Loading...
HomeMy WebLinkAbout1987-0616 Regular Meeting " IMPORTANT: '-,AAycCA;Uze' -ce.nd-lng CouncU me.wng!> ml11j .6pe.a.k on any -<..te.m on :the. agenda., un.te.M .,' .{;t .i..6 :the cubje.ct 06 a pubuc. he.aJL-i.ng wh-lc.h hail been cEo.6e.d. 16 you w.i..6h to !>pe.ak, ,. _.... pLe.Me we and aQ.te.!l you have bl?-e.n fLe.c.ogn<-ze.d by the. Cha.Vr., g.i.ve. youJt name. and add:t.~. The Cha.Ut w{,U then aU.ow you to .6pe.a.k and a..t.60 .i.n60fLm you M to :the amount 06 time. aU.o.tte.d to you. The. t.<.me. gJumte.d w{,U be de.pe.l1de.n:t to .6ome. e.x:te.n:t on :the nMuJte. 06 :the. de.m unde.1l d-l.6c.u.M<-on, the. numbe.1l 06 pe.ople. who w.i..6h to be. heMd,and the leng:th 06 :the agenda.. .!Yu.-~ . --" ~\ AGENDA FOR THE REGULAR HEETING ASHLAND CITY COUNCIL JUNE 16, 1987 - I. PLEDGE OF ALLEGIANCE:, 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of J~ne 2, 1987 IV. PUBLIC HEARINGS: rr - I 1. Appeal from a decision of the Planning Commission relative to conditions imposed on Planning Action 87-058, a variance to allow a substandard access on a flag lot at 610 Chestnut Street (Steve Morjig, applicant). V. COMMUNICATIONS, PETITIONS & REMONSTRANCES: 1. Oral report' by Ken Mickelsen, Director of Parks & Recreation, on future plans for Bear Creek and Ashland Creek Greenway properties within the City. 2. Land donation acknowledgement from A.B. Wilson for property on Ditch Road for pedestrian way and park purposes. VI.. UNFINISHED BUSINESS: 1. Oral report by Public Works Director Alsing on Hersey Street FAUS project and feasibi1i~y of expanding project limits. Report by Downtown Development Committee regarding policy for restaurant seating on sidewalks. ., 2. VII. NEW & MISCELLANEOUS BUSINESS: 1. Report and recommendation by the Director of Public Works concerning the expansion of the Mt. Ashland Ski Area, and water quality. 2. Recommendation from Ashland Airport Commission concerning award of FBO lease at Ashland Municipal Airport. ,VIII. PUBLIC FORUM: Business from the audience not included on the agenda. IX. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. Resolution accepting transfer of jurisdiction over certain County Roads within the City Limits in exchange for certain County properties. 2. Resolution setting a public hearing on the proposed improvement of Hersey Street between Water Street and Oak Street under the FAUS program. 3. Resolution authorizing an interfund loan to the Street Fund. X. OTHER BUSINESS FROM COUNCIL ~1EMBERS XI. ADJOUfuWlENT Attachments: 1. }linutes of Boards, Commissions and Committees 2. Monthly Department Reports \ "'"""~ ROLL CALL APPROVAL OF MINUTES COMMUNICATIONS, Appeal - PNB Microwave. Tower Appeal of Planning Action No. 87-058 NEW & MISCELLANEOUS Utility Deposit Interest MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 2, 1987 Mayor L. Gordon Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Elerath, Bennett, Acklin, Laws and Arnold were present. Reid arrived at 7:32 P.M. Acklin moved to approve the minutes of the regular meeting of Executive Session and Regular Meeting of May 19, 1987; and the special meeting of May 26, 1987. Bennett seconded the motion which passed unanimously on voice vote. PETITIONS & REMONSTRANCES: City Administrator explained and read a letter of appeal from the Ad Hoc Committee of Concerned Citizens concerning the May 13, 1987 Planning Commission decision on P.A. #87-051 approving a site review for Pacific Northwest Bell to install a microwave antenna at the corner of Sixth and East Main Streets. Tom McGill, District Manager of Community Affairs for PNB, said there is an urgency in getting the antenna erected in order to serve long-distance customers in Klamath and Lake Counties, because 98.3% of their long-distance circuits are in use this year. Warren Goines, 123 Sixth Street, spoke for the Ad Hoc Committee requesting the public hearing be set after July 6th. It. was noted that PNB's attorney will not be available for the regular meeting of July 7th. Arnold moved to set the pUblic hearing for July 21, 1987, Reid seconded the motion which passed on roll call vote as follows: Reid, Acklin, Laws and Arnold, YES; Elerath and Bennett, NO. (Statement of request for delayed hearing from the Ad Hoc Committee for Concerned Citizens placed on file in the City Recorder's office.) A letter of appeal was read from Steven Morjig, 610 Chestnut, concerning a decision of the Planning Commission on May 15, 1987, denying the use of a guest house, at the above address, as a.rental. Arnold moved to set the public hearing for June 16, 1987; Reid seconded the motion which passed unanimously on voice vote. BUSINESS: A memo from Director of Finance Nelson was read concerning the City's policy on paying interest on utility deposits. Reid felt paying interest on these accounts would be good public relations. Elerath said should set limit on the minimum amount of interest which would be paid. No action necessary. 6/2/87 P. 1 .Regular Meeting (",.:.' .~ Minimum Charges utility services Hersey St. FAUS Improvement Proj. Ski Ashland Expansion Proj. Land Exchange Hitt Road Mayor's Appt. Planning Comm. Ashland City Council 6/2/87 P. 2 A memo was read from Supervising Accountant Huckins regarding billing procedure for partial months service. Laws said money should be spent to get our policy in line with other utilities, and moved to instruct staff to make necessary changes in the billing system; which is estimated to cost between $800 and $1100. Reid seconded the motion which passed unanimously on voice vote. Public Works Director Alsing gave a short history and update of the Hersey Street F.A.U.S. project noting that the plans and specifications are completed and have been accepted by the State Highway Division. The water line from N. Main to Water Street has been installed, and the storm sewer will be completed soon. The Federal Dept. of Transportation is requiring the project include the section to Oak Street in order to receive the Federal funding, which will necessitate replacement of the bridge over Water Street and acquisition of additional street right of way, which would be additional costs to the City. Alsing recommended the Council schedule another public hearing on the improvements and consider using the 2/3 remonstrance if 50% of the property owners are not in favor of the project, which would be assessed at $25.00 per front foot. Laws would not be in favor of using 2/3 remonstrance in this case and suggested the project be dropped until property owners are 50% in favor. Acklin was also opposed to using 2/3 remonstrance in this project. City Administrator Almquist will. prepare a Resolution for the next Council meeting, and the public hearing will be set . for the July 7thll meeting. I Dir. of Public Works Alsing gave a short update of the Ski Ashland expansion project. The Forest Service has completed an environmental impact statement, and Regina Stepahin from Ski Ashland is willing to conduct field trips or give presentations on the proposals. Laws noted that a model is available for viewing at the Ski Ashland office. Alsing will bring further information to the next meeting of the Council. No action necessary. . Almquist reported acquisition of 16.5 acres of land for the Northwest Water Reservoir site. Arnold moved to authorize Mayor and. City Recorder to sign a deed for 2.5 acres of land on Strawberry Lane in exchange for 5.0 acres on Hitt Road for the same purpose. Reid seconded .the motion which passed unanimously on voice vote. Reid moved to approve the Mayor's appointment of Michael Bingham to the Planning Commission to fill unexpired term ending December 31, 1987. Laws seconded the motion which passed. unanimously on voice vote. 6/2/87 P. 2 " .Regular Meetinq .. ~;.... PUBLIC FORUM: Liquor License Approval Mountain Avenue Safety Hazards Ashland City Council 6/2/87 P. 3 Debby Tavakoli, owner of the Stage Door Cafe, requested the approval of her liquor license be placed on the agenda. City Recorder Franklin said the Police Department had recommended approval of the license. Laws moved to place item on the agenda, Reid seconded and it passed unanimously on voice vote. Laws moved to approve liquor license application. Elerath seconded, all AYES on voice vo~e. Marie Morehead, 310 N. Mountain Ave., addressed the Council regarding the safety hazards posed by the granite surface and sharp curve on Mountain Avenue. She requested assistance in finding a way to pave the street, possibly using Economic Development funds because Mountain leads into an industrial park area. Alsing said this road would be eligible for FAUS funding if fully improved; and paving only, without curb and gutter, would be appropriate if financed in another way. Bob Whaley, 814 Clay Street, expressed concern for the school children he drives bus for and said he has had several near collisions on Mountain Ave; The Council requested Planning Director Fregonese to look into the possibility of obtaining Economic Development funds for this project. No further action was necessary and the public forum was closed. ORDINANCES, RESOLUTIONS & CONTRACTS:._ "A" Street Impr. Second reading. by title only was given an ordinance . ordering the improvement of "A" Street from 7th to 8th Streets. Laws moved to adopt the ordinance, Acklin seconded, all AYES on roll call vote. (Ref. Ord. No. 2420) City Services State Rev. Shar. Winter Org. Oregon Pay Plan 1987-88 Mngmt. & Confid. A resolution was read listing service provided by the City for State Revenue Sharing purposes. Laws made a motion to adopt the resolution, Bennett seconded, all AYES on roll call vote. (Ref. Reso. No. 87-23) A: resolution supporting the concept of bringing the 1998 Winter Olympics to Oregon was read. Arnold moved to adopt, Bennett seconded the motion which passed on voice vote as follows: Reid, Bennett, Acklin, Laws and Arnold, YES; Elerath, NO. (Ref. Reso. No. 87-24) A resolution adopting a 1987-88 pay plan for management and confidential employees was read. Laws recommended moving the January 1, 1988 salary increase for the positions of Public Works Director and Finance Director up to July I, 1987; to show appreciation to 6/2/87 P. 3 Regular Meetinq .j..... ~ Pay Plan (Continued) Ratification of Contract-Teamsters OTHER BUSINESS: Sediment Pond Committee Flag Day Ceremony Sumatra visit ADJOURNMENT Ashland City Council 6/2/87 P. 4 Alsing and Nelson who are retiring and to have those salaries in place when replacements are hired. Laws' moved to approve as amended, Reid seconded the motion which passed unanimously on roll call vote. Arnold moved to adopt the amended resolution, Acklin seconded, all AYES on roll call vote. (Ref. Reso. No. 87-25) City Administrator Almquist reported that the Police Department employees represented by the Teamsters Union had rejected the contract. No further action necessary. Mayor Medaris reported that Pat Adams and Jean Crawford had been selected to represent the Parks Commission on the committee to study joint use of the settling pond on Greenway property. Mayor Medaris invited the Councilors to attend the Flag Day celebrations in Lithia Park on June 14th. Elerath told of his visit to Sumatra, and of the good feelings the people have for America. ' The meeting adjourned at 8:40 P.M. Nan E. Franklin City Recorder L. Gordon Medaris Mayor 6/2/87 P. 4 fJ .I : ;~. .~ - . f\ : __~____--:~___________________________ _________ _____________r1!1-j _?C t___ _ I /18. 7 _----------!O ----w26~--,* ____'/":I~--coV')c.e~li), -______'___,,___;__ _----- . - u . :..____________ . \ _~o~\&__h \Ce..__k___A~pe~\..____A_:&\:e~slc _Jo__ :- ______ c---.\-l,e _____c.\ \.)n__c.OU\I\C-'IL___,pLlkc..cs \(J'I\.._mC\tlQ_~ .b~ __uK-'€.. _ ~------- ~~~nlV;~ _u_c.c:>mmissiu"'-___'Oh,____fI\A'115:_~__}Jg& 7J --. . : _ ___ n_ re~ Ar~V'-.:)-__(YI j ___pIO ~>( S .' 0\1'_ __~J D __c..L..e~t",_,A-.:I : .. ___n~\S~) I'ee. _____c..v~_tl____tt,_e-- 6L~C~S.(d_~____\A~--~"'~\.._J:',___ ____ .'----------w AS~'i -- O-.\o\~ -----to ---'21" f \1"r\"'__iI"\~--eJP,s.e-"-- -m ~__YY1I'Y\\''\-.n , . __________J-\~G\ 3'..,-e.:,...w+--~--\-:lv.v:v\ ___::t.. ~()u-cJ_l\_k~_b_la~ n~ll ' ~~ ~=~ =U:'_",_~ .:., I' -h')= vI t<\~~~;::~,,:""-::~.:.=:::: .:. . ..._.=.:-._-~=~_-~.:::::-=:-::.......:.~......_~~.~JJ..:=~..-.~_ - . =: -~_-:- t{~~-I::; ---_-~~~--~=~-_~::=:-~_:-~~~~_H~.: .. "- ---Ft--IS/-Off(, _ _.._H_______ ' ! " t':::-"~l \.:Y ,M;,1 ~ I " STAFF REPORT May 14, 1987 PLANNING ACTION: 87-058 ~Jr APPLICANT: Steve Morjig LOCATION: 610 Chestnut ZONE DESIGNATION: R-2 COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ORDINANCE REFERENCE: 18.24, l8.76, 18.100 REQUEST: A Minor Land Partition and a Variance for an access width of less than 20 feet on a flag drive serving two parcels. I. Relevant Facts I) Background - History of Application: There are no planning actions of record for this site. 2) Detailed Description of the Site and proposal: The parent parcel is a flag lot of over 22,000 square feet in area, having dimensions of 182.S by 121.S feet, excluding the flag drive area. Access is by a 14.5 foot unpaved flag drive, which, according to the applicant, was created in the 1950's. The drive is lined on both sides with fences, with some shrubs and two large deciduous trees. On the western portion of the lot is the existing house and garage, along with a storage shed. The eastern portion of thalot is undeveloped, with trees and shrubs around the perimeter. The lot slopes slightly towards the north, but drops off significantly at the north property line. The surrounding uses are residential to the north and west, a medical office to the east, and a ambulance service/residence to the south. The applicant is requesting to partition the existing flag lot into two lots, one 112.S by 121.5 feet (13,669 sq. ft.) which will contain the existing residence, and the eastern lot to be created will be 70 by 121.5 feet (8,505 sq. ft.). The applicant is also requesting a variance from the standard flag drive requirements for a drive serving two lots. The requirement calls for a 20 foot wide flag with a IS foot paved surface. Due to the existing lot configuration, the proposed flag will be 14.S feet. . 1""'1 ~ ~~l ~ II. project Impact Had the applicant had adequate area for the flag drive, this planning action could have been processed as a Type I. There appears to be little potential impact from the minor land partition ~ince the lot is large enough to adequately meet the requirements for partitioning. The main impact will be from the increased use of the flag drive, which will b~ narrower than the required width. Those mainly affected will be the properties adjacent to the drive. The required width for a flag drive serving two single family lots is 20 feet with a paved surface of 15 feet to the back of the first lot and 12 feet for the rear-lot. The R-2 zoning,and the rear lot area would be large enough to a accommodate a duplex, given all ordinance criteria could be met. 7 III. Procedural - Required Burden of Proof Applications for approval of a flag partition can be granted based on the necessary findings of Chapter 18.76.0S0 and 060. These require that I) the future use for urban purposes of the remainder of the tract under the same ownership will not be impeded, 2) that the development of the remainder of any adjoining land or access thereto will not be impeded, 3) that the tract of land has not been partitioned for 12 -months, 4) that the partition is not in conflict with any law, ordinance or resolution applicable to the land, 5) that the partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions and 6) that the approval can only be granted when there exists a 20 wide street abutting the property. Paving and screening of the flag access, and 4 parking stalls per lot are ' also required. Further, the finding that the proposal will not cause undo har~ to adjacent property owners must be made. The applicant has submitted findings for all the above conditions, except those pertaining to the flag drive, which is addressed in the variance findings. Requirements for the granting of a Variance are found in Chapter 18.100.020 which states that I) there are exceptional or extraordinary circumstances which apply to this site that do not typically apply elsewhere under a similar zoning, 2) that the granting of the application is necessary for the preservation of the enjoyment of the property rights of the partitioner, 3) that the granting of the application will not under the circumstances be outweighed by any adverse impact on the development of the adjacent uses, and 4) that the circumstances have not been willfully or purposely self-imposed. The applicants findings addressing these requirements are attached. IV. Conclusions and'Recommendations The main factor involved in this application is the variance for the flag drive width. The primary concern for the impact i u u ~ of this variance will be on the adjacent neighbors nearest to the drive. The increase from its present level of use will impact the neighbors, and a duplex style development would increase the use even more. The applicant has stated in his findings, however, that he has contacted the adjacent property owners concerning this application and they have not objected. Should the Planning Commission approve this application, they may wish to consider adding a condition restricting the development on the new vacant parcel to a single-family dwelling, and not allow a duplex. This would still allow ~se of the lot without unduly impacting adjacent properties through increased use of the flag drive. Should the Planning Commission approve this application, Staff would recommend that it be subject to the following conditions: I) That utilities for sewer and water be installed within the necessary easements to the satisfaction of the Public Works Director. 2) That electrical power will be installed including any necessary easements to the satisfaction of the City Electric Utility. 3) That the flag drive be paved to the maximum width feasible, to minimize the variance from the IS foot paved surface requirement. 4) That the flag drive be paved and screened to the standards outlined in section 18.76.060, with the understanding of the limitations based on the variance request, prior to the issuance of a Certificate of Occupancy for the structure placed on the new site. 5) That a minimum of 4 parking stalls shall be provided per lot prior to issuance of a certificate of occupancy. 6) That development of the rear parcel will be limited to a single family use. Such provision to be placed as a deed restriction on the site. \&~ l;";'-' ..-...~_.~ .," ,~. Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on the 14th day of May 1987 at 7:30 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, oregon. At such Public Hearing, any person is entitled to be heard. If you have any questions or comments concerning this request, please feel free to contact the Ashland Planning Department, City Hall, at 488-5305. ST. I , .....- .,=,... , SCALE. i" ~ 100' -" ~JU~T\"'9 , I.'," ..... .... "'i ~.u.".n 4 . 600 ..t o I ~O I 1lIl- I on... I~~ I ~ I ~ 500 f ". i09 .. 1200 110' 1100 2 ~ . t -I ".. t 1502 ",-s' 700 ~ ~ a 2 * ~ . . . :x> c, .. ~ " 7 ". 8 ....."""'- ~"."."'''I ".s' 'at. ,.,.".' ....c.... v.,n,,'. .~~ '0. MAPLE N SOl J.~" ~ ..-, " 5T . . . . ~(~~1~L~1~~I"I"l.""'I.II"'1'111"""""."""\.....,..ft ~. -,.;:r t.. J ,oa .J.. . 1.'.&4' ~2100 . 'I ' \ \ I A HLAND I CO MUNIT~ PITAL \ v....A ,s~. I - :r. l I I t IS ,..." \ 2000 . . ~ 1700 I i\ ~ , ~~~N~~NGtACTION 87-058 is a request for a Minor Land Partition at than 2~sf~~~'t A~SO requelsted is a V~riance for aCgess of less . 0 wo parce s, as requ1red by ordinance ~~~~rAehens1ve Plan Designation: MUlti-Family Residential' Zoning' , ssessor' s Map j! SDB; Tax Lot 600. ',' APPLICANT: Steve Morjig i~:;!~~; ~ . ~ '-"-~~ .. J!i"- .~1,i;~~"- , ~.;:' ., -:i'. .. ... \ U u :,.,.,. Steve Morjig 610 Chestnut Ashland, OR 97520 April 22, 1987 ~ --- Findings Addressing Minor Land Partition 18.76.050 a). Future use of rear parcel will not be impeded; utility access easement will be provided. b) No other property will become land-locked as a result of a partition. c) The tract of land has not been partitioned in the last twelve months. d) Partit'ioning is in accordance with laws and ordinances of the City of Ashland except for access issue, which will be subject to variance attached. e) The partitioning is in accordance with the design and streets standards contained in the chapter on subdivi- sions. 18.76.060 b) I have contacted neighbors whose property abuts access and they will not object. ' They will be the people most affected. I will be paving access. c to h) I agree to the remainder of the conditions of 18.76.060. Variance Findings a) Exceptional or extraordinary circumstances: Existing access to over 1/2 acre property is only 14'5". This is the only access available. The lot was established in the 19S0s, prior to ordinances addressing flag accesses. b) Property is naturally large enough to handle more resi- dences. I am being taxed for it. Upon purchasing property, I planned to build a house on land subject to partition. If access was 20', partition and construc- tion of house would conform to all zone laws in ,the City of Ashland. So in order to exercise my property rights regarding the allowable density, given the square foot- age on this lot, I'm requesting this variance. ,y /. ; ... '. u o Steve Morjig April 22, 1987 page two l," c) Es tabl ishment of res idence on proper ty subject to land partition will, in my opinion, hardly be noticed, let alone affect the health and safety of the neighborhood. Being bordered by a medical office to the east, an ambulance company/residence to the south, a residence approximately ISO' away and downhill to the north, and my own personal residence to-the west, building on the site will not be overcrowding of space. Traffic will be increased down the access. I have contacted neighbors with abutting accesses and they do not object. d) 14 '5" access was established in the 19S0s, as mentioned before, prior to ordinances regulating flag drives. I.,l;::~'"::~' . J i;Zr . ~ .hI ? ~ r- =:t: ~ .... ~._--,-- (i ,{ a E , ~l o -J ~ ~ QI ~ V o ..... ~ - -- ~ . .' .~ ~ ---r - 1: 1f' t .._ ~ .::sit 1 C"\09 ~ , ~ o QJ /') O-<i ~, '" u- i tf) SM , , il 1 :;, :~ 1\ ~ 1"' ~J ~ ,... a l' ..-'"') W '(' ~ '" \n ~ ti G \" '.. '" ~ - ff;" y -:::: V- '0 ~ ~" ,... ()o .. 'I J(/ 3 . \) ~ >- '\A-oW;..l~d vaSoQOJ.C ... 1~) ~,,,,11 ~ Q 1- - - -- -~ ,--~ lj I ~')\-><I~ I I ~n ''\~''''() \ _!:-::.fO:7.d C:,'/\'"-'G ~" I \ .-- ~ t ~' ~ !S ~ Q \fI ~ b J~~ X' In ~~ P- ~ r- Ei t'\ - .... 0" :r I ' ~ -1C-- -- --- 1.. C"l1 I ~ ct ~f ~ 1\ 0- \ 1 ~-t i3 -~1-~~4CS t{'~"~ J , ~ S/N/f7 PLANNING ACTION 87-063 SETBACK VARIANCE 779 TWINS PINES CIRCLE APPLICANT: LLOYD THACKER STAFF REPORT Jannusch stated that the proposal involved a request to place a structure closer than the 20 foot required setback. The primary hardship that the applicant is proposing is that there is an extremely large oak tree on the site that he would like to save. Jannusch showed slides showing where the tree was located. Jannusch said the zoning on this property is RI-IO and this lot is 6600 square feet. The setback is -similar to that of the adjacent properties. Staff had some ambivalence because the lot size is small and the tree was an aesthetic consideration. It will be difficult to place a structure of any size on the lot, however, Staff is generally supportive of the application and recommends approval. PUBLIC HEARING, LLOYD THACKER, 835 Oak Knoll Drive, was available to answer commissioners questions. COMMISSIONERS DISCUSSION AND MOTION Kennedy moved to approve this Planning Action. It was seconded and the vote was unanimous. PLANNING ACTION 87-058 ~, MINOR LAND PARTITION 610 CHESTNUT APPLICANT: STEVE MORJIG STAFF REPORT Jannusch stated that the existing parcel is in excess of 22,000 square feet. He stated this is in an area of predominantly older homes and that this partition will be used only as a means of access to the property. The minimum width for a flag grive to access to two units is 20 feet which also includes a IS foot wide paved access (2 1/2 feet on each side for screening). This is the only means of access to that lot, and it will be feasible for the applicant to pave a 14 foot width and use the existing landscaping as screening. Staff felt this was a reasonable request since the applicant was requesting development of only one more lot when, in fact, it could accommodate six to eight units in an R-2 zone. In discussing with the applicant the possibility of putting a duplex on this property, Staff felt that it would be appropriate to limit the development of the property to a single family unit because of the traffic impact and because of the problems of the minimum width on the access. Staff recommends approval subject to the conditions stated in the Staff report.' Jannusch showed slides of the property. ~ " PUBLIC HEARING JOAN ROBBINS, 620 Chestnut, owner of the property adjacent to applicant's driveway expressed concern about the narrow width of the driveway. Her fence had been knocked down and wondered if it happened again where the fault would lie. She wondered if the driveway could be 14 feet wide since there was an irrigation ditch on one side of the driveway. STEVE MORJIG, 620 Chestnut, explained how the fence got knocked down and stated he would accept responsibility if the fence was damaged. Morjig said he would like to keep a little grassy area on each side of the driveway because he felt it wourd look better than having the driveway paved tight to the fence. It was determined that there were two existing structures on the property at this time--Morjig's residence and a storage shed that he thought he might use as a guest house or rent as a separate unit. COMMISSIONERS DISCUSSION AND MOTION Staff said that in order to serve more than two units, it would require that the owner provide two-way access and because there is not two-way access on this flag drive, Staff felt it was important to limit the number of units to a single family residential unit. Benson felt that a 14 foot minimum paving was needed and if necessary to cover the irrigation ditch. Morjig explained that the irrigation water was piped in. Benson thought it would be acceptable to allow a few of the existing trees along the edge of the driveway to remain and to let the drive be paved around these few trees. Fregonese suggested it be put in the record the applicant recognizes that the guest house cannot be used as a separate unit but can be used as a legal guest house with no kitchen facilities. Winthrop moved to approve the Planning Action but changing Condition 6 to state that the development of both parcels will be limited to a single unit each. PLANNING ACTION 87-064 CONDITIONAL USE PERMIT 514 SISKIYOU BOULEVARD APPLICANT: ROY AND ALYCE LEVY STAFF REPORT Staff recommends approval for permanent approval of a traveler's accommodation known as the Royal Carter House. COMMISSIONS DISCUSSION AND MOTION Kennedy moved to approve this Planning Action. It was seconded and the motion carried. \! e>- ,.. BEFORE THE PLANNING COMMISSION CITY OF ASHLAND, OREGON MAY 14, 1987 APPLI-) ) ) ) ) IN THE MATTER OF PLANNING ACTION 87-058, AN CATION FOR A MINOR PARTITION AND VARIANCE FOR ACCESS WIDTH OF LESS THAN 20 FEET ON FLAG DRIVE SERVING TWO PARCELS. APPLICANT: STEVE MORJIG FINDINGS, CONCLUSIONS AND ORDERS RECITALS: I) Parcel #600 of 39lE SDB is an existing flag lot encompassing approximately 22,000 square feet in total area. zoning for the site is split single family for that portion of property designated as flag drive while the building area on the subject parcel is zoned R-2. 2) Application was made to create a second parcel to be accessed via the existing flag drive, the existing flag access is measured only at 14 1/2 feet of width. Ordinance requirements state that access to a two parcel flag partition must be a minimum of 20 feet in width to be improved to IS feet of paving, hence the necessity for the Variance. 3) The criteria for granting approval to a flag partition are found in Chapter 18.76.050 and 060. Variance criteria are found in Chapter 18.100. All aforementioned sections are hereby referenced. \ 4) The Planning Commission, after, proper public notice, held a Public Hearing on May 14, 1987 at which time testimony was received and Exhibits were presented. The Planning Commission approved the appiication for a partition and variance subject to certain conditions which would guarantee the appropriate development of this site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION I FINDINGS l.l The Planning Commission hereby incorporates by reference the attached Staff Report noted as "Exhibit A", the Site Plan prepared by the applicant noted as "Exhibit B," the Findings prepared by the applicant noted as "Exhibit C", slides presented the evening of the Public Hearing on this matter noted as "Exhibits D, E, F and G", and the Minutes from the Public Hearing on this proposal held on noted as "Exhibit H". SECTION 2 CONCLUSORY FINDINGS " ~ ~w . , ~ 2.1 The commission finds that is has received all information necessary to make a decision based on the Staff Report, Public Hearing Testimony and the Exhibits received and reviewed. 2.2 The commission finds that the proposed partition is in compliance with the relevant criteria of the Partition Ordinance except,for Chapter 18.76.0S0IDl and IF) which references conflicts with laws, ordinances, or resolutions applicable to the land. However, in light of the Findings submitted for the Variance, the Commission finds that there does exist the hardship and the relevant issue of the Variance criteria have been met. . 2.3 The Commission further adopts the applicant's findings as submitted. SECTION 3 DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal is an appropriate use of the site. Therefore, based on the overall conclusions and upon the proposal being subject to each of the following conditions, we approve Planning Action 87-058. Further, if anyone or more of the following conditions are found to be invalid for any reason whatsoever, than Planning Action 87-058 is denied. The following are the conditions and they are attached to the approval: I) That utilities for sewer and water be installed within the necessary easements to the satisfaction of the Public Works Director. 2) That electrical power will be installed including any necessary easements to the satisfaction of the City Electric Utility. 3) That the flag drive be paved to the maximum width feasible, to minimize the variance from the IS foot paved surface requirement. 4) That the flag drive be paved and screened to the standards outlined in section 18.76.060, with the understanding of the limitations based on the variance request, prior to the issuance of a Certificate of Occupancy for the structure placed on the new site. 5) That a minimum of 4 parking stalls shall be provided per lot prior to issuance of a certificate of occupancy. 6) That development of both parcels would be limited to single family uses. Such provision to be placed as a deed restrictions on the sites. Planning Commission Approval Date (i# .il--:-*- Il :.t BARGAIN AND SALE DEED A. B. WILSON, hereinafter called "Grantor", for and in considera- tion of affection for the City of Ashland, and of ONE DOLLAR ($1.00), the receipt of whic~ is hereby acknowledged, conveys to the CITY OF ASHLAND, OREGON, a municipal corporation of the State of Oregon, hereinafter called "Grantee", all that real property situated in Jackson County, State of Oregon, described as set forth in Exhibit A, which is attached hereto and ~ncorporated herein. This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regula- tions. Before signing and accepting this instrument, the person acquiring fee title to the property should check with the appropriate City or County Planning Department to verify approved uses. It is the, wish and desire of the Grantor that the land be avail~ able for the use of the public for use as pedestrian access to the extent this does not interfere with the' use of the land by the Grantee. _ This, however, is not to impose a legal obligation or' restriction on the Grantee's use of the land. , The Grantee acknowledges that the property hereby conveyed to it has at the present time a fair market value of SIX THOUSAND DOLLARS ($6,000.00) . Dated this 3rd day ,of A.? jjJ/r;)~ STATE OF OREGON ss. County of Jackson) ,On 3rd day of June , 1987, personally appeared the above-named A. B. WILSON, and acknowledged the foregoing instrument to be his voluntary act and deed. Before me: L-, Bargain and Sale Deed RONALD L. SALTER ''._ATTORNEY AT LAW &4 THIRD STREET ASHLAND. OREGON 97520 ; '~::X27'::~?"--='~~=~~--:--"'-"-''''''- .:. :~'~:f~r::j"' r;-? "~J/ I EXHIBIT A TO BARGAIN AND SALE DEED FROM A. B. WILSON TO CITY OF ASHLAND Cc~mencing at the point of intersection of the center line of Granite Street in the City of Ashland, Oregon, with the North line of the south half of the southeast Quarter of Section 8, in Township 39 South of Range 1 East' of willamette Meridian, Oregon; thence West 221 f~et to a northeast corner of the tract of land belonging to the grantors in deed recorded in Volume 233, page 538 of the Deed Records of Jackson County, Oregon; thence West 500 feet to the true point of beginning of the land to be conveyed by this deed; thence South 87.125 feet; thence West 250 feet; thence North 87.125 feet; thence East 250 feet to the true point of beginning above described containing one-half acre, more or less. J? '1 MEMORANDUM ,.. To: City Administrator{jJl' From: Planning Directo Re: Use of sidewalks fo ating In response to the request from the Council to develop a consistent policy regarding the use of the sidewalks for seating, as is found in many other cities, I contacted both the Planning Commission and the Ashland Downtown Association to form an ad-hoc committee to review the question. I also researched standards for pedestrian travel, finding most of my data in a publication "Designing Effective Pedestrian Improvements in Business Districts", Amercian Planning Association, Planning Advisory Service Report * 368. The members who volunteered to serve were Neil Benson, Robert Winthrop, and Dave Bernard from the Planning Commission, and Joell Graves, Manning & Morgan Antiques, vicki von Grabel, von Grabel Gallery, and Mike utoff, Northwest Nature Gallery. Input was also received from Lance Pugh, the Oddfellows Building, Mike Bingham, the Ashland Bakery Cafe and recent appointment to the Planning Commission, and Gerry Mandell, Gerry's Homemade Ice Cream. The general concept of sidewalk cafes met with enthusiasm, and has been one of the items that has been discussed in the downtown plan. It was also recognized that the sidewalk's main purpose was to provide for traffic flow, and any, other uses should be subservient. It was also not~d that people tended to want to sit where people were, and that people watching was a popular and healthy pastime which should be encouraged downtown. Several members are familiar'with william H. Whyte's pioneering research, "The Social Life of Small Urban Spaces", and this type of use seemed to be in keeping with his conclusions. We were hampered by a lack of local experience with this type of seating, and the ability to draw any firm conclusions based on experience seems to require an experimental program to see if the concept will work in Ashland's downtown sidewalks, if locals and tourists will find this an attractive arrangement, and if additional restrictions are needed. It was agreed that an experimental program this summer would give us some experience from which we could make better decisions. Based on the studies mentioned, we found that a width of 8 feet was a recommended minimum for travel on sidewalks with pedestrian flows of around IS pedestrians per minute (PPM). Our sidewalks are between 8 and 12 feet in width downtown, with the majority being 10 to II feet in width, and our traffic flows range from 17.6 PPM to 2.3 PPM, with most sidewalks around 6 to 7. These are peak flows, not average flows, which are much lower. The studies also showed that an area about 2 to 3 feet from the windows was unused for traffic flows, being used by window shoppers instead. Our sidewalks are also full of obstructions such as trash cans, ~ , street trees, landscape planters, and light standards on the street side, and newspaper dispensers on the business side. Because of this, traffic areas vary in width from 8 to 4 feet. It was our conclusion that since the average minimum area needed by a pedestrian is 1.5 feet, and since pedestrians like to travel in . pairs, a 6 foot minimum travel width would allow to pairs of pedestrians to pass. pedestrians that exceed the 1.5 foot width, groups of three, and the like seem to be working out their problems now, and we felt comfortable with the 6 foot minimum as a standard. Field surveys were taken with a table from the Ashland Bakery Cafe which was 2 feet in width, and accommodated two persons. Locations were tested in the Plaza area, and it was obvious that there were areas that could accommodate the tables, and areas that could produce conflicts.- Areas that could accommodate the tables were areas where there were no obstructions such as trees or street lights, areas that were not adjacent to parking cars, and areas that were not used for other purposes such as window shopping. Generally speaking, the areas along side the buildings, out to a width of 3 feet were the most suitable, although exceptions did exist. Areas that were not suitable were areas around doorways, near parking cars, crosswalks, and where existing obstructions narrowed the travel lanes in the sidewalk to less than 6 feet. The city's ordinance has a provlslon that prohibits obstruction of sidewalks (AMC 10.64l, a copy of which is attached. There appears to be no prohibition to providing seating as long as other provisions are not violated. Section 11.12.020 (attachedl allows the city administrator to adopt "appropriate and reasonable regulation" in providing for "...the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic". It therefore appears that you have the authority to promulgate regulations regarding the use of the sidewalks for seating. The committee recommends that an experimental program be run this summer to provide for seating in sidewalk areas. They have agreed to review applications for you and offer their recommendation so as to ease the burden of paperwork. The system should require a permit from you based on your authority listed in the above section, and should include the following guidelines: II Only tables for food service be allowedi 2l Such tables be placed in front of the applicants business, or adjacent businesses with their written permissioni 3l That at least a 6 foot free travel lane be maintainedi 4l That the placement of tables not interfere with necessary existing patterns of pedestrian flowSi 5l That the tables and chairs be attractive and of a high qualitYi 6) That the applicant maintain ,the tables and the area use for sidewalk-seating in a clean manner, and provide for trash disposal and table bussing; 7) That no alcoholic beverages be served on the sidewalk; 8) That the applicant provide insurance coverage for the city to cover any claims arising from the tables or their use; 9) That the city administrator can place other conditions as he deems necessary to insure the continued safe traffic flow of pedestrians; 10) That the city administrator can revoke the permit if conditions of approval are violated, or, if unforeseen conditions arise that inconvenience the traveling pub1ic~ Such suspension can be temporary or permanent. II) That the tables are the property of the applicant, and their use by the public is under their control, is their responsibility, and at their risk. I believe that the council can adopt this program by motion, given the authority you already have to regulate the use of the sidewalks. I would be glad to screen the applications and handle the paperwork, as we are interested to test this idea as part of the Downtown Plan. , I am attaching a map of the food service locations, and also a map of pedestrian traffic flows from the Downtown Plan. o "=j = n = - =.......... , g >--3 J S; 0-<: g!J t::;:' ~ 1 = 0 g ~ '""j Iii t=::I ~ ~(/) ec::r:: . I ~ L' ~ ; I~. ;> ] o "tl"l:Jn t=.lt'"j ;; >t;:l....... o ~ t'"j>-3 ["tl U)....... ~.[:jI'-'3~ o3':::tI~ :en-o -0 ;t> ~ zz......... o en -.J '->-'3 tl;:::::o_ fzi;j(j) ~ c.., ~::r:: fl"r-< ~ .'<>-%j~ m ~SZ ~ ~~u "-.\ -,S'J .., ~1-5 ..,. "~:, ..... .. Public Peace, Morals and Safety 10.60.040--10.64.010 take or remove any public record, document, book, paper, or personal property of any kind owned by the city. B. No person, without proper authority, shall mutilate or destroy any public record, document, book, or paper on file or kept on record'in any public office of the city. C. No person shall retain any public record, document, book, or paper after lawful demand has been made for the return thereof. (Ord. 1558 s32, 1968). rohibited. No person shall wil u y,or ma iciously write upon, injure, deface, tear, or destroy a book, plate, picture, engraving, map, newspaper, m~gazine, pamphlet, phonograph record, or manuscript belonging to the public library. (Ord. 1538 sl, 1967). 10.60.050 Library property--Retention tast due date prohibited. No person shall wilfully or ma iciously detain any book, newspaper, magazine, pamphlet, or manuscript belonging to the public library for thirty (30) days after notice in writing from the librarian of such library, given after the expiration of time which by regulations of such library such book, newspaper, magazine" pamphlet, phonograph record, or manuscript may be kept. The notice shall bear upon its face a copy of this section and Section 10.60.060. (Ord. 1538 s2, 1967). 10.60.060 Violation--Penalty. Any person violating any of the provisions of this chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020. (Ord. 1810 (part), 1974; Ord. 1538 s3, 1967; Ord. 2382 s9, 1986). Chapter 10.64 OBSTRUCTING SIDEWALKS AND PASSAGEWAYS Sections:' 10.64.010 Obstructing passageways. 10.64.020 Sidewalks. 10.64.010 Obstructing passageways. A. Except as otherwise permitted by ordinance, no person shall obstruct, cause to be obstructed, or assist in obstructing vehicular or 'pedestrian traffic on a street or public sidewalk. B. Except as otherwise permitted by ordinance, no person shall use a street or public sidewalk for selling, storing, or displaying merchandise or equipment. ' C. The provisions of this section shall not apply to - 172 Revised June 1986 ,:;f.:-":~ 0:) f-~~~""" 6~7 ~ -r-~:S:;.~ ~. . PubJ. i c PCilr;~ I Hor.:l1:::; and Sa.i."i~t.y ] G . (;.: . Ci:: 0--] 0 . (; '. . 030 the deli..../(:!~y of'mcrchi.ln=.iEc (It' cquiF~,Il("~l1t, pro\>.ic1(~d thr:~ ()\-:n~r ()~ r;e):..:;on .~n c:hdr0.C of t~l':: r::cl~chi.lrli:!.i.~:;(""!. or e<.l~li p::'tC:nt Ot" l!lc propc~.ty ..'!i.Juttin'; on the st:cc:ct or ~;.i.dc\-1al]': u~.\()n ,.;hi ell tl~(~ merchand:i.~~.~ or .eqtd pl:!Cnt is Jc.ca.tcd ]~C3j:t('ve~; tile mcrch.::i:~.\'l i s.~, or equipH:cnt \-Jithin a reasorJilb':c L:l'1c. (Or..1- 1558 513, }~:(j8). 10.64.020 Sidel,,'a1ks. A. 'llo person or gr.oup of ;0121-Sc;nS shall gather--or sti.ill~ upon "j"ublic side\-Jalk OJ: pub1i C Pilt,,- way in such a manner as to prevent, impede, or obstruct the free passaqs of. pedestrian truffie. B. l10 p0LSO~1 or 'group of pe:r-so!ls obstructir.g the free p~~sa~e of p~d~striiln traffi\:: SI1:.ill L:liJ OJ:' refll!32 t.O iil.:'.'\lC on ci di.spcrsc when 'l~wfu!ly o]~derc~ to do so by a polic8 offic2r. C. No o\';ner O~ pE:r:son in ch.3rgc of. property sh,lll pcr"- mit n cc:lJ.~:x door or <]ri;~tc located .in or upon d l.Yubljc ~~.iC!(~- \valk or" piJblic ~~lth"'.J2.l' to rCr:12in Op'211 e:.:cept "'!~en such ".:~n- tr':lnc.'3 is j;c.ir.g l1sc,~1 c:.ntl l:!H:?n l,),s-i.r..'.; used, tll!'"::n..~ arc 2.....:(.:fj,l.:..:.'t.C SE:!.:l:c9uurds for pcde.:itrian=- 'u:.Jiu9 the side',,<';llJ:.' (O.I~d. 1~;5t: sJl, 1968). 10.64.030 Pcnul ty fo)~ Viola tj on. Any person t,-Jl1o v~;_o]. utes-;::t~; p:.:-(~\'is~C(;n~or-ETli~; T:r)Cl~t~:;r 5;:':111 h8 pun Sl!'2 l: as ~e~ forth i~ Se~ticn 1.08.020 o~ tIle Asl)1~11d Muc cj.Jal CoJe. (Ord. 2179 sS. 1952). Sections: 10.68'.010 10.68.020 10.63.030 10.68.050 10.68.060 10.68.070 10.68.080 10.68.090 10.68.100 10.68.110 10.68.120 20.68.130 10.68.140 10.68.1S0 10.68.160 10.68.170 * ~hapt"l- iO. 6,9 PUBLIC PM:K3* - Parks--Oefinl2d. Par;.:s--Purposc. Park co~mi.ssion--Al]t}l()rity. Addresses--Solicitj,~~J--nesgi.119--Prohibit8cl. Selling in or near pilrks prohj,bited. Certain vocations pro~ibit8d. Advertising notices prollil)lted. Jntoxicafing liquor prohibited. Littering prohibited. - Injuring or defacing property prchibitLd. Park property--Prchibited us6s. Betting pro!libiteJ. Firearnls and c:.:plos.i \"es proh i b:i tea. Irljuring wildlife prohibit:ed. Annoying others prohibited. Park waters--Use. " f'or statutory prov~~ions regarding city parks, ~;e'2 O.i.~~: Ch. 226. 173 i<eviscd r'lay, 1 'Jf: 2 ~. :' , " ~ ~ :~,~.":"-- ~ .-.'; ,~ :e:j C-.>' Vehicles and Traffic 11.12.010--1l.12.020 ~hapter 11.12 TRAFFIC CONT-HOL* Sections: 11.12.010 11.12.02{) 11.12.030 1l.12.040 11.12.0S0 Powers of city council. Adoption of traffic zegu1ations. Existing signs and signals. Authority of police and fire officers. Temporary blocking or closing of streets. 11.12.010 Powers of city council: A. After approval by the State Highway Commission where such approval is re- quired:by the motor vehicle laws of Oregon and for the best use of the streets in the public interest, the council may designa'cE" by resolution the follv'.ving traffic controls Y/hich shall be~ome eff~ctive upon installation of appropriate traf- fic slgns, signals, markings, or other devices: I. Through streets; 2. One-way streets; 3, Truck routes; 4. Streets where trucks, machinery, or other large or heavy vehicles exceeding specified weights shall be pro- hibited. Such vehicles may, hmvever, be operated on such streets for the purpose of delivering or picking up materials or merchandise, but t:1en onl~' by entering such stree1:s at the interesection nearest the destination of the vehicle and leaving by the shortest route. B. Except when contrary to state law, if it appears that the pUblic safety or welfare does not require the in- stallation or maintenance 0f a traffic sign, signal, marking, or other- device or will be better served by the removal or alteration thereof, the council by resolution may forbid the installation or order the removal or alteration of any traf- fic sign, signal, marking, or other device that is proposed or installed u~der Section 11.12.020. Such traffic controls 'shall become inoperative or modified only when removed or altered. (Ord. 1557 ~3, 1968). 11.12.020 Adoption of traffic regulations. A. In mak- ing the best use of streets and sidewalks for vehicle traffic and parking and pedestrian traffic, the city administrator is authorized to provide appropriate and reasonable regulation * For statutoJ:Y provisions regarding the authority of local officinls to regulate traffic, see ORS 483.042 and 483.0.:3. 189 . -! , .' .) 0'" ~ t\.+_ ~ f!!) ,?'\ ~ Vehicles ,and Traffic 11.12.020 of the classes of traffic signs, signals, markings, and other devices described in subsection B of this section for the streets, sidewalks, and other public property of the City as are appropri- ate for the public safety, convenience and welfare. Subject to approval by the State Highway Commission where such approval is required by the motor vehicle laws of Oregon, the City Adminis- trator shall base his determinations only upon: 1. Traffic engineering principles and traffic investi- gations; 2. Standards, limitations, and rules promulgated by the State Highway Commission; and Other recognized traffic control standards. B. Pursuant to subsection A of this section, the City Administrator may establish, maintain, remove, or alter the fol- lowing classes of traffic controls: 1. Street areas and City-owned or leased land upon which parking may be entirely prohibited or prohibited during certain hours, and the angle of such parking; 2. The location and time of operation of traffic con- trol signals; 3. Bus stops, bus stands, taxicab stands; any other passenger common carrier vehicle stands; 4. The location of passenger loading zones for use in connection with a hotel, auditorium, theater, church, school, or public building; S. Loading zones for commercial purposes; 6. Intersections or areas where drivers of vehicles shall not make right, lef~, or U-turns, and the time when the prohibition applies; 7. Crosswalks, safety zones, parking spaces, traffic lanes, and other symbols; 8. Traffic control signs; and 9. All other signs, signals, markings, and devices re- quired to implement traffic and parking controls enacted by the Councilor required by State law or regulation. C. Pursuant to subsection A of this Section, the City Administrator may provide for temporary, experimental, or emer- gency traffic regulation that shall not remain in effect for more than thirty (30) days. No temporary, experimental or emer- gency regulation is effective until adequate traffic signs, sig- nals, markings, or other devices are erected, clearly indicating the regulation. (Ord. 2361, 1985) D. The City Administrator shall not remove or alter a traf- fic sign, signal, marking, or other device if his act would be contrary to State law or ordinance. If a traffic sign, signal, marking, or other device is installed under authority of a reso- lution of the Council, the Council shall first approve, by reso- lution, any change or alteration by the City Administrator. (Ord. 1557 S4, 1968) 190 Revised Nov. 1985 ~erit nrandum June 12, 1987 '(if 0: Brian L-. Almquist " Jlfrom: 0. Allen A. Alsing ~ubjed: Ski Ashland EIS I have reviewed the draft EIS for the Mount Ashland Ski Area and would like to make the following comments. The expansion of the ski area would certainly enhance the tourist and economic impact on Ashland and the Rogue Valley. If expansion does take place, however, it must not be detrimental to the water supply or at the expense of the citizens of Ashland. It appears that the present plan could have some adverse environmental impact on the watershed and the water supply and as such the proposers need to address several items in more depth. The EIS is a concept or framework and does not address specifics of how things will be constructed and how mitigation of damage will take place. If the proposed concept is accepted and a permit is issued, there does not seem to be any vehicle for future input as the various phases are developed, to control degredation of the watershed. Development could take place in the future in the manner of the improvements scheduled for this coming summer where no input was requested from the City nor has any plan for erosion mitigation been forwarded to the City for comment. Since the EIS is in the form of a concept only, it does not adequately address all potential impacts nor does it discuss any plans to mitigate those impacts. The EIS should address the scenario of worst possible impact and measures proposed to address this impact. . . . ~ Ski Ashland EIS - Page Two The proposal for a septic tank in the watershed is completely unacceptable. It is not a question of whether or not the existing septic system and drain field will fail but with the loads proposed it is a question of when it will fail. With the number of visitors anticipated, flows will be such that the jurisdiction for installation of the sewage facilities will rest with the Department of Environmental Quality. No comments from DEQ are included in the EIS. While mention is made of the steepness of the terrain outside of the watershed and there being no suitable land within the permit area, we feel that the permit area could be enlarged to include less steep and therefore more usable land outside of the watershed. This option does not seem to have been investigated. No mention is made of the nutrient load which would be placed in the East Fork drainage and ultimately in Reeder Reservoir. The reservoir already has algae problems at certain times and an additional nutrient load would compound this problem and require additional treatment and inherent costs to the City of Ashland. The EIS does not speak to the quality of the septic tank discharge or provide any DEQ evaluation of this item. With the proposed visitor load it seems reasonable to expect that restroom needs away from the proposed restroom facilities should be addressed. We know that many people will not travel any distance to facilities and it might be prudent to provide portable facilities at a number of locations. EPA is now developing a list of over 100 contaminants in water supplies which will soon have to be tested for and removed if found. In some cases these contaminants will be measured in parts per billion. Treatment or removal of these contaminants will be expensive for the water supplier. Because of this, it does not seem prudent to allow a parking lot in the watershed which could add certain contaminants to the existing load. The EIS does not address the contaminant load from the parking lot nor removal or treatment. The J.M. Montgomery report recommended that no further expansion of the ski facilities take place. The EIS needs to address all of the concerns identified by Montgomery and Earth Sciences Associates at that time. No reference is made in the EIS to these concerns. o ...) "'" ;;:~ Ski Ashland EIS - Page Three It is noted in Alternative V that additional study will be required to determine the adequacy of the existing spring to meet the expected demand. It would seem prudent to find out these answers before proceeding to this point., Alternative V also notes that additional studies will be needed to minimize disturbance to existing springs. It would seem reasonable not to allow any disturbance to the springs. We have received a number of calls concerning the lack of public hearings on the EIS and it would seem reasonable to request local public hearings on an item of such significance be held prior to any final decision by the Forest Service. We had hoped to have comments from our consultant concerning his review of the EIS as it relates to the watershed. Unfortunately he had to be away from the office for a period of time. We would like to include his comments at a later date. ~tmnrandum June 15, 1987 ijJ' 0: Brian L. Almquist Jff ro~: ~uhject: ., G~ Allen A. Alsing Ashland Airport Fixed Base Operator Lease Attached is a memo to the City Council from Bill Knowles, Chairman, Airport Commission, concerning the Airport commission's recommendation for lessee at the airport. I have added to his memo a copy of the Ashland Air, Inc. proposal, a sheet showing projected annual fees based on the three proposals received, and a sheet of estimated income to the City by each of the proposers based upon last year's airport activity. I would recommend that the Council accept the Commission's recommendation and authorize the Mayor and Recorder to execute a lease agreement with Ashland Air, Inc. ~ I , .! . JI1IIemorattdum June 15, 1987 . 'mo: City Council Jffro~: Bill Knowles, Chairman, Airport Commission ~uhjed: Ashland Airport Fixed Base Operator Lease The City received proposals from four individuals/corporations in answer to our request for proposals, as advertised in west coast newspapers and trade publications, for an FBO for the . Ashland Airport. One applicant was deemed unsatisfactory; the ~emaining applicants, Southern Oregon Skyways, Clifford Chaney, Jr. and Ashland Air, Inc. were interviewed by members of the Airport Commission. Only Commission members attending all interviews were allowed to vote; six members attended all interviews and voted on the applicants. A point system was utilized in the interviews to aid in the selection process with emphasis on creating increased financial return to the City from airport operations past experience, plans to run a successful FBO, future plans for expansion, airport services, etc. It is the unanimous recommendation of the Airport Commission that Ashland Air, Inc. become the next Fixed Base Operator at the Airport. ' A brief description of the individuals involved in Ashland Air, Inc. is as follows: Laura Smith - President Graduated fr.om SOSC as an accountant; married to a biologist with Oregon Game & Fisheries and presently completing construction of a home on Granite Street in Ashland. Works as an accountant in Medford. A private pilot, aircraft owner, Ms. Smith is presently chairperson of the Airport Commission in Grants Pass; active in sose activities; will be involved in ground school teaching and managing the financial side of the Corporation, active in "99's", past chairperson of the Medford Air Show. She and Jeremy Scott have been active in other joint airplane activities. . Memo to City Council Ashland Airport Fixed Base Operator Lease Page Two Jeremy Scott - Secretary Will act as full time manager of the FBO; he is a retired Army pilot and Colonel and has lived in Grants Pass for about 10 years. He owns one of the largest aviation memorabilia collections on the west coast and earns his living as a free-lance flight instructor (he is currently teaching 5 students) and charter pilot.. He owns 5 aircraft. Active in civil Air Patrol, Colonel in charge of Group Flying Safety, advisor to the "99's", promotes aviation through public school aviation activities. Past experience as an FBO in Minnesota, Vice President of the Oregon pilot's Association and present member of the Grants Pass Airport Commission. He plans to move to Ashland. Both of the above applicants exhibited a satisfactory knowledge of FBO activities and related subjects and they were selected by the Commission as the best choice of the three applicants. The Commission was hopeful that this recommendation would be submitted to the Council 60 days ago to allow an orderly transition, if found necessary, of FBO's. Because of a delay in the contract, we find ourselves approximately 60 days behind our schedule. It would not be in the best interest of the new FBO to delay the contract date (August 8) and resulting transition process, therefore, it is recommended by the Commission that we move ahead as expeditiously as possible in this matter. i, ,. _l' __=-_ ,V ,,\" . , ,f'"... .- REQUEST FOR PROPOSALS For a Fixed Base Operator Ashland, Oregon Municipal Airport The City of Ashland requests proposals for the,o~erati~n of a full service Fixed Base Operator at the AshlandMun~c~pal A~rport. The Airport is located on the northeast edge of the City. It has a 3400 foot long by 75 foot wide paved runway, paved taxiway, and paved tiedown area. - The airport is owned by the City of Ashland and is governed by the City council through the Airport Commission, and on a day-by-day basis through the Director of Public Works. The City leases a portion of the airport to a non-exclusive FBO who ",reimburses the City according to a negotiated lease and fee schedule which includes a base fee, fuel flowage fee, tiedown fees, and miscel- laneous fees. The unleased portions of the airport are maintained by the City. A copy of the draft lease, with final lease to be modified to fit particular circumstances, is included with this Request for Proposal. Also included is a copy of the Fixed Base Operator Standards for the Ashland Municipal Airport, which will become a part of the lease. The FBO Standards note required qualifications and minimum requirements and performance standards. PROPOSAL DUE MAY 9, 1987 p ~~'. , ..' , , ITEMS WHICH MUST BE CONSIDERED BY PROPOSER 1. Questionnaire Proposer shall submit a completed proposer's questionnaire with the proposal. Failure to submit a properly completed questionnaire with the proposal may result in rejection of the proposal. 2. Proposal Conference If one or.more proposals appears acceptable, the City of Ashland reserves the right to negotiate with any or all of the acceptable proposers after notifying each competing acceptable proposer that such negotiations will commence. i 3. Preproposal Interpretation of Contract Documents A. If any person who contemplates submitting a proposal for the operation finds discrepancies in or omissions from, or is in doubt as to the true meaning of any part of ,the lease docu- ments, that person may request clarification by contacting Mr. Allen A. Alsing, Director of Public Works, 20 E. Main St., Ashland, OR 97520, phone 503) 482-3211. B. Any verbal clarification or interpretation of the lease docu- ments will be accompanied by a written addendUm mailed or delivered to each person receiving a set of lease documents. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. 4. Execution of Proposal Form A. If the proposal is made by a partnership, the name of each partner shall be printed or typewritten and it shall be exe- cuted in the name of the partnership followed by the signature of an authorized partner. B. If the proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office he/she holds in the corporation. C. If the proposal is made by a joint venture" it shall be executed by each participant of the joint venture and shall be accompanied by a copy of the joint venture agreement. D. The address of the proposer shall be typed or printed on the proposal form. Part I - Page 1 f. " , 5. j '- \ Submission of Proposal Each proposal shall be sealed in a separate envelope, addressed to Brian L. Almquist, City Administrator, 20 E. Main St., Ashland, OR 97520 showing on the outside of the envelope the words "AIRPORT PROPOSAL". Proposals will be received until the hour of 1:00 P.M. local time, May 9, 1987. 6. Witndrawal of Proposal At any time prior to the hour and date set for the opening of proposals, a proposer may withdraw his proposal. Withdrawal will not preclude the submission of another proposal by such proposer prior to the hour and date set for the opening of the proposal. 7. Acceptance or Rejection of Proposal A. Acceptance will be made by letter of award. Proposers will be notified of the City's decision by letter. B. The City reserves the right in its sole discretion to reject any or all proposals. C. In selecting the best proposal, the City will take into consi- deration any and all information supplied by the proposer in the questionnaire and the City's investigation into the ex- perience and responsibility of the proposer. D. The City reserves the right to waive formalities in the submitted proposal. 8. Basis of Award The Agreement and Lease will be awarded on the basis of best propo- sal as determined by the Ashland City Council, who shall take into account the following: A. Results of current and prior dealings between the City and the proposer and results of the current and prior dealings between the proposer and other public and private agencies; B. The proposer's experience and reputation for satisfactory per- formance of commercial aeronautical activities of the type contemplated by the Fao Standards and the Lease; C. The proposer's reputation for judgment and integrity; D. The proposer's financial standing and resp6~sibility; E. The extent to which the proposal and proposer meet stated requirements and specifications; and F. The rent the proposer is willing to pay the City through a base fee, fuel flowage fees, tiedown fees, and miscellaneous fees. Part I - Page 2 J ..... '.' PART II PROPOSER QUESTIONNAIRE FOR FIXED BASE OPERATOR AGREEMENT ASHLAND MUNICIPAL AIRPORT Organized in Medford Oreqon under the laws of the state of Oreqon ,,', . Address to which all applicant's correspondence is to be mailed: 365 Granite. Ashland. OR 97520 Telephone No. 77q-~111 47(; - '64/"1: Date Application Prepared: May 3. 1987 Registered Agent and address for Service of Process in the State of Oregon: LaurA T. Smi t:h, lh~ ~rrlnir,::t. , nc::.n1;:Jnn. n" Q7~?n f Part II - Page 1 !- '.' PROPOSER QUESTIONNAIRE INSTRUCTIONS 'Introductory Statement The application and questionnaire forms which are bound herewith shall be used in determining the qualifications of pro~pective proposers. The proposer should use care and integrity in preparing this infor- mation. The City may make independent inquiries concerning the proposer's past performance and/or capabilities. Manner of Preparing and Filling in Forms All answers and other entries on forms, except signatures, should be typed or printed. To make this possible, the forms may be taken apart by removing the staples by which they are bound. It shall be the ". responsibility of the proposer to return all pages whether applicable or not. Failure to do so may be grounds for rejection. All answers and entries shall be specific and complete in detail. The qualification application shall be signed by the applicant and sworn to as the form indicates. The signatory of the .statement guarantees the truth and accuracy of all statements--and all answers to questions. Use of Attachments Schedules, reports and other forms of qualification statement maybe used as attachments to the prescribed form, provided that the infor- mation contained therein specifically includes the information required by this form. Part II - Page 2 . 'I'j, , j" , . . r' ,'. .:. 1. If an OREGON CORPORATION, answer this: When incorporated March' 31, 1987 Officers: Shares President Laura I. Smith 500 , 1st Vice President Secretary Jeremy D. Scott 500 Treasurer Officers authorized to execute contracts: Laura I. Smith and Jeremy D. Scott 2. If a PARTNERSHIP, answer this: Date of formation State whether partnership is general or limited: If a foreign partnership or persons engaging in 'business in this State under an assumed business name, but not domiciled within this State, state whether or not such partnership or business organiza- tion has been registered as may be required in compliance with Chapter 648, Oregon Revised Statutes. Date Registered in Oregon: . . . Name, address, and percentage interest of all partners: NAME ADDRESS PERCENTAGE '. Part II - Page 3 -:7'>-~.-_... ,;.l'.!!{' d, .. ..' . ..... . " . ~ 3. If ~ FOREIGN CORPORATION, answer this: When incorporated In what state Date of authorization to transact ~usiness in the State of Oregon: Date applicant filed with the Department of Revenue, forms required by ORS 279.021: Officers: Shares President 1st Vice President Secretary Treasurer Officers authorized to execute contracts: 4. Whether an Oregon corporation or a foreign corporation, state the name and address of all members of the Board of Directors and the number of shares of stock of the corporation held by each. Shares Chairman 500 Jeremy D. Scott 1203 NW Washington Blvd., Grants Pass, OR ;' Member Laura I. Smith 500 365 Granite, Ashland, OR 97520 Member Member '0 Part II - Page 4 -"""""rl" "J;"::;" t. . :.'t. .,. d. ., , ,. 5. If not a publicly held corporation (whether an Oregon corporation or a foreign corporation), provide name, address, and shares of stock held by principal stockholders other than those mentioned in Items 1, 3 and 4 above: r Name and Address Shares 6. Total capitalization $ Amount of capital stock 10,000.00 . , subscribed $ 10,000.00 ; Amount paid in $ 10,000.00 . 7. Experience What is the duration and extent of your experience in commercial aeronautical activities: Jeremy Scott: Obtained commercial license in late 1940's: manaqed a fixe~ base operation lincludinq ~rnp nll~t-inQ'l in Minnp.~nt-~ in ....hp p~rly lc}'iO'A. W"nt nn tn m; 1; tary fl ;,"ht tra;nin," /[J.~. Army) Ann fliqht- ~~rppr. ~pt-l1Tnpn t-n pr;v;:tt-p AP~t-nr in Pnrly lq70'~. flyinq ~~ oR r~pt-oRin for GlnhRl AiT';nA~_ rl ~omml1+PT ('!hrlT+PT npPl'".R...inn in t-:h~ Marshall Ts1ands.Cllrrp.ntly an active eFTI in the Rnglle Va11p.y. Laura Smith: Primarily eXgerienced in rnarketina and Dromotion of general aviation, through active participation in numerous flying organizations and through the airshow industry (past director of Medford Airshow and member International Council of Airshows) Part II - Page 5 8. Submit a list of other airports, if any, with whom you currently have agreements for conducting commercial aeronautical activities. specify the nature of each operation. " " ;{ , None, and none are intended. , 9. Give a brief summary of.how you propose to manage the operation. Ashland Air, Inc. was formed for the express purpose of providing a well-run, complete fixed base operation for the Ashland area, including maintenance, flight instruction, rentals, 'Hfueling:arid charter. Ashland Air, Inc. will additionally provide seaplane and taildragger operations not available elsewhere in state. The company will aqqressively pursue a tourist industry interface by marketinq competitive fuel prices and providinq tailormade scenic charters in bi-plane, seaplane or.sinqle-wing aircraft. Company personnel will also work actively with Southern Oregon State College to provide ground school instruction and any other needed support for student flying activities. Each principal belongs to several aviation organizations and will work to promote aviation at Ashland through and with those organizations. Part II - Page 6 . f " , . . , 10. References ~ Give names and addresses of at least two references as to financial ability and two references as to technical ability to carryon the operation. Reference letters may be submitted. 10.1 Financial References , corporation has none except capitalization. For cash asset references for principals: Jeremy Scott -- Jackson County Federal, Medford Laura Smith -- Shearson-Lehman, Medford (AI Schwab - broker) 10.2 Technical References For Jeremy Scott -- Clark Gathercoal. oiai. CA Ph 18051 646-8607 Norman Horton, 4582 Old Staqe Rd., Central poir For Laura Smith -- John Snider, Jr., Pepsi, 2727 Ave. G, White City Val Bubb, C.P.A.. 825 E. Jack~on. M~dford, 97504 " 11. How many,years has applicant been in business under present name? None 12. What is the experience of the principal individuals in applicant'S organization? Individual's Present position Years Magnitude and In What Name or office of Ex. ~ 2t. Work Capacity Jeremy Scott Secretary 30 Comm'llMilitary Manaqement Aviation Laura Smith Pr~"id~nt 1 0 Puh] ic/privat~ Staff and accounting management Part II - Page 7 . , . .... '. ~I " ~ ~:. ., . '). I '. ' '~ . What is the experience of the principal individuals in applicant's organization? (Continued from previous page) Individual's Name Present Position ~ off ice Magnitude and ~ of Work In What Capacity Years of Ex. ;. ' 13. Following space may be used for general remarks and explanations to the foregoing qualification statements. (Also explain here any. experience claimed which is that of a business organization or entity, other than the applicant, including a business entity superseded by the applicant.) The business and accountinq backqround of Laura Smith provides Ashland Air. Inc. with a sound technical base from which to beqin a financially sound and well-planned operation. That backqround. coupled with the aviation expertise arid experience of Jeremy Scott. will provide Ashland Air, Inc. with a ' manaqement team far more broadly skilled than most available in qeneral aviation. . (Add extra sheet if necessary) 14. Applicant's Business Affiliations: List any organization, owned or controlled by the applicant, or in which the applicant was or is an officer, director, or partner, doing business in Oregon under another name. . None Part II - Page 8 .~5. Applicant's Proposal for Fees: a) proposed Base Fee per Month [preference $500.00. $ 750.00 (Minimum $750.00 per month) August '87-April '88] b) Proposed Fuel Flowage Fee per Gallon $ .05/aal (Minimum $0.05 per gallon) c) Proposed Tiedown Fee per Month 80 % . (Minimum 80% of gross tiedown fee) d) Proposed Freight Handlers Fee per Month 80 % (Minimum 80% of gross freight handlers fee) e) Proposed MOGAS License Fee per Month 80 % (Minimum 80% gross MOGAS license fee) f) Proposed Fee Above $250,000 Gross in anyone 1 % calendar year. (Minimum 1% on gross above $250,000 in anyone calendar year.) ,,16. AFFIDAVIT: STATE OF OREGON ss. County of Jackson I, Jeremv D. Scott , being first duly sworn, state that I am Secretary of the applicant herein and that the statements made in this application are true; that should there be any subsequent material reduction in applicant's ability to carry out any provisions of the Fixed Base Operator Agreement, appli- cant will give"written notice of such change to the designated officer to whom this application is submitted prior to the proposal opening; and that it is understood that such notice may affect the eligibility of applicant to obtain an award. eA-. Subscribed and SWOrn to before me this 1987. .-- ' ':'. (Title) 4th day of May , f .... '-'l '::;:- gon : ftz,!:z 1Jr "".: . ,"" ,-- ", :.",. ,", , No My Part II - Page 9 .\,\', ..-,...... .... ..-.....('l. ,'- ~ ........ ..~ .' . . Ashland is a residentisl community located in southwest Oregon, 17 miles north of the Cslifornia' border and 90 miles east of the Pacific Ocean. It lies adjacent to Interstate 5, the main nor~h-aoutb freeway route t~rough Oregon, and is a gateway to the Rogue Baaln. The City enjoys a 'thriving tourist trade, especially during the summer montbs, encouraged by nearby lakes, streams, and forests. Aabland is home for the renowned Oregon Shakespearean Festival which performs for more. than a quarter - million visitors each year and is also tbe site of Southern Oregon State College. Tbe major signifiCBDt industries in the region' are wood products and agriculture, altbough botb are declining in importsnce as a result of cbanges in the nature of the induatries themse 1 ves. GeoEraDhv Ashland is in the. upper Bear Creek Valley, bound.on the nortbeast by the low footbills of the Cascade Range, on tbe southwest by tbe more sharply sloped Siskiyou Range, and on the south by the junction of tbe two ranges. The airport is located on the east side of the Interstate) freeway at an elevation of 1883' mean sea level (r';SL). The. topography in the airport vicinity is characterized by sloping valley lands aurrounded by rising mountainous terrain. . Surface TransDortation The Interstate 5 freeway passes through Ashland in a north-south direction. Highway 66 terminates at Ashland and continues eaat toward Klamsth Falls. Although the mountainous terrain .surrounding the Ashland area forms a natural barrier, highway and freeway access to tbe community is good. Airport aeees s is via city streets or 1-5 to Highway 66. Dead Indian Road provides access from the highway system to tbe airport entrance. Railroad freight service through Ashland is provided by Southern Paci- fic, routed along the east edge of the. downtown area and west of 1-5. Greyhound and other bus lines.haye seversl daily schedules passing through the Cit}. MeteoroloEical Conditions The Ashland area has a climate characterized by warm dry aummera and cool moist winters. Minimum and maximum temperature range from 340F _ 730F in the spring to 240F - 58 OF in the winter. The mean maximum temperature of tbe bot test month is 850F. Average annual precipitation is 19.98 inches. Although wind data is not available for the Ashland area, an analysis. was Clade using Weatber Bureau information from the Hedford Airport, approximately 17 miles northwest of Ashland. The records from July 1956 to December 1961 indicate that wind coverage in the ,direc_~io~t.J.~e_.h' Ashland runway alignment is approximately 99.5 percent (15 mile per hour crosswind basis). Calm winda are reported to Occur 45 percent of the time. Part III - Page 1 <0 rf~~~:!~~~ ~::; .:':;.,~'< ~;:';:':;(f~:\5~~~~~~;t;~~>~~/." ;<tS.i{~:n>;'~-..:;i":';:'J:> .,c';:..,!, ; : ;~:';;'+~~~{:;')\ly,'~~;3.~';:;,;~;:'~;}e<':", . .J' .. ~,~.":,,.,.;;.,~, '-~~-:::, ~ il'~: :. . . ~. i I. c.ji :1' ".J,'!. ASHLAND MUNICIPAL AIRPORT Pavement , Runway - 12/30, 3400' x 75' with an additional 200' displaced threshold - newly resurfaced. Taxiway - parallel, full length, 30', paved Apron -.paved, space for 63 tiedowns Taxiway to T-hangars to be paved 1987.with an AlP grant. Auto Parking - 33 spaces, paved. " , Access Road - 28' wide, paved. Lighting Runway 12/30 - low intensity lighting. Visual Approach Slope Indicator - 2 box system, RW 12 and RW 30. Auto Parking - street lights along entrance Ramp and Administration area - adequate area lighting. Facilities Segmented Circle/Wind Tee,- 75' circle with lighted wind tee Fuel Island/Building - 7' x 7' brick/wood Fuel Tanks - Three 2,000 gals./one 12;000 gal. Terminal Building - 30' x 30' brick construction Tee Hangars - two - 10 unit buildings - not owned by City of Ashland - possibly available from owner. Shop Building/Hangar - 60' x 100' metal building - not owned by City of Ashland - possibly available from owner. Part III - Page 2 ~""""'ll;'-. ;J.{~':t .'. - \ .!~.. I:! r;t :I';J ," ..i" . .!, ,".'1, ') " .,." ""'-. , .' " PART III Airport Statistics - 1986 . Part III - Page 3 f ;1 . . .:l\.tt';~l':: ~"t~" :r:.,~ " <V { ,,11, j. . 1" i .. ,. .1 ~.'" N . I-< ..., 00 1Il 0 0 00 . . C 0 0 tiP r--.... III O'P dP dP \O..:t .<:: 0 Lil 0 0 0 .... Mr-- l! Lil 0 CO CO CO - . r- NM 't1 ... 0 .-h-l 1-1 <J)-<J>. 0 ~ ~ oM .... l! ,"'.1.-.. - l., III 00 00 N.... Lll'" 0 \D '" '" 0 dP dP dP +J 0 0 0 0 "'''' 1-1 0 Lil Lil CO <J)-<J>. 0 ... Po 1-1 0 :>< oM en i o<t ..-l III Po 1Il en oM .><:r- U 'M CO ~ 'M ....- o<t C U . en ::l C 't101 0 :;: H ..-l::l Ao ::lo<t 0 't1 1-1 0 p:; C 'M ~ 0 00 Ao III o<t 'Eco 00 ..-l ......co . . .<:: 't1 00- r--..-l III C Eo 1-1 "'.... o<t III ......Po Lil l"I r- ..-l .ooo<t 0 - - .<:: LilLil dP i dP <1>0 Nl"I III r-LilO 0 0 0 0 dP ..-l..-l o<t ......+J ... CO CO CO ..-l ... ... ~ I-< >t 0 1Il +J 'M Q) 'M I-< ..-l ~ > Po 0 III .... I-< 0 01 III +J IllC ..... dP dP I-< dP dP U Q)O 0 Lil 0 0 Q) 0 Q) .... III >tPo Lil 0 CO CO ..-l CO Q) 0 ::l ~ r- 't1 ~ 0 \D .j.I .... ... ... Q) C 0 CO Ul't1 Q) III 1Il - '" I-<Q) ~ .<:: Ul '0 .-< .... Ul .<:: C I-<Lil 'Will III +JC 1Il +J Q) IllN C .Cl 1Il C~ Q) .<:: U Q)", 0 I-< 1Il ..<::~ 00 r.. 01 'M 0 >t 0 - r.. +J'<:: C :;:'t1 'M Q) ..-l 0 Q)~ 't1 'Wr- C+J Q) 0 Q) III Q) Q) 01-<> . Q) CO 1-1 o C Q) ..-l I-<'M I-< I-< r.. ~ -Ill 0 I-< III dP I III 0 :;:0 r.. ..-l Q)+J Q) ~ O't1{l1ll III OOC --.-- +> ~ E III Po ..-l 1Il tll Lild Q) .Cl ....NO d 1-1 1Il 01 (1)'- 'g III III ~ -N 1Il :>0" - I'M 1Il .... 1Il1-1 01 1Il1ll III C .....-l III ~Lil~ E III PoQ) III 1-1 Q)O III 0 1Il III III I-< 1Il 1Il III Po ~ 1Il r..1-I :I: 1-1 U III Q)U 0 III [5 't1Ul 1-1 0 Q) Po 01 01 'M III > I-<'t1 't1Q)1-I 'M Q)O ..-l C +J ~ 0 OQ)01C U III Q)>1Il ::l 0 r..0 r.. Lil ~~ .<:: ~ I-< ~C Q) C I-< (l'M> 1-1 . 0 00 01 0 en 01 Od..-l H III ::lQ)C Ao Q)O ..-l 't1 'M o<t o III Q) 't1(l0 UlLil Q) 0 Q)dP Q) <1>0 tll dP Q):>O U :>0 :>< Q)Q)(l III Illr- ::l ... 'MO I-< 0 0 0 Q)CdP ..-l 1-11-< Ill... r..C E-<co r.. CO :;: CO r..1ll'-<Q) I-< 1-l+J 1Il +J +J 0 ..c: . ..c: C III IllC Ul..-l C 'M C al3 't1..-l3 al3 't1+J3 't1+J3 't1C3O QI Q)Q) Q) III 0 l! III Q)..-l Q)C Q)C Q).... >< ><& Q)Ul..c: U IIlE Ullll E UlE III 0 E III 0 ~ Ul E>t ~OPo 'M O'M o 01.... 0....' 0:;:.... 0:;:. o UloM C '0 +JQ) PoQ) ..-l PoC Po C Po C! Po C Po C PoUlCIll Q) IIlUl ..-l0..-l O'M o I-< OM OOM o l-loM o I-<'M o O'M +J !;:-;l ..-ll-<Q) 1-<:;: I-IQ):;: 1-<:;: I-IQ):;: I-<Q):;: 1-<.1-1:;: C III o<tAo+J o<t Ao- Ao Po- Ao- Ao Po- Ao Po- Aotll-'M a r..en .... +J III ..-IN III .0 .U 't1 Q) ~ C:<l ,.4 )' '0 .10' RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND ACCEPTING JURISDICTION OVER CERTAIN COUNTY ROADS WITHIN THE CITY. ", WHEREAS, Jackson County, Oregon, has, following pUblic hearing pursuant to statute, offered to the City of Ashland to surrender jurisdiction over the following County roads situated within the City of Ashland: ASHLAND MINE ROAD (Fox St. to North Main St.) BARBARA STREET (Tolman Road to Jaqueline St.) DIANE STREET (Toiman Road to Jaqueline St.) EAST MAIN STREE~ (Lithia Way to California St.) GRANITE STREET (North Main St. to 300 ft. South of Marklyn Dr.) HILLVIEW DRIVE (Siskiyou Blvd. to Peachey Road) IOWA STREET (Mountain Avenue to Wightman St.) MARY JANE AVENUE (Siskiyou Blvd. to Southerly intersection of Mohawk St..) NORTH MAIN STREET (Ashland Mine Road to 100 ft. East) OAK STREET (East Main St. to 200 ft. North of Nevada St.) WIGHTMAN STREET (Siskiyou Blvd. to Quincy St.) WIGHTMAN STREET (Quincy St. to East Main St.) JAQUELINE STREET (130 ft. North of Diane St. to 100 ft. South of Barbara St.) E. MAIN STREET (California St. to 700 ft. East of Walker Ave.); and WHEREAS, Jackson County, Oregon, has delivered to the City of Ashland the appropriate conveyances conveying to the said City the real property comprising the former Ashland District Maintenance Yard of Jackson County, together with building materials situated thereon; and WHEREAS, it is in the mutual interest of the City of Ashland and of Jackson County that the said properties, and jurisdiction of the said County roads, be transferred. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland, as follows: SECTION 1. City of Ashland, Oregon, hereby accepts title to the said property and accepts the surrender of jurisdiction to the City of the above-described County roads. SECTION 2. A certified copy of this Resolution be forwarded to the Board of Commissioners of Jackson County, Oregon. 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 , 1987. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1987. L. Gordon Medaris Mayor ,~ RESOLUTION NO. 87- A RESOLUTION OF INTENTION TO PROVIDE FOR THE INSTAL- LATION OF CURBS, GUTTERS AND ASPHALTIC PAVING ON HERSEY STREET BETWEEN WATER AND OAK STREETS THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: SECTION 1. That it is the intention of the Council to cause curbs, gutters, and asphaltic paving to be constructed by contract on Hersey Street between Water and Oak Streets . Such improvements wi~l be in accordance with costs estimated at$25.00 per front foot of benefited property, 100% of which will be paid by special assessments. SECTION 2. That the Council will meet in the Council Chambers, Ashland Civic Center, ll75 E. Main Street on the 7th day of July ,1987 at 7:30 P.M., at which time and place the owners of said adjacent benefited property are hereby called upon to appear before said Council or to submit written comments, and show cause, if any, why said improvement should not be constructed, and why said property should not be assessed for .the construction thereof. SECTION 3. That warrants for the interim financing of the afore- mentioned improvement shall bear interest at the prevailing rates, and shall constitute general obligations on the City of Ashland, and shall be issued pursuant to and on the terms and conditions set forth in ORS 287..502 to 287.510 inclusive. SECTION 4. The City Recorder is hereby directed to serve notice hereof upon the property owners aforesaid by publishing a notice of public hearing once in the Daily Tidings, not less than ten (10) days prior to the hearing, and by mailing copies of the notice by registered or certified mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form set forth in Exhibit "A" attached hereto and made a part hereof. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City council of the City of Ashland on the 16th day of JUne, 1987. Nan E. Franklin City Recorder SIGNED and APPROVED this day of June, 1987. L. Gordon Medaris Mayor Jil' .'. EXHIBIT "An NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland will meet on the 7th day of July, 1987 at 7:30 P.M. in the Council Chambers, 1i75 E. Main Street, to. hold a public hearing to consider the formation of a Local Improvement District as follows: Nature of Improvement: Construction of curb, gutter and paving. Benefited Property: Properties abutting both sides of Hersey Street from Water to Oak Streets. Estimated Cost: Total maximum cost of the improvement is $25.00 per front foot of benefited property, lOO% of which will be paid by special assessments. Additional Information: Preliminary project design information and detailed estimates of project costs are available during business hours at the office of the Engineering Division, 27 1/2 N. Main Street (above the Dahlia Restaurant). NOTICE IS FURTHER GIVEN that all affected property owners are hereby called upon to appear at the hearing, or to submit written comments prior to or at the hearing, as to why the aforementioned improvements should not be constructed, or why the benefited properties should not be assessed for the construction thereof in the manner proposed herein. By Order of the City Council Nan E. Franklin City Recorder/Treasurer PUBLISH: Daily Tidings June 25, 1987 ~-_.. .- June 4, 1987 ,," To: Brian L. Almquist, City Administrator From: ~Robert D. Nelson, Director of Finance Subject: REQUEST FOR INTERFUND LOAN In projecting the Street Department's cash flow needs, it was noted that most of that depar~ment's resurfacing and chip sealing programs need to be completed by late summer or early falL This is due to the favorable weather expected during these months. Conversely, many of that fund's cash revenues, such as franchise taxes, do not arrive until late in the fiscal year. As a result, an interfund loan is needed, as indicated in the following proposed Resolution: ********************************************************************** RESOLUTION NO. 87- A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE STREET FUND WHEREAS, due to circumstances outlined above, an interfund loan to the Street Fund is necessary: NOW, THEREFORE, BE IT RESOLVED, that pursuant to ORS 294.460 an interfund loan not exceeding $130,000 from the Equipment Depre- ciation,portion of the Capital Improvement Fund to the Street Fund is hereby authorized; and BE IT FURTHER RESOLVED, that said loan shall bear interest at the rate of 6.25% and shall be repaid not later than June 30, 1988. The meeting day of foregoing Resolution was READ and DULY ADOPTED at of the City Council of the City of Ashland on the , 1987. a regular Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1987. L. Gordon Medaris Mayor \'" L-~1, .." '. 6 ASHLAND PLANNING COMMISSION MINUTES May 13, 1987 CALL TO ORDER The meeting was called to order at.7:35 p.m. by Chairman Stout. Commissioners in attendance were Benson, Bernard, Kennedy, Bridges, Shoberg and Thompson. Staff members included Jannusch, Fregonese, McLaughlin and Honts. APPROVAL OF MINUTES The minutes for March ll, April 8, and April 29, 1987 were approved. TYPE III PUBLIC HEARINGS PLANNING ACTION 87-065 PUBLIC HEARING TO REVIEW A PROPOSED RESOLUTION TO AMEND SECTION l8.l00 VARIANCES OF THE ASHLAND LAND USE ORDINANCE. APPLICANT: CITY OF ASHLAND STAFF REPORT Fregonese stated that the three changes in the variance procedure primarily clarify, through more concise language, when'variance requests should be approved. They also allow variance requests to be reviewed in a more uniform manner by clarifying some areas which were somewhat discretionary in the original ordinance. COMMISSIONERS DISCUSSION AND MOTION Shoberg moved t.qaccept this planning action. Benson seconded the motion. The motion was carried unanimously. PLANNING ACTION 87-066 PUBLIC HEARING TO REVIEW A PROPOSED RESOLUTION TO AMEND SECTION 18.72 SITE REVIEWS, OF THE ASHLAND LAND USE ORDINANCE. APPLICANT: CITY OF ASHLAND STAFF REPORT The modification is a housekeeping measure, but does clarify the true intent of the section relating to requiring access from developments to city streets. The revision will clarify the requirement that the development must have access to an improved city street, and if the street is not already improved, it will need to be for the approval of the development. COMMISSIONERS DISCUSSION AND MOTION Benson questioned whether this included development on an. alley. Benson felt the policy should include having alleys improved but . .. . there were instances where residents are not required to improve, but to at least provide access. shoberg said included in the definition of street is alley. It was moved and seconded to approve the planning action. The vote was unanimous. PLANNING ACTION 87-068 PUBLIC HEARING TO REVIEW A PROPOSED RESOLUTION TO AMEND SECTION 18.20 R-l SINGLE FAMILY RESIDENTIAL DISTRICT, OF THE ASHLAND LAND USE ORDINANCE CONCERNING MAXIMUM LOT DEPTH. APPLICANT: CITY OF ASHLAND STAFF REPORT Fregonese said this amendment will allow the minor partitioning of long, narrow, "rifle range" lots without a variance request. Most of the long lots were created well before the zoning ordinance was adopted, and many times the only way a minor land partition can be accomplished on them is through the creation of one or more lots _,exceeding the current l50 foot lot depth limit. The modification, however, does not apply to major land partitions, including subdivisions and planned unit developments. These types of partitions will have to comply with l50 foot lot depth requirement, or request a variance. COMMISSIONERS DISCUSSION AND MOTION Benson moved to approve the planning action. It was seconded and the motion was carried. TYPE II PLANNING ACTIONS PLANNING ACTION 87-050 TRANSFER OF OWNERSHIP OF TRAVELER'S ACCOMMODATION . 325 N. MAIN STREET APPLICANT: KA~HLEEN SMITH STAFF REPORT Fregonese reported that there had been no problems with the existing traveler's accommodation subject to the conditions of the initial review in 1985 and stated that Staff recommended approval subject to the conditions of approval from the original review in 1980. Jannusch explained that a traveler's accommodation has to be owner occupied and Kathleen Smith is the applicant and Kathleen Niskanen is the property owner. . Fregonese suggested that a copy of the lease be put in the file so the Planning Commission will know that Kathleen Smith is not being employed as a maid or caretaker. Jannusch showed slides of the property. COMMISSIONERS DISCUSSION AND APPROVAL Stout was in favor of requiring an executed copy of the lease and have Staff review it and if any questions have Ron Salter review it to make sure it is legal. Fregonese said the lease should state clearly that the dwelling is being leased free and clear and that Smith is not a manager. Benson moved to approve the Planning Action with the condition that an executed copy of the lease be submitted to Staff and approved by the City Attorney. Shoberg seconded and the motion was carried unanimously. PLANNING ACTION 87-056 CONDITIONAL USE PERMIT 965 SISKIYOU BOULEVARD APPLICANT: RICHARD KELLEY STAFF REPORT Jannusch reported that the applicant is planning to change this site (northeast corner of Mountain and Siskiyou> from a duplex into a dental office. The existing structure will be retained, along with the garage. The storage shed on the site will be ',removed and parking provided. Staff's concerns have been with the driveway access. The Ordinance requires a driveway access be lOa' from an arterial intersection. The applicant has asked to retain the old driveway for personal use which is 60 to 70 feet from the intersection. The applicant will also install a new curb cut for use by his patrons. There is a landscaping buffer on Mountain Avenue and along the north and east. It will take a good deal of grooming of the street trees that exist on Siskiyou Blvd. to get them in shape. Staff was supportive of the application and the Historic Commission recommended approval as well. Benson' questioned whether the pavement will connect both driveways and Fregonese stated that it would be optional as grass pavers could be used or it could be connected. Fregonese also said what is required by law is to move the driveway down the street and added that this particular intersection is one of the busiest in town with poor vision clearance. Jannusch showed'slides of the property and also anticipated that a sign would be needed for the dental office. PUBLIC HEARING RICHARD KELLEY, l06l Emigrant Creek Road, requested a Variance stating that he would have asked before but was unaware that he needed one in order to leave the existing curb cut. He has been practicing dentistry on the other corner of Mountain Avenue and Iowa for the past ten years and so felt he had a feel for what traffic on Mountain Avenue was like. He would be in favor of two driveways but does not want to cut off his original driveway. He plans to use the garage for his own personal use. He plans to have four patron parking spaces and thought a U-shaped driveway could work. He is in favor of maximizing the landscaping but thinks that the southern fence is a visual clearance problem. Primarily, he would like to. leave the present driveway as is and do all of the other things that are in the Conditional Use Permit. Kelley said that he is not obligated to purchase this piece of property but that if he does not, it will remain a rental with , people backing out of the unchanged driveway. Kelley showed photos and slides. JOHN ROWAN, 290 S. Mountain Avenue, a homeowner to the north of the property found it interesting that none of the discussion centered around changing the R-2 zoning to Conditional Use. He has owned his property for ten years and his major concern is that the second driveway that is being.discussed is going to ruin a cedar tree on his property. Also he was concerned about noise and visual problems and was hoping .there would be a barrier such as a fence. Jannusch explained that there would be an eight foot landscaping buffer between his property and the' parking lot. COMMISSIONERS DISCUSSION AND MOTION Several ideas were discussed in order to assist Mr. Kelley in working out a parking plan that would be suitable to his needs. Fregonese suggested that Kelley install a low gate on the front of "the driveway or some type of visual barrier such as landscaping that would discourage patrons from pulling into or out of the driveway closest to Siskiyou Boulevard. Benson suggested allowing Kelley to do away with the ten foot landscaping for the setback to allow him room to get into his garage. Jannusch said the hedge could be removed to allow room for backing in. After considerable discussion on different ways of trying to make this plan work forMr . Kelley, Fregonese pointed out that the Commission needed to look at the whole picture. This driveway situation might work for Mr. Kelley but what happens- if the property changes owners. The new owners might abuse' the driveway situation. There was discussion concerning a fence versus a photinia hedge with Commissioners concurring that a photinia hedge would be more attractive in. the long run. When Mr. Rowan was asked which he would prefer, he stated he would prefer a fence because he felt it would be a gpod sound barrier and there would be no overgrow~hwith a fence. . Benson moved to approve this Planning Action with the attached conditions and that the existing curb cut be returned to sidewalk with a new curb cut put in at the north end of the parking lot. In addition, he moved that the north property line be fenced with a sight obscuring fence at a height of six and one half feet and directed Staff to work with the applicant as far as designing the access to the garage and that the Planning Commission will not require ten feet , but three, in landscaping. The motion was seconded. The Planning Action was approved. PLANNING ACTION 87-055 CONDITIONAL USE PERMIT 70 COOLIDGE STREET APPLICANT: PAMELA AND JACK EVANS STAFF REPORT Fregonese reported that this is a traveler's accommodation and that the site will accommodate four units. The square footage of ., , the house and lot are adequate and Staff has recommended approval with the exception that the owners adjust the non-conforming parking stalls (and Conditions 2 and 3 in Staff Report). He also stated that Evans was. in agreement with the revisions. There is adequate space to the right of the existing garage for an extra parking space. Jannusch showed slides. PUBLIC HEARING JACK EVANS, 70 Coolidge, stated that the total traffic input will be the same as it has been in the past because they only plan to be open for four months instead of eight. They'do not want their traveler's accommodation to have a commercial look. COMMISSIONERS DISCUSSION AND MOTION Stout could foresee no problems with this request and it was moved and seconded to approve the Planning Action with the' attached conditions. The vote was unanimous. PLANNING ACTION 87-026 PLANNED UNIT DEVELOPMENT (RE-NOTICE) 75 WIMER STREET APPLICANT: DON GREENE STAFF REPORT Fregonese explained this was before the Planning Commission again because of a Staff mistake in noticing the property owners. A mistake was made on the tax lots and the wrong people were noticed. The three major complaints by the neighbors were: (1) the height of the buildings (they are 27 feet at the peak with the average being 22 feet); (2) setbacks - that it meets the Solar Access Ordinance and it maintaips minimum setbacks around the perimeter and setbacks between the buildings - the minimum width required is three feet and eight feet is what is being planned; (3) parking will be l.75 spaces per unit provided in the garage and driveway behind the garage. As before, Staff recommended approval. The Historic Commission.recommended approval. PUBLIC HEARING EMMETT WHITHAM, lOa Nursery Street, is a neighbor on the west side of this proposed development. He calculated that there was no parking in front of the units and that across the street on the north side, there is space for three or four cars,but added that the apartment occupants on the other side of the street are using up these spaces. He also pointed out that when there are two cars parked in a driveway, there is usually shuttling back and forth between cars. He interpreted the setback code that there should be 12 feet between buildings. Whitham said he does not want a six and half-foot fence between his property and the proposed duplexes. He wants a shorter fence on the property line. He was also upset at the error in not being notified the first time around. ; NORMAN GIESE, 111 Nursery, stated that parking was a concern to all of the neighbors. It is a quiet neighborhood now and they are concerned about the extra traffic. He also explained his position regarding the setback code (18.24.40), that the distance should be no less than 12 feet between buildings. RICK LANDT, 487 Rock, thought thi~ seemed like a reasonable Planned Unit Development, however, their neighborhood is quiet, with well-kept, historic, single family homes on the other three corners. He thought it would be better if this area had a different zoning designation and that the multi-family change in the neighborhood is negative, especially in the years to come. DON GREENE, 375 Normal, stated that he has tried to meet the site design guidelines. He agreed that it is a .nice neighborhood and that he tried to put in something compatible and well under the density allowed. He has spoken to Emmett Whitham regarding a fence and that a four foot fence would be good for both parties. He also stated that there would be room for'two compact cars in front of the property. Greene said the units would be rented for approximately $500 - $550 per month. COMMISSIONERS DISCUSSION AND MOTION Benson was concerned that a condition should be added that the garages be left open for parking, not storage. Stout said the parking and setbacks were his main concern. Greene said there would be fences throughout and that the old house that was on the property (dated 1905) would be restored and remain on the site. At this point, Stout pointed out that the Comprehensive Plan was to be revised at the end of the summer and he encouraged people to show up for the hearings on the Comprehensive Plan so that they could have a say in how their n~ighborhoods were zoned. Thompson wanted to explore the parking on the street and wondered if the configuration of the units were changed, would there be more on- street parking. Greene said he tried every way possible and this was the best plan and that if the units were switched around, not that much parking would be gained. Shoberg moved to1approve with the condition that there be garage door openers added to condition nine and that garages are required off-street parking and must be made available for parking of operable passenger vehicles of the residents. The motion was seconded and approved unanimously. PLANNING ACTION 87-051 SITE REVIEW FOR SUPPORTING STRUCTURE ATOP BLDG. SIXTH AND EAST MAIN APPLICANT: PACIFIC NORTHWEST BELL STAFF REPORT Fregonese stated that the City permits the use of this type of structure. If the Planning Commission denies the site plan, the courts would look at the intent of the ordinance. Fregonese read seven letters into the record at this time. It was recommended by : " the Historic commission to deny this application. PUBLIC HEARING CHUCK BEST, 421 S. W. Oak, Portland, Oregon, a representative from Pacific Northwest Bell explained that there was a need to construct a microwave station because this area is already operating at 98.7 percent of capacity for long distance calls in the south central valley and in a year that percentage will go up. This digital microwave station will add capacity. He went on to say that the Klamath Basin has no microwave and that they need to link up to it. PNB agreed to lower the height of the structure even though they were not required to and also agreed to screen the project. PNB could not justify spending the extra money it would take to put fiber optics between' the transmitting points. PNB, the City Attorney and Staff do not agree as to what is required. PNB does not feel they are subject to Site Review Guidelines. PNB's proposal is for 15 foot, 3 inch mono pole and a 6 foot dish. Best showed posters of what the screen would look "like atop the building. PNB had used sky blue because they felt it was an inconspicuous color. Best showed a video tape of satellite dishes that PNB felt were comparable to the one they are proposing. This video was entered into the record. Best went on to say that PNB has no alternative but to put up this antenna and cannot ask the citizens of Oregon to bear the burden of the $556,000 it would cost them to do the next cheapest alternative. He expressed a desire not to alienate the neighbors ~n this area but said some things in the Historic District are unsightly and worse than what PNB proposes. He felt diminished property values were not a concern. DAVID WAND, radio operator answered Stout's question about covering the screen with some sort of vegetative cover in saying that only three sides could be sovered with vegetation. WARREN GOINES, 123 Sixth Street, representative for the Ad Hoc Citizens Committee read from the franchise granted to PNB to operate facilities in Ashland. He interpreted from this that there would be nothing in this franchise that would exclude PNB from complying with site use requirements. The committee feels that the Commission has discretion to deny this application on the basis that it does not comply with the site use guidelines. Goines further stated that his group does not think that Ashland would remain in the "stone age" if this antenna were not erected and that it is not in Ashland's best interest to go ahead with this project. He stated that 632 people signed the petition, 432 of which lived in .the Historic District, opposing the erecting of the proposed antenna. He requested that this petition be entered into the record. At this point, Stout requested that all of the March proceedings be entered into the record. DAVID FEINSTEIN, 777 East Main Street, was in hopes that the planning commission will be tough and use their strength with PNB. ~ ~ He said the health issues should be a consideration as the research is not all in. Some people feel nausea and headaches from being in a microwave area and the Feinstein's house is in an unprotected area. ZELPHA HUTTON, 65 Sixth Street, showed pictures of the dish and screen from different angles in the neighborhood and Medford's PNB building. She said PNB took the dish down before photographing the screen. She pointed out that the other things atop PNB's building had been added since the last Planning Commission meeting. She said PNB was refused this antenna nine years ago. She is afraid that Ashland's building will soon'look like Medford's building. TESS THOMAS, 692 B Street, questioned City Attorney's reasoning and the credentials of PNB representatives. Her major concern was the health hazard of the antenna. "ERIC SETTERBERG, 155 sixth Street, explained that he moved to the area because of the character of the neighborhood. It's been his goal to improve the area and the City has advocated these types of neighborhoods. He is opposed to the application to erect structures in any form. RITA WOODS, 775 East Main Street, stated that the comparisons in the video sho~n by PNB were not completely accurate. ~he Cedarwood Inn is not in the Historic District and the satellite dishes shown were not like the one PNB is proposing. JILL GILBERT, 78 Sixth Street, said her worry was that this PNB building would be like Medford eventually. Commissioner Bridges interjected that citizens need to be at the meetings where the City Ordinance is looked at. STEVE BATTAGLI~('774 C Street, said that the Historic Commission wants the buildings to be compatible with the neighborhood and would like to see this proposed antenna and structure fit in with the neighborhood. COMMISSIONERS DISCUSSION AND MOTION Fregonese stated that normally this type of application would be handled as a Staff Permit and a notice would not be needed, but he felt it should be noticed. Benson suggested that a tube-shaped structure could be built around the dish and would look better than the square screen that was now being proposed. He also felt that the health issue is an important concern. What is the balance -- public interest for better communications vs. cumulative health affects. Benson felt that this proposed structure did not fit into the area. Shoberg reiterated that the Planning Commission can make a recommendation to the City Council to change the Ordinance. Shoberg moved to approve but to eliminate a screen but to landscape on the north and south corners and along the alley for screening and for PNB to follow Staff's recommendation. The motion carried with one dissenting vote. r ,. 1'F~~ ""7- CJi (? ...-,.,...,,"'~W"" " :.\ '~--~ ",(,:::0:::::: was adjourned at 11:30 p.m. ~~tr;';::_ :~ ~ ~ " ", ~.;' " . ~~,-~'''-'''.t-.i."-,'J>'1.:,;1'j: i~"-",,, .",...tii~ .;.c..". ~,i':~1:i~~k_:~ ...~~,;"'"'.\ ,'" ;df~",:-,;,.;...:..,. .~.;'';''::" '.!.h, .. .)I:-''''i ~'~~ ~., ASHLAND PLANNING COMMISSION MINUTES , ! May 14, 1987 CALL TO ORDER The meeting was called Benson. Commissioners Bridges, winthrop and Fregonese, and Honts. to order at 8:15 p.m. by Chairman Pro Tern. in attendance were Bernard, Kennedy, Shoberg. Staff members included Jannusch, PLANNING ACTION 87-027 SITE REVIEW 2225 SISKIYOU BLVD. APPLICANT: CLOSE CONSTRUCTION STAFF REPORT Fregonese explained that Staff was able to track the history of the zoning. It is now zoned R-2. Prior to 1982, the property was zoned R-3 in the front half and R-l in the rear. Fregonese referred to a letter from Violet Harnden (owner of 2225 Siskiyou Blvd.) in April of 1982 requesting the entire piece of property be zoned R-3. The Planning Commission reviewed this general zone change which affected large areas of the City in May of 1982. In the minutes from the May 1982 Planning Commission meeting there was discussion about blending the R-l zoning and R-) zoning into R-2 zoning as a compromise. In June, 1982, the Commission adopted the revised zoning map and the only change at that time was the change for Mrs. Harnden's property on the corner of Clay and Siskiyou to be zoned R-2. The Council went on to approve this zoning map with the proposed change. "'- Fregonese also said the second issue that was raised was that of the flood plain. All of the units are out of the flood plain and several feet above the hundred year flood plain. The unlts are being cut down from the two and one-half stories-because half of the property was going to be below grade. Fregonese advised that it should be added to the conditions that the Planning Commission should ask the project engineer to verify the 100 year flood plain in height and width on the proposed site, that all units be located outside of the natural .flood plain and lowest habitable floor be located at least 1.5 feet above the hundred year flood plain. Staff recommended approval as proposed. Jannusch reported that there was one change that the applicant wished to make and that is to revise the height of the proposed structures. Instead of have three units that are two stories high, they want to amend this to eliminate one unit and make the structures two and one- half stories high, thus making the structures higheF but reducing the bulk as it abuts Siskiyou Boulevard. Fregonese stated that the blackberries will be left as a buffer and also because it is good habitat for small species. Jannusch showed slides. ;'~I,~;. . . -~~. . PUBLIC HEARING WILLIAM B. HERSHMAN 884 Clay Street, had a couple of requests namely that there might be only on~ balcony over-looking ~is property in order to reduce the nOlse and preserve his prlvacy. He would like to see more mature trees planted to cut down on the time it would take to grow larger and cut off the view of the balcony. He also wanted a taller fence, if possible. . BOB FREDINBERG, 2275 between his property creek is on his side barn, is a curiosity as much as possible. ELLA FREDINBERG, 2275 Siskiyou Blvd., was fully supportive of a fence for privacy and protection from children coming in. She fears that the water is an attraction and a danger. Siskiyou Blvd., said he would and the proposed apartments. and he feels this, along with for sightseers and would like like a fence Most of the a pond and to deter this ROGER KAUBLE, 173 E. Hersey, represented the applicant and said that there was a change on the unit facing Siskiyou Blvd., giving the complex more of a single family presentation. This would give another one-half foot away from the flood plain to the lower floor. The applicant would like to have 54 units with no exterior changes and no increase in square footage. There were already five extra parking spaces so there would not have to be a change in parking. Kauble said the foot bridges have been eliminated and that the back part of the creek area will left in tact. He felt that a fence such as the type the Fredinberg's proposed would not be good visually. He said that they would try to leave the heavy, natural vegetation with a board fence along the baok of the property. No decision has been made on the type of material to be used for the side fence but chain link would be a possibility. Kauble stated he would try to 'work with the Mr. Hershman who is concerned about what type of trees would be planted and would try to plant some fairly large trees to begin with. Fregonese stated that solar access should be of some concern and Hershman said he would be waiving his solar rights in order to gain his privacy. FRED LISONBEE, 410 Morton Street, spoke on behalf of his father stating that the blackberries were not an impenetrable barrier for kids. There are tunnels down .the creek and a waterfall that drops five feet and seemed to be a perfect place for kids to get in trouble. He would like to see something that would keep this safe. COMMISSIONERS DISCUSSION AND MOTION The Commissioners discussed different ways to alleviate the dangers of children being drawn to the creek. It was decided that the creek area could not be fenced because of the flood plain. Others suggestions included posting "Keep Out" signs. Winthrop said it should ultimately be the applicant's responsibility to see to it that this area is safe. Kennedy wondered about the c. insurance liability rates for property with creeks and ponds. Benson suggested getting rid of the blackberries because of the fire danger. After much discussion, a motion was made to approve the planning action as proposed with a chain link fence in the front of the property and a fence along the north property line and blackberries along the back half of the property and to change from 53 units to 54 units without altering the structural plan. Also that a condition be added that Staff approve the plantings along the north side to protect the neighbors privacy to the north. Bridges seconded the motion and Planning Action 87-027 was carried unanimously. PLANNING ACTION 87-062 CONDITIONAL USE PERMIT 451 NORTH MAIN APPLICANT: K. LYNN SAVAGE AND GAIL ORELL STAFF REPORT Jannusch reported that there have been no problems or complaints with this traveler's accommodation and the applicants have . complied with all the criteria. COMMISSIONERS DISCUSSION AND MOTION It was moved and seconded that the applicant be granted permanent approval of a traveler's accommodation known as the Hersey House. The vote was unanimous. PLANNING ACTION 87-059 SIGN VARIANCE 358 EAST MAIN APPLICANT: LAKOTA DESIGNS STAFF REPORT ..-. Fregonese stated that the sign code requires that a sign be placed on a business frontage with an entry and exit to the public and that Manna Bakery wishes to place. their sign on a building frontage without an entry. This would be in conflict with the main idea of the sign code. Fregonesesaid Manna Bakery could have a ground sign, use an awning, they could make that side of the building an entrance, or they could put a sign across the top of the building without adding anything more to it: Staff does not believe there are any unusual circumstances for the applicant and recommends denial of of this request. COMMISSIONERS DISCUSSION AND MOTION It was moved and seconded to deny this Planning Action. The vote was unanimous to deny. ~~~ ,j: . PLANNING ACTION 87-063 SETBACK VARIANCE 779 TWINS PINES CIRCLE APPLICANT: LLOYD THACKER STAFF REPORT Jannusch stated that the proposal involved a request to place a structure closer than the 20 foot required setback. The primary hardship that the applicant is proposing is that there is an extremely large oak tree on the site that he would like to save. Jannusch showed slides showing where the tree was located. Jannusch said the zoning on this property is RI-IO and this lot is 6600 square feet. The setback is similar to that of the ~dja~ent properties. Staff had some ambivalence because the lot Slze 1S small and the tree was an aesthetic consideration. It will be difficult to place a structure of any size on the lot, however, Staff is generally supportive of the application and recommends approval. PUBLIC HEARING LLOYD THACKER, 835 Oak Knoll Drive, was available to answer Commissioners questions. COMMISSIONERS DISCUSSION AND MOTION Kennedy moved to approve this Planning Action. It was seconded and the vote was unanimous. PLANNING ACTION 87-058 MINOR LAND PARTITION 610 CHESTNUT APPLICANT: STEVE MORJIG STAFF REPORT Jannusch stated that the existing parcel is in excess of 22,000 square feet. He stated this is in an area of predominantly older homes and that this partition will be used only as a means of access to the property. The minimum wiqth for a flag drive to access to two units is 20 feet which also includes a 15 foot wide paved access (2 1/2 feet on each side for screening). This is the only means of access to that lot, and it will be feasible for the applicant to pave a 14 foot width and use the existing landscaping as screening. Staff felt this was a reasonable request since the applicant was requesting development of only one more lot when, in fact, it could accommodate six to eight units in an R-2 zone. In discussing with the applicant the possibility of putting a duplex on this property, Staff felt that it would be appropriate to limit the development of the property to a single family unit because of the traffic impact and because of the problems of the minimum width on the access. Staff recommends approval subject to the conditions stated in the Staff report. Jannusch showed slides of the property. PUBLIC HEARING JOAN ROBBINS, 620 Chestnut, owner of the property adjacent to applicant's driveway expressed concern about the narrow width of the driveway. Her fence had been knocked down and wondered if it happened again where the fault would lie. She wondered if the driveway could be 14 feet wide since there was an irrigation ditch on one side of the driveway. STEVE MORJIG, 620 Chestnut, explained how the fence got knocked down and stated he would accept responsibility if the fence was damaged. Morjig said he would like to keep a little grassy area on each side of the driveway because he felt it would look better than having the driveway paved tight to the fence. It was determined that there were two existing structures on the property at this time--Morjig's residence and a storage shed that he thought he might use as a guest house or rent as a separate unit. COMMISSIONERS DISCUSSION AND MOTION Staff said that in order to serve more than two units, it would require that the owner provide two-way access and because there is not two-way access on this flag drive, Staff felt it was important to limit the number of units to a single family residential unit. Benson felt that a 14 foot minimum paving was needed 'and if necessary to cover the irrigation ditch. Morjig explained that the irrigation water was piped in. Benson thought it would be acceptable to allow a few of the existing trees along the edge of the driveway to remain and to let the drive be paved around these few trees. Fregonese suggested it be put in the record the applicant recognizes that the guest house cannot be used as a separate unit but can be used as a legal guest house with no kitchen facil~ties. Winthrop "moved to approve the Planning Action but changing Condition 6 to state that the development of both parcels will be limited to a single unit each. PLANNING ACTION 87-064 CONDITIONAL USE PERMIT 514 SISKIYOU BOULEVARD APPLICANT: ROY AND ALYCE LEVY STAFF REPORT Staff recommends .approval for permanent approval of a traveler's accommodation known as the Royal Carter House. COMMISSIONS DISCUSSION AND MOTION Kennedy moved to approve this Planning Action. It was seconded and the motion carried. I -. . - .' ADJOURNMENT The meeting was adjourned at 10:00 p.m. .' r I -- . . . ASHLAND PLANNING COMMISSION STUDY SESS ION MINUTES May 27, 1987 The meeting was called to order at 7:00 p.m. by Chairman Pro Tern Neil Benson. In attendance were Dave Bernard, Michael Shoberg, Robert Winthrop. Those attending from Staff were John Fregonese, Steve Jannusch, and John McLaughlin. The Findings from the April 8, 1987 meeting were approved. REVIEW TYPE I PLANNING ACTIONS The Hearings Board consisting of Neil Benson, Robert Winthrop and Dave Bernard heard the following planning actions: A. PLANNING ACTION 87-083 Review of Traveler's Accommodations as follows: Auburn Street cottage 549 Auburn Street Lithia Rose 163 Granite St. Bluebell House 325 N. Main Street Oak Street Station 239 Oak Street Chanticleer Inn 120 Gresham Street The Queen Anne 125 N. Main Street Cowslip's Belle Lodging 159 N. Main Street Romeo Inn 295 Idaho Street Gresham House 51 Gresham Street Wood's House 333 N. Main Street Planning Action 87-083 was approved. B. PLANNING ACTION 87-053 is a request for a Site Review to construct a warehouse on property located at 447 Williamson Way. Comprehensive Plan Designation: Employment: zoning E-l: Assessor's Maps #4DC, Tax Lot 3504. APPLICANT: Pat Super Planning Action 87-053 was approved. DOWNTOWN PLAN A joint meeting of the Planning Commission, The Ashland Downtown Association, and the Citizens Planning Advisory Committee discussed future plans of the downtown area. ADJOURNMENT The meeting was adjourned at 9: 30 p.m.'