HomeMy WebLinkAbout1990-0703 Council Mtg PACKET
~
Important:
Any citizen attending Council meetings may speak on any item on the agenda,
unless it is the subject of a public hearing which has been closed. If you wish to
speak, please rise and after you have been recognized by the Chair, give your
name and address. The Chair will then allow you to speak and also inform you as
to the amount of time allotted to you. The time granted will be dependent to some
extent on the nature of the item under discussion, the number of people who wish
t~ be heard, and the length of th.e agenda. '
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
JULY 3, 1990'
I. PLEDGE OF ALLEGIANCE : . 7: 3 0 P.M. , civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular Meeting of June 19, 1990 and
Adjourned Meeting of JuneJ26, 1990.
IV. SPECIAL PRESENTATIONS & AWARDS
V. CONSENT AGENDA:
1. Monthly Departmental Reports.
2. Memo from City Attorney concerning Murphey vs. Ashland
(Mahar) .
3. Letter from Betty Jo Reynolds concerning proposed revisions
to Sign Code.
VI. PUBLIC HEARINGS:
1. Proposed vacation of an easement for dam and pipeline
purposes located on property bounded by Helman, N. Main,
Water and Central Streets..
2. Proposed improvement of Orange Avenue between Helman and
Laurel Streets with curbs, gutters, and paving.
\
\
VII. UNFINISHED BUSINESS:
)1.
\j~
Adoption of Findings of Fact concerning Conditional Use
Permit for O.S.F.A. Elizabethan Theatre dome construction.
VIII. NEW & MISCELLANEOUS BUSINESS:
1. Request by Director of Finance to write off uncollectible
utility accounts in the amou~t of $42,413.05.
2. Letter from Medford Growers and Crafters Assn., requesting
permission to hang banner on Lithia Way Bridge over Water
Street on market days (Tuesdays).
3. Recommendation from Economic Development Commission to
grant $1,000 to Southern Oregon Women's Access to Credit.
IX. PUBLIC FORUM: Business from the audience not included on the
agenda. (Limited to 15 minutes)
)1.
X. ORDINANCES. RESOLUTIONS & CONTRACTS:
) 2 .
j 3.
j 4.
15.
First reading of an ordinance amending section 11.28.010 of
the Ashland Municipal Code prohibiting overnight par~ing at
Clay Stree.t Park.
First reading of an ordinance amending the Comprehensive
Plan Map concerning property at Northwest corner of E. Main
and Garfield Streets.
First reading of an ordinance rezoning land at the
Northwest corner of E. Main and Garfield Streets from R-1-
10 to R-2.
First reading of an ordinance requiring owners of property
requesting a building permit for new dwelling units to sign
in favor of future paving.
First reading of an ordinance authorizing and ordering the
improvement of Orange Ave. from Helman to Laurel Streets.
16.
First reading of an ordinance adopting an amendment to the
Ashland Comprehensive Plan by changing the Transportation
Plan Map relating to bikeways, and adopting a revised
official street dedication map. .
7.
Resolution amending the pay plan for Management and
Confidential Employees.
XI. OTHER BUSINESS FROM COUNCIL MEMBERS
XII. ADJOURNMENT
-~..~
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
JUNE 19, 1990
ROLL.CALL
.
.. \..~
Mayor Catherine Golden called the meeting to order and led the Pledge
of Allegiance at 7:34 P.M. on the above date in the Council Chambers.
Donovan, Reid, williams, Acklin, winthrop, and Arnold were,present.
APPROVAL OF MINUTES
Councilor Reid asked that the minutes of June 12, second paragraph on
page two be amended to show that she was not present and did not take
part in the vote on the open space funding measure and charter
amendment. winthrop asked that the June 5 minutes on page three, last
paragraph second to tne last sentence be amended to read as follows:
" . .. street improvements, and a deed restriction be in place ,.~.-
prohibiting future development." The minutes of the Executive" Session
of June 5 and the amended minutes of the Regular Meeting of June 5 and
Adjourned Meeting of June 12 were approved.
CONSENT. AGENDA
Acklin moved to approve the Consent Agenda items as follows: Minu~es
of Boards, commissions and committees; Departmental Reports - May
1990; Liquor license request from Laura & Laurence Shrewsbury, dba
Shrew's House, 570 Siskiyou Blvd.; Liquor license request from Thomas
McHugh & Bonnie Parr, dba Lucca's Delicatessen, 116 Lithia; and ietter
from Jim Jura, BPA Administrator, regarding endorsement of Valdez
principles. Donovan seconded and the motion carried on voice vote.
PUBLIC HEARINGS
Historic sians - Planning Dir. Fregonese said the proposed amendment
<\ to the sign Ordinance allows for preservation and/or restoration of
historic signs, which must meet three criterion. Arnold feels
criterion should be more specific regarding age of signs and winthrop
suggested 40 years. The public hearing was opened. George Kramer,
386 N. Laurel, spok~ in favor of the amendment. Jim Ragland, 91
Gresham, spoke in opposition and said if the amendment is adopted an
inventory should be taken first. Richard Ernst, 975 Walker, doesn't
like neon signs. Joe Sayre, 625 Elkader, said to decide what is
historic first. Henry Frances, owner of property here, likes the
original sign code. The public hearing was closed. Fregonese said 40
.years and older is appropriate, signs should be displayed in original
location, and flashing signs eliminated. Reid said neon is an
important feature of the Varsity Theater sign. williams moved to
direct staff to bring back an inventory of existing. signs which are
40+ years old and incorporate Fregonese's recommendations. Reid
seconded and the motion passed unanimously on roll call vote.
Regular Meeting - Ashland city Council - June 19, 1990 - Page One
.:::.>>..a. ;. I
, ":~~P~d~{j.
.~. :~::;-1~ .;.i~~
_',~' 1.\ ~
Consent to Participate in street Improvements - Fregonese read staff's
proposed new section 18.68.150 of the Land-use Ordinance and told of
the Planning Commission's recommended changes. The public hearing was
opened. Bob Blankholm, 202 Oak Lawn, is opposed. Jack Blackburn, 805
Oak st., is opposed to the wording concerning waiving rights to
remonstrate, and williams suggested adding language which would not
waive property owners' rights to speak at public hearings. Craig
Chesnut, 346 Iowa, expressed concern about pqtential costs of
improvements. williams moved to accept the Planning Commissions'
recommendations and add his suggested wording, Reid seconded and the
motion passed unanimously on roll call vote.
Transportation Plan Map - Fregonese said the proposed modi~ication to
the map provides forbikepaths on all collector and arterial streets.
The public hearing was opened and there was no comment. Donovan moved
to direct staff to bring back the implementing.ordinance, Reid
seconded and the motion passed unanimously on roll call vote. </ '
';~j
P.A. 89-156 - Comp. Plan Map Chanqe & Zone Chanqe - E. Main/Garfield -
Fregonese said the Planning Commission recommended R-2 zoning, and
CPAC recommended denial of the planning action. The public he~rtng
was opened. Larry Medinger, 520 Terrace, and a member of the
Affordable Housing Committee, said a proposal will be brought forward
for council consideration for use of the parcel. The public hearing
was closed. Winthrop moved to adopt P.A. 89-156 including the
Planning Commission's condition that the parcel be earmarked for
affordable housing. Reid seconded and the motion passed unanimously
on roll call vote.
community Facilities Fund Grant Applications - city Admin. Almquist
explained that the hearing was noticed in the Daily Tidings and,the
application from the Pacific Institute of Natural Sciences was the
only one rec~ived. The public hearing was opened. Robert Scholl,
P.I.N.S., told of the plans for the museum and donations which have
been received. He requested that the City be the applicant for the
'\ grant monies. The public hearing was closed. Acklin moved to submit
the application on behalf of P.I.N.S., Williams seconded and the
motion passed unanimously on roll call vote.
UNFINISHED BUSINESS
Murphev vs. Ashland (Mahar) - city Attorney Salter explained that he
entered into Mike Mahar's appeal to the Court of Appeals in order to
uphold the actions of the city Council on the proposed project on
Hersey Street. Fregonese said words like'lIlivability" are important
in order to allow the council to use discretion in planning action
decisions. Reid is opposed to being part of the lawsuit. Mark
Murphey, 492 Lynn st., said the criteria for livability should be more
specific. He feels further annexation of E-l lands will be difficult
if the City is a party in the lawsuit, and said the Council should
have received the LUBA decision in May when it was issued. Jack
Blackburn agreed. Mara Mikalis, 394 E. Hersey, fee~s the City Council
Regular Meeting - Ashland city Council - June 19, 1990 - Page Two
T -~----
Murphev vs. Ashland (Continued)
is without conscience. Lisa Sebrell, 271 S. Mountain, is concerned
about impacts of the project on school capacity. Bob Johnson, N.
Mountain, is concerned about the safety of additional children on the
busy'~rea streets. Nikos Mikalis, 394 E. Hersey, asked that the
council withdraw from the lawsuit. On a question from Reid, Salter
said Mahar's attorney has done most of the work on the case and'the
city's expense will be minimal. winthrop fe~ls city should withdraw.
Acklin feels this action could impact the Council's decision on other
C.U.P.'s. Arnold said "livability" gives flexibility for better
decisions in all neighborhoods, and the integrity of the land use
ordinance is what will be litigated. Donovan finds no fault in staff
actions but is uncomfortable with joining in the lawsuit. Acklin
agreed with Arnold. winthrop moved to instruct the city Attorney to
withdraw from the lawsuit. Reid seconded and the motion passed as
follows on roll call vote: Arnold, williams, and Acklin, ~O; Donovan,
Reid, and winthrop, YES. Mayor Golden broke the tie with aYH~ vote.
williams left the meeting at 10:30 P.M.
;:.--'
Reauest for Reduction of C.U.P. Fee - Halvorsen - Fregonese explained
that staff prepare a breakdown of the actual costs to process the
application, and the Planning commission was involved because of the
variance, so the fee would be $450.00 which is what the Halvorsens
paid. winthrop moved that the request be denied, Arnold seconded and
the motion carried on voice vote.
street Scene - Golden asked for clarification of the city's alleged
endorsement of the Street Scene project. Donovan explained that
Council action had been to 1) allow use of the city's non-profit
status for collecting donations, and 2) accept the gift of the
sculpture. No further action taken.
Acklin moved to continue the meeting for one-half hour, Arnold
.~ seconded, all AYES on voice vote.
NEW & MISCELLANEOUS BUSINESS
Request for Variance from Burn Ban ordinance - Lew wilford, Oak Knoll
Meadows Homeowners Assoc., explained their request and said.they have
obtained a permit from the D.E.Q. to do the burning, but need council
approval. Fire Chief Lee Roy King said the Association has done
everything he requested, burning should be done in morning hours, and
the burning will not be allowed when the ventilation index is under
400. The ordinance allows the Fire Chief to make a decision on the
request and council requested that he do so.
Parsons pine Products Request - Golden asked that Code Enforcement
Officer Dick Chambers report to council on the progress of Parsons'
Regular Meeting - Ashland city council - June 19, 1990 - Page Three
I-~---- -
:"~~1"~~~~ .
Parsons pine Products (Continued)
sound improvements each month. Arnold said he toured the plant and
the proposed schedule submitted by Parsons pine is realistic. He
moved. .,to amend the variance to change the compliance date from six
montWs to July 30, 1991. winthrop seconded and the motion carried on
voice vote.
Roque Valley Fair Share ReqUest - Susan Binder, R.V. Fair Share, asked
that council write a letter of endorsement for the Rogue Valley
community Development corporation for inclusion with their application
to the Oregon Housing Agency for start-up funding. Arnold moved to
approve the request, Donovan seconded and the motion carried on voice.
vote. .
R.V.T.D. Endorsement - A letter was received from SO-REDI requesting a
resolution endorsing the RVTD transfer center as top priority for 1990
OEDP funding. Acklin is more comfortable with a letter expre9~ing
Council's support of the center, and Golden agreed to write the
letter.
-
Indexinq Hotel/Motel and Bus. License Taxes - Acklin said doubling the
base fee on the business license tax is regressive and she would like
to find a way to make the tax more equitable for small establishments.
Almquist will bring a proposal to the meeting on the 26th on open
space funding.
Arnold moved to extend the meeting one-half hour, Acklin seconded and
I
the motion carried on voice vote.
Recvclinq Task Force Request -'Donovan 'explained that the recycling
center is a success but more education'is needed on how and what to
recycle. The request is for the city to provide one-half the cost of
providing a worker at the depot for six months, the other half to be
paid by Ashland Sanitary Service. Golden said the Job council may be
.~ able to provide a worker. Acklin moved to proceed after staff
consults with the Job council and Reid seconded. Arnold said future
expenditures for the recycling center need to be dealt with in the
budget. The motion carried on voice vote.
Councilor Reid left the meeting at this point.
PUBLIC FORUM
Rudy Wertepny, owner of Papa D's Restaurant on Ashland street, told of
a problem with gas and diesel fuel fumes invading his establishment
due to removal of tanks at the former gas station site at Ashland st.
and Siskiyou Blvd. Almquist reported that officials from D.E.Q. said
the fumes should be gone by the evening of June 20th. Staff was
requested .to research the city's jurisdiction in this case. No
further action taken by Council.
Regular Meeting - Ashland city council - June 19, 1990 - Page Four
~ .!';.~:r:l\
16:'~. ".~'~
ORDINANCES, RESOLUTIONS & CONTRACTS
Liauor License Review - Second reading by title only of an ordinance
amending Chapter 6.32 of the Ashland Municipal Code'relative to liquor
license review. Acklin moved to adopt same, Winthrop seconded and the
motion passed unanimously on roll call vote. (Ord. #2581)
Ashland Sanitary svc. Franchise - Second reading by title only of an
ordinance granting a franchise to Ashland Sanitary Service Co.
winthrop moved to adopt same, Donovan seconded and the motion passed
unanimously on roll call vote. (Ord. #2582)
Amend Land-use Title re: Procedures - Second reading by title only of
an ordinance amending Chapter 18.108 of the Land Use Title pertaining
to procedures. Donovan moved to adopt same, Arnold seconded and the
motion passed unanimously on roll call vote. (Ord. #2583)
'it.
Levy property Taxes - Second reading by title only of an ordinance
levying property taxes for fiscal year 1990-91. winthrop moved to
adopt same, Acklin seconded, all YES on roll call vote. (Ord. #2584)
Ordinance Amendment re: Taxicabs - First reading of an ordinance
amending the Municipal Code relative to taxicabs. Arnold moved to
second reading, Acklin seconded and the motion passed unanImously on
roll call vote.
Tour Buses and special Vehicle Permits - A resolution was read
amending Resolution No. 86-22 relating to tour buses and spec~al
vehicle permits. Arnold moved to adopt same, Acklin seconded, all YES
on roll call vote. (Reso. #90-31)
Calle Guana;uato - Alcoholic Beveraqes - First reading of an ordinance
placing conditions on the consumption of alcoholic beverages on Calle
Guanajuato. Donovan moved to second reading, Acklin seconded and the
.'\
motion passed unanimously on roll call vote.
Overniqht Parkinq at Clay street Park - postponed until next meeting.
Set Public Hearinq - Oranqe Ave. L.I.D. - A resolution was read
setting a public hearing on the proposed improvement of Orange Ave~,.
between Helman and Laurel streets, for July 3, 1990. Arnold moved to
adopt same, Donovan seconded and the motion passed unanimously on roll
call vote.. (Reso. #90-32)
Transfer of APpropriations - A resolution was read transferring and
increasing appropriations within the 1989-90 budget. Acklin moved to
adopt same, Winthrop seconded and the motion passed unanimously on
roll call vote. (Reso. #90-33)
Regular Meeting - Ashland city council - June 19, 1990 - Page Five
~~'. ;;... ',. ..-.
,. . "-.
-. ._.-,,",..~ '- . -... ,.. ... ^.~",."'.
".:.~".~,..", ,.-...............!....
..~.-..:....-'
Authorizinq Funds' Accountinq Methods - A resolution was read
authorizing funds and accounting methods to be used in the financial
management of the city for the 1990-91 fiscal year. Arnold moved to
adopt same, winthrop seconded, all YES on roll call vote. (Reso. #90-
34)
. "
.. \. .~
set public Hearinq - vacation of Easement - Acklin moved to set a
public hearing on a proposed vacation of an easement for a dam and
pipeline near Helman and central for July 3,' 1990.' . Arnold seconded
the motion which carried on voice vote.
S.O.S.C. Agreement - Arnold moved to approve an agreement with
Southern Oregon State College concerning in-lieu payments for street
maintenance in the campus area. Donovan seconded the motion which
carried on voice vote.
OTHER BUSINESS FROM COUNCIL MEMBERS - Mayor Golden told of the
R.V.C.O.G.ls offer to paint little blue fish on storm drains ~~ remind
people to not dump oil, etc. in them. It was agreed that this.,'was a
good idea.
city Admin. Almquist reminded council of the study session with
Jackson County Fire District No. 5 on Tuesday, June 26th at 7:00 P.M.
in the Council Chambers.
ADJOURNMENT _ The meeting adjourned at 12:00 Midnight to June 26, 1990
at 8:00 P.M. in the council Chambers.
Catherine M. Golden
Mayor
::--
Nan E. Franklin
city Recorder
.~.
Regular Meeting - Ashland city Counc~l - June 19, 1990 - Page six
.~.
~.~ '.1(,_
~.;"'~.'
.'/
MINUTES OF THE ADJOURNED MEETING
ASHLAND CITY COUNCIL
JUNE 26, 1990
ROLL.CALL
,
Mayor Golden led the Pledge of Allegiance and called the meeting to
order at 8:07 P.M. on the above date in the Council Chambers. Reid,
williams, Acklin, winthrop, and Arnold were present. Donovan arrived
at 8:15 P.M.
PUBLIC HEARINGS
proDosed Charter Amendment for ODen SDace Park Proqram - city
Administrator Almquist explained that council and the Parks commission
met on June 12, 1990 and brought forward proposals to be placed on the
August 14, 1990 ballot. winthrop requested that the word "increased"
in ~he prop6sed wordin~ in the resolution qoncerning Section 3~
Art1cle XIX A of the C1ty Charter be changed to "altered"; and'the
second line of the explanation of the proposed ballot measure be
amended to read as follows: "...methods and rates approved' by the
voters of Ashland and. the ...". Arnold recommended changing the first
line of the proposed wording for section 3 of Article XIX A to read as
follows: . "The tax measures for funding for' land acquisition for the
Open Space ...". The Charter Amendment Resolution and Exhibit "A",
the proposed ballot measure, were read and the public hearing opened.
Richard Ernst, 975 Walker, is' concerned about a forced trail through
his property along the T.I.D. ditch. Don Rist, 310 Bridge st., likes
the Charter amendment language but is also concerned about the trails.
Marilyn Briggs, 590 Glenview, said the one exception to the
condemnation issue should be addressed. Planning Dir. Fregonese said
the condemnation clause should be le.ft as is. On a question from
Briggs, Acklin reiterated that development and maintenance_costs will
be funded from the current authorized property tax levy for parks.
Almquist said the concern regarding trails can be added to the Charter
~ amendment language. The amended sections of the Resolution were read.
Acklin moved to adopt same, winthrop seconded and the motion passed
unanimously on roll call vote. (Reso. #90-35) ~
Proposed Fundinq Measure for Open Space Park Proqram - Almquist
reviewed a memo included in the agenda packet concerning the proposed
business tax increase. Notices of the hearing were sent to businesses
who would experience a 100% increase. The public hearing was opened.
Jerry Sivin, Parsons pine Products, said the proposed .increase will
discourage creation of new jobs, and the utility bill increase is more
equ~table. Wes Reynolds, 1265 Munson Dr., said the business tax
increase is part of a larger and well-balanced program wherein
everyone will contribute. Estelle Sohler, 505 Fairview, is against
the proposed funding measure and said a bond issue should be used ~o
acquire land. Bob Johnson, N. Mountain, owns a small business and .
said the doubled business tax base rate will be a burden. Jerry Sivin
said those businesses with an increase of 300% and over, should'be
allowed to make payments in. three year increments.
;'.:i)i1~'':.i.i.: -.. '=
.-1. '~'i;.~.~~~':.
Hotel/Motel Tax Increase - Almquist reviewed a memo included in the
agenda packet in response to Acklin's previous request that
consideration be give to indexing the 'hotel/motel tax. The public
hearing was opened. Jim sims, 269 B st., and President of the Ashland
Lodging Association, said the hotel/motel tax is regressive, and the
funding proposal should be broad-based. Jack Blackburn, 805 Oak st.,
spoke against the tax. Michael utoff, 633 Roca st., would rather pay
as a-,qitizen than a business i.e., utility bill charge. Marilyn
Briggs suggested fundraisers to supplement the program. The public
hearing was closed. williams asked about including the utility bill
increase and exploring an exemption program tor low income citizens,
and Almquist said administrative costs would be prohibitive. Donovan
has no problem with the business license tax increase, but feels the
hotel/motel tax increase singles,out a small segment of the community.
Acklin and Arnold will vote for the resolution in its present form.
Reid prefers the menu approach for the ballot, and thinks indexing is
a good idea. Arnold moved to continue the meeting, winthrop seconded,
all AYES on voice vote. Donovan suggested raising the. business
license tax base rate to $100 and decreasing the per employee rate.
winthrop moved to adopt ~he resolution as read and Acklin seconded the
motion. williams will not support the proposal without the 'i~j
contribution from residents. The motion failed as follows on roll
call vote: Donovan, Reid, and Williams, NO; Acklin, winthrop, and
Arnold, YES; Mayor Golden broke. the tie with a NO vote.
winthrop moved to continue the meeting, Reid seconded, the motion
passed on voice vote with Arnold and Acklin voting NO. winthrop moved
to adjourn to 1:00 P.M., Monday, July 1st, and request staff to draft
proposals as follows: 1) include a 50~ utility charge and adjust the
per employee business license tax accordingly, and 2) include a, $1.00
utility charge and reduce the proposed hotel/motel tax increase. ;
williams seconded the motion which passed on roll call vote as
follows: Arnold, Donovan, Reid, NO; Williams, Acklin, and winthrop,
YES. Golden, YES.
ORDINANCES. RESOLUTIONS & CONTRACTS
Taxicab Ordinance - Second reading by title only of an ordinance
'\ relative to taxicabs. Arnold moved to adopt same, Donovan seconded.
and the motion passed unanimously on roll call yote. (Ord: #2585)
Alcoholic Beverages on Calle Guanajuato - Second reading by title only
of an ordinance amending the A.M.C. with respect to alcoholic
beverages on Calle Guanajuato. Acklin mov~d to adopt the ordinance,
winthrop seconded and the motion passed unanimously on roll call vote.
(Ord. #2586)
Resolution on Funding Open Space Park program - no action taken.
ADJOURNMENT - The meeting adjourned at 11:50 P.M. to 1:00 P.M., July
1, 1990 in the Civic Center council Chambers.
Catherine M. Golden
Mayor
Nan E. Franklin
city Recorder
Adjourned Meeting - Ashland city council - June 26, 1990 - Page Two
ASHLAND POLICE DEPARTMENT
Monthly Activities for May, 1990
INVESTIGATIONS
We had a major burglary at a local jewelry store, approximately
$20,000 worth of gems were stolen. This case is still under
investigation.
A theft case, which originated in February involving $13,000 in
avionics equipment, was cleared with the arrest of a local man on a
charge of aggravated theft.
Arrests were,made in 2 separate cases, charging Assault IV, involving
cases of child abuse.
Investigators, assisted by JACNET officers, served a search warrant
and arrested 5 local residents on charges of delivery and possession
of a control substance.
PATROL
Three Burglary cases, and a related case of Unlawful Use of Motor
Vehicle, were cleared with the arrest and lodging of the responsible.
Following an extensive investigation, a felony hit and run accident
was cleared. This case is now in the court.
Officers assisted with crowd and traffic control during the Cinco de
Mayo celebratio~ and with the Volkswalk.
Graveyard officers made 13 drunk driving arrests in May.
Regular Officers and Reserves received 52.5 hours of training during
the months through LETN.
CRIME PREVENTION
Crime Prevention activities were brisk during May with 3 Puppet Safety
shows at the YMCA Pre School; a Law and police Issues class at Walker
School, 5th grade; 2 Advanced First Aid classes, 2 Social Issues
classes and 2 Health classes at the High school; a police Issues for
Foreign Students at the SOSC American Language Academy; Bike Rodeos at
Bellview and Lincoln Schools and tours of the Police Department for 2
groups from the Montessori Pre-school and the Helman Cub Scout Pack.
Officer Bianca completed another session of Youth and the Law Classes
at the Ashland Middle School: attended meetings of DSNT (2), the
Bikeway Commission, the SOSC Sex Assault Prevention Committee (2) and
Mediation Center Planning (2). He participated in Barrier Awareness
Day events and a Hispanic Commission/Law Enforcement Conference and
assisted the Heart Association "Cardiac Arrest" fund raiser.
In addition, he was responsible for the hiring and training of 4 new
employees who will work Park Patrol for the summer months.
1
POLICE RESERVE
Reserve Officers put in a total of 336.15 hours of service in May,
56.25 hours in training, 218 hours on patrol and 63.5 hours on special
assignments.
EXPLORERS
Explorers put in a total of 131.5 hours of service in May.
COMMUNITY SERVICE VOLUNTEERS
During May 31 volunteers contributed 1,034 hours of service in the
community.
MUNICIPAL COURT
There were 1,131 citations filed in the Municipal Court, which
includes 310 traffic violations, 40 formal complaints, and 1,321
parking citations.
Cases closed totaled 612 which includes 129 traffic violations, 43
formal complaints, 30 fines suspended, 116 citations dismissed
(including 53 completed diversions).
There were 282 parking citat10ns closed, 188 of these were issued in
the Downtown Parking District. No parking citations were dismissed.
There were 336 appearances, 118 before the Violations Bureau and 218
before the Court. There were 15 trials held, and 1 no show: 140
persons were placed on diversion and 36 placed on probation.
COMMUNICATIONS/RECORDS
Communications/Records personnel handled 102 Police cases and
dispatched 91 fire/medical runs.
There were 10,948 telephone calls to the Department with 4,141 calls
to the D~spatch Center, including 685 calls on 9-1-1 lines.
CODE COMPLIANCE OFFICER
There were 19 inspections performed this month, and 1 citation issued.
Much of the first part of the month was spent contacting business
regarding business licenses. Word must have gotten out that someone
was out checking licenses because many people who were not contacted
came in and obtained business 'licenses. This will be an ongoing task.
2
-<:--
June 8, 1990
The Mayor and City Council
4.M. U J
Steve Hall, Director of Public Works
Public Works Monthly Report for the Month of May,
1990
The following is a condensed report of the activities of the
Public Works Department for the month of May. 1990:
ENGINEERING:
45
..
1 .
2.
3.
4.
5.
rj!,
6.
7.
8.
Issued 9 street excavation permits.
Field checked 8 partition and subdivision plats.
Operated traffic counters on various streets.
Completed work on survey and map of 22 acre parcel adjacent
to the airport.
Performed the following work on the proposed Peachey-
Paradise Sewer Assessment:
a. prepared map of proposed sewer district
b. estimated cost of construction
c. prepared possible assessment methods
Updated F.A.A. rules and regulations.
Updated computerized records index.
Inspected improvement construction on:
a. Canyon Park II Sub.
b. Laurel St. Ph. II
c. Cub Meadows Sub.
d. Oak Knoll Meadows Ph. II
Performed the following work on the E. Main Bikeway project:
a. inspected work performed by contractor
b. measured quantities for payment
c. prepared final payment
d. made final inspection with state bike specialist
Performed the following work on the Wightman st. Storm Drain
Project:
a. computed loading and required pipe thickness
b. worked with Southern Pacific Railroad to acquire the
necessary permits
Performed the following work on the Patterson Street
Subdi vis ion: ,:~'
a. worked with engineer to revise grades for street
b. inspected work performed by contractor
c. informed developer of progress
Performed the following work on the Hersey Street Project:
a. met with O.S.H.D. personnel regarding inspections and
record keeping
9.
10.
11.
12.
, ....~~ ~':'~~7.',
). , ',' "-"r' 'r",',
. . 'r1j:::;:',~~,~~
P.W. Monthly Report May, 1990
Page 2
13.
14.
15.
16.'
17.
18.
-' 19.
'~21.
rl~f
20.
b. marked right of way locations for U.S. West
Communications.
c. located proposed curb for service installations
Performed the following work on the 1990 Street Improvement
Project:
a. revised plan and profile of Nevada Street
b. prepared deed for easement for bridge and wing walls
c. prepared plans and specifications
d. distributed bid documents to prospective bidders
Performed the following work on the Bear Creek Trunkline
replacement project:
a. completed profile survey
b. prepared profile
Prepared three (3) airport hold harmless agreements.
Researched deeds and records pertaining to the Fallon suit~
to quiet title (Roca Street)
Performed topographic survey and prepared map of City lots
at Garfield and E. Main Streets.
Sent notice of public hearing for the proposed improvement
of Strawberry Lane.
Attended neighborhood meeting concerning the proposed Peachy
Rd. - Paradise Lane sewer assessment district.
Staked and computed grades for paving of an alley between
N. Main St. and Lori Lane.
Acquired additional data as requested for the close-out of
the current FAA grant.
Prepared final acceptance of the following projects:
a. Park Estates Sub. I and II
_ b. E. Main St. Bikeway
Sent requests for trimming on 6 vision clearance complaints.
22.
23.
I :'~IT
WATER QUALITY DEPARTMENT
Monthly Report
May, 1990
-~A TER :
Repaired four (4) leaks in City owned water mains.
Repaired three (3) Lithia leaks in mainline.
Repaired nine (9) leaks in customer service and/or meter.
Repaired eight (8) leaks in City T.I.D. lines. ,
Replaced one (1) leaking water service at Siskiyou Blvd.
Changed out nine (9) 3/4" meters and one (1) 1" meter.
Repaired two (2) fire hydrants.
Installed two (2) 3/4" handvalves and replaced one (1).
Installed twenty-four (24) 3/4" water services, three (3)
1" services and one (1) 2" service.
Installed two (2) 8" water lines and valves for pre-paving.
Installed two (2) new 6" fire hydrants.
Reinstalled a,12" line at the Water Treatment Plant.
Re-chlorinated Patterson St. 6" water line.
Installed twenty-three (23) new 3/4" meters with handvalves.
SEWER
Installed twelve (12) 4" sewer services.
Rodded 21,847 feet of City sewer mains~
1~Ml SCELLANEOUS
Responded to 75 utility locate calls. There was 118.546
million gallons of water treated at the Water Treatment
Plant.
There was 58 million gallons of water treated at the Waste
Water Treatment Plant.
I:' ~ r
.:' }~ \-"~'&'
:' ,,~...-.'. '7. ',. ~ \" .f''''''
Cioty of Ashland
Fleet Maintenanc~-
May 1990 Report
--,._~_....._" ...,.__.----".~~_._-----_.__._.,,-....-.........._--- ._,---_..--._----_..-_._._'_._._-..~.~.......- .-~~.. .-._~~-'- ,-~--~--_..._~...
Two mechanics completed work on 80 work orders
for various type~ of city equipment and vehicles.The divisions and
departments i.nvolved are as follows=
Administr"ation:
o
Bui.lding:
(>
C~~mE? te "-y :
I::}
....
Elf~c:tri.c :
10
Energy:
1
Engineering:
F .i roe :
-</ (
8
police:
14
P..W~#i:
..
Senior Van:
1
Shop:
o
f.3t:.reet:
.. 'l~f
-"-'1'6-'--~'---~---" -.,-. -~....,.-_...- --- ...--...... .--- ".----..---- ..-, . --.--.--..---"-"'.""'- - "'--c--" .---.---
I
l1Jal'-ehouse:
1
l'-la ter:
19
Ai r-port
......'.... .. (f-........ ....-..-.---~ .,-..--..-
._.._,_....._~.~_'"'..--._,_,___~""P"_......._..-r~.._ ...,_._.____..-~ .....".. ".'~""_''''' _._,.- .~.._,-..~. -..........-.... ,..__....__........._~<w,_ .
'fhe emergency generators at City Hall and the Civic C~nter ~e~e fueled
and manually tested weekly.
f:.~ r
I and M certificates issued for the month:
C1 ty of A:.-;;h 1. i:Hld:
6
I" .
':l:~(' __..,.~~ _ 1 "'::-,.. ,
":~~~',\
. :~~~,Dl'
. I
.............,........._.......,..........",-,........." ~.,..-.-....-.--,-~.. ._..~.__.,'" ....-.~..---.~->.~._,...-._..'..~..~...."."'.."~'
City of Ashland
Street Division
t'1ay 1990 F'E-~port.
SlAJEEF'ER ~
S~t,J(~pt. 378''(oi 1 es.
Collected 132 yards of debris.
. ---~ -.--..-..----- _._-._._.,----.-_..._-~-~~~--- ~-~--~_. .-.--.-.. ~ ,~_.---_. .~._-,-_.._--_._'-~ --.---'-.-" _.- -- ,.., -,_._._~_.---,---.----""'" .._...._-...~- --.-.." ..
nc;~sponded t.o
67
utility location requests.
.~~~~
Graded several streets and alleys.
... .,. .,._.___.. .'~. _.__ .... ....... _. .... _ .__.__._,... ......._.."... ~ _,~.~.- ,.. ..._. ,..._ '.w
Patched Will Dodge Way from 1st to 2nd sts.
Pa tc hed !;:;ever"aJ SEH"V ices for~ Water" Di v.
Patch~d newly constructed storm drain system on Helman, Van Ness,
i::-.nd Water- Sts..
. STDF,t-1 DHA I NS :
Completed Helman, Van Ness, Water st. storm drain project.
Replaced catch basin grate on upper Beach st.
Repaired a 12in. storm drain on E. Hersey damaged by contractor.
Cleaned ditch at 6th. and A sts.
Began A st., between 5th and 6th, storm drain project. Project
includes:' r-eplacing 300 ft. of heavy-.-tre-e'-rocit'.aa:iiiageo'-storm'-oraln"''''--''-'.......--...-.-.-
and add~nga x-over and catch basin.
.Rodded ~rid/or flushed several storm drain systems.
Cleaned catch basins.
""
SIGNS:
F;L:iced' Li:\l. i slgn!;; and posts on new E:---Marrl~'st:--6.1j~epath::'--'---'._-----""- ....--'-
May 31st.: Put Up Hargadine parking lot and Winburn W~y parking
limit signs beginning June 1st..
\"10ved a :::'0 min. par-king E:iign back 1 stall on No. Pioneer- st..
Replaced street signs. at Sheridan and Grant on Walnut.
~~~i:i~~d ~Er1;\:~g:i~~d o~O~~r~~c~~;t:?E~i~~Fth~~Ecio:~ga ?_~~~~t:~..~ ....... . ....
t'1 I BC. :
Con't painting: white and yellow.
Painted bicycle course at Lincoln school.
Removed steel ring from curb return at the S.W. corner of
3rd. af) d [{ S.t s ~' . "'_.'N''':'' ....._...-_.__._.._..--_.,..'-_.~._...... ................--.......-..--...........-..--' --." .-.....
Watered trees downtown for Parks Dept..
Repaired gate at Water st. yard.
Delivered sand to downtown project several ~imes.
Hauled 960 yards of granite from pit to Pioneer st. parking lot.
Removed several tree stumps in downtown project.
Pl..~ced 19 tables and 12 chairs at 6'ioca"\:'l'ons' for "BIkE to 'wORkii
day.
Hauled off 175 yards from sweeper dump site.
Rebuilt catch basin grate on Ashland st. for bicyle safety.
Cleared several sign vision problems.
Repaired gate to old granite pit.
F\ef..;pondec:l to diesel spill on Hwy"66' an'a-'Faith Ave. .....--...--
PickE:?d up trash 'and tr~immed brush along bike path between
Sheridan and Schofield sts..
1 ;'~r
.: :...If....r..'.-Z"J:,.
~.~
- TV'''''' ".._.,-.._..~.,__._~,-~,,- -..............,....-,...'-.......-'. . ~..~,- .... "'-..~ ._......-~................. ~~.. - .~...-......_-_.....~ .... .,............ ~........-,--.
-. -.... ..--.. .... - ..-.- ~-'._--.........- - ~.,.,.-'... ---."'-~ . ..' ~ .-., ._-,_."". .
Built short fence at P. D. storage shed.
Cleaned up area on a weekly basis~
Held m<Jnthl y mE.~et.ing.
..:
-~:.-
-
-. 'l!, .
....
. ,~_~_..-... _~.. ....._ ~.. ..._ .. _..~_._.. ~~.. re_' ~.. __T._....._._...~_.r...... . ._ _..~..., ___.... ..___.__ ~'P'" ._.0___..______ _...... _~~.,_.~ .._.. -- -.. ....~--...
-- -..-.... .._..w....-
. ,....__._' ..___. ..... ....~...,_...,..~........._...."_,._...__..._.........__ .__....____._._....__..________. .___,__.__'..._>_~..._ _.... ._._..____v_ ,.._._...~~--.".-.. ._.-~...__..."
.----.....-~ ..,..~- ..-.' ... --.--~....-.- -~'.- ,....... ,..--
~...,.._..-.~..__....._-- ...._~,.....-..... ._-...--.......----~.. ,- - ._._-...~-_..~.--~_._--.....-.--~-.....-........'~--....-........--"~..... -" ...--._-_.....'".~ .~. -..- .-
I;'~~
> ._.. _~.__ ....~_.~._.. ,,__.___._..,__~"_'''_''_' ",...__~...,. ..... "..........._~_...~._...~_, ...'_' _. _ ~~_.__ '_'_" .w._ ".._.. ~_____ ~,_ -.---- ...~ .-... -- ....~-_..- .--
-,.... _.~ - . ...-.-
'" .~l'-''''h-' -L
'. ;,:.:-.t.:
,'~'t)~L :
".
;~;;'-:.'J:
RONALD L. SALTER
ATTORNEY AT LAW
94 THIRD STREET
ASHLAND, OREGON 97520
(503) 482-4215
June 21, 1990
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Ronald L. Salter, City Attorney
SUBJECT: Murphey vs. Ashland
Ladies and Gentlemen:
The question that has not been answered is if I received
LUBA's Opinion in the above matter on May 16, 1990, why did
I not have time to refer the question to the Council? My time
sheet shows that I first became aware of LUBA's Opinion on
May 18, 1990, and that first on June I, 1990, the attorneys
for Mr. Mahar indicated that he was going to appeal to the
Court of Appeals. Accordingly, June I, 1990, was the first
day that I had any idea that there was even a question as to
this matter being taken to the Court of Appeals. This day
was the Friday preceding the June 5, 1990, meeting. The agend~
had already gone out and frankly, it did not occur to me that
this matter was of nearly the importance that it has obtained.
Thus, I took the action that I did, dictated a memorandum to
all of you which was typed on June 4, 1990, the following Monday,
and distributed to you at the Council Meeting of June 5, 1990.
It appears that none of you took this opportunity to plac~
it on the agenda of June 5, 1990, and of course, June 5, 1990,
was a very busy agenda. On June 12, 1990, which I understand
that the Council did meet either in special session or a study
session, I was not in town nor in the State of Oregon. I believe
that this answers the above question and if any of you would
like to discuss this matter further, please let me know.
Enclosed with this memorandum is a copy of the City's
Motion to withdraw from the Appeal to the Court of Appeals.
\~ctf6.llbmitted.
R~h. SALTER
City Attorney
RLS/kr
1-
1
2
3
4
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
----
: ~ ~~:~~
::c
,'I'
; ,~ ;
IN THE COURT OF APPEALS OF THE STATE OF OREGON
MARK MURPHEY, )
) LUBA No. 89-123
Respondent, )
) Court of
vs. ) Appeals No. A6529l
)
CITY OF ASHLAND and MIKE ) MOTION FOR ORDER OF
MAHAR, ) THE WITHDRAWAL OF CO~
Petitioner. ) PETITIONER, CITY OF
) ASHLAND
8 Comes now the above-named Co-Petitioner, City of Ashland,
9 and moves the Court for its Order of its withdrawal from' the
Appeal of this matter all to be to the same effect as though
..
it had not originally joined in the Notice of'Appeal nor joined
in the Brief that has been filed in this matter.
Dated this~day of June, 1990.
r;z~f ~. .Qf/ r--
-kONALD L. SALTER lj
Attorney for Petitioner
ORDER
IT IS SO ORDERED.
Dated this____day of June, 1990.
-
WNALD L. SALTER Motion for Order
ATTORNEY AT LAW
... TMIID ITaIET
,SHL""O. OUGON 17520
.......----
~~';~:.: ~~ i' ~ '.
. =:ld.~'
. . ,::~~l~'
23 June, 1990
Dear Mayor and Ashland City Council members,
I believe that it was during the late 1960's that the City -of
Ashland adopted a very special sign ordinance. Of all the city
"beautification projectsll since that time, the sign ordinance
continues to be outstanding in making this city uni9ue. When one
enters Ashland, it is obvious that there are no gaudy, obnoxious,
nor neon signs;' the sign ordinance has maintained a natural
beauty within the city without causing problems for visitors in
finding their destinations.
Please, please do not change the sign ordinance; it is serving a
fine purpose and will continue to do so!
Thank you for your consideration.
L.d79 ~~-'~
Betty Jo Reynolds
505 Helman street
~~j,i~~~;, ~;
.~~~, -..~; .. . . ~ i.\~.'!r,:::,r'
//
~emornndum
June 28, 1990
-
ijI 0:
JIf rom:
Brian Almquist, City Administrator nl
Steven Hall, Public Works Director 4 f{\ .JJ -
~ubjed:
Public Hearing -- Easement Sale
ACTION REQUESTED
City Council conduct public hearing for sale of easement for dam
and pipeline on tax lots 100 & 400, 39-1E-9BB and:
+ Determine that it is necessary or convenient to sell
the real property or any interest therein;
+ Set the value of the easement at $10.00 and;
+ authorize City Administrator to approve a deed removing
the easement from the property.
BACKGROUND
Mr. Lloyd Haines requested the City of Ashland to remove an
easement from tax lots 100 & 400, 39-1E-9BB for an irrigation dam
and line.
Ron Salter has determined the process required for the sale
(vacation) of the easement. See his letter of 8/11/89.
The City no longer has need of the easement because the
irrigation facilities have not been used nor will the facilities
need to be used by the City in the future. See Jim'Olson's
memorandum of 12/1/89.
The value of the easement cannot be determined because the legal
description does not have any dimensions and was evidently tied
to facilities existing or constructed in 1942. The City paid
$10.00 for the easement. In general terms, an easement is worth
about 10% of the land value.
The City Council, by formal motion, set the public hearing for
July 3, 1990.
-
Public Hearing -- Easement Sale
June 28, 1990
Page Two
SUMMARY
+ City has no use for the easement.
+ Staff recommends sale of the easement.
+ Legal process outlined in ORS 221.725 has been followed.
cc: Jim Olson, Assistant City Engineer
Lloyd Haines
encl: Map of land
Haines letter 8/9/89
Salter letter 8/11/89
Olson memo 12/1/89
-
.~~
i'i -)/ ;~') ~;(')_' \- --. [r'i'.,;'c '" {<
''\' {) / , '. ( r) l r ()
\() '/) '\\(j) ',' \'.ell ~11.~'.1 \\r'
/' ) l,., \ 'i':/"I
// r r /) . ..~ ': . .;J -
\ '\\( (,\ ~"/I )" ;.:; (\ \,.J [) :,I, ~) "/ '
~ )( ~ r ) ;:~\\I'.()) ...J __._.::2/!'~.:'/ '..._ _
~. \ <\~\~~ ~~ <. '~'"f:{)-' =-~~- ~--- .7. )',: ,;, '
<1 C') ~ " I ;:n7 t ,,\. {0/' 00 1 S .I,. (. (/
t.- 0 ' - -- - . \ ... ...- \\:) .J
lfI 0 ~ 0 }: i: (;(,' , ".r -.(~:..../" ~ .:..-/ / V.3C I.'
~I~ 'I ~~!C~$~j\J~::::'~._.-___.____. -. _n~'.'.~"-:_----
;;>~~',',~ ~ - \_ _.. _. ~__ _ ._-- -- ---- - _ r~~._',.);\) --~i....\ I,pl ';". ','
;; ~~" \ ,. \ 0) ':'/'" ~ li --._. . _ (?_ \;hb-')
I} Y '":', ':) " - -- ... 0'eY-;-,- ::- _~' .- - > I\'-~~~~~~. - .. . ~ . ~.' ,. '. 0 : ' I
Ii- 'v"'- ( "I ~ /(S-,lr) &--:'1('.' \ - ....._~ I I 1"
/ /.,.' \ 'i! -'-..> ;C> "t (; l~ "'\ ,; \ ~o.. ~":25.. OO'J " . '.. '0 \ \ ,
/ / /\' .f, " ' , , '. rr-~/,' /'--"~\ ,:....... .. · '
/ / / ')X~) , cf) \) J/ \ '{.J' (:i: cr' ,\\ ., ( "'\'
'~,~\:~;p _/" 1^;>\/c\\)(~ s/);;\ ,;!':-..r~ ,9;~.,o~, 9",'~>~~~~/ ~~i~~S\~~~,j:~{lj r'
I \ '~I '"," 4. ~ C ~., " '11 ('\- ,J / -;, ':...' .-- . y -.. 5\ (J'
~ I ..J;j~ ' I /"--..... />< . I J " ...,,/ - ;10.. ...... ., 0" c!/3' I ," _,.;J " -' r r: 0 ( 3. ,
/""~ .i... ,I '" \ f/ ,\. ("/ 0' __ !.?, .... oj ?';'t \
" ~ ~~ ~4'(_" p!~Q:?1J~" ] /~ >;.' '~l~~"\,,_(/;,J:
'.:,' i\~~~p ">)~,-f!~] (,.j'~" ~:.. / "rp/;?p2- ; d'}/V ~/\'Y~I ':~;:, / \ /2,,'\"~:I"(,..',',lJr;~,'
-......, ~' (..FT' "'. I ;'\ , ,j'.5 ':-'-./.:'" fI,lJ 10 / ./ \
....-/'........... /' t/....... '>..) I'~. /'" I' <: ". \
,!v,' ......?:.' 0 l't>:. ......... 1/ '0.'3,;:, ;' t<> "D~ \~\\~.' ,.(.::~\\ \".'1.' .
/') ~;:-.:..:........ l,vJ ./\~\ "'-.... / /,' .>' \, {I" /' '- \~>, .
, ~j,,%/P > < .y.1 ~~( <;,rP I //~~ ". ~~ .' 'l'OO / \", .-J'\~:, - ;".~'; ,';/)\1'
/ ~'- /0', I~ '/ // '.., ( '$'" /' ~O' \ p,,,o.. I I:
t;'>""",.. ')./ ,~: i..J,.r....\ ~'>,.' :\ ./~ \;:- (/) (l \--'- . "'-.,. .; "^i! V,,"'"
'. " "I): ........... I/,~l ,~l ',' -" rf) .-" /' r f \ -~~\ J
I,
I.
f'
\j,
~.
(!)
.. /
t~ 'j
I,! (j{
')
,
\)
\:::
trf)
~)
..) 0=0
...~
~J~ .~ <... -cLQ ~?~._'-:-
('. It ~(f) I
~.I Ii V' -{',
....... :j~ d
, ) <~)
V Qj
. --- ... --q~-,~/ .::~~..
(~'J.__
>0'
{ ''';J
\;
'I
"
'J
'.
j
/
/
>
0/
c,
\',
I
I
~, .
C 4~:
~
'"
f", f"
~'.. J
"'./ '"
'~~,
....
....
(/' ') .!41J)
I
-{)
I(
~
^J~
......
"""',.
"'~
"
\[)
'"
- <'':~:~.'. ,
"-......
.....(1 . --..........
&', C. s,. ----.
.. (Jj....Al r
(\3......'.,.... .
<sP
I
I
I
I
I
I
I .'-
I ~.
. \
,~ I
I ((.
~)
3./1"
. I
f')
.01.
0'
(')1
VJ!
I
~--
-------
"- ~ ,
I ... / ::--. - - ...., /:) 7-- ,
.t. j / ., -.. ....... "
....... I ~; ( -
I ~~ b I.:"
,r~t1.ff~)':>~.;'; ,
"u.
, :,!?j:!,:-
...
"
;
\.
:~ .' ~\
t " .'
;;--.
i.'
l.
I'
u
( 0'
(
l'
~ " \
C'
~,G; l
\;
\
~
....
~.\
<~\
,. ," t
\
\ \
~ ~.i ~1 ~ ;'1,
b" ~ ~ '.j
\~. . '
Q.
(.. ,
(.
/ ] ,
i} r'6P
, ;,} , ;:1
\' ,OJ t"
. -k~ _,~}~'..o
3-(~:_,.,,,.,..""' f
,"
.I j
~'... ~~i"4'
:~~,....:..._ '.'~~''''''~_Io.:-' -;-'.1. '...~... _.:: '0: ~~. '\.~":"!' .'
.:.;..... "...MJ..}:.;....r
;;--
C I T Y
o F
ASHLAND
.~. .~.!t;Z...
. i.~..'~' ~'_~~o
.~ ..... r.... t;,;~
. )- '0- \_.
1 ". ~ .,. ..,
..,.~!~~~l; ~).;
.\ "~1' 1 :
'\. \_ \00'.._ .
~>f~~~~. .:
C IT Y
HA L L
i...1- ~~
ASHLAND, OREGON 97520
telephone (code 503) 482.321 1 .
August 8, 1889
Mr. Lloyd M. Haines
Attorney at Law
1257 siskiyou Blvd.
suite 232
Ashland, Or 97520
RE: status of Easement
Recorded in Volume 258
Page 315, J.C.D.R.
Dear Mr. Haines:
The easement granted to the city of Ashland by Medford Ice and
storage Company on August 19, 1942 and recorded in volume 258
page 315 of the Jackson County Deed Records has been out of use
for quite a number of years. The city can foresee no need for
the easement presently or in the future and will begin the process
of vacating the easement as soon as possible.
If you have further questions please feel free' to call at
488-5347.
~SincerlY~/~1
()~ 0---. 'KJV I
James H. Olson,
Assistant city Engineer
--'
cc: steve Hall
Dennis Barnts
Ron Salter
-
.:..--
~tmnrandum
June 27, 1990
...
ijf 0:
JIf rom:
Brian Almquist, City Administrator '\ I
Steven Hall, Public Works Director ~:M~
~ubjed;
Proposed LID Public Hearing -- Orange Avenue,
Helman to Laurel Streets
ACTION REQUESTED
City Council conduct public hearing and:
+ adopt attached ordinance forming LID or,
+ modify and adopt attached ordinance forming LID. .
BACKGROUND
On May 15, 1990 staff presented two options to the Council for
improvements to Orange Avenue between Helman and Laurel Streets.
Agreements for 63.7% of the front footage have been 'received for
constructing 1/2 the street and 44.3% for the full street.
Council directed staff to prepare documentation for improvement
of the full length.
On June 19, 1990 Council adopted a resolution of intent to form
the LID and set a hearing date for July 3, 1990.
\ The total estimated cost of the project is $59,422.60 or $50 per
front foot. The estimate includes one 4-1/2 foot sidewalk to
meet Council intent to provide sidewalks on all new streets.
The total width curb to curb is 36 feet which provides two 10
foot lanes and two 8 foot parking lanes which meets. AMC 18.80.020
for lane width and parking for a residential street in new
subdivisions.
SUMMARY
+ Council has approved resolution of intent to form LID.
+ Council goal is to bring all streets up to current standards.
+ Staff recommends approval
encl: Ordinance
Map
Estimate/assessment information
~. '
"~Jg~~"1":' ,
l.: 0
~ r-
r-
ot III
,. I
-, It 6 '" ~
~~ '\I
.J ..' : "
.. ~
1 - <:-:'- -
'0
. , 0 ~ ..... <> 0
~ ~ .p
U> \P
~
.o~ .0F .~
.L33~.LS
., ~ B .0' ,"PI
,";" .
0
).... 0
- ~ 4'
'" .
"'t~ I.;
. ""
.. ~-- : 0
o . :'.,
'Z: 0, 0 IDO
~ . of) '4 ~
0) ,-'
f"l..r.Jl'$
'[]:i
U
~
-
en
ro
" . .'
, .~>- '-, \:>.-. .;,.' ".:
. - . '.' '. - "... . .. .
.: ,,:,. ':u...e...... ': '."
.: ., .,. . '~
. . . . .
'. .
o
o
CD
G.,gS .~.s'
;; ~l- . '
I ' . .
o
o
.~
/.,.
. '. \' ,
~~.
". I
~ ...t!i~i1 i~
\
tJ' .u
II) C)
" Q)
or;
'" 0
.. ~
.... 0 p..
0 0 0 ~
0 H
0 0 0 0 0
-<D en H 0
CD It) M .u
.S'S" .~. ~ -~
r'rc r, 0 :::> II 8
:2; z .~
.NV~13H ~ ~ H.
e" :> M
~ <
, .-l ClI
~ M
IS'. ~ I e" ct1
Z 0
~ en I
~~;,( , 0
0 01 0
0 - ,~
CD
at)
0 0 f-
a OJ 0 - -
~ ~
It) ~ 0 r-
_..~~. CD
... ILl
., . '.
. . .' W
. . "
Q Q ... a:
. '. .- '"
- Q Q, Q
- 0 0 . . '" .. ,...
.... 0 L
,....~ ~
... .. en
,....
,....-
",
.
;'0
~In
...
o
~
a
o
CD
~
t<l
C)~Q
Vl~",
...
0,
o
0) "
~
~ ~.~i;.'\\ ',.
...
o "
~
o , .: .".
o . . .
10 - '. . .
It') -. ..... .'
..','
~
,)
'" ,
.(
to
~ E#- '-I-V
, "." ~ ~~ ,.' .'
~ ~ -~~.' .
... ~ (:.I"ct. J'~lj
.. r- II- 'rl-r,
. ~ ~ .s C "L, . ~ ~ l ~
, '-.~"-
I ~ 0
"Q 0
o ~"o'
Q 't. N
~ ~ '''l
at)
, ~'6" ~ ,$t'f'
o
-
~
o
.' . t I
~
. .', ..'
~
~ ?
r ~,
,..,~. b -; ;:
o Q
~ ':-'..
, 'II
.' . Q
, .: c)'
a ."
a~' ::'
.n
.. . -, ..
, I r-'L .,
J.33CJ1S
,S 'rl. ,Og . '.., ,~+~I
-
," ~ '\ <) <) _0
0 ~ .. ' ~~
.... ~
'\~~~ ,05 8 8 '6 ~
~. Q! ~.
~
.~'...EI .'
-;
..~ "
~
() ~
~~'';:ili5.' "
mo:
JIf rom:
J&ubjtd;
:.. ,~: ~~.. !;}H;:&1Uj~7'~1~
~ft>:'~;~-"~:!.~
~emornndum
June 19, 1990
-
Steve Hall
Enginee~~~
ORANGE AVE. IMPROVEMENT REVISED ESTIMATE
James H. Olson, Assistant City
Attached is a revised estimate for the improvement of Orange
Avenue from Laurel Street to Helman Street. This estimate
is an update of the 1986 estimate and includes a 4.5 foot
wide concrete sidewalk as directed. The cost per foot rose
by $12.00 from $38.00 to $50.00 per foot. The addition of
the sidewalk adds $5,700.00 to the project or $6.37 per
front foot or a little over one half of the increased cost.
r~u~ ~ ot, ~
..
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION
ESTIMATE FOR
STREET OR ALLEY IMPROVEMENT
:..---
Str~et:
ORANGE AVENUE
LAUREL,TO HELMAN ST.
Est ima t e By: G. J. R.
Da te: 05-18-90
Limits:
GENERAL INFORMATION
Length of Proj ect 625 feet
Width of Street 36 ft. c. to c.
Pavement Design 4~" = 0.375'
A. . ESTIMATED CONSTRUCTION 'COSTS
Total Estimate
$ 49,528.00
B. OTHER (list)
$
$
$
$
$ 49,528.09
$ 9,905.60
$ 59,433.60
c. TOTAL
D. ENGINEERING @ 20%
E. PROJECT TOTAL
F. TOTAL ASSESSABLE FRONT FOOTAGE OR UNIT OF ASSESSMENT
1205.44
G. ASSESSABLE COST PER FRONT FOOT OR PER UNIT OF
ASSESSMENT
$49.30 use $50.00
per foot
..
-..---
I~::~~~~ .
.; . i!,~i!~~.~...:~:' i:.{ir~:'ur 'AS'tU.~AAU : ':,':N:;,.:
BID SCHEDULE
Street .Improveo~~t Project
Location ORANGE AVENUE
Page ~ of 2
ITEM UNIT
NO. ITEM PRICE AMOUNT
1. Si te Work Lump Sum $ 1500..00 $ 1,500.00
16.00/CV ,..
2. Excavation & Subgrade Prep. 370 C.V. I 5,920.00
3. Class "BII A.C. Paving 575 Tons 40.00/TonJ 23,000.00
~
4. Watering 10-1000 Gal. .----.
Un its 50.00/Unit . 500.00
5. Adjust San. Sewer Cleanout 2 Each 200.00/Ea. 400.00
-
6. Adjust Water Val ve Vaul t 3 Each 150.00/Ea. 450.00
, . . . ,
7. Cone. Curb & Gutter 1250 L~F. 6.00/L.F. 7,500.QO
. 8. 1211 Stann Drain 115 L.F. 18.00/L.F 2,070.00
~~. Curb Inlet I 2 Each 650.00/Ea. 1,300.00
10. 12" D. I . P . ( I r ri gat ion) 54 L.F. 22.00/L.F 1,188.00
11. 4.5' Cone. Sidewalk (One side) 2850 S.F. 2. OO/S . F', 5~700.00
..
\
TOTAL AMOUNT OF BID ~ 49,528.00
COHP.~ : DATE:
BY:
:"'':':}<~j
~ ;~.; I.' :~ ":
',.' .t:<\..~.I...."'ifJIl"I"~';,'o;,,.. ,"\:.
BEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF CONDIDONAL )
USE PERMIT AND SITE DESIGN )
REVIEW AUTHORIZATION FOR THE )
CONSTRUCTION OF A SEATING )
P A VaION AND APPURTENANCES )
FOR THE OREGON SHAKESPEARE )
FESTIVAL )
PLANNING ACTION 89-149 )
)
Oregon Shakespeare Festival: Applicant )
FINAL ORDER
RECITALS:
1. Lot 100 on Jackson County Assessor Map 39-1E-09 is located at Pioneer and Hargadine
Streets. The property is zoned C-I-D, (Commercial-Downtown Overlay).
2. The applicant properly applied for Site Review and a Conditional Use Permit to allow
construction of a seating cover over the Elizabethan Theatre exceeding the normal 40 feet
height limitation of the C-I-D zone. The application was deemed complete and accepted for
, teview by the city.
3. The criteria for approval of a Site Review application are in Section 18.72.050 ALUO. The
criteria are cited and findings for the criteria are contained in the Findings of Fact and
Conclusions, attached hereto as Exhibit ' A.' The criteria are:
A. All applicable city ordinances have been met and will be met by the proposed
development.
B. All requirements of the site review chapter have been met.
C. The site design complies with the guidelines adopted by the city council for
/ implementation of this chapter.
FINAL ORDER FOR APPROVAL
Page 1
Planning Action 89-149
, Z~;:~.T""~,,
~ :'.;;:-.;
.' -
4. The criteria for approval of a Conditional U'se Permit are in Section 18.104.040 ALUO.
The criteria are cited and findings for the criteria are contained in the Findings of Fact and
Conclusions, attached hereto as Exhibit' A.' The criteria are:
A. The proposal is in conformance with the comprehensive plan.
B. The location, size, design and operating characteristics of the proposed development '
are such that the development will be reasonably compatible with and have minimal
impact on the livability and appropriate development of abutting properties and the
surrounding neighborhood.
C. In determining the above, consideration shall be given to the following:
1) Harmony in scale, bulk, coverage and density
. 2) The availability and capacity of public facilities and utilities.
3) The generation of traffic and the capacity of surrounding streets.
4) ~ublic safety and protection.
5) Architectural and aesthetic compatibility with the surrounding area.
5. The llistoric Commission, following proper public notice, considered the proposed theatre
project on March 7, 1990. By majority vote the llistoric Commission forwarded a favorable
recommendation to the Planning Commission.
6. The Planning Commission, following proper public notice, held a public hearing on March
14, 1990, at which time testimony was received and exhibits were presented. By majority
'vote the Planning Commission approved both land use applications subject to a condition that
building permits be obtained before the start 'Of construction. The Final Order of the Planning
Commission was approved and signed on April 1 0, 1990.
---:::>
7. On April 25, 1990 the City of Ashland received a letter from Sharon and Philip Thormahlen
dated Apri124, 1990 appealing the decision of the Planning Commission.
8. Th&City Council, following proper public notice, scheduled a public hearing for May 15,
1990 at which time the public hearing was postponed to provide opportunity for updated
comment from the State llistoric Preservation Office.
9. The City Council, following proper public notice, held a public hearing on June 5, 1990 at
which time testimony was received and final action taken on the permit applications. By
majority vote the City Council approved both land use applications subject to conditions
hereinbelow set forth.
FINAL ORDER FOR APPROV AL
Page 2
Planning Action 89-149
r.:'ifK
~~~~:;~~j:.,' ,
:-',":io.
::~,;:
SECTION 1. EXHmITS
For the purpose of reference to the Findings of the City, the attached index of exhibits, data,
and testimony will be used.
Staff Exhibits are labeled with an'S'
Proponent's Exhibits are labeled with a 'P'
Opponent's Exhibits are labeled with a '0'
Hearings Minutes, Notices, Miscellaneous Exhibits labeled with a 'M.'
SECTION 2. CONCLUSORY FINDINGS
The Findings of Fact and Conclusions of the City Council supporting approval of the two
land use permit applications are contained in Exhibit 'A', attached hereto and made a part
hereof.
NOW, THEREFORE, the City Council of the City of Ashland finds and concludes as follows:
SECTION 3. DECISION
3.1 Based on the record of the June 5, 1990 Public Hearing on this matter, the City Council
concludes that the proposed Elizabethan Bowl project allowing a structure in excess of 40
. feet but le'ss than 55 feet in height is supported by evidence contained in the whole record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of
the following conditions, we approve Planning Action 89-149. Further, if anyone or more
of the conditions below are found to be invalid, for any reason whatsoever, then Planning
Action 89-149 is denied. The following are the conditions and they are attached to the
approval:
1. That the applicant receive a building permit prior to the commencement of construc-
tion
2. That the architectural. plans be approved by the Advisory Council on Historic
Preservation.
~"
3. Upon completion of the Seating Pavilion Cover as illustrated by the plans and
. specifications in Exhibit 'P-2', the activities conducted within the Elizabethan Theatre
~hall comply with the noise regulations of the city.
FINAL ORDER FOR APPROVAL
Page 3
Planning Action 89-149
:,...r<!'....~...
-t,~"
Dated this _ day of
, 1990.
Catherine M. Golden
Mayor
Nan Franklin
City Recorder
~-:-::-:.-
-
FINAL ORDER FOR APPROVAL Page 4
Planning Action 89-149
~ ;," .'~'~;~
.. ,'.;~;;yt.:~
LIST oi... EXHIBITS FOR I'LANNING ACflON #89-149
Staff .Exhiblts, lettered with an "S"
, Proponents ExhibJts, lettered with a "P"
. Opponents Exhibits, lettered with an "0'.
Notice~. Hearing Minutes and Mi~cellaneous Bxhibhs. lettered whh 8n "M"
Planning Comrnlssion Findings ffOOl March 14, 1990. J11cetil1g.
Planning Staff H.eport, March 14, 1990.
Sound Readings, 80 Hargadine St., taken by City Staff.
Findings and Orders of Ashlund Planning COl1ullissiol1 9/13/~9.
Applicant's Proposed Findings of Fact and Conclusions.
Applicant's Site Plan, Architectural Elevations, Specifications. and Site
Planning Infornlatiofl.
Downtown Ashlnnd AutoCAD Site Plan with Building IIeighls and
Photograph Station Points.
Photographs of the Site and Surrounding Area with Slulion I'oints for P..3
l)hotograph~.
1989 Shakespeare Bcononlic Inlpacl Statement.
Ashland llistoric CotllJnlssion Minules: Septcmber 6, 1989.
Noise Control Engineering Journal, Scptenlher-October 19R2, pagcs 41~47.
Site Photograph with Overlay of Seating Cover.
Letter and Resunle frum. Lawrence Kirkeguard.
Letter and IteSUJlle from Ian MacLeod with !Jefinitions of Mansard Roof.
1989 Oregon Shakespeare Festival Annual H.cport.
Architectural Elevation of Proposed Scatlng Cuver in relation to the
historic Chautauqua l)onlc.
'.,: ;':
',~':~~~~~:' ".'. ".; -
.~"c.'~;.! "'" "'~!i'\'fj,>
.
"'" · P-13 ---
t, '\
P-14 ---
,--
1'-15 ----
1'-16 ..--
e
1-- P-17. -.-
G.. )'.18 ---
()..t -..
0-2 .--
-
0..3 -..-
M - 1 ......~
M<! ....
M -3 ---
M -4 ..--
M..S ---
M-6 ~..-
M-7 ...-
M-8 ---
M-9 -...
M-10 .-.
M.l1-..
Photographs of the site in Years 1916, 1935, 1947, and 19.57.
Letter and Rcsllnlc fronl Jinl Sales regunJing Site Lighting.
Lighting Angles Study.
Photograph of Color Rendering of Project.
Applicant RebuUal of March 14, 1990 leller from Sharon 'l'honnahlen.
Footnote from 'rhe Fe~tlvlll SL~ ^ llistury of the Ore8ol1
Shakespearean Festival, by Verne Willian\ Oyler, Jr. (copyright 1971).
Letter fronl Sharon and IJhilip rrhOrJllahlen appealing PA89-149.
Letter fronl Sharon Thortllahlen to Ashland PlanningC0l1ll11ission
concerning PA89-149.
Letter fronl Philip and Sharon rrhormahlen requesting a hearing before the
Ac;hland Planning C0111n,ission for PA89-149,
Notice of l'ublic Hearing before City Council, May 15, 1990.
Letter fronl David W. }>ower~, Deputy State llistoric PrcscrVHliol1 (>fficer,
to Paul E. Njchol~on, General Manager OregonShakespeure Festival.
-
Letter fronl l)aul E. Nicholson to J(ltlle~ M. IlaJ11Tic:k, l'reservutioll
Specialist.
..
Letter (rolll Janlcs M. Halnrick to Susan H.eid, Ashland City Council.
Letter fronl Shirley Kloss to Ashland City Council.
Approval Letter from John McLuughHn, A~soclatc l'lunner dated April 12,
1990.
Ashland l'lann{ng Commission Minutes from March 14, 1990.
Ashland Ilistoric COlnlllissiol1 Minutes fronl March 7, 1990.
Letter from Janles llamrick to Robert A. Scholl, l)cvclopI11enl J)irecior .
Oregon Shakespeare Pestival.
Notice of Public Hearing before the Ashland l'lanning COIlUllissiot1, March
14, 1990.
Affidavit of Notice.
. . .
.. .
:' r:;T:"':"l,:O;__'~~. .~:_'~
r.~~,.:~~.... -
M-12 ---
M..13 ---
M-14 .-.
-~
Planning Application FOrlll.
Letter from Paul Nichol~on requesting postponement ur PA89.149.
A~hland. J-listorlc C0l1l111ission Minutes frorn Scplcnlbcr 6, 1989.
-
..
: " ....., ".~.
;.', '.\~:\."
. . -~<-:?".
. ,.",,'"
BEFORE THE CITY COUNCIL
OF THE CITY OF ASHLAND
COUNTY OF JACKSON
STATE OF OREGON
IN THE MAlTER OF CONDmONAL )
USE PERMIT AND SITE DESIGN )
REVIEW AUTHORIZATION FOR THE)
_,- CONSTRUCTION OF A SEATING )
PAVILION AND APPURTENANCES )
FOR THE OREGON SHAKESPEARE )
FESTIVAL )
~LANNING ACTION 89-149 )
)
Oregon Shakespeare Festival: Applicant )
FINDINGS OF FACT
AND CONCLUSIONS
Final Order Exhibit' A'
-
I
PROJECT DESCRIPTION AND OVERVIEW
Property Location and Description
The subject property is defined as Tax Lot 100 on Jackson County Assessors Map
39-1E-09. The entire parcel consists of approximately 70 acres containing the project
site and Lithia Park. The project site is situated on a small portion of the northeast
corner of the parcel between Winburn Way and Pioneer Street behind East Main Street.
The actual project site, with the exception of adjacent restroom improvements, is
confined to, the area within the existing Chautauqua concrete wall and Elizabethan
Theatre stage.
; Land Ownership and Authorization
The land is owned in fee simple by the City of Ashland. The project site is leased from
the city under an agreement dated August 29, 1969. The city has authorized the Oregon
Shakespeare Festival to apply for permits needed to complete the project. As such, the
City is the owner of record, and the Festival is the applicant Craig A. Stone &
Associates are the authorized agents for the Oregon Shakespeare Festival.
Scope of the Project
The project is a +/-$6 million renovation and remodeling of the existing Elizabethan
Theatre. The project includes the following items:
· Removal and relocation of existing seating, and constructing a cover over the
new seating area and appurtenances. The number of seats will not change
significantly. There are currently 1,194 seats. The new facility will have
CITY COUNCIL FINDINGS
Page 1
PA 89-149
~ . ~~ i.) r'ffj:~' .. ' .
... ;.,. .,' " ...
4' .'.;;'; ;
r ,'.' ';.~~rt;t. '
. . . ~~:~~ ~
between 1,185 and 1,200 seats, at maximum an increase of six seats, or
one-half of one percent the existing capacity. The final number of seats will
be determined precisely through final architectural design processes.
· Removal of the two existing large concession booths within the Chautauqua
walls.
· Remodeling and enlargement of the existing women's restroom for use by
men, and replacing the existing men's restroom with a new women's restroom.
· Construction of a replacement secondary stage for the Tudor Fair/Green Show
. between two of the four now existing concession booths located adjacent the
Chautauqua wall.
· Removal and relocation of an existing concrete retaining wall located behind
the new women's restroom.
· Removal of the existing control room structure and lighting towers, and
relocating lighting equipment within the upper roof structUre of the new
seating cover and in new lighting towers.
· Installation of brick paving and landscape areas in place of existing asphalt
surfaces within the area between the existing Chautauqua wall and rear of the
new seating area.
----::::..
· Construction of an addition to the basement of the Elizabethan stage house
under the new seating risers equal to approximately 2033 square feet, to
provide tunnel entrances for the actors.
-
Purpose and Intent of Land Use Actions
The purpose of the project is to enhance theatre acoustics to enable patrons in all seating
locations to more' clearly hear the performances, and to attenuate noise emanating from
the theatre which now causes some impact to surrounding properties. Secondary
, purposes of the project are to expand and improve public restroom facilities, and the
overall appearance of the facility.
Theatres are an outright permitted use in the C-1 district under Subsection 18.32.020(0)
ALUO. Buildings greater than 40 feet but less than 55 feet high can be pennitted as a
conditional use under Subsection 18.32.050(B) ALUO. The project proposes building
improvements with a maximum height of 54'-11". Therefore, conditional use
authorization is required.
Under Section 18.08.290 ~UO the proposed seating cover is classified as a mansard
roof, the height of which is measured at the deck line. Under the ordinance, the "height"
of the structure is 45'-6", exceeding the 40 feet height limitation of the C-1-D district
and prompting the need for conditional use authorization. Refer to Exhibit 'P-I0 .'
The project also requires site design review under Chapter 18.72 ALUO.
Joint applications for a conditional use permit and site design review are herewith filed.
CITY COUNCIL FINDINGS
Page 2
PA 89-149
... . .,~ .:'~ ' .
'~:~i;'.'f;',',.,
The fmdings of fact herein presented provide the basis for approving both applications.
Standards for Approval and Burden of Proof
The criteria for granting conditional use permits are in Section 18.104.040 ALUO.
The criteria for granting site review permits are in Section 18.72.050 ALUO.
n
APPLICABLE LAND DEVELOPMENT ORDINANCE REQUIREMENTS
----Section 18.32.040(A):. Area, width, yard requirements: There are no applicable
requirements in the C-1-D zone. The front yard area is between Pioneer Street and the
subject use. Front yard setbacks are exempted. During the public hearings opponents
argued that the setback standard of the C-1-D zone was violated through
misinterpretation of the number of stories. The stated objection have as a basis language
in Section 18.32.040(A) ALUO, stating:
Area, width, yard requirements. "There shall be no minimum lot area width,
coverage, front yard, side yard, or rear yard, except as required under the Off-Street
Parking and loading requirements and Solar Access chapter; except where required or
increased for conditional uses; and except where required by the Site Review chapter
(18.72) of this title; and except where abutting a residential zone, where such
setback shall be maintained at 10 ft. per story for side and rear yards." (emphasis
added)
The City Council finds that Pioneer Street as it passes by the theatre is the front yard
area. The above cited setback requirements apply only to side and rear yards, not to
front yard areas. Additionally, assuming the Pioneer Street frontage were found to be a
side or rear yard,. which is not conceded, the proposed structure meets the setback
standards based on the facts of the case and the ordinance definition of "Story" foundin
Section 18.08.740 ALUO arid cited below:
. Section 18."8.740: Story: "That portion of a building included between the upper
surface of any floor and the upper surface of the floor next above, except that the top
story shall be that portion of a building included between the upper surface of the top
floor and the ceiling above. H the finished floor level directly above a basement or
cellar is more than six feet above grade, the basement or cellar shall be considered a
story. "
As illustrated in cross sections of the proposed structure, (Applicant's Exhibit 'P-2'),
there are only two or three possible "ceilings." There is a distance of 63 feet from the
existing edge of Pioneer Street to the nearest point of the proposed seating cover. Under
even the most strict interpretation of the ordinance a 30 feet setback is required, and 63
feet are provided.
Section 18.32.040(B): Maximum building height: No structure shall be greater than
40 feet in height. (C-1-D zone). Refer to Section 18.32.050(B) ALUO, below.
Section 18.32.050(B). Structures which are greater than 40 feet in height, but less than
CITY COUNCIL FINDINGS
Page 3
PA 89-149
1,,\'~i~~' .
,.,' . ::<..' . ,f;~;:~?"..
55 feet, may be permitted as a conditional use. The height of the building is 45'-6" as
defined by the Ashland Land Use Ordinance. .
Section 18.08.280. Grade or Ground Level. The average of the finished ground level
at the center of all walls of the building. In case a wall is parallel to and within five feet
of a side'Yalk, the ground level shall be measured at the sidewalk.
Section 18.08.290. Height of Buildings. The vertical distance from the "grade" to the
highest point of the coping of a flat roof or to the deck line of a mansard roof or to the
average height of the highest gable of a pitch or hip roof. Applicant's architect, Ian
MacLeod, has determined that the proposed seating cover is a mansard roof in the
framework of how roof types are classified by the cited standard. Regardless of roof
type or method of measurement, the highest point of the roof from grade is 54'-11". As
mentioned, the building height, as defined by the Ashland Land Use Ordinance is
45' -6".
~'Section 18.68.040. Yard Measurements. All yard measurements to and between
buildings or structures or for the purpose of computing coverage or similar requirements
shall be made to the building or nearest projection thereof' and shall be unobstructed
from the ground upward, except that architectural projections may intrude 18 inches into
.lIte yard requirement. Setback or yard requirements are not applicable.
Sec~ion 18.72.090. Landscaping Standards. The site is part of Lithia Park, a richly
landscaped public park. The actual project site, while more "developed" than most other
areas..of the park, has significant landscaping. Additional landscaping is planned within
the walled area of the building site. Existing landscaping of the general project site and
subject property in general meets the 10% minimum landscaping requirements of the
C-I-D zone. All landscaping is irrigated. To the extent the city determines that
additional street trees along Pioneer Street are required, applicant will stipulate to their
installation consistent with city requirements. The City Council fmds and concludes
that additional street trees in an area with abundant existing vegetation are not required"
Section 18.72.110. Light and Glare Performance Standards. Planned lighting
, improvements consist of stage lighting to be located in the lighting gallery within the
planned new seating cover, and on new stage lighting towers. The lighting will be
, directed only at the stage area. Lighting spill will be no greater than at present.
ITI
'CONDITIONAL USE PERMIT STANDARDS
SECTION 18.104.040 AZO: CRITERIA: A CONDITIONAL USE PERMIT SHALL
BE GRANTED IF THE APPROV AL AUTHORITY FINDS 1HA T THE PROPOSAL
CONFORMS WITH THE FOLLOWING GENERAL CRITERIA:
A. THE PROPOSAL IS IN CONFORMANCE WITH THE COMPREHENSIVE
PLAN.
Findings: Conformance with the plan is found to exist. Refer to Section V of this
document.
CITY COUNCIL FINDINGS
Page 4
PA 89-149
" ~ j -,
, ..~~~~"~', '. ,.
,,' ' ' '\'~'f!;
. ~~~.
B. TIIE LOCATION, SIZE, DESIGN AND OPERATING CHARACfERISTICS OF
THE PROPOSED DEVELOPMENT ARE SUCH THAT THE DEVELOPMENT
WILL BE REASONABLY COMPATIBLE WITH AND HAVE MINIMAL,IMPACf
ON THE LIVABILITY AND APPROPRIATE DEVELOPMENT OF ABUTTING
_"PROPERTIES AND THE SURROUNDING NEIGHBORHOOD.
Findings: The location and operating characteristics of the theatre will not change as a
result of the planned improvements. The size of the theatre, in terms of seating, also
,--:will not change. The size of the structure will change by virtue of covering a portion of
currently uncovered seating area. The City Council fmds the design of the project is
compatible with the architecture of other Shakespeare festival buildings located in the
immediate vicinity.
As tothe concept of livability, the City Council finds that CUP Standard 'C', cited and
addressed below defines the qualities and characteristics which determine livability
under the ordinance. More specific fmdings are presented under CUP Standard 'C.'
During the public hearings opponent~ argued that prevailing and continued all-day
theatre activity overwhelms abutting residential properties and deprives them of the
quiet enjoyment of their neighborhood in violation of CUP standard 'B.' As covered in
other portions of these fmdings, no change in the capacity or operation of the theatre
facility is contemplated by the physical changes proposed by the joint applications.
Noise impacts which currently exist will. be mitigated by 10-20dBA according to
Applicant's Exhibit 'P-9', and through the approval condition requiring applicant to
meet city noise regulations. The City Council finds these measures will lessen noise
impacts and cause the theatre' to meet the same noise standards governing all other
segments of the community.
C. IN DETERMINING THE ABOVE, CONSIDERATION SHALL BE GIVEN TO
THE FOLLOWING: .
1) HARMONY IN SCALE, BULK, COVERAGE AND DENSITY
Findings: In plan view, the scale, bulk, coverage, and density of the seating cover is
consistent overall with those of the Angus Bowmer Theatre located adjacent thereto, and
. with other buildings in the adjacent and nearby downtown area. As illustrated by the
city's AutoCAD site plan of the downtown area, upon which the new structure has been
superimposed, the "footprint" of the seating cover is similar in size to many downtown
buildings. The downtown site plan, with building heights and photograph station points
noted, is offered as Applicant's Exhibit 'P-3.' Photographs of the project site and
surrounding downtown area are submitted as further evidence of compatibility.
The downtown area is characterized by groups of individual buildings which are either
attached, or separated by 10 feet or less. The proposed structure is related to its own
building group consisting of the Angus Bowmer Theatre, Elizabethan stage and stage
house. The building scale, bulk, coverage, and density of the subject building group,
with the roof cover addition, is consistent and compatible with that of other building
groups in the downtown area as evidenced by Exhibits 'P- 3' ,'P-4', 'P-8', 'P-ll ',and
'P-13' .m
As to building height, elevations of the planned roof co~er illustrate its relationship to
the An~us Bowmer Theatre. The downtown site plan, Exhibit 'P-3', includes
CITY COUNCIL FINDINGS
Page 5
P A 89-149
'.:-.'"
';'.,'
';r~~.} ~." ;t
. ~~.
information regarding building height obtained by survey. Edwards Surveying and
Land Planning was commissioned to determine building heights of downtown buildings
adjacent and near to the subject site. Building height information thus obtained is
indicated on the downtown site plan. The height information indicates the planned
seating cover will have a height greater than some downtown buildings but less than
others. The information supports a conclusion that the height of the planned structure is
consistent and compatible with other downtown buildings.
As herein discussed, a principal reason for the new seating cover is to attenuate noise
emanating from the surrounding neighborhood which impacts theatre performances, and
to attenuate noise created by performances which impacts on the surrounding
~:/ neighborhood. The value of noise attenuation will serve to enhance the livability of
abutting properties and the surrounding neighborhood.
To the extent it is argued that the new seating cover will block or obscure views from
-..-"the residential area located south and southwest, inconsistent with the reasonably
compatible/minimal impact criteria, the City Council fmds the alteration of views is
relevant only to the extent it may affect livability and appropriate development. In this
regard, the Council finds:
-
1) Based on topographic information submitted as a part of Exhibit 'P- 2', nearby
residential dwellings are at a substantially higher elevation than the proposed
structure, and their views have already been altered by existing Shakespeare
buildings. ,The height of the largest Chautauqua Dome ever placed on. the
existing wall is estimated at 81 feet above the average grade. Domes existing on
this site from 1893 until the late 1920's.
2) View alterations are minimal for the nearest residential dwellings located
approximately 160 and 220 feet from the proposed structure, and at an elevation
approximately 20-25 feet higher at grade. Photograph #3 of Exhibit 'P-4' and
'P-8', taken near the intersection of Pioneer and Fork Street, topographic maps in
Exhibit 'P-2', and the downtown site plan, Exhibit 'P-3' help illustrate and _
support this finding and conclusion.
3) Existing 'mature trees on and off the project site serve to obscure nearby
residential views. Refer to Exhibits 'P-4' and 'P-8.'
4) No nearby vacant and buildable residential land is nearer the proposed structure
, than the existing dwellings noted in #2, above, which dwellings are located at the
intersection of Fork and Pioneer Streets, and Fork and Hargadine Streets.
During the public hearing opponents argued that noise was considered by applicant
primarily from the standpoint of internal acoustics. and included inadequate sound
testing to determine impacts. This, opponents claimed, violates CUP Standard C-l in
Section 18.104.040 ALUO. The letter of record from acous~cs expert Lawrence
Kirkegaard, (Applicant's Exhibit 'P-9'), states:
"While we intended the structure to prevent noise transmission into the theatre, it
is equally effective at containing the sound of performances and will bring the
operation of the theatre into'compliance with the noise ordinance."
The City Council finds and concludes that adequate consideration was given to noise
\
CITY COUNCIL FINDINGS
Page 6
P A 89-149
',;'>)ii .
,.;: ~;J:i;.7, .
attenuation emanating from the theatre which now affects the adjoining' neighborhood.
The evidence suggests a significant improvement in noise impacts based on the evidence
of record
~~=---
2) THE AVAILABILITY AND CAPACITY OF PUBLIC FACILITIES AND
UTILITIES.
Findings: As findings throughout this document indicate, planned improvements will
not significantly increase the capacity of the theatre, and will not, therefore, place
additional demands on the public infrastructure now serving the existing facility.
During the public. hearings the opponents asserted that an increase in the number of
performances will place additional burdens on the public infrastructure, and that a
condition limiting the number of performances to current levels should be imposed.
Unrefuted evidence in the record indicates that in 1976 there were 99 performances in
the theatre; the number of performances planned in 1990 is 102. Evidence in the record
. indicates applicant's intention not to increase the number of performances in the future.
To the extent more performances occur in the future, the City Council finds:
1) That no public facilities serving the subject property are at threshold capacity.
2) That practical limitations exist relative to the number of performances which can
reasonably be accommodated given the- outdoor nature of the theater and seasonal
climatic conditions; that increases in the number of performances, should they occur,
would necessarily occur on weekend days when the public infrastructure is taxed the
least and is best able to accommodate any slight increases in facility usage.
3) That limiting the number of performances by approval conditioning is not warranted
by limitations of the public infrastructure serving the area.
4) That the Ashland Downtown Plan, a part of the comprehensive plan, contains an
action program to facilitate the construction of additional parking. The downtown plan
is herewith cited by reference and incorporated herein.
3) TIm GENERATION OF TRAFFIC AND THE CAPACITY OF
SURROUNDING STREETS.
Findings: As the project will not add significant additional seating or enlarge the facility
. beyond its existing capacity, additional vehicle trips to and from the theatre are not
anticipated. Therefore, the facility will not affect the condition or capacity of
surrounding streets.
4) PUBLIC SAFETY AND PROTECI10N.
Findings: The project will not affect public safety or emergency services as the
proposed project will not add significant capacity to the facility.
5) ARCHITECfURAL AND AESTHETIC COMPATIBILITY WITH TIm
SURROUNDING AREA.
CITY COUNCIL FINDINGS
Page 7
P A 89-149
;.t:!~:fi:. .,'
:.;' :-; ,'~- ~"";'::',;:":'_\~'i:;~'
',--.i~~~" ,
";i'
Findings: Findings presented previously in this Section, and under Section IV' support a
fmding of architectural and aesthetic compatibility. In making the compatibility fmding
several points are relevant. First, the term "compatibility" does not require' a building to
be identical, only compatible. Second, the function of this or any structure needs to
guide its form. Third, architecturaVaesthetic compatibility is a qualitative not
quantitative ,determination subject to expert and lay opinion. The opinion of applicant's
architect, Ian MacLeod, AlA of Treffmger, Walz & MacLeod, Architects & Planners, is
that the proposed seating cover and other planned improvements will be consistent with
_/ and compatible with the surrounding neighborhood. The height of the building and its
, architecture is dictated by the number of seats proposed, (approximately equal to the
existing number), and the need to come close to the theatrical standard of having front
stage lighting directed from above at a 45-degree angle to the stage.
.-;:>
Minutes from the September 6, 1989 Ashland Historic Commission meeting when the
subject project was reviewed and approved further substantiates the architectural and
historic compatibility of the seating cover. The cited minutes are submitted as Exhibit
'P-6..l By this reference, all evidence before the Historic Commission for their review of
the project on September 6, 1989 is incorporated into the record of these proceedings
and made a part hereof. Also refer to Exhibit 'P-12' and 'P-13.' The following quotes
are taken from the cited minutes:
"Ward commended the architects, noting that they worked especially with the
historic design in keeping with the dome of the original Chautauqua."
"Skibby passed around photos of Chautauqua in the early 1900's in its various
phases. Burnham also presented a rendering of the Globe Theatre in England,
noting the similar design of the proposed addition inside the Chautauqua walls."
"The Historic Commission agreed the design was very nice and compatible not
only with the original Chautauqua, but also the Historic District."
"Ward moved and Reynolds seconded to endorse the Planning Staff approval .of
the Site Review, and the motion was unanimously passed."
. As background, the original Chautauqua tabernacle was frrst constructed atop the
present Chautauqua walls in 1893. From 1893 through the 1920's the Chautauqua drew
people from Oregon and Northern California to its season of concerts, lectures, and
other entertainments. After being enlarged, the first Chautauqua was replaced in 1916
by a still larger theatre with an unsupported wooden dome of 160 feet in diameter and
height of approximately 81 feet. The dome later was judged unsafe in the early 1930' s
and removed, leaving a hollow shell within the Chautauqua walls. The Elizabethan
Theatre has been in existence and operated continuously by the, Oregon Shakespeare
Festival on the present subject site since 1935, a period of 55 years. The theatre was
rebuilt in 1947 and again in 1959.
IV
SITE DESIGN USE GUIDELINES AND POLICIES
CITY <;OUNCIL FINDINGS
Page 8
PA 89-149
"} 71~":
SECTION 18.72.050: CRITERIA FOR APPROVAL
A. ALL APPLICABLE CITY 'ORDINANCES HA VE BEEN MET AND WILL BE
MET BY THE PROPOSED DEVELOPMENT.
Findings: The City Councils finds the findings and conclusions herein presented
demonstrate compliance with all relevant city ordinances.
B. ALL REQUIREMENTS OF THE SITE REVIEW CHAPTER HAVE BEEN MET.
Findings: Refer to Section II.
C. THE SITE DESIGN COMPLIES WITH TIm GUIDELINES ADOPTED BY THE
CITY COUNCll... FOR IMPLEMENTATION OF THIS CHAPTER.
Findings: Refer to the findings and conclusions for the site design guidelines pertaining
to "commercial and employment development" which are set forth below.
COMMERCIAL AND EMPLOYMENT DEVELOPMENT
POLICY: DEVELOPMENT IN COMMERCIAL AND EMPLOYMENT ZONES
SHALL, WHENEVER POSSIBLE, CONFORM TO THE FOLLOWING:
ORIENTATION: COMMERCIAL BUILDINGS SHOULD HAVE THEIR
PRIMARY ORIENTATION TOWARD THE STREET RATImR THAN THE
PARKING AREA. BUll...DINGS SHOULD BE . ACCESSED FROM THE STREET
AND THE SIDEWALK.
Findings: While the subject structure can be called a commercial building by virtue of
its location within a commercial zone, it is not a customary commercial building or use.
. The "orientation" of the "building" is toward South Pioneer Street and the pedestrian
courtyard situated between South Pioneer and the Angus Bowmer Theatre. The seating
cover will not change the orientation of the existing theatre complex.
STREETSCAPE: STREET TREES FROM THE STREET TREE LIST SHOULD BE
PLACED AT 30 FOOT INTERVALS FOR THAT PORTION OF 'THE
DEVELOPMENT PARALLELING THE STREET. WHERE THE SIZE OF THE
PROJECT DICTATES AN INTERIOR CIRCULATION STREET PATTERN, A
MINI-STREETS CAPE WIlli STREET TREES IS DESIRABLE. COMMERCIAL
BUILDINGS IN PREDOMINATELY RESIDENTIAL AREAS SHOULD IMITATE
-BUILDING SETBACKS AND FRONT YARD LANDSCAPING PATIERNS
ESTABLISHED BY THE RESIDENTIAL AREA.
Findings: The project site fronts Pioneer Street, along which existing trees and
vegetation are abundant. . As mentioned, applicant stipulated to installing additional
trees along the street froiltage if required by the city. The Council found and concluded
that additional trees are unnecessary in the already landscaped area.
LANDSCAPING: LANDSCAPING SHOULD BE DESIGNED SO THAT 50%
COVERAGE OCCURS AT INSTALLATION AND THAT 90% LANDSCAPING
COVERAGE OCCURS AFTER 5 YEARS. LANDSCAPING DESIGN SHOULD
CITY COUNCIL FINDINGS
Page 9
PA 89-149
. ~,.. i ;~o;'.;
. t {J, ~:~'~.
-.,....:. ,
I .;.
-
USE A V ARIETY. OF DECIDUOUS AND EVERGREEN TREES AND SHRUBS
AND SHOULD INCLUDE FLOWERING PLANT SPECIES.' EFFORTS SHOULD
BE MADE TO SA VB AS MANY EXISTING HEALTHY TREES AND SHRUBS ON
THE SITE AS POSSIBLE. BUll.DINGS ADJACENT TO STREETS SHOULD BE
BUFFERED BY A LANDSCAPED AREA ABOUT 10 FEET IN WIDTH.
,OUTDOOR STORAGE AND SERVICE AREAS SHOULD BE SCREENED AND
BUFFERED, ESPECIALLY WHEN ADJACENT TO RESIDENTIAL USES.
IRRIGA nON SYSTEMS SHOULD BE INSTALLED TO ASSURE LANDSCAPING
SUCCESS.
Findings: As mentioned, the project site currently has significant mature landscaping.
New landscaping will consist primarily of additional trees to be located within the new
brick courtyard area within the outer wall of the theatre. The guideline conflicts with
regulations of the zone which specifically exempts C-I-D properties from front yard
setbacks. Notwithstanding this fact, a landscaping area approximately 28 feet wide
exists between Pi~neer Street and the nearest improvements herein proposed.
PARKING: PARKING AREAS SHOULD BE LOCATED BEHIND BUILDINGS
OR ON ONE OR BOTH SIDES. PARKING AREAS SHOULD BE SHADED BY
LARGE CANOPIED DECIDUOUS TREES AND SHOULD BE ADEQUATELY
SCREENED AND BUFFERED FORM ADJACENT USES. CUSTOMER AND
VISITOR PARKING SHOULD BE EASILY ACCESSED. REFER TO PARKING
LOT LANDSCAPING AND SCREENING STANDARDS FOR MORE DETAIL.
. Findings: Off-street parking is not required within the C-1-D zone, and no parking is
planned. The parking guideline is inapplicable. During the public hearing opponents
argued the noise generated by parking and automobiles near the theatre imposes
unreasonable impacts. The City Council finds that absent an ordinance requirement to
provide off-street parking in the C-1-D zone, and absent a planned increase in seating or
the number of performances, the existing conditions will not worsen. The approval
condition requiring applicant to meet city noise standards will help ensure that
prevailing conditions will not become worse as a result of granting approval of the land
use applications. In point of fact the city is moving toward redfessing existing parking
problems through adoption of an action plan as a part of the Ashland Downtown Plan.
NATURAL CLIMATE CONTROL: MAXIMIZE THE WARMING EFFECT OF
, SOLAR RADIATION IN WINTER MONTHS AND MAXIMIZE SHADE IN THE
SUMMER MONTHS. UTILIZE DECIDUOUS TREES wrrn EARLY LEAF DROP
AND LOW BARE BRANCH DENSITIES ON TIlE SOUTH SIDES OF BUll.DINGS
FOR SUMMER SHADE AND WINTER WARMTH. REDUCE THE IMPACfOF
WINTER WINDS AND MAXIMIZE THE COOLING EFFECT OF SUMMER
BREEZES.
Findings: As the Elizabethan theatre is an open-air facility, it is used only during the
warmer months of the year. No artificial heating or cooling is used for the public
seating areas. The Pavilion concession booths, the control room, and restrooms will be
~supplied with some artificial cooling. The planned seating cover is oriented to shade the
hot summer sun from the south and west. .
ENERGY CONSERVATION: INSULATE AND TIGHTEN BUILDINGS TO A
COST EFFECfIVE LEVEL. USE LARGER WINDOWS ON SOUTHERN
EXPOSURES WHERE POSSmLE. SITE BUILDINGS FOR SOLAR ACCESS.
-
CITY COUNCIL FINDINGS
Page 10
PA 89-149
, ....f~~.'1L.-.
. . -.'....,:.,.......
DESIGN BUILDING OVERHANGS TO SHIELD THE HIGH SUMMER SUN AND
EXPOSE THE AREA TO THE LOWER WINTER SUN. CONSIDER
ALTERNATIVE. ENERGY METHODS. PLACE AREAS THAT WORKERS
OCCUPY TO TIIE SOUTH OF THE BUILDING AND PROVIDE PROPERLY
SIZED WINDOWS FOR SOLAR GAIN. LOCATE STORAGE AREAS TO THE
NORTH WHENEVER POSSIBLE. USE NATURAL LIGHTING lHROUGH THE
USE OF SKYLIGHTS, PERIMETER WINDOWS AND OTHER LIGHTING
TECHNIQUES.
Findings: As mentioned, the theatre is an open-air facility. Insulation and solar
utilization requirements are moot and inapplicable.
NOISE AND GLARE: SPECIAL ATTENTION TO GLARE (AMC 18.72.110) AND
NOISE (AMC 9.08.170(C) & AMC 9.08.175) SHOULD BE CONSIDERED IN TIIE
PROJECT DESIGN TO ALLEVIATE ANY FUTURE, FORESEEABLE PROBLEMS.
Findings: The City Council finds the proposed project will not produce glare in any
fonn as all new lighting will be within the confines of the theatre and directed at the
stage area. New lighting will not be directed at or shine' directly on any adjacent
buildings or land.
As to noise and the applicability of AMC 9.08.170, the City Council finds the subject
use will comply with the cited noise as evidenced by Applicant's Exhibit 'P-9', and as a
. condition of approval. Also refer to findings for the Noise Goal of Comprehensive Plan
Chapter IV and Comprehensive Plan Policy IV-58. The City Councilfmds that design
. efforts have specifically focused special attention to the elimination or mitigation of
noise.
BUILDING MATERIALS: BUILDING MATERIALS AND PAINT ,COLORS
SHOULD BE COMPATIBLE wrrn TIIE SURROUNDING AREA. BUILDINGS
MADE OF. UNADORNED TILT-UP CONCRETE, CONCRETE BLOCK, OR
METAL SIDING ARE NOT ACCEPTABLE. CONCRETE AND METAL
BUll..DINGS THAT WILL BE VISmLE FROM ADJACENT STREETS SHOULD
HAVE BRICK, WOOD, OR IMITATION ROCK FACADES. A VOID EXTENSIVE
USE OF GLASS AS BUILDING SKIN. BRIGHT COLORS USED TO A'ITRACT
ATTENTION TO TIIE BUILDING OR USE ARE UNACCEPTABLE.
----::':~
Findings: Materials for. the new seating cover and appurtenances are planned to match
or blend with the existing buildings to which it will be attached. The walls are proposed
as heavy texture stucco of a gray color to match the existing Chautauqua bowl walls and
Angus Bowmer Theatre. Ivy is planned to cover portions of the walls consistent with
the eXisting plantings. The trim, doors, gutter, and other exterior features will be a
combination of wood and metal to match the existing trim and half-timbering color of
the Elizabethan Theatre, stage house and Angus Bowmer Theatre. The roof will be slate
gray concrete tile ~ompatible with the existing roofs of the Elizabethan stage house and
Angus Bowmer Theatre. New brick work on the ground will match that which already
exists in the courtyard area. The City Council finds the building materials and colors
will be compatible and consistent with the existing theatre buildings to which it will, be
attached.
. CRIME PREVENTION:
CITY COUNCIL FINDINGS
Page 11
PA 89-149
_A~ ~~~-'-) .
~}'" ~~.~
HARDWARE - RELIANCE SOLELY UPON SECURITY HARDWARE IN
LIEU OF OTHER ALTERNATIVES IS DISCOURAGED.
Findings: The theatre is located near Pioneer Street on an open pedestrian plaza. As a
basically open-air theatre, the exclusive use of security hardware is not a factor. Public \
surveillance of the theatre area is afforded by proximity to the street and the adjacent
public park. During the season, the applicant provides a night watchman. Other
alternatives are an open design to facilitate public surveillance as a means to deter crime.
The City Council finds that a trade-off exists between the noise attenuation objectives
possible only through line-of-sight noise blockage afforded by the seating cover, and
public surveillance of the theatre area. The City Council has weighed the trade-off and
finds in favor of providing the seating cover as a ~eans to attenuate noise.
During the public hearing an objection was raised asserting the planned seating cover
would block access to the theatre. The theatre is currently open to the public during
daylight hours and this practice will continue. The existing facility can be and is
secured, and will continue to be secured during night time hours as a continuing security
measure.
LIGHTING - SITE DEVELOPMENT SHOULD UTILIZE LIGHTING
PRUDENlLY. MORE LIGHTING DOES .NOT NECESSA~Y MEAN
BEITER SECURITY. LIGHTING SHOULD BE ORIENTED SO THAT
AREAS. VULNERABLE TO CRIME SUCH AS STORAGE AND SERVICE
AREAS ARE ACCENTED.
, Findings: As discussed, new lighting is limited to stage lighting and safety lighting on
the pavilion. Existing lighting on the plaza and Chautauqua bowl walls will remain.
LANDSCAPING - PLANT MATERIALS SUCH AS HIGH SHRUBS SHOULD
BE PLACED SO THAT SURVEILLANCE OF VULNERABLE AREAS IS
NOT BLOCKED. TIIORNY SHRUBS WILL DISCOURAGE CRIME
ACfIVITY. LOW SHRUBS AND CANOPY TREES Wll.L ALLOW
SURVEILLANCE, HENCE, REDUCE THE POTENTIAL FOR CRIME.
~indings: New landscaping will not affect surveillance either positively or negatively~
ORIENTATION OF WINDOWS - WINDOWS SHOULD BE LOCATED SO
. THAT, VULNERABLE AREAS CAN BE EASILY SURVEYED BY OTHERS.
Findings: No windows are planned.
---:::.-
V
COMPLIANCE WITH THE COMPREHENSIVE PLAN
GENERAL EXPLANATION: The following Section lists all goals and policies
contained in the Ashland Comprehensive Plan. Not all goals and policies are applicable
for alUand use actions.
Unless otherwise stated, the findings for all goals and policies reach a conclusion of
consistency.
CITY COUNCIL FINDINGS
Page 12.
PA 89-149
..;; ~'~"~;, ;}'.
~1t-.:rr. .
. '\>L
CHAPTER 111- CITIZEN PARTICIPATION AND INVOLVEMENT
GOAL: TO MAINTAIN A CITIZEN INVOLVEMENT PROGRAM THAT
ENSURES THE OPPORTUNITY FOR CITIZENS TO BE INVOLVED IN ALL
PHASES OF THE PLANNING PROCESS.
Findings: The procedure used by the City of Ashland to review and act on the subject
land use permits requires public notice consistent with state statute, and mailed notice to
nearby affected property owners. The procedure also requires a public hearing,
providing an opportunity for citizens to submit written and oral testimony on the matter.
The procedures ensure consistency with the cited goal. '
POLICY ill-I: CONTINUE THE EXISTING ASlll..AND CITIZENS' PLANNING
ADVISORY COMMITTEE TO ASSIST THE ASlll..AND PLANNING
COMMISSION AND ASlll..AND CITY COUNCn... ON SIGNIFICANT PLANNING
ISSUES, IMPLEMENTING ORDINANCES, AND ALL LCDC AND
COMP~HENSIVE PLAN GOALS.
Findings: The cited policy is inapplicable..
POLICY ill-2: ENSURE, AS MUCH AS POSSIBLE THAT THE 16- MEMBER
CITIZENS' PLANNING ADVISORY COMMITTEE REPRESENTS A
GEOGRAPHIC, OCCUPATIONAL AND IDEOLOGICAL CROSS-SECTION OF
THE CrnZENSHIP OF ASlfl.,AND. ALL FUTURE SELECTIONS TO THE
COMMIT'TEE SHOULD BE WITH THE IDEAL OF REPRESENTING A
CROSS-SECfION OF ASlll..AND'S POPULATION.
-Findings: The cited policy is inapplicable.
POLICY HI-3: ENSURE. IN THE FUTURE THAT ALL CITIZENS ARE GIVEN
THE OPPORTUNITY TO CONTRIBUTE THEIR VIEWS TO PLANNING ISSUES
tHROUGH THE PUBLIC HEARING PROCESS.
Findings: The public notification, and hearing procedures used by the city provide an
opportunity for citizens to become involved in the decision making process.
..
POLICY ill-4: THE CITY SHALL SPONSOR INFORMAL WORKSHOPS
DURING THE DEVELOPMENT OF SIGNIFICANT ELEMENTS OF TIlE PLAN OR
IMPLEMENTING ORDINANCES, SO THAT COMPLEX ISSUES MAY BE
BETTER UNDERSTOOD BY THE PUBLIC.
Findings: The cited policy is inapplicable, although the city has recently conducted
workshops to help direct changes in the comprehensive plan as part of the city's periodic
review process required by LCDC.
POLICY HI-5: THE CITY SHOULD DEVELOP EDUCATION MATERIALS
SUCH AS GUIDELINES, HANDOUTS, ETC. TO INCREASE UNDERSTANDING
OF THE CITY CODES BY THE GENERAL PUBLIC. WHEN NECESSARY , THE
CITY SHOULD SPONSOR SEMINARS AND CLASSES TO BETTER INFORM
THE PUBLIC.
CITY COUNCIL FINDINGS
Page 13
PA 89-149
"Y:~;~,~fri;'
.:U;:~l'
';',.-.' i, .' ::" . ~. .. ~f"
Findings: The cited policy ,is inapplicable.
CHAPTER IV - ENVIRONMENTAL RESOURCES
GOAL: TO GUARANTEE mAT THERE IS AN ADEQUATE SUPPLY OF
GRANITE AVAILABLE FOR USES IN AND AROUND THE CITY OF ASHLAND.
WHILE ENSURING mAT INCOMPATIBLE EFFECTS THAT MINING CREATE
ARE MmGA TED AS MUCH AS POSSIBLE.
Findings: The cited policy is inapplicable. The project will not affect the supply of
granite. This finding is made consistent with fmdings for the relat~ policies, cited and
addressed below.
POLICY IV-I: ALLOW THE THREE EXISTING GRANITE QUARRIES TO
CONTINUE TO OPERATE WITHIN TIlE CONFINES OF THEIR EXISTING TAX
LOTS, SUBJECf TO THE NON-CONFORMING USE SECfION OF TIlE LAND
USE ORDINANCE.
Findings: The cited policy is inapplicable. The three existing quarries referenced in the
policy do not exist on subject property.
POLICY IV-2: MAKE THE EXPANSION OF SUBJECf QUARRIES ONTO
CONTIGUOUS TAX CHAPTER III - CITIZEN PARTICIPATION AND
INVOLVEMENT LOTS 'SUBJECT TO THE CONDITIONAL USE PERMIT
PROCEDURE AS SPELLED OUT IN THE CITY'S IMPLEMENTING
. ORDINANCES.
Findings: The cited policy is inapplicable. The existing quarries referenced in the
policy do not exist on subject property.
POLICY IV-3: PREVENT THE ESTABLISHMENT OF ANY ADDmONAL
QUARRYING SITES WITHIN THE CITY DUE TO THE INCOMPATIBLE
NATURE OF MINING ACTIVITIES WITH OTHER URBAN USES.
"ifindings: The cited policy is inapplicable. An aggregate quarry is not proposed.
POLICY IV..4: ENSURE mAT ALL THE EXISTING PRIVATE AND PUBLIC
QUARRIES ARE RECLAIMED AND REVEGETATED AFfER MINING
-ACTIVITIES ARE COMPLETED.
Findings: The cited policy is inapplicable. The property is not an existing quarry.
GO~: HAVE SOUND SOIL CONSERVATION AND EROSION CONTROL
PRACTICES IN AND AROUND ASHLAND.
Findings: Soil conservation and erosion control are most important in areas of st~p
topography. The Physical and Environmental Constraints Map does not identify the site
as an area of erosion or slope concern. The area to be occupied by new seating is
generally level and surfaced with asphalt, brick, or concrete. Actual development will
not disturb any lands identified as a slope/erosion hazard by the above cited map.
CITY COUNCIL FINDINGS
. Page 14
PA 89-149
,.,:, ~l:lJ.
. ~/~! :~~:
~ ;::..:~
POLICY IV-5: REQUIRE THAT DEVELOPMENT BE ACCOMMODATED TO
NATURAL TOPOGRAPHY, DRAINAGE AND SOILS, AND MAKE MAXIMUM
USE OF EXISTING VEGETATION TO MINIMIZE EROSION.
Findings: As mentioned the actual development area is on land which is not steep and
will not require the alteration of other lands which are steep. As explained above, the
project is generally confined to an already developed area.
POLICY IV-6: PREVENT DEVELOPMENT AND LAND MANAGEMENT
PRACTICES WHICH RESULT IN RAPID RUNOFF AND ACCELERATED
EROSION.
Findings: Rapid runoff and accelerated erosion are factors associated with natural areas
and steep slopes. As mentioned the actual development area is on land which is not
,steep and; will not require the alteration of other lands which are steep. The project is
, confined to an already developed area.
POLICY IV-7: REQUIRE SITE-PREPARATION PROCEDURES AND
CONSTRUCTION PRACfICES WHICH MINIMIZE EROSION AND
SEDIMENTATION.
Findings: Refer to previous finding for policy N -6.
POLICY IV-8: PROTECf ESSENTIAL HILLSIDE DRAINAGE AREAS FOR
ABSORPTION OF STORM RUNOFF, AND OTHER AREAS SUBJECf TO
~/SEVERE SOIL EROSION, UNLESS CONTROL CAN BE ESTABLISHED.
Findings: Refer to previous finding for policy N -6.
--POLICY IV-9: ENCOURAGE A CHANGE IN SITE DRAINAGE PRACTICES BY
REDUCING RUNOFF VELOCITY, HAVING ON-SITE DETENTION OF WATER,
AND BY DESIGNING "NATURAL SYSTEMS" UTILIZING THE NATURAL
PROPERTIES OF SOILS AND VEGETATION.
..
. 'Findings: Refer to previous finding for policy N -6.
POLICY IV-tO: ON STEEP SLOPES REQUIRE LOT COVERAGE REDUCTIONS
BASED UPON 'SLOPE PERCENTAGES IN THE CITY'S IMPLEMENTING
ORDINANCES.
Findings: Refer to previous finding for policy N -6.
. POLICY IV-II: USE DEVELOPMENT PERFORMANCE STANDARDS WHICH
ARE BASED UPON THE NATURAL TOPOGRAPHY, DRAINAGE, SOILS, LOT
COVERAGE, AND DENSITIES IN PLACE OF ARBITRARY SUBDIVISION
STANDARDS TO ENSURE THAT NATURAL FEATURES ARE AN INTEGRAL
PART OF THE DESIGN PHASE OF FUWRE DEVEWPMENTS.
Findings: A subdivision is not proposed. The cited policy is inapplicable. The site
design guidelines, previously addressed are performance standards applicable to the
CITY COUNCIL FINDINGS
Page 15
PA 89-149
."':;'
i.......:.,..,
~~~;~!r~~;~ . ';t~-r~~,~ ",~"",,\,- .5":~~~-' 'r~~;t~~~:
~:.~
project.
POLICY Iv-12: FORBID DEVELOPMENT OR CUTS AND FILLS ON SLOPES
GREATER THAN 50%, UNLESS SCIENTIFIC AND GEOLOGIC EVIDENCE IS
A V AILABLE SHOWING THAT IT MA Y BE DONE SAFELY.
Findings: Topographic evidence demonstrates the project will not involve or affect
slopes of greater than 50%.
GOAL: REDUCE TO AN ABSOLUTE MINIMUM THE IMPACT OF
URBANIZATION AND OTHER LAND USES ON THE QUALIlY OF WATER IN
AND AROUND ASHLAND IN ORDER TO ENSURE TIlA T THE CIlY WATER
SUPPLY IS OF THE HIGHEST POSSIBLE QUALITY AND IS DRAWN FROM
DEPENDABLE SOURCES.
Findings: The project will not result in any change of use or activity which will affect
sUrface or ground waters. Little if any additional permeable surface area will be covered
with impermeable materials. New brick-covered surfaces are at present generally
covered by concrete or asphalt.
POLISY IV-13: ENCOURAGE PUBLIC AWARENESS OF'PROBLEMS OF 1lIE
ASHLAND WATERSHED AND THEIR CAUSES.
Findings: The cited policy is inapplicable. The subject property is not within or near
the watershed
POLICY IV-14: PREVENT ANY DEVELOPMENT OR ACTIVITY, FUTURE OR
EXISTING, WHICH HAS AN ADVERSE EFFECT ON THE WATERSHED.
Findings: The cited policy is inapplicable. The subject property is not within the
watershed area.
POLICY IV-IS: MAINTAIN AND IMPROVE THE QUALIlY OF BOTH SURFACE
AND GROUND WATER RESOURCES, AND PROHIBIT NEW PRACTICES AND
DEVELOPMENTS WHICH CANNOT MEET WATER QUALITY STANDARDS.
Findings: The project deals with improving an already developed area. Surface and
ground waters will not be affected.
POLICY IV-16:' COOPERATE WITH AGENCIES AND FIRMS IN IMPROVING
WATER QUALITY AND THE CONDITION OF THE WATERSHED.
Findings: The cited policy is inapplicable. 'The project is located approximately one
mile from the watershed area.
GOAL: PROTECT THE QUALITY OF WATER-RELATED RESOURCE LANDS,
AND PRESERVE WILDLIFE HABITATS.
Findings: The cited policy is inapplicable. The project site can not fairly be described
as "water-related resource land" or "wildlife habitat" as it is already developed. While
one of the Lithia Park duck ponds is located west of the project site, the nature of the
CITY COUNCIL FINDINGS
Page 16
PA 89-149
. ..t'~'.,j:~\-~: .
" "'~
project and its location on already developed land suggest no conflict with the policy.
The clear intent of the policy is to preserve forest resource lands surrounding the city.
Waterfowl utilizing the man-made duck pond are at least semi- domesticated and
accustomed to urban activities in general and activities related to the subject use in
particular.
POLICY IV-17: REQUIRE TIIE PROTECfION AND PRESERVATION OF
WATBR AREAS, AQUIFERS, RIPARIAN AREAS (STREAM BANKS), AND
WilDLIFE HABITAT AREAS.
Findings: The policy is inapplicable. As the project site is already developed, it can not
be found to fall within any of the categories set out in the policy. Also refer to findings
for the underlying plan goal, cited and addressed previously.
POLICY IV -18: ENCOURAGE MORE PUBLIC ACCESS TO WATERWAYS, BUT
DEFINE WHAT PUBLIC ACTIVITIES CAN TAKE PLACE. ENSURE THAT
SUCH ACCESS DOES NOT RESULT IN WATER OR VISUAL POLLUTION.
Findings: The policy is inapplicable. The site is aIready developed and no "waterways"
traverse the site development area.
POLICY IV-19: WHERE POSSIBLE, UTILIZE WATER RELATED AREAS FOR
RECREATIONAL USES, BIKE PATHS, AND PEDESTRIAN JOGGING TRAILS
, Findings: The policy is inapplicable. As already developed land, it can not be
considered a "water related area. "
GOAL: TO PROTECf LIFE AND PROPERTY FROM FLOODING AND FLOOD
HAZARDS, AND MANAGE AREAS SUBJECf TO FLOODING IN A MANNER IN
WlllCH TIIE PUBLIC'S INTEREST IS PROTECfED.
Findings: The cited goal is inapplicable. The project site is not within the floodway or
loo-year flood plain of any nearby waterway according to official FIMA maps and more
precise city analysis. FIMA flood plain maps are a part of the comprehensive plan, and
a,re herewith sited by reference and incorporated herein.
POLICY 1V-20: 1HE CITY SHOULD CONTINUE TO PARTICIPATE IN 1HE
NATIONAL FLOOD INSURANCE PROGRAM, COMPLYING WITH ALL
APPLICABLE STANDARDS.
Findings: The cited policy is inapplicable.. As discussed, the property is not within a
flood plain area according to adopted FIMA maps of the city.
POLICY 1V-21: ENCOURAGE, IN FLOOD FRINGE AREAS, ALTERNATIVES TO
URBAN DEVELOPMENT, SUCH AS AGRICULTURAL, OPEN SPACE, PARKS,
WILDLIFE HABITAT, NATURAL AREAS AND RECREATIONAL USBS.
Findings: The cited policy is inapplicable. The project site is not within any flood
fringe area.
POLICY 1V-22: RECOGNIZE mAT DEVELOPMENT IN ANY FLOOD FRINGE
CITY COUNCIL FINDINGS
Page 17
PA 89-149
~"'.:r;l.".;Jf:. .-
: '" . r~w.~.;'.t'"
.~'.r~;
AREA IS NOT A GUARANTEED RIGHT, BUT DEPENDS UPON WHETHER THE
BENEFITS TO THE PUBLIC OUTWEIGH PROBLEMS WHICH WOULD BE
CAUSED BY DEVELOPMENT, ESPECIALLY PROBLEMS WHICH MAY OCCUR
UPSTREAM DURING FLOODING.
Findings: The cited policy is inapplicable. The project. site is not within any flood
fringe area.
POLICY IV-23: NO NEW DEVELOPMENT (INCLUDING FILL) SHALL BE
ALLOWED IN FLooDW A YS.
--::.--
Findings: The cited policy is inapplicable. The project site is not within a floodway.
POLICY IV -24: ANY FILL OF FLOOD FRINGE AREAS, SHALL REQUIRE A
PERMIT AND ALL Fll..L SHALL BE ENGINEERED AND COMPACTED TO CITY
..
STANDARDS. Fll..LS SHALL BE KEPT TO THE MINIMUM NECESSARY FOR
PROPERTY RIGHT ENJOYMENT.
Findings: The project does not contemplate the placement for fill dirt within the flood
fringe of any creek. To the extent there is any ftll dirt, it will be hauled away and
deposited at a suitable dump site.
POLICY IV-25: APPLY SPECIAL RESTRICfIONS TO ALL AREAS OF
ASHLAND WHICH ARE IDENTIFIED AS BEING FLOOD-PRONE, INCLUDING
STREAMS NOT INCLUDED IN THE FEDERAL STUDY.
Findings: According to FIMA flood hazard maps, the project site does not occur within
a flood plain or floodway. More precise analysis by the city planning department
confmns this conclusion.
POLICY IV-26: ALL EXISTING NATURAL DRAINAGE WAYS DRAINING AN
AREA OF MORE mAT 100 ACRES SHALL BE LEFf IN A NATURAL STATE OR
MODIFIED ONL Y AFfER CITY APPROV AL.
Findings: No natural drainage ways occur within the project site.
GOAL: PRESERVE FOREST AREAS WITHIN THE CITY FOR THEIR VISUAL,
ENVIRONMENTAL, WILDLIFE HABITAT, AND WATER QUALITY VALUES.
Findings: The cited policy is inapplicable. The subject property is not within a forest
area. The development site is in the downtown area. '
POLICY IV -27: REQUIRE mAT COMMERCIAL LOGGING OF FOREST LANDS
WIlHIN ASHLAND'S CITY LIMITS BE SUBJECf TO A SPECIAL PERMIT.
Findings: The policy is inapplicable as the property is not forested.
POLICY IV-28: EMPHASIZE THE PRESERVATION OF FOREST VEGETATION
TO THE MAXIMUM EXTENT POSSmLE AS FORESTED AREAS OF THE CITY
ARE CONVERTED TO URBAN USES.
, CITY COUNCIL FINDINGS
Page 18
PA89-149
..i~}H~"
.' -.~ :.... ': . ~'\ .:-.
, "',
,,;.':t.", ,:',', ~1t~i{ . '
-~/
Findings: The cited policy is inapplicable as the property is not forested.
-
POLICY IV-29:. USE LOW-DENSITY ZONING TO ENSURE THAT
DEVELOPMENT OF THE FORESTED HILLSIDES IS KEPT AT A LEVEL THAT
MAINTAINS THE FORESTED INTEGRITY OF TIIE AREAS.
Findings: The cited policy is inapplicable as the property is located in the downtown
area and not forested.
POLICY IV-30: DEVELOP EROSION CONTROL STANDARDS TO ENSURE
THAT DEVELOPMENT OF THESE FORESTED AREAS WILL NOT CAUSE
EROSION PROBLEMS.
, .
Findings: The cited policy is inapplicable as the property is not forested.
GOAL: TO PRESERVE EXISTING WILDLIFE HABITATS AND NATURAL
AREAS WITIllN THE CITY WHEREVER POSSIBLE.
Findings: As discussed, the project site is already developed, and adverse impacts to
wildlife are not anticipated. The cited policy is inapplicable.
POLICY IV-31: ENCOURAGE EDUCATIONAL PROGRAMS DOCUMENTING
THE VALUE OF ASHLAND'S ENVIRONMENTAL RESOURCES AND CURRENT
TRENDS IN THEIR QUALITY.
. Findings: The cited policy is inapplicable.
POLICY IV-32: AS A MEANS TO PROVIDE HABITAT, IMPLEMENT
PROGRAMS THAT WILL 1) ENSURE OPEN SPACE, 2) PROTECT SCENIC AND
NATURAL RESOURCES FOR FUTURE GENERATIONS, AND 3) PROMOTE A
HEALTHY AND VISUALLY ATTRACTIVE ENVIRONMENT IN HARMONY
WITH THE NATURAL LANDSCAPE.
Findings: The project site is currently developed and does not now provide wildlife
habitat Planned improvements will not diminish open space or adversely affect natural
resources. The City Council finds the project will be visually attractive with a design
harmonious with the natural environment within which it is situated in view of the uses
, and man-made structures which currently exist in the immediate vicinity.
POLICY IV-33: CONTINUE TO STRENGTHEN THE SITE REVIEW PROCESS TO
ASSESS ACCURATELY TIlE ENVIRONMENTAL IMPACT AND ENSURE THAT
'CHANGE IN LAND USE ACKNOWLEDGES LIMITATIONS AND
OPPORTUNITIES OF THE SITE AND HAVE AS LITTLE DETRIMENTAL
IMPACT AS POSSIBLE.
Findings: The nature of the cited policy is inapplicable. The policy is implemented
through the site review process, a requirement for project authorization.
POLICY IV;'34: SOME AREAS IN THE CITY LIMITS ARE NOT URBANIZABLE.
THOSE AREAS, MOSTLY FLOOD-PRONE AREAS AND STEEP HILLSIDES IN
~THE SOUTHWEST AREA OF THE CITY , SHOULD BE PROTECfED BY
CITY COUNCIL FINDINGS
Page 19
PA 89-149
~. ,~:,~:."".~ .
. i:::.':i.,;:
.,nTf'1
. '. --J.;,l,:!.' '
;.~.: ;
'N~
LOW-DENSITY ZONING OPEN-SPACE ZONING. THIS WW-DENSITY
ZONING DESIGNATION WOULD ALSO PROVIDE SUITABLE BUFFERS
BElWEEN URBANIZED.
FJ.gdings: The property is zoned for commercial use consistent with the downtown
environment. As mentioned, the project site is already developed, not steeply sloped,
and not subject to flood hazards.
GOAL: PROTECT LIFE, PROPERTY AND ENVIRONMENTAL RESOURCES IN
ASHLAND'S URBAN/WILDLIFE INTERFACE AREA FROM THE
DEVASTATING EFFECfS OF WILDFIRE. LESSEN THE POSSIBILITY OF
WllDFIRE SPREADING TO THE ASHLAND WATERSHED FROM THE
URBAN/WILDLIFE INTERFACE AREA.
Findings: The project site is not a wildfrre hazard area as identified on the city Physical
and Environmental Constraints map.
POLICY IV-35: REQUIRE INSTALLATION AND MAINTENANCE OF A 40- Ff
FuEL BREAK AROUND EACH DWELLING UNIT OR STRUCTURE.
Findings: All vegetation surrounding the walls of the proposed project are of an
irrigated ornamental nature and do not represent fuel loading. Ashland has excluded
ornamental vegetation from the fuel break requirement in all previous land use actions
which impose the regulation.
POLICY IV-36: REQUIRE MULTI-DWELLING UNIT DEVELOPMENTS TO
INSTALL AND MAINTAIN A PERIMETER FUEL BREAK TO PREVENT FIRE
FROM ENTERING 1HE DEVELOPMENT, OR TO PREVENT A FIRE SPREADING
FROM 1HE DEVELOPMENT AND THREATENING 1HE ASHLAND
WATERSHED. (WIDTH OF 1HE BREAK IS DEPENDENT ON TOPOGRAPHY,
ASPECT, VEGETATION, TYPES AND STEEPNESS OF SLOPES.)
Findings: The project is not a multi-family dwelling. The cited policy is inapplicable.
POLICY IV-37: WHERE VEGETATION NEEDS TO BE MAINTAINED FOR
SLOPE STABILITY IN A FUEL BREAK AREA, REQUIRE PLANTINGS OF FIRE-
RESISTANT OR SLOW-BURNING PLANTS. ( SEE "WILDFIRE HAZARD
MANAGEMENT IN THE URBAN/WILDLAND INTERFACE IN SOUTHERN
OREGON," BY CLAUDE CURRAN - MAY, 1978.
Findings: As discussed, the slope of the project area and lack of fuel loading support a
conclusion that the policy is inapplicable.
POLICY IV -38: REQUIRE MORE THAN ONE INGRESSIEGRESS ROUTE OR
ROAD WIDTHS WIDE ENOUGH TO 'ACCOMMODATE INCOMING FIRE
APPARATUS AND EVACUATING RESIDENTS SIMULTANEOUSLY IN AN
EMERGENCY SITUATION.
, Findings:' The planned seating cover will not affect emergency vehicle access afforded
through the existing plaza off Pioneer Street.
CITY COUNCIL FINDINGS
Page 20
PA 89-149
"",,~\:l!I-#
.,~",.,.,
POLICYIV-39: REQUIRE ROOFS TO BE CONSTRUCTED OF FIRE- RESISTANT
MATERIALS. WOOD SHAKE OR SHINGLE ROOFS WOULD NOT BE
ALLOWED.
Findings: The comprehensive plan indicates the policy is implemented through Chapter
18.62 ALUO,. Physical & Environmental Constraints. The cited chapter deals with
lands having a high probability for wildfire. Wildfrre hazard lands are located by the
Physical & Environmental Constraints map. The project site is not indicated on the map
as a wildfrre hazard area.
POLICY IV-40: ENCOURAGE ROAD PLACEMENT TO FUNCTION AS FIRE
BREAKS IN URBAN/WILDLAND INTERFACE DEVELOPMENTS.
Findings: No roads are planned as a part of the project
POLICY IV-41: REQUIRE CIDMNEYS OF WOOD-BURNING DEVICES TO BE
EQUIPPED WITH SPARK ARRESTER CAPS AND OR SCREENS.
Findings: The cited policy is inapplicable. Wood burning 'for space heating is not
proposed.
POLICY IV-42: INSTALL ALL NEW ELECTRICAL DISTRIBUTION CIRCUITS
IN THE URBAN/WILDLAND INTERFACE UNDERGROUND IF TECHNICALLY
FEASffiLE. .
Findings: All utilities currently exist at the project site and are underground. No new
above-ground service lines are proposed.
POLICY IV-43: THE CITY SHALL ENCOURAGE AND SUPPORT
EDUCATION/lNFORMATION PROGRAMS DEALING WITH WILDFIRE
HAZARDS IN THE URBAN/WILDLAND INTERFACE. INFORMATION SHALL
BE MADE A V All..ABLETHROUGH THE CITY BUll..DING AND PLANNING
DEPARTMENTS TO DEVELOPERS AND BUll..DERS WISIDNG TO BUILD IN
. THE URBAN/WILDLAND INTERFACE.
Findings: The cited policy is inapplicable. The property is not within a wildfire hazard
area according to the Physical and Environmental Constraints Map, adopted as a part of
the comprehensive plan.
GOAL: MAKE CONTINUING PROGRESS TOWARD BElTER AIR QUALITY.
Findings: The cited goal is inapplicable. The project will not affect air quality as no
_additional seating will be provided which might otherwise increase automobile travel.
POLICY IV-44: 1HE CITY OF AS~AND SHALL COOPERATE WITH THE
DEPARTMENT OF ENVIRONMENTAL QUALITY, JACKSON COUNTY, AND
ALL OTHER CONCERNED AGENCIES TO COORDINATE MElHODS OF
REDUCING AIR POLLUTION IN THE V ALLEY AND, WHERE APPROPRIATE,
ASSIST IN ENFORCEMENT OF POLLUTION LAWS.
Findings: The cited policy is inapplicable. City implementation of the policy occurs on
..
CITY COUNCIL FINDINGS
Page 21
PA 89-149
;
___~_~--.1...-..
. ~~.r ,f;" .'
, " ,. I
" 'f1'~::-\
~---:: .
a case-by-case basis. The review of subject applications are under the sole jurisdiction
of the City of Ashland. .
...
POLICY 1V-45: CAREFULLY EXAMINE ALL PROPOSALS FOR NEW MAJOR
DEVELOPMENT OR EXPANSION OF EXISTING HOUSING,
COMMERCIAL/lNDUSTRIAL, AND PUBLIC FACILITIES LAND USES FOR
IMPACf (DIREcrLY OR INDIREcrLY) ON AIR POLLUTION.. REQUIRE
MITIGATION TO THE EXTENT POSSIBLE, OR, IF MAJOR IMPACfS CANNOT
BE MITIGATED, REQUIRE PROJECf MODIFICATION.
Findings: The project will not add significant capacity to the existing performing arts
facility, nor will it influence transportation modes or travel patterns, or in other ways
affect air quality either positively or negatively.
POLICY 1V-46: RECOGNIZE THE MAJOR CONTRmUTION mAT UNPAVED
ROADS MAKE TO TIIE VALLEY'S AIR QUALITY PROBLEMS, AND MAKE
CONCERTED EFFORTS TO GET AS'MANY AS POSSffiLE OF ASHLAND'S
UNPAVED ROADS PAVED TO REDUCE TInS PROBLEM.
Findings: The policy is inapplicable as no unpaved roads serve the project site or
surrounding area.
POLICY 1V-47: ENSURE mAT THE CITY OF AS~AND ASSUMES A STRONG
AND CONTINUING ROLE IN THE JACKSON COUNTY AIR QUALITY
COMMITIEE.
Findings: The cited policy is inapplicable.
POLICY 1V-48: ENSURE mAT AS~AND PROVIDES STRONG LEADERSHIP
TO OTHER ROGUE VALLEY COMMUNITIES IN SOLVING THE VALLEY'S AIR
QUALITY PROBLEMS.
Findings: The cited policy is inapplicable.
POLICY 1V-49: PROVIDE AND ENCOURAGE ALTERNATIVE FORMS OF
TRANSPORTATION WHEREVER FEASIBLE TO ALLOW PEOPLE TO USE
OTHER TRANSPORT A nON MODES IN LIEU OF USING TIIE AUTOMOBILE~
Findings: The project site, located in Ashland's downtown, encourages pedestrian
access. Bus parking is provided on Pioneer Street between Main and Hargadine Streets.
POLICY IV-SO: ENDORSE A MANDATORY INSPECfION/MAINTENANCE
PROGRAM' TIED TO VEmCLE REGISTRATION IN JACKSON COUNTY TO
REDUCE THE CONTRIBUTION OF INDNIDUAL AUTOMOBILES TO THE
COUNTY'S AIR QUALITY PROBLEMS.
Findings: The cited policy is inapplicable.
POLICY IV-51: INSIST UPON CONTINUED MOVEMENT TOWARD
ATTAINMENT OF AIR QUALITY COMPLIANCE STANDARDS SET BY THE
.~!fY COUNCIL FINDINGS
Page 22
P A 89-149
.... ..'~'
:::. ,. 'r
'... . '."."fr:;:il".
'. .
. ''J'~'
STATE AND FEDERAL GOVERNMENTS, AND ENCOURAGE BETI'ER
STANDARDS TO BE ADOPTED WHERE FEASIBLE.
Findings: The cited policy is inapplicable.
POLICY IV-52: CONSIDER PROGRAMS OF VOLUNTARY OR MANDATORY
HOME WEATHERIZATION FOR HOMES WInCH UTILIZE WOOD-BURNING
STOVES. '
Findings: The policy is inapplicable. The City Council concludes that fmdings are not
required as the project is not residential in nature.
POLICY IV-53: DEVELOP PROGRAMS WInCH UTILIZE SOLAR SPACE
HEATING IN NEW AND EXISTING HOMES TO REDUCE THE NEED FOR
WOOD BURNING AS A PRIMARY HEATING SOURCE.
Findings: The policy is inapplicable. The City Council concludes that fmdings ~ not
required as the project is not residential in nature.
POLICY IV-54: STRIClLY ENFORCE THE CITY'S OPEN BURNING
REGULATIONS.
Findings: The project does not contemplate open burning during or after construction.
Construction waste will be hauled away, not burned on site.
GOAL: MAKE CONTINUING REDUCfIONS IN NOISE LEVELS IN ASHLAND.
Findings: A primary objective of the project is to reduce the level of noise produced by
. performances which may affect nearby property owners. The planned structure will
enclose the seating area and provide a "line of sight" barrier between the noise source, in
this case the primary stage area, and the nearest noise sensitive properties located south
and southeast of the project site. The project will provide for a significant reduction in
noise levels consistent with the cited goal. This finding is supported by Applicant's
Exhibit 'P-9.'
, .
POLICY IV-55: DISCOURAGE RESIDENTIAL DEVELOPMENT ADJACENT TO
OBJECTIONABLE FIXED NOISE SOURCES, SUCH AS INDUSTRIAL AREAS,
RAILROAD TRACKS OR INTERSTATE 5. WHERE THIS DEVELOPMENT
OCCURS, USE STRONG MITIGATING MEASURES DURING THE SITE REVIEW
OR OTHER DEVELOPMENT REVIEW PROCESS TO MITIGATE THE NOISE
IMPACfS AS MUCH AS POSSffiLE.
Findings: The policy is inapplicable as the project is not residential in nature.
During the public hearings opponents asserted the cited policy is applicable but not
addressed. The City Council finds and asserts ~e policy is not applicable as the subject
use is Rot "residential" in nature.
POLICY IV-56: ENCOURAGE MAJOR NEW ARTERIALS TO BE DESIGNED TO
MINIMIZE NOISE FROM TIIE ROAD TO RESIDENTIAL AREAS BY UTILIZING
A COMBINATION OF RIGHT-OF-WAY DISTANCE, SUNKEN HIGHWAY,
CITY COUNCIL FINDINGS
Page 23
P A 89-149
'-....;.,,~
'eWI'".,,',.:"
VEGETATION AND BERMING.
Findings: As the project does not contemplate a need for new arterial streets, the policy
is found to be inapplicable.
POLICY IV-57: PLACE INCREASING EMPHASIS ON BICYCLE ROUTES, MASS
TRANSIT, ALTERNATIVE FORMS OF TRANSPORT IN THE DOWNTOWN
AREA AND OTHER ACI10NS TO REDUCE VEHICULAR TRAFFIC.
Findings: The cited policy is inapplicable.
POLICY IV -58: CAREFULLY EXAMINE ALL PROPOSALS FOR NEW MAJOR
DEVELOPMENT OR EXPANSION OF EXISTING HOUSING,
COMMERCIAL/lNDUSTRIAL, OR PUBLIC FACaITIES FOR IMPACf,
(DIRECl'LY OR INDIRECl'LY) ON NOISE POLLUTION. REQUIRE
MITIGATION TO THE EXTENT POSSIBLE, OR, IF MAJOR IMPACfS CANNOT
BE MITIGATED, REQUIRE PROJECf MODIFICATIONS.
Findings: As discussed, noise mitigation is a primary objective of the project. The
planned "line of sight" barrier represented by the seating cover can be expected to
produce a 5-10 dBA reduction, (Reference: Noise Control Engineering Journal:
September-October 1982; p. 47). Reference Exhibit 'P-7'. Also refer to Exhibit 'P-9.'
Sound level monitoring by the Ashland Police Department in the vicinity of the project
site near the intersection of Pioneer and Hargadine Streets, adjacent to the closest
I noise-sensitive property during summer 1989 found ambient levels of 43 dBA. The
ambient level was recorded on a Monday evening. No theatre performance was
occurring during the ambient monitoring. Sound level monitoring a few days later by
the police department on a Friday evening during a theatre performance recorded a
sound level reading of 51 dBA. Section 9.08.170 of the Ashland Municipal Code
establishes noise standards of 45 dBA for L50, (noise level 50% of the time). The
planned seating cover will provide attenuation sufficient to mitigate noise to within the
stan<l;ards of the ordinance. The primary conclusion and real point here is that the
planned seating cover will mitigate noise over legal preexisting levels in conformance
with the cited policy. A condition of approval requiring applicant to meet city noise
standards ensures compliance with the cited policy.
During the public hearings opponents argued that applicant's conclusions regarding
. noise mitigation were extrapolations of engineering related to interior sound
requirements, not exterior mitigation, and that the lack ofa working model to
demonstrate noise mitigation precludes applicant' s conclusio~s. The City Council finds
and concludes, based on the testimony of acoustics/noise expert Lawrence Kirkegaard in
Applicant's Exhibit 'P-9', and information contained in Applicant's Exhibit 'P-7' that
sufficient evidence exists to find for compliance with the cited policy.
POLICY IV-59: REQUIRE NEW DEVELOPMENTS WITHIN PROXIMITY TO
THE ASHLAND AIRPORT TO GRANT NOISE EASEMENTS TO THAT FUTURE
RESIDENTS OF THESE DEVELOPMENTS ARE MADE AWARE OF FUTURE
~NOISE POTENTIALS ASSOCIATED WITH THE AIRPORT.
Findings: The policy is inapplicable. The project site is not located in close proximity
t(tthe airport.
CITY COUNCIL FINDINGS
Page 24
PA 89-149
.
~'~fYl1" "
", ~, ":," .'.iJ1J~:,:'
t . 'r-.~.~ '
POLICY IV-60: ENSURE THAT THE UPDATE OF THE AIRPORT MASTER
PLAN ADEQUATELY ADDRESSES FUTURE NOISE PROBLEMS ASSOCIATED
WI1H TIffi AIRPORT.
Findings: The policy is inapplicable. The project site is not near the airport.
POLICY IV-61: ENSURE THAT DEVELOPMENT THAT OCCURS WITHIN THE
CITY' ADJACENT TO' THE AIRPORT IS COMPATIBLE WITH NOISE
ASSOCIATED WITH THE AIRPORT.
Findings: The policy is inapplicable. The project site is not near the airport.
POLICY IV-62:ESTABLISH A DECIBLE NOISE STANDARD TO ASSIST IN
NOISE POLLUTION ABATEMENT IN TIm CITY.
Findings: The policy is implemented by Section 9.08.170 of the Ashland Municipal
Code. The cited standard is inapplicable to the subject preexisting use.
CHAPTER V - POPULATION PROJECTIONS AND GROWTH
GOAL: TO PROVIDE FOR THE NEEDS OF THE EXPECTED POPULATION
GROWTH IN ASlll..AND OVER THE NEXT 20 YEARS CONSISTENT WITH
OTHER PLAN GOALS.
Findings: The cited policy is inapplicable. However, improvement of the Shakespeare
facility will serve to enhance the delivery of private sociaVrecreational pursuits for the
growing community.
POLICY V-I: MONITOR TIffi SIZE AND RATE OF GROWTH OF ASlll..AND SO
THAT ANY MAJOR CHANGES IN THE CITY'S GROWTH RATE CAN BE
EV ALUA TED AND CORRECfIVE ACfION, IF NECESSARY, CAN BE TAKEN.
Findings: The cited policy is inapplicable. While the city has and will monitor
community growth, the project will not serve to directly increase population size.
POLICY V-2: DIRECT GROWTH TOWARD AREAS WHERE AESTIffiTIC AND
SERVICE COST IMPACfS CAN BE MINIMIZED.
Findings: The cited policy is inapplicable. The project represents an improvement to an
existing developed area and is not II growth" in the ordinary sense as no population
ijlcrease will result from the project All public facilities and services are currently
supplied to the existing theatre use. No new public facility extensions to currently
un serviced areas are needed to support project development
POLICY V-3: PROVIDE SERVICES AS NEEDED UNLESS THERE IS A SEVERE
RESOURCE CONSTRAINT. SHOULD A LIMITATION OCCUR, EXPLORE AND
IMPLEMENT ALTERNATIVES. LIMIT OR STOP GROWTH ONLY IF
SOLUTIONS ARE NOT A V AILABLE.
Findings: The cited policy is inapplicable. No service limitations are anticipated to
CITY COUNCIL FINDINGS
Page 25
P A 89-149
: ~.' '.: :,' .
',: ';
.' ;~/\"t~~~
'"'~;:.. ....:mV'f:',.. .'...
-,:', /~.,
,,~ \i?
-
result from the project because no significant capacity is added to the existing facility.
CHAPTER VI - HOUSING
GOAL: ENSURE A V ARIETY OF DWELLING TYPES AND PROVIDE HOUSING
OPPORTUNITIES FOR THE TOTAL CROSS-SECTION OF AS~AND'S
POPULATION, CONSISTENT WITH PRESERVING THE CHARACfER AND
APPEARANCE OF THE CITY.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-I: GIVEN THE. SCARCITY AND COST OF LAND AS A LIMITED"
RESOURCE, CONSERVE LAND AND REDUCE THE IMPACf OF LAND PRICES
ON HOUSING TO THE MAXIMUM EXTENTPOSSmLE, USING THE
FOLLOWING TECHNIQUES:
A) USE THE ABSOLUTE MINIMUM STREET WIDlHS THAT WILL
ACCOMMODATE TRAFFIC ADEQUATELY IN ORDER TO REDUCE
AESTHETIC IMPACfS AND LOT COVERAGE BY IMPERVIOUS
SURFACES '
B) ALLOW A WIDE VARIATION IN SITE-BUILT HOUSING TYPES
THROUGH THE USE OF THE CITY'S PERFORMANCE STANDARDS
ORDINANCE. THE USE OF AITACHED HOUSING, SMALL LOTS AND
COMMON OPEN SPACES SHALL BE USED WHERE POSSIBLE TO
DEVELOP MORE MODERATE COST HOUSING AND STILL RETAIN THE
QUALITY OF LIFE CONSISTENT WITH AS~AND'S CHARACfER.
C) CONSISTENT WITH POLICIES RELATING TO GROWTH FORM, CITY
POLICY SHOULD ENCOURAGE DEVELOPMENT OF VACANT
. A V AILABLE LOTS WITHIN THE URBAN AREA, WHILE PROVIDING
SUFFICIENT NEW LAND TO A VOID AN UNDUE INCREASE IN LAND
PRICES. lHIS SHALL BE ACCOMPLISHED WITH SPECIFIC
ANNEXATION POLICIES. '
D) ZONE LANDS IN THE SINGLE-FAMILY DESIGNATION CONSISTENT
WITH THE SURROUNDING NEIGHBORHOOD IF THE AREA IS MOSlL Y
DEVELOPED. GENERALLY, LANDS SOUTH OF SISKIYOU
BOULEVARD-NORTH MAIN SHOULD BE R-1-7.5 AND R-I-IO, AND
.LANDS SOUTH OF THE BOULEVARD SHOULD BE R-1-5.
. Findings: The project does not influence or affect the delivery of housing.
POLICY VI~2: USING THE FOLLOWING TECHNIQUES, PROTECf EXISTING
NEIGHBORHOODS FROM INCOMPATIBLE DEVELOPMENT AND
,ENCOURAGE UPGRADING:
A) DO NOT ALLOW DETERIORATION OF RESIDENTIAL AREAS BY
INCOMPATIBLE USES AND DEVELOPMENTS. WHERE SUCH USES ARE
~> PLANNED FOR, CLEAR FINDINGS OF INTENT SHALL BE MADE IN
ADVANCE OF THE AREA DESIGNATION. SUCH FINDINGS SHALL GIVE
-
CITY COUNCIL FINDINGS
Page 26
PA 89-149
,
A CLEAR RATIONALE, EXPLAINING THE RELATIONSHIP OF THE AREA.
TO HOUSING NEEDS, TRANSPORTATION, OPEN SPACE, AND ANY
OTHER PERTINENT PLAN TOPICS. MIXED USES OFfEN CREATE A
MORE INTERESTING AND EXCITING URBAN ENVIRONMENT AND
SHOULD BE CONSIDERED AS A DEVEWPMENT OPTION WHEREVER
THEY WILL NOT DISRUPT AN EXISTING RESIDENTIAL AREA.
B) PREVENT INCONSISTENT AND DISRUPTIVE DESIGNS IN
RESIDENTIAL AREAS lHROUGH USE OF A LIMITED DESIGN REVIEW
CONCEPT, IN ADDITION TO USING HISTORIC COMMISSION REVIEW
AS PART OF THE SITE REVIEW, CONDITIONAL USE PERMIT, OR
VARIANCE APPROVAL PROCESS.
C) DEVELOP PROGRAMS AND EFFORTS FOR REHABILITATION AND
PRESERVATION OF EXISTING NEIGHBORHOODS, AND PREVENT
DEVELOPMENT WHICH IS INCOMPATIBLE AND DESTRUCTIVE.
Findings: Based on findings pertaining to CUP standards regarding building harmony,
the City Council fmds the project will be neither incompatible or destructive to the
existipg neighborhood within which the theatre is located. In making the finding it is
important to note that theatre is located on the periphery of three zoning districts: C-I-D,
R-2, and R-I-7.5. The theatre is within but on the fringe of the C-I-D district. The
nearest residential property is situated approximately 160 feet south of the planned
seating cover, and at an elevation approximately 20-25 feet higher. The uses are
separated and screened by existing and planned landscaping. While nearby residential
, . architecture is different, the difference emanates from the different uses it serves and the
different zones in which the uses are located. The mere fact that the architecture is
different does not necessarily mean it is incompatible and destructive. The City Council
finds the planned project will be neither.
POLICY VI-3: REGULATION OF RESIDENTIAL USES SHALL BE DESIGNED
TO COMPLEMENT, CONSERVE AND CONTINUE THE AESTHETIC
CHARACfER OF ASHI..AND THROUGH USE OF THE FOLLOWING
TECHNIQUES:
A) SLOPE PROTECfION AND LOT COVERAGE PERFORMANCE
STANDARDS SHALL BE USED TO FIT DEVELOPMENT TO
TOPOGRAPHY, GENERALLY FOLLOWING THE CONCEPT mAT
DENSITY SHOULD DECREASE wrrn AN INCREASE IN SLOPE TO
~--:::>-
AVOID EXCESSIVE EROSION AND HILLSIDE CUTS. THIS OBJECTIVE
SHALL BE USED CONSISTENT WITH THE DESIRE TO PRESERVE LAND
. BY USING THE SMALLEST LOT COVERAGE POSSIBLE.
n) SITE AND DESIGN REVIEW SHALL BE USED TO ENSURE
COMPATmLE MULTIPLE-FA~Y STRUcruRES. DENSITY
INCENTIVES SHALL BE USED TO ENCOURAGE INNOVATIVE,
NON-STANDARDIZED DESIGN IN SINGLE FAMILY AREAS.
C) PERFORMANCE STANDARDS SHALL BE USED TO REGULATE NEW
DEVELOPMENT IN ASHI..AND SO mAT A V ARIETY OF HOUSING
TYPES BUILT FOR THE SITE AND IMAGINATIVE RESIDENTIAL
ENVIRONMENTS MAY BE USED TO REDUCE COST AND IMPROVE THE
CITY COUNCIL FINDINGS
Page 27
PA 89-149
~t~.i;-1i' ~.:' . ,l
. \":(i'f:;':_~\ '-."~"llf:::r;
,~ .....~-.!~
AESTHETIC CHARACTER OF NEW DEVELOPMENTS AND DECREASE
THE USE OF TRADITIONAL ZONING AND SUBDNISION STANDARDS.
D) STREET DESIGN AND CONSTRUCTION STANDARDS SHALL
PROMOTE ENERGY EFFICIENCY, AIR QUALITY, AND MINIMAL USE
OF LAND. TO THIS END, THE CITY SHALL:
1) ADOPT A MASTER CONCEPTUAL PLAN OF FUTURE STREETS BY
SIZE AND USE CATEGORY.
2) ADOPT MINIMUM STREET WIDlH STANDARDS WHICH PROVIDE
ONLY WHAT. IS NEEDED FOR ADEQUATE TRAFFIC FLOW AND
PARKING.
3) INCORPORATE BICYCLE AND PEDESlRIAN TRAFFIC PLANNING IN
STREET DESIGN.
4) LIMIT STREET SLOPES, REQUIRING CURVILINEAR STREETS
. ALONG CONTOURS IN STEEPER AREAS.
Findings: The project does not influence or affect the delivery of housing.
POLICY VI-4: CREATE AND MAINTAIN ADMINISTRATIVE SYSTEMS THAT
WILL ASSIST IN ALL PHASES OF HOUSING AND NEIGHBORHOOD
PLANNING lHROUGH USE OF THE FOLLOWING TECHNIQUES:
A) ESTABLISH AND MAINTAIN, A DATA BASE SYSTEM WHICH
. INCLUDES MEASUREMENT OF: V ACANT LAND AND LAND
CONSUMPTION; HOUSING CONDITIONS; LAND USE, LAND VALUES,
AND ANY OTHER PERTINENT INFORMATION.
B) SIMPLIFY' AND STRENGTHEN THE PROCESSING APPROVAL
MECHANISM SO THAT THE INTENT OF STATE AND LOCAL LAWS IS
FULFILLED WIlH THE GREATEST POSSIBLE lHOROUGHNESS AND
EFFICIENCY.
C) COOPERATE . FULLY WITH 1HE JACKSON COUNTY HOUSING
'AUTHORITY IN LOCATING LOW-INCOME UNITS IN ASIaAND WHEN
THIS CAN BE DONE IN LOW-IMPACf, RELATIVELY SMALL
DEVELOPMENTS, OR THROUGH FUNDING OF INDIVIDUAL
HOMEOWNER LOANS OR RENTAL ASSISTANCE.
~Findi~gs: The project does not influence or affect the delivery of housing.
POLICY VI-5: THE RESIDENTIAL SECTOR IS THE MAJOR USER OF ENERGY
IN ASIaAND. CONSISTENT WITH OTIIER HOUSING GOALS, THE CITY
SHALL STRIVE TO PROMOTE, ENCOURAGE OR REQUIRE
ENERGY -EFFICIENT DESIGN IN ALL NEW RESIDENTIAL DEVELOPMENTS. .
Findings: The project does not influence or affect the delivery of housing.
-
CITY COUNCIL FINDINGS
Page 28
PA 89-149
;j~~ {~~1
"1;1,~~':::
CHAPTER VII ~ ECONOMY
GOAL: TO ENSURE THAT THE LOCAL ECONOMY GROWS AND
DIVERSIFIES IN THE NUMBER, TYPE AND SIZE OF BUSINESSES AND
INDUS1RIES CONSISTENT WITH THE LOCAL SOCIAL NEEDS, PUBLIC
SERVICE CAPABILITIES, AND THE RETENTION OF A HIGH QUALITY
ENVIRONMENT.
Findings: The economic impact of the Shakespeare festival is estimated annually by
applicant The 1989 economic impact is estimated at $59.9 million. Refer to
Applicant's Exhibits 'P-5' and 'P-11.' The proposed theatre improvements are essential
to preserve and extend the current high levels of positive economic impact into the
future.
POLICY VII-I: THE CITY SHALL ZONE AND DESIGNATE WITHIN THE PLAN
MAP' SUFFICffiNT QUANTITY OF LANDS FOR COMMERCIAL . AND
INDUSTRIAL USES TO PROVIDE FOR THE EMPLOYMENT NEEDS OF ITS
RESIDENTS AND A PORTION OF RURAL RESIDENTS CONSISTENT WITH
THE POPULATION PROJECTION FOR THE URBAN AREA.
. Findings: In recognition of the policy, the city has zoned the subject property
Downtown Commercial (C-1-D) consistent with the comprehensive plan map.
POLICY VII-2: THE CITY SHALL AMEND THE LAND USE ORDINANCE TO
, PROVIDE FOR:
A) PLANNED INDUSTRIAL DEVELOPMENTS WI1HIN INDUSTRIAL
DISTRICfS AND CREATE AN EMPLOYMENT ZONING DISTRICf WHICH
Wll.L PROVIDE FOR LIMITED SERVICE, RETAIL COMMERCIAL AND
LIGHT INDUSTRIAL USES CONSISTENT WITH SPECIFIC
PERFORMANCE STANDARDS RELATIVE TO HEAVY TRUCK TRAFFIC,
NOISE, DUST, VIBRATION, AND NON-WORK-RELATED,
SINGLE-PASSENGER VEHICLE TRIPS.
----:::-:--
B) CONTROLLED ACCESS ALONG mGHW A Y 66 TO ENSURE FOR
COMMON ACCESS TO BUSINESSES DEVELOPING OR UNDERGOING
. DEVELOPMENT IN TIllS AREA.
C:) SPECIFIC DEVELOPMENT GUIDELINES WHICH Wll.L ENSURE
THAT:
1) NEW DEVELOPMENT OR REDEVELOPMENT IN THE HISTORIC
DISTRICf Wll.,L BE COMPATIBLE Willi THE CHARACfER OF THE
DISTRICf.
2) DEVELOPMENT ALONG SISKIYOU BOULEV ARD AND
mGHW A Y 66 WILL NOT BECOME AUTOMOBILE-ORIENTED, BlJ.'f
Wll.L BE WELL LANDSCAPED, PEDESTRIAN-ORIENTED, AND AN
A TIRACfIVE ENTRANCE TO THE CITY.
3) CONTAIN STRONG SIGN REGULATIONS WHICH ENSURE THAT
CITY COUNCIL FINDINGS
Page 29
PA 89-149
'f~: .,,;~: .
~,"~:'1'Il~':-,_. .
f'II~"T,"~;~ '
. . ~~.
THE NUMBER, SIZE AND PLACEMENT OF SIGNS ARE THE
MINIMUM REQUIRED FOR RECOGNmON BY THE PUBLIC OF
THE BUSINESS AT THE SITE.
.Findings: The cited policy is inapplicable. The city has implemented the policy through
select revisions to the implementing ordinances relating to the Employment Zone (E-l),
site review, formation of the Historic Commission, and regulations governing
commercial signs.
POLICY VII-3: THE CITY SHALL DEVELOP AND IMPLEMENT AN
ECONOMIC DEVELOPMENT PROGRAM WHICH WILL ATIEMPT TO
INCREASE pm NUMBER, V ARIETY AND SIZE OF LIGHT INDUSTRIAL
ACTIVITY EMPLOYERS WITHIN THE URBAN AREA WITH PARTICULAR
EMPHASIS ON EMPLOYERS OF FEWER THAN 200 EMPLOYEES. .
Findings: The project is not of a light industrial nature and does not occur on land either
planned or zoned for light industrial use. The cited policy is inapplicable.
POLICY VII-4: THE CITY SHALL TAKE SUCH ACTIONS AS ARE NECESSARY
TO ENSURE THAT ECONOMIC DEVELOPMENT CAN OCCUR IN A TIMELY
AND. EFFICffiNT MANNER. SUCH ACTIONS SHALL BE LIMITED TO THE
FOLLOWING:
...
A) USE OF THE LOCAL IMPROVEMENT DISTRICT PROCESS TO
RECONSTRUCT OR INSTALL PUBLIC FACILITIES TO COMMERCIAL
AND INDUSTRIAL ZONED OR PLANNED LANDS.
B) UTILIZATION OF AVAILABLE GRANTS AND LOANS TO FINANCE
THE EXTENSION OF PUBLIC FACILITIES TO LANDS ZONED OR
PLANNED FOR COMMERCIAL OR INDUSTRIAL USE.
C) INCLUSION WI1HIN THE CAPITAL IMPROVEMENTS PROGRAMS
FACILITIES IMPROVEMENTS WHICH WILL HELP ACHIEVE
LONG-RANGE DEVELOPMENT GOALS AND POLICIES NOT RELATED
TO A SPECIFIC PROPERTY.
Findings: Ashland has undertaken improvement of the downtown area. Planned
improvements related to parking in particular will enhance the Oregon Shakespeare
Festival, and other downtown businesses, uses, and activities.
POLICY VII-5: THE CITY SHALL UNDERTAKE AN UPDATE OF THE LABOR
FORCE ANALYSIS AT LEAST AT EVERY MAJOR COMPREHENSIVE PLAN
REVISION.
Findings: Ashland has recently undertaken an update of the comprehensive plan as part
of the periodic review process. Labor force analysis will be a part of the economic
element update. The policy is not specifically applicable to the subject applications.
POLICY VII-6: THE CITY SHALL ENCOURAGE AND ACTIVELY SUPPORT
ECONOMIC DEVELOPMENT PROJECTS WHICH CAN SATISFY OTHER
POLICIES OF THIS ELEMENT AS WELL AS ENSURE THAT THE AIR QUALITY
CITY COUNCIL FINDINGS
Page 30
PA 89-149
J:~';iW: ::
. , ,:\" I' ~ /~)f.:
Of.-I .
IN THE IMMEDIATE VICINITY OF THE CITY IS MAINTAINED. THOSE
ACfIVITIES WHICH WOULD RESULT IN A SIGNIFICANT DElERIORATION
OF THE LOCAL AIR QUALITY SHALL BE PROHIBITED.
Findings: As earlier discussed, the Shakespeare festival is a significant component of
th~t overall economic base of Ashland. As also discussed, the project will not result in
the provision of additional significant seating capacity for the Elizabethan Theatre. For
these reasons it is concluded that additional vehicle traffic will not result from the
planned improvements, and no other source of air contaminant discharges related to the
project are anticipated .
-
During the public hearings opponents argued that the city should seize the CUP process
as an opportunity to alter air pollution levels created by automobiles and idling busses
through restrictions on the number of performances. The City Council finds and
concludes that busses in the area serve uses in the downtown other than the subject use.
The city is currently in the process of examining alternatives to existing bus parking as a
larger air quality matter apart from the subject land use applications. The City Council
further finds that absent a significant increase in facility operations that bus and
automobile parking conditions will not worsen over prevailing levels. The City Council
further. finds that programs aimed at providing additional downtown parking which are
contained in the Ashland Downtown Plan, is the proper method to deal with downtown
parking and congestion problems.
POLICY VII-7: THE CITY SHALL NOT ENCOURAGE ECONOMIC GROWTH
BUT RATHER ECONOMIC DEVEWPMENT OF THE -LOCAL RESOURCES.
, THE CITY'S POLICY IS THAT ECONOMIC DEVELOPMENT SHALL ALWAYS-
HAVE AS ITS PRIMARY PURPOSE THE BEITER UTILIZATION OF LOCAL
RESOURCES, BOTH HUMAN AND NATURAL. ECONOMIC DEVELOPMENT
ACI1VITIES WHICH WILL CAUSE GROWTH BEYOND THE LONG-TERM
RATE ESTABLISHED IN THIS PLAN SHALL BE DISCOURAGED.
Findings: The project can be characterized by the city as an economic development
effort utilizing human resources. The project should not, in itself, result in population
increase. In other words, it is unlikely the city will grow simply by the provision of a
more efficient, functional, and comfortable theatre facility.
CHAPTER VIII - AESTHETIC RESOURCES
GOAL: PROVIDE THE PEOPLE OF ASHLAND WITH A VARIETY, QUANTITY
AND QUALITY OF PARKS AND PARK FACILITIES SUFFICIENT TO MEET
THEIR NEEDS.
Findings: The language of the goal suggests its implementation by the city. However, it
is acknowledged that park and recreational opportunities are not provided exclusively by
the public sector. In this case, the subject facility is located within Lithia Park and will
provide for enhanced theatre operation.
POLICY VITI-I: DEVELOP A PARKLAND ACQUISITION AND DEVELOPMENT
PLAN IN ACCORDANCE WITH COMMUNITY GROWTH AND PROJECTED
. PARK DEMAND. ENCOURAGE ACQUISITION WELL IN ADVANCE OF
AcruAL NEEDS.
CITY COUNCIL FINDINGS
Page 31
PA 89~149
\..;"',
"~:<~~:'~F:..~ ' r', .: . ~~~ '!> '.',;--~" .'. ',~Jt;};::
.....-
1~;'~!~
Findings: The cited policy is inapplicable as the city owns and leases to applicant the
land upon which the planned -improvements are located.
POLICY VllI-2: ASSIST IN THE DEVELOPMENT OF THE BEAR CREEK
GREENWAY, INCLUDING THE ASHLAND CREEK PORTION OF THE CITY
SYSTEM.
Findings: The cited policy is inapplicable. The site is far removed from the Bear Creek
<.'!reenway.
POLICY VIII-3: ENCOURAGE TIlE EXPANSION OF AREAS FOR ACfIVE
RECREATION, SUCH AS HUNTER PARK.
Ffndings: The policy is inapplicable. The theatre facility can not be characterized as an
active recreational facility.
POLICY VllI-4: ENCOURAGE SCHOOL PARK DEVELOPMENTS.
-
Findings: The cited policy is inapplicable. The site is not near any existing or planned
public or private schools.
POLICY VllI-5: ENCOURAGE THE CREATION OF POCKET PARKS AND
SPECIAL AREAS, ESPECIALLY IN AREAS OF INTENSE URBAN
DEVELOPMENT.
Findings: The theatre facility serves as an anchor for Lithia park and can be fairly
characterized as a "special area" consistent with the policy. The special area already
exists in the form of the existing facility, and. will be strengthened by the planned
improvements~ Use of the project site as a performing arts space predates Lithia Park.
POLICY VllI-6: COORDINATE PARKLAND ACQUISITION AND DESIGN WITH
OTHER AGENCIES INVOLVED WIlli PARK USAGE. AGENCIES SHOULD
INCLUDE JACKSON COUNTY AND THE PUBLIC SCHOOL SYSTEM.
Findings: To the extent the subject project suggests a need for coordination with other
agencies, applicant has stated their support for the effort In this case, the City of
Ashland has sole, design review jurisdiction. The policy deals with the acquisition of
open space for parks adjacent public schools and county lands. The subject site is
adjacent neither.
POLICY VllI-7: RECOGNIZE THE NEED TO PROVIDE ADEQUATE FUNDING
TO COPE WIlli INCREASING PRESSURE ON ASHLAND'S PARKS,
ESPECIALLY LITIllA PARK, DUE TO POPULATION GROWlli AND
INCREASED TOURISM.
Findings: The cited policy is inapplicable. Funding for the planned improvements will
not include city funds.
POLICY VllI-8: ENCOURAGE THE DEVELOPMENT OF PRIVATE COMMON
OPEN SPACE IN AREAS IN NEW RESIDENTIAL DEVELOPMENTS TO OFFSET
THE DEMAND FOR ADDITIONAL PUBLIC PARKS.
CITY COUNCa FINDINGS
Page 32
P A 89-149
.":;'~'~:.T! '
J7f;"(i?rr:t.
.~.-
Findings: The policy is inapplicable as the project is not residential in nature.
POLICY VITI-9: MAKE EFFORTS TO ACQUIRE THE COUNTY-OWNED
PROPERTY LOCATED sourn OF EAST MAIN STREET BElWEEN LINCOLN
AND .CALIFORNIA STREETS, AND A SITE OF FOUR OR MORE ACRES IN THE
STRAWBERRY LANE AREA, AND DEVELOP 1HIS LAND FOR PARK USE.
..
Findings: The policy is inapplicable as none of the land cited in the policy is located
near or adjacent to the project site.
POLICY VITI-I0:' CONTINUE TO ACQUIRE FUTURE PARKLANDS UNTIL
ASHLAND HAS ENOUGH LAND TO EQUAL DESIRED NATIONAL PARK
STANDARDS OF TEN ACRES/l000 POPULATION, OR A GOAL OF 210 ACRES
BY THE YEAR 2000.
Findings: City, ownership of the property makes the cited policy inapplicable.
POLICY VITI-II: EFFORTS SHOULD BE MADE TO ACQUIRE A HILLTOP
PARK WHICH HAS A PANORAMIC VIEWS OF THE V ALLEY, SO THE PUBLIC
MA Y ENJOY THIS VISTA.
Findings: The property is not located on a hilltop, has already been developed, and is
owned by the city. ,The cited policy is inapplicable.
GOAL: TO PRESERVE HISTORICALLY SIGNIFICANT STRUcruRES AND
SITES IN ASHLAND.
Findings: A component of the project is to preserve and enhance the theatre site
consistent with historical usage and structural improvements. The Historical
Commission approved the project on September 6, 1989. Refer to Exhibit 'P-6.'
Among other elements, the historic Chautauqua wall is being preserved. Exhibits 'P-2',
'P-6', 'P-12', 'P-13', 'M-8' and 'M-9' are submitted in support of compliance with the
goal and all relevant historic preservation policies.
Dining the public hearings opponents argued that the seating cover would block' the
theatre, a future historic structure. The City Council finds and concludes that the city is
under no obligation to make any special efforts under the cited goal to preserve or
protect structures which are not now deemed historically significant. It is a matter of
conjecture whether any contemporary building will later be deemed a "historically
significant structure." Exhibit 'M-9' supports the City Council finding that the
Chautauqua Wall is the only historical element on the site. In any event, public access
within the theatre itself ensures future public visibility of the entire theatre in the event
it's component elements are deemed "historic."
POLICY VllI-12: RECOGNIZE THAT THE PRESERVATION OF HISTORIC
SITES AND BUILDINGS PROVIDES NOT ONLY AESTHETIC ADVANTAGES,
. BUT ALSO ECONOMIC AND ENERGY CONSERVATION ADVANTAGES AS
WELL.
Findings: Refer to findings for the above cited historic preservation goal.
CITY COUNCIL FINDINGS
Page 33
PA 89-149
'~..>':'7\:'
r-'f:r' ~,
. 1 '..~' .
.:.~< ?~~.~
POLICY VIII-13: THE HISTORIC COMMISSION SHALL MAKE
RECOMMENDATIONS TO THE CITY COUNCIL AND PLANNING
COMMISSION ON THE ALTERATION OR DISPOSITION OF STRUCfURES,
SITES, OR NEIGHBORHOODS WIlHIN THE AREAS OF HISTORIC INTEREST
WITHIN THE CITY.
Findings: As earlier discussed, the Historic Commission reviewed and approved the
project on September 6, 1989 and again on March 7, 1990. The minutes of the meetings
are attached as Exhibits 'P-6' and 'M-8.'
POLICY VIII-14: THE HISTORIC COMMISSION SHALL REVIEW ALL
BUILDING, SIGN AND DEMOLITION PERMITS USING PROCEDURES
ESTABLISHED BY LAW WITHIN AREAS OF HISTORIC PRE S ERV ATION, AND
MAKE THIS INFORMATION A V AILABLE TO THE PERMIT APPLICANT.
-
Findings: Historic Commission review of the project on September 6, 1989 and March
7, 1990 were consistent with adopted procedures.
POLICY VIII-IS:. THE HISTORIC COMMISSION SHALL ENCOURAGE AND
PROMOTE EDUCATIONAL PROGRAMS TO EDUCATE THE PUBLIC ABOUT
THE VARIOUS VALUES OF HISTORIC PRESERVATION.
Findings: Findings are not required. Informational materials on matters of historic
concern are available through .the Planning Department.
POLICY VIII-16: THE HISTORIC COMMISSION SHALL ENCOURAGE THE
VOLUNTARY PRESERVATION OF HISTORIC SITES AND STRUCfURES BY
EDUCATING THE PUBLIC AS TO THE VALUES OF PRESERVATION.
Findings: The Historic Commission has provided encouragement in the planned
improvements as evidenced by Exhibit 'P-6' and 'M- 8.'
POLICY VIII-17: THE HISTORIC COMMISSION SHALL SEEK OFFICIAL
DESIGNATION ,BY NATIONAL, STATE AND LOCAL ORGANIZATIONS OF
IMPORTANT HISTORIC BUILDINGS AND DISTRICfS AND TO HELP THE
PLANNING STAFF AND PLANNING COMMISSION TO EXERCISE EXISTING
CONTROLS ON THE EXTERNAL APPEARANCE AND DISPOSITION OF SUCH
BUILDINGS AND DISTRlCfS.
Findings: The cited policy is inapplicable. The designation of historic sites is not a part
of the conditional use pennit process or site review.
POLICY VIII-18: THE HISTORIC COMMISSION SHALL STRIVE TO
ACCOMPLISH THE PREPARATION OF BACKGROUND INFORMATION ON
HISTORIC SITES, STRUCTURES AND AREAS, INCLUDING SUCH
INFORMATION AS PHOTOGRAPHS, DOCUMENTATION, HISTORY AND
MAPS.
Findings: The cited policy is inapplicable. The policy establishes general objectives for
the Historic Commission not relevant to specific development projects.
. CITY COUNCIL FINDINGS
Page 34
PA 89-149
-- ---------~-
'; t ~ :i;{;',
", '\~'e
i'!l;~ _:\:,~'
.. ,.;: .,' ~
~~'-~
POLICY VIII-19: USE THE HISTORIC COMMISSION TO HELP THE PLANNING
COM:MISSION DEVELOP DESIGN GUIDELINES FOR NEW DEVELOPMENTS
AND ALTERATION OF OLDER STRUcruRES AND SITES WmIIN THE
HISTORIC AREAS OF ASHLAND.
Findings: The cited policy is inapplicable.
POLICY VIII-20: ENCOURAGE ECONOMICALLY VIABLE ADAPTIVE USES
OF HISTORIC STRUcruRES WHICH WILL PERMIT THEIR CONTINUED
EXISTENCE.
Findings: The policy supports the project.
GOAL: PROVIDE FOR THE DEVELOPMENT, COORDINATION, AND
EFFECfIVE UTILIZATION OF SOCIAL SERVICES, ESPECIALLY FOR
CHILDREN, ADOLESCENTS AND SENIORS.
Findings: The policy is inapplicable.
POLICY VIII-21: ACfIVEL Y ENCOURAGE mAT SOCIAL SERVICES BE
IMPROVED, COORDINATED, FUNDED AND WELL PUBLICIZED.
Findings: The policy is inapplicable.
POLICY VIII-22: ENCOURAGE A PREVENTIVE APPROACH TO SOCIAL
SERVICE NEEDS.
Findings: The policy is inapplicable.
POLICY VIII-23: ENCOURAGE TIIAT SOCIAL SERVICES BE CONSOLIDATED
IN ASHLAND, ESPECIALLY INFORMATION AND REFERRAL SERVICES, AND
AID THIS PROCESS BY PLANNING FOR A COMMUNITY SERVICE CENTER
AND BRANCH OFFICES OF SOCIAL SERVICE AGENCIES.
Findings: The policy is inapplicable.
POLICY VIII-24: PROVIDE ACfIVITIES AND COMMUNITY SERVICE
OPPORTUNITIES FOR CHILDREN, ADOLESCENTS AND SENIORS.
Findings: ,The policy is inapplicable.
GOAL: ESTABLISH A SYSTEM OF CONNECfING LINKS AND LINEAL
TRAILS TIIROUGHOUT THE CITY.
Findings: The goal is implemented by the comprehensive plan map identifying a trail
system~ and various methods for land acquisition. The project site is within property
devoted to Lithia Park, a large recreational area having a well developed trail system
with linkage~ to the project site. New trails connecting the project site to other parts of
Lithia Park are neither planned or needed.
CITY COUNCIL FINDINGS
--:-::':.-
Page 35
PA 89-149
;Jr,r.!~;'
. >
~ ;:r~~.T~~~
I ~:rr .
POLICY VIII-25: ENCOURAGE, WHERE POSSffiLE, A SYSTEM OF
C;ORRIDORS, LINEAR PARK ROUTES AND TRAILS TO CONNECT TIm
VARIOUS PARTS OF THE COMMUNITY, AND TO LINK THE COMMUNITY TO
AREAS OUTSIDE THE CITY. ~IZE ALL POSSffiLE FACILITIES: PARKS,
OPEN SPACES, BICYCLE PAlliS, EASEMENTS, SCENIC ROADWAY ROUTES,
~ILROAD RI9HTS-OF- WAY.
Findings: Refer to findings for the previously cited underlying goal.
POLICY VIII-26: ESTABLISH, WHERE POSSffiLE, TRAILS ALONG
NON-l1RBANIZED SECfIONS OF STREAM CORRIDORS, ENSURING mAT
STREAM ECOLOGY AND ANY RESIDENCES ARE PROTECTED.
DISCOURAGE DEVELOPMENT mAT WOULD PROHIBIT STREAM
CORRIDORS FROM BEING UTILIZED FOR TRAILS.
Findings: No stream corridors exist within or adjacent to the project site.
POLICY Vill-27: REQUIRE MANDATORY DEDICATIONS OR PEDESTRIAN
ACCESS EASEMENTS AS CONDmONS OF APPROV AL FOR ALL
DEVELOPMENTS LOCATED ALONG ASHLAND CREEK AND/OR ALONG TIm
PROPOSED BEAR CREEK GREENWAY.
Findings: As discussed, the site is not located near either the Bear Creek Greenway or
Ashland Creek.
, POLICY VIII-28: RECOGNIZE THE NEED FOR ADDITIONAL TRAILS FOR
PEDESTRIAN AND BICYCLE TRAFFIC AND ENDEA VOR TO PROVIDE THEM
THROUGHOUTlHECITY. '
Findings: No city plans suggest the need for bicycle or new pedestrian routes through
the project site. The site and surrounding area is currently an area of heavy pedestrian
traffic. Planned improvements will not affect pedestrian ,use of or accessibility to the
area.
GOAL: MAINTAIN AND IMPROVE THE APPEARANCE OF ASHLAND AND
ENSURE mAT VEGETATION REMAINS AN IMPORTANT PART OF THE
ENVIRONMENT.
Findings: The City Council finds, based on the fmdings earlier addressed to other
relevant policies and criteria, that the project will be architecturally compatible with the
overall appearance of Ashland and the surrounding area. Little existing vegetation will
be affected by the proposed project in an area where natural and park vegetation is
abundant. Ad~tionallandscaping consistent with the site plan is proposed.
POLICY VIII-29: REQUIRE ALL NEW RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL DEVELOPMENTS TO BE DESIGNED AND LANDSCAPED TO A
HIGH STANDARD TO COMPLEMENT THE PROPOSED SITE AND THE
SURROUNDING AREA.
. Findings:' 'fI:1e policy is implemented through the site review process. Refer to portions
of these findings and supporting exhibits relating to landscaping and site review
CITY COUNCIL FINDINGS
Page 36
PA 89-149
. '.;~ ;'. ';~'S:~_:
, '. ' ;; :'-)~~X
-
standards.
POLICY VllI-30: ENCOURAGE IMPROVEMENT PROGRAMS FOR EXISTING'
AREAS WITH CONSIDERATION TO SUCH ITEMS AS EXTERIOR
MAINTENANCE, LANDSCAPING, SIGNS, AND UNDERGROUND PLACEMENT
OF UTILITIES.
Findings: The policy is implemented through the -site review process. Refer to portions
of these fmdings and supporting exhibits relating to site review standards. No additional
signage is proposed, and utilities currently exist underground.
POLICYVllI-31: REQUIRE HIGH STANDARDS OF DESIGN AND
LANDSCAPING FOR DEVELOPMENT ADJACENT TO MAJOR ARTERIALS,
AND ENCOURAGE DIVIDERS IN ANY NEW ACCESS ROUTES INTO'
AS~AND.
Findings: The project site is not located adjacent to any designated arterial streets.
POLICY VllI-32: REQUIRE, WHERE POSSIBLE, THAT THE ORIGINAL
VEGETATION BE RETAINED AND REQUIRE THE PROPAGATION OF NEW
VEGETATION IF IT IS REMOVED.
Findings: Some existing vegetation will be disturbed by movement of the existing
retaining wall to the rear of the new woman's restroom. The disturbed vegetation will
be replaced
POLICY VllI-33: REQUIRE STREET TREES IN ALL NEW RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS.
Findings: As discussed, applicant offered and the city did not require the installation of
additional street trees in addition to other planned landscaping improvements.
POLICY VnI-34: THE VIEW OF POMPADOUR BLUFF, VAN DYKE'S CLIFFS,
MT. AS~AND, GRIZZLY PEAK, AND THE SURROUNDING RIDGES ARE AN
IRREPLACEABLE ASSET TO AS~AND AND SHOULD BE PROTECTED
THROUGH COOPERATION WITH THE COUNTY.
. Findings:' The policy wording suggests view protection from county land use actions in
rural areas which threaten views of the cited features. The policy is deemed to lack
relevance in this case as the land in question lies in the heart of incorporated Ashland
and not within the county. Photographic exhibits to be provided during the public
hearing support a conclusion that even if the policy is applicable to subject applications,
the views of adjoining property owners of the referenced features will not be
significantly affected by the proposed seating cover. Also refer to fmdings for
Conditional ~se Permit Standard 'C' in Section III of these findings.
CHAPTER IX - PUBLIC SERVICES
GOAL: PROVIDE PUBLIC UTILITIES, SERVICES AND FACILITIES IN AN
ORDERLY, EFFICIENT AND ENVIRONMENTALLY SENSITIVE WAY AND IN
SUFFICIENT QUANTITY TO MEET CITY NEEDS NOW AND IN TIIE FUTURE.
-----::,-
CITY COUNCIL FINDINGS
-
Page 37
PA 89-149
!:::_,:~-
. ..:~ ,?
-'..", . ': ~', ..
. ~':'. ~.~. ";
:.',bJ.;~,~r ' .
.~---=--~-
Findings: The subject property has been and will continue to be served with a full range
of public facilities and services. Improvements or extensions of key facilities and
servi~es are not required to support the project. The goal is deemed to be inapplicable in
this case.
-
POLICY IX-I: PROVIDE URBAN AREAS WITH THE LEVEL OF SERVICES
APPROPRIATE TO THE DENSITY OF SEITLEMENT AND RESULTANT
SERVICE DEMAND.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-2: PROVIDE SERVICES IN A TIMELY, COORDINATED AND
ORDERLY MANNER THAT MINIMIZES COSTS AND INCONVENIENCE, AND
PREVENTS PREMATURE, INCOMPLETE DEVELOPMENT. .
Findings: Refer to findings for the Public Services Goal.
POLICY IX-3: PREVENT URBAN SPRAWL AND "LEAPFROGGING" BY
PROVIDING FULL SERVICES IN A STAGED MANNER: FIRST TO AREAS
WITIllN THE CITY LIMITS, THEN TO THE AREA WITHIN THE URBAN.
GROWlH BOUNDARY.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-4: ENCOURAGE THE UNDERGROUND PLACEMENT OF UTILITY
LINES, WITH ANY ABOVE-GROUND FACILITIES DESIGNED TO FIT TIm
LANDSCAPE.
Findings: All new utility wiring will be placed underground or within the walls of the
new structure.
POLICY IX.S: ENCOURAGE EARLY PLANNING AND ACQUISITION OF SITES
FOR NEEDED PUBLIC FACILITIES (E.G., FIRE STATIONS, SCHOOLS, ROADS,
~ARKS, ETC.).
Findings: The project site is already developed and is not planned or intended by . the
city or other provider of public facilities as a future public facility site.
POLICY IX-6: IN CONJUNCfION WITH STUDIES OF HOUSING, LAND USE,
DOWNTOWN POLICIES, ETC., IDENTIFY AND IMPLEMENT INNOVATIVE
SERVICE TECHNIQUES IN ANTICIPATION OF MAJOR TRENDS, NEEDS, AND
ECONOMIC OR ENVIRONMENTAL CHANGES, RATHER THAN WAmNG TO
REACf WHEN ALL OPTIONS ARE CLOSED.
. Findings: The cited policy is inapplicable.
POLICY IX.7: USE CAPITAL IMPROVEMENT PLANNING TO ENSURE THAT
LONG-TERM PUBLIC FACILITY PLANNING BE AS COST-EFFECTIVE AS
POSSIBLE.
~CITY COUNCIL FINDINGS
Page 38
PA 89-149
... ,.
:;i,:'rr{!'
?51~? .
.1."
Findings: The cited policy is inapplicable. The project is not a "public" facility."
POLICY IX-8: CONSIDER SYSTEM DEVELOPMENT CHARGES TO FUND
LARGE CAPITAL COSTS CAUSED BY GROwrn.
Findings: The project is not anticipated to create a need for large capital items to
support community growth.
GOAL: PROVIDE SANITARY SEWERS THAT MEET ENVIRONMENTAL.
STANDARDS FOR ALL AREAS WITHIN THE CITY LIMITS.
Findings: Refer to findings for the Public Services Goal.
POLICY IX-9: ENCOURAGE EARLY PLANNING FOR NEW SEWAGE
TREAlMENT FACll.JTIES, OUlLINING SITE REQUIREMENTS, USE OF
SEWAGE TREA lMENT BY -PRODUcrS, COSTS AND FINANCING.
Findings: The cited policy is inapplicable.
POLICY IX-I0: WHERE FEASmLE, REQUIRE ALL DEVELOPMENT WITHIN
THE CITY TO USE ASHLAND TREATMENT FACILITIES.
Findings: The existing and new facility is and will be connected to the public sewerage
collection and treatment system.
POLICY IX-II: ENCOURAGE PRODUCTIVE USE OF SEWAGE TREATMENT
BY-PRODUcrS.
Findings: The cited policy is inapplicable.
POLICY IX-12: CONSIDER THE MODIFICATION OF THE CITY'S SEWAGE
TREAlMENT FACILITY TO A TERTIARY TREATMENT FACILITY AS PART
OF THE CITY'S OVERALL CAPITAL IMPROVEMENT PLAN.
~indings: The policy is inapplicable.
POLICY IX-13: REQUIRE ANNEXATION OR CONTRACT ANNEXATION IN
ORDER TO RECEIVE SEWER SERVICE IN UNINCORPORATED AREAS.
Findings: The policy is inapplicable.
POLICY IX-14: SIZE FUTURE SANITARY SEWERS TO PROVIDE FOR
~PROJECTED GR:owrn WITHIN THE URBAN GROwrn BOUNDARY, BASED
UPON THE CITY'S COMPREHENSIVE PLAN, AND FOR ANTICIPATED
FUTURE GROwrn FOR THE LIFE OF THE FACILITY.
Findings: The policy is inapplicable.
GOAL: PROVIDE SUFFICIENT WATER SUPPLY FOR ASHLAND RESIDENTS.
Findiugs: The planned project will not affect water consumption positively or
CITY COUNCIL FINDINGS
Page 39
P A 89-149
:.......-....-,,---,.....:..;"-.-:---~
I. '
.~~.:~.~,~~.-,~ _;:;;:. "t.:>-"
." c. :~Yir!i:1
::" . - '~";.\'
----::>
negatively in comparison to existing levels.
..
POLICY IX-IS: THE CITY SHOULD CONTINUE TO ACQUIRE PRIORITY
WATER RIGHTS ON ASHLAND CREEK AS THEY BECOME A V All..ABLE.
Findings: The policy is inapplicable.
POLICY IX-16: THE CITY SHOULD ATIEMPT TO PURCHASE ADDITIONAL
TALENT IRRIGATION DISTRICf WATER FROM CONFIRMED OWNERS.
Findings: The policy is inapplicable.
POLICY IX-17: THE CITY SHOULD FURTIlER STUDY THE CONSTRUCTION
OF A NEW IMPOUNDMENT ON ASHLAND CREEK AT THE WINBURN SITE
TO AUGMENT THE CITY'S STORAGE CAPACITY IN THE WATERSHED.
Findings: The policy is inapplicable.
POLICY IX-IS: THE CITY SHOULD PRIORITIZE AND IMPLEMENT NEEDED
WATER SYSTEM IMPROVEMENTS, AS IDE~llJ:4lliD BY THE CITY WATER
PLAN, AS PART. OF THE CITY'S OVERALL CAPITAL IMPROVEMENT PLAN.
Findings: The policy is inapplicable.
POLICY IX-19: THE CITY SHOULD DEVELOP WATER CONSERVATION
MEASURES WHICH CAN BE IMPLEMENTED IN CRITICAL WATER YEARS.
Findings: The policy is inapplicable.
POLICY IX-20: THE CITY SHOULD EXERT PRESSURE ON THE U.S. FOREST
SERVICE TO MANAGE THE WATERSHED IN WAYS WHICH ARE
COMPATIBLE AND NOT DETRIMENTAL TO ASHLAND'S FUTURE USE OF
THE WATERSHED AS THE CITY'S WATER SUPPLY. USES OF THE
WATERSHED WHICH CAUSE INCREASED SEDIMENTATION IN REEDER
RESERVOIR SHOULD BE VERY STRONGLY OPPOSED BY THE CITY.
Findings: The policy is inapplicable.
POLICY IX-21: ENSURE THAT THE CITY'S EFFORTS TO REMOVE SEDIMENT
FROM REEDER RESERVOIR HAVE AS LITILE HARMFUL ENVIRONMENTAL
IMPACfS ON ASHLAND AND BEAR CREEKS AS POSSffiLE.
Findings: The policy is inapplicable.
GOAL: TO PROVIDE AN ADEQUATE STORM WATER DRAINAGE SYSTEM
THROUGHOUT THE ENTIRE CITY OF ASHLAND.
Findings: Implementation of the policy rests with the city of Ashland. The project site
is within the downtown area and uses the existing natural and underground storm
drainage system.
~ITY COUNCIL FINDINGS
Page 40
PA 89-149
l",;-', \
< :,t:~ },;~',;
_'. !..~.~, '.~.. ~;~::-~. !l~~~'~~:~'~"'\
":t,.:::
:~:;'~', .
POLICY IX-22: THE CITY SHOULD FUND AND DEVELOP AN OVERALL
STORM WATER MANAGEMENT PLAN FOR 1HE ENTIRE CITY.
Findings: The cited policy is inapplicable. Policy implementation must be by the city
as the principle provider of key public facilities.
POLICY IX-23: ENSURE mAT ALL NEW DEVELOPMENTS INCLUDE A
DRAINAGE SYSTEM WHICH PROTECfS ADJOINING PROPERTY AS MUCH
AS POSSIBLE.
Findings: The project does not significantly increase or decrease the amount of
impermeable surface area. As such, the volume of storm water flows are not increased.
The existing storm drainage system will continue to be used. Improvements to the
system are not warranted by the scope and nature of the project. -
POLICY IX-24: ENCOURAGE DRAINAGE SYSTEMS mAT UTll..IZE
NATURAL DRAINAGE WAYS AND MINIMIZE 1HE AMOUNT AND RATE OF
SURFACE RUNOFF.
Findings: Refer to fmdings for the previous policy.
POLICY IX-2S: CONSIDER NECESSARY IMPROVEMENTS TO THE CITY'S
STORM WATER SYSTEM AS PART OF THE CITY'S OVERALL CAPITAL
IMPROVEMENT PLAN.
Findings: The cited policy is inapplicable. The policy is implemented exclusively by
the city. No storm drainage improvements in the area are planned or needed.
POLICY JX-26: IN ALL NEW DEVELOPMENTS, DISCOURAGE THE PUMPING
. OF STORM WATER DRAINAGE, INCLUDING THE USE OF SUMP PUMPS.
Findings: Storm waters naturally drain from the site into the city's underground system
and into natural drainages within Lithia - park. The pumping of storm waters does not
now occur and is not planned or needed to accommodate the project.
GOAL: PROVIDE SYSTEMATIC CONTROL OF THE SOLID WASTE PROCESS
FROM COLLECTION TO STORAGE, EMPHASIZING EFFICIENCY, RESOURCE
RECOVERY AND ENVIRONMENTAL PROTECTION.
'Findings: The cited policy is inapplicable. The project will not result in additional or
unusual solid waste.
fOLICY IX-27: ENCOURAGE OPPORTUNITIES FOR RECYCLING AND
RESOURCE RECOVERY IN ALL SOLID WASTE COLLECTION PROGRAMS.
Findings: The cited policy is inapplicable. Refer to findings below for Policy IX-28.
POLICY IX-28: ENCOURAGE HIGH ENVIRONMENTAL AND AESTHETIC
STANDARDS IN THE COLLECTION, RESOURCE RECOVERY AND DISPOSAL
OF SOLID WASTE.
CITY COUNCIL FINDINGS
Page 41
PA 89-149
-
Findings: The cited policy is inapplicable as the emphasis for implementation rests with
the city to encourage the stated actions. In point of fact, the applicant has encouraged
the recycling materials used to construct stage sets by inviting the public to take the
materials after they are no longer useful for performances. Recycling efforts. have also
been undertaken by applicant in the form of transporting various other paper and
cardboard products to recycling centers.
POLICY IX-29: THE CITY SHALL COORDINATE WIlli JACKSON COUNTY
ON THE PROVISION OF SOLID WASTE DISPOSAL SITES TO MEET CURRENT
AND LONG-RANGE NEEDS. .
Findings: The cited policy is inapplicable.
GOAL: MAKE MAXIMUM EFFORT TOWARD UTILIZATION OF PRESENT
AND FUTURE EDUCATIONAL AND RECREATIONAL FACILITIES AND
RESOURCES TIIROUGH PUBLIC, PRIV ATE AND CITY COOPERATION.
Findings: Planned improvements to the theatre will enhance the existing
educationaVrecreational facilities.
POLICY IX-30: ENCOURAGE COOPERATION BETWEEN THE CITY AND
SCHOOL DISTRICT WHEN NEW SCHOOL FACILITIES ARE CONSIDERED OR
WHEN CITY ACfION AFFECfS THE SCHOOL DISTRICf.
Findings: The policy is inapplicable as the planned project will not affect public schools
I positively or negatively.
POLICY IX-31: ENCOURAGE EARLY ACQUISmON OF SCHOOL SITES OF
SUFFICffiNT SIZE FOR SCHooL/pARK FACILITIES.
Findings: The policy is inapplicable. The project site has not been identified by any
city or school district plan as a site for future school facilities. .
POLICY IX-32: ASSESS THE IMPACf OF LARGE-SCALE PROPOSED
DEVELOPMENTS AND THEIR EFFECT ON THE SCHOOLS WHICH THEY
IMPACf.
. Findings:'The project will not generate additional school-age children or in any manner
affect school capacities. The cited policy is found to be inapplicable.
CHAPTER X - TRANSPORTATION
GOAL: PROVIDE A TRANSPORTATION SYSTEM WHICH IS SAFE,
DIVERSIFIED, COST AND ENVIRONMENTALLY EFFICffiNT, EMPHASIZES
ALTERNATE MODES OF TRANSPORT, MEETS THE NEEDS OF THE
TRANSPORTATION DISADVANTAGED, AND ENHANCES THE LOCAL
ECONOMY, SCENERY AND NEIGHBORHOODS.
Findings: The project site is located in the downtown area which is served by fully
improved streets and public transportation services.
---;.:.-
CITY COUNCIL FINDINGS
Page 42
PA 89-149
".-:.
'-, -. - 'i':':' ;~;", .
; ~. ":.~':' r '~~Wf:~~.': , I
POLICY X-I: STREET CONDITIONS
A) COORDINATE 'THE CITY TRANSPORTATION SYSTEM WITH
COUNTY, REGIONAL, STATE AND FEDERAL PLANS.
B) UNPAVED AND POORLY SURFACED STREETS SHOULD BE
IMPROVED TO PROVIDE MORE EFFICIENT TRAFFIC FLOWS.
C) PROHIBIT THE FORMATION OF NEW UNPAVED ROADS BY
FORBIDDING DEVELOPMENT TO OCCUR ON ROADS WHICH ARE
UNPAVED AND UNOPENED.
Findings: As mentioned, the downtown project site is served with fully improved
streets. No unpaved roads exist adjacent to the project site.
POLICY X-2: ACCIDENTS
A) ENSURE ADEQUATE VISIBILITY AT ALL INTERSECTIONS FOR THE
SAFE FLOW OF TR~IC.
. B) IMPLEMENT TRAFFIC CONTROL MEASURES INTO INTERSECfIONS
WHERE TRAFFIC FLOW PROBLEMS ARE PREDICTED TO OCCUR.
Findings: Existing streets and traffic control devices are adequate in the area of the
project site. No city plans suggest a need for intersection improvements or traffic
I control devices. Direct vehicle access into the site is not required or provided.
POLICY X-3: STREET DEDICATIONS AND DESIGN
A) NEW STREET DEDICATIONS SHOULD ONLY TAKE PLACE AFrER
'CONSIDERING THE TOTAL IMPACT OF THE STREET ON THE
SURROUNDING AREA.
B) LOCATE FUTURE ARTERIAL STREETS AWAY FROM SCHOOLS,
PARKS, AND OTHER OPEN SPACE USES WHENEVER POSSffiLE.
C) REQUIRE NEW STREET PROmCfS TO ENSURE MINIMAL IMPACT
ON TERRAIN AND NATURAL VEGETATION.
-~_ D) CONSIDER TOPOGRAPHY, SOIL CHARACfERISTICS, GEOLOGIC
CONDmONS, . DRAINAGE PATIERNS, POTENTIAL RUNOFF
QUANTITIES, TYPE OF LAND USES, AND PURPOSE OF STREETS WHEN
. DEVELOPING NEW STREET PROmCfS. '
..
E) EVALUATE ASHLAND'S STREET DESIGN STANDARDS
PERIODICALLY AND SUGGEST IMPROVEMENTS WHICH WOULD
REDUCE COSTS BUT MAINTAIN ADEQUATE QUALITY.
F) NEW STREETS SHALL BE CONSTRUCTED TO A SIZE APPROPRIATE
TO THE EXPECTED TRAFFIC FLOW.
CITY COUNCIL FINDINGS
Page 43 .
PA 89-149
< }'~L~;~,:~-' , :':'.:
',,; i
. ", ' . ,,.., ".~
~/!;'~~:':~- :_," ~~', ,;r~'.~:~.r~ ',~' T :"
.' ',~,. ,l t "
J,.~'
:..{~t...
G) STREET LOCATIONS AND DESIGN SHALL PRESERVE THE
CHARACfER OF THE NEIGHBORHOODS.
H) THROUGH AUTOMOBILE. TRAFFIC IN RESIDENTIAL
NEIGHBORHOODS SHALL BE DISCOURAGED TIIROUGH STREET
DESIGN.
I) REQUIRE LANDSCAPING AND NOISE REDUCTION MEASURES IN
ANY STREET DESIGN OR IMPROVEMENT ADVERSELY IMPACfING A'
NEIGHBOR HOOD AREA.
J) ENCOURAGE EFFORTS TO LANDSCAPE AND BEAUTIFY EXISTING
STREETS, 'ENSURING ADEQUATE VISmILITY FOR VEHICLES AND
PEDESTRIANS.
Findings: As mentioned, no vehicle access into the site exists, except emergency and
delivery vehicle access through the brick plaza, and none is anticipated by the project.
The site is accessed by pedestrian traffic only off fully improved public. streets. The
dedication of land for new streets or improvement of existing streets in the area are not
anticipated by any city plan or program. The project does not anticipate increasing the
intensity vehicular use over current levels. The policy found to be inapplicable.
POLICY X-4: ACCESS
A) MAINTAIN CARRYING CAPACITY AND EASE OF MOVEMENT OF
ARTERIALS AND OTHER STREETS BY THE USE OF LIMITED ACCESS
THROUGH THE SITE REVIEW PROCESS.
B) DIRECf ACCESS ONTO STREETS DESIGNATED AS ARTERIALS
SHOULD BE DISCOURAGED WHENEVER AN ALTERNATIVE EXISTS OR
CAN BE MADE A V AILABLE.
C) NEW DIRECf ACCESS TO ARTERIALS SHOULD BE ALLOWED ONLY
WHEN LAND USE AND TRAFFIC PATTERNS OF TIIE SURROUNDING
AREA HAVE BEEN CONSIDERED. '
.D) REQUIRE DESIGN mAT .COMBINES THE ACCESS OF SEVERAL
DEVELOPMENTS TO A SINGLE POINT IN NEW DEVELOPMENTS.
Findings: A~ mentioned, no direct access to arterial streets from the facility exists or is
planned. The policy is inapplicable.
-POLICY X-S: GROWTH
A) ENCOURAGE STREET DESIGN IMPROVEMENTS WHICH WILL
SPEED AND SMoolH THE FLOW OF TRAFFIC.
--;::':.--
.. .
B) MAKE TIMELY IMPROVEMENTS IN DESIGN STANDARDS AND
. TRAFFIC CONTROL DEVICES.
C) MONITOR TRAFFIC FLOWS AND DETERMINE STREETS AND
CITY COUNCIL FINDINGS
Page 44
P A 89-149
INTERSECTIONS WHERE CAPACITY PROBLEMS MAY ARISE.
D) DEVELOP A MASTER STREET IMPROVEMENT PLAN WInCH DEALS
WITH PROBLEMS PREDICfED BY FUTURE TRAFFIC FLOWS.
E) PLAN FOR THE IMPROVEMENT OF HERSEY, NEVADA AND
MOUNTAIN A VENUE AS ALTERNATIVE ROUTES TO THE DOWNTOWN
AREA FOR NORlli- SOUlli TRAFFIC.
F) PREP ARE A PLAN TO INTEGRATE A NEW FREEW A Y INTERCHANGE
AT MOUNTAIN AVENUE INTO THE PRESENT TRANSPORTATION
NElWORK.
G) STREET DEDICATIONS SHALL BE REQUIRED AS A CONDITION OF
LAND DEVELOPMENT. A FUTURE STREET DEDICATION MAP SHALL
BE ADOPTED AND IMPLEMENTED AS PART OF THE LAND
. DEVELOPMENT CODE.
Findings: The policy is inapplicable. Refer to findings for the two previous policies.
POLICY X-6: PEDESTRIANS AND BIKEWAYS
A) PEDESTRIAN TRAFFIC SHOULD BE SEPARATED FROM AUTO
TRAFFIC ON STREETS AND IN PARKING LOTS.
B) PEDESTRIANS SHOULD BE SEPARATED FORM BICYCLE TRAFFIC
WHEN POSSmLE, AS THE lWO ARE NOT COMPATIBLE ON THE SAME
PAlliWAY.
C) PROVIDE ADEQUATE PEDESTRIAN FACILITIES IN CONJUNCTION
WITH ALL NEW STREET IMPROVEMENT PROJECTS AND ALL NEW
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS.
D) MINIMIZE CONFLICTS BETWEEN TRANSPORTATION TYPES,
ESPECIALLY WHEN THOSE CONFLICTS CREATE A PARTICULARLY
-~- HAZARDOUS AREA.
E) ENCOURAGE OFF-STREET PEDESTRIAN PATHWAYS TO OFFER
. DIRECT, SAFE ROUTES.
-
F) IMPROVE SAFETY, CONVENIENCE AND EFFICIENCY OF EXISTING
BIKEWAYS.
G) PROVIDE APPROPRIATE BICYCLE FACILITIES IN CONJUNCTION
WITH ALL NEW STREET IMPROVEMENT PROJECTS AND ALL NEW
COMMERCIAL, INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS.
H) BIKEW A YS SHOULD BE INTEGRATED ONTO EXISTING STREETS IN
A SEPARATE LANE UNLESS SAFETY FACTORS DICfATE SEPARATION
OF BICYCLES AND AUTOS.
CITY COUNCIL FINDINGS
Page 4S
PA 89-149
v';d.~:; .' . .
,:,.> J:, -, . '; i . r '~
: ;~~i1!~~'
I) RECREATIONAL BIKEWAYS AND WALKWAYS SHOULD BE
CONSTRUCTED USINGNA TURAL AREAS AND SCENIC VIEWS.
J) PROVIDE OR REQUIRE SECURE BICYCLE STORAGE IN AREAS SUCH
AS COMMERCIAL CENTERS, RECREATIONAL AREAS, AND
EMPLOYMENT CENTER.
K) PROVIDE OR REQUIRE HANDICAPPED pARKING SPACES IN
LARGER DEVELOPMENTS.
Findings: The downtown area in general is served with improved bicycle and pedestrian
facilities. In particular, the project site is planned and oriented for large volumes of
pedestrian traffic. Pedestrian and bicycle traffic on the site and in the surrounding area
are fully separated.
POLICY X-7: RAll..ROADS
A) ENCOURAGE THE USE OF RAll.. TRANSPORT FOR TIlE MOVEMENT
OF GOODS AS A MEANS OF CONSERVING ENERGY.
B) MITIGATE RAll..ROAD NOISE TIIROUGH 1HE USE OF BERMING AND
LANDSCAPING IN DEVELOPMENTS ADJACENT TO TIlE RAll..ROAD
AND WHICH ARE IMPACTED BY RAll..ROAD NOISE.
Findings: The subject property is separated from existing railroad facilities for a
. distance of about 1600 feet. No significant railroad noise exists in the area, and the
subject use does not utilize railroad transport facilities.
POLICY X-8: MASS TRANSIT
A) ENCOURAGE USE AND PUBLIC AWARENESS OF LOCAL BUS
SYSTEMS BY CITY RESIDENTS.
-B) ENCOURAGE THE LOCAL BUS SYSTEM TO IMPROVE
ACCESSIBll..ITY AND CONVENIENCE FOR COMMUTERS TIIROUGH
SCHEDULING AND ROUTING PROGRAMS.
C) SUGGEST CHANGES IN THE PRESENT BUS SYSTEM TO IMPROVE
SERVICE AND INCREASE RIDERSHIP.
D) PERIODICALLY EVALUATE BUS ROUTES AND SUGGEST' CHANGES
TO ACCOMMODATE NEW GROWTH AND DEMAND.
E) CONSIDER - THE SPECIAL NEEDS OF THE HANDICAPPED AND
TRANSPORTATION DISADVANTAGED WHEN DEVELOPING AND
. IMPLEMENTING MASS TRANSIT AND TRANSPORTATION SYSTEMS.
~--: --'
Findings: The downtown area in general is served by the Rogue Valley Transit District,
(RVTD). Existing bus routes exist along East Main Street providing for convenient
access to the existing theatre facility and project site. As discussed, bus parking is
provide on Pioneer Street to serve the subject use. The site is currently handicap
CITY COUNCIL FINDINGS
Page 46
PA 89-149
~;~::,';\~
"\., '
I' '.
.~~~;t{~~I_ ,'. . '
accessible. The proposed project will improve and enhance handicap use and
accessibility. The intended theatre improvements will provide more and a greater
variety of seating accessible by people confined to wheelchairs.
POLICY X-9: FUEL CONSUMPTION AND AIR POLLUTION
A) ENCOURAGE RESIDENTS OF TIm CITY TO USE BICYCLING AND
WALKING AS ALTERNATIVES TO TIm AUTOMOBaE WHENEVER
POSSffiLE.
'B) ENCOURAGE RIDE-SHARING PROGRAMS (CARPOOLING) IN BOTH
PUBLIC AND PRIV ATE SECTORS.
C) ENCOURAGE EDUCATION PROGRAMS SHOWING THE ENERGY
SAVINGS AND POLLUTION REDUCTION RESULTING FROM
ALTERNATE MODES OF TRAVEL AND RIDE-SHARING.
D) DISCOURAGE TIm USE OF DRIVE-UP WINDOWS THROUGH TIm
IMPLEMENTING ORDINANCES.
Findings: Existing pedestrian and bicycle facilities, developed public streets, and public
transportation services provide. opportunities for alternative forms of access to the site in
conformance with the policy. Drive-up windows are not planned or needed.
, ~OLICY X-I0: PARKING
A) DISCOURAGE NON-RESIDENTIAL VEmCLE PARKING IN
RESIDENTIAL NEIGHBORHOODS.
--;:--
B) REQUIRE NEW BUSINESSES TO PROVIDE ADEQUATE PARKING
SPACES FOR EMPLOYEES AND CUSTOMERS, EXCEPT IN DOWNTOWN
, AREA.
C) REEVALUATE PARKING SPACE SIZE REQUIREMENTS DUE TO TIm
INCREASED USE OF SMALLER CARS.
D) ENCOURAGE SHARING OF EXISTING AND FUTURE PARKING
FACaITIES 'BY VARIOUS NEARBY BUSINESSES.
E) DEVELOP ADDITIONAL LOADING ZONES AND BUS PARKING
SPACES AND ENCOURAGE THE USE OF EXISTING FACaITIES.
F) DEVELOP A PARKING PLAN FOR THE DOWNTOWN AREA WIlli
CONVENIENT AUTO AND PEDESTRIAN ACCESS.
G) REQUIRE EFFECTIVE LANDSCAPING THROUGHOUT CONTINUOUS
PAVED PARKING AREAS TO INCREASE SHADING, SCREENING AND
BUFFERING AESTImTICS AND FOR PERCOLATION OF WATER INTO
TIm GROUNDWATER TABLE.
Findings: Subsection 18.32.050(A) ALUO specifically exempts uses in the downtown
CITY COUNCIL FINDINGS
Page 47
, P A 89-149
j,~"lr~."'!'J'.:' -
. .. ~~"r5'9-"'"
.. ",w.;.- _
area, (except residential, hotel, and motel uses), from providing off-street parking
consistent with Chapter 18.92 ALUO. To the extent Section "F" of the cited policy is
applicable, the burden for implementation rests with the city. The applicant has
supported city efforts, currently underway, to develop a parking plan for the downtown
area. It is noteworthy that the Hargadine Street parking lot near the project site was
provided by the applicant even though applicant was and is under no obligation to
provide parking under the prevailing ordinance.
CHAPTER XI - ENERGY
GOALS: THE CITY SHALL STRIVE, IN EVERY APPROPRIATE WAY, TO
REDUCE ENERGY CONSUMPTION WIlHIN THE COMMUNITY. THESE
REDUcnONS Wll.,L BE ACHIEVED PRIMA.R.a Y BY INCREASING THE
EFFECI1VENESS OF ENERGY AND USE, RATHER THAN BY SACRIFICING
LNING STANDARDS. MOREOVER, THE CITY SHALL PROMOTE
APPROPRIATE SUBSTIWTIONS OF ENERGY FORMS TO AVOID TIlE USE OF
ELECTRICITY FOR OTHER THAN SPECIALIZED REQUIREMENTS AND
THEREBY ACHIEVE FURTHER REDUCfIONS IN TOTAL RESOURCE
UTILIZATION.
IN GENERAL, POLICIES THAT EFFEcr CHANGE THROUGH A
'COMBINATION OF ECONOMIC INCENTIVES AND PUBLIC EDUCATION
SHALL BE CONSIDERED MORE APPROPRIATE THAN POLICIES INVOLVING
STRlcr LEGAL REQUIREMENTS OR MANDATES. THE EFFECf OF SUCH
, LIMITED, POLICIES MUST BE CAREFULLY MONITORED AND TIIEIR
ADEQUACY EVALUATED ON A TIMELY BASIS.
THE CITY SHALL GNE DUE ATIBNTION TO ENERGY CONSIDERATIONS IN
ALL MUNICIPAL DECISION MAKING.
Findings: The Elizabethan Theatre is currently and will remain an open-air theatre used
only during months with favorable weather conditions. No artificial heating or cooling
of the facility is proposed, except as explained under the Natural Climate Control
criteria of the Commercial and Employment Development Site Design Guidelines, cited
aI!d. addressed in Section IV of these findings.
POLICY XI-I: INFORMATION
~) THE CITY SHALL EMPLOY A FULL-TIME ENERGY
PLANNER/ADMINISTRATOR WORK WI1H CITY ADMINISTRATION,
THE ELEcrRIC AND PLANNING DEPARTMENTS IN COORDINATING
AN ENERGY INFORMATION SYSTEM, AND IN DEVELOPING AND
IMPLEMENTING CONSERVATION PROGRAMS.
B) AN UPDATE/APPENDIX TO lHIS PLAN ELEMENT SHALL BE
MAINTAINED CONTAINING THE FOLLOWING COMPONENTS:
AN ANNOTATED BffiLIOGRAPHY,
AN IMPROVED BENCHMARK DATA BASE ON ENERGY END USE
CITY COUNCIL FINDINGS
Page 48
P A 89-149
. .-,
;{ ;.t. ~\ '.. :,1
.....~. -. ....
. ~ ~ ~ .
.",. ::~'~~ , ,....J;, '~~;r~',
.'"t.'...-
EFFICIENCY,
CRITERIA FOR ESTABLISHING ADMINISTRATIVE RULES AND
REGULATIONS,
. INFORMATION ON THE PROGRESS OF SPECIFIC PROGRAMS.
C) THE CITY SHALL FOSTER LOCAL RESEARCH, ON
ENERGY-RELATED MATfERS IN COOPERATION WITH SOSC, SORSI,
SUNERGI AND OTHER INTERESTED PARTIES.
D) THE CITY SHALL DEVELOP CLEAR INFORMATION FOR THE
GENERAL PUBLIC IN THE FORM OF ENERGY EFFICIENT GUIDELINES.
E) THE CITY SHALL ESTABLISH AND ADHERE TO SPECIFIC
PROCEDURES FOR MONITORING THE EFFECfIVENESS OF
CONSERVATION PROGRAMS.
F) THE CITY SHALL WORK WITH ROGUE V ALLEY DATA PROCESSING
TO DEVELOP STATISTICAL SUMMARIES OF ELECI'RICITY USE.
v"-;___ .
G) IN ADDITION, ATfEMPTS SHOULD BE MADE TO GATHER DATA ON
'ENERGY USE FROM OTHER SOURCES, ESPECIALLY FROM CP
~ATIONAL.
. Findings: The cited policy is inapplicable. The open- air nature of the facility, and
general nature of the policy support a finding that the policy is inapplicable.
POLICY XI-2: EXISTING HOUSING
A) THE MAJORITY OF THE HOUSING STOCK IN THE YEAR 2000 IS
ALREADY HERE. RELATIVELY FEW HOMES WILL BE ADDED IN THE
COURSE OF THE PLANNING PERIOD. MOREOVER, THE OLDER,
EXISTING HOMES' TYPICALL Y HAVE VERY mGH THERMAL
REQUIREMENTS DUE TO POORLY DEVELOPED INSULATION
TECHNOLOGY AND A LACK OF CONCERN FOR ENERGY EFFICIENCY
AT THE TIME OF THEIR CONSTRUCfION.
THE CITY SHALL UNDERTAKE PROGRAMS TO ENSURE THAT THE
EXISTING HOUSING STOCK WILL POSSESS, BY..THE YEAR 2000:
1) OPI1MAL WEATHERIZATION
2) WATER HEATER INSULATION
3) WHERE FEASIBLE, SOLAR WATER HEATING.
B) THE CITY WILL WORK WITH BPA AND OTHER ENERGY
PROVIDERS AND WITH STATE AND FEDERAL AGENCIES TO SECURE
AND COORDINATE FUNDING SOURCES FOR SUCH IMPROVEMENTS.
IN ADDITION, THE CITY WILL UNDERTAKE A BROAD-BASED
CITY COUNCIL FINDINGS
Page 49
P A 89-149
~'~;r;::~:~
:.,., ,!l ~
-~.;;,;~~ "
, (~l,
. ":0(1
EDUCATIONAL PROGRAM AND PROVIDE TECHNICAL ASSISTANCE
AS APPROPRIATE.
Findings: The policy is inapplicable as the project is not of a housing/residential nature.
POLICY XI-3: NEW HOUSING
'A) A DENSITY BONUS SHALL BE ALLOWED WHEREVER POSSffiLE ON
TIm BASIS OF A MEASURABLE INCREASE IN ENERGY EFFICIENCY IN
NEW HOUSING.
B) . A REASONABLE AMOUNT OF SOLAR ACCESS SHALL BE
PRESERVED FOR ALL LAND PARCELS.
C) NEW HOUSING SHOULD ACHIEVE A MINIMUM SOLAR
ORIENTATION WHEREVER PRACTICAL. AN EXAMPLE OF NO-COST
,STANDARDS WOULD BE AS FOLLOWS:
1) AT LEAST 10% OF THE FLOOR SPACE IN SOUTIi-FACING
GLASS.
2) SHADING DEVICES FOR SUMMER COOLING ON ALL SOUTIi-,
EAST- AND WEST-FACING WINDOWS.
3) SOUTH-FACING AREAS SUITABLE FOR RETROFIT wrm
SOLAR COLLECTORS.
--=::-:.--
D) THE CITY SHALL PROMOTE THE USE OF SOLAR, WOOD,
, HEAT-PUMP OR OTHER RENEWABLE ENERGY WATER HEATING IN
NEW HOMES.
..
E) ALL PUBLICLY SUBSIDIZED HOUSING CONSTRUCfED IN
ASHLAND SHALL BE BUILT USING ALL COST-EFFECTIVE SOLAR AND
CONSERVATION STRATEGIES.
Findings: The policy is inapplicable as the project is not of a housing/residential nature.
POLICY XI-4: COMMERCIAL, INDUSTRIAL AND PUBLIC BUILDINGS
A) ALL APPLICATIONS FOR NEW BUILDINGS SHALL INCLUDE THE
FOLLOWING INFORMATION:
1) A LIST OF ALL ENERGY SOURCES PROPOSED TO BE USED.
- HEATING AND HEAT LOSS;
- LIGHTING;
- COOLING AND REFRIGERATION;
- OTHER.
CITY COUNCIL FINDINGS
Page 50
PA 89-149
2) A STATEMENT DESCRIBING THE APPROPRIATENESS OF THE
ENERGY SOURCES USED.
B) ALL NEW STRUCfURES UNDERGOING THE CITY'S SITE REVIEW
PROCEDURE SHALL BE REVIEWED BY THE ENERGY CONSERV AnON
COORDINATOR. THE ENERGY COORDINATOR SHALL ADVISE THE
DEVELOPERS OF ALL NEWCONSTRUCfION AND COST-EFFECTIVE
METHODS OF ENERGY CONSERV A TION.
PROCEDURES FOR COMPUTING THE PAY-BACK PERIOD SHALL BE
DETERMINED ADMINISTRATIVELY, SPECIFYING BOTH THE
DISCOUNT RATE AND THE ENERGY PRICE INFLA TION RATE.
~~:.--~ .
Findings: As discussed, the open-air theatre has no artificial heating or cooling, except
as exu.lained under the Natural Climate Control criteria of the Commercial and
Employment Development Site Design Guidelines, cited and addressed in Section IV of
these fmdings for which municipal electricity is used. Municipal electricity is used for
performance and securing lighting, and other incidental uses which currently exist and
will continue to exist following the planned improvements. The policy is found to be
generally inapplicable.
POLICY XI-5: SMALL ENERGY SYSTEMS
A) THE CITY SHALL PROMOTE THE DEVELOPMENT AND
COMMERCIALIZATION OF SMALL-SCALE HOME AND
NEIGHBORHOOD ENERGY SYSTEMS.
Findings: The cited policy is inapplicable.
CHAPTER XII - URBANIZATION
GOAL: IT IS THE CITY OF ASHLAND'S GOAL TO MAINTAIN A COMPACT
URBAN FORM AND TO INCLUDE AN ADEQUATE SUPPLY OF VACANT
LAND IN THE ,CITY SO AS NOT TO IllNDER NATURAL MARKET FORCES
WITIllN THE CITY, AND TO ENSURE AN ORDERLY AND SEQUENTIAL
DEVELOPMENT OF LAND IN THE CITY LIMITS.
Findings: As mentioned, the subject property is located within the incorporated
downtown area of Ashland on land that is already developed. The goal is found to be
inapplicable.
POLICY XII-I: THE CITY SHALL STRIVE TO MAINTAIN AT LEAST A
5-YEAR SUPPLY OF LAND FOR ANY PARTICULAR NEED IN THE CITY
LIMITS. THE 5-YEAR SUPPLY SHALL BE DETERMINED BY THE RATE OF
CONSUMPTION NECESSITATED IN THE P~OJECfIONS MADE IN THIS
COMPREHENSIVE PLAN.
Findings: The policy is inapplicable. Refer to findings for the Urbanization Goal.
POLICY XII-2: THE CITY SHALL INCORPORATE VACANT LAND ONLY
CITY COUNCIL FINDINGS
Page 51
P A 89-149
. ." '. ";". ~ - . . '! .~~ 1
':~>' - ~: >. ,'~
. ' , .. -. ~;'
'>I.' '
"-c" /;~tf(', " ;
~.r :r:.
AFIER A SHOWING THAT LAND OF SIMll...AR QUALITIES DOES NOT
ALREADY EXIST IN THE CITY LIMITS, OR IF ANNEXATION IS NECESSARY
TO ALLEVIATE A PROBABLE PUBLIC HEALnI HAZARD.
Findings: The policy is inapplicable. Refer to findings for the Urbanization Goal.
'POLICY XII-3: THE CITY SHALL ENTER INTO A COOPERATIVE
AGREEMENT WITH JACKSON COUNTY. THIS AGREEMENT SHALL
DESIGNATE nIB CITY'S AND COUNTY'S JOINT POLICIES FOR LAND NOT
URBANIZED. GENERALLY SPEAKING, LAND NOT IN THE CITY'S URBAN
GROWTII BOUNDARY IS TO BE MAINTAINED IN A RURAL STATE. LAND
BElWEEN THE CITY LIMITS AND URBAN GROWTII BOUNDARY IS TO BE
MAINTAINED IN A RURAL STATE UNTIL ANNEXED BY nIB CITY.
URBAN-LEVEL DEVELOPMENT IN nIB COUNTY, BUT WITInN THE URBAN
GROWTII BOUNDARY, IS INAPPROPRIATE TO THE NEEDS, AND DESIRES OF
~THE CITY OF ASHLAND TO IMPLEMENT ITS URBANIZATION GOAL.
Findings: The policy is inapplicable.' Refer to fmdings for the Urbanization Goal.
POLICY Xll-4: THE CITY, SHALL DEVELOP ITS CAPITAL IMPROVEMENT
PROGRAM TO ACCOMMODATE ALL THE LAND WITHIN THE URBAN
GROWTII BOUNDARY WITH AN ADEQUATE LEVEL OF URBAN SERVICES
FOR'THE NEEDS EXPRESSED IN THE CITY'S COMPREHENSIVE PLAN.
Findi~gs: As mentioned, the subject property is currently served by a full range of key
. urban facilities and services. No additional service demands are anticipated by the
project, and no upgrading of the existing infrastructure is anticipated to support the
project.
MISCELLANEOUS OBJECTIONS: During the public hearings opponents raised the
miscellaneous objections cited and addressed below:
.1) The site was improperly rezoned C-I-D, and that rezonirig served to eliminate the
need for applicant to provide off-street parking which would otherwise be required.
Findings/Conclusions: The City CQuncil finds the earlier rezoning was properly carried
out in accordance with Oregon law and local ordinances, and is not a matter properly
before the city under these proceedings.
2) Objections were raised regarding the existing operation of the theatre as the past and
current practice of barricading certain streets prevents reasonable ingress and egress to
opponents property. Opponents sought as an approval condition the elimination of
street barriers.
Findings/Conclusions: The City Council fmds and concludes that the blocking of key
streets in the downtown area during Shakespeare performances serves to minimize
traffic and parking problems in the adjacent residential area. The City Council disagrees
that street blockages pose an unreasonable burden on nearby residents, concluding
instead that without street barriers the traffic and parking impacts would be a greater
threat to the residential area than that posed by residents having to cross a manned str~et
barrier during performances. Residents or others wishing to enter the area may do so as
the barriers are monitored at all times by city and/or Shakespeare employees. Finally,
CITY COUNCn, FINDINGS
Page 52
PA 89-149
':~;~';~':_;,:.;~,<.,.~ .-'~',,~.. l
':', ~i~~l~:."':'~'::' :1, ,~ '~."~.-".,':.~- ... ~ ;'
'IF:''': '''~~';,',YM~;)(:
. C J.".".'
I .,:
,-.' ,l
. ".'-I,S~1~:'.-'..
the temporary blocking of public streets is a practice authorized by separate permit with
the city which can be revoked at any time regardless of whether conditions are adopted
under the ,conditional use permit.
In addition to minimizing traffic and parking impacts in the residential area, street
closures also serve to minimize noise intrusions which disrupt performances. While the
~ating cover will attenuate noise, the Council fmds and concludes that even after the
cover is constructed it may be insufficient to attenuate noise emanating from loud
trucks, automobiles, and motorcycles which would otherwise impact the performances.
3) Op~onents sought conditions which would limit the days and hours of theatre
operation.
Findings/Conclusions: The City Council weighed and rejected the imposition of
limitations on theatre operations for the following reasons:
A. Theatres are an outright permitted use in the C-l/C-I-D zone.
B. The need for conditional use authorization relates to building height, not to the
use itself which has existed on the site in one form or another for more than 70
years.
C. The imposition of a condition requiring the theatre to now comply with city
noise regulations will control noise impacts consistent with all other uses and
activities in the community, thereby eliminating the necessity to control in other
ways the theatre activities occurring on the site.
D. The Oregon Shakespeare Festival is a major source of downtown employment
and community economic development which should not be hamstrung by
conditions .to control impacts asserted to center around noise which are better
addressed through a condition requiring compliance with city noise regulations.
4) Regarding objections concerning the topic of noise generally.
Findings/Conclusions: The City Council weighed testimony and evidence submitted by
the applicant and opponents regarding compliance with city noise regulations.
Opponents argued that the theatre should have to comply with the city noise ordinance,
(AMC 9.08.170). In imposing a condition that the theatre comply with city noise
regulations, the City Council finds and concludes:
A. That noise emanating from the theatre poses the greatest impact or potential for
impacts to the surrounding neighborhood.
B. That the proposed seating cover has been properly designed in concert with
acoustical/noise experts to significantly mitigate noise produced by theatre
activities.
c. That following construction of the seating cover the theater will be capable of
compliance with city ~oise regulations.
D. Should future violations of the noise regulations occur, the enforcement and
CITY COUNCn, FINDINGS
Page 53
P A 89-149
nY':
penalty provisions of the Ashland Municipal Code are a sufficient means of
re<bness. '
, 5 The issue whether debt can be incurred to fmance the seating cover project was raised
in reference to whether the property occupied by the use which is owned by the city and
leased to applicant can be encumbered for the purpose of securing financing.
Findings/Conclusions: The applicant has stated during public hearings that no debt will
be used to fmance the planned improvements. Instead, the money needed will be raised
by special fund raising and other resources of applicant. In any event, no encumbrance
could be placed on the property without the consent of the city as the property owner of
record.
~
,In adopting these findings, the City Council also cites, adopts and incorporates by
reference all portions of the Ashland Comprehensive Plan, including the Ashland
Downtown Plan, Ashland Land Use Ordinance, and all written and oral testimony
,ql findings submitted by the applicant, Ashland Planning Commission, Ashland
Historical Commission, and State Office of Historic Preservation.
-.
CITY COUNCn, FINDINGS
Page 54
PA 89-149
,;~~~-"~' :.,....
, r.t~:~-: . \;.. :i, y\ ~~~: .~:{;;i'::.iXi to, .<i~>;;'1:i~" " .
, {".,'~~,1~:~~ .
-~.....
ijI 0:
JIf rom:
~ubjed:
~Y,&~1.
~emoraudum
June 15, 1990
-
Mayor and City Council
Jill Turner, Director of Finance ~
utility Billing write Offs.
RECOMMENDATION: Staff recommends that the City
Council authorize the Director of Finance to write
off the attached list of delinquent utility accounts
in the amount of $42,413.05. The schedule of
individual amounts are confidential information and
should be destroyed after your review.
DISCUSSION:
utility Accounts This list represents accounts from
service dates dating from 1983. No payment or
correspondence has been received on these accounts
since 1987. The current utility account list and
telephone directory were reviewed prior to this
write off. All accounts over $20.00 and not in
bankruptcy have been turned over to a collection
agency. This amount of $42,413.05 is $ 6,220.70
more than last year and represents amounts from the
following service years.
1989
1979
1982
1983
1984
1985
1986
1987
1988
1989
Total
write off
52.79
696.57
13,382.35
17,497.37
3,829.49
733.78
o
1990 Write off
86.23
1,279.65
18,773.09
7,349.35
978.07
13,056.09
890~57
42,413.05
36,192.35
still left as delinquent utility accounts are the
following amounts by year.
1986
1987
1988
1989
1990
19,570.37
14,170.17
14,734.41
20,047.93
4.612.43
73,135.31
'u!~ .
'i,;j,..';~~'k
11 c ~9 _ G f l<t ) &{ <)
~
Medford Growers & Crafters Association
~ a BoJ' 4/J4/
Medford. O.R .tJ.?'...flJJ
(..."J...~) ,f.9..9.8{A'i,/
June 6, 1990
-
The Honorable Catherine Golden
Mayor, City of Ashland
The A8hland City Council
City Hall
20 E. Main street
Ashland, OR 97520
:.:- ~
Dear Mf8. Golden and membef8 of the Council,
The Medford Grower8 & Crafter8 AssoclaDon 18 enjoying Ashland and looking forWard to a succe88ful
sea80n. We are very pleased with our location and now, after a few week8 of operaDon, we are able to
Identify two problem areas for which we seek your assistance In soMng.
The Tuesday Market has had a slow start, which was not unexpected. However, the one comment that
Is most frequenUy made Is that we are too hard 10 find. We would like your permission 10 place a ban.
ner Visible from the plaza on the southwest side of the Uthla SllSlsklyou Blvd. overpass during hours of
operaUon. II would also be helpful If there could be a city sign on E. Main Sl announcing Markel opera.
Uon & dlfecUon8. If not a permanent sign, at lea8t one that could be p08ted during hour8 of opera~on.
The second problem I. one that we anUclpate as the number of our venders grow8 with the Influx of
summer crops. 'To properly accommodate this Increase we will need to use mOfe of the parking lot to
place our members. Currently only the southwest side of the southernmost row Is usable for us (ten
apaCe8). We are asking you to allow us to use the enUre lot If necessary (twenty nine spaces), with our
assurance that any unused spaces will remain In public parking. This would gIVe us the flexibility that
that we will need .s an agrlcuRurally based Market to re8pond to the natural ebb and flow of local
crops, which makes Market 81ze vary greaUy according to the seasons.
Thank you for your assistance. both past and present. and we hope all of you will come to the Tuesday
Market and see us In operation. We will be happy to answer any que.Uons you may have.
Sincerely,
~,~llL T'/6~~~Q0
Will HlsleBeard
MGCA Market Manager
J~€&: .
, _:!~Et~,
~emnrnndum
-
June 28, 1990
ijI 0:
JIf rom:
Honorable Mayor & city council
Brian L. Almquist, City Administrato~
~ubjed;
Recommendation from Economic Development Commission
The Economic Development Commission at its meeting on June 27, 1990"
considered the attached request for $500 in city funds for the
Southern Oregon Women's Access to Credit. The Commission voted,to
grant the funds as requested in addi,tion to another $500'.
Since this is a grant to a new organization, I believe it would be
appropriate for the City council to review the recommendation of the
Commission. It is not clear from the letter whether this organization
has obtained its official non-profit status.
In the future it would perhaps be more appropriate for such requests
to be processed along with other Health and Human Service Grants
through the Budget Committee and city Council rather than through an
advisory commission such as the EDC.
Attachment (1)
-
I'...'
. ~ 7.t:~~.~
'~~..;..! .~, ; . ~ 'I .'
June 21,1990
Ashland Economic Development commission
Ashland City Hall
Ashland, Oregon 97520
-
Dear Members,
The Southern Oregon Women's Access to Credit ( SOWAC ) is being organized for the
benefit of Jackson/Josephine county women needing small loans of $100.00 to $25,000,
for start-up and expansion of their business's. Women who do not qualify by having
assets or co-signers to enable them to obtain conventional bank loans.
Our Loan Guarantee Fund is the princ~ple mechanism used by Womens World Banking
to create access to credit for businesswomen. The tripartite agreem~nt between our
affiliate, a local bank and Womens World Bank will create a shared risk, assuring the
commitment of all participants and encourage banks to do business directly with women
business owners.
Loan Fund example: 1) affiliate raises $5,000 from the community, 2) affiliate
obtains a commitment from a local bank for $5,000, 3) Womens World Bank gives us a
letter of credit for $10,000, these funds are deposited and used~for collaterial
for qualified applicants.
In other words when a bank approves a loan, they have a 25% risk, affiliate has a
25% risk and Womens'World Bank has a 50% risk,
The above money amounts are the basic amounts needed for us to become an approved
affiliate. Our five year goal is to raise $100,000 from the community.
SOWAC's mission is: "To advance and promote the development of women entrepre-
neurs, particularly those who generally have not had access to the services of
established financial institutions."
Southern Oregon Womens Access to Credit would appreciate your consideration
in giving us a donation, on behalf of the Commission. Our Underwriters are donations
of $500.00 plus, Sponsors $50/499 and Subscribers $10/49.
This is an Economic Development process that will be very measurable.
Si~. ~
Pres. /SOW~
{
~
rl
;r.
., c. ~ 0 er - a - 8 i ~ ~ Q..... 0 og S"I.... E
i.5-~ ~.~ r ~a~~ 8 ~I!!a a:i R fl~.~~ ~~ ~
"'ll.~~ c: ii~'Oto5:~rBB:. O';~ellm '~B~
g.~,~;!.~~ ~8i e: ~~~~s'g a g.OQ ~a'o: ~~
i og O'ta,m -!a Q.::I ~ ~ Il5 0 ~. ~ -0 Iii" a ~ E a ~ 0 ::T 0
. 5'~8.e:~;~e:, i;!.~0;;1 e:[~ell ~.CJ ~8'~ ~II) ~g ~~
~ ! p;-ell*aCo fire:o~ ()"'a~-Q.::Ie.
~ a~i, 't::. ~ 8' II) ~ lp'qg' e. 0 ~ E ei:r B ~ ~ ~ >
........0.8i. 3, ell '" '< = II) ~,()'a1 t!=0 ~ O'~ - "d
~ fir ::: C "'.' '5' 0' ~ g. '< 8' !:a q ~ ~ j:. ~ og ~ 0' oa B 5......1
0:::a.,::I lIQ, '<'5.....ir::lo~<. ::I'8!.~ Q.C)
0;;1 !.5:..,~':_ II) l::d~ < Q.g d ~ ~ E "'ra' Q ~::T~
a ~ ell m'~ 0 _ a ~ ell ~ ell B 0 Co ::I::T ... 5' fII ~ 0
O'r!!lD~;....e: oellS"::T "':::ai8 ~o~c III)
iii' ~ a'~ '8 y; ~ og ::T!. ~ ~ ell fII' ell a Q.'O ~ C ::T ~
5' - ~ [~~ ~ ~ g. a~ ~ 2. ~ l ~ ~ i ~. ~ ~ ~ ~
o II) 50 ~ og ~ ' OQ ell ~. en ~ fII fir .... II) ~ ell ~ - 0
i ~ g. m,.... ~ ~ S" 5'( Q.I [E el~ fII ~ Q.... Q. ~i ~
...... 8' a II) m'" ::I 2' [ .... ell ~ i'6 OQ. se 0' a '< ",'
'" . ....l::'i. S511)ell....
~ II) g, [ 5' ~' a. ~ ~ el ~ ~ [- =r &} ::I, 8 [
~ 0' 'q ell E Q. ell ~ S' S'!l Q. =r ~ Q. [[ el !!. '" 'i s'
:~'" ~~l [[....8 ~ !~~! 8 s.~ i O"~Q ~
el ii" ~ ~e;, ~ II) g ~'< a J1 ~ ~ m *,::1 ~ a: a,ii
~ <<=r '~~SE 8lD OQ~g~er ~er~ >s~=r
::I =: g ~ : '" ell II) ~ 5' C '" ~ S' 8 11)' ~ ell "d ~ ell :! tzl:r. (.0) ell ~
Q....."'~~~~aellfll&; OQmlD~"'~o~m~~~~~
=r if !i. II) II) ~ ::I 0 ;:.s'1I) S ~OQ ;. a ::I ~. =r 8 't:t !!.
,~ E ii' r; lD '< E a 11 ::I fII' e: ~ c, ~ sa. g 11)' 5' ~ C i ~
0' 0 : l2. t:: 5' ~ E s: ell ~ 8' ~ ~ ~ e: ~ - ET. c, lD .... Ell a ::p ....
c a i'" .... ~ 13 g S' () m- '" og ~::t ~ ~ ell ~ E if;: ::1. d ~
t~ ~i~II)~ETJ=rgti~i ~~lel~~ ~~[
fII[ ~,J,lZ....ell ~fIIB''''' ~0~~8'~f11 ::185
:::1 ~~ili~i~;.... ~l)l~E~~51~ t~~
CJo ~ell~O ~~ ~., elll::1g8"'Q. _Q_
og~ ~Q.~~ETd ~I 0' ....~::Ie.!!.~~ P~::I
o ~ OQ _ ell fII ell 0 .. < .... ' _
fII e. 0 g II) II) ~ ~. =r:3 ::I m ::I .... a 0''S.'2 =r S!! 0
e.ell ~~~~~~II) ETel dr=rEg~'<E:~ ell~~
~il. g ~ ~ ~-<:5:~ :2' h ~6iil'~~ e.~ ~ II
~I ~a~l~~~ B~ i~ell~r~~~a' !f~
ell l)i '<~. ~ 0 el Q. i ~ if 0- e. ~ ell ~ = ~ c a
~. !i.' gg s.~.~ ~ I>> S' og a ~ p 8 [il m- P fr ~ ~ ell
t::~ agzo;;1~ Q.ell elle.ET"'r g~ell ~~~
~'a ~Q.~~1~2 ~Q a_ell~~ ~~8 ~=~~
....0 j;;;....~ ~Q. ll5 ell::l ....... -Q.o ... c 0 ~
go ~ q ell ~ a 9 "Ii 0- r ~ ~ ~ 0 a, 'j:' ::I i _
(; !~~~tgf'I~, f~~rt fJ~ l_~
aer
~g~
i~~
~~~
....ell~
S'E Ii:'
<<g
i~C"
ell ~:J
::I ell 5
li:'j?g.
sa.g,8
c ....
S~8
~::T ::I
....=~
~a 0:1,
.::;: ET
o'a-
?og~
II)~
~-
~~
c:: el ~ ~ '5i! ~ g, ~ g. ~ Ens' ETcm e: E Er
~E.?Q.~ ~I~.~ 5~;;-~~S~ ~~g.elda
i5. ~ ~ ~ ell ~ ,II):T e:~' ~ B ~ til ~ i>> ~ ~ g: ~ ~
~ el ~ ~ ~ B . ~ ell ,,~!!. E B ~ l:T R-,< ~ S 0 er
g.~~ ~~ B~!~ Erlr&Q e;.!. !!.e:a ~ ~ell
P1 ~ iT a' ~ S' ~ S' ell ~,~ ! 5' ~ ~ g ~ [ i' ell S-
a ell a 'S, ~ ~ 5' i' C" er ~ a:: e, ell ~ ~ ell S'~, a
~ ~ i [ s: ~ F jD [ ! ~ ~. [ i ~ ~ !. ~ ~ ~'
~ ~ ~ $ ....1 II) IS- ji 'i 5 8 ~ ~ .:;!.... ~ ~ ['0
o Iii" < Q. ~ fII a ell fII Q .... n c. Q. ~ S" Erem I
a ~ ~ E ~! m ~ if a !!.~ ~ ~ 8 Q. ~ ~
~ ~ el ,O'fIl 08" 0 ;:m,firE :T
Q.~ellC" lI)ell~' ET~"'en5'c lD =r~~'
8' ~ ~ ~ 8 ~ '0. ~ I ~;- ~ ~ el!~, B ~
::I:::ro i l:j 'S-fir~ e.1I) ell 0 p.~.",
Q.ell~c ",5'!!. r. ~fIICo() "'Een~ll:l
II)C:: '0 II) ~(60 -0 ...
g. e, ~ ~ ~ ~ ~ ~;- a ~ ~ ~ d2 a if ~ !!.
a [II), ellfll o~.... !.B~~a
~. en ~ ~. i ~ f ~ ~ ~ [ ta ~ 2' c: 8 ~
Q.S'enl1l ~~E r6ell8....=0' g:~[::I
fj~ ~ fi~ ~ ~~ [~-[ ~'~ e-i-[.
~ETa ~z~~ B8'8'nw8' ~~
Oell~~Q.~~~~O""~'<"'~oO'en ~
~ tzlc.=r_~::I ell ::TaEogil!.ell ~ell::tell 0 0< ~
ellQ.~ellWOell::lell~oa II)~()Q.~C
< C gQ 'g e: .fii' ::: ~ en' a:::a::l;;1 0" ~ i,6Q ET
~~rJ>O'Sa::ell~o ell~oO'II)f11 o~ , 0
ella.g.=II)!a::;~ ::IO::lell::lell ~::I __
; g !!.~. ~-< ~ 1i > B i a:: ~~ ~i'~. ~ a. 3
~[[~) ~[~~ ~ ~~~~ ~~~~ C- CD
~, a' [ 1!. r- ~ e: ~ g ~ .... ~ a ~ fIl ~ I>> :J
OQBS" ~~fr~ ellsn~~~' fo :J
~~Er 011)0::1 !;lD~~lJQ""::Ia 0
~ g ell =:g ~ a. fII::1 E ~ i! ~ ~ B, ~ ,
E = ell '< c: E a- ell 8 .? (ii' . fII ''''
~;a ~Z~~ ~S"~ ~~: ~'>i I>> ~
nao ,ell!.-<n ao?=~........ ::::t,...,
~-. a1 ~ ~ ~ l:T fII;t to fII == li' ~ --:J
~I' ~p ~ ~ :"'i:;~~~ ~S" ~ N-
Il) '<"dlell 0 :::rr....* On ,...,
.... Co ~ell ,; ::I .ellfll~~ a.... r-+ '"
Er_ ::I' .~= ell 5"::I'.5~/"8': ~'e, CD "\'''''''
ell a:'e,. a''<' F., >ell OQ' 'j":f11 s: G:): .,., ..... .. ,
.. "~I l~ .~ ': .\ t . _: 1-. ~"; t"_ ~ -1.-1 :~,:~ .) ~.....,
."
-.,
::J .'
m
::J
n
-.
m
-
cc
...
o
c
-c
:s-
(I)
-
-c
tn
:e
o
3
(I)
::J
C-
O
...
...
o
:e
---
...
o
3
e-
m
::J
~
tn
.; :
i 1.< ,:c {'o! ~
-
~'
-
."._"".~....~'
. ~,.. ...~ ' _, ~ .Ii. .............
".~~..'..hil.~a-\,l.._~.:';._ ,~~.:.. '...L.~~"'~.:.""h.'''' _h: .~'~o:tL;
:.i.::':"
r, ;J"" . " " ~,,': ::'::1,:, ',. ':.-\ \'. '.
,~....~:'lti~<J'''< ."'>:':'.<
I '. ... _ . . ., " I .' . I . . toi. I ~ "I C. . I
, " -.. ~ ' "':,"'\"", :.' ~d""~\~dl"IU~~~;~'lo.$"~_ J -""~'~"( ~...~~W'lj ,': '~' I' ...,
. '., ,i.' ,;. ".;':;',.: : .',Q.usiriess'\
, . ii~.~;'~.. ... ., ,. . .... .' ..'~ . . \',~ -r":",: . .:.,'..,.,;': '~ I,:,
S~~,(E:I't!P : .S'd .', '~.' . ..' ': ;E> ,~~~~ >
,I. ' ", ~J~ ~,!~ tf. .. . . .' " . "" .,. - -
~~,y; j:A!ne~..,o. 'rganiz~on., ' ~ . yan~~:
:~:.,~Il~'" ~eV.'el(). ,,91ll~.Q .,tQ' o.m. tl,~
':~'~~~l~~:ti~: .~~t~~i~W'
s.gmficant;,prQgr~' ,in.:,h""ding
, communit . SU ' :" @cI~~~~r~
pora~~g..'. !r~lf~~;liQt-f~r-p(Q.n~
Or: ~a"OD.., .~~r' " ..~. .' '~~
~.,' ..'1'...".,': .roi~~ll.Woinen's~f:h
. c :-,'" t," ,,'. ~edit.:,0(SOWA.C) . \f.,. W.:~
prg., pponrto womenwl1Ot
h~v. 'p,:, ~n~blellO ob~~acl
'.J~e' ~"to. elr~so1ir~es :Q~fes-~. ,
, .hlJ)hshCd :~ruiancial' ;iriStitQ.[bhs~ ,
SOW AC will be .' an affiliate of',
Wom~n~s World Banking (WwB) ,
-:-' the fustaffiliate1n Oregon and .
the tenth iIi. the nation. SOWAC '
will'i~ti.a1ly offerrbusineSs'semi-
nars andt,raining, .lh:en':aecess the,
:, ~VfWB l~t~pt:O$:'-~~~t~;'"
;: ';fii~~e~R~f=fs.~~lat
board'musti,raise a nUnimum of
$5,000. for,it~..: l~ guarantee'
. ...,"prQs.r~.J'he:l)Qar~r~s~~ tJ:1~t !
",.t Wlllf'~'.l:l t'12. .~t.o~." ycat:.. . .a:. '~bC. ,ti..Oli~.. .. '
'~';th ":,; ,., .~" r<{ ,... ':11" ~~ll .
",", O\'.~AA~ ,p ,gr~ ~ '~~ i\'\
,~' op~r~tional.i.~ !~i\ die '~mean~!Jnei~:
training sepunars. fo.J;" women
~~tr~pr.e~urssho\l1d 'bj/avl. able
" ,Wltlilit6 ..~i,mo~~,ir " .1)
/1 U".'.ft'~. ~l~lf., D..rt ,~'ti; \l.'~ ..;"~f'~~.' P'W,. .
,,' ~ 1,..fr'U"r'l.U, ~rC esQ, YfqnK>r~..,'
...tion,: SO~A~', intepds;;:u>:.gperate
as a pubhEt ,~i1efit corporation. .
The following women comprise
the initial' 'b(uu~d" of directors:
. .'lJc;l~n Alth.~, ~q An.tl1QPY~~~.:,
t 'iJee ChristenselfrMa~;.vro.ln,~,
"J:I~8$.,J~~!.t~:'M~$~I~;~pp)' :
~N~I~on.p Pel{gy,~ "NiCkol" 'M~:,~
Q,llGef, ~ol1ie Oweps-SlCi,yenson, /
; ~4 p~ ~~~~.1: 6f~ J-:::~)~~d,1.
. Interested ,;peo.nl~'at~ .~p.~:
'~cpura~~~ fa fatiendf1b~l n1#JOi~')
g~atipn~ , meetUig , whiCh 'Wiil"
, . 'be held 'at the. Ed~ation Training'
R~Qurce, ,Center '1m . the ..Rogue .
';,~'X~IC?J ~~,~lP~r~)'~~~~.
t"'~ "'!-'.I". ~,~!=;._~-tSo:" '~~:S.1g-~ - -a.~," ~ ~ _,_,M -=e- .
:~,i U1 &5{~ ~ ,.'~fi ~,a I:t..~ i" I'jt 0 ~ G > = ~
-:0 0 aa- ~~ :;t.e-. ': S' ~:'-l:J"' 'sa ~ s: ~ = , ~ )jI~
;/~~!P!i~,:-U:ta'~:i~~~!il~' ~ ~~O
. ti~i'[ t.:~::~!~ ~.~~~; ~.~ i 'i 1~'3
" en,,~ I~'~. ,f.o.g ~ b. ~ cia ~~ ~8 ~5'. 'I~
i ;- ~ i ! . ~ ~ I ~ i ;" ~~ ~~. ....~,~ ~. S" i : 1m. (I)
,::La 0.0 S!a!(DOa~ts~ tJ' ~:D
~ e ~, ~" r:; ~ (oS '0 (D tt oq 0 [eo -- '. ..
~ G ~. p ~ 1 ' ..~ ~ t:r ~ 1 ~. ~ ~.~. i'~ ~.' . :J
~~ti~~~ m~~tt~~ooenaa ~
==a~~ ~-i r~[~ ~~i~ >; i~ ".,' U)
" g t"'4 eo ~ . s- a, s: ~ ~. ... - B
fir S? ~ 3 .~' ~. ~ ~ S\) .. ~ . ~ <0, ~ ~ ' ' r'
fAdl ('") en ~ ~ g ~ ~ ~ ~ ~ S" "
.j S" g.~ 18 ~ , ... ~ ~ . Elf S"" ~'g. '~ ,'~
:~ '~~ '.. . aB,,';'1 ~,;::;B..a g.: e~;.~:
_~ .~ I. : ~ ,~~ ~ a ~ S" S\),..... UI ,
, ttO ~ ~ ~ ~ [8m'~fi ~GEi,.em [
.. ~if!ig~"':;!~ =~U'i;[i~r~ =
\;~'i.!a I "[~~,B ~~ ~OQ m ~A-'~:o'im,
,g.=!~~ ,~i'i $!~e= ~G~ ~ t;iia", le ....
llilt :i~!ti~l;i~~:~UI' .~
. ~ ~'~i~ .g i "~Pi=;-=. i a~m ;-~.;"g JIM
a ,~g-~ sa e~5tJ' I~~S"~'''= :J
S" ~ tT tJ' Iri ~ a: en r2. ~. i fit ~ ~ ...
~ :S"'~~~ ~,~., ~l[~'a .=~~i.:a ~
~ QQ dQ E3 :r, ~ tT n 0 2' -~ s:: ~ UJ . ~
I.: ~a.2"' :.rs-.. 11 fp: ~ ~~~ ~~ ~:G '"
. . 5 G S tJ' (D ,~~ B ::s Ii f6' , q g :;', (D, Jill
S" (D ma, ~~. . i (D 5 ~ .. -< & o.OQ' ~' =
a';' I 8 ~; S"~ ;e S:i ~e 8 ~S" ;J _I
o I '. !' .a ~ OQ Do gadQ (6 ~ - = t2" a ' _ _
'G< ~.Et: ~g: . ~.~~ tTEPm ~ ~,=- :2 __
;' 11.~I'" ~: ~ e ; :::= :_"', ~~: m
t:: ~ ~ . ~ ~ 'g Ii ~ ~ ~ g. 6 ~ ~ ~. (D ~. ~ =:
· ~ ' tt)of a. (D g. ~ eo m ~ ;I 0 age.. 'II
. ~.. i ~ E!'~ e 8l.a ~h~~ $!~ ~ ~'@l go . '.'
'2 @l a-1: ;;s>g'P i~ [iiI': l~ ll:l>oe -a
~ i~~[i ~~~.a;~ ~18"i~~.~, -
~ ' IJ eta ~.g r;~ e d ... Er.si 2 '"
.~:~J~ai~~rrLlre'!i[:[~l. ....
... ;r~ [.8 m a'. [ eo'S ~'S.~i['~~i~ ~fi :J
a,' s.a'a 1i ~..~.~ & ~~( ~(D ~ ~ Ge.e. ...
"I.e~ ~l& l~SI'I.~I&=M ~ !lt~ .~
.. m.-.! 8 0 ~! a a fA.. ~ a i ~ ~ ~. (I)
, : E. E ~ ;: ~ ~ ~ (D 3 S" t:3 ~ t:S~ 0 s\)' rs- ~ ~
is"~~~a~ a(D~~~W~g~~.~
.' a ~~ r& ~ - rr a' m ~ ... ti ~ ~. t ~~~ ~ ~ j ~- g,
" ~ to:; J : Q i ~ ~"c. ..1ft' ~ ~. ,
'. :'. ',~ 0: O' '"' .... (D, sa,~ s:: & fA '
, Y (D :;s ..... ~ .. ,,.. + .~ ..S\).,.,:" :~_ ,,_~..~... ' .
~'-"..f'-"'" . \ ,.
I,
;fe~'~,'
,rI~- ,,,,~U
"~'~/~~~'~
/.
ASHLAND PARKS AND RECREA liON COMMISSIO~'
CITY HALL · ASHLAND, OREGON 97520 · 488-5340
PA TRICIA ADAMS '
JEAN M. CRAWFORD
lEE HOWARD
TOM PYLE
JULIE REYNOLDS
KENNETH J. MICKELSEN
Director
PARK COMMISSIONERS:
June 6, 1990
Honorable Mayor and City Council
City of Ashland
Ashland, Oregon 97520
Dear Mayor and Councilors:
The Ashland Parks and Recreation Commission is requesting
that the Council adopt a new ordinance and amend an existing
ordinance. Attached is information concerning these two
ordinances.
\
Sincerely,
Q/~~.
p~t
Thomas W. Pyle, Chair
ASHLAND PARKS AND RECREATION COMMISSION
-
'~'
I I" .",..., (., r. ~ ."
, : II, :." I
..:~.~:.
r :~,~:~Jf;.
;,t~ ':~"
i .
Letter to Council
June 6, 1990
Page 2
New Ordinance
r
ORDINANCE PROHIBITING OVERNIGHT PARKING AT THE CLAY STREET PARK
PARKING LOT. the problem of individuals using the Clay Street
Park parking lot for other than park use is increasing. The
department is aware df the fact that residents of the Stratford
Apartments complex adjacent to the park 'use the parking lot as an
extended personal parking area or for car repairs. For instance,
Parks Department personnel have talked to individuals who have~
left their cars there for several days while they are doing
repairs on their vehicles. One individual was in the process of
replacing the carls motor. According to the manager of the
Stratford Apartment complex, tenants are prohibited from doing ~
any type of repair work on their vehicles in the apartment
parking lot or to leave a vehicle that is not in operating
condition in the apartment lot for more than 72 hours.'
Amendment to Existing Ordinance
The Commission requests that the Council amend the existing city
ordinance #10.68.090 - Intoxicating Liquor Prohibited in Public,
Parks to allow the serving of alcoholic beverages on the'park
property known as Calle Guanajuato only with prepared meals and
only with Commission permission.
The Ashland Parks and Recreation Commission will be leasing out
space on Calle Guanajuato for restaurant tables. In working with
the restaurant owners on developing policies for the use of the
area the owners have requested that alcoholic beverages he
allowed to the served only with prepared meals. The Commission
, has developed a policy and guidelines for restaurants who are
adjacent to the area to use the area for tables, and, if the'
council amends the existing ordinance pertaining to intoxicating
liquor, the Commission has developed a policy for use of alcohol
in this area. The policy states that if restaurants serve
alcohol with the prepared meals, the tables must be in a
delineated area and the restaurants must meet all the
requirements of OLeC for such service.
,/\~t
. .
. ,',
, "..}
,It ~ ...
~\.. ".'~
-
ORDINANCE NO.
;;--
AN ORDINANCE ADDING A NEW SUBSECTION B TO SECTION 11.28.010
OF THE ASHLAND MUNICIPAL CODE RELATIVE TO PARKING TIME
LIMITS AT CLAY STREET PARK.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.A new subsection B is hereby added to section 11.28.010 of
the Ashland Municipal Code, and shall read as follows:
"B. Parking shall not be allowed in the clay Street parking
lot between the hours of 10:00 P.M. and 8:00 A.M. on any
day."
The foregoing ordinance was first read on the
day of
1990, and duly PASSED and ADOPTED this
day of
, 1990.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine M. Golden
Mayor
-
ORDINANCE NO.
AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASHLAND
COMPREHENSIVE PLAN MAP FROM SINGLE FAMILY RESIDENTIAL
~O LOW DENSITY RESIDENTIAL (GARFIELD/E. MAIN PROPERTY)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The Ashland Comprehensive Plan Map as adopted by
Ordinance No. 2227 is hereby amended. by changing the designation
of Tax Lot 39-1E-10BC-2800 from Single Family Residential to Low
Density Residential.
The foregoing ordinance was first read on the
day of
, 1990, and duly PASSED and ADOPTED this day
of
. 1990.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine Golden
Mayor
. ;:1.
\.);~.i~, i
, ,.:.;......'
-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ASHLAND RE-ZONING CERTAIN
PROPERTY FROM R-1-10 TO R-2 (GARFIELD/E. MAIN PROPERTY)
'~'
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The property described as Tax Lot 39-1E-10BC-2800 and
shown as that property at the Northwest corner of Garfield and E.
Main streets is hereby rezoned from R-1-10(Single-family
Residential) to R-2 (Low density MUlti-family Residential).
The foregoing Ordinance was first read on the
day of
,.
1990, and duly PASSED and ADOPTED this ____ day of
1990.
Nan E. Franklin
city Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine M. Golden
Mayor
(~'..i:t.~ .
.~ t. >,." ',.
~.. '.
: )
ORDINANCE NO.
AN ORDINANCE ADDING A NEW SECTION 18.68.150 TO THE ASH~ND'
MUNICIPAL CODE CONCERNING WAIVER OF RIGHT TO REMONSTRATE AND
CONSENT TO PARTICIPATE IN STREET IMPROVEMENT COSTS AS A
CONDITION OF ISSUANCE OF A BUILDING PERMIT.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new section 18.68.150 is hereby added to the Land-use
Chapter of the Ashland Municipal Code, and shall read as follows:
,..
"18.68.160 Waiver of Right to Remonstrate and Consent to
Participate in the Costs of Im~rovements. Whenever a request is
made for a building permit which involves new construction of a
new residential unit and/or any request irivolving a planping
action which would increase traffic flow on any street not fully
improved, the applicant is required to legally agree to "
participate in the costs and to waive the rights of the owner of
the subject property to remonstrate both with respect to the
owners agreeing to participate in the costs of full street~
improvements and to not remonstrate to the formation of a local
improvement district, to cover such improvements and costs'
thereof. Full street improvements shall include paving, curb,
gutter~ sidewalks, and the undergrounding of utilities. This
requirement is a condition precedent to the issuance ot a
building permit or the granting of approval of a planning action
and if the owner declines to so agree, then the building pe~mit,
and/or planning action shall be denied. This shall not require
paving of alleys, and shall not be construed as waiving property
owners' rights to present their views during a publ~c hearing
held by the city Council."
The foregoing ordinance was first read on the
day of
, 1990, and duly PASSED and ADOPTED this ,day
of
, 1990.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine Golden
Mayor
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND ORDERING THE IMPROVEMENT OF ORANGE AVENUE
FROM HERSEY STREET TO LAUREL STREET BY CONSTRUCTING CURBS, GlJ'lt.'TKl<S ,
SIDEWALKS, ASPHALT PAVING AND STORM DRAINS AND AUTHORIZING THE
ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY TO'BE
BENEFITED AND PROVIDING THAT WARRANTS ISSUED FOR THE COST OF THE
IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY OF' ASHLAND.
----'
WHEREAS, The' Council has declared by Resolution its intention to
construct the improvements described in substantial accordance with
the plans and specifications and to assess upon each lot or part of
lot adjacent to and benefited by the improvement its proportinal share
of the cost of the improvement as provided by the Charter of the City
of Ashland; and
WHEREAS, notice of such intention has been duly given and published as
provided by the Charter and a public hearing was held and it appears
to the Council that such improvements are of material benefit to the
City and all property to be assessed will be benefited to the extent
of the probable amount of the respective assessments to be levied for
the costs;
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND 00 ORDAIN AS FOLLOWS:
Section 1. It is ordered that ORANGE AVENUE FROM HERSEY STREET TO
LAUREL STREET be improved by the construction of curbs, gutters,
sidewalks, asphalt paving and storm drains in substantial conformance
with the plans and specifications adopted and on file in the office'of
the Director of Public Works and that the cost be assessed upon each
lot or portion of lot adjacent to or benefited by such improvement as
provided by the Charter of the City of Ashland.
Section 2. Warrants for the construction of the improvement shall
bear interest at the prevailing rates and shall constitute general
obligations of the City of Ashland and the warrants shall be issued
pursuant to and on the terms and conditions in ORS 287.502 to 287.510
inclusive.
The foregoing ordinance was FIRST READ on the 3rd day of July,
1990 and duly PASSED and ADOPTED this
day of
, 1990.
Nan E. 'Franklin, City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine M. Golden, Mayor
';1;- "
: ..', '~ f .,i,~~ ' .
; .'-i..,
ORDINANCE NO.
AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASHLAND
COMPREHENSIVE PLAN BY CHANGING THE TRANSPORTATION PLAN MAP
RELATING TO BIKEWAYS, AND ADOPTION OF A REVISED OFFICIAL
STREET DEDICATION MAP.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN 'AS FOLLOWS:
SECTION 1. The Ashland Comprehensive Plan is hereby amended by
changing the Transportation Plan Map relating to bikeways, by adding
thereto a new Bikeway Master Plan which is hereby adopted as set forth
in Exhibit "A" attached hereto and made a part her,eof.
SECTION 2. Pursuant to section 18.82.050 of the Ashland Municipal
Code, a revised street and Greenway Dedication Map is hereby adopted
as set forth in Exhibit "B" attached hereto and made a part hereof.'
The foregoing ordinance was first read on the
day of
, 1990, and duly PASSED and ADOPTED this day
;....--
of
, 1990.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine M. Golden
Mayor
: " L~,,~~~~..t'
/
//
"I'
~tmornndum
June 29, 1990
ij[ 0:
Honorable Mayor & City Council
-
2'1 rom:
~ubjtd;
Brian L. Almquist, City Administrator
Salary Resolution for Management, Supervisory & Confioential
Employees
The labor contract for 3 of the city's five labor unions call for an
increase in salaries based on the National CPI-W for all urban workers.
During the preceding 12 months, the CPI-W increased by 5.2%. In addition
we are still in negotiations with the Police and Fire Unions, and while a
settlement has not been reached, the city's current offer exceeds the CPI-
W. Therefore I have proposed an across-the-board increase of 5.~ percent
to maintain salary relationships with organized employees.
Secondly, in order to contain the costs of the city's medical insurance
premiums, which now range between $250-300jmonth for family coverage, we
have made proposals to all of our unions that they consider c9nvertirtg from
Blue Cross Plan IV to Plan V. The principal differences between these
plans can be summarized as follows:
1. Plan IV provides "first dollar" coverage for most services,
whereas Plan V requires a $100 deductible per person (up to 3) and
then pays 90% thereafter up to $2,500 in billings, after which it
pays 100%.
2. Plan IV provided the following "Preventive" health care benefits,
whereas Plan V does not:
a) A physical exam of up to $140 at a frequency based on age.
b) Annual breast and pelvic exams (females over 18)
c) Well-baby care (i.e. inoculations)
d) Semi-annual eye exam of up to $60.
3~ Plan IV pays 80% for prescription drugs after a $100 deductible,
Plan V pays 90% after a $100 deductible.
4. Plan IV pays $8 per visit to a Chiropractor up to 12 visits per
year. Plan V pays 90% of the cost up to 12 visits per year.
5. Plan IV has a maximum out-of-pocket expense for the employee of
$500, whereas Plan V is $350.
In order to mitigate some of these differences, I have proposed to the
management and supervisory employees that we add $22.00 per month to their
salary to provide 2 deductibles per year ($200 after payroll taxes), and
Salary Resolution
June 29, 1990
Page Two
that we continue to provide the "preventive" benefits through our wellness
program. This was favorably received by the employees.
The cost difference between Plan IV and Plan V results in a cost savings of
$88.25 per family. After paying out the $200 for the deductibles and the
preventive benefits, the annual net savings to the city is approximately
$25,000. If we are successful in negotiating similar arrangements with
unionized personnel, the cost savings could be nearly $100,000.
Finally, I have adjusted the salary schedules for several middle management
positions. Whether or not the particular individual would receive an
increase on January 1, 1991 would depend on the results of each
individual's performance evaluation. The exception to this would be the
position of Energy Conservation Coordinator which, due to significant new
duties and an industry comparison, warrants an increase on July-1.
RECOMMENDATION: It is recommended that the Council adopt the attached
Resolution modifying the pay plan effective July 1, 1990. A separate
resolution will be presented at a later meeting regarding the incor>>oration
of a schedule for preventive health care benefits under the City's wellness
program.
'..,..-',
RESOLUTION NO. 90-
A RESOLUTION AMENDING THE PAY PLAN FOR MANAGEMENT AND
CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 1990-91.
WHEREAS, the wage adjustment for 3 of the city's five labor uni~s are
established at the National CPI-W in the amount of 5.2 percent;
and
WHEREAS, the City is in collective bargaining with the remaining two labor
unions and the projected settlement will be at least the National
CPI-Wi and
WHEREAS, the City wishes to convert from Blue Cross Plan IV to Plan V,
while maintaining the preventive health care benefits of Plan IV
and providing a salary supplement to cover deductibles for two
family members required under Plan Vi and
WHEREAS, it is the desire of the City to maintain its management pay plan
at a level commensurate with its organized employees and with
other jurisdictions when recruiting for management level
positions.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council as follows:
SECTION 1. The salary schedule in Resolution No. 89-24 is hereby modified
by 5.2% effective July 1, 1990 as set forth in Exhibit "A" attached hereto.
SECTION 2. Effective August 1, 1990 the City shall pay the full cost of
the Blue Cross Plan V medical insurance and will add $22.00 to the bases of
each employee for two deductibles under Plan V. -
SECTION 3. Effective August 1, 1990 the City will pay the preventive
health care benefits currently provided under Plan IV from its wellness
program directly to the providers or as a reimbursement to employees, with
the exception of the semi-annual vision examination which is currently
covered by the Vision Care program.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the city Council of the City of Ashland on the
day of , 1990.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990.
Catherine M. Golden
Mayor
.:~t'}.~5~:.i.J.- ..
SALARY SCHEDULE (1)
1 fjlC'/O,_<)i:l.
COMMUNITY DEVELOPMENT:
Director of Comm.Dev.
13 u :i. 1 din q (].f 'f i cia 1 ( '-\, )
Energy Conssrv.Manager
be r". i () t.. F':I. ann f:? ,'-
Programmer/Analyst
ELEC'TF~~ I C ~
Electric Util.Dir.
Electric Line Supt.
System Design Technician
FINANCE & UTILITY SERV:
Director of Finance
Supervising Accountant
Purch.Agt./Cemetery Supt.
F I I:~: E :
Fir's ChiE!.f
Battalion Chief (5)
P(JLICE~
Chi f.7! 'f Ci.f F' 0 1. iCE'!
Pol ice CE:\ptc:~il"'l
L.. i f.~U t f2 1"', E:\ nt
S (':'~ 1""' ~~ i:::~ i::~ n t.
Police Admin.Asst./Code Enf
PUBL I C ~IJDF<:I<S:
Dir.of Public Wks/City Eng.
Water Quality Supt.
Water Qual.Supervisor
vJ'ast.E?Wat.E:!I'" F'l i::\nt. bupv.
Street Superintendent
Street Supervisor
Asst..City Eng/City Burv.
P. l1J. {-idm i 1"'1. P'1~~~:it. .'
0''1'' 1,,,1 E: r~: ~
City Admin/Gen.Mgr.
Asst..City Adm/Pers.Dir.
f)f::'! n i 01""' F'I" UC] 1""' i::~m D :i, 1""' .
C :i. t 'y' I:~:~:-:!c:: u 1'" de 1""'
Treasurer (Recurder)
Municipal Judge (pit)
City Attorney (pit.)
CDNF I DENT I {~,L:
Executive Secretary
Administrative Secretary
(i (2)
b ri'ios.
4064
28::~'7
~:::~ () ::::: ~::'::
2~5LI,O
::: :~~: :: c,i
'<:(,.498
41 \'/9
:2:806
:::;: '7 ~:5 i)>
:;~ Cj) ~:;~ ~:5
24::~:Ci
:~:8C)i9
2704
4064
::~:210
~.:;:: <i :~~: ./.
2UO~5
2674
4064
::~: :l 6 :~~:
2~.:iU:~:
~~~ ~::j 8 :~:::
~2 <:? :~~ ~:5
::;::4::::;9
~:: 16:~:;
:l87~S
~.::,; ~:/ 6 :l
~~:: <:)i '?' ~:;'~
:I. U '7 ;::i
::?O::l:l. '7
:2'7 \~)
2280
::;:':~::S7B
B
1 t.., enDS..
1.1,22"/
2 <J> ~::j (l
:::;: :l ~::j ::::;
:2642
2"':1,2:2
291[3
:3: Cj .::> C)
:::;:()42
~:;:: ~:.:j ::~: ';,
40~55
2El12
ll.22"7
:2::::::::2::E1
::::;O~::),f.I,
::~':9 :1.7
:~::7nl
.:1.22'",/
:::::290
::;;:606
26iJ6
::~:042
::;~ ~::j :3; '?"
::~: :~~ C>i ()
1 9~~j()
6:1. 90::;
:2:: 0 9 :l
:I. <}~::jO
. /~.~" t. '; ~
E:XIIIDI'T Ilf'~"
E: 'F-ff:2C t i V E.:! '7,....1.....90
C
1 ::;:: mos.
D 1'1E:h: I ''I'' (:::::)
1 2 (n {J!:-3 . ( ~'i a;{. )
.,~t. ::::; <il:.,
::::;06U
::::: :~~ '7 c;
:2'/'48
2~51 ~)
::~:o::::;~;
406~::i
.:,. 'I ; ;1
'..:' ., Cl...'
:::'::6::~;O
4:217
::;:: C? 2 ii,
":1,:::;:0::."-;\6
:~:ii.')'::
::::::1.76
:::;;0::::;4
:'?U9:;;::
.il :~:: cl ~:j
::::;.4 2:;~
:~::'l'\}::::~
~:;~ 'J' () :~:::
::~; 1 6 .(~
~;:: t:i ::::~ t~
:::::422
::;::O::;::U
6'<:~ 4,]
::::;21 ~::j
20::~~U
457'2
::::; :l C? 1
:::::4:1.0
:2U~:5D
2620
4'''l2::~;
.i.j.il,10
::::: 1 ~5 t.:.
422B
::::; ~:2 r:; 1
:2 '7 iljl,
i+ ::~: B 6
:::::041
J:~ ~::j "/" ~:;~
',.' i..... .l .I.
::~;::::;o::::;
::::.:1. ~.::j~:::j
::::;(lOU
i~5 ':7 :;~
::::;~::j~j9
~.:? c'i () ::.:i
2<:/O~':;
:~:: :;:: o::? :I.
::2 '/ '-I. ii,
::~: ~:5 !j c,.
210<}
670~::j
::::::::::.1.1,4
::?:I. o<}
4ElOl
:~:; ::::; ~,) :I.
::::;~:::iH 1.
:::::001.
27~~:j 1
1.(, c; ~5 c:;
.1.1,6::::;0
~::::~:; 1. f.I.
,':1,4:::::9
:~::: il. ~) (~
:;;::UUl
il.60!j
::~; 1 <i ::~;
'-----
"lEi() :l
::::: '7J cji :;::
~ ::::;.'l/::,U
::::;::~: 1 ::::;
::::::l. ~::jU
il.bO:l.
..:~. .n:.. ":1' _u;
....1 l ....' l
::::;O~-::iO
:::::O~50
~::: .t:~ !:.i (~]
2Ufj 1.
:~~ 'l' ::~: '?'
2:?l,i.l-
704.0
::::; ~::,;i 1 :I.
:?::;:::I. ,(:j.
(1 D C D I::,
1.. (nos 1 ..:.. in Cl ~5 1 . . mo!::> 1 /":1 l'iiCi!5 :I. . . in C) ~:~
l.... .. .. ..... .. ..:... .. .~ ..
1 6.'l6 1 7::;::D 1 U '. ..-:j. :I. c)i 0 ~:j :2 () 0 0
j,
:I. 42c; 1 ~:i (l 0 1 ;,:i "7 ~:j 1 6~'=:;4 :i. )':::::'7
. .'
F'Cio'rl\ID'rEE~ ::
(1) Salary paid bi-weekly at hourly rate determined by dividing monthly
rate by 173.33. Add $22 monthly to all rates for insurance
deductible..
(2) (~dvanC::t::~rflE~r'lt. thl"OU(,lh ~::)tf..;~p D to bE': bi;;'\s:;E.'c1 on :::>i~'c.t:i,~.::,fE;\Ct.OI'-Y ItJDI'-j.;:
pE~ r' fo r' ma I'''IC 0'-.:.
(3) Compensation within Merit step is based on performance evaluatiofl
after reaching Step D.
(4) Includes $50 for certification as Building Offi~ial; $50 for
F i ),- E? E) a 'f~ E: t V F' 1 a n F<: f::! v i E~ ~.J C E! ,- t i fie i::\ t ion ..
( ~.:; )
I n c 1 u dE':' 5 ~ti 2 ~~j 'f () r' E.. Ivl.. of.. c f..;~ ro t. i 'f i C i:;\ t i [) n ..
F' :i, r' f::: Chi (~.;~ {= .
Add $100 for Assistant
...
';.---
/~