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Home My WebLink About2010-0504 Documents Submitted RICHARD A. STARK LARRY C. HAMMACK ERIC R STARK ~1\ Krue~/ ~tP 5/tk?J ft!. STARK AND HAMMACK, P.C. ~. otfl~ ATTORNEYS AT LAW ~ "'" 201 WEST MAIN STREET SUITE 1 B (541) 773-2213 , (541) 779-2133 MEDFORD. OREGON 97501 FAX (541) 773-2084 ers@starkhammack..com A r .,. 0#' RECEivED Ashland City Council John Stromberg, Mayor 20 E. Main Street Ashland, OR 97520 MAY O!ilZ010 RE: City of Ashland Field_Ottice_County--=- Croman Mill Site Redevelopment Plan Planning Action #2009-01292 Dear Honorable Mayor and Council: This firm represents the partners comprising Ashland Warehouse Partnership, who are the owners of two separate parcels and commercial buildings thereon located at 695 Mistletoe Road, Ashland, Oregon; and, 697 Mistletoe Road, Ashland, Oregon (hereinafter referred to as the "Property"). This proposal before you is a "Master Plan" for the proposed CM District. Irrespective of the development phases and the development of the Croman Mill property, my clients and several other property owners, within the CM District, are directly and significantly affected negatively by this proposed Plan. The concerns our clients have regarding the approval and implementation of this Redevelopment Plan are: . Condemnation of our clients existing commercial buildings and parking and displacement of existing businesses. These include: GSA, Lithia Springs Charter School, Pacific Crest Printing, etc., with the proposed street circulation system. The proposed boulevard will need to remove portions of the two existing buildings on the Property and eliminate employee parking which further impacts the use of the Property which will all require condemnation proceedings. . The loss of on-street parking and maneuvering of delivery trucks for the existing commercial businesses. . The proposed improvements to Mistletoe Road will have a direct impact to the existing businesses located on the Property that require delivery trucks for supplies and to transport finished products. There are four roll up doors used for delivery of materials located along Mistletoe Road frontage that will be significantly impacted with the increased traffic. There is currently limited suitable areas to maneuver. Currently, Mistletoe Road has on-street 90 degree parking spaces for the professional and business offices within the Property. The CM is proposing parallel parking which may reduce on-street parking spaces. . . . ..~.'.~. i.-' ..) 'f.' ". . -' "'. '.' ,-',,''''." ~, , .ti~' ,..~,..., i i'~;J; _,L: ~L~n~i:t'? ~",q~~.i~ . ; ., .....':.- Croman MilrSite Redevlopment Plan - . Planning Action #2009-01292 Page 2 "--' ;:.. . 1 ii l ~ " . The Transportation Impact Study for the new Redevelopment Plan and change of Comprehensive Plan designation for the proposed CM overlay. Upon review of the Ashland Web Site, no information was found regarding the proposed traffic impacts with the proposed "Master Plan". There was no information found for the original Traffic Study addressing Goal 12 and the Transportation Planning Rule to demonstrate compliance with the State Goals. The Council Communication notes that there is an "Update" to the existing analysis to provide further information. It would be wise for the City Council to postpone their decision for the conclusion of the revised Study to make an informed decision for the "Hybrid" plan and with the phasing of the boulevard . improvements. Additionally, if there is new evidence submitted related to the CM District, our clients would desire to review this information and possibly comment during an open public hearing before the City. . Portion of the proposed Mistletoe Road is within the Railroad Right of Way, private property. Upon review of the Jackson County Assessors Plat Maps, there appears to be a portion of Mistletoe Road within the Railroad Right of Way. Does the City have any guarantees or has the City acquired the Right of Way from the Rail Company for the improvements of a City street and is there sufficient area to do so? What assurances does the City have that this public road corridor can be improved to meet City standards? Is the street circulation plan feasible for the entire CM District? If ODOT does not relocate is there a plan for the City to meet the City's own transportation and circulation standards? . Potential redevelopment, remodel or improvements of our clients property will have a direct negative impact on value and available land area with the implementation of this Plan. Our clients have two existing structures that have existing businesses on the Property with off street parking provided for employees and customers. What are the public improvements required for the potential reconstruction or any alterations to the structures with the implementation of this Plan? It appears to be an excessive and unwarranted burden on our client's Property and structures with the proposed street plan and the required Right of Way necessary for street improvements to the CM District standards. Chapter 18.68.090 is applicable which requires a Conditional Use Permit, with review and public hearing by the City, upon approval of this Plan. The appropriate Land Use Designation for these properties is: Existing EmploymenUlndustrial District. This would be identical to other properties developed to M-1 Industrial standards. I . . . Letter to Council Croman Mill Site Redevlopment Plan Planning Action #2009-01292 Page 3 . Compatible Industrial Land Uses. The proposed allowed uses listed for "Compatible Industrial", if approved, will render several of the existing businesses nonconforming, and if any vacancies occur, may limit new users in the future, or would require a CUP application for a discretionary decision for uses that are allowed today. With the existing M-1 District, on our client's property today, numerous Permitted Uses and Conditional Uses are allowed that are not found within the proposed CM "Compatible Industrial" District. This down zoning from M-1 to CM-CI is a significant negative impact to the value of the Property along with the substantial limitation of future tenants. It is our opinion, that the Ashland City Council should continue this decision until the revised Traffic Impact Study is completed and provided to all of the property owners within the proposed CM District for review. Upon review and comment from this new evidence the City Council then can hold a public hearing to hear testimony, if any, from the affected property owners. In addition, our clients respectfully request to not be included within the CM District, or alternatively have the CM Land Use Classification for "Existing Employment/Industrial District. Our client's properties are fully developed and should have the same designation as other properties within the CM District that are fully developed. Very truly yours, STARK and HAMMACK, P.C. C- Eric R. Stark LM-tJ Sf- b/tf!ro &luruJ n<f;r :k::. ~ 2-:'5 -'-r~"'?-.. ",=, r.:.~ ~ a...~N ~~ "L....i."""-l."\ N... ....'T-l C:...",....s-c... 6T, \ o-\-A. 'i .;:,. 'r-\lSO c:.lT'1 '"To '~~T4<"L ::51!:)S~<"'~ 'F""~ -=,,~ '''''0 ~Os-::.. \....,c:> '1;S....~ ~ i2D....p <PI?' ~'i-4e:.""~ ~i ~.-.J ~fU>t.~.:s:? I . i C1'Tj c:>-..{ '-'~--Hs l~5"'-b.. ~ .A~.,f'L""""'5.s-:::) No"\ ~~\ PI~ ~~_'. ~;;1- <"'\5~"'/ e,~T :.clS'.......T..F'1 ~-lI?(l:luQ,L~ e>~ - . . 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