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HomeMy WebLinkAbout1979-1120 REG MIN - ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Proposed Improvement Phelps Street LAND USE ORDINANCE a, MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL November 20, 1979 Having led the Pledge of Allegiance, Mayor Prickett called the meet- ing, to order at 7: 30 pm ' in the English Lecture Hall 'at Ashland High School on the above date. Ragland, Sims, Phelps, Laws and Hamilton were present. Medaris was absent. Ragland moved to approve minutes of the regular meeting of November 6, 1979; Sims seconded and on voice vote motion passed unanimously. The City Administrator read a memorandum from Director of Public Works Alsing submitting a petition from property owners abutting Phelps Street between Clinton and Patterson with 100% signing in favor of curb and paving improvements. Almquist read a letter from property owners at 557 Phelps supporting improvements. Mayor opened public hearing and there were no comments from the audience. The public hearing was closed and Almquist said the ordinance for the work would appear later on the agenda. City Administrator Almquist related that Council had met with the Planning Commission in a study session to review the proposed land use ordinance which is to replace the zoning and subdivision ordin- ances in their entirety, and noted that the land use ordinance is to bring the ordinances into conformity with the comprehensive plan. Almquist said that the R-I section has been changed substantially in the proposal to divide the City into two residentials zones rather than the six or seven zones 'we have at' pres.-nt. 'Almquist said that farm residential zone and other R-l zones'whichhave called for five acre lots will now be known as rural residential with three different lot sizes - 1/2 acre, 1 acre and 2~ acres. The R-I Zone, Almquist continued, would be broken down from 6,000 sq. ft. to 5,000 sq. ft. to provide for more density. He said there would be a 7,500 sq. ft. lot and 10,000 sq. ft. lot and said the two new key features would be that staff advisor- would have power to decrease yard requirements by up to 50% with a minimum of no'less than three feet. Almquist said the other feature is to increase northerly lot area for solar access. Almquist said that R-2 zoning which was basicly a duplex zone is being changed and replaced with a new R-2 zoning which will include the old R-2 district and old R-2.4 district and said that professional offices would be an allowed use in that zone. Almquist said in the Railroad District retail and commercial uses are proposed to be allowed if not more than 600 sq. ft. are being used for that purpose ,and if the operator is a permanent resident on the premises. The minimum lot size in the district would be reduced from 6,000 minimum sq,.ft. to 5,000 sq. ft. and the number of units allowed would be increased,: Almquist reviewed the R-3.12 district which would be re- placed with R-3 district which would be hasicly the same.: Almquist said in the C-I Zone and C-2 Downtown Commercial District are also basicly the same. He said the previous C-3 Heavy Commercial district previously allowed a number of light industrial and said the Planning Commission and CPAC decided these were incompatible and " ~ '. .... _~ _ r n:~.. -. < - :- " / Regular Meeting Ashland City Council 11/20/79 PI';, 2 . e LAND USE ORDINANCE cont. many of the light industrial uses have been removed from this ordin- ance. Almquist said the PC recommended the industrial zone be div- ided into two districts - M-I, Light Industrial and M-2 Heavy Indust- rial. A new C-4 classification was added to apply to Tourist-Commerc- ial principally at the two interchanges for motels etc. Almquist said a new zone is being established to be known as a C-5 Neighbor- hood Commercial District for small shopping center uses throughout the City and added that they must be compatible with the adjacent land uses, must be located on arterial streets and must not exceed 15,000 sq. ft. of gross land area. Almquist reveiwed the new Overlay District at the Airport citing provisions made by the Airport Master Plan being implemented. Almquist reviewed heights etc. criteria for districts within the Overlay area of the airport. Almquist said in the general regulations of the new ordinance the height of fences and walls was increasei:l from maximum of 6 ft. to 6~ ft.; provisions were made to provide for slope limitations etc.; site review provisi- ons are changed to include site review provided for Highway 66. now to be used for City-wide area. Almquist then reviewed subdivisions and minor land partitions and asked that certain typographical errors be corrected in the document as follows: in 18.76.040, Subsection G that applicant should file with Planning Director (not City Recorder); 'Almquist said that at the recent study session street widths etc. were discussed and recommended that whenever there is a conflict between the recommendation of Public Works Director and Planning Commission, that matter should automatically be taken up by Council.) Under 18.00.020, Subsection D-2 provides that each lot shall abut upon a street other than an alley for a width of at least forty feet except in the case of lots located upon the curved portion of cul-de- sacs or other streets or in the'case where topography warrants narrow- er access. Almquist said the Public Works Department feels this should only apply to cul-de-sacs which provides that the lot width can be reduced down to 25 ft. on cul-de-sacs and does not believe it should apply to other streets. Almquist said under the section on" BUD 18.88 there is a provision which would allow commercial uses in PUD development mixed with single-family, duplex, multiple etc. and cautioned Council that quite a controversary had developed when such a proposal was made in connection with the Ranch Subdivision. Almquist noted that in Section 18.88.020 the minimum setback should 'be 6' from structures and 3' from eaves and that off-street parking would read the same. It was also noted in the provisions of the Sign Ordinance that the ground si.gn height should be reduced except at highway interchanges. Planning Commission proposes to eliminate the use of plastic signs in downtown area and Railroad District and Alm- quist noted that the ordinance includes appeal fee provisions covered by Council recently which would have twSl, fees/7 one, for applicant and one for an "interested" party which 'wour'd ~tay)it the presenq$50 all but $10.00 refundable should the appeal be sustained. AI~quist said that Council might want to consider the SO~:Zone proposed for the coll~ ege as part of the Zoning considerations now before the body. Alm- quist reported that a meeting with the college people had recently been held at that all members have complete proposal before them. Pg, 2 11/20(79 Regular Meeting . SO PROPOSAL PUBLIC HEARING Ashland City Council 11/20/70.p.. 3' e Mayor ,Prickett opened the public hearing and Don Cowan of 1330 Oregon spoke relative to existing irrigation ditches on property proposed for change in land use and recommended that report be requested from Watermaster before proceeding with improvements. Cowan recommended that provision for seeki~g services of Watermaster be made part of the ordinance. Rod Stevens of Southern Oregon State College clarified the request by the c'ollege for a 20' setback instead of the lOOt,; conditional use border. Richard Cott~e asked for clarification relative to the' situation where there is a disagreement between the Planning Commission and the Staff Advisor and matter would be turned automatically over to Council. City Administrator Almquist explained that the appeal pro- cess about which Cottle was asking was part oJ the subd. orrlinance ,~'th street 'standards according to type of ,street and that - at pres~nt the PLanning Commission has the authority to reduce the width of those streets after first receiving input from the Director of Public Works. Almquist said that along with recommendations from the City Engineer (DPW), could be criteria from Traffic Commission and went on to say that even with opposing recommendations the Plan- ning Commission could still go ahead with modifications and thus the automatic proposal to have Council settle the issue. Cottle dis- agreed saying that the City Engineer should then just place his recommendation and let the P.C. have the responsibility especially since it hasn't been appealed from anyone outside, and could see no reason to burden Council with the decision. Cottle requested ration- ale on proposed setting of two appeal fees saying the applicant has gone to all the trouble to submit findings based on survey, engin- eering etc. and everyone in town has the opportunity to show up and appeal the proposal with only an indirect interest involved. Almquist explained it was felt the applicant has more money involved and more to lose and would necessarily be more to his benefit to appeal than to an individual disagreeing. Almquist said that it was','feared that many people would be cut out of the appeal process because of a high fee. On Cottle's question as to whether it costs the City any more to review one than the other, Almquist said "rio'.'. Cliff Moran, owner of the Valley Entrance Motel at 1193 Siskiyou Boulevard asked if his property was part of the SO plan and was told it was not. Mayor Prickett closed the'public hearing:and Council agreed that to allow consideration of comments that item should appear on next agenda. Ragland asked for definition of heavy commercial and Almquist reviewed criteria. Ragland reminded Council of the denial of Richards Sheet Metal and the'~atten was ,discussed. It was pointed out that ,t,he.re had been an ,erro~ in zoning' shown,on' the>m~p b,ut,tha t it would (Qot have:affected the Richards'reqyest since it would ,have fronted ,.'on'4tl;. S,treet and riot .0n.A Street where'-;'se would ha';'e been okay. Mayor Prickett discussed appeal fees and cost factors to cover expense Prickett said he would like to see a lower fee for appeals and throw the burden of the cost on the community. Almquist said he will bring ;bac~ ~ecommendations. 11/20/79 Pg. 3 LAND USE ORDINANCE cont. SO PLAN PUBLIC HEARING Ashland Cit Council 11/20U9P' . / Rex Shepherd of 1565 Lilac Circle reviewed the slope restrictions in residential areas to protect views etc. and made recommendations for changes or removing the provisions from the ordinance. Shepherd also reviewed the criteria calling for reservation of yard space for solar purposes and asked that the section be reconsidered. Councilman Sims related concern with 18.48.020 saying that he would like to see service stations etc. eliminated in the neighborhood commercial district uses and that bakeries be included. Councilman Ragland asked the City Administrator about the inclusion of duplex construction on corner lots and Almquist explained they are an allowed use in subdivisions since people would know from the begin- ning that they would, be allowed. Sims said an overlay zone is needed for the Greenway and suggested the section be 18.64. Also Sims brought up the C5 Neighborhood Comm. zone again and asked that service stations be kept on arterials. Councilman Laws corrected Section 18.20.030;to intlude' a' subsection which would call for the Historic Commission to make recommendation to Historic Commission and City Council. Mayor Prickett asked that definition of "cottage industry" be among items considered. Mayor asked that the ordinance be made part of the next agenda with no further public hearing. Sims said he did not remember in the Planned Unit Development section that permitted uses were mentioned. Almquist said that the PUD section said that a mix would be permitted. Sims said he would like to see the scope coincide with C-5. The City Administrator asked that Rod Stevens show SO Plan slides before public hearing. Rod Stevens reviewed the need to submit plans to st~teof Oregon1Governor, ,to depict direction college will be ' taking. The pedestrian problem at Indiana and the boulevard was brought up by a gentleman in the audience who mentioned tunnelling for safety of students living and eating at Cascade Hall. Stevens said it was decided that the passage would have been energy consuming and dangerous (assault) to the students and that it is hope other alternatives will develop with implementation of a perimeter road. Stevens said that the need to provide ramps etc. for handicapped access would make elevators necessary and that the plans along that line would not be practical for many reasons. Parking was brought up and Stevens said that where the Drama Hall would be built that the parking problem would have to be addressed. He said that the proposed housing for married students would have the criteria attach- ed as a necessary provision. The City Administrator read a memo from the Citizen's Planning Advisory Committee and Ashland Planning Commission wherein CPAC went on record as being in agreement with all of the plan with exception of proposed road closures. The Planning Commission in the memo recommended that a new SOSC zone be added which would enable the college to request a change from present zone to SOSC zone and they also did not agree with proposed street closures. 11(30( 79 Pg, 4 "il.egular Meeting - SO PLAN PUBLIC HEARING NEW ZONING MAP ADOPTION Ashland City Council 11/20/79 P', 5' e The memo want on to say the Commission agreed with all the proposed new buildings with exception of married housing because it may have an impact on existing R-I neighborhood (adverse). Mayor Prickett opened the public hearing. Ethel Romano of 912 Siskiyou Boulevard reviewed the history of the area and requested that the two lots at 954 and 922 be removed from the plan and that East Main be used for married student housing rather than Siskiyou Blvd., and Mountain Avenue. Dr. Chris Hald of 600 Roca Street protested use of northerly section , in the plan now under lease to National Guard nor the Johnson property where corn is grown, and asked that these lands be excluded from the plan. Hald said increased traffic is his major concern. Thomas Parker of 1067 Ashland Street spoke against the college taking in any more land and asked that it be kept out of the college plan. Chris Hald, Jr. of 255 Wightman requested that only college-o.med land at this time be included in the plan and that any future acquisition be included at the time it is acquired. Father Cassian Lewinski of 1150 Ashland Street spoke in opposition to the perimeter road and married housing concepts saying they would go through the present Neuman Center. Mayor Prickett closed the public hearing and said the enabling ordin- ance will appear-on agenda ,but first Items 2,3'and..4,wilLbe'placed on Unfinished Business for further ~onsideration. ' City Administrator Almquist reviewed the new zoning map which had been considered at a recent study session with the Planning Commission and explained that many properties were down-zoned for more intensive use. Almquist said he had received numerous communications from persons about properties on the new zoning map and reminded Council that the Comprehensive Plan is the controlling document per the Baker case, and for th"t reason the zoning map must be in conformity. Ahlquist 'mentioned- an error pointed;'out by Raglahd saying that both sides of Fourth Street betwiien B and the. iHh::just behind the property front- ing on A Street whichi'" depict'eir' a~ C"':2 but should be C-l. The blocks between 5th & 8th Streets are shown as R-2: and should be shown as C-I. Almquist noted a petition received by a number of property owners on S. Mountain Avenue between Siskiyou and Henry westerly side of Mountain Avenue was shown as R-2. Almquist said it has been alleged that the City Council and Planning Commission voted to change density from low to high density residential and is in fact shown on the map as "college zone" and related that according to the minutes and documents Council did in fact designated this area as high density residential, and the new zoning map shows it as low 'density..,.-" Almquist presented a letter from Robert Hardy who owns property loc- ated just off Ashland Street and showed parcel on map. Almquist said 11/20/79 P. 5 Regular Meeting . ZONING MAP DISCUSSION & CHANGES con t . Ashland City Council 11/20/79.P. '6 e the property is split between two zoning designations - Rl:IO and Rural Residential 2~ acres and noted the property owner is requesting that entire parcel be zoned RI:lO. Almquist said the Comprehensive Plan splits the parcel up between Rural Res. and Suburban Residential and so the zoning map is in accord with the plan. The Mayor opened the public hearing. Dick Cottle showed aerial maps showing the property owned by Hardy indicating the directions are such as shown at lower right and pointed out a situation were error has been made by drawing zone in straight line rather than following topography as shown. Cottle showed where the comprehensive line goes behind the Hardy house and requested change to RI:IO and would require CP change. Cottle said that 7 units are allowed by the comp plan and the upper half as ~12 acre minimum, presently zoned as 10,OOO sq. ft. lots. Cottle said if building sites are zoned for 2~ acres you will be precluding use of many building lots. Cottle showed how access could be had and suggested the area not be down-zoned. Cottle asked that he be given an opportunity to check the minutes and do more research to see why the Ashland Loop Road was not followed. Cottle asked that Council consider seven units per acre near the house and above that on the unused land to 1/.2 "acre minimums. Glenn Munsell representing property owners of S. Mountain Avenue on Lots 500,' 600, 700, 800, 900 and 1000 between Siskiyou Blvd. & Henry on westerly side of Mountain Avenue c"/and"" reviewed the action of December 1977 making the lots in question urban high dens- ity which would be R-3 on the zoning map"instead of R-2 which is shown on the map. Camp plan shows '!',coll~ge'. zone" &' _ said there was an error on the map and that it would be unconstitutional to so desig- nate such property without do process. Munsell pointed out that the area is surrounded by high-density use and said he feels that the property should be placed back in R-3. On Mayor's question as to whether it was shown on the plan as college zone, Stevens said it was. Almquist agreed with Munsell saying it is an error in the C.P. Ben Rybicki of 770 Walker asked if the sewer, water, fire protection utilities will be able to handle the down-zoning and Alsing said it would. Rybicki also asked about lower density and Almquist said the only change would be for the higher density property to come down to conform to comprehensive plan. Mayor closed the public hearing. Mayor Prickett asked that discussion of Ashland Loop Road, zoning property not owned by College to, be excluded from College etc. Sims brought up need to look at and possibly extend commercially zoned property along Ashland Creek~ and also cited need to look at Historic District to help retain historic status of quaint buildings rather than allowing multiple parking lots to accommodate C-3 zones. Sims said area should have been C-2. 11/20/79 P. 6 Regular Meeting . COMPREHENSIVE PLAN TEXT . " ../ " ,'" ..~" .; ", MINUTES OF BOARDS, COMM- ISSIONS ETC. CHAMBER OF COMMERCE CONVENTION ADVERTISING PUBLIC FORUM SIGNS IN BALL PARK HISTORIC DESIGNATIONS SR. CITIZEN DISCOUNT TISCHHAUSER AUDIT Ashland City Council 11/20/7.9' P .7 e Laws asked that under "Land Use" that language be modified by deleting the following "limited space available and the" in Section 1. Laws asked that under "Parks, Open Space etc." the text in Sec. e should reflect that funding should be borne through assistance of Jackson County (because it is a regional park). Under Section 8 -"Historic Conservation"'Laws requested under sub- section a, Policies, that language be amended to say "The Historic Commission shall recommend to the City Council the establishment of areas of historic significance........". In Section 6 -"Forest Lands" protection of the watershed should be stressed, and matter to be discussed at next meeting. Hamilton moved to accept minutes of all Boards, Commissions and Committees; Ragland seconded and on voice vote, all YES. A letter from the Chamber was submitted and R. Elliott Reinert reviewed the Chamber packet used for conventions and requested that part of the check in the amount of $2,583.75 being returned to the City from the Visitor and Convention Bureau budget for 1978-79 for improved packets to be used:in promotion of conventions and to famil- iarize visitors with parking, shopping etc. After some discussion Mayor Prickett expressed concern that the City is subsidizing adver- tising through the use of the packet and also recommended that the matter go before the budget committee at the appropriate time. Tom Reid, Chamber President, reviewed the funding of the Visitor Bureau and said it was felt that part of the refunded monies could be used during this fiscal year rather than waiting for the new fiscal period since the money was already appropriated. Mayor asked that Councilmembers Laws, Sims'and_Hamilton,meet, with ,the Chamber and return with proposal not to exceed $1,750 cost to City. Gary Nelson, Parks Commissioner of 1135 Park Street asked considera- tion relative to selling advertising at the ballpark to accumulate funding for recreation improvements and asked if it would be allow- able under the sign ordinance. Nelson said that signs on inside of fence would be removed at end of season. City Attorney Salter said the request should go through the Planning Commission for recommenda- tion to Council. A letter was read from Rod Reid, Chairman of the Historic Commission commenting on recent National Register of Historic Places list and supporting recommendations. No "action necessary. Laws moved to place matter of extending authorization of discount to senior citizens qualified to receive same on utilities on agenda for action; Phelps seconded and on voice vote, all YES. Laws then moved to authorize expenditure; Hamilton seconded and on roll call, motion passed unanimously. Ragland moved to accept annual audit by Tischhauser, Cooper & Co.; Sims seconded and on roll call, all YES. 11/20(79 P. 7 Regular Meeting . Ashland City Council 11/20/79 -P. 8 e \ HISTORIC COMMISSION APPTS. Mayor Prickett recommended Barbara Coldwall, Beth Lind and Ed Clarke to serve on the Historic Commission and Ragland moved to confirm; Phelps seconded and on roll call, all YES. CPAC APPOINTMENTS Mayor Prickett presented names to Council for consideration to serve on CPAC as recommended' in a letter from Rex Shepherd, as follows: John Rogers, Al Teitelbaum, Edwin Pearson, Beverly George and Judy Richards. Prickett said the appointments will be taken up at the next meeting. ASHLAND CREEK GREENWAY Ragland reported interest in 3.7 acres now owned by Mollie Ekau for acquisition by Ashland Creek Greenway and requested that staff be authorized to call for preliminary title and appraisal of the land. Laws so moved; Phelps seconded and on roll call passed unanimously. CHRISTMAS LIGHTING A letter from the Chairman of the Energy Savings Task Force was read relative to energizing Christmas lights in which they recommended that lights not be used this year. After some discussion it was decided to energize but for shorter time - from 5 p.m to 10 p.m. and same procedure apply for lower street lights. Merchants are urged to follow criteria to conserve. Laws so moved; Phelps seconded and on roll call, all 'YES. (Chamber's letter read urging lighting) DIESELIZATION OF DUMP TRUCKS A memo was read from Energy Savings Task Force recommending convers- ion of 10-yard dump trucks for conservation of gasoline. Phelps move to authorize the City Administrator to implement; Ragland seconded and on roll call, motion passed unanimously. WARRANT COLLECTIONS ORD. A memo from Councilman Medaris was read concerning collection of warrants and use of collection agency and expressed reservations about tactics/methods used. Laws and Sims agreed and Laws moved to table; Sims seconded. On roll call, '~Simp and Laws voted YES; Ragland, Phelps and Hamilton opposed. Motion to table failed. Mayor Prickett said he can't see treating people just visiting any different than those living here. Ragland supported Mayor's feel- ings saying all cities give tickets for over-parking. Sims reminded Council of its obligation to merchants and the scarcity of parking spaces downtown. Laws explained he is not against the collection but has reservations as to how it will be done. Ragland moved for adoption; Phelps seconded and on roll call, Ragland, Phelps, and Hamilton voted YES; Laws and Sims opposed the motion. PHELPS ST. IMPROVEMENTS The City Administrator gave first reading of an ordinance authorizing and ordering the improvement of Phelps Street between Clinton and Patterson Streets. Hamilton moved to second reading; Laws seconded and on roll call, all YES. SIGN ORDINANCE AMENDMENT First reading was given an ordinance ameriding th~ Sign Ordinance to add murals to the list of prohibited signs. Almquist read a letter of support for use of murals signed by six people with positive com- ments on Vintage Inn sign. Discussion ensued and the matter of legality of "supergraphics" was brought up describing drawing/art work on residences, schools etc. Ragland moved to second reading; Laws seconded and on roll call, all YES. ,-' --... . --~ ~:;:or.=: 11/20/79 P. 8 "c..... ' Regular Meeting .- . , SECOND ST. PARKING LIMIT TRANSFER OF APPROP. TO RETROFIT DUMP TRUCKS INTERIM MANAGEMENT PLAN RESOLUTION BEACH/WALKER/MEADE PARKING MONTHLY DEPARTMENTAL REPTS LIAISON REPORTS '::... ADJOURNMENT 'Ashland City Council 11/20;79 9 ,a" First reading was given an ordinance limiting parking to 2~hour parking limitation on Second Street south of East Main Street and Ragland moved 'to second reading; Hamilton seconded the motion which passed unanimously on roll call vote. A resolution was read transferring appropriations within funds for dieselization of 10-yard dump trucks and Laws moved to adopt; Phelps seconded and on roll call motion passed unanimously. Almquist read a Resolution relative to the Interim Management Plan prepared by the U.S. Forest Service concerning the Ashland Municipal Watershed. Sims moved for adoption; Phelps seconded and on roll call, all YES. A resolution establishing parking regulations on certain portions of Beach Avenue, Walker Avenue, Meade Street and providing a penalty for violation of the resolution was read and Hamilton moved to adopt; Ragland seconded and on roll call motion passed unanimously. Received for the month of October, 1979. ,'Sim-;', rep'();'ted SUNERGI is' applyi;'g fe," a' grant__and would appreciate Ie tter of supp>>r:,t..: .- ,MayOl;' said .i t' could go on next agenda. Mayor reminded Council of study session called for November 27 at 7:30 pm to study Personnel Evaluation Program and another to be held on December 6 at 7:30 p.m. relative to Initiative Petition for Ballot on Hotel/Motel Tax. Meeting adjourned at 11:45 p.m. /)k-tu t'. ~ a~/Ju!,._,:j Nan E. Franklin City Recorder