Findings, including such factors as the presence of other motels and restaurants'in the vicinity, together with service stations and other highway commercially oriented uses, the granting of the change in the Comprehensive Plan 'and the Rezoning contemplated herein presents little significant chang~ i.n the overall con- templated use of the property in relatic \ :.0 that alrE~ady being experienced by the area involved. , ~ RECOMMENDATION I Based upon the Findings hereinabove adopted, the Planning " Commission does hereby make the follo\'1ing RECml1-lENDATION to the Common Council of the City of Ashland: 1. That Comprehensive Plan Change No. be allowed. . 2. That Zone Change No. be allo\1ed ,. - DATED this day of , 1978. PLANNING CO~IMISSION ".... CITY OF ASHLAND .' ...._.,..i- - ---.. COTTLE. HOWS~R a HAMPTON e07 e.8KIYOU DOUL.EV......O P.O.DOX 827 lly , I . Chairman &11:."'1 &Ur. !'cu:,"'^... .........^