HomeMy WebLinkAbout1982-05-26 Planning MINNOTE: Anyone wishing Co speak at any P.PannLng Comm44ILon Meeting is en.eoutueged to do 'o.
1 you do w.ioh to speak, p.Pea,se laze and agek you have been iceeogwized by the Cha A,
give' you& name. and comp.eete addn.e44 You wLP,2 then be ateowed to zpeah. P.Ceat4 e
note that public. te6.,uvony may be tcm-i ed by the Cha-vc and nonma.P1y Ls not (J Pawed
a {.etc the. pubV.c hearing hcvs been elo4 ed
1. Physical Constraints
2. Site Design and Use Standards
3. Woodland Residential
4. R -3, Multi- family, high density
5. C -1, Retail Commercial
6. R- 1:3.5, Suburban Residential District
7. M -1 Industrial District
8. E -1, Employment District
9. Solar Access
10. Street and Greenway Dedications
11. Manufactured Housing Developments
12. Off- Street Parking
13. Conditional Use Permits
14. Revisions to Minor Land Partition Ordinance
I. CALL TO ORDER: 7:30 PM, Civic Center, 1175 E. Main St.,, Ashland, OR
II. APPROVAL OF MINUTES: Special hearing of March 24, 1982
III. PUBLIC HEARINGS:
A. Revised Comprehensive Plan Map
B. Revised Zoning Map
C. Revisions to the Land Use Ordinance
D. Revised Comprehensive Plan Document
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
May 26, 1982
IV. TYPE I PLANNING ACTIONS:
1. PA #82 -37, Site Review for group home at 223 Fifth St. Applicants: Jackson
County Board of Advocates for Severely Handicapped Adults.
2. PA #82 -38, Flag partition at 809 Clay St. Applicants: Pam /Robin Lawson
3. PA #82 -39, Site Review for restaurant conversion at 744 N. Main St. Appli-
cants: Wendell Sause /John Dundas
V. ADJOURNMENT
CALL TO ORDER
The meeting was called to order at 7:35 PM by Chairman Jeff Barnes in the Civic
Center. Members present were Ethel Hansen, Gene Morris, Jackie Reid, Lance Pugh,
and Don Greene. Christian Apenes arrived during the review of the Site Design
Ordinance, at which time Reid left the meeting. Planning Director John Fregonese,
Associate Planner Steve Jannusch, and Administrative Secretary Ann Baker were also
present. Hansen left during the Travelers' Accommodations review.
APPROVAL OF MINUTES AND FINDINGS AND ORDERS
The Minutes and Findings and Orders of the Special Hearing of March 24, 1982, were
approved as written.
BARNES' ABSTENTION
STAFF REPORT:
M I N V T E S
ASHLAND PLANNING COMMISSION
SPECIAL MEETING
May 26, 1982
Barnes opened the meeting by stating that this evening's meeting would be the
culmination of months of work. He then stated he would be abstaining from voting
or commenting as a Planning Commissioner on items A, B and C(1) and (3), since he
had been retained as the architect for a developer. To avoid any conflicts of
interest, he would be turning the meeting over to Vice Chairman Pugh.
PUBLIC HEARING
REVISED COMPREHENSIVE PLAN MAP
REVISED ZONING MAP
1) Fregonese read the staff report. He noted revisions on the map which should
have been included at the drafting stage. These included the finger of land off
Strawberry Lane which should be RR -.5. He further noted the Studebaker property
which should be included as a part of the Urban Growth Boundary and be designated
as Greenway and Single -Famly Residential. He then reviewed additional revisions
brought about by months of public hearing. He noted the topographic maps which had
been prepared by staff. He pointed out specifically the southwest quadrant area
adjacent to Long Way and suggested that the Planning Commission adopt the proposed
Comprehensive Plan for this area as an interim zoning until extended studies could
be made to determine the proper zoning and Comp Plan designation for the area
according to the terrain.
APC, 5/26,82, Page 1
PUBLIC HEARING:
1) Vince Oredson, 640 Pracht, stated he owned some property at the south end of
town. He stated his 11 acres are high quality residential land and there would be
no capital costs required to develop it. He added that the north interchange
property proposed to be included in the Urban Growth Boundary adds 55 acres and
would subsequently cost a great deal of capital to improve. He requested a special
hearing be held to deal with his request. Morris asked Oredson if his property was
above the irrigation ditch, and the latter replied that it was. Reid asked Oredson
to show his property to the Commission on the map. Oredson did so.
2) Peter Westigard, 610 Long Way, spoke on behalf of the neighborhood affected by
the development proposed on the hill above his property. His letter was entered
into the record. He then showed a map of the area to the Planning Commission.
3) Gary Prickett, 1012 Pinecrest Terrace, spoke on behalf of the development in
this area. He noted that the property, which is south of Long Way, had a previous
zoning of 10,000 sq. ft. prior to the existing planning period. He stated his
concerns regarding the slopes and the impact they may have on safe development in
the area. He stated he was tying to do something positive in the neighborhood,
and that the property owners have known for several months, not just two weeks as
had been implied in the letter from Westigard.
4) Jeff Barnes, 611 Siskiyou Blvd., spoke on behalf of the Prickett property. He
read a letter into the record. He showed the areas affected on the map and stated
that the property vegetation is primarily manzanita bush, and development in the
area would reduce fire hazard by thinning this brush area. He added that develop-
ment for the area would be more benign and in keeping with existing conditions
there. He stated that topographically it is less steep than Mark Cooper's proper-
ty. He noted service connection possibilities, as well as several access routes
available.
5) Morris asked Barnes to describe the proposed access choices. Barnes stated
that they were Liberty St., Ashland Loop Road, and through the Ashland St.
properties.
6) Fregonese asked Barnes if his proposal involved creating an island of R -1 -10
property surrounded by Woodland Residential. Barnes stated that, in his opinion,
this would be proper, since there is presently information available for re-
evaluation of the property with the updated topographic maps available through the
City.
7) Ruth Levy, Henley Way, spoke on behalf of the affected neighbors. She stated
that on January 3rd or 4th, Lewis and Prickett had been up to the property site and
had told her that they were thinking of developing the area there. She stated she
had been informed that there would be a meeting held on January 14, and they would
be formally notified of the meeting. This, in fact, did not happen, and they were
not notified.
8) Bob Alston, 831 Liberty, stated he owns 20 acres at the end of Liberty. He
stated he had received no notice of change of the zoning proposed for the area. He
noted he had seen a surveyor in the area and had wondered what was happening. His
APC, 5/26,82, Page 2
primary conerns revolved around the fact that the area has steep ravines, creating
a natural drainage system. He stated that back in 1968, the TID ditch had been
gunited and no erosion control measures had been taken at this point. He added
that since planning for the area had previously been blind and uncaring, there was
no reason to revert back to those times, particularly with respect to rezoning the
area to R -1 -10. He was concerned about the living vegetation that exists there.
9) Mary Ann Alston, 831 Liberty, supported her husband's remarks. She stated
they had purchased their property a number of years ago under the assessed value
because of the promise to keep it as a forest area. They have done so and have
allowed the public to use the area as a park -like setting. She was afraid the
property would become too valuable, and hence their taxes would be raised if the
adjacent development is permitted.
10) Genevieve Kuhl, 769 Liberty, stated she was disturbed that no notice had been
sent to the affected property owners. She was afraid that this proposed
development would destroy the neighborhood and that traffic would be terrible.
11) Pugh asked Fregonese to review the noticing process. Fregonese responded by
noting that no notices are required by law to property owners or adjacent property
owners for a legislative change as is being proposed. He stated that there had
been much press coverage regarding the proposed changes and numerous public
hearings had been held up to this date.
12) John Shannon, 571 Henley Way, suggested that the Planning Commissioners walk
the area above Long Way at some point, stating that it was very rugged terrain.
Greene noted that this had been done on several field trips in the past.
13) Jack Bird, 590 Long Way, offered a rebuttal to Barnes' testimony. He stated
that the proposal ignores the fact that when his neighborhood was developed it was
not heavily forested as that property above Long Way, but was a dying orchard.
14) Duane Smith, 639 Prim, stated his concerns about those large areas of acreage
within the City that are designated as developable land and the need for
development on these lands. He noted that adjacent property owners have, and
always will, object to proposed development in their private corners of the City.
He felt that at this point it was important only to look at the proposal based on
its merits and that the Physical Constraints Chapter of the ordinance should ensure
careful development of the area. Otherwise, those mandates established by LCDC
would be violated.
15) Armand Levy, 582 Henley Way, stated that there were currently 160 houses for
sale today in Ashland under the Multiple Listing files alone. Noting this, he
stated that there was really no critical need for more housing in the area,
particularly here.
16) Louis Kroul, 580 Morton, agreed with Mr. Levy's comments. He felt there was
no more housing needed in the area, especially on steep slopes when there are flat
areas available for development. He stated there was a shortage of park areas
within the City, and this property should be considered as such.
APC, 5/26,82, Page 3
17) Barnes spoke again on behalf of Lewis and Prickett. He stated that typically
there are always problems that arise for affected property owners when a proposed
development comes under discussion. The only real way for those concerned citizens
to stop development is to purchase the property under consideration. With respect
to the allegations that there has been secrecy in the development, Barnes stated
that this was not so. He stated that the boundary survey was the only survey done
so far. There has been no outline plan done at the present time, and, when the
outline plan is in the developmental stage, the neighbors will be invited for input
at that time. He noted that this hearing was not supposed to be a format for the
review of the development, but the Planning Commission was only taking public
testimony at this time on the approval of the Urban Growth Boundary and the Comp
Plan. He further noted that, at the time of development, not all the trees would
have to come out for the design of the units anticipated. He stated that at the
time of the TID cuts, no efforts had been made for revegetation, but this develop-
ment would include revegetation.
The public hearing was then closed for items A and B.
PUBLIC HEARING
REVISIONS TO THE LAND USE ORDINANCE
STAFF REPORT:
1) Fregonese gave the staff report, outlining the Chamber of Commerce Committee
workshops that had taken place over the past couple of months. He specifically
cited the Physical Constraints section of the ordinance, outlining the revised
changes proposed, including the proposal to add slope reductions to the Woodland
Residential district, and adding under Section 18.62.040(G), Classifications Cumu-
lative, that those restrictions applied shall pertain only to those portions of
land being developed and not necessarily to the whole tax lot.
2) Under the Site Design Chapter, Fregonese reviewed the changes. He then asked
whether the Commission wished to require a 20 -ft. setback along Highway 66,
indicating that there was no clear direction given to the planning staff.
PUBLIC HEARING:
1) Vince Oredson stated he was in favor of Fregonese's proposals. However, he
stated that police power was necessary for safety regulations. Attempts to
regulate the aesthetics of a development was treading on dangerous ground, and this
should be left up to the applicant. He cited specifically the Landscaping
requirements regulating a minimum percentage of landscaping to be provided in each
zone. He felt this was going too far, and these conditions should be in the form
of recommendations and suggestions.
2) Neil Benson, 363 Laurel, spoke on behalf of CPAC's recommendations to ban
drive -up windows within the City. He recapped some studies that had been made, and
urged the inclusion of the ban in the ordinance.
3) Duane Smith questioned the requirement that 45% of an R -1 lot be improved with
landscaping. Fregonese noted that this would exempt single family residences and
APC, 5/26,82, Page 4
would apply only to non residential Conditional Use Permits. He stated that al-
though the economics of the times will dictate higher densities, and landscaping
eats into these densities, at least in the downtown area certain developments which
had utilized a good amount of landscaping, such as the JCF building, were a welcome
relief. In light of the fact that there was not much land left in the commercial
zone downtown, these islands of landscaping were desirable.
4) Fregonese then discussed the Woodland Residential question, noting that the
changes were basically included on the second page of the ordinance.
5) Discussion ceased on the Woodland Residential zone, and Barnes resumed the
chair.
R -2 and R -3 Sections
1) The changes proposed included height restrictions within the R -3 zone and the
other changes relating to travelers' accommodations. It was noted that staff had
met with the bed and breakfast operators earlier in the day. A number of other
changes were read into the record.
2) Al Wilstatter, 160 Central, congratulated the Planning Commission on its
sensitivity to the R -3 areas. He pointed out how important it was that travelers'
accommodations consider the residential areas adjacent to their operations.
3) Dick Kirkpatrick spoke on behalf of Mrs. Hernden, who owns property on the
corner of Clay and Siskiyou. He requested that her whole tax lot be considered
under the R -3 zone, instead of part of it in the R -3 and part in the R -1.
Fregonese asked how he would feel about the subject parcel being considered as R -2
property. Kirkpatrick stated he felt okay about this.
4) Jim Beaver, 120 Gresham, took issue with item #5 of the proposed ordinance
addition in the multiple family zones relative to travelers' accommodations which
referred to Planning Commission approval for transfer of ownership. He noted the
great expense which property owners had gone to in order to improve their parcels
for the travelers' accommodations. He stated he would like to be able to transfer
the property without Planning Commission approval if it were sold. He noted that
there were enough protections already built into the ordinance, and the prospective
buyers need not be approved. He felt the Planning Commission's province should be
relative to the land use and not to personalities.
5) Barnes suggested the 3 -year trial period.
6) Fregonese noted it was important that conditions applied to travelers' accom-
modations be consistent. Barnes asked Fregonese if he felt there were enough
protections without the inclusion of item #5. Fregonese replied yes. Barnes
stated that the new approvals proposed should perhaps go through the same 3 -year
trial as the existing B B's had.
7) Anthony Romeo, 295 Idaho, spoke on behalf of bed and breakfast owners. He
stated he had just recently gone through the scrutiny of the Planning Commission
and had abided by all the restrictions and had made the appropriate changes to the
property. He did not feel it would be proper to regulate the individual, since the
APC, 5/26,82, Page 5
property already met the requirements. He noted this would hamper the
marketability of the bed and breakfasts in Ashland.
8) Morris noted the annual review condition had always been a condition of
approval for the B B's.
9) Greene noted that a review after the change of ownership would ensure the way
the business is run, and not be an inspection of the owner's personality.
10) Hansen concurred, and stated that this would also be a protection for the
travelers' accommodations in Ashland for the Planning Commission to support their
high quality. After her comments, Hansen left.
11) Kathryn Nehrbass, 467 Scenic, stated she was the owner of a bed and breakfast.
She stated this experience had been an improvement to their way of life by allowing
them to stay home with their children. She stated she is currently surrounded by
offices and rental units, and asked whether offices come up for annual review as
well, since their impact is many -fold greater than the B B's. She felt that it
was important to support small, family -owned businesses, and additional restric-
tions would discourage these businesses.
12) Jack Evans, 70 Coolidge, stated that condition #5 was ambiguous, and it was
important to delineate exactly what the Planning Commission had in mind.
13) Roanne Lyall, 142 N. Main, said she could live with condition 85, but she
would like the 3 -year renewal clause. Relative to the sign size imposed by the
changes in the ordinance, she stated that hers was 15 sq. ft., and she would prefer
that as the size allowable. She stated further that the parking question comes up
every year, and she has only three guest rooms. She noted that 2 Bush St., which
is across the alley from her units, has 5 rental units with no parking available to
them, and the tenants there use her facilities. The children from those units use
her yard to play in. She added that Mrs. Laible, who lives down the alley from
her, dams the mud puddles created on the unimproved alley and digs holes there as
well, apparently in efforts to help drain it. She stated that paving of the alley
would solve this problem.
14) Beaver stated he had no complaints with the annual review clause, but he did
have problems with the lack of criteria established for condition 85. He felt this
was in violation of the 14th Amendment to the Constitution.
15) In response to Beaver, Barnes stated that Beaver knew of the annual renewals
imposed when he went into business in the first place. He further questioned how
Beaver had made the decision to go ahead knowing this. Beaver replied that he had
had faith in the reasonableness of the Planning Commission. He then stated he felt
the sign size requirement in the new ordinance was a typographical error.
Fregonese responded by saying that it wasn't a typo, that sign sizes in the past
had been limited to 6 sq. ft. Beaver concluded that B B's are a nice addition to
the City and they help maintain a village -like quality and preserve the historic
character of a number of older homes in the area. He added that stricter require-
ments prevent a single unit from being cost effective, and those requirements
imposed by the Planning Commission encouraged the maximum number of units within
each development to recoup the expenditures.
APC, 5/26,82, Page 6
16) Richard Norland, owner of 70 Water St., requested a clarification of the
zoning suggested for his property. It was noted by Fregonese that this was an
error on the Comp Plan Map, and the property was intended to be zoned Employment.
17) Relative to the C -1 zone changes, Fregonese noted the changes in this section,
requiring a 10 ft. per story setback adjacent to residential zones on side and rear
property lines.
18) Relative to the new E -1 zone, the setback requirements adjacent to residential
zones would be the same as in the C -1 zone. Fregonese further noted that there had
been concerns voiced about the trucking issue with the E -1 zone adjacent to a
single family residential zone at night. He referred to the revised Site Review
chapter, stating that noise abatement had been taken out of the Performance
Standards section of the ordinance and placed in the City's Nuisance Ordinance.
19) Under both C -1 and E -1 zones, residential uses would be permitted under a
Conditional Use Permit, subject to the conditions imposed in the R -3 zone.
20) Relative to the Solar Access Ordinance, Fregonese pointed out that the
definitions addressed rooftop access requirements more clearly than before. He
further stated the new provisions relative to recordation of solar access and
explained the recordation process at Barnes' request. He stated this would be
enforced through the nuisance code upon a complaint.
21) Oredson stated he would like to have commercial properties in commercial zones
exempted from the Solar Access Ordinance. He noted that the Solar Access Ordinance
would have a greater impact in the R zones. In commercial zones, a developer can
build to theproperty line, and, therefore, the Solar Access Ordinance creates a
greater impact on commercial lands since they are more expensive as well. He felt
only certain commercial properties should be subject to the Solar Access Ordinance.
22) Barnes noted that daylighting, which is proposed in many commercial projects,
could be blocked if there were no setbacks imposed in a commercial zone. Oredson
pointed out that this would be placing the burden on the person not daylighting,
and the person who wants daylighting should be paying for it.
23) Fregonese stated that most commercial properties have lots of parking
requirements placed on them. He stated that the Planning Commission could allow a
16 -ft. high building at the property line in commercial zones. Oredson stated that
this should be true for E -1 and M -1 zones as well.
24) Fregonese noted the changes proposed in the Off- Street Parking Ordinance and
Minor Land Partition Ordinance.
REVISED COMPREHENSIVE PLAN DOCUMENT
There was no public testimony in this regard.
APC, 5/26,82, Page 7
TYPE I APPROVALS
1) Planning Action 882 -37, a Site Review for a group home at 223 Fifth St.;
applicants: Jackson County Board of Advocates for Severely Handicapped Adults.
The group home was approved subject to the conditions established in the staff
report.
2) Planning Action 882 -38, a Flag Partition at 809 Clay; applicants: Pam /Robin
Lawson. This request has been called up for a public hearing which will be held on
June 9, 1982.
3) Planning Action 882 -39, a Site Review for a restaurant coversion at 744 North
Main St.; applicants: Wendell Sause /John Dundas. Morris asked if one access is
being provided to and from the property. Fregonese noted that the access proposed
is the same as the existing one. The Planning Commission agreed with the
administrative approval.
ADJOURNMENT
The meeting was adjourned at 10:45 PM.
John Fregonese, Executive Secretary
APC, 5/26,82, Page 8
Jeffrey L. Barnes Architect
611 Siskiyou Blvd. Ashland,Oregon 97520
(503) 488-1184
26 May 1982
Ashland Planning Commission
Ashland,
Oregon 97520
Re: The rezoning and changes to the comp plan designations
of Tax Lots 39- 1E- 16- BA- 700, 39- 1E -16 -AC -400, 500, 600
and 700. This property is located within the city limits
between Liberty Street and Terra above the TID
ditch and below the Ashland Loop Road. The city's lateral
water main crosses these parcels.
Dear Commissioners:
I would first like to state that I was retained by Dave Lewis
and Gary Prickett on 14 May 1982 to provide professional services
for the potential development of the above referenced land. In
light of my experience in planning and architecture, I have found
the attitudes of Dave and Gary as developers to be reasonable and
sensitive, and believe that they are taking the best interest of
the city, this land and adjacent neighborhoods to heart, in the
pursuit of this development.
We would appreciate your consideration of this proposal for the
zoning and comprehensive plan designation of the above referenced
parcels of land. The planning process for a project of this
nature is lengthy and expensive. The present economic climate
for construction is advantageous, and we hope to move quickly to
benefit from this advantage. For these reasons we are requesting
immediate action on this matter so that we may have adequate
zoning to proceed with our outline plan. We realize that the
present delineation of the designations of woodland residential
and rural residential in the southeast Ashland area are basically
holding designations pending complete topographic mapping and
study of these areas. The city's topographic maps are complete
for this property, we have purchased these maps and have studied
them extensively as well as many site investigations. I believe
that many of the commissioners are familiar with and have walked
this site.
I have studied the LCDC report on the Ashland Comprehensive Plan
dated 14 January 1981. The LCDC position is basically that the
Ashland Planning Commission
Ashland, Oregon
26 May 1982
Page Two
city cannot support less than urban densities (three units per
acre) within the urban growth boundary except for productive
forest and excessive slope. The LCDC also states that "large
lot residential development within the UGB not only conflicts
with Goal 14, but also with several city policies which commit
the city to preserve land by using the smallest lots possible.
Some of the areas designated and zoned for large residential
lots have steep slopes and some do not." The LCDC also states
that UGB's are "established to identify and separate urbanizable
from rural land." In addition, "the ability to serve half acre
to 2.5 acre parcels in an orderly and economic manner, as re-
quired under Goal 14, is highly unlikely."
I would like to state that we are not in disagreement with the
designations of rural residential and woodland residential, but
in the delineation as pertains to these parcels and others with-
in the city. The criteria for these designations must be
supportable to the LCDC, and serve the best interest of the City
of Ashland. It is in this spirit and based on the included dis-
cussions that we submit this proposal at this time.
The following is a discussion of criteria that we adhere to
generally in this proposal and recommend to the commission for
consideration in the delineation of woodland residential and rural
residential designations:
Woodland residential: Productive or mature forest areas
generally on slopes in excess of 50 percent, relying predominantly
on natural features for delineation.
Rural residential: Natural and aesthetic buffer from urban uses
to forest or watershed lands generally on slopes in excess of 35
to 40 percent, with low level of services available or develop-
mental problems. Again relying predominantly on natural features
for delineation.
In addition we believe that the proposed physical constraints
ordinance will adequately provide for safe, orderly and bene-
ficial development of lands with potentially hazardous physio-
graphic conditions.
The following narrative and the maps we are presenting will serve
as a description of the zoning and comprehensive plan designations
that we propose for your consideration:
Ashland Planning Commission
Ashland, Oregon
25 May 71982
Page Three
Tax Lot 39- 1E -16 -BA -700: We would like to recommend that the
upper approximate 5 acres remain in woodland residential and the
lower approximate 5 acres remain in rural residential. This
request is only a change in delineation not in quantities of acres
in each zone. This request would result in a maximum of 14 or
15 units, historically (1964 to 1980) 48 units were possible,
and presently the Long Way neighborhood below is developed to
27 units on 10 acres. This parcel is generally forested, the
upper half being 40 to 75 percent slope, and the lower half
generally 20 to 40 percent slope. We recognize the aesthetic
value of this area to the Long Way neighborhood and wish to
develop accordingly.
Tax Lots 39- 1E -16 -AC -400, 500, 600: We recommend that these
parcels consisting of approximately 15 acres be changed from rural
residential to R -1 -10 Single Family Residential. These parcels
are generally in the 20 to 30 percent slope range with isolated
areas as little as 15 percent slope- and as great as 40 percent
slope. Vegetation is predominantly manzanita and scrub with
scattered pines. We consider this area excellent for this level
of development and consider the present zoning of RR to be under
utilization of its potential. Adequate services and access are
available to this property.
Tax Lot 39- 1E -16 -AC -700: We are in agreement with the present
designations of the lower approximately 1.25 acres at rural
residential, and the upper approximate 3.75 acres at woodland
residential. The lower portion is generally 30 to 50 percent
slope with scattered forest and manzanita. The upper portion is
generally 40 to 90 percent slope and heavily forested.
In closing, 1 would like to thank you in advance for your careful
consideration of this proposal. 1 believe, and hope you agree,
that this potential development can be a welcome addition to the
City of Ashland.
Sincerely,
Jeffrey L. Barnes, Architect
JLB/jb
March 23, 1982
TO: John Fregonese and members of the Ashland Planning Commission
I would appreciate your consideration in allowing further testi-
mony relating to the proposed zoning of Tax Lot 39- 1E -16 -BA -700, 39- 1E..16 -AC -400,
39- 1E -16 -AC -500, 39-1E-16-AC-600, and 391E -16-AC -700. This property is located
between Liberty Street and Terrace Street, above the TID ditch and below the
Ashland Loop Road, I would like to base my request and recommendation on the
following information:
Hi story
Tax Lot 39- 1E -16 -BA -700 was previously zoned R1 B -10 on the zoning
map dated September 18, 1964 which was in effect until 1980. The comprehensive
plan of 1978 redesignated this property at two units per acre. The zoning map
of 1980 changed the property designation to two and one -half acre parcels.
The remaining listed parcels of property have varied in zoning from RFB -200 to
two per acre and also two and one -half acre sites. It is very difficult based
on past history to determine what criteria has been applied in the decision
making process in determining the proper zone for each parcel.
Description of Property
During the past month, we have retained the services of Lyle Stewart
of Patterson Stewart and Associates to do some preliminary planning work on
the property listed and during this process to estimate the level of density
that he felt would be proper based on the physical characteristics of the
property. Mr. Stewart took slope readings on each of the five parcels and
recommended to us that he felt the property was being underutilized based on
the projected zoning.
An example is illustrated on Tax Lot 39 -1E -AC -400 where it was
found that a majority of the property had slopes less than 20 per cent and
large parts of the property were basically flat. This parcel has a common
boundary with land to the North which is currently zoned with a 7.5 density
designation. Tax Lots 39- 1E -16 -AC -600 and 39- 1E -16 -AC -700 are very similar,
but have several acres with slopes between 20 and 30 per cent and a small
area with slopes between 30 and 35 per cent.
Mr. Fregonese has also walked this property and has taken slope
readings and, I believe, will confirm my previously stated description of the
property.
Page 2
Similar` Properties
I think it is significant to put the previous description into
proper perspective to relate these slopes to areas of town already developed.
Listed below are a representative example of some of the streets in the City
of Ashland currently servicing areas of a variety of densities, These are
not all inclusive, but representative. From the information I could gather,
none has proved to be a developmental hazard in the property adjoining and on
streets which would be projected, On tax lots indicated there would probably
not be any street which would be as steep as those listed below,
1, Woodland Drive 24%
2, Elms Street 23%
3, South Park Street 22%
4, Iowa Street 22%
5, Gresham Street 21%
6.. Leonard Street 21%
7, Wimer Street 21%
8, Guthrie Street 21%
9. Taylor Street 21%
10, Summit Street 20%
11. Nob Hill Street 19%
12. Pinecrest Terrace 17%
It should also be noted that much of the property on these streets
would also have varying slope reading, There are also numerous areas in the
city which have streets on the level but the property being developed on either
side has slope readings in excess of 35 per cent, This information is used to
indicate that the development of the previously listed tax lots would be
appropriate at a density level greater than that currently proposed and would
not be detrimental but in truth would be a more proper utilization of the land,
Proposal for Consi deration
Tax Lot 3981E -16 -BA -700
1. We would like to recommend that two and one.half acres above the
water main road remain in woodland preserve.
The lower two and one -half acres currently designated W,P, be changed
to two units per acre,
The area currently proposed at two per acre be changed to 10,000
square foot lots. This would return it to the same zone as shown from 1964
through 1980,
2. The W,P, area shown in 39- 1E -16 -AC --500 be changed to two per
acre and the remainder designated at 10,000 square feet per lot.
Page 3
3. The remaining three parcels 39�1E,16 -AC -400; 39.-1E.,16...AC-600
and 39- 1E -16 -AC -700 be designated at lot sizes of 10,000 square feet,
It is our opinion and that of our planner that this is still at
a density level well below that which the land would support but it is also
one that we feel will, when developed, become an extremely attractive addition
to the city of Ashland, Based on our suggested zone designation, there would
still be large amounts of space which would remain undeveloped,
Services Avaiaarle
In designating any property, it is the responsibility of the
developer to provide the type of environment that is compatible with the rest
of the area..
It should be noted that we have five different places of in- gress-
regress and there are adequate sewer services at the property, and a major
water transmission line runs across the breadth of the property. It is our
opinion that the proposal we have offered is one that will serve the city
well in the future and does not pose the creation of situations that will be
detrimental to the livability of Ashland as we look to the next twenty years,
Any consideration you ca,n give to this request will be very much
appreciated and we would be most happy to respond to any questions.
Sinc .Fely yours,
TO: City of Ashland
Planning Commission
FROM: Jack Bird
DATE: May 26, 1982
M E M O
I would strongly recommend that the property located in
39 1 East 16 above Long Way be zoned and designated for no more
than one dwelling unit per 2.5 acres. At present, this undeveloped
ten acre parcel is in an original forested state. There are many
reasons why a less intensive development should occur there.
1. Topography. This property has a local slope of approxi-
mately 30% to 35 According to Bulletin 94 Land Use Geology of
Central Jackson County, Oregon, hazards from developing this type
of property include moderate slope erosion potential with local to
large scale mass movement. However, the slope combined with the
soil types in the area create a high erosion potential. Once again,
this is based upon a 1977 survey prepared by the Department of Geology
Mineral Industries of the state of Oregon.
2. Lack of services. Since this ten acre parcel is
totally undeveloped, all services would have to be extended into
this area.
3. Access problem. Long Way is a relatively wide street
and can handle a substantial amount of traffic. However, it is
the only clear access to this property. Due to the nature of this
street, it would be unwise to develop to any great degree further
up the hill. During a substantial portion of the winter, due to
shading, Long Way is extremely icy and difficult to drive up.
People often have difficulty driving to the top during the winter.
In addition, during the winter months automobile accidents have
occurred on this road.
4. Scenic value. This property is currently undeveloped.
One dwelling unit per 2.5 acres would have little impact on the
scenic value of this property. One unit per .5 acres would have
a substantial impact.
At one time the residential neighborhoods on the hillside
may have been forested. However, much of this natural forest was
-1-
cut away decades ago to plant orchards. Thus, at the time these
neighborhoods were developed 10 or 15 years ago, natural forest
land was not cut into. Instead, uneconomical dying orchards were
removed. However, to develop this property, a forested area would
be removed. Thus, much more is involved here than was involved
when the orchards were removed for development purposes.
5. Fire hazard. In a discussion with Jackson county land
use planners who have done a substantial amount of work in forest
land use planning, it was stated that the placement of ten houses
on a five acre parcel which borders so closely to protected forest
land would create a much more serious fire hazard than two homes
on this five acre parcel.
Conclusion. This property was included in the Ashland city
limits long ago. State land use laws are writteh in such a fashion
to give local communities flexibility. It would be entirely appro-
priate for the city of Ashland to designate this property for a very
low density development. Due to the topography, lack of services
and access problems, such a decision could easily be justified. In
addition the scenic value of this property should be considered.
Much of the hillside development in Ashland occurred on property
that at one time was forested. However, this forest land had been
removed to make way for orchards decades ago. At the time of
development, natural forest land was not removed as would be the
case here.
MR. CHAIRMAN, I1EMBERS OF THE PLANNING COMMISSION.
ISR-411d AND I LIVE AT AjO IN THE STRATFORD-
I TY NAME
ON-AVON SUBDIVISION. I HAVE BEFORE ME A PREPARED STATEMENT WIICH I
WOULD LIKE TO READ AT THIS TIME. THE SUBJECT CONCERNS THE PROPOSED
ZONING OF TAX LOT 700, AN AREA OF 10.10 ACRES DIRECTLY SOUTI -I OF OUR
SUBDIVISION. THE LETTER CONTAINED IN YOURAGENDA, TITLED COMMENTS OF
LONG WAY NEIGHBORHOOD, IS SIGNED BY 11 HOMEOWNERS IN THE AREA, HOWEVER,
THERE ARE NUMEROUS OTHER HOMEOWNERS THAT HAVE EXPRESSED THEIR
DISPLEASURE AT THE PROPOSED RE- ZONING. WE WERE TOTALLY UNAWARE OF
ANY POSSIBLE DEVELOPEMENT OF THIS AREA UNTIL APPROXIMATELY WEEK
AGO, AND THEN THE INFORMATION HAD TO BE GATHERED THROUGH AN ATTORNEY
AND PRIVATE INVESTIGATION. CONSEQUENTLY, DUE TO TIME CONSTRAINTS IN
IN GETTING OUR LETTER ON THE AGENDA, WE WERE UNABLE TO CONTACT MANY
OF THE HOMEOWNERS WHO HAVE SINCE VOICED THEIR CONCERN. AL HOUGH `[H1
HIS PR PERTY f 0NDGC TED
INVOLVI D IN THE POSSIBLE
1
MEET NGS N
THE pGWAY
ER AN INF MATT QT TO TH
RVEY TI L0
DE-SAC.
LIN AND POSSIBLE
f
VELOP
UL -DE -JSAC NOT
RESID NTS
MENT OF
ONCE
I\T EVE
ACCESS TI- ROUGH
ID THEY EVR
WHEN T EY STARTED
THE PRESENT ZONING OF THIS PARCEL IS WOODED PRESERVE (RR 2.5)
WHICH MOULD ALLOW 4 SINGLE FAMILY DWELLINGS TO BE CONSTRUCTED. YOUR
PROPOSED ZONING OF THE WEST 5 ACRES TO WOODED RESIDENTIAL AND THE EAST
5 ACRES TO LOW DENSITY RESIDENTIAL (RR .5) WHICH WOULD ALLOW A PLANNED
UNIT DEVELOPEMENT OF 10 -15 UNITS, WE FEEL IS UNACCEPTABLE DUE TO THE
FOLLONING0' 4 1iE Aea tJ,3
Sof7f+�.
1— THE TOPOGRAPHY OF THE AREA IS NOT SUITED FOR A PLANNED UNIT
MVC
DEVELOPI'IENT. ttese OF THE AREA, BOTH EAST AND WEST, IS 40 -50% SLOPES.
THE ENTIRE AREA IS SUFFERING FROM EROSION PROBLEI'IS THAT WOULD
ONLY BE COMPLICATED BY ANY MAJOR DEVELOPMENT. DURING ANY HEAVY RAIN—
FALL THE LOWER STREETS, EXPECIALLY LONG WAY, CARRY; EXTREMELY HEAVY
RUN —OFF VIITH FLOODING OCCURING AT THE INTERSECTION OF LONG WAY AND
ASHLAND STREET ON SEVERAL OCCASIONS. A SITE REVIEWAOF THIS PARCEL
WILL REVEAL A CONTINUOUS PROBLEM OF EROSION CUTS THROUGH THE TID
MAINTENAI\TCE ROAD. WITH NUMEROUS GULLIES EXPERIENCING THE SAME PROBLEM.
UCGcss• 3 DUE TO THE ELEVATION AND STEEPNESS OF LONG WAY IT IS
EXTREMELY DIFFICULT TO TRAVERSE IN WINTER. THE UPPER PORTION OF LONG
WAY STAYS ICY FOR LONG PERIODS DUE TO THE CUL —DE —SAC SHADE. THE
PRESENT RESIDENTS ON EITHER SIDE OF THE CUL —DE —SAC, LOTS 301 AND 800,
EXPERIENCE EXTREME DIFFICULTY AFTER A SNOWFALL. ANY ACCESS TO A
PLANNED UI\TIT DEVELOPMEI\TT TI- IROUGH THE LONG WAY CUL —DE —SAC WOULD INEVITABLY.
RESULT IN THE ENTIRE STREET BEING USED AS A PARKING LOT DURING ANY
WINTER STORMS, NOT TO MENTION THE INEVITABLE ACCIDENTS.
pisr 1 NIc^k040
4— MOST OF US PURCHASED OUR HOMES IN THIS AREA BECAUSE OF THE
CUL —DE —SACS, WHICH= PREVENT THROUGH TRAFFIC WITH A SUBSEQUENT LOW NOISE
AND DUST LEVEL NOT TO MENTION THE SAFETY TO CHILDREN AND PETS. THE
LOSS OF TIIE PRIME PURPOSE OF THE LONG WAY CUL —DE —SAC VIILL HAVE A SERIOUS
FINANCIAL IMPACT ON PROPERTY FRONTING LONG WAY AS WELL AS THE PROPERTIES
ALONG THE PARALLEL STREETS OF HENLEY AND TAYLOR DUE TO THE INCREASED
TRAFFIC ON ALL COLLECTOR STREETS. SOME OF THE RESIDENTS IN THE
FRIEI\TDSHIP SUBDIVISION, DIRECTLY NORTH OF US, HAVE ALSO EXPRESSED CONCERN
SINCE THIS WOODED AREA IS THEIR ONLY PRIME SCENIC VIEW.
5-
6-
IN VIEW OF THE ABOVE CITED PROBLEMS WE ALL FEEL THAT THE ENTIRE
a Hd
AREA SHOULD BE ZONED WOODED RESIDENTIAL' TIIE DEVELOPI'•1ENT DENSITY BE
DETEPLMI,NED IN ACCORDANCE WITH YOUR PROPOSED NEW CRETER:C.A AS OUTLINED
IN CHAPTER 18.62 (PHYSICAL CONSTRAINTS) AND CHAPTER 18.14 (WOODLAND
RESIDENTIAL DISTRICTS). THIS WOJLD ALLOW THE AREA TO BE DEVELOPED
ACCORDING TO THE DEGREE OF SLOPE. ALTI-IOUGH THIS CRITERIA WOULD BE
EXTREMELY RESTRICTIVE,IT WOULD ALEVIATE SOME OF THE PROBLEMS WE CITED
EARLIER. T IS NO THE INTE TSION OF TI -IIS NE. GHBORIs, D TO DEN\ AN
IND 'ACCESS 0 IIIS PRO ERTY. OWEVER T ERE ARE OTHER AC ESSES
AVAI ABLE B SIDES L NG WAY, AI\) IF TI S PROPEA Y ISN'T ZONED AN DE V-
EL OPJD IN AC ORDANCE\ WITH GOOD 1 AND U,E PLANI \TIl\G THEN II NUiaboe J NTEND TO
ATTEP TO EX UR OPTION T$ PREC UDE ANY CCESS TI ROUGH TH CITY
OWNED PROPERT AT TII END OF THE LONG JAY CUL -D -SAC KNOWI \T AS OT #300.
THAI \TI: YOU �a