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HomeMy WebLinkAbout1998-0616 Council Mtg PACKET Council Meeting Pkt. � CITY RECORDER'S OFFICE ngjcouncir Meeting s may speak on any item,on the agenda, unless it is j which has been closed_ If you wish to speak, please fill out the Speaker'Request forflY located near the entrance to the council Chambers. The chair will 11 recognize you and inform you as to the amount of time allotted to you. The time granted will, be dependent to some extent on the nature of the item under discussion, the number•of people who wish to be heard, and the ten thiof the a enda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 16, 1998 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL: III. APPROVAL OF MINUTES: Regular meeting minutes of June 2, 1998. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Mayor's Proclamation declaring June 27, 1998, as "Vietnam Veteran's Day." CONSENT AGENDA: f� + 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's reappointments of Mavis Cloutier and Mary Jane Tilson to the Hospital Board for terms to expire June 30, 2002. 3. Confirmation of Mayor's appointment of Carol Nemec to the Audit Committee for a term to expire April 30, 2001. 4. Confirmation of Mayor's appointment of Norman Miller to the Senior Program Board for a term to expire April 30, 1999. 5. Application for liquor license for Pilaf, 10 Calle Guanajuato (Applicant: Susan Powell). 6. Authorization to terminate three City easements: (1) Termination of old City pipeline easement in vicinity of Corp Ranch Rd. near Emigrant Lake -Applicant Martha Schwarz; (2) Termination of public utility easement established on Lot 1, Block 2 of Park Estates Subdivision, Phase I - Applicant Alan Armstrong; and (3) Termination of easement created prior to formation of Blossom View Subdivision - Applicant Bob Sullivan. VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Appeal of Planning Action 97-054, Planning Commission Approval of a 25-lot subdivision on upper Strawberry Lane. 2. Consideration of CAN Assignment TCI/Falcon. VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII. UNFINISHED BUSINESS: IX. NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Discussion regarding "Greenpower." X. ORDINANCES RESOLUTIONS AND CONTRACTS: Second,eading by title only of"An Ordinance Amending Section 9.08.060.J of the;Ashland Municipal Code Relating to Trackout Restrictions." 2. Second reading by title only of"An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provi��++ons of the Model Woodheating Ordinance and Repealing Ordinance No . X555." 3. First reading by title only of"An Ordinance Approving the Transfer of the Cable Communication Franchise from TCI Cablevision of Oregon, Inc. to Falcon Cable Systems Company Il, L.P." 4. Reading by title only of"A Resolution to Forward the Nomination of the Ashland Railroad Addition Historic District to the National Register of Historic Places to the State Historic Preservation Office." 5. Reading by title only of"A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 1998/99." XI. OTHER BUSINESS FROM COUNCIL MEMBERS: XII. ADJOURNMENT: Reminder: Study Session Wednesday, June 17, 1998 at 1:OOp.m. In Council Chambers to discuss: The Ashland Wastewater Treatment Plant; the issues of banners in the City; 198-199 Transportation Project; Revisions to City Contracts; Discussion regarding Fire Station; and Strawberry Lane Findings. City Council Communication June 16, 1998 Submitted by: Paula Brown Approved by: Greg Scoles Approved by: Mike Freeman Title: Update on immediate interim activities proposed by the Parks Department at Ashland Creek behind Calle Guanajuato. Synopsis: During the special Parks Commission meeting on June e, the Commission approved the following immediate interim measures along the west side of Ashland Creek behind Calle Guanajuato: 1) Clean up the sand, boulders, pipes and other material placed along the upper slopes of the creek bank during the initial flood repairs. 2) Replace the wooden stairs from Granite Street. 3) Provide temporary pathway access along the west side of the creek to connect the stairs from Granite Street, the stairs to Main Street and the restroom/recycling area. 4) Provide stabilization at the base of the bank failure and blade the slide area for a more stabilized slope grade. Conside rable discussion occurred regarding the nature of the improvements and the desire to ensure that these actions are immediate and more clean-up or preliminary steps. These initial actions will not preclude a variety of improvements that may be recommended during the visioning for longer range improvements through the creek and Calle area. It is anticipated that these items will be completed in stages during June and September. Construction will be taking place during a busy time of the year, but the items will be completed quickly and with as little disruption as possible. Recommendation: This is an information and discussion item only. No Council action required. Background Information: These immediate items are being completed now for two reasons; 1) the ability to utilize FEMA funds for the majority of the work prior to their expiration in October, and 2) to initiate correcting the "eyesore" along the creek bank. The visioning process to discuss the needs and desires of the community and funding mechanism for future improvements will begin later this summer, and will be a longer, more involved process of determining the total solution. Extensive public input is expected in the process. These interim steps are necessary, and would most likely be needed in this form regardless of the final solutions determined for the creek and Calle area. The temporary pathway is a reasonable, low cost opportunity to allow more access in the back of the creek and provide necessary access to the recycling and restroom area. This pathway would most likely be removed under future improvements. There may be a need to relocate the restrooms to provide access for construction equipment on the bank. If this is done, the "temporary" restrooms would remain operational until the final visioning process provides a different alternative. MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 2, 1998 PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Hauck, Wheeldon, and DeBoer were present. Councilors Reid and Hagen were absent. APPROVAL OF MINUTES The minutes of the regular meeting of May 19, 1998 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation declaring June 8-15, 1998, as "Crosswalk Awareness Week." 2. Mayor's Proclamation declaring June, 1998 as "National Safety Month." Mayor Shaw read both proclamations in their entirety. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Richard Wanderscheid as Administrative Services Director. 3. Approval of annual liquor license renewals. 4. Application for liquor license for "Alfresco",70 Water Street(Applicant Ann Clouse). 5. Application for liquor license for "Wiley's Organic Pasta Company", 1606 Ashland Street (Applicants Terry and Julie Wiley.) Item number three was pulled for discussion. Councilor Wheeldon inquired as to whether there was a comprehensive list of applicants, and whether the OLCC was involved in the renewal process. City Recorder Barbara Christensen briefly explained the process, and that the item before Council was a blanket approval to renew current licenses. City Attorney Paul Nolte confirmed that the OLCC has authority in the renewal process. Mayor Shaw noted that the Council's approval was perfunctory, and that authority lies with the OLCC. Inclusion on the Council agenda allows the City to advise the OLCC, but strictly speaking this does not need to be done. Briefly discussed the licensing process, both for new applicants and renewals. City Administrator Mike Freeman noted that staff could provide a comprehensive list of renewal applicants if the Council desired such a list. Councilors indicated that this would not be necessary. Councilors Hauck/Wheeldon m/s to accept the consent agenda. Voice vote:,All AYES. Motion passed. PUBLIC HEARINGS 1. Consideration of adoption of the 1998-1999 budget. Public hearing open at 7:08 p.m. Director of Finance Jill Turner briefly explained the budget process, and stated that this was the final hearing before the Council. Noted that the City's budget is $69 million, and that nearly $20 million is capital. Also stated that tax rates would be falling $0.18, meaning there would be about $9000 less in property tax funds available than last year. City Council Meeting 0"2-98 1 Ron Kramer/120 Winter St.lJefferson Public Radio/Noted that his comments were based on his understanding of the process. Explained that he had spoken at previous hearings at the committee level. Feels that approval of this budget constitutes formal Council approval of the Ashland Fiber Network. Offered the same admonition given in public hearings March 17", noting that the amount, accuracy and importance of the available information make this a critical decision for Ashland. Briefly noted the role of Jefferson Public Radio in providing multiple communication services to the Ashland community, noting that they also serve as an Internet Service Provider (ISP). Explained that they have followed the Ashland Fiber Network with great interest. Emphasized that their interest is not merely proprietary or competitive, but as Ashland citizens. Stated that authoritative information has been difficult to obtain from the City, and additional financial information has not been made available to the public. Significant assumptions behind the plan have not been updated. Noted that JPR has written a white paper on this issue. Stated that unless the Council has received and studied other information, there is a prospect of significant losses and adequate financial information has been unavailable. Emphasized the need to insist on accurate,publicly disclosed information on this project and the need to be fully satisfied with the information before moving forward with the plan. Stated that the process to date gives cause for concern that the community's expectations of the Council are not being fulfilled, and that the information is clearly inaccurate. Stated that if other information is being considered, it is not available to the public and that brings any final decision on the project into question. Russ Silbiger/562 Ray Ln./Stated that the budget being approved is merely a step, and not the end of the process. Emphasized that the bond issuance process will allow for many opportunities to look at data. Sees no reason not to move forward. Noted that he had spoken in favor of the Ashland Fiber Network at the original hearing, and has not heard from anyone who has changed their position in supporting the project. Feels that there is significant public and business support for the project. Stated that the plan has been well thought out until now, and there will be further opportunity for comment. Sharon Stern/15 South Pioneer St.11trformation Services Manager of the Oregon Shakespeare Festiva//Noted support of the Ashland Fiber Network, both personally and on behalf of the Oregon Shakespeare Festival. Stated that it is exciting to live in one of the most visionary cities in the state, and possibly in the whole country. Stated that this plan is the City's on-ramp to the information superhighway. Does not know why the City would give up on this opportunity. Stated that the situation is similar to the national highway system in its ramifications for improving our quality of life. Unbelievable opportunities for savings and cooperation with businesses. There are possibilities for commerce,greater affordability of new technology, and many as yet undiscovered means to pay for the project. Should not be stuck on financial issues at this point. As a municipal utility, the City already has access and is in an ideal position. Emphasized that she and the Oregon Shakespeare Festival are behind the project one hundred percent. David Hyatt/301 W 6" Std Oregon Cable Television Association/Noted that he had presented a draft financial analysis of the Ashland Fiber Network plan to the Councilors at the budget hearing, and he has a finalized version of that analysis to present tonight. Stated that his report is a straightforward analysis. Feels that the City's report is inaccurate,and that original pro formas make significant material overstatements. Noted that by his analysis, income is overstated by $6-7 million; expenses are overstated by $2-3 million; interest expenses over a 5-year period are overstated by $800,000 to $1,000,000; and bonding requirements are understated by $3-5 million. Feels that the original report was so materially inaccurate that he hopes his report will be looked at along with that presented by R.W. Beck, Inc., before the City Council chooses to proceed with this plan. Mike Stalcup/624 A Street/Chairman of Southern Oregon Telecommunications and Technology Council, and Vice President of Interactive Media Development with Project A, Inc./Spoke in favor of the Ashland Fiber Network. Noted that City has invited Project A's president to sit on a steering committee for the project. While acknowledging that there might well be pitfalls, Stalcup emphasized that Project A will use the same approach in serving on this steering committee that was used in bringing technological improvements to the Ashland School District. Noted that the Southern Oregon Telecommunications and Technology Council is made up of more than City Council Meeting 06-02-98 2 seventy five large stakeholder businesses that are in support of the Ashland Fiber Network. Stated that Don Masiati, CIO of the State of Oregon, came out in wholehearted support of this project after reading the Ashland Fiber Network business plan. Noted that Masiati had much experience with similar projects in other areas of the country. Emphasized that opportunities for economic development are accurately presented and should move forward. Publicly stated support of the Ashland Fiber Network plan for the record. Wayne Schumacher/960 Mary Jane/Noted that the Ashland Daily Tidings front page has a story on the federal government receiving an "F" grade on its "Year 2000" preparedness programs. Stated that the federal government has had the foresight to pass an initiative requiring that in each agency, any initiative must be certified as "Y2K" compliant. Urged that before heading into the Ashland Fiber Network, the City should be certain that the entire project is certified in writing as "Y21(" compliant. Public hearing closed 7:28 p.m. Councilor Wheeldon noted that $783,000 had been identified as "New Funds Available" in the budget and asked that Council meet to look at staff recommendations for appropriation of those funds. It was noted that those funds have been approved, and that staff will bring back as many projects as possible in a Public Works presentation at a later date. Councilor Laws noted that the Fire Department's building money will need to be specifically allocated for the purchase of land, architectural designs, construction, and etc. City Administrator Freeman noted that he had spoken with Assistant City Administrator Greg Scales on this matter earlier, and that it is a high priority along with City Hall office space needs issues. Councilor Wheeldon noted her concems over the City's not owning the electric substations. Asked for information on any plans for future acquisition. It was noted that Director of Electric Utilities Pete Lovrovich would speak on this issue, and give a brief explanation of Sunday's power outage, later in the meeting. City Administrator Freeman suggested that acquisition of the substation could be looked at in Council Goal Setting. Councilor De Boer noted concerns that the Ashland Daily Tidings had incorrectly stated that $450,000 had been allocated for architectural drawings of the Fire Department building. Also noted that under Oregon state law, placing funds in budget does not guarantee the approval of projects or the expenditure of the budgeted funds. Councilor Laws noted that Ashland Fiber Network consultants have been working on two reports that are not in final forth, and have not as yet been given to council. Emphasized that Council will go no further on that project without reviewing these reports. 1. First reading of "An Ordinance Levying Taxes for the Period of July 1, 1998 To and Including June 30, 1999, Such Taxes in the Sum of$5,359,000.00 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon, and Declaring an Emergency." Mayor Shaw read the ordinance by title only. Councilors Hauck/Laws m/s to move the ordinance to a second reading. City Attorney Nolte noted that the ordinance needed to be read in full. Motion withdrawn. Mayor Shaw read the ordinance in its entirety. Councilors Hauck/Laws m/s to move the ordinance to a second reading. Roll call vote: Hauck, Laws, DeBoer,and Wheeldon, All YES. Motion passed. City Council Meeting 06-02-98 3 2. Second reading of"An Ordinance Levying Taxes for the Period of July 1, 1998 To and Including June 30, 1999, Such Taxes in the Sum of$5,359,000.00 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon, and Declaring an Emergency." Councilors Hauck/Wheeldon m/s to adopt Ordinance#2818. Discussion: Discussed the need for two readings in one night as ordinances take effect after 30 days and there was an error in advertising the hearing. Had to declare an emergency. Councilor DeBoer questioned the need to include the tax rate per $1000 in the budget, under the requirements of Ballot Measure 50. Director of Finance Jill Turner noted that this was not needed as the budget included specific dollar amounts. Roll call vote: Hauck, Laws, DeBoer,and Wheeldon, All YES. Motion passed. 3. Reading by title only of "A Resolution Adopting 1998-1999 Budget and Making Appropriations." Councilors Hauck/Wheeldon m/s to adopt Resolution 998-I1. Roll call vote: Laws, DeBoer, Hauck, and Wheeldon, All YES. Motion passed. PUBLIC FORUM Public Forum opened at 7:40 p.m. John /173 Ashland St./Director of Communications for Southern Oregon University(SOU)/Noted that he will be serving as a liaison between the SOU, the student body, and the City government. Stated that he would like to participate in Ashland government, and will be attending council meetings. Councilor Laws suggested looking into the possibility that staff could provide Huskes with a Council packet prior to Council meetings. Huskes noted that he would welcome any information, or suggestions, provided. Public Forum closed at 7:42 p.m. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. City Administrator Mike Freeman noted that this information will be included in Council packets in the future. Noted that abbreviations used are: "RES" for Resolution, "PRES" for Presentation, and "PH" for Public Hearing. Noted an error in including "Oak Street Traffic Calming" as #11. Stated that this information would be discussed at the July 22nd study session as indicated under#19. Councilor Laws noted that this information is extremely useful for the Council. Thanked Freeman for providing this information, and noted his hopes that it could be made available to the public. Also stated that synopses included with ordinances have been very helpful and useful. Thanked staff for their efforts. Freeman stated that he welcomed any feedback from Council. City Council Meeting 06-02-98 4 ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Authorizing the Municipal Court to Require Mediation in Certain Cases." Councilors Wheeldon/Laws m/s to adopt Ordinance#2820. Roll call vote: Laws, Hauck, Wheeldon, and DeBoer, All YES. Motion passed. 2. Second reading by title only of "An Ordinance Amending Chapter 13.24 of the Ashland Municipal Code Regarding Standards for Naming and Renaming Streets." Councilors Laws/DeBoer m/s to adopt Ordinance#2819. Roll call vote: Hauck, Wheeldon, DeBoer, and Laws, All YES. Motion passed. 3. First reading by title only of "An Ordinance Amending Section 9.08.060.J of the Ashland Municipal Code Relating to Trackout Restrictions." Councilors Wheeldon/Hauck m/s to move the ordinance to a second reading. Discussion: Councilor DeBoer noted his concerns over enforcement issues around the requirement to pave private driveways. Stated that while it is not officially required,in a wet environment driveways must be paved to avoid trackout. Councilor Laws stated that he believes this only applies to construction. Noted that ordinance cannot be enforced 100%, but that 90% of citizens try to conform. Mere presence of an ordinance provides guidance. While there may be a few that do not comply, this does not mean the ordinance is negative. Discussed enforcement and the permit process. Mayor Shaw said there would be no effort to require paving of existing drives, but on new construction such as with Bag lots, paving would be required. Councilor Hauck noted that requirements would be dependent on what was included on the building permit conditions for each case. Stated that the ordinance gives the option to impose requirements. Director of Community Development John McLaughlin noted that paving would not be required unless a new unit was being added and constructed. Other conditions might be imposed, but these would be appropriate for the specific instance. Mayor Shaw noted that she believed section 8 was not specific to construction,and could apply to driveways. Councilor Wheeldon asked McLaughlin to clarify. McLaughlin noted that requirements relate to building permits,and so would be specific to construction. Stated that there might be instances of imposing requirements outside of construction,such as on agricultural lands where farm vehicles could be required to clean wheels or pave drives. Roll call vote: Wheeldon, Laws, Hauck and DeBoer,All YES. Motion passed. 4. First reading by title only of "An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating Ordinance and Repealing Ordinance No. 2555." Councilors Wheeldon/Hauck m/s to move the ordinance to a second reading. Discussion: Councilor DeBoer questioned whether ordinance would prohibit outdoor barbecues. City Attorney Nolte confirmed that this ordinance only related to space heating, and would not preclude cooking outdoors. Roll call vote: DeBoer, Wheeldon, Hauck, and Laws, All YES. Motion passed City Council Meeting 06-02-98 5 S. First reading of"An Ordinance Levying Taxes for the Period of July 1, 1998 To and Including June 30, 1999, Such Taxes in the Sum of$5,359,000.00 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon, and Declaring an Emergency." (Dealt with during public hearing.) 6. Second reading of "An Ordinance Levying Taxes for the Period of July 1, 1998 To and Including June 30, 1999, Such Taxes in the Sum of$5,359,000.00 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon, and Declaring an Emergency." (Dealt with during public hearing.) 7. Reading by title only of"A Resolution Adopting 1998-1999 Budget and Making Appropriations." (Dealt with during public hearing.) 8. Reading by title only of"A Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions." Councilors Hauck/Wheeldon m/s to adopt Resolution #98-09. Discussion: Questioned how state monies are presented in the budget. Director of Finance Turner noted that cigarette and liquor tax monies are shown as General Fund Resources,and highway support is shown under the Street Fund. Noted that these are represented in the budget as "intergovernmental resources". Roll call vote: Wheeldon, DeBoer, Laws and Hauck, All YES. Motion passed. 9. Reading by title only of "A Resolution Declaring the City's Election to Receive State Revenues." Councilors Hauck/Wheeldon m/s to adopt Resolution #98-10. Roll call vote: Laws, Hauck, Wheeldon, and DeBoer, All YES. Motion passed. 10. Reading by title only of "A Resolution Revising Rates for Electric Service Pursuant to Ashland Municipal Code Section 14.16.030 and Repealing Resolution #94-30." Director of Electric Utilities Pete Lovrovich noted the report from R.W. Beck, Inc., from September of 1997, detailing their cost of service and rate studies. Stated that the guidelines behind the studies were for stability of 'rates over time, with a competitive environment in mind. Noted the need for equity both across and within customer classes, simplicity, and the concern that impact on the General Fund be minimized. Explained that the initial reason for study was a decrease in the City's wholesale power bill from Bonneville Power in early 1997. Director of Finance Jill Turner noted rate tariff sheets are slightly different as they now indicate utility department numbers. Stated that the overall rate reduction is 7.2%. Noted effects on General and Electric funds. Stated that based on a last minute request, the purple sheet given to council had been prepared to revise Seasonal Residential rates which were developed 15 years ago. Noted that originally, seasonal bed and breakfasts(B&Bs) were classed merely as commercial. When a special rate was created, it was halfway between commercial and residential. The recent Cost-of-Service Study indicated that customer costs were more intense than residential,but not as high as those for commercial. The change presented sets charges equal to residential rates, instead of halfway between residential and commercial. Explained that the purple sheet is a single page substitution. Noted that there were B&B owners in the audience who wished to speak concerning the proposed plan to adjust electric rates. City Council Meeting 06-02-98 6 City Administrator Mike Freeman noted that staff concurs with charging a residential rate, as occupancy does not effect base cost. Turner explained that the recommendations pull rates down to the cost-of-service levels. Freeman noted that there is no degradation in funds for the Electric Fund, and the General Fund is affected by about $20,000. Stated that this is taken into consideration in the budget. Also noted that deregulation will make pricing system of rates much more competitive, and there will likely need to be another adjustment within two years. Also requested doing away with differential for institutional/governmental users. Opened to public comment at 8:05 p.m. R. B. Maddox/586 B St./Wolf Manor Bed& Breakfast/nn/Six years prior to his buying the building, it served as Dunn House, a shelter for battered women. Noted that the City requires B&B owners to live on site. Stated that by basic laws of economics, when there is more usage, unit costs should be less. Questioned how cost to the utility could be any higher per kilowatt-hour if he has guests in his home. David Fadden/326 N. Main St./Fadden's/nn/Noted that he was present in 1994 for discussions of this same issue when no decision was reached. Setting costs by class is arbitrary, and the rate structure is not designed by actual demands placed on the system. Feels that B&Bs are billed more than Dunn House was when it was in the same building. Emphasized that he felt he was billed more based on an arbitrary class. Stated that other home occupations receive residential rates. Charges are arbitrary and do not hold up to scrutiny. Stated that many houses would use more than B&Bs. Until rate structure is equalized, it will be arbitrary. Councilor Hauck noted that Dunn House, as a non-profit organization, had received commercial rates. Public comments closed at 8:15 p.m. Lovrovich addressed load differences between B&Bs and residential units. Stated that usage is definitely different, and that costs are not determined by kilowatt-hour usage, but by kilowatt demand during a one-hour period. The rate classes are not designed strictly on usage, but by the peak demand at any one time. Explained that the City's wholesale power bill from the Bonneville Power Administration is charged on this basis. A B&B with customers has more usage than a residence on average,but accepted industry standards also indicate that B&Bs place a greater demand on the system. Costs for setting up service are being reduced to residential levels, but rates as a class are different due to the higher wholesale power costs for this greater demand. Emphasized that the City is penalized for high use when demand for a one hour period is high, and that power suppliers look at peak demand on a daily basis. Reiterated that while everyone has a different rate of demand, B&Bs are generally higher than residential customers. Director of Finance Jill Turner emphasized the need to look at the class as a whole. Stated that while Mr. Fadden owns a small B&B, there are some larger B&Bs with 7-9 units that place significantly more demand on the system. While Fadden's Inn may be closer to a residence,other B&Bs are much closer to commercial users. Stated that competing electric utilities do not even have a special B&B rate. Stated that the current rate classes are fair to the group as a whole. Councilor Wheeldon questioned whether B&Bs elsewhere pay commercial rates. Turner stated that she was not aware of a special class for B&Bs in the neighboring utility. Stated that Pacific Power probably charges some as residential and some as commercial, as they may not be as aware of how properties are used because they are not involved in the planning process. City Council Meeting 06-02-98 7 Councilor Hauck noted that the new system proposed as part of the Ashland Fiber Network will allow the utility to have more detailed information on usage and demand, and this could potentially allow further modification rates. Turner noted that sewer and water service for B&Bs are charged at commercial rates. David Fadden questioned how, with no demand meters, the City can know he's more costly than a residential customer. Stated that in his opinion, it costs less to serve him than it does for many of the residential customers in the City. Councilor Laws stated that the City cannot measure individual demand, so the rate structure must have classes based on certain assumptions. One such assumption is that B&Bs as a class place a greater demand on the system in some hours than do residential customers. Emphasized that the City cannot create a class for each customer. Councilors Laws/DeBoer m/s to adopt the resolution as presented. Discussion: Councilor DeBoer suggested that the motion be amended to include the changes recommended by staff. Councilor Laws noted that he is concerned with the elimination of the in-lieu tax adjustment. Explained that because many of the large utility customers in Ashland do not pay property taxes, the in- lieu tax adjustment has provided a way for them to pay for city services as the tax payers do. Noted that in the proposed rate adjustment, these customers did not receive a rate reduction, but were left as is and the lieu tax adjustment portion of their bills was eliminated. Went on to explain that this was an attempt to bring rates in line with upcoming competition, but that in all likelihood the state would contract with one provider state-wide and Ashland's utility would be unable to compete. Stated that this removed the justification for eliminating the in-lieu tax adjustment. Suggested that the in-lieu tax adjustment be kept until the City has been told it cannot charge this fee. Stated that the City should not eliminate this source of revenue that substitutes for lands that do not have to pay property taxes. Noted that the City will need to borrow money through the bonding process to finance the Ashland Fiber Network, and could use in-lieu tax funds to assist with funding and reduce the amount borrowed. Stated that this would be more sensible than borrowing more money at a high rate, when there could be money available within the system. Noted that he has spoken with Turner and that she has suggestions if the Council decides to retain the in-lieu of tax adjustment. Councilor Laws recommended that Council adopt the other rates, and hold off on those for governmental/institutional customers until staff recommendations can be prepared. Motion withdrawn. Mayor Shaw noted that she had looked into the in-lieu tax issue and discussed it with City Administrator Mike Freeman. Emphasized that she is concerned with governmental customers being charged more than it costs to provide service. Also cited concerns about the possibility of appearing to cross-subsidize the Ashland Fiber Network. Stated that Southern Oregon University, one of the major customers in this class, has had significant cutbacks in the recent past, and has had to lay-off Ashland citizens. Stated that she felt that the City should help the University to minimize its expenses in any way it can, when this can be done without providing a subsidy. Shaw also noted that the Ashland School District is asked to subsidize other portions of the budget, when in this case, the in-lieu tax money could be used by the schools in other areas. Emphasized that eliminating the in-lieu tax adjustment will not eat away at the General Fund. Stated that the utility's growth has been too much, and that savings should be passed on to these two institutions. City Council Meeting 06-02-98 8 Councilor Hauck noted that he had previously made the same argument that Councilor Laws was making tonight. Suggested looking at other options to reduce rates while keeping the in-lieu tax adjustment. Stated that it creates a problem because there are so many lands in Ashland that cannot be taxed. Freeman noted that the amount brought in by the in-lieu tax adjustment is approximately$200,000, which would only bring $20,000 to the General Fund from the franchise fee. Councilors DeBoer/Wheeldon m/s to adopt the resolution revising electric rates, with the staff-recommended changes to the "Seasonal Residential Service"schedule. Discussion: Councilor Laws noted that in-lieu tax funds could be loaned to the Ashland Fiber Network, eliminating the need for additional bonding. Mayor Shaw stated that this would amount to subsidization of the Fiber Network. Councilor Laws also noted that funds could be shifted around, and the excess available from government institutions could be taken off of the top to pay the franchise fee. Funds could be shifted to give savings to the people of Ashland. Councilor Laws stated that he agrees with serving friends and neighbors, and he has been a part of Southern Oregon University for many years. Expressed his concerns that the state has chosen not to support higher education, and noted that Southern Oregon University is redefining its mission and some jobs may be lost. Went on to state that it must be remembered that the University causes major costs for police, fire, and etc., and neither the University nor the State pay anything towards these costs. Acknowledged that there is a commercial income from the in-flow of people to the community, but stated that there is not a commensurate income to the City to cover costs incurred. Emphasized that the State does not provide any assistance for these costs, and out of fairness the City should be able to recover some money. Stated that the University will survive, that he does have more concerns about the School District, but that the City is not in the business of subsidizing other institutions. While he would like to be able to help, it cannot be done on this scale. Emphasized that the City must meet costs and expenses. Mayor Shaw stated that the goal of the study was to keep rates to the cost of service. Emphasized that the City's utility is in business to provide service to the community which cooperatively owns the utility. Stated that the University is one of those owners, and the Cost-of-Service Study was designed to determine the costs to serving customers and recommend rate adjustments accordingly. Shaw stated that what Councilor Laws is suggesting would make money over and above the cost of providing service. Cited her concern that the Council would consider cross-subsidization of the Ashland Fiber Network. Councilor Hauck responded that the decreases recommended in the study were through several possible options, and that the in-lieu tax adjustment could be added on to the reduced rates to provide revenue to the general fund in the same manner as a direct tax. Explained that the act of removing the in-lieu tax adjustment was in itself a form of subsidy, as all other Ashland residents are expected to pay their share. Councilor Laws noted that what he had been suggesting might result in costs and revenues not being in exact relation within the Electric Utility, but that it would put them in balance for total City costs. As it stands now, the City subsidizes other areas of the community which are not recovered,which is why the in- lieu tax adjustment was created. Councilor Wheeldon questioned whether other organizations,such as non-profits, pay in-lieu tax. Director of Finance Turner confirmed that they do. Councilor Wheeldon question why there was discrimination between governmental entities and non-profit organizations, in that the City was seeking to eliminate the in-lieu tax adjustment for the governmental entities. City Council Meeting 06-02-98 9 City Administrator Freeman noted that the original recommendation of the study was to charge in-lieu tax to governmental entities. Emphasized that he had researched the City's ability to tax the State thoroughly, as this is most efficient way to get money to the General Fund. Noted that in speaking with City Attorney Nolte, the legality of taxing the State was questionable. With this in mind, they looked at the other customers in this class, and because the City could not tax either the State or the federal government, the remaining customers were the City and the Parks Department. Under these circumstances, rather than collecting the in-lieu tax on three of five customers in the class, it seemed more appropriate to eliminate the differential. Freeman went on to note that while the in-lieu tax adjustment had originally been enacted to benefit the General Fund, it had never been carried through from the Electric Fund to the General Fund, and the only benefit to the General Fund was through the franchise fee which amounted to roughly $20,000 per year on these monies. Councilor DeBoer clarified his motion as being to adopt the resolution revising electric rates(Reso #98-08), with the staff-recommended changes to the "Seasonal Residential Service"schedule. Councilors Laws/Hauck m/s to amend the motion to adopt the resolution revising rates but set aside the three governmental rate schedules to allow staff to bring back recommendations for retaining the in-lieu tax adjustment. Discussion: Councilor DeBoer expressed his hopes that the motion to amend would fail, that rate schedules would be kept simple and savings passed on to the citizens of Ashland. Councilor Hauck stated that the in-lieu tax adjustment could be changed so that it was applied to the General Fund in the same manner as a direct tax. Roll call vote: Laws and Hauck, YES. Wheeldon, DeBoer, and Shaw, NO. Motion to amend failed 3-2. Roll call vote on the motion to adopt Resolution #98-08 with changes to the "Seasonal Residential Service" schedule: Laws, Wheeldon, and DeBoer, YES. Hauck, NO. Motion passed 3-1. Councilor DeBoer noted that he was proud of the City's efforts to reduce electric rates to cost-of-service levels and pass $560,000 in savings on to customers of the Utility, and thanked Director of Electric Utilities Lovrovich for all of his work on this matter. OTHER BUSINESS FROM COUNCIL MEMBERS Director of Electric Utilities Pete Lovrovich explained that at 2:20 p.m. on Sunday, May 31", a fuse opened at the Nevada Street substation, causing a power outage. Noted that the substation is owned jointly by Pacific Power and the City of Ashland . Explained that Ashland owns the distribution side of the station, and that he has recommended purchasing the other portion to improve efficiency of maintenance and operations. Noted that there would be a savings on power delivery charges if the city was sole owner of the substation, because at present the City must pay maintenance as part of the delivery charge. These savings alone would be approximately$100,000. Noted that on Sunday, City crews were on the scene within 15-I8 minutes, but that the crews had to wait for Pacific Power personnel. Once they arrived, they had to evaluate the situation, call out more personnel, and wait. They found one fuse had opened, which was "single phasing" and decreasing voltage to the system. Noted his concern and frustration over this type of situation. Stated that the Pacific Power crews were able to re-fuse and get the system working again, but that this took over three hours. Noted that both he and the Mayor had received many calls on this issue. Stated that he has asked to meet with Pacific Power's Medford supervisor to negotiate the possibility of allowing City crews to work on the substation in these instances. Councilor Laws noted that Ashland has one of the most reliable utility systems in the nation due to the quality of the system, crews, equipment, maintenance,and the overall organization. Noted however that the City is still dependent on power providers. City Councii Meeting 06-02-98 10 Lovrovich noted that with the purchase of the Green Springs hydro facility and the Nevada Street substation, the utility could remove many potential problems. Councilor Wheeldon noted that she would like the public to be able to get accurate information during a situation like this, and questioned whether the utility had a way to get information out. Lovrovich noted he had held a department meeting after the outage, and had spoken with concerned citizens. In the future, if there is an outage, when City crews go out to deal with the situation, a supervisor will be available at the utility office and calls will be routed there by the dispatcher to handle citizen information requests. Councilor Wheeldon noted there would be a public forum dealing with the Ashland Fiber Network in the Rogue River Room of SOU's Stephenson Union on Monday, June 8th from 7-9 p.m. Stated that this forum would be taped and televised on RVTV on Tuesday, June 9th, ADJOURNMENT The meeting was adjourned at 8:55 p.m. Barbara Christensen, City Recorder Catherine M. Shaw, Mayor City Council Meeting 06-02-98 r - . .. {� �a"Ill\\.'/n I e �" �_�''i< s t 1u • ,\, FS r =as.i 'Ft r 11 ,j\k _�f 1_ s. �dse: t e r 'y. !• !�it F�.._ PROCLAMATION WHEREAS, it has taken many years for our country to acknowledge and ` recognize the service and sacrifice of all who served in Vietnam; and S&M. a WHEREAS, the Vietnam Veterans Memorial created and built entirely through . private donations was dedicated in our nation's Capitol; and \,! WHEREAS, a replica of the Memorial is traveling throughout our nation to allow irlr Americans an opportunity to reflect upon and honor those who gave y;a so much; and r 4=< 1 : WHEREAS, the VA National Cemetery in Eagle Point will serve as home to "The f, Wall That Heals from June 25 through June 28, 1998. NOW, THEREFORE, I, Catherine M. Shaw, Mayor of the City of Ashland, do All _ s hereby join with the citizens of this City in designating Saturday, June 27, 1998, r 'I as Err'r "VIETNAM VETERAN'S DAY" r! /k rl r as a time to honor and reflect upon the sacrifices made by those patriots who served their country during the Vietnam War. Dated this 16TH day of June, 1998. fj7llil��l {n'it yytt}� . Catherine M. Shaw, Mayor '> }iu [[{{}} I II ( t r�lf,+4 n n Ali aaa Barbara Christensen, City Recorder ad ON V m w i..2 wor_, V ry r City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES May 18, 1998 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen, Council Liaison Carole Wheeldon Absent: None I. CALL TO ORDER Chair MacGraw called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main. II. ADDITIONS or DELETIONS TO THE AGENDA None III. APPROVAL OF MINUTES A. Regular Meeting - April 20, 1998 Commissioner Coppedge made a motion to approve the minutes of the Regular Meeting of April 20, 1998 as written. Commissioner Alsing seconded. The vote was: 5 yes - 0 no B. Special Meeting=April 30, 1998 Commissioner Eggers said that she would like to correct the minutes related to her comment on the motion near the end of page two. She said that her comment had been that she saw "no compelling reason for the Commission to change its previous decision." Commissioner Alsing made a motion to approve the minutes of the April 30, 1998 Special Meeting as corrected. Commissioner Bennett seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by checks #19468 through #19682 in the amount of $168,988.21. Commissioner Coppedge seconded the motion. The vote was: 5 yes - 0 no REGULAR MEETING - May 18, 1998 Page 2 Ashland Parks and Recreation Commission V. PUBLIC PARTICIPATION A. Presentation by NBC on the N. Mt. Park Natural Area - Restoration & Enhancement Plan Scott English and other members of the consulting team from Northwest Biological Consulting made a presentation to the Commission on Phase I of the Restoration and Enhancement Plan for the natural area of North Mountain Park. The team discussed the current status of and made recommendations related to the following topics: possible treatments for Beech Creek to improve the stream channel and upgrade the wetland areas and vegetation zones, and, proposed recreational and educational usage of the area. Following the presentation, Commissioners discussed several topics related to the presentation for clarification. One of the topics discussed related to the sediment load created by urban development above the park which becomes deposited in the park as it flows down Beech Creek. Scott explained that the concept of developing sediment ponds to help handle the sediment load has been discussed with Brian McCarthy, overall landscape architect for N. Mountain Park and with Paula Brown from Public Works. Because the permitting process is a lengthy one and developing a means to handle the sediment load would be a costly and lengthy project, he said that Director Mickelsen had asked NBC to proceed with gathering information and beginning the permit process with the appropriate agencies. Indicating that sediment ponds would need to be cleaned out periodically, Commissioner Alsing inquired whether or not that would be a Parks Department responsibility. Director Mickelsen said that, because the sediment ponds would become an integral part of the storm drain system, Parks and Public Works would work together to coordinate responsibilities related to the sediment ponds. Mr. English said that maintenance of the ponds would be an integral part of how the ponds functioned, and, that an important part of the studies which are being done is to determine how much sediment will be deposited during different events so that it can be determined how frequently the ponds will need to have the sediment removed. Commissioner MacGraw inquired as to whether or not the team had attached any cost estimates to the various parts of the proposed plan. David Burnson, a member of the NBC consulting team, said until the team had been able to actually work through the design concepts, which would be done in Phase 11, that only very rough cost estimates could be made. He said that they had identified seven projects and briefly outlined those projects which were estimated to cost a combined total of about $200,000. Director Mickelsen said that at some point the Commission would need to attach priorities to the projects and asked the consultants to indicate which project they would consider their top priority. Mr. English responded that by far the sediment basins would be their priority because they would most beneficially impact both the natural area and the active sports area. David Burnson commented that if budgeting was going to influence how the projects are r' REGULAR MEETING - May 18, 1998 Page 3 Ashland Parks and Recreation Commission Presentation on Natural Area-continued prioritized, it would be important to consider the various grant opportunities which could be associated with each project. Kari Tuck, co-coordinator for the Natural Area Project, briefly reviewed the status of the grants which had been received and were being considered for restoration of the natural area. During a discussion of setting time lines and priorities for projects, it was decided that NBC would present a list to Commissioners which would include their recommendation of project priorities and the grants which are currently associated with them. Commissioners complimented the consultants on the work which they had accomplished. Scott English indicated that if the Commissioners have a consensus to accept the work which has been done so far that they, the consultants, would like permission to move forward with Phase II of the project. MOTION After brief discussion in which it was determined that Phase II (Design and Permitting) was a part of the current contract with NBC, Commissioner Eggers made a motion to accept Phase I as presented and to authorize the consultants to proceed with Phase II. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no B. Open Forum None VI. OLD BUSINESS A. Staff presentation of design for park node - Bear Creek Greenway Trail Department staff presented a conceptual drawing of a proposed design for the Bear Creek Greenway park node which had been developed by Greg Covey, landscape architect. The design included parking areas for the Dog Park and for access to the Greenway Trail, grassy areas to relax and picnic, a restroom facility, and a pedestrian/bicycle path to help keep vehicles, pedestrians, and bicyclists from coming into conflict. The access to the park node is from the road off Nevada Street adjacent to Ashland Greenhouses. He indicated that because the easement adjacent to the Greenhouses was narrow, the road would need to be narrow but it appeared that there would still be space to allow some sidewalk alongside the road. He said that staff had been working with the Planning Department and Greg Williams, owner of Ashland Greenhouses, to find ways to minimize the hazard and inconvenience related to the narrowness of the roadway at that point. He also indicated that there was some question as to where the easement boundaries actually were and that that was being investigated with the cooperation of Mr. Williams. Greg Williams spoke to the Commission indicating that traffic along the road adjacent to the Greenhouses was a continuing problem and a safety hazard to his employees. The paving and speed humps which were done have not helped the problems; people still drive too fast and drive around the speed humps. With the opening of the Greenway Trail and the park node, he said that he only saw the traffic increasing which, in his opinion, meant that the problems would increase. 1 REGULAR MEETING - May 18, 1998 Page 4 Ashland Parks and Recreation Commission Discussion of Greenway Park node-continued Mr. Williams said that he realized it was a last minute thought but, as he owned other property in the area, asked the Commission whether or not it would consider working out a different access route rather than the one which ran right through his business. A general discussion ensued related to the possibility finding an alternative route which would keep from bisecting Mr. Williams' property and still provide reasonable access to park property. As Commissioners generally seemed interested in investigating Mr. Williams' suggestion, Director Mickelsen indicated that that option could certainly be explored. He indicated that he did not believe that an alternative access point would create a need to change the overall design of the park node. He asked Commissioners whether they had any questions concerning the overall design. Commissioner Eggers said that she questioned the need for over fifty parking spaces. She said that in her mind she had envisioned about twelve. Director Mickelsen said that staff believed that it would be a very popular area and that the amount of parking would be needed. He said that staff did not anticipate developing all of the parking at this time, only the 35 spaces related to the Dog Park and the park node itself; the parking down towards the Greenhouses would be considered "overflow" parking and be developed at a later time if needed. Commissioner MacGraw said she was intrigued by the land swap idea for an alternative access and inquired as to what it would take to look into the idea. Director Mickelsen said that it would mean sitting down with Mr. Williams to determine what could be worked out and what the cost factors would be for developing a different access. She also asked Director Mickelsen to confirm whether or not he believed the design of the park node would need to change if the access point were changed. He said that he did not believe the basic design of the area would need to be changed. Commissioners proceeded to ask some specific questions related to the design of the node itself. Among the items discussed were the "mound" under the trees, maintaining the possible emergency access to the sewer treatment plant if necessary, bicycle parking, and the proposed location of trees as noted on the plan. Related to the planting of trees, Donn Todt, Department Horticulturist, indicated that the plan was a conceptual plan and that prior to deciding specifically where trees would be located, he would review the site taking into consideration views and the need for shade in site specific locations. Director Mickelsen reiterated that the plan being reviewed was a conceptual plan to address the basic layout of the site. Staff would flush out the particulars once the Commission had approved the conceptual plan. Commissioner Coppedge indicated that she could be supportive of the conceptual plan as presented because she felt that the traffic flow and components of the design would work well. Commissioner Eggers indicated that she would prefer postponing approving the conceptual plan until the question related to the access point was decided. She said that she felt that changing the access point could cause needed changes in the design. REGULAR MEETING - May 18, 1998 Page 5 Ashland Parks and Recreation Commission Discussion of Greenwav Park node-continued Director Mickelsen indicated that if the Commission chose to approved the conceptual design but also wanted staff to work with Mr. Williams to look into an alternative access route to the area, staff could bring the design back to the Commission if an alternative route would substantially alter the design. Chair MacGraw inquired whether or not there was consensus among Commissioners to approve the conceptual design as submitted. Commissioner Eggers said that this design may very well be a perfectly good design but that she did not have enough information at this point to approve it. MOTION Commissioner Bennett made a motion to approve the conceptual design for the Greenway Park node as presented, to authorize staff to proceed in implementing the plan including advertising for bids if necessary, and, that if an alternative access route is decided upon which means that the design plan needs to be modified, that it would be brought back to the Commission. Commissioner Alsing seconded. The vote was: 4 yes - 1 abstain (Eggers) B. Review of FEMA projects remaining to be completed Commissioners reviewed a memorandum from staff dated May 15, 1998 which outlined the four remaining FEMA projects which need to be completed, three in Lithia Park proper with the fourth related to work on the Calle. He said that the Department had applied for an extension of the FEMA deadline, which would have been June 1998, and that FEMA has granted a three month extension until the end of October 1998. Referring to the three projects in Lithia Park, Director Mickelsen indicated that due to the permitting process from state and federal agencies which are needed for work in the stream channel, the window of opportunity for completing those projects will be very narrow. Therefore, staff will need to be ready to move with those projects as soon as the permits are granted, most likely mid- to late July. Related to the Calle, the Department has already received the money from FEMA related to replacing the stairway to Granite Street, restoring the path on the west side of the creek, and stabilizing the hillside. If those projects are not completed by the end of October 1998, the Department will be required to return the money to FEMA. Because the long-term design process for the Calle area has not yet begun, meeting the October deadline would be impossible. He explained that in a team effort involving Paula Brown from Public Works, he and consultants Brian McCarthy, Paul Fishman, and a geo tech engineer had been discussing possible immediate steps which might be taken to improve the current condition of the west side of the Calle. The kinds of actions which were being considered would enable the Department to make use of the FEMA monies without impeding any future design options which might arise from the "visioning" process which would take place concerning both the east and west sides of the Calle. He also indicated that because of unique nature of the Calle area, decisions related to the park area would be REGULAR MEETING - May 18, 1998 Page 6 Ashland Parks and Recreation Commission Review of FEMA projects to be completed- continued the Commissioners' responsibility but that the Council should be included in the process. He said that if the Commission chooses to consider some short-term options related to the Calle, it may want to schedule a Study Session, inviting the Councillors to attend, to give the consultants the opportunity to present immediate options which may be realistic. In discussion, Commissioner Alsing indicated that he strongly supported moving forward with the Lithia Park FEMA projects immediately so that the window for construction could be met and the projects completed prior to FEMA's deadline. As to the Calle, he said that he would also be willing to consider proposals related to improvements which would be agreeable to both the Parks and the City which would make use of the FEMA money as long as it did not impinge on the future, overall planning process for the area. Councilor Wheeldon said that she would be happy to bring this up to the Council to see whether or not there was interest in doing a Study Session but it would be a shame to hold things up if the Council was not available. MOTION Commissioner Alsing made a motion to approve staff moving forward with work related to the three projects in Lithia Park including advertising for bids in order to be ready to begin work once the appropriate permits are granted, and, to continue to work with the consultants to develop a proposal for immediate work which might be made on the Calle which would be brought to the Commission for consideration. Commissioner Bennett seconded. Commissioner Eggers said that she would prefer to discuss the first part of the motion related to the projects in Lithia Park to clarify what was being authorized. Commissioner Alsing said that the kind of work which would be done had already been approved by the Commission when it accepted the Fishman report and its recommendations. This motion just approved staff beginning preparation for the work so that it could begin immediately once the appropriate permits are granted. Commissioner Eggers asked which of the projects would need permits to work in the stream channel. Director Mickelsen said the maintenance bridge, the footbridges, and trail restoration work. The vote was: 5 yes - 0 no VII. NEW BUSINESS A. Appointment to Parks Foundation Board Commissioner Alsing indicated that when the Parks Foundation Board was created that a system of staggered terms was put in place. He said that most of the people had been serving partial terms. Commissioner MacGraw has just completed a partial term and has indicated that she would like to continue and to serve another full term. The Foundation Board has approved Commissioner MacGraw being reappointed. MOTION Commissioner Bennett so moved. Commissioner Eggers seconded. The vote was: 4 yes - 1 abstain (MacGraw) REGULAR MEETING - May 18, 1998 Page 7 Ashland Parks and Recreation Commission B. Authorization to advertise for bids for sand - N. Mtn. Park sports fields Commissioners reviewed a staff memorandum outlining four options related to the construction of playing surfaces for the N. Mountain Park sports fields and the relative merits of each type of surface. MOTION As 10:00 p.m. was approaching, Commissioner Alsing made a motion to extend the meeting for an additional fifteen minutes. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no Staff made a brief presentation to answer questions for Commissioners and made the recommendation that imported sand be used for the surfaces because it would be the superior surface for maintenance and sustain ability considering the high usage the fields would receive. MOTION Following brief discussion, Commissioner Coppedge made a motion to authorize advertising for bids for sand for the sports fields at N. Mountain Park. Commissioner Alsing seconded. The vote was: 5 yes - 0 no C. Employee negotiations agreement for upcoming fi scal year MOTION Commissioner Alsing made a motion to approve the agreement of May 18, 1998 pertaining to employee negotiations including the amendment. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS None IX. ITEMS FROM COMMISSIONERS None X. UPCOMING MEETING DATES(S) and PROPOSED AGENDA ITEMS Commissioners discussed possible meeting dates for the proposed Study Session related to the Calle. Considering previous obligations, it appeared that the meeting would need to take place prior to June 9tb for all Commissioners to be able to attend. At the next Regular Meeting, the following information would be presented: a project priority list from Northwest Biological Consulting for the natural area of N. Mountain Park and information related to possible alternative access routes to the Greenway park node. XI. ADJOURNMENT With no further business, by consensus, the meeting was adjourned. Respectfully submitted, 4u� Ann Benedict, Business Manager Ashland Parks and Recreation Department City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES June 8, 1998 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen, Councilor Wheeldon Absent: None I. CALL TO ORDER Chair MacGraw called the meeting to order at 6:30 p.m. at the Senior Program Building, Hunter Park 11. OUTLINE OF GOALS for the meeting Director Mickelsen indicated that the goal of the meeting was to determine whether or not the Commission wanted to pursue any immediate work on the park land on the west side of Ashland Creek adjacent to Calle Guanajuato. He explained that the Department has been paid approximately $31,000 in FEMA monies related to three small projects in the Calle area: stabilizing the slide area, restoring the path, and rebuilding the stairs. He also explained that if these projects are not completed by the end of October 1998 that in all likelihood that money will need to be returned to FEMA because they are not apt to grant another extension. He said that with the FEMA deadline rapidly approaching, staff and consultants began informally discussing what kind of work might realistically be completed on the Calle in the near future which would not impinge upon or interfere with the long-term plan or design which would come from the upcoming, overall planning process for the area. He indicated that staff and consultants would be presenting some short-options this evening which they would like for the Commission and public to consider. III. PRESENTATION related to Calle Guanajuato - the west side Director Mickelsen asked Brian McCarthy, landscape architect, to lead the presentation and to introduce the other members of the consulting team. Mr. McCarthy introduced Paul Fishman from Fishman Environmental Services and, a new member of the team, Arlan Rippe, a geotechnical engineer, from Squier Associates. He said that the options which would be presented were developed through a brain storming process with staff members Paula Brown, Greg Scoles, John McLaughlin. Ken Mickelsen and Steve Gies. SPECIAL MEETING -June 8, 1998 Page 2 Ashland Parks and Recreation Commission PRESENTATION of options -continued Following a three page outline, see attached, the consultants worked their way through the presentation which discussed the advantages and dis-advantages of : doing nothing on the site, performing minimal clean-up on the site, or proceeding with some short-term options related to the slope failure, west side path, and stairs to Granite Street. The presentation essentially indicated that the advantage of `doing nothing' or `minimal clean- up' would be that very little money wold be spent and that there would definitely be no action taken which might interfere with the long-term planning process for the area; the disadvantage would be that the Calle area would continue to look pretty shabby thought the upcoming `visioning' process which, due to the time factors involved for obtaining permits, could push work back a couple of summers. Also, the FEMA monies would be lost. The third option, stabilizing the toe of the slide area, re-establishing the path on the west side, and rebuilding the stairs to Granite Street would have the advantages of making it more attractive and re- establishing public access and pedestrian flow during the time that the planning process for the `visioning' for the design of both the east and west side was taking place. In addition, the toe of the slide would be stabilized which would keep the slide area from continuing to erode. IV. PUBLIC COMMENT During the presentation many questions were asked to clarify various topics as they were covered and, following the presentation, public comment was taken. The following were questions or items discussed: The restroom. It was explained that due to the tight access to gain entrance to the west side that the small public restroom would need to be "surgically altered" putting it out of business while work was being done on the west side. Jim Young suggested that because of the lack of public restroom facilities in the downtown area that considering a better restroom facility would be appropriate. Consultants indicated that some kind of temporary facilities would be brought into the area for the duration of the work this summer and that long-term considerations about restroom needs could be addressed during the long-term planning process for the overall area. Composition of the slide area. Councillor Susan Reid said that it was her understanding that the slide area included land-fill type debris. She asked whether or not core samples had been taken of the slide area to determine its composition and stability. Arlan Rippe, geotechnical engineer, indicated that that kind of testing had not been done as yet but that it would be done prior to working on the slide area if proceeding with the short-term options were approved. He also took the opportunity to clarify that Squiers' studies to date did not indicate that the slide area was unstable to the point that the entire hillside would precipitously fall into the creek. However, if the toe wasn't stabilized, there was risk that the base of the slide area would continue to deteriorate and that that would be detrimental to the overall stability of the hillside. SPECIAL MEETING -June 8, 1998 Page 3 Ashland Parks and Recreation Commission PUBLIC COMMENT-continued Making improvements which would have to be removed in the future. Some concern was expressed that whatever `short-term' improvement were made might become `long-term' improvements because of reticence to tear them out and do them over. Also, that money would be wasted because short-term fixes may need to be taken out and done over. The team explained that they were very aware that the overall planning process for the entire area had not yet taken place. They did not believe that the proposed short-term improvements would interfere with whatever long-term plans are decided for the area. It was emphasized that if the short-term options were approved that everything would be done with a `light touch' which meant that no `hard structures' would be put in place which may later need to be removed. In reference to the cost involved, the team indicated it had not yet developed cost estimates. However, if the work is done prior to October 31, 1998, FEMA monies will help offset the cost. The team would be looking for maximum benefit at minimum cost. Because the work focuses on the west side park area and not the overall city-wide concern related to flood control, the cost for the short-term improvements would be born by the Parks and Recreation Department. Impact on plaza merchants while work is in progress. Susan Powell from Pilaf said that she realized that she was in a unique position but expressed concern that if `short-term' work was done this season and `long-term' work was done later that her business would constantly be disrupted. The team indicated that it did understand that work in the area would have some impact on area businesses. However, the work which would be done prior to September and October would be primarily clean-up and design work. The messiest portion of the work would be on the slope toe and that work would most likely take place in September and October. The look of the slope toe. Public opinion varied as to whether or not `angular rock' or `smooth, round rock' would be more appropriate for stabilizing the toe of the slope. Most people seemed to prefer a `round rock' approach. At the conclusion of the public comment portion, no one had stated opposition to proceeding with the short-term work as outlined by the consulting team and staff. Consensus was that as long as a `light hand' was used and thought was given to conservative spending, that proceeding with the short-term options would be appropriate. V. COMMISSION DELIBERATION General consensus among Commissioners was that the short-term options suggested by the consulting team and staff would be beneficial and would not interfere with the long-term planning process. SPECIAL MEETING-June 8, 1998 Page 4 Ashland Parks and Recreation Commission COMMISSION DELIBERATION-continued Commissioners requested that once consultants and staff had had the opportunity to develop projected costs and more specific details associated with the three short-term projects that they be presented. Also, that information related to the projects be made available at the Department Office for members of the public who were interested in following the project as it developed. MOTION Commissioner Coppedge made a motion to authorize staff and consultants to move forward with the short-term options for the west side park area of Calle Guanajuato as presented taking into consideration the discussion having taken place at the meeting. Commissioner Bennett seconded. Director Mickelsen clarified that staff and consultants were being authorized to move forward with the projects and that the details once developed did not need to be brought back to the Commission for approval. Commissioner Coppedge said that the motion authorized staff to move forward with the project and that the details did not need to be brought back for approval. However, since the design work would be taking place in July and August she felt that having the opportunity to review them for comment would be appropriate. Indicating that the Council would be meeting this coming Tuesday, Paula Brown, Public Works Director, said that she would review the information with the Council to keep them informed and to answer any questions they might have related to the short-term options. She said that she would get back to the Commission if Councillors had any concerns they would like to have addressed. Chair MacGraw thanked Ms. Brown for her assistance in coordinating with the Council. The vote was: 5 yes - 0 no VI. ADJOURNMENT With no further business, Chair MacGraw adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department CALLS GUANAJUATO...THE WEST SIDE Calle Issues: Short-term: Flood damage repair • clean-up • pathway • slope failure • stairway * • construction access/restroom use * FEMA funds: $31,000 completion by October 1998 Long-term: Vision (function and aesthetics) • flood hazard reduction • bridges • cross section modifications • aquatic and riparian habitat • Calle - west side • public access, circulation and uses • recycling area • restrooms • parking • Calle - east side • public access, circulation and uses • Calle/Plaza business access and use • other uses (Saturday Market) Ashland Parks and Recreation Commission Meeting 06/08/98 OPTIONS CONSIDERED FOR 1998 1. Do Nothing ADVANTAGES DISADVANTAGES no long-term implications lose FEMA money continues to look bad some risk of continued slope failure 2. Clean-up Only ADVANTAGES DISADVANTAGES low cost no functional benefits looks better lose FEMA money 3. 1998 (Short-term) Options PATH SLOPE STAIRS interim on rock pile toe buttress rebuild in same location rebuild in same location regrading rebuild in same location with modifications for long-term rebuild with modifications retaining wall(s) abandon for long-term (grade and alignment) Ashland Parks and Recreation Commission Meeting 06/08/95 DESIGN TEAM RECOMMENDATIONS FOR 1998 PROJECTS 1. Area clean-up (rock, debris, etc.) 2. Install interim path 3. Install toe buttress and re-grade slope 4. Re-build stairs in same location, with modifications 5. Plant all exposed soil PRELIMINARY SCHEDULE FOR 1998 PROJECTS TASKS JUN JUL AUG SEP OCT Clean-up X Temporary path X Slope stabilization analyses design design build build Replace stairs demolish design build Ashland Parks and Recreation Commission Meeting 06/08/98 ASHLAND PLANNING COMMISSION REGULAR MEETING MAY 12, 1998 MINUTES CALL TO ORDER The meeting was called to order by Chair Steve Armitage. Other Commissioners present were Mike Gardiner, Mike Morris, Chris Hearn, Anna Howe, Marilyn Briggs, Russ Chapman and John Fields. Ron Bass was absent. Staff present were John McLaughlin, Bill Molnar, Mark Knox, Maria Harris and Susan Yates. APPROVAL OF MINUTES Howe moved to approve the minutes of the April 14, 1998 Regular Meeting. Gardiner seconded the motion and everyone approved. Armitage announced that PA98-081 (930 Tolman Creek Road) has been withdrawn. PUBLIC FORUM Mayor Cathy Shaw gave her thanks to Barbara Jarvis for her nine years of service on the Planning Commission. She noted how Jarvis has brought the Planning Commission to an incredible level of professionalism. Jarvis thanked the Planning Commissioners, Staff and the Mayor. APPROVAL OF FINDINGS Gardiner moved to approve Findings for PA97-054 (Neuman, Hwoschinsky, Brown). Briggs seconded the motion and it carried unanimously. TYPE II PUBLIC HEARING PLANNING ACTION 98-039 REQUEST FOR A SITE REVIEW AND OUTLINE PLAN APPROVAL FOR A NINE-LOT, NINE UNIT MULTI-FAMILY PLANNED UNIT DEVELOPMENT UNDER THE PERFORMANCE STANDARDS OPTION. HOLLY STREET BETWEEN GRESHAM AND IDAHO STREETS APPLICANT: EVAN ARCHERD/HAL DRESNER Site Visits and Ex Parte Contacts Site visits were made by all. Chapman talked with Bill Emerson about placement of garbage facilities. STAFF REPORT The subject parcel is a vacant parcel (.65 ac.) in an established neighborhood. Zoning is R-2 allowing for base densities of 13.5 units per acre. The property has an east trending slope of about 15 percent sloping toward Idaho Street. Holly Street is the boundary between single family and multi-family. There is a paved alley going from Idaho to Gresham Street. The property has many mature trees with most around the perimeter of the site. Two-story units with individual ownership are proposed. Molnar showed an overhead with site improvements. Three tri-plex structures are proposed, each with three units. Access to the property is at two locations: a shared driveway off Holly Street entering the center of the property to individual garages for six units with the remaining units being served by the alley. Covered garages will be provided as well as an additional seven surface parking spaces set up diagonally due to the width of the alley. The applicant has proposed a public sidewalk along the frontage of the property as well as an eight to nine foot planting strip between the sidewalk and curb allowing ultimately for street trees. The application gives several choices to future residences for recreation space. Some units have small outdoor areas, some with decks, some patios and at the back of the property there is a walkway system going to the alley which includes a central gazebo with a landscaped area for use by all residences. There are a number of large pine trees around the perimeter of the property. The individual garages will accommodate the covered bike parking. Behind unit 3, the plan shows covered bike parking for guests. The floor elevations are not at the same elevation but step which allow for a vertical break up of the design as well as the roof design which allows for further breaking of the mass. The designer has taken into account the sloping property and while two-story units, depending on the side, they have been cut into the slope where the bottom floors are almost daylight basements but has the effect of reducing the overall scale and height of the structure through incorporating retaining walls in the actual building facade. The density is 8.8 units. Staff has many positive comments to make about the project in terms of compliance with the city's Site Design Standards. It is a good transitional design. All public facilities are available to the site. There is a memo from the Fire-Department and they are requiring that each unit have an interior fire sprinkler system. Staff has raised one limited concern about storm drainage from roofs and impervious surfaces. The site plan shows catch basins in the parking areas and preliminary storm drainage layout. Storm drainage will be transported to Idaho Street, presumably via the rear alley to Idaho Street. The project will require final plan approval with final engineering required. If, in fact, storm drainage is going out to the alley, it might require a pipe system placed adjacent to the alley public right-of-way and installed to the existing city storm drain system in Idaho. Staff has added a Condition. There will be significant cuts requiring retaining walls. A Condition has been added regarding temporary fencing and taking adequate provision to minimize damage to the root zones. Staff has recommended approval with the attached 17 Conditions. This was reviewed at the Historic Commission and the minutes are included in the packet. Knox reported that from the beginning of the project, the applicant has met with the Historic Commission and has incorporated the Historic Commission's recommendations into their plans. The Historic Commission recommended approval with one recommendation asking the applicant to look at some design changes to unit 1 to incorporate a gabled roof with some columns to help define the entry area. The applicant has agreed to the Condition that still needs to be added. Molnar is hoping at final plan the applicant can look at parking adjustments to the area of the large pine tree to get a little more pervious surface around the root of the tree. Howe asked about"bonded for" in Condition 4. Molnar said that can be stricken. Howe mentioned Condition 11, second line, should read: "...all trees shown for preservation are not to be'removed' without prior approval...... PUBLIC HEARING Bill Emerson, 90 Fifth Street and Evan Archerd, 120 N. Second Street. Emerson showed several items on the bulletin board one of which showed trees marked for removal and those that will be saved. He is concerned about the one in front next to the drive because the drive might impact it too much. Emerson ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES MAY 12, 1996 will be working with the engineer on the storm drain as well as doing calculations for the retaining wall. Archerd explained how they tried keep a single family appearance along Holly Street. Secondly they wanted to convey the idea of a village. Each unit is a little bit different but the style is compatible. Also, they wanted to save as many trees as possible. Emerson explained the Romeo Inn is post war era design as is this project. They plan to meet the Historic Commission's request for columns on the first unit and working with the roofline. Howe asked about using pervious materials to help the trees. Archerd was agreeable. Emerson is concerned with the cuts. He is working according to Chapter 11 (accessibility). Staff Response Molnar said Howe's consideration of grass pavers off the alley is a great suggestion. Molnar suggested wording for an added Condition 18: That at the time of final plan, the front elevation of unit 1 be amended to take into the account the recommendations of the Historic Commission and that be reviewed and approved by the Staff Advisor at final plan. - - Add Condition 19: At the time of final plan, that parking off the rear adjacent to the pine, grass pavers or equivalent be incorporated into the parking area as well as those spaces be compact in order to provide additional pervious area. Fields felt the center or core of the project feels like too much paving and it would be good to soften that look. Particularly the approach to those units in the rear where it could appear as hot asphalt. There is no delineation between the pedestrian way and the driving area. Molnar said early on in the project Staff had concerns and they have tried to disguise some of the driveway with a slight bend and go with a minimum width driveway. Perhaps they could use a concrete apron. Fields is concerned once you come up the path, there is not a way to find the front door. Emerson said he could landscape in front of the units. He thought is was not a bad idea to have an apron defining an area to watch for pedestrians. Briggs suggested cobblestone and grass crete in the middle area, matching the village concept. COMMISSIONERS' MOTION AND DISCUSSION Hearn moved to approve PA98-039 with the 19 Conditions approved by staff. Howe seconded the motion with the provision in Condition 4, strike"bonded for"and Condition 11, change 'approve'to'remove'. Also, the added Conditions making provisions for permeable parking and delineating better the pedestrian areas. Hearn agreed to the amendments. Briggs thought the project was well thought out, Hearn liked the looks of the project and Howe is pleased with the trees that are being saved. The motion carried unanimously. Armitage left the meeting. Howe chaired. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES MAY 12,1998 PLANNING ACTION 98-040 REQUEST FOR AN AMENDMENT TO THE ASHLAND LAND USE ORDINANCE CHAPTER 18.72, SECTION VI OF THE SITE DESIGN AND USE STANDARDS TO ESTABLISH A SET OF DESIGN STANDARDS FOR THE DOWNTOWN AREA. APPLICANT: CITY OF ASHLAND STAFF REPORT This action would amend Chapter 18.72, Section VI of the Site Design and Use Standards and repeal the 10 percent landscaping requirement for areas within the proposed Downtown Design Standard's boundary. The boundary is shown on the map in red and runs from Helman to Siskiyou Boulevard and Lithia Way to Hargadine Street. The area contains approximately 120 tax lots and is 50 acres in size. This action came about mostly because of the process some recent developments have had to go through. There is no vision of what we want our town to look like and once these standards are adopted that will happen. When there are no standards or no direction, one ends up going to Staff, the Historic Commission and/or Planning Commission and it is difficult for an applicant to work on a project based on everyone's"opinion". This document tries to look to the future and what could happen with franchised design. This is not to say they won't come, but if they do, we can make sure it will fit into the context of the downtown. Staff and the Downtown Review Committee came up with nine elements or architectural issues that are incorporated into the document. Since the Planning Commission Study Session in February, there has been one major addition to the draft. That is, incorporation of an exceptions to the standards. For example, if an applicant has an unusual use such as a fire station or movie theater and cannot fit that type of use into a main street building, they could ask for the exception. They would still have to meet certain criteria but can show it is an unusual use and they have an alternative design that is equal or superior to the standards themselves and the minimum necessary is being asked to alleviate the difficulty. The goal is if an applicant cannot work with one or two, they could still work with the other eight. The landscaping change proposes to eliminate the landscaping on private properties except for parking lots and it would not eliminate the street tree requirements. There is really no landscaping on the older (pre-50's) buildings. In some cases it can be a maintenance problem for the owners. Knox named the members of the Downtown Design Review Committee. They are: Jerome White, local architect; Michael Donovan, owner of Chateaulin; Le Hook, Scene Design Manager of OSF; Jim Lewis, Historic Commissioner and historic contractor; Bob Rasmussen, Vice President, US Bank; Dale Shostrom, Historic Commissioner and local designer and contractor. The committee had at least eight to nine meetings in the last year. The standards have been sent to other local architects, State Historic Preservation Office, Livable Oregon, local historic consultants Kay Atwood and George Kramer. Briggs wondered about landscaping/trees(10%) at the service stations and old stations downtown. Knox said they will keep the standards in for that. McLaughlin said they will be kept for anyplace providing parking. The document has been reviewed at a Study Session in detail according to Hearn. There were many recommendations made and he wondered if the recommendations were put into this document. Knox believed he incorporated everyone's comments, even those persons not on the Planning Commission. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES MAY 12,1998 One thing that came up was the discussion of balconies. The standards have been modified to allow balconies and outdoor spaces and certain design standards that would keep the facades of the building appropriate to the downtown but to allow that without making it prohibitive as it was in the original draft. There is another drawing to support it. Hearn asked with regard to buildings like churches, which are a little different than commercial buildings (Episcopal Church), if there has been any effort for exceptions for churches? Knox said they would fit into the same categories as unusual use. Molnar said that was some of Staffs thinking behind the exceptions language (Criteria 1). Fields wondered if there was any language restricting or regulating demolition. McLaughlin said there is an ordinance on demolitions. There is an inventory of everything in the Historic District. If it is a primary or secondary structure, approval from the City Council has to be obtained in order to demolish a building. Chapman thought on Page 1, the language"multi-story development is encouraged"should be stronger. Why not require it? McLaughlin said we want to use the exceptions language to be used the least. The ordinance language should reflect the direction in which you expect things to go. We have never adopted, as a community, buildings of a certain height to be built. The market can decide. We encourage it and provide incentives but not mandate. Fields said free parking gives leverage. Chapman noted page 2, #3- recessed or projecting balconies—does that grandfather what is already there? McLaughlin said it does. Chapman also noted on page 7, illus. 10-add residential uses along with retail and commercial uses above the first floor. PUBLIC HEARING ALLEN SANDLER, 1260 Prospect Street, submitted written testimony. He is concerned about procedure by Staff and various commissions. Sandler is speaking mostly of redesigning existing buildings. He would like an approval before getting the building permit. Howe said by having the standards in place that will put the requirements up front. Sandler would like an additional procedure or two that would allow for some approvals ahead of time before going to engineering. McLaughlin explained what Sandler is asking is what the planning process is designed to do. At the pre- app, discussion occurs about design standards and the city's recommendations (comments taken from all city departments). The applicant puts the requests into a design and run through the Historic and Planning Commission for approval. The Planning Commission approves the design. No engineering would be required to this point. The applicant's engineer will then do the structural design of the building. Planning will compare the design with what was approved by the Planning and Historic Commission to make sure they match. If the design is changed, there is a problem and that would start a negotiation process to see if the changes are substantial and need to be brought before the Planning Commission again or if there are minor changes. The final approval is based on what is on file. Sandler said the Historic Commission has said they have a right to change the design beyond that point. McLaughlin said it can be changed up until the Planning Commission gives their approval. Howe wondered if Sandler has had problems with changes after the Planning Commission approval in the past. Sandler responded they have had but they cannot blame Staff for what the problems have been because they have been so convoluted. McLaughlin said he would not need to hire an engineer until after the Planning Commission findings are adopted. Up to that point, the process requires that the plan can be changed. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES MAY 12,1998 Fields said there is a risk factor when coming up with solutions to design and site considerations and tenants, and there is a risk when you come back with your final design that it will be acceptable. He explained to Sandler this should be worked on as a procedural issue. Hopefully the standards presented tonight will be helpful. Sandler said beyond the procedural idea, he likes the document. COMMISSIONERS' DISCUSSION AND MOTION Hearn asked the record to reflect the following: The Commission reviewed Hillside standards(another issue but"standards") and he recalls having study sessions and public hearings. He recalls looking out and seeing vacant rooms at those meeting. Then he recalls later reading in the paper there had been no public hearings but what he saw at the meetings were empty chairs. Tonight, Bemis and Sandler are here but mostly he is looking at empty chairs. Hearn likes the design standards, but if this passes and a bunch of people come back in a few months asking, "where were the public hearings?" he wants the record to reflect not only did we have this hearing, but we have had these groups getting together for months and months and had study sessions too. Howe said page 1, the third sentence, should read "...having a building that'has' a distinctive..." instead of 'have'. Page 2, #3, just leave in 'projecting'. Page 5, illus. 7, should not say 'recessed' either. Knox said he will work on wording. Howe said illus. 5 does not show a 40 foot/80 foot relationship. The illustration should reflect that. Howe said most of the illustrations are 1896 to 1927 and there is very little art deco. She would like to the middle building drawing as art deco with the 40 foot width so people who are looking at pictures for suggestions see there is a possibility for something other than turn of the century style. Howe continued stating there is a statement on page 6, #1 about placing the awnings below the transom window where feasible. The illustrations 1 and 5 referred to show the awnings over the transoms. Knox suggested dividing it up into two sentences. Howe asked about definitions. Arcade-"a rhythmic series of openings" instead of"archways". Corbel -doesn't explain what a corbel is. Marquee-Varsity marquee? McLaughlin said by definition it is a fixed awning. Pilaster-"engaged pillar". Fields said rather than standing independent of the building, it is "attached", not engaged. Sandrels-what are"extradoses"? Briggs said to eliminate"extradoses". Howe said it seems we need to address the keeping of 10 percent for commercial buildings that is auto related. Hearn moved to approve with recommendations made. The motion was seconded and carried unanimously. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES MAY 12,1998 OTHER Howe commented on the nice communication from the Tree Commission regarding parkrows. McLaughlin said this will be an item for discussion at the study session at the end of the month along with a talk from Paul Nolte. May 27 Study Session topics: Legal Issues Local Street Standards ADJOURNMENT The meeting was adjourned at 9:40 p.m. ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES MAY 12,1998 i ASHLAND PLANNING COMMISSION HEARINGS BOARD MAY 12, 1998 MINUTES CALL TO ORDER The meeting was called to order at 1:40 p.m. by Commissioner Chris Hearn. Other Commissioners present were Russ Chapman and Marilyn Briggs. Staff present were Bill Molnar, Maria Harris and Susan Yates. TYPE II PUBLIC HEARING PLANNING ACTION 98-026 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS. ACCESS TO BOTH LOTS WILL BE FROM THE SPRING HILL DRIVE,A PUBLIC STREET UNDER CONSTRUCTION. 940 TOLMAN CREEK ROAD Ex Parte Contacts or Site Visits All Commissioners had a site visit. STAFF REPORT Harris used an overhead to explain the project. The applicant is proposing to divide a lot into two lots. Access to the lot will be by way of Spring Hill Drive. The applicant is proposing a parking bay on Tolman Creek(two spaces). Staff has recommended approval with the attached conditions. A public hearing was requested in April because of concerns about availability of public facilities, transportation and parking. Staff has suggested the parking bay on Tolman Creek Road be moved away from Tolman Creek which will allow for closer walking distance to both lots. If the bay is left on Tolman, the corner planting strip would need to be moved. Tolman Creek Road is a major collector with heavy automobile and pedestrian traffic(Bellview school children). The planting strip provides a buffer for pedestrians and keeps a visual connection between drivers and pedestrians. Parked cars would interfere. Briggs wondered how the house opposite Spring Hill will be facing. She would like to see a continuity of setbacks on Tolman Creek Road. Hearn noted Shapiro's letter regarding availability of public facilities and parking. The parking was extensively reviewed in the Staff Report. He does not understand though about availability of public facilities. Molnar said in the initial application it was unclear how the applicant would provide sewer and water. There had been some discussions between Shapiro(developer of Spring Hill) about hooking into the new sewer and water mains provided in Spring Hill. That needed to be coordinated between Shapiro and the applicant. The city could not require that until the neighboring subdivision is complete and the survey is signed and the street becomes public right-of-way. The original application made conclusory statements before an agreement had been reached. Staff is comfortable with the issue at this time. The applicant cannot build without proper capacity and permits. PUBLIC HEARING MARK JERNIGAN, 1340 Siskiyou Boulevard, #131, stated he is the contractor for the property owner. Jernigan gave some background on the initiation of the Minor Land Partition. He explained how services will be provided to the property. No one he knew about seemed to have strong objections to parking on Tolman Creek Road. . He stated the plan on the overhead (the plan he submitted) is not a complete overview. Staff comments about parking being away from the one lot are valid, however, he does not see distance as that much of a consideration. Chapman asked if Jernigan objects to moving the parking spaces. Jernigan said he does object because the complete frontage of parcel one will have parking all along it. The cars on Tolman Creek should not travel that fast. Briggs asked if there will be more parking bays on Tolman. Harris said up the street(across Siskiyou) there will be a parking bay. Jernigan noted the street is paved from the centerline all the way to the property line just south of the subject property. The parking would be an extension of pavement south of it on Tolman Creek. Molnar noted that the lot Jernigan is speaking of is a circular driveway and the situation is non-conforming. It already does not meet access management standards and to create another point where cars can back out will only add to the conflict on Tolman Creek Road. Jernigan has no problem with the other Conditions of approval. Chapman commented that driving up Tolman Creek Road this morning he saw a-whole bunch of school kids walking which made him feel crowded. He is genuinely concerned to put parking bays or parked cars along a street that is already feeling crowded with kids and others who use it heavily. If there is traffic pulling in and out, further adding to the congestion would not be advisable. Jernigan said the road looks really narrow now but once improvements are made the road will be wider. Briggs wondered if the applicant would consider a compromise and put the parking bay in front of the corner parcel (2). Harris said when they suggested to the applicant to move the parking to Spring Hill, Staff left it to the applicant to find different places. At the time it was discussed, she thought there was an issue with the applicant not wanting to put it toward the front lot. She believes it will be acceptable to Staff. Molnar said Shapiro had planned on being at this meeting and would ask the Planning Commission break up the bays. Molnar asked the Commission to remember the right-of-way line is a constant so when they talk about putting a parking lot in front of the house, the setbacks of the house are established from the right-of-way. If you put in parking, it does not mean the parking is closer to the house. The 20 foot setback is established regardless. Molnar said one other option the Commission has is to require two off-street spaces, one, or none. This is not a requirement of the partition but a requirement of a subdivision. However, the property owner calling this up for a hearing has discussed that in the partition's chapter, the Planning Commission does have the authority to require similar requirements as would be required in a subdivision. Jernigan's preference would prefer not to have parking. There is an extra space in the subdivision. Chapman asked what Staffs compelling reason is for requiring parking. Harris said Spring Hill is 20 to 22 feet wide and though there will be ample parking most of the time, there might be spaces needed for guests. Molnar said Shapiro had hoped for two spaces. Harris spoke of two spaces in the Staff Report but one space could be an option. ASHLAND PLANNING COMMISSION HEARINGS BOARD MAY 12,1998 MINUTES 2 Harris said the driveway proposed to access the two lots is 16 feet. Jernigan asked for 18 feet. Hearn said the drawing the applicant provided shows 16 feet. Harris said the standard is 16 feet. Briggs suggested wording of Condition 7: "That one on-street parallel parking bay be installed on the Spring Hill Drive frontage of Parcel 2 (corner lot) or bonded for prior to signature of the final survey plat. The on-street parking bay on Tolman Creek Road shown on the site plan shall not be installed and shall be replaced by an 8 foot wide parkrow". . Jernigan still wants the space on Tolman Creek but Briggs' wording would be his second choice. Staff Comments Harris reviewed the wording of Condition 7. (See Brigg's wording.) Harris said in checking the Spring Hill site plan there are seven spaces and for seven lots. She also mentioned the extension of pavement to match the other lot on Tolman Creek (non-conforming) should not occur. The bike lane on Tolman Creek Road is four feet wide. Harris said with regard to the 18 foot versus 16 foot driveway, Harris wanted them to match what is on Spring Hill which is 16 feet. Harris said the applicant could keep the apron at 16 feet and the driveway can be 18 feet. COMMISSIONERS' DISCUSSION AND MOTION Chapman moved to approve PA98-026 with changes to Condition 7 as read by Briggs. Briggs seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 98-034 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO ALLOW FOR A HEALTH CLINIC. THE REMAINDER OF THE STRUCTURE UTILIZED AS A PRIVATE LIVING SPACE. APPLICANT: MARGUERITE J. AND STEPHEN W. SMITH This action was approved. Briggs would like to see the applicant provide a turnaround so cars can exit going forward. Molnar thought there would be room to do so if the applicant is amenable PLANNING ACTION 98-037 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO ALLOW FOR A MEDICAL OFFICE AND RESIDENCE. 2300 SISKIYOU BOULEVARD APPLICANT: ROBIN ROSE, MD This action was approved. PLANNING ACTION 98-037 REQUEST FOR A SITE REVIEW FOR A WAREHOUSE BUILDING 3175 EAST MAIN STREET APPLICANT: FRANK AND JUNE PAPEN ASHLAND PLANNING COMMISSION HEARINGS BOARD MAY 12,1998 MINUTES This action was approved. PLANNING ACTION 98-028 REQUEST FOR A SITE REVIEW TO CONSTRUCT A NEW COMMERCIAL BUILDING (OFFICE/LIGHT MANUFACTURING)TO BE USED FOR THE DESIGN AND FABRICATION OF COPPER AND BRASS HOME AND GARDEN DECORATIONS. APPLEGATE WAY(PARCEL 2) APPLICANT: RON BERTOCCHI This action was approved. ADJOURNMENT The meeting was adjourned at 2:45 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD MAY 12,1998 MINUTES 4 TRAFFIC SAFETY COMMISSION Minutes of Meeting April 23, 1998 Members Present: J. David Fine, Bob Goeckerman, Don Laws, Christine Schumacher, Brent Jensen, John Morrison; Staff Present: Jim Olson, Dawn Curtis I. Call to Order Council Member Laws called the meeting to order at 6:55 PM. II Approval of Minutes The March Meeting Minutes were approved as written. III Items for Discussion: A. PUBLIC FORUM ITEMS a. Special Vehicle Permit Request for 1997 Service Justin Strnad requested renewal of his Pedicab Special Vehicle Permit. He requested permission to operate after dark to accommodate downtown area pedestrians and to have an addition of routes outside of the "tour area" designated by last year's permit. Regard was made as to the use of lighting on the vehicle. Strnad felt halogen lighting was more than adequate and will be installed and inspected prior to operation during evening hours. Fine commented on applying various illuminating markings such as reflective safety triangles to the vehicle. Commission agreed that additional safety markings would be appropriate to night time operation. Discussion ensued regarding whether additional routes would create issue with Ashland Taxi monopoly. Fine read ordinances for taxi service to obtain clear understanding of whether pedicab would be considered a "Taxi Service". Commission decided to have City Attorney Paul Nolte investigate this issue. G:Dawn\Traf W p d 198.wpd v Fine suggested to Commission that before the permit was approved the following issues will have to be examined and accomplished: 1) Liability insurance must be verified by Olson; 2) City Attorney will investigate City and State Ordinances concerning operation of Pedicab in comparison with a Taxi Service to clarify if Pedicab will infringe on the Ashland Taxi business; 3) Pedicab operator may not charge customers for destination or distance, but may accept tips for payment; 4) lighting and safety features need to be approved by the Police Chief, and lighting is to be used % hour before sunset and '/z hour after dawn; 5) the service will only operate on A, B, and C Streets, Streets 1-8, Lithia Park tour route, and any other streets approved by Traffic Safety Commission; 6) City Engineer must require that all other State requirements are met. Commission approves issuance of special vehicle permit after review by City Attorney. Depending on the City Attorney's recommendations certain conditions may not be feasible. Conditions will be stated on the permit upon issuance. Conditions and permit will be addressed within the week by the City Attorney and Olson. B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING 1. Scenic Drive Stop Sign Request Olson explained that a request for a stop sign on Scenic Drive at Manzanita Street had been received from Patty Acklin. Olson outlined intersection details. Recommends that no stop sign be installed at this time, but Commission should reevaluate this within one years time due to the construction and addition of new subdivisions which will increase traffic volumes. Commission heard from concerned citizens on issue. Citizens expressed concern of safety and visibility. Parking on Scenic along the intersection causes considerably reduced vision for drivers on Manzanita. To compensate for the steep grade on Manzanita cars will accelerate onto Scenic while cars heading downhill from Scenic may not see the car pulling out from Manzanita, especially if there are vehicles parked along curb on Scenic close to the intersection. Would it be possible for traffic calming features to slow speeds and parking prohibition? Citizens realize that the addition of a stop sign does not slow traffic. Citizens are G:Dawn\Traf W pH198.wpd open to suggestions from Commission. Fine posed two questions to Olson: 1) Can Traffic Calming by Engineering Department create a better situation?; and if Engineering comes up with a possible solution would neighborhood be willing to consider different options and support traffic calming? Olson felt traffic calming would be appropriate. Laws suggested Commission make site visit. Engineering will do speed checks and study parking habits. Acklin volunteered to approach neighbors in the corner houses to discuss installing "no parking" areas in front of their houses. Action will be revisited next month with new information. Commission will discuss options at that time. 2. Westwood St. LID Plan Review Olson presented Commission with preliminary plans of improvements. Commission commented on the plans and reviewed concerns. There are oak trees present that may need to be removed, but Engineering is looking into options to save the trees. There is a slope on one side of the sidewalk that will require retaining walls of thirty inches. There is not enough physical room to install sidewalks with widths of five feet so four foot sidewalk is being installed. This also means there will be no room for a parkrow. Fine asked for traffic volume counts and future estimations. Information was not available at meeting, Olson will check and report. Believes the counts were less than 400. Fine questioned how the new subdivision traffic that will effect volumes within the next few years. This has been taken into consideration during Engineering process. 3. Oak Street\ Hersey Street 4-Way Stop Olson discussed the merits of placing stop signs at the intersection. Studies now warrant support of a 4-way stop. The accident rate of 9 since 1994 cautions that the intersection is becoming more hazardous. Recommendation that 4-way stop be installed along with dedicated left hand turn lane and patterned crosswalks. The installation of the stop and the turn lane will be conducive of future installations of a traffic signal. Signal is not planned for the next five years, but will be a future project. G:Dawn\Traf\Apri198.wpd A public meeting is scheduled for April 29 with the citizens of Oak Street. Preliminary plans of Oak Street are approved by Commission. Commission agreed it would be prudent to delay final approval until neighborhood has a chance to voice their opinions and concerns. 4. Ordinance Amendment Regarding Bicycle Commission Councilor Laws discussed the origin and details of this amendment and opened discussion to the Commission. Apparent disapproval was voiced by Commission members. Amendment raises issues regarding definition overlap, responsibility overlap, conflicting issues such as sidewalk planning and safety issues. Suggestion by Laws to have himself and Fine as represent the Traffic Commission to the Bicycle Commission to define respective roles of each commission. Laws will revisit with City Council to express concerns of the Traffic Safety Commission and explain the conflicting issues and recommend that a more extensive discussion be made to help clarify the definitions of each commission's role. 6. Community Grant Program Olson summarized the Mini Grant Program criteria. Olson suggested that the Commission consider applying for the grant to acquire four new traffic classifiers. Commission discussed the uses of the Delta I Traffic Classifiers as well as their cost of$1200 each. Four would be beneficial to cover the four lanes of an intersection. Classifiers are far more advanced than traffic counters by relating types of vehicles, peak hours and vehicle speed. Schumacher motioned commission to apply grant money towards the purchase of four Delta I Traffic Classifiers. Goeckermann seconded motion. Motion passed unanimously. C. FOLLOW-UP ON PREVIOUS TRAFFIC ACTIONS Olson listed actions from last meeting that had been completed. New Traffic Actions: Schumacher brought up concern over parking at the Headstart building on Webster Street. There is a yellow zone that is frequently occupied by the Headstart School bus and traffic is visually blocked toward Siskiyou. Could this matter be addressed. Laws commented that SOU owns that property and the Webster Street has been vacated. There are no G:0awn%TraMpri1 98.wpd regulations or control; it is a private drive. SOU has right to block traffic. Schumacher will draft letter to City Council for advice on how to address this issue with SOU. D. HANDICAP ISSUES - None E. TRAFFIC SAFETY EDUCATION COMMITTE 1. SOU Traffic Safety Committee No report F. EDUCATION COMMITTEE No discussion. G. GOAL SETTING - No discussion. IV. Informational Items 1. ODOT Intersection Study at Sisikyou, Lithia Way, Third Street Olson addressed time line and studies being conducted. Study will be complete by mid-May. Siskiyou crosswalks will be marked by ODOT with reflective paint, nothing permanent will be used due to the amount of construction work being done on road. VI. For Next Meeting: None. VI. Meeting was Adjourned at 9:07 PM. Respectfully submitted, law Curtis ub c Work Administrative Secretary G:Dawn7raMpril 98.wpd a :.y ASHLAND AIRPORT COMMISSION May 5, 1998 AT THE ASHLAND MUNICIPAL AIRPORT 401 Dead Indian Road MINUTES MEMBERS PRESENT: Chairman Paul Mace; Paul Rostykus; Lillian Insley; Bill Skillman; Alan Hassell; Councilor Alan DeBoer; Ken Ehlers; Marry Jacobson. Staff Present: Public Works Director Paula Brown and Dawn Curtis; FBO, Bob Skinner I. CALL TO ORDER: Meeting was called to order at 11:53 a.m. A. Public Forum: Request for additional agenda items 1. Mace introduced new commission members, Paul Rostykus and Alan Hassell. 2. Commission asked if packets could be mailed on the Thursday prior to the meeting. Staff agreed. II. APPROVAL OF MINUTES: Wednesday, February 4th, 1998 Minutes were approved with the correction to Clark Hamilton's name on page 5, which was presented as Hamilton Clark. III. OLD BUSINESS: A. Pending Projects: —Beamis/Sandler(Oak Street Tank & Steel): Brown informed the Commission that an appraisal of the property will be conducted and by standards set by the FAA, the appraisal will be approved by a.second appraiser. Appraisers have been contacted and the time frame appears to be 3-4 weeks before completion. Expect to have appraisal before the next Commission meeting. Mace reiterated that the Airport Commission had declined the property issue during a vote at the previous meeting. Confusion was voiced as to why the City Council was still pursuing this issue. Brown stated that the City Council decided to carry on with the appraisal to grasp an idea of the fiscal impacts and benefits to the City. Mace commented to Commission that he and Jacobson had discussed the option of not removing the acreage from the Airport Master Plan, but changing the zoning to M1-A for manufacturing and offering the property through Conditional Use Permits. If the property use is altered by future sales of business or property at that site, the existing Conditional Use Permits will become null and void requiring new owners to reapply for the CUP. Brown will contact John McLaughlin to assure that Airport Commissioners are added to mailing lists regarding this project. Mace pointed out that (G:airp\minutes\May 1998.wpd) Page 1 r in the letter from Jerry Trujillo, FAA, that the land must be appraised for the highest possible use. This subject will be revisited at the next meeting. —T-Hangar Development: Next Steps - Staff Report Commission reviewed the rough draft letter. DeBoer proposed that the hangar size be included into the letter. Discussion ensued regarding the hangar electrical billing. DeBoer stated that the billing will be a $5 flat fee for each month. Letter was accepted with additions of description of the hangars. Brown to sign the letter. B. Maintenance Issues: Staff —Fuel Tanks: Brown informed the Commission that the Bergeson & Boese preliminary report had been received, unfortunately she has not had the chance to review it in detail. The cost does appear to be more than expected. The expected $80,000 is actually going to be in $120,000 - $150,000 to achieve decontamination, to put in new tanks and to cleanup and disposal of the spill and contaminants. Mace revisited the decision for airport to install 3 compartment underground fuel tanks. Skinner questioned Brown on the possibility of above ground tanks. Brown will review the preliminary report but believes the report did not give options for an above ground three compartment tank; only for a two compartment. Brown will follow up with options at the next meeting. —Tree Trimming: We have targeted trimming for March 15th Brown quoted price of$10,400 from the contractor with the breakdown being $150- $200 per tree. Insley showed concern over the rise in price. Brown commented that the cost was raised due to the clean-up required by the contractors especially in and around the creek. Mace agreed stating that the riparian area is difficult to work in due to the changes caused by the flood. Insley raised the question over why the trees need to be trimmed if not all of the trees (Saunders) can be trimmed. Skinner was required by the FAA at the last inspection to trim the trees down to the required height so as to not encroach into air space. Discussion ensued regarding replacing trees at the end of Runway 30 with trees that will not grow as tall to cut the cost of these trimmings. Jacobson pointed out that the last tree trimming was done three years ago and did not include all of the trees. This trimming will include all trees, except Saunders, and the trees will be cut well below the required height to allow growth over the next few years. Hassell further explained that the shade is needed on the creek and at his property and that the time it would take to grow new trees is unacceptable. High Electric Costs Brown notified the Commission that the cost for Pacific Power to replace the meters is high. Suggests that waiting for the electric service to switch to City power to avoid the high cost. Insley questioned the rates of the new City electric. Brown said the rates will be lower but the bills will remain comparable. Brown will advise on progress of the meters at next meeting. Insley brought up the topic of the Utility Budget. Where are the funds allocated? Brown listed utilities as water, garbage and septic. Insley felt that the $8,000-10,000 allocated to utility funds was too much. Brown and DeBoer will get a breakdown of (G:airpVninutes\May 1998.wpd) Page 2 the costs and present it to the Commission at the next meeting. IV. NEW BUSINESS: A. Allocation of$4000 of Development Funds Collected from New Hangar Tenants Mace reviewed history that money was collected for development costs from new tenants. Previous tenants needed to contribute to the paving costs and $2,000 seemed reasonable for the new tenants. Mace remarked to Skinner that the contractors doing work on the new hangars had damaged the pavement during construction. Would Skinner please approach the contractors and request them to repair the damage. Mace also requested Brown to have Engineering inspect the new hangars as they appear to be below the grade and will inevitably flood from the runoff created by the CAP hangar. Brown will pursue. B. John Day Hangar Development Request Day suggested that Commission and he split costs of the installation of the utility lines. Discussion ensued over the recommendation for new hangars to be retrofitted for water and sewer service. Brown felt that the retrofitting would be beneficial to attract new business. Jacobson also agreed that this would be a good idea for future development of the sewer. DeBoer commented on the CPI Index and advised Day that the index is reviewed once every year and calculated at rk the CPI. Mace called the motion for approval of the proposal by John Day including the approval of sharing costs for utility lines. Ehlers seconded the motion. Vote was unanimous. Motion passed. Staff will meet with City Administration to discuss final approval and contracts. C. Grant Opportunities Brown presented summaries of the grants suggesting they be used for education uses. Mace suggested using them for airport education at the Airport Appreciation Day. Grants could be used for updating web pages, flyers and such. Brown will continue to search for other grants for use by the Airport Commission. V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport. Financial Report. Review of Safety Reports: Skinner discussed the safety and monthly report. Weed removal becoming an issue and suggested that sealant be applied to runways. Airport traffic was down due to weather. Suggested having airport mowed once more before Airport Appreciation Day. Brown agreed. Brown also suggested contacting Ashland Waste and asking if they would be willing to donate a dumpster to the airport for Airport Appreciation Day. Skinner will contact. Skinner announced that he has now become certified to perform maintenance on Hobson Helicopters. There is also a possibility of becoming a Robinson Dealership in the future. Construction of hangars is going very smoothly. New hangars are to be delivered May 6'". Hamilton suggested that barriers and warning tape be placed around construction materials for Airport Appreciation Day. Skinner asked if it would be possible to have fill dirt removed by Parks Department. Brown to contact. (G:airp4ninutes\Meeting Minutes April 1998.wpd) Page 3 B. Airport Appreciation Day - Clark Hamilton Hamilton brought up concerns of parking due to muddy conditions. Has discussed parking across street at a local church. All preparations have been arranged. There will be jumpers at 8 AM, a hot air balloon over Ashland in the early morning and four ultra lights present. VI. INFORMATIONAL ITEMS: A. SOREDI Grant Request Brown announced that SOREDI granted $25,000 for the sewer line installation for the 2nd year funding cycle. So it is approved to be approved. B. Goal Setting: Goals will be placed on the agenda to be discussed at the next meeting. C. Election: Elections for Chairperson and Vice Chairperson will be held at the next meeting. Interested parties are asked to contact Curtis prior to meeting. D. Meeting Location Commission will meet next month in the Council Chambers. VII. ADJOURN: There being no further business. The meeting adjourned at 12:43p.m. Respectfully submitted, Dawn Curtis Administrative Secretary Public Works Administration (G:airpvninutes\meeting Minutes April 1998.wpd) Page 4 CITY OF ASHLAND `7 Office of the Mayor tea. MEMORANDUM ~•�REGG�,. '�~, DATE: June 3, 1998 TO: City Council Members FROM: Cathy Shaw, Mayor d RE: REAPPOINTMENTS TO HOSPITAL COMMISSION I would like to recommend and seek approval of the reappointments of Mavis Cloutier and Mary Jane Tilson to the Hospital Board for terms to expire June 30, 2002. They both request reappointment. I did not feel it necessary to advertise for these two appointments as both Mavis Cloutier and Mary Jane Tilson have done.a splendid job to date representing the Hospital Board. CITY OF ASHLAND Office of the Mayor c - "EGG?.••••• MEMORANDUM DATE: June 10, 1998 TO: All City Council Members FROM: Cathy Shaw, Mayor RE: APPOINTMENT OF CAROL NEMEC TO AUDIT COMMITTEE I would like to recommend and seek approval of the appointment of Carol R. Nemec (citizen-at-large position), to the Audit Committee for a term to expire April 30, 2001. The attached resumes were received in response to the advertisement which appeared in the Daily Tidings on 5116, 5/18 and Revels 5121. A copy of the ad is also attached. Attachments YOUR CITY NEEDS YOU The City of Ashland has one citizen-at-large volunteer position open on the City of Ashland Audit Committee. Preference will be given to applicants with accounting or auditing experience, background or expertise. This volunteer position has a 3-year term which expires April 30, 2001. If you are interested in serving on this committee, please submit a letter of interest including your r6sum6 to the City Recorder, City Hall, 20 E. Main Street, Ashland, OR 97520. The deadline to apply is Friday, June 5, 1998. PLEASE PUBLISH: Tidings: Saturday, May 16, Monday, May 18, Revels: Thursday, May 21 Bill to Purchase Order No. 28192 CAROL R. NEMEC 1631 Clarke, #1 Ashland, OR 97520 C� May 20, 1998 1?6) Barbara Christensen. City Recorder, City of Ashland City Hall 20 East Main Street Ashland, OR 97520 RE: City of Ashland Audit Committee Volunteer Position Dear Ms, Christensen, Please accept this letter as my application for the volunteer position on City of Ashland Audit Committee. My present position is Assistant Professor of Accounting, School of Business, Southern Oregon University, where I include the course in governmental accounting in the courses I teach. My background includes all accounting coursework necessary for qualifying to sit for the CPA examination. My master's degree is an MBA, emphasis in Accounting, and my doctorate is a DBA in Finance, as my resume indicates. In previous years I have served on the El Paso County, Colorado, Electrical Committee as Citizen Representative, and have served on the Colorado Springs, Colorado, United Way Board, on the Priorities and Allocations Committee. Attached is a copy of my resume/vitae. Please let me know if there are any questions you would like answered—I will be happy to respond. Sincerely yours, Carol R. Nemec RESUME / VITAE CAROL R. NEMEC Assistant Professor of Business Southern Oregon University Ashland, Oregon 97520 Phone (541) 552-6719 Fax (541) 552-6715 E-mail nemec @sou.edu EDUCATION Bachelor of Science, Sciences, 1963, Illinois Institute of Technology, Chicago, Illinois Masters of Business Administration, Accounting, 1980, University of Colorado at Colorado Springs Doctor of Business Administration, Finance, 1995, Southern Illinois University at Carbondale Dissertation title: "Executive Plurality" Relationship with firm Financial Performance, External Regulations, and the Role of the Board of Directors" PRIOR Visiting professor (1 year), full time instructor(2 years), Southern POSITIONS Illinois University Carbondale Graduate teaching assistant (3 years), Southern Illinois University Carbondale Accountant II, Assistant to the Bursar (4 years), Western Illinois University Financial advisor and small business consultant(6 years) Financial Specialist III,NCR Corporation (2 years), Colorado Springs, Colorado Financial Manager/ Owner, ElectroWest Inc (7 years), Colorado Springs, Colorado COMMUNITY Director of Finance, State of Jefferson Council, NAIC SERVICE Regional Building Department, El Paso County, Colorado (1983- 1986), Electrical Committee; served as Citizen Representative Community United Ways Priorities and Allocations Committee, Colorado Service (continued) Springs, Colorado (1980-1982) National Federation of Business and Professional Women's Clubs, Carbondale, Illinois, and Macomb, Illinois Community Resources Speaker, School District 11, Colorado Springs, Colorado(1980-1986) Volunteer Income Tax Assistance tax preparer, Colorado Springs, Colorado(1979-1980) Alumni Board of Directors, University of Colorado at Colorado Springs (1984-1985) Designed and taught course in small business management for adult education, Parks and Recreation Department of El Paso County, Colorado (1982-1985) PUBLICATIONS "One Hat Too Many: Key Executive Plurality and Shareholder Wealth," with Dan L. Worrell and Wallace N. Davidson III, Strategic Management Journal, Vol.18:6, pp. 499-507 (1997). "The Influence of the Board of Directors and Financial Performance on the Incidence of Executive Plurality," Corporate Governance—An International Review, Vol. 4, No 1, January, 1996, pp. 11-20, with Wallace N. Davidson and Dan L. Worrell. "CEO Duality, Succession-Planning and Agency Theory: Research Agenda" ," with Dan L. Worrell and Wallace N. Davidson III, forthcoming, Strategic Management Journal, (1998). /O 31 PA R i•oR�g7SZa RECD JUN - 21998 Asr� LAND, 53-2-025 1 (206) 632 - 72iD (fee?��le, �nt c/uN� 2 (�ECoRoJ5f? Ctr`( Ot ASHLAND mA`l 31 , ""76 2D l% MA)N STPj--P-T AsHLANA olz 973 vJou�D 13a Wi LC + NG TD sZFRVE 62A, Ti/E GiT/z2JJ-A!^Lfli'G1= VGA uM > R PosiTtmN AUD/T c4MV4i7-7%5 FXaiRirlFr j4 -30 -2001- Racawr'LY RE'r1 R>=D AS PROF ssOR �/= MAAJ4GE '!EM/i MANKA'TO STA-'E UNiJ)SRSl7'Y, MANKATa/ M/ z'A . M`( PR i MARY T-EACr//NG WAS 1,V 7-11-6 t�rJsivB�s - rat 1�1/ Coo 11855 GRAPVATA AND Urrp�PG2ADtiA-rE. / Th/S Coves IQBQUtpar) ST> Pp5;,J SY)S -- �MA'7ICAi-i-� �V 4LUATE L3(J5iM S A/Jp oTNF_P Tfi/'F-S GF 02CrAIViZ.4T/DNS TD UP1YS0>t1=R PR.ff�BLFMS A/JD r"R©PE)SF �OLi1 T�D/VS . FJN.�NCIAL ANALYSiy WAS AN 'NToGRAL PART D/= T. /= OROAnr)zAT16AtAL AN A t, -t S'1S. MY IJNViER C-RADVAT,C WDRK WAS DoNF RT i>tT- UNN✓✓RSi 9 t= W A 5�!/rFG T eA/. ' /�✓ATrI c R Tt>D�Al T' /}/Uf -R= 7-/A=I? FOR AGAt> Mtc No�vs.�s IAI Acenc��iT/NE, A� 1%4 FM13CR taF Tt/>= ACGOU/V'T'M6/ NZJNGRARY SDc'iG; My M O A Da G R F C IS' A LSO p E WAS ii /NGT'aN MY pl-ID /s /=ReDm OCLA . MY 13U5/Nr--.S-S' WAS iN RRILRGb4D//JG AND AS +R A F F/ C MA N AGER jl�0i2 4',C-ZM,4�NT MA-NUrACTUP•%RS .Z fi Alice I AL)Cr-H 1 AT' o cL-Ai ARIzo VA s'-rATfi UrlIJI=PSi t l i f-'Otz i LAh}l7 �TATr_ DNIV/-R�! 'T'y U/V'/V�G�iTy Of ADELAlD1= (s&O- 'M A•us'TRALiA),,4vDN1A/VkA -MSiAi 1500YERSiTY HAVE wh'i T TAN rl.XT-s' iN ORCrAN1zA-T/�?NAL AA1ALYS'IS f1ND ARTICES /N �DU/�'NALS• f/l� Vr AL5�) D,pAic CZjNs'ULTilVE4 WCIRK GN TriE W' STf--OAST M11>117i AND 1qUsTR79L 1A S WaULD c3E PL �i9SEO 7'pACCEP% %fj/SASS/GNMEN7 I F VD U t- 8 Ei L M Y i3fjCIGG/?o[9MD w eu LD .0 - APPkQoPR/h7l6 W$ HAVF- POP D A 1N ASNLAxD f�Li=.4�c7 w• .SC//o�rVdVr9UE>� loom Howard W. Braham 1345 Romeo Dr. ------------------------- P.O. Box 1064 Ashland, OR 97520 (541) 482-7117 Education • PhD - The Ohio State University, Columbus (Environmental/Conservation Biology), 1975 • M.S. - California Polytechnic State University, San Luis Obispo(Marine Biology), 1972 • B.S. - California State Univ., Los Angeles (Criminology/Police Sci. &Admin.), 1966 Professional Employment,Appointments and Administration (permanent positions) • Director, National Marine Mammal Laboratory,NOAA,Seattle(14 yrs.,retired 1997) • NOAA Fellowship Advisor,National Research Council,National Academy of Sci. (18 yrs.) • Chairman, U.S. Gray Whale Endangered Species Act Task Force(3 yrs.) • Steering Committee, U.S.-Russia Environmental Protection Agreement,Area-V(16 yrs.) • Board of Governors, Society for Marine Mammalogy (Membership Chairman)(4 yrs.) • Vice-Chairman, U.S. National Humpback Whale Recovery Team (3 yrs.) • Chief U.S. Scientist and subcommittee chairs, International Whaling Commission(13 yrs.) • Police Officer,City of West Covina(CA) (4 yrs.) • Real estate salesman and appraiser(CA)(3 yrs.) Community Activities • Coach,girls fastpitch softball,Ashland Little League(OR) • Member, Sex Equity Commission, Seattle Public Schools (WA)(I yr.) • Board of Directors, Seattle Aquarium Society(WA) (3 yrs.) • Coach,junior soccer program,Bellevue(Kirkland Boys &Girls Club(WA)(I yr.) • Coach,boys hardball,West Covina Little League(CA)(1 yr.) Teaching and University Affiliations • Adjunct Professor, Department of Biology, Southern Oregon Univ. (OR) (vote pending) • Affiliate Assoc. Professor,College of Ocean&Fishery Sci., Univ.Washington(18 yrs.) • Research Associate, Argonne National Laboratory, University of Chicago(IL)(2 yrs.) • Graduate lecturer,Department of Zoology, The Ohio State University(3 yrs.) • Research Associate,U.S.Fish and Wildlife Service,The Ohio State University(I yrs.) • Instructor,Department of Biological Sciences, Cal Poly(3 yrs.) • Math teacher and Head Coach, Burke Junior High School (CA) (I yr.) • Substitute teacher,West Covina Unified School District(CA) (4 yrs.) Publications and Other Support • Authored over 125 scientific publications and technical reports(about 75 peer papers) • Generated or supervised work on more than $50,000,000.00 in Federal and private dollars • Worked with Congress and policy advisors on helping to enact Federal legislation • Sat on or advised more than 100 committees, commissions or working groups (over 25 yrs.) • Visited or worked in 45 U.S. states and 15 countries Recognition and Awards • U.S. Department of Commerce Bronze Medal (for recovery of the California gray whale) • Unit Citation and Certificate of Excellence(in response to the Exxon Valdez oil spill) • Distinguished Alumnus of the Year, California Polytechnic State University • NOAA Administrator's Award(for excellence in science and management) ec{•off"o�ys CITY OF ASHLAND - h Office of the Mayor • O REGO�,.'� MEMORANDUM DATE: June 10, 1998 TO: All City Council Members FROM: Cathy Shaw, Mayor (,j RE: APPOINTMENT OF NORMAN MILLER TO SENIOR PROGRAM I would like to recommend and seek approval of the appointment of Norman Miller to the Senior Program for a term to expire April 30, 1999. This position was created by the recent demise of Matt Kocm!erosk!. The position was advertised In the Daily Tidings 5/11, 5116 and in Revels 5/14. A copy of the ad is attached, along with Mr. Miller's letter of interest. Attachments YOUR CITY NEEDS YOU! [before ity of Ashland has one volunteer position on the Senior Program Board. acant position is for a term that will expire on April 30, 1999. are interested in being considered for this volunteer position, please submit equest in writing to Mayor Catherine Shaw at City Hall, 20 E. Main Street, Friday, May 29, 1998. PUBLISH: Daily Tidings, Monday, 5/11 and Saturday, 5/16, and Revels 5/14 Bill to P.O. No. 28188 HAT S 1990 ------------------------- f174-ke, OOZY 'e, 17� City of Ashland :�` � City Hall ' OREOOP .. City Recorder's Office 20 E.Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 (far) June 3, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Susan Powell for a LIQUOR license for an ESTABLISHMENT, Pilaf at 10 Calle Guanajuato, Ashland. OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. Respectful/ submitted, Barbara Christensen City Recorder olirt PPpttz#ment 1155 E.MAIN ST. ASHLAND,OREGON 97520 Phone(541)482-5211 �arME ® June 4 , 1998 SCOTT FLEUTER Chief of Police TO: Mayor and Council FROM: Scott Fleuter, Chief of Police SUBJECT: Liquor License Application Application has been received from Susan Powell dba\Global Pantry World Food Company for a LIQUOR license, for an ESTABLISHMENT located at 10 Calle Guanajuato Way, Ashland. A background investigation has been completed on the applicant and approval of this application is recommended. SCOTT FLEUTER CHIEF OF POLICE MC:kmh City Council Communication June 16, 1998 Submitted by: Jim Olson A,,d / Approved by: Paula Brown Approved by: Greg Scoles Approved by: Mike Freema Title: Requests for termination of three City easements. Request: The Engineering Division has received three requests for termination of easements previously dedicated to the City of Ashland: 1) Martha Schwarz is requesting termination of a very old City pipeline easement in the vicinity of Corp Ranch Road near Emigrant Lake. 2)Alan Armstrong, 720 Forest Street requesting termination of a public utility easement easement established on Lot 1, Block 2 of Park Estates Subdivision, Phase I. 3) Bob Sullivan requesting termination of an easement that was created prior to the formation of the Blossom View Subdivision. Summary: A query was sent to all utility companies including US West, TCI Cablevision, WP Natural Gas and City Electric Department and Water Quality Division for requests 2 and 3. For request 1 only the Public Works Department was contacted as that easement is much more specific in its use. No negative response to any of the inquiries was received. None of the requests adversely impacts transportation circulation or pedestrian travel. Recommendation: Staff recommends approval of each of the three requests and that authorization be given for the Mayor and Recorder to sign the three quitclaim deeds (attached). Background Information: See attached sheet for a summary of the action and the letters of requests, maps, etc. G:Dawn\engineer\Easement\Termination Request to Council for Schwas,Armstrong,Sullivan Easement Title: Requests for termination of three City easements. Background Information Attachment: Request 1. Martha Schwarz termination of a very old City pipeline easement in the vicinity of Corp Ranch Road near Emigrant Lake: In 1915, the City of Ashland acquired from W.R. and Ophelia J. Kincaid an easement to construct a pipeline for the purpose of carrying water or gas. The easement was described as being over the north half of Donation Land Claim, No 44 as then staked out on the ground (see attached instrument recorded as volume 109, page 201 of the Jackson County Deed Records). The north half of D.L.C. No. 44 contains 55 acres and covers portions of 15 tax lots. The Schwarz lot is at the extreme northerly end of the easement area. Without a more definitive description of the easement, the title companies have no option but to include the easement encumbrance in each of the lots in the 55 acre area even though there is nothing to indicate that the easement is on the Schwarz lot. In 1910, Ashland was referred to as the "Athens of Oregon" and "Saratoga of the Pacific Coast" and was well on the way toward making a name as a respected health resort area. Numerous types of mineral waters were available in Ashland, piped from various locations in the surrounding mountains. It is believed that the easement was acquired for the purpose of transmitting mineral waters to the plaza much like Lithia water is today. The pipeline, if it was installed, has long since been abandoned. If there was a mineral water right that supplied the pipeline, it to would have been abandoned as water rights are voided after five years of disuse. The easement would be difficult to re-establish and could only be done if the original pipeline were found intact. No record could be found in the Engineering files of the construction or actual location of the pipeline. Request 2. Alan Armstrong, 720 Forest Street requesting termination of an easement established on Lot 1, Block 2 of Park Estates Subdivision, Phase I: With the recording of the first phase of the Park Estates Subdivision, a ten foot wide public utility easement was recorded across the north ten feet of Lot 1, Block 2. The original intent of this easement was to provide services, particularly sewer services to Lot 2. There is also a ten foot wide public utility easement along the south side of Lot 1 which provides further utility access as does Cascade Street. Lot 2 is also a flag lot running to Forest Street with access to that street as well. Sewer and water services were actually provided from Forest Street not Park Street. Recently, a boundary lien adjustment was approved which moved the north line of Lot 1, 21 feet southerly for the benefit of the lot to the north (720 Forest Street). The easement location now interferes with the Armstrong's future development plans. See attached maps. Request 3. Bob Sullivan requesting termination of an easement that was created prior to the formation of the Blossom View Subdivision: Prior to the creation of Blossom View Subdivision, Bob Sullivan processed a land partition to segregate out the property lying outside the City limits and his existing homesite. An easement was created to provide ingress and egress and utility access to his home. Blossom View Subdivision will create new street right of ways for utility and vehicular access and the previous easement will no longer be needed. Attachments: Letters Vicinity Map Easement Maps Quitclaim Deeds G:Dawn\engineer\Easement\Termination Request to Council for Schwarz,Armstrong,Sullivan Easement f N M 1 7 I [(7 1D 1 n 00 01 1 • tart :a:d: :at: ::: a: ea9 8 4 t3 1 : 1 7 :3 3 9:!:r ]aaaD:: 3 2[ aa •S ^-stria . 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[: •J e [ T'3S- ! 7 { , : ia P: � flasa q ids $ � i�:l i ! !l �� i ' i �Igf [ P } � PPyiY3� iililiCd � _ � _� rr :aaa : :•a: :c t::: : a ; ccae :ccatc : [ : :a :a: as :\ � �. \�� .dl- iX° t Pi�{al l aa • a � l1fA •Stile lYCi@ 1 ,` , - / /' \� _ 599y71 ; y� ,. �y¢ , �S # 1fi�4� sti � 4lfi �JtaalaaaaY — '\ — .- . - . : ir.s a:a s : a: : cc: : �• . -- ° -- a a i311`t — � r — a : ! iii I raaaaa aaaa: a : r 44 ci lF�l, GZI � p � O-., ) h jai f i - ililidd41J�3i � •!4 r[ w !� — V , �. _! _ ,Ill , � • _ w /, ! .F / ! ..1 / • 11•.. a— a le ict: . taia : : a�,�.l, i�- s , _�3 ��' • � _ _ ss :fgrsl;ii; gam e m ` fir..• i � il .�`• , iC:iEHb3L:d6� ? i fl] f —\ •i—• `+-, �_ IrreO: a : a:e::r 1: : : 0 : -: ! � ` "'�.f...�c=' / ... P ' '' - 1 . 1 ! 5 E1. 1 • c- � a:P 3A l - ii . �71l 1 � 13.39��� S49;iaii� ila ! @dl93[ saaaa : : a I N I M d' I In I to I r\ I 00 I I TO: CITY OF ASHLAND FROM. MARTHA SCHWARZ REFERENCE: SCHWARZ PROPERTY- THEN ACRES OFF CORP RANCH RD. TAX LOT 2104. 1 REQUEST THAT YOU TAKE THE NECESSARY ACTION TO REMOVE EXCEPTION 1 SHOWN ON THE ENCLOSED TITLE REPORT OF SUBJECT PROPERTY. THANK YOU, MARTHA SCHWARZ�M DATE a •�4? 'd LBZ8 bs8 OQ9 T 03 7NIavNi CNaalf1 wv ST : IT 86-9Z-N4t1 ' a4 100 —a- L .• % 'kw . 9• 0 . 1501 n. ALP ... '-` ` ° 117 nr 120 I •, ' ^ 505 Q°,c Q ;¢t e 115 .. . 1900 .•.'.4.�° . 116 / 90 102 s °F S nor .. : ,. \101 2105 . .r 18 cou. 2109 zo 112 .114 low 116 119 i 29 •'.Y %nn NORT ALF 1 120 RS fi00 D.L. NO. 44 �•55 . 905 R0 `e,.....,. - Z02 vi : 1 121 100 iv'finEFU +'~ ••'�•'pi-G '9 e.M 1]00 • •.r -L , 106 r _.. i0 • • lfl r•, rya �Z� _ � _ _ _ .. t]01• 117 ,± q ... .,x ,;1400(. / •1• 105 5 - 4 EFU �+ D.L.C. BOUNDARjY Mc 44 . .+" 4b Y 125 n e /04 + 109 (P 1264 • '^ I (O-6x46 _ •111 203AC n loll TE, 0 I 116 ? • (rw•a) +• I10 <,,i°• REQUEST FOR EASEMENT TERMINATION Q VOLUME 109, PAGE 201 CITY OF ASHLAND, ENGINEERING DIVISION REDUCED SCALE JUNE 2, 1998 f Ve 10?-201 A'ie.i,�/ /a•.'ar,r-rf a'Illry r/ 6Fi•r,v, , .. • r . ,..h;v.bp r4.,r,n•;..i�. ..... W. R. KINCAID. ET U__ _.. I mrnr •J rnrrrmr .... .......d •nd /i'••; /..• 7'0 ... .WAY—__. .. _ l 9 d.l.,rFA Jf..,.+r!. 1-'h Considrrrr(ipn I'Fry'./ July A. D. CN S C:euncoy Floroy ..f..•..r..r CITY OF ASHLAND .S_..-1.00 .._ I /fu n.mrrn DEED OF RICBT OF WAY FOR PIPE LIfiE: THIS INDENTURR WITNES3ETH: That we. W. R. Kincaid and Ophelia Jana Kincaid husband and wife. of the County of Jackson and State of Oregon, for and In consideration of the sum of One (.j1.00) Dollar, and other good and valuable consideration to us paid, have granted. bargained and Sold, and by these presents do grant, dedicate. bargain. sell and convey unto f the City of Ashland, a municipal corporation of Jackson County. Oregon, the right, ennenent ltt and privilege to it, its officers, agents, employees and assigns at all reasonable time" hereafter, doing as little damage to the premieaa as may be to enter upon•construct, repair lay and maintain a pipe line for the purpose of carrying water or gas through that aortior. I of the Borth half of D.L.C. No. 44 in Township 39 South, Range 2 East of the Vlllsmrtte Meridian, the aourae of which SS approximately an awe is now Staked out on the ground. I I Provided. however, and this grant is upon the express undoretarding ant agreement be- i tween the grantors and the grantee that any such pipe line. as aforesnid. shall be laid at such depth, not lees than 24 inehes., in the ground as to in no way Interfere with the free f use of said premises by the grantorso their heirs executors, administrators or assigns. }7i7i7i Provided, further, that say damage to fences or crops in construction and maintenance of such pipe line shall be paid by the grantee to grantors. their beira or aeeigna. TO HAVE AND TO HOLD the Said easement auto the said City of Ashland. Its successors in Interest and assigns. So long as the Same Shall be need for the purposes aforesaid. And the said W. i.; Kincaid and Ophelia Jane Kiaosid, husband and wife, do hereby cov- enant to and with the said City of Ashland, its successors in interest and assigns, that they are the owners in fee Simple of said preeiaee, and that they have a go-S right to t grant the easement across the Said promisee as aforesaid. IB WITNESS i°Ffe:RP.O e', we have hereunto set oar hands and Seale this the 20tb day Of Anril. A. D. 1916. W. ,I. dlnoald........... 90 s1 Executed In thw presence of. Ophelia Jane Kincaid.....Sen1� O. H. Yoe C. R. Lamkin STATE OF OR.:GOB Be. COUNTY OF JACKSON I On this the 20th day of APRIL. A. D. 1916, personally came before mw, a pnta.y Publin to end for waid County and State. the within named l'. Kincaid and Ophelia Jane Kincaid, buebund and wife, of said County and State, to an personally known to be the identical persons described in and who executed the foregoing iaetrument, and they acknowledged to ms that they exeauted the Same freely for the used and purposes there- in named. TITNESS MY hand and official seal this the day end year first above in th le my a rtifl- 1 oat& written. ti C. H. Yea ! t Notarial Beal of Rotary Public for Orngon. rnalding In Ashland. )! G. H. Yea. My Commleeion Expires August 4, 1916. ! Doo"antery Stomp 60} 4/20/16. • r Paul Ne.rn—ODI[CL.IM 0.90 Ilndluldual.r p......I.,. QUITCLAIM DEED rrLl KNOW ALL MEN BY THESE PRESENTS, That.....T.HE...C.I.I.Y....QF...ASH LAND..A...MU.N.IC.IPAL ....... --COR.P.ORAT.I.ON...OF.... ACKSON._0 00N.I Y.,....OREGON......_....._..........................._.., hereinafter called grantor, for the oration hereinafter stated,does hereby remise,release and quitclaim unto.....-THE...OWNE'.R.S.,OF.......,:, I� ..........R RECORD. .. hereinafter called grantee,and unto grantee's heirs,successors and assigns all of the grantor's right, title and interest in that certain red property with the tenements, hereditaments and appurtenances thereunto belonging or in any- wise appertaining,situated in the County of..J.dtk son............ State of Oregon,described as follows, to-wit: Ij That certain ease,emt created by instrument recorded July 16, 1915 in '! Volume 109, Page 201 of the Deed records OF Jackson County. Oregon, said easement being located in the North Half of D.L.C. No. 44 in Township 39 South, Range 2 East, of the Willamette Meridian, li in Jackson County, Oregon. I NF"ACE INSUFFICIENT,CONTINUE OUCRIPTION CN REVERSE SIDEI To Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,stated in terms of dollars,is j................... . MHowever, the actual consideration consists of or includes other property or value given or promised which is the whole consideration indicate which The sentence between the symbol.O,If act applicable,should be deleted.See ORS 93.010.) ,.,lot h flu �• In Construing this deed and where the context s0 requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof,the grantor has executed this instrument this..............day of._............................_.. ._,19..__..; if a corporate grantor,it has caused its name to be signed and seal affixed by its officers,duly authorized thereto by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE. ..........I......................................................................."-""-"'-""" I. SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND City Of Ashland USE LAWS AND REGULATIONS. BEFORE SIGNING OR 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. ...............................................-........-............................ STATE OF OREGON, )) STATE OF OREGON,County of.. )a. County of...... ......................................._..........) ............_._._._.._._........................ ._..19._.._...__.. ......................................._.................19......__.., personally.,peered..............._...____............................._. _. and Perun.11y .,peered the above named ..................... ................................................................................................who,being duly sworn• ................._................................................................................... each for himself and not one for the other,did may that the former is the ................................................................................................... ......................................._............................Preddenf and that the latter is the ' .........._..........._......................................................................__ ............................................._...........................seaefan'.1.... ........... _.... _.. .... ................. _end .ck.meledge l the foregoing imfrv- ..... ...._...... ........................ . .corporation, v y act and deed. and that the ud aIfi.d to the foraging i uhument to the I......t.col manf to 6e...................................... o/unbr of amid cer Before me; pordion and that said instrument at i. cord o mitred mod sea d in be- it OFFICIAL tall 01 said ceadged im by otme authority of ib board of directors;end each of II ( them Before me: said Wrrum.nt fob ib vDlmary act and dead. Notary Public for Oregon .........._........._........_................................__.............._. (SEAL) MY<oalndsslon s+pirss: Noary Public for Oregon My commiWon a.Pires. fit....1.ul.r..n.:u...11 i� STATE OF OREGON, I . ... .... ....._. ....... ss. __._ . .. .. County of ....................................... .....aneNrowa xnNC... .ND A0011[ea � I certify that the within instru- ---- ment was received for record on the I __ _.._..._ ......_ ........ _-._.... ..............day of ............................. 19......... I� __..___._._..__......__............__.. ......___....._.._. at............._._..o'clock......M.,and recorded e..nnre n.NC.xo.00.m - _ vets.uuv[D I; aNw rnWl. in book/reel/volume No..........._. . F nHm 1., Ipll -.-...... .� n .[eo.00we vez Page....................pr as document/lee/tile/ . ' ...._.___._.._._..........................-....._........_.._.......__._........_.._...._ _. ........_...._..... instrument mittofilm No. ............_._..., ,- ...._.................................._......__..._.. Record of Deeds of said county. it ......................_......_.....__.... N.xe.00.....[I.`"_..._......__.__....._....._._.__. Witness my hand and seal of con.a,sa.N neewrr.n Ice nm.eaN cell be w 1.see f.Il.wla,edit.... County affixed. _._........ _.. .._ __..... _._ _ ........ ................ _ (, n... _. . ... ..._..._._..............................._.........._........._...._ By .... P ................................. .........._..De of Y March 16, 1998 To: Jim Olsen, Engineering Division, City of Ashland From: Alan Armstrong and Victoria Sturtevant, 720 Forest St. Re: Quit Claim Deed We request that the city vacate the easement on the north side of our tax lot 2200. Attached is a map with the said easement highlighted. 39 IE 9DC NW- NE- SEC. 16 T.39S. R.I.E. W.M. EASEMENT TERMINATION 39 1E 16AI REQUEST NO. 2 - -- STREET - --- NWT CO IB0 110 1600 60 e 50 4QO 300 1200 100 •1I 1e' 1 16q �, 70pe,rar W z W 120 `1100 100 1400 (� 1300 0154 024A[ �14D1 `\ 1•z , \ OSA. FOREST,­-- z STREET 2300, ,e 2400 a. °- .,.. �-- 29 ' a. 2600 2100 6$2 �Z0 d' `2900 W '• �dcst raic5'f O " 2200 I _ �0' s° � r- 2�1". N ' 600 2218 . :_ 300 2� I` , - ••� P••I` CLARENCE„ LN. .^� 5 - 2202, 2203: I _.1 ; 340D (' 2217,,, 2Q03, 4pg• o 3 - n .., I a .. ,«........ ,......._..i w '.CASCADE STREET- .L — -le I o.le4c A. as .2210• IP41M) 02. •' v° Y 2205 .. ..1 3300 n24i5µ.,ms, I 03 3302 up W 3405 1 3400 evac 2207 ii ir R DUCE `n D SCALY I 2214._2 PARTITION PLAT i — -- NO.P-40-1990 1 *7 f (P-42046)) i f22f)B 1 lK ozo4 2209 ^`•x ..�w1 r'� . 10154 4x4 � I ;i 3500 2213 2210 r 22,2 7 O36N 0404 I PARTITION y 0� PLAT NO P-49-1990 I IIP.20771 \I 39��IE Y`I6ACP , .�,. • ',,r Ntl . rC7-Arcc ' aunc'c r .. LAND PARTITION SURVEY PARTITION PLAT NO. Property Line Adjustment Located in Lot 7, Bfock 2 of PARK ESTATES, PHASE 1 A PLANNED COMMUNITY, and in the N.E. 114 of Section le. T. 39 S. , R, l E. , N.M. City of Ashland Jackson County, Oregon t for ALAN ARMSTRONG. at eI J 720 FOREST STREET ASHLAND, OR 975ZO w ° FOREST h --—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—- 5.00 5.00 0 M1 ...... . 140.17 h ....................... 06.44 i w ................. 93.73 VV 91.05 !DR 921 a�gr..... .� o PARCEL 2 D.9 ADJUSTED TL2400 j 11105 SF t �4 I 20 i DOG.* ORJCO. PARCEL 3 ADJUSTED TL2300 0l 00 6640 SF = o ?W n o z� cI °o°o OOC.4 ORJCO. 6.3 ° NOOSE '. 'ab o b °M 3I h n IN N i GARAGE 20 ED ° w n N M o ...... 759'I5'E 91.00 !DR 91.001 C , DECK S. 3.1 77.16 c 5.•' '..7Y;#:d�s%>`.'^c;".';"='S'e:lo' Pu ..xxksfn{s• o T ADJUSTED PROPERTY LINE N N6ff59'45'E 95.91 i o S � v o -41 O W o 4 PARCEL I I Z Io ADJUSTED TL2200 < ,°� r'V�L�eVO!' DOC.- 6059 SF !(p`!" P: ORJCO. V i 13.5 b ti zI 0 REDUCED-SCALE o 97.11 (97.301 0' IUE PER IEPI 1.1 05.91 !96.001 07 T11 NITIAL H8758,51'W 193.13 DINT ?00. 23d0 d 2400 lNS759'45•W Ie. ,�� ...__.., - _ _ ____ FORM Na RI-OUROWY DEED PnChWUl w e•,pw•.), eo"Ro"'. .TryExµrye Wyyyyypp y,pppnµp,Op ptµ Na STATE OF OREGON, _CITY QP_ASHY-HA__-------"'-------------------- County of------------'°---°------ } as. -ASHIAND_CITY_IiALL__________-- -------'-------- _ASHIIVM_OR rsm-'_ ______________________________ a sanity that the within instrument al.m•..x.m..Re Aaan•. was received for record on the ______ day _AEMSTBOM._£L_AL------------------------------- of-------------------------------19_____,at _71a_FDRES.T_ST----------------------------------- -----------o'clock------M.,and recorded in -ASHLAND._OR_3752,0__________________________-- book/rcel/volume No. ___________ on page mum.'.xum An. ­sspaa w. w.aa� .ran: SPACE RESERVED _______________ and/or as fee/file/instru- ' Fon ment/microfilm/reception No. ____ _502,_SON_lN__5T CC_TlTGE_JI @01.358q RECORDER'S USE ' _902_[1_MAIN_ST__________________________________ Records of said County. Witness my hand and seal of County U"Y I.sweM e11Y,Nlu.s.ne.0 Iu.ulanMU Y alum,Aeb•aa,aph affixed. _PA_C_H_ANGE----------------------------------------- ____________E______________________T____ILE_______ NM ________________________________________________________ BY---------------------------------Deputy. QUITCLAIM DEED KNOW ALL BY THESE PRESENTS that_CITY_OF ASHI.ANDa a_fninicipal_corporation hereinafter called grantor,for the consideration hereinafter slated,does hereby remise,release and forever WEAN_ARMSTRONG,_VICNR - , 4ticlaim unto__________ IA_SW _CAOL E. STUR1LUANr and BRADFORD SUEVANT hereinafter called grantee,and unto grantee's heirs,successors and assigns,all of the grantor's right,title and interest in that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining,situated in JACKSQN_______________________County,State of Oregon,described As follows,to-wit: All right, title and interest in and to that certain public Utility easement, 10 feet in width affecting the north line of the Grantees real property as described in Exhibit "A" attached hereto and node a part hereof, as set Cut on the recorded plat and dedication of Park Estates, Phase 1, a Planned Unit Development. OF SPACE INSUFFICIEM,CONNATE OESCRJF ON REVERSE) To Have and to Hold the same unto grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,staled in terms of dollars,is s---tbmq---------------0 However,the actual consideration consists of or includes other property or value given or promised which is 0 part of the 0 the whole(indicate which)conslderationA(t'he smumce bmt cn the symbols b,if am applicable,should be deleted.See ORS 93.070.) In construing this deed,where the context so requires,the singular includes the plural,and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF,the grantor has executed this instrument this_________day of_____—A!De-----------1S198__;if grantor is a corporation,it has caused its name to be signed and its seal,if any,affixed by an officer or other person duly authorized to do so by order of its board of directors. CITY OF ASHLAND THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN ______ _ _____________________ THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU- byr Z`d}]j0iine i;olden_' -Ffayes LATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES 6y SEIY a_ Chrisfen'sen,- City-Recoi3er AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. STATE OF OREGON,County of------Jackson___________________)ss. This instrument was acknowledged before me on_______________________________________19____, by____________________________________________________________________________________-_____________. This instrument was acknowledged before me on_________one______________ 1998- by CATHERINE GOLDEN_and_BARBARA CHRISTENSEN_______________________________ as _Mdyx34_dUd_C.LYY_ c44Ller--------'----'-----"------__'___""--------------"'-'- of---C-ity-Qf_AShadnd._a_rnlnigipal_�rporati0n_______________________________________ __________________________---------------------------------------- Notary Public for Oregon My commission expires_________________________________________ 78527 EXHIBIT A Beginning at the southeast corner of Lot 1, Block 2 of PARK ESTATES, PHASE 1, A PLANNED COMMUNITY, according to the official plat thereof, now of record, in Jackson County, Oregon, said point being the initial point of beginning; thence along the south line of said Lot 1 , North 89 058 ' 51" West, 95.92 feet (record North 89°59154" West, 96.00 feet) to the southwest corner thereof; thence along the west line thereof, North 00 002141" West (record North 00°02 '24" West) , 105.00 feet to the northwest corner thereof; thence along the north line thereof, North 89 059 '45" East, 14.74 feet to the southeast corner of that tract described in Volume 412 page 323 of the Deed Records of Jackson County, Oregon; thence along the east line of said tract, North 00 002132" West, 100.09 feet (record 100 feet) to the south line of Forest Street; thence along said south line, North 89 059145" East, 88. 12 feet to the west line of Morton Street; thence along said west line, South 00002132" East, 100.09 feet (record 100 feet) to an angle point; thence continue along said west line, South 89,59145" West, 6.95 feet (record 7.00 feet) to an angle point; thence continue along said west line, South 00 002141" East, 105.04 feet (record South 00 002124" East, 105.00 feet ) to the initial point of beginning. (Code 5-01, Account #1-9361-7, Map #39JE16AB, Tax Lot #2200) (Code 5-01, Account #1-9363-3, Map #391E16AB, Tax Lot #2400) ' Dun G« j `W. �0Eni E4 w°�1Om 05 Qui D ¢ ¢:U ¢k.Cc;to i io " >nt ]w as CO \l c ad aCy0 nan-c•C • a > c ¢ ¢ • Ep] Q]•C •h[+ C < 004 t o 0 U ^n�[.[. ] 0• ] 0 \b ` 10013 0__ . QV"00000.6 - n,0 C+D n0. to c oii ]Ew L' ah • a \ •••D.-. o¢•¢•\ . 0 0.0 Oa [ Q o°rn B' U 'G• •• E+>b+ Eua \q O C000OUna L•.0 ^]• Dc yt0•n 1M1' >•C.. 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No. ___________, SULLIYAEJ_____________�____________________________ PECAPDEPSuse Records otsaidCounty. 515._SHESjDAS SSE_____________________'"____" __" Witness my hand and seal of County ASHLANR_QR_S7__________________________________ --- affixed. UnW I.puI.W aNMMIM,MnC.11 W.YYnMnY Y a1.T.,ACy.n,Lpx N E Tn x raxabYPCC_AT_ARM--ADDRF3S____________________ By---_----------------------------Deputy. QUITCLAIM DEED KNOW ALL BY THFSE PRESENTS that___T_HE CITY OF AS-HLANDL_A_MUNICIPAL_CORPORATION___________ IN_THE_SPATE_9RES31CI___---_----------------------------------------------_-----_---------------____------------------- hereinafter called grantor,for the consideration hereinafter stated,does hereby remise,release and forever quitclaim unto_________ ROBERT_Y.__.4ILLl1[AH_ANR_P_AOL_INE Mr_SULLIVHNL_NUSBAND_AND_WIFE_________________________________________, hereinafter called grantee,and unto grantee's heirs,successors and assigns,all of the gmntor's right,title and interest in that certain real property,with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situated in County,State of Oregon,described as follows,to-wit: PARCELS 11 2 and 3 OF THE PARTITION PLAT FILED AS PARTITION P-94-1992, INDEX VOLUME 3, PAGE 94, FILED ON SEPTEMBER 18, 1992 IN THE PARTITION PLAT RECORDS OF JACKSON COUNTY, OREGON, SURVEY is 13154. THE PURPOSE OF THIS DEED IS TO EXTINGUISH THE EXISTING PUBLIC UTILITY EASEMENT AS SHOWN ON THE PARTITION FILED AS PARTITION PLAT : P-94-1992, INDEX VOLUME: 3, PAGE 94, FILED ON SEPTEMBER 18, 1992 IN THE PARTITION PLAT RECORDS AND SHOWN AS SURVEY NO: 13154, JACKSON COUNTY, OREGON. OF BP.CE WSUIiiGENT.CONEWIIE DESCFWn ON nE Rml To Have and to Hold the same unto grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,stated in terms of dollars,is s---Qe40_-------------m However,the actual consideration consists of or includes other property or value given or promised which is❑pan of the R1 the whole(indicate Which)eonsideralion.0(rate semen.berweea the eymbob 0,if..,appli.btl.A.id be deleted.see ORS 93.030.) In construing this deed,where the context so requires,the singular includes the plural,and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. IN WITNESS WHEREOF,the grantor has executed this instrument this_________day of---______------------19_____;if grantor is a corporation,it has caused its name to be signed and its seal,if any,affixed by an officer or other person duly authorized to do so by order of its board of directors. THE CITY OF ASHLAND, A MUNICIPAL CORPORATION, THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN BY__------------------------------------------------------------ THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU- LATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO_ _______________________________________________________________ PRIATE CITY OR COUNTY PLANNING DEPARTMENTTO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. _______________________________________________________________ STATE OF OREGON,County of------JACK_ ___________________)SS.This instrument was acknowledged before me on---------------_------------------ ___, by-------------------------_--------------------------------_---------------------------------------- This instrument was acknowledged before me on_______________________________________19------ by ------------------_--------------___----------------------------------------------------------------- as _____________________________________________________________________________________________________ of------------_---------------------------------------------------------------------------------------- Notary Public for Oregon My commission expires_________________________________________ STRAWBERRY NEIGHBORHOOD GROUP JUNE 16, 1998 Re. , Appeal Planning Action 97-054 Honorable Mayor Shaw and City Council Members , PROCESS We understand that an appeal of a Planning Commission decision to the City Council is to be a De Novo evidentiary hearing . We believe this means that the Council will limit their scope of review to the evidence in the record as regards the decision of the Planning Commission in Planning Action 97-054 . Further, we believe we have the right to bring forth evidence which supports our appeal basis . However, this is not the time or venue for the Applicants to bring forth new evidence for the purpose of now completing their obligation to provide evidence substantiating their application or bringing forth application components previously neglected. That is, the Applican' had the burden of proof to show that their application met all of the Criteria for approval when they were before the Planning Commission . It is their failure to do so that is much of the basis of this appeal . And it is now the obligation of the Applicants to show the evidence in the record which supports their application . We wish to enter into the record the complete Draft Strawberry Neighborhood Plan frequently referred to by the Applicants and Staff . We also wish to provide an additional copy of the City of Ashland Resolution 91-39 . The Ashland Land Use Ordinance (ALUO) , the Comprehensive Plan and the Physical and Environmental Constraints Overlay Maps are presumed to be available for review by the Council . Our appeal asserts , in part, that the proposed development application fails to address ALUO Chapter 18 . 62, Physical and Environmental Constraints . The Staff response indicates a veiled assertion that we had failed to previously raise this issue as though eve had an obligation to provide guidance to the Applicants , Staff or Planning Commission to 1 2 . complete the application or the sole obligation to make certain that all applicable ordinances were met . It is the expertise of the Pla:._.ing Staff and the Planning Commission that is primarily obligated to make certain that all aspects of the application are complete, that proper notice has been perfected, all ordinances are satisfied and the criteria for approval have been met . THIS IS NOT PRIMARILY THE RESPONSIBILITY OF THE NEIGHBORS . It is because the Planning Commission failed to ascertain that all of the applicable components of the Land Use Ordinances and Criteria for approval had been properly met that necessitated this appeal . ENVIRONMENTAL CONSTRAINTS We believe the (ALUO) Physical and Environmental Constraints Chapter does apply to . this application and actually requires review under same . Further, we contend that the Physical and Environmental Constraints review must occur simultaneously with the Outline Plan application as stipulated within that chapter . The reason we believe this review is required is that development of the roads and the cuts and fill needed for the house sites occur within areas designated as Floodplain Corridor Land, Riparian Preserve; Erosive and/or Slope Failure Lands and Wildfire Lands . The neighbors/appellants were never informed of the applicability of the Physical and Environmental Constraints chapter . Neither the notice for this hearing, the application or the Staff report acknowledged any requirement for this Chapter ' s implementation or that such review must occur concurrent with the Outline Plan process . Floodplain Corridor Lands by definition includes areas within 20 feet of any creek designated for Riparian Preservation and Wrights Creek is designated for Riparian Preservation . (ALUO 18 . 62 . 050 B) Erosive and Slope Failure Lands are defined as occurring on the Physical and Environmental Constraints Maps and having slopes in excess of 40% . Wildfire Lands are defined as those occurring on the 2 3. Physical and Environmental Constraints overlay Maps . The failing of this Application to address this aspect of the land use ordinances warrants a finding for denial based on the evidentiary record and failure to meet criteria a) . Criteria c) and e) cannot be adequately evaluated until the Physical and Environmental Constraints concerns are addressed either in the affirmative or negative . That is, either acknowledge the applicable components or provide evidence why these are not applicable . TRANSPORTATION It is the obligation of the Applicant to prove their proposed development meets the criteria and they have failed to do so . This application asserts there is an alternative route to the development which satisfies the requirement for paved access to and through the development . The proposed alternate route is via Westwood to Orchard to Wrights Creek Drive to Wimer then down to Scenic or North Main . This route has no further capacity as defined by the Ashland City Council Resolution 91-39 (attached) . Section 4 of that resolution states that streets with grades in excess of 180 have no further capacity. The Draft Strawberry Neighborhood Plan, page 20, illustrates that Wimer, below the connection with Wrights Creek Drive, has grades of 18% or greater . This information was available to the Applicant and the Staff yet is not addressed in the application, Staff report or the findings for this Planning Action approval . Further the Resolution, cited above, establishes in Section 4 , that capacity of a residential or sub-collector is reduced by 3% per percent of grade in excess of 10% . That amounts to a minimum reduction of 24% if and when the applicant can establish evidence that Wimer ' s steepest section is only 18% . Section lE of this resolution establishes that sub-Lollectors greater than 10% grade and all Residential streets have a capacity of no greater than 800 vehicle trips per day (VTD) for average conditions . When this maximum of 800 VTD is reduced by the requisite 24% there is a result of 608 VTD allowed on this route . Unfortunately the only information available is the traffic projections established by the City Staff, pages 36 and 37 of the Draft Strawberry Neighborhood Plan, which shows the 3 traffic counts for Wrights Creek Drive (north of Grandview) but South of Wimer . From the study it is obvious that the projections suggest these counts would then travel from Wrights Creek Drive down Wimer or that the number of vehicle trips daily on Wimer would be at least as great as those projected for Wrights Creek Drive . This later interpretation is based on the logic that it is more likely that the number of daily vehicle trips on Wimer would actually be even greater because of the traffic that is generated by other neighborhood streets served by Wimer also being funneled down Wimer . Staff ' s projections at this juncture would amount to 675 ATD, which would be in excess of the capacity for Wimer, by at least 192 ATD. At the least, the Applicants have provided no substantive evidence regarding the capacity of the alternate access route they chose or how they can avoid a finding that this alternate route, ' CITY FACILITY ' , will be caused to operate beyond capacity. We realize that this information is very complex and we wish to point out that the burden of proof falls to the party seeking the change, which are the Applicants . Since they are asserting there is an alternate route which satisfies the requirement for paved access to and through the development it is their responsibility to provide evidence that this can be done . While the City of Ashland allows the use of an unlikely access route for the purpose of meeting the Criteria for a subdivision/development it is important to note that this strategy has taken on a life of its own . That is where the City originally found that if an alternate route could be established then a development could proceed if it could be shown to be a reasonable alternative . The evolution of this strategy has resulted in a presumption of a precedence having been established requiring finding in the affirmative every time an alternate route can be found regardless of how unlikely that alternate route may be, e . g . , without regard Lo capacity considerations of the proposed alternate route or the likelihood that some developments using this strategy will actually exacerbate the traffic considerations for a neighborhood. This particular Planning Action has this latter effect by adding not only the impacts of the new units but actually adds those vehicle trips generated from the Westwood neighborhood traveling down Strawberry Lane, once this development provides a new connection between Westwood and Strawberry Lane, in spite of the unpaved sections of Strawberry, Alnut, 4 Nutley, Scenic and Granite . Another transportation issue which has not been addressed in the Application, Staff Report or the findings for approval is the lack of substantive information, evidence or narrative describing how or if the Applicants can meet the City ' s standards for the improvements to Strawberry Lane . There are portions of Strawberry Lane which are 18% grade or greater . The applicable street grade standards prohibit grades in excess of 15% and no variance for this grade standard is allowed. As stated in the previous paragraph the Applicants have failed to address this aspect of the development plan though they are required to provide evidence that all applicable ordinances can and will be accomplished. The street grade standards also have application to the "flag" drives envisioned in this proposal . Many of thz. driveways found throughout this project appear to be greater than 50 feet in length and are therefore considered as Flag Drives as defined in ALUO 18 . 08 . 195 . As such, the "Flag Drives" are limited to 15% unless a variance is granted to a maximum of 18% . No variance was sought or granted regarding the Flag drives and the only evidence provided by the Applicant when questioned about one such drive was a statement from the Applicants representative in response to Commissioner Briggs concerns about cuts needed for the driveway, stating "the road will run parallel to the contours and believes it meets the criteria. " (APC Minutes , Briggs/Giordano, Record pg . 15 ) The Overview Site Plan (record page 33 ) contains typical road cross sections which are unlike any of the street standards found in the Performance Standards chapter of the Land Use Ordinance . Strawberry Lane is shown to be designated as a Neighborhood Collector in the Comprehensive Plan (Comp . Plan Transportation Element, page 9) and would be designated a sub-col'_ ;^tor in the Performance Standards . This designation comes about as a result of the number of dwellings served by the street being greater than 19 and per the designation found in the Comp . Plan Transportation Element narrative (page 15 ) . Sub-Collectors require side- walks both sides and 22 foot paved travel lanes in addition to the grade requirements cited previously. Even if by some stretch of the imagination this street were to be designated 5 a lane as regards the development standards there is a path required on one side while the other side of the street requires a paved sidewalk. Neither of these standards have apparently been applied, nor has any evidence been provided substantiating a variance from those standards . There are some environmental/aesthetic qualities to the design presented but that does not negate the need for evidence in the record for the abridging of the standards found in the Performance Standards which apply to this development . We are confident that had the issues of applying these new, unsubstantiated, street standards been accurately addressed many of our concerns about the grade standards would also have been addressed. There is no evidence in the record regarding why the standards utilized in this application emu., or should be considered as having met the requirements of the Land Use Ordinance . This application, the evidence and the Staff report fails to address the impact of the street design of this development upon the adjoining properties ability to develop. There is an assertion in the record by the Applicant ' s representative; "Giordano explained that Kneebone 's predicament is that he cannot develop because of the creek and terrain. " (APC Minutes , record page 17 ) Regardless of whether or not this is accurate, a simple assertion, such as this, is not evidence and is not supported by evidence in the record. Additionally, no consideration is given to the impacts of the added vehicle trips, that will follow the ultimate buildout of the adjoining property, upon this proposed street system and upon the unimproved or at capacity down stream street systems . Staff has asserted in their Staff Report, April 14 , 1998 , page 6, (record page "It is Staff's opinion, that the proposed improvements of Strawberry Lane from Westwood Street to the intersection of Alnut Street, with all costs borne by the Applicants and possibly a portion by the City through an LID, is proportional to the project 's impacts on the area and represents a substantial portion of the street system of the area. " . . . As stated this is an opinion and is not evidence and there is no evidence to support this contention found in the 6 record. It seems that this assertion and the applicants decision to pave the additional footage sets the stage for the Applicant avoiding any further financial responsibility regarding future improvements to the unimproved parts of Alnut, Strawberry, Scenic, and Granite which will be impacted by this development . . . . "While Alnut Street and the section of Strawberry Lane below its intersection with Alnut Street will remain unimproved under this proposal, we do not believe that the additional traffic generated by 23 new homes will cause either of these sections of road to operate beyond a reasonable level of service. " Again this is simply an assertion or opinion and this is not evidence or supported by evidence in the record. Actually, there are other considerations connected to this simplistic assertion that are more relevant to consideration of this development, such as the grades of these unimproved streets and the fact that the street system proposed will bring a new street connection to yet another neighborhood which will, also, utilize Strawberry as a preferred route to town . Thus, the impacts are not limited to those associated only with 23 new homes, but, rather, will include those associated with an additional neighborhood beyond the new homes . The Staff have carefully crafted this comment to address "a reasonable level of service" as though that were a relevant standard. If the above assertion is true then it is intuitively obvious that the City should not claim a need to pave these street sections in the future, by way of an LID. Furthermore, it is also obvious that if this application is approved then the opp66ite position will be asserted to allege a need to initiate an LID for the improvements to the remaining unpaved sections . In other words today you are asked to accept the statement that there will only be impacts from 23 new homes resulting from this plan . And the impact from these 23 new homes will not cause the these unimproved sections to operate beyond a reasonable level of service . Yet, in the future, Staff will contend that these unimproved streets need to be paved and an LID formed because the REAL impacts of this new development and neighborhood inter-connection will be found to have significant repercussions . At that point staff will also have the added clout of 23 additional ' signed in favor ' 7 agreements to force the downstream neighbors to participate in that LID . While these 23 additional votes in favor of future improvements may be used to force a future LID formation, there is no formal commitment or requirement for the applicants or future property owners to participate in funding the improvements . SYNOPSIS : The Physical and Environmental Constraints review process needs to be applied to this application if it is brought back before the Planning Commission . Wimer has no further capacity and therefore can not be an alternate route due to the grade of this street in conjunction with Resolution 91-39 . Section 4 . Wimer does not have sufficient capacity due to Resolution 91-39 reductions due to street designation and grade and therefore cannot be an alternate access . Section 1E and Section 4 . Grandview is not an alternative as it is unpaved. The issues of capacity of this alternate route were not addressed by the applicant and there is no evidence in the record establishing that this alternative is sufficient to meet the requirement for paved access to and through this development . The applicant fails to establish in the record that Strawberry can or will be improved to City Standards, given those areas of Strawberry that are in excess of 150 . The Applicants fail to acknowledge their responsibility for the impacts of their development on the downstream streets or the appropriateness of participating in the expenses of improving those streets in the future . The transportation considerations , cited above , demonstrate a failure of the application and the findings for approval to meet criteria b) and consequently criteria a) . While Wimer Street is designated as an alternative access route Criteria 8 b) further stipula �es ; that the development will not cause a City facility to operate beyond capacity and as demonstrated Wimer is defined as being at capacity due to the grade of same . Since Criteria b) is not satisfied in this application or evidentiary record then Criteria a) cannot be satisfied . Criteria d) also has not been satisfied in the record as no evidence is found to substantiate a finding that the street system described in this proposal will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan . Again as this criteria is not sustainable in the record criteria a) cannot be met . Thank You, App lants of Planning Action 97-054 Susan 4ttAl 9 t City Council Communication June 16, 1998 Submitted by: John McLaughlin Reviewed by: Paul Nolte ,., Approved by: Mike Freeman OA)k Title: Public Hearing on appeal of Planning Action 97-054, Planning Commission approval of a 25-lot subdivision on upper Strawberry Lane. Synopsis: The Planning Commission, after accepting testimony and exhibits, approved, with conditions, a request for a 25-lot subdivision on upper Strawberry Lane. A timely appeal was filed by nearby residents who participated in the hearing process; Harry Bartell, Patricia Haley, Benjamin Stott, Jon R. Peele, Elizabeth and Alex Reid, Christine Crawley, Susan Hunt, and Andrew Bartholomew. Their issues are outlined in their appeal letter, attached. Regarding the appeal issues: Item 1). It is our opinion that the findings clearly address the applicable criteria for approval of this action, addressing the issues raised by the opponents. Item 2). The Planning Commission reviewed the evidence in the record, and determined that there was sufficient evidence to support their conclusions. The Commission did not find that the sufficient evidence was presented to contradict the application. Item 3). The City utilizes a two-step approval process for subdivisions under the Performance Standards Option—Outline Plan and Final Plan. The substantive issues of adequate facilities, compliance with underlying zoning, etc... are the focus of Outline Plan, while more detailed design issues, such as final street engineering, final locations of cuts and fills, etc... are deferred to Final Plan. The appellants have raised the issue regarding Condition 13, which refers to fencing requirements along Wrights Creek. This issue was not raised in front of the Planning Commission and is raised for the first time here. The fencing requirements of the Physical and Environmental Constraints ordinance are clear and objective, and do not require a discretionary permit to implement. The condition merely requires the applicant to obtain the necessary fence permit and comply with the ordinance when constructing the fence, if a fence is constructed at all. The applicants would be under the same restrictions with or without the condition. It is more a matter of making them aware of the issue. Another issue raised for the first time in the appeal letter include references to the maintenance of open space. This is addressed adequately in the applicant's findings. The appellants have raised the issue of the 120-day decision time line. From the staff report, Page 18 of the packet, comes the following time line: Original Application Date May 9, 1997 Additional Information Provided December 23, 1997 Application Deemed Complete December 31, 1997 120-day expiration April 29,1998 60-day extension granted February 10, 1998 Planning Commission Approval May 12, 1998 City Council Public Hearing June 16, 1998 Date for Findings Adoption June 17, 1998 Revised 120-day Expiration June 26,1998 The City can and will make a final decision on this matter prior to the expiration of the 120-day time limit. Recommendation: Staff recommends that the City Council concur with the Planning Commission and approve the request with the attached conditions. Background Information: See attached memo and previously submitted information included in the record. CITY OF ASHLAND y OF ASy Department of Community Development Planning Division j1 MEMORANDUM OREGON DATE: June 11, 1998 TO: Mayor and City Council FROM: Bill Molnar, Senior Planner RE: Planning Commission Approval of Planning Action 97-054 - Outline Plan for a -- - --- ---- - 25-lot-subdivision located off of Strawberry Lane, adjacent to Hitt Road.- -- —_----- -- -- DECISION On the evening of April 14, 1998, the Commission approved by a vote of 6 to 2 a request for a 25-lot subdivision off of Strawberry Lane. BACKGROUND The Strawberry Lane/Westwood neighborhood has been an area of study over the past three years given impending residential development opportunities resulting from the construction of a new reservoir, water and sewer mains. A neighborhood planning process was undertaken by the Planning Department and augmented through the input of other City departments. A myriad of issues were evaluated including but not limited to: acquisition of key open spaces, transportation systems and circulation, protection and retention of significant natural features, provision of public facilities, housing density and fire prevention and control. Several development scenarios were reviewed in a draft plan prepared by the Planning Department back in March of 1996. A key recommendation made in the draft Strawberry/Westwood Plan was to down zone the area from RR-.5, half acre minimum lot sizes, to a one unit per acre standard. There was much discussion over needed improvements to the area's unimproved street network and how the costs of such improvements could be appropriated in the most equitable fashion. The entire process ultimately came to a stalemate over lack of consensus on how and by whom the costs of improving the streets should be borne. The issue of street improvements and, specifically, providing "paved access to and through the development" represented the key issue during the Commission's deliberations. Ultimately, the Commission decided that the project demonstrated that paved access would be provided to and through the development from the nearest fully improved collector street. Such a finding was consistent with similar, recent subdivision proposals including, Sullivan Subdivision (18-lots off r of Sheridan/Monte Vista and Schofield), Ivy Lane Subdivision (6-lots off Ivy Lane via South Mountain Avenue, Wiley Subdivision (22-lots of Skycrest Drive) and Hassell Subdivision ( 1I- lots off of Westwood Street). Another major issue dealt with costs associated with the project's street improvements and, specifically, concerns raised by neighbors about the use of a Local Improvement District to cover a percentage of such costs. The applicant's were aware of these concerns early on, as the neighborhood planning process stalled over disagreements on what was the best way to pay for these costs. As a result, the applicants have proposed to pay for the entire cost associated with improving the streets in the proposal and have not proposed using a Local Improvement District as a way to spread the costs among the area. Consequently, the Commission's approval requires the applicant's to bare the full cost of improving Westwood Street (from the end of the Hassell LID) to Strawberry Lane, and Strawberry Lane (from its intersection with Westwood Street) along the frontage of the project, past Hitt Road and down to and including its intersection with Alnutt. In addition, all new streets in the project will be improved to City standards, including the widening and improvement of Hitt Road. No LID was required, or proposed, for the lower portions of Strawberry Lane or Alnut Street, with the finding that adequate transportation was met by the paved access from Westwood Street. It is recognized that a percentage of trips from this area will still use the unpaved streets,just as the abutting properties, and residents from other portions of the community now use these streets. Issues have been raised regarding the "capacity" of lower Strawberry and Alnut to accommodate additional traffic, particularly with reference to the City's Street Capacity Resolution. Capacity is somewhat of a misnomer for streets, especially as used here. Capacity generally refers to a volume, such as a water container, and there is an ultimate limit of the amount of water that can be placed in that container. Street capacity, as used in the resolution, is much different. The phrase "adequate capacity" is used in the land use ordinance to ensure that public facilities are available to the proposed development site in a manner that provides adequate capacity for development. For example, if a site for a 25-lot subdivision were served by only a 6" water line from one direction, that line would not have the capacity to support the full development of the subdivision. But if the site were also served by a 10" water line from another direction and ultimately linked, there would be adequate services available. The fact that the area is served by an undersized line from only one direction does not mean that adequate capacity is not realized from another direction. Similarly, there is adequate street capacity to allow for development of the upper Strawberry Lane area by utilizing access from Westwood out to Wittier. This follows the past decisions of the City. That additional trips will also be realized on lower Strawberry and Alnut does not alter the fact that capacity exists. The Street Capacity Resolution is to be applied to the land use process to ensure that there is capacity for development. It does not state that if a street is deemed to be at capacity, either because of grade or width, that no further trips are allowed on that street. In that case, the homes built on Strawberry Lane in the last 7 years would not have been granted building permits. Again, to restate this issue, if the only access for development of upper Strawberry Lane had been lower Strawberry and Alnut, then one or both of those streets would have had to have been widened and paved. However, with an alternate access that links to the city's paved network, adequate capacity is realized in another direction. While the area has not been officially down zoned as suggested in the draft Strawberry/Westwood Neighborhood Plan, the proposed 25-lots on 25 acres is consistent with the Plan's recommendation for a base density of one unit per one acre. Further, although the application for the subdivision was made prior to the adoption of the City's recently approved Hillside Development Standards, the proposal incorporates the great majority of these standards. This City has also participated in addressing the overall neighborhood concerns of development in this area by purchasing key parcels as Open Space, under the City's program. These purchases have effectively reduced the development of the area, and preserved key view sheds for generations to come. These efforts, combined with the voluntary density reduction by the applicants, have greatly reduced the potential development of this area. Overall, there has been little negative discussion regarding the subdivision development, excluding transportation, and it is Staffs understanding, from public testimony, that the key issue of the neighborhood involves the impacts on lower Strawberry and Alnut. Staff recommends that the Council uphold the decision of the Planning Commission, and approve the request with the attached conditions. There are still opportunities for the neighborhood to participate with the developers in the formation of a local improvement district for these streets, and should the neighborhood want to pursue this, the City will be glad to offer assistance. o : ' May 26, 19 J U v Ashland City Council ------"------- 20 E. Main Ashland, OR 97520 Dear Mayor Shaw and City Council Members: We, the undersigned, wish to notify the City of our desire to appeal Planning Action 97-054, which was approved April 14, 1998, with findings adopted and signed May 12, 1998. In compliance with the appeal procedure we provide this notice within the 15 day period allowed before the decision becomes effective. We have Standing in this matter as persons who participated in the hearing orally and/or in .writing. The basis for our appeal is described as follows: 1) The Findings adopted for this approval fail to adequately address the criteria or substantiate the conclusions related therein. 2) The evidence in the record is not sufficient to meet the burden of proof incumbent upon the applicant. Further, the Findings for this Planning Action are not supported by the evidence in the record. 3) Criteria a) , b) & d) , cited from the findings, have not been met. Much of the pertinent information and evidence needed to meet the burden of proof that the criteria have been met are deferred to the Final Plan Approval via the condi- tions imposed and therefore cannot have allowed an informed decision, let alone approval. Deferring substantive design parameters to final plan prevents neighboring pro- perties or affected parties an opportunity to adequately evaluate or address the proposal's merits or deficiencies. Another example of the likelihood that criteria a) has not been met is found in condition 13) of this approval which suggests that there may be some applica- tion of the Physical and Environmental Constraints Chapter 18.62, yet there is no information or application filed as to whether this Chapter applies or not. It is the burden of the Applicants to make application for this Chapter or provide evidence as to why it doesn't apply. It is not appropriate for the Planning Commission to on one hand assert that the Applicants have met the burden of proof regarding critera a) and at the same time to establish a condition that suggests that another section of the Land Use Ordinances may apply. The street design, transportation plan and urban storm drainage system for this proposal are unsafe and fail to meet the goals/policies, resolutions and/or ordinances of the City. Again, it is impossible to ascertain whether criteria c) or e) warrants a deter- mination in the affirmative or can be substantiated when the application is not sufficiently clear or detailed and other aspects of the proposal are deferred to Final Plan Approval. There can be no proper finding that criteria e) has been accomplished when the pertinent information in draft or final form isn't provided for review at the Outline Plan level, where the criteria for demonstration of. . .adequate provisions for the maintenance of open space and common areas. . .is required. Criteria c) or e) could be further affected by alterations that would result from the transportaion aspects of this proposal actually being required to meet the standards which are imposed on most other Outline Plans: Additional cut and fill that would be needed to actually meet the requirements of our Land Use Ordinances and State or Federal standards which apply to criteria a), b) , & d) would also impact the considerations which need to be addressed in criteria c) or e) • - - -- — - - - - The initial Staff response to this application actually suggested several defi- ciencies in the application but did not take the appropriate position of requir- ing the Applicants to complete the application and resubmit. By being enabled to avoid resubmission the applicants were able to continue with their insuffi- cient application and were able to avoid the new Hillside Standards. Therefore we must assume that Staff found this application to be complete at some date certain. We must request that the City provide us with information defining the exact date that this application was found to be complete. Further, we request that the City provide us with a copy of the waiver that was agreed to by the Appli- cants which deferred the 120 day provision for a final decision on the applica- tion. We are additionally concerned that the application will not have a final decision within the required timeframe and thus be capable of approval via a Writ of Mandamus. The request for this information is separate from the request for an Appeal hearing and warrents immediate consideration by the City Adminis- tration and Legal Counsel. Unfortunately, the application should actually have been found to be incomplete and returned to the applicant long ago and that is actually what we request the City Council to find at this time. Alternatively, if the Council does have sufficient time to hear this appeal, including the 20 day notice requirement, then we are seeking a reversal of this approval and a requirement that the Appli- cants resubmit a complete application which addresses all the applicable criteria for approval and the burden of proof which is incumbent on the Applicants. R2j�L L /SMc[f"/OJT 44^4C "/e-�- A7 Y0-° c� �� sb 04}15-r1NI CRAWCEY � s n��V� r L.,._ M►o�su e+�n�e�eco.�ew� JUN • Members of,the Ashland City Council - 199$ 20 East Main Street . Ashland; OR 97520 \ ` Dear Mayor Shaw and City Council Members. As you all know, the Planning Commission approval for'the Strawberry Lane 25 lot sub-division on 4-14798 has been appealed bysome few living on lower Strawberry Lane.'and Alnutt,Street. This letter is in'response to that appeal. r I The Planning Commission approval shows that we have met all the required findings. ; The 'real" issue: ` Out ofthe past fouryears of neighborhood discussions and often heated debate, I sense that theobjecdo'ns'have-littleto`do with our.sub'division.As , I testified,before the Commission in April,'the objections are really fear ,,driven..Residents'6i low us on Strawberry, Alnutt etc. fear that the eventual LID is'finally here. Everyone knew thatour land has-been within the City for 100+ years and has been zoned 1/2 acre for a bit-over 50 of-those years. Its been•on all the-,city maps.The City also knew that these streets,needed , eventual-improvement as well and thus'required signatures agreeing to an' LID in return for;piecemeal lot-by-lot-approvals for land partitions-that were. \ made-on.lower Strawberry over the years. Each person signing these, Agreements received something of value in return. Thefact that an LID now- would gain them nothing is mute because they"already have received their -benefits. r - / Some history Nor is this the first call. Initial requests for'subdivision were set aside, by a, 12 year moratorium roughly 16,years ago and•then'further delayed by a city request 6f--us to stay any post moratorium application until after neighborhood-meetings,could be chairedcby John_McLaughlinl Director of the Ashland Planning Department.We agreed.This made sense to us as John wanted to look at our request within the greater context of the entire area. Lots more than a,subdivision ;%w at stake.The matter-of open 'space lands' and view'shed protection were also-issues of importance to the entire city. _Further; the City wanted to encourage neighborhood identification and this -.` was one in'the making:This was 'anopportunity,to design:a neighborhood` "from scratch" We,felt this made alot of sense, despite what was-to-become, a 4 year delay. It is now nearly 16;years-beyond;the start of the moratorium and there are,.:., ' those/signing the appeal who seek-to delay our request even further: \\ 0. y r _ Paul, Hwoschiinsky r \ 443,STRAWBERRY LANE-? SHLAND;OR 97520-TEL 541+482-3277 FAX 541+482 2046 E-MAIL,,p ulhammdnet r - What to do? ` } We have been patient and heard exhaustive comments<by all of our. neighbor's. We have tried to persuade lower Strawberry Lane and,Alnutt Street neighbors'that paving now is,lots` less costly•,than it will�be in the future.At our expense, we even ordered engineering studies of-lower Strawberry, Scenic extension, and Alnutt so that estimates could be' discussed.'By joining with us, both neighborhoods,'could have obtained- " economies of scale:However, the resistance was so emphatic that we were forced to walk away and simply pave our own streets through the Alnutt intersection to_current,,City"standards. As.you'know,there win be paved access through Westwood."Our project will have two entry points. Further, we voluntarily down zoned to one full acre (from.the,existing 1/2 acre) thereby cutting our income potential in half while also cutting the traffic downstream in half, as well. Please seCthis as an expense we have elected to bear to preserve the "alpine"'nature.of this-emerging ; neighborhood.,... - - It-is honestly hard to know what else we could have done. Sixteen years-seems to me to have established that we have been "patient" We have honored our, neighbors below us in two important respects: 1) we y have'listened to,all•and every,comment over a 31/2 year period,via intensive ' neighborhood meetings and 2) we have heard'their fear;because of our application, of road improvement costs_on-Alnuttt, Scenic extension, and lower Strawberry Lane. In the end, they clearly want to ignore an inevitable ' LID and'remain with dirt streets. Our planning has'been comprehensive.We have engaged a land planner-, ' surveyors, civil engineers;'ecologists, landscape designers, and water specialists.All of this, together with information"coming out of'exhaustive neighborhood discussions; has been integrated in an;extensive Planning Department,report`for the area in' addition,to that which we submitted. In <' fact, we are told that th is. has been the most complete application ever received by the City for this type of development-It is hard for us to imagine ; what more we could have done. Both-the Planning and the City Public Works departments, in addition to the Planning Commission, support the project. As,you can well imagine, this has been a costly and time consuming effort for ' US. _ S . Theca real issue, then, is"the fear among our neighbors that our planning action will trigger an LID in their,neighborhood: The complaint we Near 'privately is that our plans have high lighted this inevitability. (However,we alsd.hear that there are those, at contest withlthe,6bjectors, who fear that by 1 _not doing an- there now, costs will only be more later.), - 2_�' - _ 1 In any case, the initial "wake-up" call came 16 years ago when all development.was stalled by what was to''become the 12 year moratorium. _ -The second wake-up call" came nearly 4 years ago when the moratorium was lifted and the City requested us not to file for subdivision until after neighborhood meetings could'take place. Now that these are complete, lower Strawberry is facing a third "wake-up" call. Our request for a, subdivision is hardly a surprise. Then, too, with regard to traffic counts, it will take at least 20.years to build out the sub-division which is plenty of time for an eventual LID below us. Bottom line, the desire not to pave was tiie clear message we received from our neighbors.. In any event, the LID, not bur planning action, appears to be the real issue behind all of the presenting reasons'for objection. - Important questions: ' The-question-I raise now is how much longer can a handful of people hold`• our request"hostage?°-It has already been 16 years. How much longer`do we pay taxes on, 172 acre zoned land without any'relief? What is the City policy on paving? Asia city, do we hold the' 'intention to pave the last 8 or 9 miles of streets? Shall the City also.follow past policies that require'each of us to pave the streets in front of our homes? FlnaRr. - I feel caught I feel hostage to this City LID-dilemma that is not-of our making• How all this works out for lower Strawberry and Alnutt in the future is 'an issue between the City and.those home owners. It should not be-made out to be our issue. - I feel-the three of'us have met ALL City requests and have been more-than patient and respectful of neighbors. Moreover, we have already passed the, r' approval of the Planning Commission. You have not seen defensive "letters to - the editor" from any of us.,Our participation in meetings has been -constructive: Please'support the Planning Commission approval without any further delays,. Sincerely, _ 6c1-98 cc: John-McLaughlin 3, 6/10/68 ]:59 PM M dmosh P.001 Margaret J. Brown JUN ) u 1998 385 Strawberry Lane Ashland, OR 97520 June 10, 1998 Members of the Ashland City Council 20 East Main Street Ashland, OR 97520 Dear Mayor Shaw and City Council Members, 1 urge you to uphold the decision of the Ashland Planning Commission regarding Planning Action #97-054 for the following reasons: 1. Our proposal, Planning Action #94-054, meets all the requirements of the City of Ashland. We have professional, expert testimony supporting our proposal-The Planning Commission approved the sub-division and complemented us on the thoroughness and detail of the plan. 2. Our project aims to create an exemplary neighborhood. We have spent three to four years listening to the concerns of Lower Strawberry residents. The Hwochinskys (6 years) and myself (16 years) reside in the proposed development. Our goal is to create a design that is suited and desirable to the area. 3. We have obliged the neighbors on Lower Strawberry by not including them in an LID. We are proposing many improvements (storm drains, paving, trail-like sidewalks, and more open space) at our cost, not theirs. 4. We have patiently tried to reach a consensus with the neighborhood of Lower Strawberry. Our efforts deserve to be respected. Thank-you for your time and consideration of this matter. Sincerely. 171� Margaret J. Brown Contents of Record for Ashland Planning Action 97-054 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT STRAWBERRY LANE. COMPREHENSIVE PLAN DESIGNATION: RURAL RESIDENTIAL; ZONING: RR-5; ASSESSOR'S MAP #: 39 lE 08 AC; TAX LOTS: 101, 200, 201, AND 500. APPLICANT: DOUG NEUMANIMEG BROWNIPAUL HWOSCHINSKY • Public Notice Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 • Notice of Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 • Criteria for Outline Plan Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 • Adopted Findings dated May 12, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-12 • Planning Commission Minutes dated April 14, 1998 . . . . . . . . . . . . . . . . . . . . . . . . 13-17 • Staff Report Addendum dated April 14, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-25 • Letter from Giordano & Associates clarifying information dated March 16, 1998 . . 26-33 • Letter from Giordano & Associates responding to Staff Report dated February 10, 1998 . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-38 • Planning Commission Minutes dated February 10, 1998 . . . . . . . . . . . . . . . . . . . . . 39-45 • Staff Report dated February 10, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-59 • Map showing property proposed for development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 • Street Tree Commission Site Review dated February 5, 1998 . . . . . . . . . . . . . . . . . . . . 61 • Project Narrative & Findings dated December 16, 1997 (revised) . . . . . . . . . . . . . 62-102 • Letter from Henry Kneebone dated June 8, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 • Letter requesting appeal dated May 26, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104-105 • Letters,petitions, statements received concerning Planning Action 97-054 . . . . . 106-131 Notice is hereby given that a PUBLIC HEARING on the following A copy of the applicat ion,all documents and evidence relied upon by the applicant and. request with respect to the ASHLAND LAND USE ORDINANCE will applicable criteria are available for inspection at no cost and will be provided at be held before the ASHLAND CITY COUNCIL on June 16, 1998 at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost,if 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main requested. All materials are available at the Ashland Planning Department,City Hall Street, Ashland, Oregon. 20 East Main Street,Ashland,Oregon 97520. During the Public Hearing, the Mayor shall allow testimony from the applicant and The ordinance criteria applicable to this application are attached to this notice. Oregon those in attendance concerning this request. The Mayor shall have the right to limit law states that failure to raise an objection concerning this application,either in person the length of testimony and require that comments be restricted to the applicable or by letter,or failure to provide sufficient specificity to afford the decision maker an criteria. Unless there is a continuance, if a participant so requests before the opportunity to respond to the issue, precludes your right of appeal to the Land Use conclusion of the hearing,the record shall remain open for at least seven days after Board of Appeals iLUBA)on that issue. Failure to specify which ordinance criterion the hearing. If you have questions or comments concerning this request,please feel the objection is based on also precludes your right of appeal to LUBA on that criterion. free to contact Susan Yates at the Ashland Planning Department,City Hall,at 488- 5305. I PROPERTY PROPOSED a _ FOR DEVELOPMENT j 0 ---- I I �_ W I � I C I I _ f � I I - I I I Y i Planning Action 97-054 is a request for Outline Plan approval for a 25-lot subdivision under the Performance Standards Option located at Strawberry Lane. Comprehensive Plan Designation: Rural Residential;Zoning: RR-5; Assessor's Map#: 39 1 E 08 AC; Tax Lots: 101, 200, 201,and 500. Applicant: Doug Neuman/Meg Brown/Paul Hwoschinsky ATTENTION: JODY LEGAL NOTICE DEPARTMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Ashland City Council on June 16, 1998 at 7:00 p.m. at Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such Public Hearing, any person is entitled to be heard, unless the public hearing portion of the review has been closed during a previous meeting. Request for Outline Plan approval for a 25-lot subdivision under the Performance Standards Option located at Strawberry Lane. Comprehensive Plan Designation: Rural Residential -"-- ; " Zoning: RR-5; Assessor's Map #: 39 lE 08 AC; Tax Lots: 101, 200, 201, and 500. Barbara Christensen City Recorder PUBLISH: Daily Tidings 6/3/98 Purchase order: 27169 FEED CRITERIA FOR OUTLINE PLAN APPROVAL The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a. That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. C. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. That the proposed density meets the base and bonus density standards established under this Chapter: O V City of Ashland 3 Department of Community Development .GREGG��'` ' Planning Division City Hall 20 East Main Street (541)488-5305 Ashland, Oregon 97520 fax(541)488-5311 May 18, 1998 RE: Planning Action N 97-054 Dear Doug Neuman, Meg Brown and Paul Hwoschinsky: At its meeting of April 14, 1998, the Ashland Planning Commission approved your request for Outline Plan " - ----Approval for the property located off Strawberry Lane -- Assessor's Map N 39 1E 8AC, Tax Lot(s) 101, 200, 201 and 500. The Findings, Conclusions and Orders document, adopted at the May 12, 1998 meeting, is enclosed. Please note the fallow' circled i ms: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. 6 3. There is a 15 day appeal period which must elapse before a building permit may be issued. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. 5. lanning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488.5305 if you have any questions. - Bill Molnar Senior Planner cc: Property Owner, People Who Testified, People Who Submitted Letters 4 BEFORE THE PLANNING COMMISSION April 14 , 1998 IN THE MATTER OF PLANNING ACTION #97-054 , REQUEST FOR ) OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE) FINDINGS, PERFORMANCE STANDARDS OPTIONS LOCATED AT STRAWBERRY ) CONCLUSIONS LANE, ) AND ORDERS APPLICANT: DOUG NEUMAN, MEG BROWN, PAUL HWOSCHINSKY ) -------- --------------------- ---------------------- ----- RECITALS : 1) Tax lots 101, 200, 201 and 500 of 391E 8AC are located adjacent to Strawberry Lane and Hitt Road and are zoned RR- . S-P; Low Density Rural Residential . 2) The applicant is requesting approval of a 25-lot subdivision under the Performance Standards Options . Site improvements are shown on the Outline Plan and supporting documents on file at the Department of Community Development . 3) The criteria for Outline Plan approval are described in the Performance Standards Options chapter 18,. 88 : a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. 1 S r 4) The Planning Commission, following proper public notice, held a Public Hearings on February 10 and April 14 , 1998, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site . Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows : SECTION 1 . EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent' s Exhibits, lettered with a "P" Opponent' s Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an IIM" SECTION 2 . CONCLUSORY FINDINGS 2 . 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 . 2 The Planning Commission finds that the proposed 25-lot subdivision, under the Performance Standards Option, meets all applicable criteria described in the Performance Standards Option chapter 18 . 88 . 2 . 3 The Planning Commission makes the following findings for approval with regards to the applicable criteria described under the Performance Standards Option: A) That the development meets all applicable ordinance requirements of the City of Ashland. The Commission finds that the project complies with all applicable requirements and standards described under the Performance Standards Options section 18 . 88 . As noted below, the application meets street, setback and parking standards as outlined under the Performance Standards Option. 2 Street Standards Strawberry Lane and Hitt Road are existing public rights-of-way. Hitt Road, however, is gated and provides access to the upper reservoir area for authorized vehicles only. A new road will be constructed linking Strawberry Lane to Hitt Road, creating a looped street system. The new road is to be constructed in accordance with the requirements for a "residential lane" , as described in the Performance Standards chapter. Hitt Road' s existing paved surface has not been constructed to city street standards and will be fully improved as part of the development . In addition, the applicants have amended the application to include paving from Westwood Street through intersection of Strawberry Lane and Alnut Street . Such improvements will include pavement, curb and gutter, storm drain facilities and public sidewalks . The original design proposed the new improvement to Westwood Street and Strawberry terminating at the intersection of Ditch Road and Strawberry Lane, approximately 150 feet short of the intersection with Alnut Street . Also, the applicants are not proposing to form an LID, but rather provide paved access from the development out Westwood Street to Wimer, and to pave down Strawberry from the development to the intersection of Alnut and Strawberry. Parking Standards On-street parking requirements apply to all developments zoned R-1, R-2 and R-3 . While the RR- . 5 zoning district is not specifically noted, 17 on-street spaces (parking bays) have been provided. Also, additional guest parking has been designated on 16 out of 25 lots . Setbacks Building envelopes have been delineated on all lots . All envelopes are consistent with front and perimeter setback requirements for the zoning district . Solar setbacks will be evaluated at the time of building permit review. B) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. The Commission finds that adequate public facilities can be provided to serve the proposed subdivision. The existing sewer and water lines located in Strawberry Lane and Hitt Road will be extended to and through the development . Fire hydrants will be installed in accordance with the standards of the Ashland Fire 3 H Department, while each new residence will be equipped with interior sprinkler systems to assist in fire suppression. The Commission finds that the use of natural and standard piped storm drainage systems are sufficient to handle the increased run- off from the development . The proposal will incorporate natural drainage swales adjacent streets and pedestrian walkways to collect and control run-off from private property and public streets . The use of the drainage swales will be limited due to the average grade of streets in the development . Detention ponds are proposed to be installed throughout the common open space in order to slow water passage and protect the natural creek environment from increased peak flows resulting from paving and development . Since sediment will accumulate in the ponds over time, the Homeowner' s Association will be responsible for a regular sediment removal and maintenance schedule for the system. Additionally, run-off into conventional curb and gutter systems within the new street will be directed to a new piped systems proposed to be installed from Hitt Road down to the intersection of Strawberry Lane and Alnut Street and connected to the existing city storm drainage system. Paved Access To and Through the Development The City Council recently approved the formation of a local improvement district to pave Westwood Street from Orchard Street to the southern border of Anna Hassell' s subdivision. The proposed 25-lot subdivision will provide paved access from Westwood Street (beginning @ the end of the LID for Hassell' s project) , south to its intersection with Strawberry Lane . Strawberry Lane will then be widened and paved to and through its intersection with Alnut Street . In addition, Hitt Road will be improved to City standards to the point where it intersects with the new road in the project . The new road, Strawberry Lane and Hitt Road will create a looped, paved circulation system. The Commission finds that paved access to and through the development will be provided in accordance with city standards . The proposed improvements provide paved access from the nearest fully improved collector street, to and along the frontage of the development . In this case, paved access has been proposed from and along the frontage of the development, to Westwood, to Orchard, to Wrights Creek, to Wimer, to North Main. All public streets along this route have adequate capacity to handle the incremental increase in vehicle trips resulting from the project . Further, the Commission finds that the improvement of Strawberry Lane from Hitt Road to and through its intersection with Alnut Street, will improve access to the area and the overall operation of the intersection, while still allowing the unimproved sections of Alnut and Strawberry Lane to operate at an acceptable level of service . 4 c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. A topographic map with slope analysis has been provided as part of the application materials . The map identifies all areas with slopes of 35 percent and greater, as well 40 percent and greater. Since the application was filed prior to the recent adoption of Hillside Development Standards, all building envelopes must located on lands with slopes less than 40 percent, rather than 35 percent as established under the Hillside standards . Consistent with this standard, the Commission finds that all envelopes have been located on lands less than 40 percent . Significant Trees The location of significant trees and shrubs on the site varies . The less sloped portions of the development have larger pines and oaks scattered throughout the property. The steeper sections tend to be densely covered with a combination of scrub oak, manzanita, and madrone trees . The Commission finds that building envelopes and private driveways have been located to avoid having to remove significant trees . In addition, given the severity of slopes on the Brown property, much of the parcel is considered unbuildable and will remain in a natural state . Natural Drainage Way A natural drainage swale runs south to north through the lower portion of the project . The drainage swale represents the southern extent of the east fork of Wrights Creek. The Commission finds that the natural drainage way has bee incorporated into the project' s design. Generally, sections of the drainage way north and south of Strawberry Lane are located in areas identified as private open space and will not be disturbed. Further, building envelopes have generally been located a minimum of 20 feet from the top of bank to reduce impacts on the drainage areas resulting during home construction. D) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The surrounding area is zoned Rural and Woodland Residential, while the area to the south east is currently outside Ashland' s City Limits . Much of the street system is already in place, with the exception of the new section of road in this project proposed for connecting upper Hitt Road to upper Strawberry Lane . As shown on 5 V the vicinity map for the area, adjacent parcels have frontage along existing public rights-bf-way. Consequently, the Commission finds that the physiographic constraints apparent in this area will be the key factor in determining the future development of adjacent lands, and not any element of this project . E) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. All private and public common landscape areas, paths, drainage swales and detention ponds and open spaces will be maintained by a homeowners association, and the final association agreement will be provided prior to final map approval . In addition, the long-term maintenance of the project' s Fire Prevention and Control Plan will be the responsibility of the Homeowner' s Association as well . F) That the proposed density meets the base and bonus density standards established under this Chapter. The Commission finds that the proposed density complies with the underlying zoning designation for the properties . The density for this project has been calculated as follows : Base Density : 1 . 2 du/acre x 25 . 04 acres = 30 units Proposed Project Density: 25 homes (two existing) SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposed 25-lot subdivision, under the Performance Standards Option, is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #98-054 . Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #98-054 is denied. The following are the conditions and they are attached to the approval : 1) That all proposals of the applicant be conditions of approval unless otherwise modified here . 2) That the final design of the intersection of Hitt Road and New Road comply with City sight distance standards . Compliance with sight 6 distance standards to be indicated at the time of Final Plan approval . 3) That the location and final engineering for all storm drainage improvements associated with the project, including but not limited to drainage swales, detention ponds and piped systems, be submitted at the time of Final Plan for review and approval by the departments of Public Works and Planning. 4) That building setbacks along the perimeter of the project site to comply with yard requirements of the RR- . 5 zoning district . 5) That a draft copy of the CC&R' s for the Homeowner' s Association be provided at the time of Final Plan. CC&R' s to describe responsibility for the maintenance of all common open space in accordance with the Fire Prevention and Control Plan. CC&R' s to provide time schedule for the regular maintenance of storm water detention systems and Fire Prevention and Control strategies. 6) That the central open space area shown on the Final Plan between the New Road, Hitt Road and strawberry Lane match the size and configuration of the area shown on the plan presented at the February 10, 1998 meeting. 7) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each lot prior to the issuance of a certificate of occupancy. Street trees with root barriers to be installed within the planting strip/parkrow prior to the certificate of occupancy. Root barrier design to be submitted for review and approval at the time of Final Plan. 8) That all easements for sewer, water, electric, and streets be indicated on the final survey plat a required by the City of Ashland. 9) That a site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission for all common areas and planting strips be submitted for review at the time of .Final Plan. 10) That any installation of fencing along the boundary of the open space not exceed a height of four (4) feet . 11) That a drainage and grading plan for the project be submitted at the time of Final Plan for review and approval by the Engineering and Planning Division. 12) The engineered construction drawings for all streets and shared private driveways be provided at Final Plan. Plans to include profiles and cross sections, indicating cuts and fills, erosion control and slope stability methodologies consistent with the standards for Hillside Lands contained in AMC 18 . 62 . 13) That all proposed fencing adjacent to the open space along the 7 • fork of Wrights Creek not exceed a height of four (4) feet and be constructed in accordance with the requirements of the Physical and Environmental Constraints chapter 18 . 62 , Floodplain Corridor Lands, if applicable . 14) That all open space improvements (i .e . landscaping, detention ponds, irrigation, etc. ) be installed or bonded for in accordance with the procedures in the Subdivision chapter prior to signature of Final Survey plat for Phase I . 15) That additional right-of-way be dedicated along Hitt Road and Strawberry Lane, if required by the Public Works Department, to allow adequate room for the proposed street improvements . 16) That all requirements of the Ashland Fire Department .be complied with prior to the signature of the final survey plat and/or the issuance of a certificate of occupancy for each new home . Such requirements to include the installation of interior sprinkler systems in all new homes . 17) That written authorization from the Oregon Division of State Lands be provided for the proposed development adjacent to Wrights Creek prior to Final Plan approval . 18) That a deed restriction be placed in the CC&R' s for the project indicating that all understory vegetation associated with the Wrights Creek drainage way environment be retained to protect stream and habitat quality. Understory materials may be systematically replaced with like horticultural varieties of plant species when approved by the Ashland Planning Department in coordination with the Oregon Department of Fish and Wildlife . 19) That a plan describing tree protection strategies consistent with the standards in chapter 18 . 62 for Hillside Lands be submitted at the time of Final Plan approval . Plan to describe the timing and implementation of such tree protection measures in accordance with the construction of all public improvements (i .e . streets and utilities) and shared driveways . 20) That it is recommended that all construction traffic go by way of paved stre S . ,,,Plaxihing Commission pproval 15ate 8 Jarvis said the problem is the Planning Commission's job is to look at the criteria and see if this application meets it. Although it would be nice for the City to do a design that would fit into the Detailed Site Review Overlay,the Commission cannot do that because it is not applicable. The Commission cannot base a denial on the basis of design because it would be overturned. Briggs feels the Council is overwhelmed with critical decisions and they do not have time to do long-range planning. When the plan was approved a long time ago, it sufficed but it no longer meets with the high level of expectation we have now. Though Hearn agrees with much of what has been said, he believes the Commissioners have to follow the criteria and be objective. He feels compelled to approve it even if he personally disagrees with the more subjective aspects of it. Bass said it is unfortunate they are relying on a ten year old Downtown Plan with fuzzy language and in some ways it is unfortunate the City has not taken any of the suggestions that have come up in the last couple of months,but agrees the project meets the criteria. Jarvis moved to approve PA97-100 with the attached seven Conditions. Hearn seconded the motion and it carried with Jarvis, Morris, Hearn,Chapman, and Bass voting"yes"and Gardiner, Howe and Briggs voting"no". PLANNING ACTION 97-054 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT STRAWBERRY LANE. APPLICANT: DOUG NEUMAN/MEG BROWN/PAUL HWOSCHINSKY Site Visits and Ex Parte Contacts The Planning Commissioners had an organized site visit a few weeks ago. Hearn has a potential conflict of interest with this action as well as the next action(PA98-081-930 Tolman Creek Road),therefore,he stepped down and will not participate in the hearings. STAFF REPORT Molnar said at the February meeting,the applicant was asked to provide information regard street improvements, the timing of those improvements,and how they would be paid and whether or not the applicant met the burden of proof for access to and through the development. Molnar said the applicant's new submittals state the street improvements will remain the same but with the improvement extending all the way down Strawberry to the intersection of Strawberry and Alnutt with some improvements to that intersection. The entire street system will be done under one phase. The applicants made it clear in their proposal that the three property owners would bear the full cost of all improvements and they are not proposing to improve any streets through a LID. The walkways have been revised showing a standard city concrete sidewalk on all streets. There is an open space area to incorporate more of the drainage swale as shown on the latest site plan. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES APRIL 14, 1998 l3 • The building envelopes on the Hwoschinsky property have all been modified to have at least a minimum setback of 20 feet from top of bank. Staff was hesitant at the time the Staff Report was written to recommend approval because they were uncertain about the timing of the Strawberry Lane improvements from Hitt Road to Alnutt. Staff feels the application can be approved with a Condition that all Strawberry Lane improvements be done as part of phase I in conjunction with the survey plat for any of the home sites and the project not be broken into phases. Molnar suggested additional wording on Condition 16 to clarify that there will be interior residential sprinkler systems required in all new homes. As clarification on the street improvements,McLaughlin explained the applicant is proposing asking the City to join in a LID to pave the City's portion of Strawberry. The City has done this in the past and it is likely the Council would do it in this instance. Part of the land is owned by the City and part by the Parks Department. If the City and Parks choose not to participate,the applicants have said they would either carry the whole burden themselves or choose not to proceed with the project. Howe wondered if special wording is needed for the extension of the sidewalk down to Alnutt. Molnar said, "yes", it would help to clarify. Chapman asked about"capacity". McLaughlin explained the applicant has to show there is capacity of public facilities to allow for the development of the property. If there is a route to this property that is less than 18 percent, paved and meets the standard,there is capacity for development. The applicants are saying there is adequate capacity by using the Strawber y/Westwood/Wimer as the route that provides capacity for development of the property. The remaining part,going to Strawberry and Alnutt is not part of the consideration. It has not been relevant in past decisions whether or not people use the route. Gardiner asked if the Commission will not even consider lower Strawberry to the comer of Alnutt. McLaughlin said the applicant has provided a solution to pave and allows the neighborhood to remain with unpaved streets. Gardiner wondered if the comer of Alnutt and Strawberry will change. McLaughlin said it will change,especially at the comer. The city owns additional right-of-way beyond the travel surface now being used. PUBLIC HEARING TOM GIORDANO, 157 Mominglight Drive,agent for the project stated he has submitted additional information for clarification. PAUL HWOSCHINSKY, lives on Strawberry and he can see how people use the area-walkers,hikers,joggers. After the moratorium was lifted,they went through neighborhood discussions which was over three years ago. Out of those discussions came 37 '/2 acres of open space and useful discussion. During the neighborhood discussions there were many who did not want to widen Alnutt. He believes Alnutt should be made one-way going up and one- way down Strawberry. About half the time,he goes out Westwood. Giordano stated the project is all one phase. His group will pave all the way to lower Strawberry and Alnutt. The road will be engineered at Final Plan. There has been no formal agreement with the City on paving their portion. Giordano estimates there will be 92 vehicle trips out Westwood and 138 out Strawberry(based on both being ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES APRIL 14, 1998 1 � paved). Even if the traffic does not split this way,he believes they meet capacity and criteria requiring access to and through the development. Briggs noted on Lot 10(Brown property)the driveway meanders up passing close to the building envelope of Lot 9. Giordano can make adjustments or have a reciprocal agreement. Briggs said the map does not show trees over six inches dbh and it appears they are in the building envelopes 4,5,6 and possibly 2. Giordano said all building envelopes were laid out to avoid trees. Briggs said there are not elevations for sites over 35 percent. Additionally,there is an extremely steep entry onto Lot 2. Giordano did a grading detail of that specific area to show how the driveway can go up. Lot 4 appears to have an extremely steep driveway and she is concerned with cuts. Giordano said the road will run parallel to the contours and believes it meets the criteria. JERRY MANDELL, 1 111 Strawberry,said if the project is approved,he wants to make sure there is an adequate turning radius at the comer near him so the residents are encouraged to use Westwood access. He would like the Commission to think about the rest of it--Alnutt and lower Strawberry_____.____ SID FIELD,525 Tucker Street,hopes to live there someday. The trees are identified and efforts have been made to preserve the open space. He goes to Medford a lot and he would prefer using the paved street. CHRISTINE CRA WLEY, 124 Strawberry Lane,read and submitted a letter that will be go into the record. If the road is widened, she will lose four trees. During most of the winter there is ice. The added trips will be cause for safety concerns. DENISE EWING, 144 Strawberry Lane, submitted a letter too. She has street safety concerns because Strawberry will be a major traffic egress. JAN HARRELL,225 Nutley,read her comments. Jarvis asked Harrell if she had signed an agreement to participate in a LID as some point. Harrell said she probably did but did not realize it. JACK BLACKBURN,805 Oak Street,believes the neighbors should not be expected to pay for development done by developers. Streets are a city facility. He does not think the transportation criteria has been adequately addressed. SUSAN HUNT,220 Nutley,said she believes the required burden of proof that adequate access to through the development has not been met because the streets below Strawberry and Alnutt have not been paved and are going to expect 138 vehicle trips per day after this development is built. PATRICIA HALEY,400 Alnutt,does not want the Commission to approve until she knows what they are doing with her street. She thought she remembered McLaughlin saying if upper Strawberry is paved, lower Strawberry would need to be paved because of runoff. JON PEELE,234 Strawberry Lane, lives on a private drive off Strawberry. It is between .5 and.6 miles from the Ditch Road to the Plaza. By way of Westwood, it is over two mile. Safety is his issue. He does not use lower Strawberry and his neighbors do the same. Alnutt is narrow with a blind, steep curve. He would like to see a study done to make sure this is safe and adequate access. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES APRIL 14, 1998 • LAURA DUNBAR, 152 Strawberry Lane,expressed the same concerns as comments she had from the last hearing. On page 6 of the Staff Report,Conclusions,financing of improvements--is it fair for the other neighbors to pay? CHARLES SCHULMAN, 135 Westwood,said he is part of Anna Hassell's subdivision. He takes Grandview to get to town and it is dangerous. He wants the Commission to take into consideration the other projects going in. LARRY BRESSLER, 152 Strawberry Lane,does not like the unplanned costs, loss of ambiance and safety. He believes Staff is remiss in their interpretation of the of Criteria B. The applicant has failed to address construction issues which will be imposed on the residents. It appears the storm drainage will go down Strawberry to a storm drain. McLaughlin said the storm drainage has to be handled by the applicant to where there is a storm drain system in place. Jarvis moved to continue the meeting until 10:30 p.m. Briggs seconded and all approved. HARRY BARTELL, 365 Strawberry Lane,referred to the Transportation Plan. "Auto oriented land uses should be discouraged from using neighborhood streets as the primary access route"(page 16). Page 27, "Cut through traffic in established neighborhoods-disrupts life.and erodes the neighborhood integrity". HENRY KNEEBONE,449 Orchard Street,pointed on the map to the property he owns. He plans to subdivide some day. The City has a drainage easement on the property but the City will have to be responsible for it unless they make the developers responsible. There are no rocks in Wright's Creek Canyon and it really washes. With regard to Criteria B(development of adjacent land), if Hwoschinsky develops,it will cut out about six acres. The City should also think about a fire trail. The Commission postponed PA98-081 until next month. DEBBIE FITZPATRICK,450 Orchard Street,is concerned with safety on streets. She suggested a STOP sign at the base of Westwood where it T-'s into Orchard. SUSAN POWELL, 180 Nutley Street, is amazed the Commission could consider there is adequate transportation to and through the development. She believes people are going to use her road even if it is not paved. She is concerned about the storm drainage. She is concerned about the construction vehicle trips. Will heavy equipment use her street every time a new house is built? Staff Response McLaughlin noted the City's efforts over the years regarding this property. In the 1970's the zoning for this area allowed for 200 units. It has been downzoned since that time and,in addition,the City has also purchased some significant parcels for open space,helping to reduce the development impact. In the attempts at the neighborhood planning process,further downzoning was discussed which the applicants have followed,using one acre zoning,so the total development of the area dropped to 50 units. There has been much testimony in the past two meetings where paving is proposed for those narrow streets and as a result the neighbors are concerned about loss of ambiance and the feel they have for the area. Equal concerns about safety(driving on paved vs.unpaved)were raised. The developers are proposing paving those over which they have control. With regard to access to the development,a recent planning action was approved with access out Westwood towards Grandview. Jarvis wondered with regard to lower Strawberry what is expected of the property owners and what were they led to ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES APRIL 14,1998 / believe. McLaughlin said the City has agreements to pave on file for different properties along Strawberry. The same is true of Alnutt. Jarvis moved to continue the meeting until 11:00 p.m. The motion was seconded and approved. Rebuttal Giordano said even though the neighborhood plan is in draft form,the proposal is designed with the plan in mind. He believes the applicants have met the criteria showing transportation to and through the development by paving out Westwood leading to Wittier. Giordano said his own work was checked by transportation consultant,Wes Reynolds who said all streets concerned are under capacity. Reynolds said the county standard for a dirt street is 800 vehicle trips per day. Giordano said the City is not going to allow the applicants to dump drainage off Strawberry and Alnutt. There will be a connection. Giordano explained thaLKneebaneipredicament is.that he cannot develop because of the creek and terrain. _- COMMISSIONERS' DISCUSSION AND MOTION Howe is impressed the developer will take responsibility to pave and sidewalk to Alnutt. That is acceptable. Morris does not believe Strawberry and Alnutt are at capacity. Jarvis said the precedence is very clear. The Commission has said in the past(Ivy and Mountain)if there is one road accessing in and out of the development,that is adequate transportation. She does not see how that precedence can change mid-stream. Jarvis wants to make certain all the recommendations regarding drainage are addressed. Bass believes the developer has gone the extra mile to make the development compatible. Briggs wanted to add a condition with regard to construction vehicles avoiding Strawberry and Alnutt. McLaughlin said such a condition would be difficult to enforce but a condition could be added to suggest construction traffic go by way of a paved access. Chapman believes the improvements to lower Strawberry need to be addressed before approving anything father up. Jarvis moved to approve PA97-054 with the attached conditions including interior sprinkling of proposed homes. There will be no phasing of the project with no permits issued until the paving is completed. Also there will be a sidewalk that goes through the property to the comer of Alnutt. Gardiner seconded the motion. The motion carried with Briggs and Chapman voting"no". APPROVAL OF FINDINGS Jarvis moved to approve the Findings for Trinity Episcopal Church. Howe seconded the motion and the Findings were approved. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES APRIL 14, 1998 ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM April 14, 1998 PLANNING ACTION: 97-054 APPLICANT: D. Neuman, M. Brown, P. & C. Hwoschinsky LOCATION: Adjacent to Hitt Road and Strawberry Lane ZONE DESIGNATION: RR-.5-P COMPREHENSIVE PLAN DESIGNATION: Rural Residential ORDINANCE REFERENCE: 18.16 _ Rural Residential 18.88 Performance Standards REQUEST: Outline Plan approval for a 25-lot subdivision under the Performance Standards Option for the properties located adjacent to Strawberry Lane and Hitt Road. Original Application Date May 9, 1997 Additional Information Provided December 23, 1997 Application Deemed Complete December 31, 1997 120-Day Expiration April 29, 1998 60-Day Extension Granted February 10, 1998 Revised 120-Day Expiration June 26, 1998 I. Additional Information The project was presented to the Commission at its meeting on February 10, 1998. The Planning Staff raised several concerns, which were outlined in the initial Staff Report, and had recommended that the hearing be continued until answers to the issues could be provided by the applicants. In addition, the minutes from the February 10, 1998 meeting reflect several items raised by the Commission needing further clarification. The applicant's have submitted a written rebuttal with exhibits addressing issues raised by the Commission, Staff and through other public testimony. In order to maintain some resemblance of organization in the evaluation of project concerns, Staff has identified the issues raised in the initial Staff Report and given a brief update on the status of each concern. It should be noted, the applicant's have made one significant change in the proposal. As stated in their addendum, "the applicants wish to amend the application to include /S paving from Westwood Street to the intersection of Strawberry Lane and Alnut Street...." The original design proposed the new improvement to Westwood Street and Strawberry terminating at the intersection of Ditch Road and Strawberry Lane, approximately 150 feet short of the intersection with Alnut Street. Regarding the primary issue raised by the neighborhood concerning the creation of a local improvement district for street improvements on Strawberry and Alnut, the applicants are NOT proposing to form an LID, but rather provide paved access from the development out Westwood Street to Wimer, and to pave down Strawberry from the development to the intersection of Alnut and Strawberry. II. Project Impact Street Improvements Staff Concern: No commitment has been made by the City of Ashland or Ashland Parks Commission regarding participation in a local improvement district. To allow for a finding of paved access, the applicants need to assume full responsibility for the street improvement of Westwood and Strawberry should an LID not be formed. In response to this concern, the applicant's have stated that they are prepared to pay for the entire cost of road improvements themselves, or share the cost with the City. Staff Concern: No time frame has been submitted regarding Phase II improvements for Strawberry Lane between Hitt Road and the Ditch Road. Additional discussion regarding the phasing/timing of improvements to Strawberry Lane, between Hitt Road and Alnut Street has not been provided. In the applicant's previous addendum, dated February 10, 1998, the paving of Strawberry Lane from Hitt Road to Alnut will be completed as part of Phase II - three homesites. This proposal would allow for 20 new homesites (Phase I) to be developed prior to any improvement of Strawberry Lane, between Hitt Road and Alnut. If the applicants ultimately decided not to complete Phase II, this section of Strawberry Lane would remained unimproved for the foreseeable future. Staff believes that a different phasing schedule than what the applicant's have proposed previously needs to be considered. The improvement of Strawberry Lane from Hitt Road to Alnut should be constructed prior to the completion of Phase I (20 homes). PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 �C� Page 2 Staff Concern: The applicants need to clarify the nature of the sidewalk improvement for all of the streets and the types of materials proposed. Further, pedestrian improvements must be provided on all streets to be improved including Strawberry Lane, unless a variance is requested. The road cross-sections for all streets in the project, including Westwood, New Road, Hitt and Strawberry, have been amended to include the installation of a standard five foot in width, concrete sidewalk. Consequently, no variance to City street standards is required. Staff Concern: The street design for the intersection of Hitt Road and New Road should be modified, perhaps at Final Plan, to address the concerns relating to adequate sight distance. As discussed in the initial Staff Report, "The location of this intersection may present some difficulty with providing adequate sight distance. Specifically, Staff believes that possibly moving the intersection further to the south (uphill) should be explored. This would shift the intersection away from the steep curve in Hitt Road, improving the downhill sight distance for cars turning left on Hitt Road." While there is no discussion of this concern in the new information provided by the applicant's, Staff feels comfortable that this issue is more suitable to address during the development of engineered construction plans at the,time of Final Plan approval. Accordingly, a condition regarding the intersection's compliance with sight distance standards should be incorporated as part of Outline Plan approval. Provisions for Storm Drainaee Staff Concern: The applicants need to clarify the nature and extent of the drainage swales proposed for the flatter street sections. A clear map indicating the type of storm drain improvement for all streets should be submitted to allow for a finding of adequate storm drainage. The off-site storm drain improvements need to be more fully explored. Information from the City's Engineering Division indicates that a main storm drain line will need to be installed from the intersection of Hitt Road and Strawberry, down Strawberry Lane to its intersection with Scenic Drive. Accurate system-wide information needs to be provided addressing the potential storm water concerns. PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 .120 Page 3 The applicant's agent acknowledged during the public hearing that the use of open drainage swales may be limited to alongside streets with grades of 5 percent or less. Information was provided at the February meeting showing a tentative design for the use of drainage swales. The proposed drainage swales are intended to serve approximately 2/3 of the new road and 2/3 of upper Strawberry Lane. Detention ponds are proposed to be installed throughout the common open space in order to slow water passage and protect the natural creek environment from increased peak flows resulting from paving and development. Since sediment will accumulate in the ponds over time, the Homeowner's Association will be responsible for a regular sediment removal and maintenance schedule for the system. Open Space and Natural Drainage Ways Staff Concern: The open space area should reflect the area proposed for detention ponds to ensure that adequate-areas-are-provided. Further, the open space area should encompass the natural drainage area to the greatest extentfeasible. Preliminary engineering indicating the size and extent of the ponds should be included. As described above, the tentative location of detention ponds has been identified on the information provided at the last meeting. The final design and location of swales and ponds will need to be submitted at the time of Final Plan for review and approval by the Public Works and Planning Departments. Staff Concern: The open space south of Strawberry Lane should include the drainage way area, or clear justification made by the applicant why it should not be included. The configuration and size of this area is slightly different on each of the three plans submitted. The plan submitted at the February meeting seemed to address this concern by including the majority of the swale in the common open space, with the exception of the upper most limit. Staff has included a condition stipulating that the open space area shown on the Final Plan match the size and configuration of the area shown on the plan presented at the February 10, 1998 meeting. Staff Concern: The building envelopes for lots 3,4, & S on the Hwoschinsky property should be relocated to ensure protection of the creek channel area. Staff believes this issue has been adequately addressed on the revised plan. Building envelopes for lots 2, 3, 4 and 5 have been setback a minimum of 20 feet from the top of PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 02 / Page 4 • creek bank. Miscellaneous Concerns Staff Concern: The building envelope from Lot 7 needs to be modified to meet minimum setback requirements. This issue has been remedied and noted on the revised site plan. III. Procedural - Required Burden of Proof The criteria for Outline Plan approval under the Performance Standards Option are as follows: A) That the development meets all applicable ordinance requirements of the City of Ashland. B) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. ' C) That the existing and natural features of the land; such as wetlands, jloodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. D) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. E) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. F) That the proposed density meets the base and bonus density standards established under this Chapter. PA97-054 Ashland Planning Department — Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 o42, Page 5 IV. Conclusions As mentioned in the initial Staff Report, the key issue, both to the applicants and the neighboring properties, involves the Commission's finding of "adequate transportation." The applicant's addendum (dated March 16, 1998) addresses the potential traffic impacts of the project, concluding that the 230 trips generated by the development (approximately 92 ADT's out Westwood and 138 ADT's out Strawberry Lane) will not cause the existing street system to function beyond its capacity. It is Staff's opinion that a comprehensive plan for the construction and timing of street improvements for the entire area would be the ideal. But as noted in the initial Staff Report......"This issue provided the greatest difficulty in the neighborhood planning process, and disagreement over the extent of street improvements, nature of the improvements (paved vs granite), and who would pay for the improvements ultimately led to a stalemate in the process." We also believe that requiring the three applicants ---------- ---- -- - to finance the improvement of all unimproved streets in the area-is-unreasonable-and- unfair. It is Staffs opinion, that the proposed improvement of Strawberry Lane from Westwood Street to the intersection of Alnut Street, with all costs borne by the applicants and possibly a portion by the City through an LID, is proportional to the project's impact on the area and represents a substantial portion of the unimproved street system of the area . While Alnut Street and the section of Strawberry Lane below its intersection with Alnut Street will remain unimproved under this proposal, we do not believe that the additional traffic generated by 23 new homes will cause either of these sections of road to operate beyond a reasonable level of service. Still, a significant issue relates to the ultimate timing of the improvement of Strawberry Lane below Hitt Road. The new information provided by the applicant's does not clarify this issue. As a result, Staff has concerns regarding the approval of the project until this issue is further addressed. Recommendation If a specific time frame for the improvement of Strawberry Lane from Hitt Road to Alnut Street can be determined by the Commission, Staff believes it would be appropriate to approve the project with the attached conditions found below. In Staffs opinion, the improvement of Strawberry Lane below Hitt Road to Alnut should occur before the completion of the 20 homes identified as Phase I. Staff would recommend that the timing of these improvements be a point of further discussion between the Commission and applicants. 1) That all proposals of the applicant be conditions of approval unless otherwise PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 A3 Page 6 v, modified here. 2) That the final design of the intersection of Hitt Road and New Road comply with City sight distance standards. Compliance with sight distance standards to be indicated at the time of Final Plan approval. 3) That the location and final engineering for all storm drainage improvements associated with the project, including but not limited to drainage swales, detention ponds and piped systems, be submitted at the time of Final Plan for review and approval by the departments of Public Works and Planning. 4) That building setbacks along the perimeter of the project site to comply with yard requirements of the RR-.5 zoning district. 5) That a draft copy of the CC&R's for the Homeowner's Association be provided at the time of Final Plan. CC&R's to describe responsibility for the maintenance of all common open space in accordance with the Fire Prevention and Control Plan. CC&R's to provide time schedule for the regular maintenance of storm water detention systems and Fire Prevention and Control strategies. 6) That the central open space area shown on the Final Plan between the New Road, Hitt Road and Strawberry Lane match the size and configuration of the area shown on the plan presented at the February 10, 1,998 meeting. 7) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each lot prior to the issuance of'a certificate of occupancy. Street trees with root barriers to be installed within the planting strip/parkrow prior to the certificate of occupancy. Root barrier design to be submitted for review and approval at the time of Final Plan. 8) That all easements for sewer, water, electric, and streets be indicated on the final survey plat a required by the City of Ashland. 9) That a site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission for all common areas and planting strips be submitted for review at the time of Final Plan. 10) That any installation of fencing along the boundary of the open space not exceed a height of four (4) feet. 11) That a drainage and grading plan for the project be submitted at the time of Final Plan for review and approval by the Engineering and Planning Division. PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 Page 7 12) The engineered construction drawings for all streets and shared private driveways be provided at Final Plan. Plans to include profiles and cross sections, indicating cuts and fills, erosion control and slope stability methodologies consistent with the standards for Hillside Lands contained in AMC 18.62. 13) That all proposed fencing adjacent to the open space along the fork of Wrights Creek not exceed a height of four (4) feet and be constructed in accordance with the requirements of the Physical and Environmental Constraints chapter 18.62, Floodplain Corridor Lands, if applicable. 14) That all open space improvements (i.e. landscaping, detention ponds, irrigation, etc.) be installed or bonded for in accordance with the procedures in the Subdivision chapter prior to signature of Final Survey plat for Phase I. 15) That additional right-of-way be dedicated along Hitt Road and Strawberry Lane, if required by the Public Works Department, to allow adequate room for the proposed street improvements. 16) That all requirements of the Ashland Fire Department be complied with prior to the signature of the final survey plat for Phase I and/or the issuance of a certificate of occupancy for each new home. 17) That written authorization from the Oregon Division of State Lands be provided for the proposed development adjacent to Wrights Creek prior to Final Plan approval. 18) That a deed restriction be placed in the CC&R's for the project indicating that all understory vegetation associated with the Wrights Creek drainage way environment be retained to protect stream and habitat quality. Understory materials may be systematically replaced with like horticultural varieties of plant species when approved by the Ashland Planning Department in coordination with the Oregon Department of Fish and Wildlife. 19) That a plan describing tree protection strategies consistent with the standards in chapter 18.62 for Hillside Lands be submitted at the time of Final Plan approval. Plan to describe the timing and implementation of such tree protection measures in accordance with the construction of all public improvements (i.e. streets and utilities) and shared driveways. GAPI=\CuffcM97-054 PA97-054 Ashland Planning Department -- Staff Report Addendum Neuman, Brown, Hwoschinsky April 14, 1998 aS Page 8 • R F�Fi�Eo MqR LAND(PLANNING 16 March 1998 City of Ashland Planning Commission 20 E. Main Street Ashland, OR. 97520 RE: Clarification of Information to Commission, Staff and Public Testimony-Strawberry Lane Subdivision Honorable Commission, Although the attached information has been previously submitted to the Planning Commission in the application package, we recognize the difficulty the Commission may have sorting through the numerous pages of material. Therefore, we have condensed the pertinent information relating to the questions and testimony of staff, commission and public into this document. Further, the applicants wish to amend the application to include paving from Westwood Street to the intersection of Strawberry Lane and Alnutt Street, see Attached Exhibit (A). A Revised Site Plan which shows the Lot Layout, Building Envelopes, Slope Analysis, Street Sections, and Openspace is enclosed. Street Improvement As mentioned above, the applicants will pave and provide pedestrian access from the intersection of Strawberry Lane and Alnutt Street to Westwood Street, see Exhibit A. This will address the requirement "to provide to and through access to the development". the applicants will also pave the pathway in concrete (per city standards) which will eliminate the necessity for the homeowners to maintain this path and a variance request, see Cross Section on the updated Site Plan. As mentioned in the response to the staff report letter (10 February 1998) the applicants will either pay for the road improvements themselves or share the cost with the city. A/ 157 Morninglight Drive ♦ Ashland, OR 97520 ♦ Phone and Fax (503) 482-9193 RECEIVED 1998 Potential Traffic Impacts The traffic impacts for the proposed development is well within accepted standards and practices for street capacities. To support this statement, the applicants are providing exhibits B, C, and D, which depict estimated traffic counts at: 1. Full Build out at the present zoning of RR.5 (Exhibit B); 2. Full build out at one acre zoning (Exhibit C); and 3. Current traffic counts (1995), street capacities and vehicle trips generated from the proposed development (Exhibit D). The above information was obtained from the draft Strawberry/Westwood neighborhood plan which was prepared by the City in conjunction with the Westwood- Strawberry Lane Study Group. The development will generate an additional 230 vehicle trips. These trips are split between Westwood (40%) and Strawberry Lane (60%). The split ratio was also obtained from the draft Strawberry / Westwood Neighborhood Plan. The capacity for a paved local collector street is 1500 ADT's. The County uses 800 ADT's for unpaved roads. It can be found that even at the maximum build out at both one acre and half acre zoning, the capacity on the street system would not be reached, see Exhibit B and C. Also, if the vehicle trips generated by the proposed development (92 ADT's out Westwood and 138 ADT's out Strawberry Lane) are added to the present traffic counts, the additional vehicle trips are far below the street capacity, see Exhibit D. New Hillside Development Ordinance A 12 year, new development moratorium, was removed in 1995. Upon removal of this Moratorium the City began a planning process to address the long range concerns of the neighborhood. A Neighborhood Study Group met on numerous occasions with the assistance of City Planning Staff. This process lasted more than 3 1/2 years and resulted in the draft Strawberry / Westwood Neighborhood Plan. The applicants have participated in the Neighborhood Planning process and waited for it's completion before filing a Development Plan. As mentioned in the Project Narrative, the proposed Development Plan is in concert with the draft Neighborhood Plan. The application for the development was voluntarily delayed by the owners to allow completion of the Neighborhood Plan. Further, both the Neighborhood Plan and the proposed Development Plan preceeds the discussion of the Hillside Ordinance. This ordinance has only recently been oC RECEIVED M4R 2 approved. The submittal of this application in May of 1996, and was accepted as complete in December 1997, prior to the Hillside Ordinance enactment. The main difference between the design of the development and the new ordinance is building envelopes on slopes greater than 35%. The Revised Site Plan shows most building envelopes outside the 35% slope area; However, on the Brown property, some portions of the building envelopes are within areas greater than 35%. The Design Concepts Section of the Narrative also describes criteria which is consistent with the new ordinance. Openspace The proposed private openspace, see Revised Site Plan, serves the following purposes: - 1. The preservation of significant trees; 2. The location of natural drainage and riparian areas-, 3. The protection of the view shed from the downtown and across the canyon; and 4. The stabilization of areas of significant slope. The total private openspace area is 7.37 acres , which is 29 % of the total development. This percent is far greater than the 5% required under the city ordinance. As mentioned in the Narrative, the Openspace is private due to the sensitivity of the area. Public trails through the Openspace would create a potential fire hazard and disturb the natural drainage way/riperian area. Further, the applicants are providing a meandering path within the public ROW for pedestrian access. In conclusion, the applicants have worked with the City and their neighbors for the past 3 1/2 years since the moratorium was removed, to create a unique neighborhood. This co-operation between the City Planning Department, the City Parks Department, the neighbors and applicants has yielded the protection of the City's view shed, the acquisition of park land and a voluntary down zoning for the area which in total, preserved the sense of openness to this unique geographical bench above the City. Where there were to be 49 homesites in 1995, there are now 28 homesites. Where there was very little park and openspace, there are now 37.5 acres. 1� 0 ECEIVED MAR 2 3 1998 NYIA LANE f•. �j,'!'! r ti!!/Jul,. `_'t•!/ .�' �Ill� r' ,r'.✓.jf btT PROPOSED CITY 1�`�irf f f!f '' / ,!f'• ✓��t• /r TRAILS �} I 0 n 0 000 �^ Q F HWOSHINSKY • t r,'' ,fs'af r rt,4 f •rf'�''f` I r r} 66/r a. /'/ t ' . "',• .•; w / { ALTERNATE f�"}}�p�1 � ,�•r. f�, r! " • r a',� � � PEDESTRIAN ROUTE V L tM rr S I- NEUMAN I BRO PAVING OF STREET BYAPPLICANTS 7 71 Oy G � s x Strawberry I Westwood Neighborhood Plan9 _ 7 _ Paved Access /Trails it Area Map aN Pedestrian Route D Strawberry Lane - Ashland gall om oC q RECEIVED MAn 2 3 1998 775 z _ :•4, t_G. � � � � y• `�'� SUSAN LN 2 w ".4 k} Oy WEST ST. b 387 Dv� " 339 MANZANiY P N tP � B0ISC6E SUS � SCHOOL Ca ro 9V cT. 304 " el) £ vH v' p S FY S. N ARQ 4T. 350 °2a N rLA L M. cl Ln Li Ln s . S b • � 574 a � � ,�' S 255 CLEF l c E N LITHIA PARK w � s x Strawberry/Westwood Neighborhood Plan ? 7 Estimated Traffic Counts g Q —RR-.5 Zoning (eurrent) Full Build-Out N E$ o m Strawberry Lane - Ashland �D 1�J SWING({ 1 L b Jfr $USN1 LOSE i ` 338 N :. r WANZANI GRAM E � 0 s� � � � cr. 7.46 G� D SST. 11 269 LN. C3 Ci $ C N .d- GLENN a E LITHIA PARK • � 1 M Strawberry/ Westwood Neighborhood Plane € Estimated Traffic Counts — RR-1 Zoning (proposed) Full Build-Out — N Strawberry Lane - Ashland wail ON ,FPIE�t I ORCR ST. r NYTA LANE !.''%r!.'i.r• • ' sir,',`''/i:;✓, (� 00 CAPAC171( % 92 ADTS.(P 172 ADTS99'. .J ' HWOSHINSKY �r !.,•:• �- lr:' ;� r�.� P ESIVIAN rif %• _ A, —a=ss •r !r •r ' PEDEsrisAN Rov1E �a I rfr I I LIMITS ' I 9 ► � i I NEUMAN a° \ I I PROeos® ♦ I NEW STREET BROWN HV�� GATE I TAIL I 800 dAPAC 1 138 ADTS (PROJECT) 185 ACTS (TOTAL) + I -----------------------------------------------------J s k Strawberry I Westwood Neighborhood Plan Estimated Traffic Counts N 9= m —From Proposed Development— �J 28 m o i g Strawberry Lane - Ashland �'s RECL'VED ,gag - - - - - - - - - - 4 Blom Ili L Sim Is STRAWBERRY LANE Cox t v=1 OVERVIEW SITE PLAN ON im BROWN, HWOSHINSKY, NEUMAN PROPERTIES s SEE ARCHITECTURE LAND PLANNING DATE: 10 February 1998 TO: City of Ashland Planning Commission 20 E. Main Ashland, OR. 97520 RE: Response to Staff Report-Planning Action 97-054, Strawberry Lane Subdivision Honorable Commission, The applicant's, Neuman, Brown and Hwoschinsky, request Outline Plan Approval for a 25-Lot subdivision under the Performance Standards Option for the properties located along Strawberry Lane and Hitt Road. The applicants would like this opportunity to respond to the Planning Staff's concerns. Concern One- Pedestrian Path Improvements As show and mentioned in the drawings, Narrative and Findings, a five foot wide meandering path is proposed for the project. This path will be surfaced with AC brown colored paving. Maintenance for this path will be written into the CC&R's and be the responsibility of the homeowners . The improvements to Strawberry Lane from Hitt Road to the irrigation ditch and Alnut, will be accomplished during the second phase of the project. It is the applicant's belief that there is sufficient width for a sidewalk within the proposed 40 foot right-of-way; however, this may not be the best solution for pedestrian access to this neighborhood. The proposed Strawberry/Westwood Neighborhood Plan mentions alternatives to conventional sidewalks, see City's proposed Pedestrian Trail System Map. In either method, the applicants will provide a Sidewalk/ Pedestrian Path within the Strawberry Lane Row or participate in a trail system linking the downtown to this neighborhood prior to Final Plan approval of Phase II. 157 Morninglight Drive ♦ Ashland, OR 97520 ♦ Phone and Fax (503) 482-9193 Concern Two- Drainage and Openspace The applicants have amended the building envelopes for Lots 3, 4 and 5 on the Hwoschinsky property and Lots 1, 2, 3, 4, 5, and 6 on the Neuman property for greater protection of the Wright's Creek Drainage, see attached drawings. Further, the applicants have provided drawings with additional information regarding the Openspace and location of detention ponds, see attached. Concern Three- Building Envelope, Lot 7 Lot 7 (Neuman property) should be 15 feet not 13. This was a drafting error and will be corrected prior to Final Plan approval. Concern Four- Phase II Improvements As mentioned in the Narrative/Findings, Phase II would be implemented when a final decision is made by the City Council on what method for financing street improvements will be used. The three Lots along Strawberry Lane would not be developed until the street improvements are made; however, the applicants will install an underground storm drain system (see Narrative/Findings) from Hitt Road to Alnut, during Phase I. Concern Five- Financing Street Improvements and Access LID's are the concern of the City Council. As yet, no formal agreement has been reached for the City's participation in paving Strawberry Lane from Hitt Road to Westwood. It is the aim of the applicants to to pave this portion of Strawberry Lane without going through an LID process. The applicants acknowledge that financial assistance from the City is desired and would be sought if the project receives Outline Plan Approval. If assistance is not given by the City, the applicants can either pay for all improvements or drop the project. It is the applicants' belief that they are satisfying the requirement to provide paved access to the proposed development by paving Strawberry Lane to Westwood Street. It is also understood that a portion of the traffic will use lower Strawberry to gain �2 access to the downtown, but the additional 92 ADT's on this route would not significantly impact the present conditions. It is also acknowledged by City Planning 00 and Public Works staff that this portion of Strawberry Lane must be improved in a timely manner regardless of this project, and only the method of financing it, is in question. Further, due to low market demand for higher priced lots, the development will not realize full build out for approximately seven to fifteen years. Therefore, the maximum amount of potential traffic impact will occur after the paving of lower Strawberry Lane and Alnut Street. The applicants will participate in whatever form of street improvement method the City Council proposes. Strawberry Lane Subdivision StaTI Report Response, Feb 10, 1998 Scale P'=60' fonfour interval 5' North T Property lines and Open Space delineation as well as building envelope delineation has been altered to better respond to natural and proposed drainage systems. Actual sizing/capacify of detention ponds is variable because there is no requirement in this development to provide specific detention. Ponds are sized to respond to aesthetics, and are spatially determined by topography and line delineation. Ponds indicated in the open space areas are conceptual only, though based on criteria of slope, topography, and natural drainage pattern. STRY+�JBERRY LANE WLVEar _ ----- i (NOT PART OF SUBDIVISION) , Bleck r�6 e //V 7 �% Cak ' 3 10' Wk _ o \ d, Strawberry Lane Subdivision Staff Report Response, feb 10, 1998 Scale 1"=60' Contour interval 5' North T Property lines and Open Space delineation as well as building envelope delineation has been altered to better respond to natural and proposed drainage systems. Actual sizing/capacity of detention ponds is variable because there is no requirement in this development to provide specific detention. Ponds are sized to respond to aesthetics, and are spatially determined by topography and line delineation. Ponds indicated in the open space areas are conceptual only, though based on criteria of slope, topography, and natural drainage pattern. n j�✓ r ! i �, � � t j\ A / a) 20' ?ine - K5 o � -2 T t A lk Ems_ 00 N -1 cy- 5 tE E Z —v AE Ai$ o Q u CL w ZD ej E CD OQ w need for the walkway on the south side of the drive. Fields is amenable to Condition 5. Molnar believes the final floor elevation showing a ten inch drop will probably work as long as it does not go below that. Fields makes a valid point in juggling accessibility and the change in elevation through the courtyard. The front door area is wider and will have planters and benches, giving it a stronger sense of entry so an approximate ten inch drop from the sidewalk will be workable. McLaughlin suggested adding wording to Condition 3 at the end of the second sentence "...and with the provision of reciprocal access easement from the adjoining property". Armitage thought Condition 6 would need re-wording. Jarvis suggested deleting the first sentence and then: "Finished floor elevation and sidewalk to be indicated on the site plan at the time of submission for a building permit and not to fall below the elevation as indicated on the applicant's plans". McLaughlin noted that through an electronic transfer problem, the publication of notice in the newspaper for this public hearing and the next one were not published. In order to meet requirements and keep the applicant on the same timeline, the Commission can give Staff an indication of their decision tonight, keep the public hearing open until next month's meeting, at that meeting re-open the public hearing, allow testimony after publishing of the notice, grant approval at that time and adopt findings at the same meeting. COMMISSIONERS DISCUSSION AND MOTION It was decided the final vote will be taken next month. Everyone favored the application. McLaughlin said the applicant can handle the boundary line adjustment. McLaughlin announced the hearing will be continued at the March 10th, 1998 meeting at 7:00 p.m. and notice will not be mailed out again. Bass moved to continue the hearing until next month. Gardiner seconded it and the motion carried unanimously. PLANNING ACTION 97-054 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT STRAWBERRY LANE. APPLICANT: DOUG NEUMAN/MEG BROWN/PAUL HWOSCHINSKY Site Visits and Ex Parts Contacts Site visits were made by all. Hearn abstained and declared a potential conflict of interest. Bass did not see a sign on the property. Howe came across a City worker who mentioned there is a culvert that goes under Strawberry even though the street is not paved. STAFF REPORT Molnar stated notices were mailed with the applicable criteria. Molnar said a number of issues ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES FEBRUARY 10, 1898 � 39 have been raised in the Staff Report and the recommendation is to continue the hearing because of the problem with public noticing and because there is insufficient information for Staff and the Planning Commission to make a finding that this application complies with all approval criteria. The proposal involves approximately 25 acres owned by three property owners. There are two existing residences on the property so the proposal will be a net increase of 23 new homes. Molnar showed an overhead of the site. The proposal will be done in two phases. The applicants propose in the first phase to improve and pave Westwood from the Hassell development to Strawberry where it intersects with Hitt Road. At that point, the gate would be removed, Hitt Road would be widened to a two lane road up to the new street as part of the subdivision that loops around to Strawberry. This area would include 21 of the 25 lots. Phase 2 would begin at Strawberry and Hitt, paving Strawberry down to where the Ditch Road intersects with Strawberry at the end of the Brown property. This phase would access four homesites including the existing homesite. Within certain aspects of the project the applicant proposes non-conventional pedestrian walkways such as a meandering pathway. The addendum provided by Giordano states the pathway will be a brown asphaltic concrete surface. The long-term maintenance of the pathway would be the responsibility of those in the subdivision through the CC&R's and homeowner's association. The applicants are proposing non-traditional means of storm water retention so the runoff from streets and roofs, where possible to accommodate, would flow into an open ditch or swale adjacent to the public street that would most likely be lined with stone and ultimately go through the open space area with a series of detention facilities. The intention would be to reduce the rate and volume of storm water from the project into Wright's Creek. Staff feels this is an admirable goal but the type of treatment suggested is difficult to use as street grades increase. However, the cross section and street information received with the application, indicate the storm drain system would be used for the majority of the project. Staff did not feel there was enough information provided to show that public facilities are adequate to serve the project. There was no preliminary engineering in terms of the location of detention facilities and their capacities. Giordano has submitted addendums showing anticipated location of the ponds which Staff would have to have time to review. Staff also needs more detail. Building envelopes define the setbacks of where a building can be built on each lot. In some cases, specifically on the north side of Strawberry Lane on the Hwoschinsky parcel, some of the building envelopes seem very close to the top of the Wright's Creek bank. It appears there is room to back the envelopes away from the top of the bank. Giordano addressed this in his addendum, showing the envelopes set back much further but Staff has not had an opportunity to review. Phase 2 street improvements include taking Strawberry at its intersection at Hitt and paving downhill to where it intersects with Ditch Road. There was no indication in the application of when those improvements were to occur. Staff made it clear that the platting of homes serving off lower Strawberry would not be able to occur until those improvements were completed or bonded for and that has been addressed in the addendum. The applicant indicated there was an assumption the City would participate in the financing of ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES FEBRUARY 10,1898 the paving of the area from Westwood from the end of the Hassell LID and from Strawberry up to its intersection with Hitt Road. The applicant would need to agree to fund improvements themselves or not move ahead with the project. Girodano's addendum has indicated they would fund the improvements. Are the improvements to access the project sufficient? The criteria states there needs to be paved access to and through the development. The applicants are proposing they meet the criteria in a similar fashion as interpreted in past applications. They show a paved route to the development (Strawberry/Westwood/Orchard/Wright's Creek/Wimer/North Main) to a city collector street where the grade on those residential streets does not exceed 18 percent. They will pave the streets throughout the subdivision. The other part of adequate facilities is demonstrating that adequate transportation exists. That is less clearly defined in the Comp Plan and the Land Use Ordinance. In the past, the question asked is: Are the transportation systems leading to and from the site adequate in addition to the systems in the development and the paved route that is proposed? Are the walkway, bike and pedestrian systems adequate and what are the demands that will be placed on those systems from the proposal? Even after the second phase of the development, the improvement down Strawberry is proposed to end at the Ditch Road, leaving an area of unpaved roads (Strawberry to Granite and the intersection of Strawberry and Alnutt). There was not much discussion by the applicant as to why those roads that will be kept unpaved when additional traffic will be placed on those roads as a result of the subdivision. The application does not state whether adequate transportation exists. The applicant and Commission should consider the questions on page 9 of the Staff Report. Jarvis asked about the status of the Strawberry/Westwood Neighborhood Plan. McLaughlin said a committee worked on the plan for a couple of years, taking a comprehensive look at the future development of upper Strawberry, how many units will be ultimately developed, opportunities for open space, and how to deal with transportation when development occurs. There was agreement on open space and the City bought 20 acres (Held property) and additional parcels for open space which all resulted in substantial reductions in the total number of units that could be built. The discussions on density, whether or not to downzone to one acre lots or two and one-half acre lots, got bogged down. When the study session was held with the Planning Commission and Council and they walked the area, the Planning Commission wondered why it should be downzoned. The density issue has stalled the planned project as well as how to deal with the improvement of the streets. By reducing the ultimate development (number of units), how do you spread out the cost of the improvements throughout the neighborhood? A solution was never arrived at. In the midst of that discussion, the whole discussion of LID's city-wide began occurring. This application is coming in at a reduced density of 1.2 units per acre rather than the .5 acre zoning. They are not proposing to form an LID. They are leaving it up to the Council and neighborhood to provide a solution. Jarvis wondered if there was any way to direct the majority of the traffic out Westwood and is that feasible. McLaughlin said no study had been done. In the plan a traffic analysis was done and it was assumed that at full build-out of the area, approximately 60 percent of the traffic generated in this area (25 homes) would make trips down Strawberry/Alnutt, assuming the roads are all paved. Those percentages are probably not as valid if only one way out is paved. Bass asked if it Staff's opinion that there is adequate transportation for the existing community there now. McLaughlin affirmed. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES FEBRUARY 10, 1898 41 jV' j2 Briggs asked if there could be a site visit done by the Planning Commission. Chapman always hoped that if any development occurred in this area that the traffic would be directed down Westwood, except there should always be an emergency exit route so if there is a wildfire, people could get out by an alternate route(s). Howe said it appeared the large map she has been referring to has been modified. She has concerns about the long wishbone driveway access to Lots 4 and 5 on the Hwoschinsky parcel as well as turnarounds and guest parking. McLaughlin said there is no document showing the City has granted access across the City's property. Giordano submitted an alternate drive proposal. Howe had additional concerns about Neuman property Lots 11 and 10 turnaround and back-up areas. Howe said the blackberries and swale are off to the west. The map shows a knoll and she wondered if the open space has been modified. Jarvis entered a letter from Susan Hunt stating her objections to the hearing because of Improper noticing. She placed a letter from Dr. and Mrs. Ewing in the record and a letter from the Taylors. Giordano's response will be entered in the record. - The Bartholomew letter will be copied and placed in next month's packet. PUBLIC HEARING TOM GIORDANO, 157 Morninglight Drive, introduced Doug Neuman, Meg Brown and landscape designer, Kerry Kencalm. Giordano explained their original submittal for application was in May of 1997. Staff recommended holding up proceeding until some of the issues regarding LID's could be solved. He noted the Commissioners had the incorrect large site plan. Giordano said the application is close to the density in the neighborhood plan and they have tried mostly to comply with the new hillside standards. Their application was submitted before the hillside ordinance went into effect. Giordano believes he has addressed the pedestrian path. Also, the plan has been modified to allow for more of the open space and allow the drainage to occur. They have a letter from Paula Brown, Public Works Director stating the drainage is a good idea and final engineering can be worked out at Final Plan. The building envelopes have been modified to address Staff's concerns. With regard to street improvements, the drawings, the narrative, the findings, conclude there is access to and through the development out Westwood. That is why Phase 2 will develop when the Council decides what method of payment they would like to see occur. Traffic impacts will not occur all at once. There will not be full build-out immediately. DOUG NEUMAN, 4240 Clayton, Ashland, mentioned he was involved in the Strawberry neighborhood meetings. Through those meetings they came up with a plan with a much more rural type of environment. The hillside standards came out of those meetings and there are now standards they will be applying in their subdivision. They spent years figuring out the best way to pave the roads and are willing to pay their share. Neuman noted that through the neighborhood process, he, Brown and Hwoschinsky came together and decided to put in one application. ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES FEBRUARY 10, 1998 (� l MEG BROWN, 385 Strawberry Lane, lives in the neighborhood as does Paul Hwoschinsky. She would love to see the road improved with storm drains. Jarvis said she does not see where there is adequate transportation. She wants to know how many cars will be generated by how many homes, how many trips that means and how that paving is going to adequately accommodate R. How does that work into the phasing? Giordano estimated 230 vehicle trips per day (vtpd) would be generated. The improved streets can accommodate 1500 vtpd. Howe commented the driveway from Hwoshinky's Lots 4 and 5 come off Strawberry, with a significant U-turn needed in order to get out. Will the house orientation change on Lot 4? Giordano said the driveways are in approximate locations and the house designs are subject to modification. KERRY KENCAIRN, 147 entral, said the addendum reflects changes of the lot lines for the open space and bull envelopes both south and north of Strawberry. More of the open space is open for more defined drainage on the north side and on the south side the lots lines were moved way back._Kencalm explained the drainage system. Howe would like to see _ pedestrian paths to the open space. Giordano said they did not intend to have paths to the open space. The open space is to preserve and protect the trees in that area and for the drainageway. Howe asked about lighting and Giordano said the applicants have a strong desire to limit the amount of lighting in the rural setting with low scale lighting. Larger taller lights will be used at the intersections for safety reasons. No one came forth to speak in favor of the application. Jarvis read the letter from Kristi Owens, 495 Fernwood Drive, into the record. Gior'dano.said the applicants are willing to extend the time for making a decision another sixty 'days. Jarvis read comments from Ben Stott, 155 Strawberry Lane. Armitage moved to continue the meeting until 10:30 p.m. The motion was seconded and approved. LARRY BRESSLER, 152 Strawberry Lane, was not notified of today's meeting. He is concerned with the cost of improvements of lower Strawberry. Are there adequate sewer and storm drain facilities to handle the Increase in effluent coming from this development? Will lower Strawberry be widened and paved? This application should not be approved until the access issues are addressed. SUSAN HUNT, 220 Nutley, expressed her objections to this hearing because of improper notification. There was no notice in the Daily Tidings. The application should be deemed Incomplete at this time. The City/Planning Commission should not and cannot compel the applicants to sign a waiver on the 120 day requirement for a decision. Hunt read a letter from Cici Brown, 171 Church, into the record objecting to the development. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES FEBRUARY 10, 1998 U3 LAURA DUNBAR, 152 Strawberry Lane, read comments and entered them into the record. She is concerned about the impact to the residents on Strawberry. Widening of Strawberry will mean removal of 12 trees in front of her house. The area is zoned rural residential. The slope of Strawberry does not lend itself to foot traffic but if it is paved it would not be good for bikes, skateboards or strollers. Ice on a paved surface would be hazardous. The beneficiaries of paving would be the developers. ROB EWING, 144 Strawberry, said if new development generates 200+ trips per day, it would be wishful thinking to assume that most of the traffic will go out Westwood. He believes most people will choose to visit activities in the City center, therefore, most trips would be down Strawberry. In order to have paved access to and through the development would suggest paving of Strawberry. Would the paving continue to Scenic and Granite? There are many unresolved issues that need to be addressed. PATRICIA HALEY, 400 Alnutt, submitted a petition with ten signatures opposing the formation of a LID. CHRISTINE CRAWLEY,_124 Strawberry Lane, submitted a petition signed by her neighbors opposing a LID. She addressed adequate transportation and believes it is reasonable to think if someone lives on Strawberry they will travel down Strawberry to get to town; that would make Strawberry the primary access. She wondered how the 21 percent slope of Strawberry would fit into the hillside development standards. She noted the street standards concerning development of streets over 18 percent grade and wondered how that would work. She opposes the development. Jarvis read GERRY MANDELL'S comments, 1111 Strawberry Lane. SUSAN POWELL, 180 Nutley, would like to know specifically how many vehicle trips per day will be generated by this development. If this development is built piece by piece, the neighbors below will be feeling the effects of this development for years. The construction traffic will be horrendous. She would like a condition that all construction traffic be required to use paved roads. She does not believe residential traffic will travel north out of the development because there are no services at the north end of town. JOHN PEELE; 234 Strawberry Lane, (P. 0. Box 566), expressed safety concerns on lower Strawberry and Alnutt which he does not consider roads; maybe they are alleys or lanes, but not roads. He uses Alnutt because lower Strawberry is too steep. Bikers use Alnutt to get to upper Strawberry. He constantly worries about hitting pedestrians. He does not see the solution to include lower Strawberry to Alnutt but somehow close upper Strawberry and direct all access the other direction. Briggs moved to continue the meeting until 11:00 p.m. The motion was seconded and approved. GERRY MANDELL said he lives In the county and noted that any discussion of diverting all traffic down Westwood would bring a firestorm of protest from his neighbors. He also wondered if the density would be acceptable to the state. McLaughlin said the application remains consistent with the Comp Plan and would not pose a problem with the state. HARRY BARTELL, 365 Strawberry Lane, said his property is at the corner of Strawberry and Alnutt which poses a safety concern. If there are 200+ vtpd on Strawberry, he will be fighting to ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES i FEBRUARY 10, 1998 L�.�).L�.�� get out of his driveway because of the blind corner. What about pollution and fire danger? He opposes a LID. COMMISSIONERS DISCUSSION AND MOTION The LID discussion is not within the purview of the Commission. Briggs is concerned with lengthy driveways and neighbors opposition. Bass would like to see the applicant provide an explanation of how this'project meets the criteria relating to adequate transportation. He would like a demonstration that this development can be served by an access besides Westwood. Transportation is Armitage's concern. Chapman would like to see a design plan to put traffic on Westwood. Gardiner believes there is a major traffic problem. Morris would like information on the capacity of Strawberry (numbers). McLaughlin said there has been recent development along Strawberry in the last few years. These were the last lots created before the standards were put in place not allowing any further partitioning on unpaved streets over 18 percent grade. Capacity is a relative term. There is-engineering capacity or neighborhood environmental rapacity. Howe would like to see a current map that begins at Alnutt showing Ditch Road, the driveway for house 3, where the house for Lot 8 is located and its access to Strawberry. On the other side, she would like to see where the drive to the county is, the location of the drive across city property, or anything that the applicant is expecting to connect to or impact. Howe would like the map to reflect what is really going to happen (driveways, turnarounds, guest parking). When something is drawn it tends to turn out that way and what is on the map is important. She is disappointed there are no pedestrian paths through the development. The neighbors on the Strawberry side seem coherent about their objections to more traffic. Would the neighbors on the Westwood side be as adamant 'If they were notified? Jarvis said neighbors within 200 feet was the legal notification requirement. The notice sign needs to be posted by the applicant. Jarvis wondered If Neuman meant the application would comply with the new hillside standards. Could that be indicated next month? She would like Staff to investigate if there is any legal ability to limit access down Strawberry. Jarvis suggested noticing all the people who have testified this evening about the time of the next meeting. McLaughlin said notif ication is not normally sent out for a continuation but that can be done. It will be up to the applicant to decide the date of the next hearing. Howe expressed her dismay at receiving materials from the applicant five minutes before the hearing. It does not allow the Commission any time to adequately review them. Armitage wondered how much information is required for Outline Plan. McLaughlin said all the information about turnarounds is not required; adjustments will occur. As development gets into the hillside, the driveway length is important and concerns are valid. Armitage moved to continue PA97-054 to a future date. Bass seconded the motion and it carried unanimously. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES FEBRUARY 10, 1998 ' I I �' ASHLAND PLANNING DEPARTMENT STAFF REPORT February 10, 1998 PLANNING ACTION: 97-054 APPLICANT: D. Neuman, M. Brown, P. & C. Hwoschinsky LOCATION: Adjacent to Hitt Road and Strawberry Lane ZONE DESIGNATION: RR-.5-P COMPREHENSIVE PLAN DESIGNATION: Rural Residential ORDINANCE REFERENCE: 18.16 Rural Residential 18.88 Performance Standards Options REQUEST: Outline Plan approval for a 25-lot subdivision under the Performance Standards Option for the properties located adjacent to Strawberry Lane and Hitt Road. I. Relevant Facts 1) Background - History of Application: A discussion of the history of the area can be found in the March 18, 1996 draft of the Strawberry/Westwood Neighborhood Plan (Staff Draft 1.0). This plan has not been adopted by the City, nor has any significant work been done towards adoption or implementation during the past year. It is provided here as background information for the Commission. The application was filed May 9, 1997, but was delayed with concurrence of the applicants to allow for discussion regarding potential LID formation in this area. Additional information was provided by the applicant on December 23, 1997. The application was deemed complete December 31, 1997. The 120- day time period expires on April 29, 1998. While the application was deemed complete, it does not imply that all issues have been addressed to the satisfaction of the staff. 2) Detailed Description of the Site and Proposal: A description of the site can be found in the Background and Site Description sections of the applicant's application. The proposal involves approximately 25 acres located off of upper Strawberry Lane and Hitt Road. The project is to subdivide the property into 25 lots, 410 consisting of two Phases. Phase Phase I will involve the improvement of Strawberry Lane at its intersection with Hitt Road up to the end of the pavement associated with the Westwood Street local improvement district. A new road is proposed to be constructed between Strawberry Lane and upper Hitt Road, creating a looped, local street system. Strawberry Lane west of Hitt Road, the new road and Hitt Road will be improved to City standards, including a 20' wide, paved travel surface, on- street parking bays, storm drainage facilities and a pedestrian walkway along one side. The street improvements associated with Phase I will provide paved access to 21 of the 25 lots proposed. Areas being retained as private open space have been identified both to the south and north of Strawberry Lane. One area will include the east fork of Wrights Creek and its surrounding riparian area, while-the other consists of a central open space in the middle of seven home - sites. Phase II Phase II includes the completion of improvements to Strawberry Lane from Hitt Road to its intersection with Ditch Road. This section of Strawberry Lane is proposed to be widened and paved to a width of approximately 20 feet. While the cross-section for this portion of Strawberry Lane shows a open drainage ditch for carrying storm run-off, it is unlikely that such a system can be used considering the grade of the street. Also, a public walkway/sidewalk has not been included for this entire section of street. A total of four home-sites (one existing) will derive access from this section of Strawberry Lane. II. Project Impact Given the history of the area and the myriad of land use issues associated with the proposal, Staff has evaluated the potential impacts of the proposal in conjunction with the applicable approval standards which are outlined below. A) That the development meets all applicable ordinance requirements of the City of Ashland Generally, it has been interpreted that the project shall comply with all applicable requirements and standards described under the Performance Standards Options section 18.88. In essence, the application must be found to comply with street, setback and PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 41 Page 2 parking standards as outlined under the Performance Standards Option. While the chapter require compliance with density standards for the zoning district, this will be evaluated under criterion "F", as noted below. Street Standards Strawberry Lane and Hitt Road are existing public rights-of-way. Hitt Road, however, is gated and provides access to the upper reservoir area for authorized vehicles only. A new road will be constructed linking Strawberry Lane to Hitt Road, creating a looped street system. The new road is to be constructed in accordance with the requirements for a "residential lane", as described in the Performance Standards chapter. Hitt Road's existing paved surface has not been constructed to city street standards and will need to be fully improved as part of the development. The applicant's have proposed to construct the new road with a pavement width of 20 - -- - feet (two 10' travel lanes), 9' wide on-street parking bays, landscaped"shoulders-and a - 5' wide meandering path. It is unclear to Staff if the pathway will be surfaced. While the project narrative refers to a "pathway", one road cross-section indicates that the pathway may be surfaced with a brown asphaltic-concrete. City standards required a public sidewalk on at least one side for streets serving less than 19 homes. It is Staff's opinion that the pathway must be surfaced with a hard, durable surface, such as concrete, to insure long term maintenance and useability. If it is the applicant's intention to merely provide a graded pathway, consisting of decomposed granite, it is Staff's opinion that a variance to City street standards must be requested. Further, the applicant has not indicated a sidewalk improvement associated with Strawberry Lane from Hitt Road to Ditch Road. Staff Concern: The applicants need to clarify the nature of the sidewalk improvement for all of the streets and the types of materials proposed. Further, pedestrian improvements must be provided on all streets to be improved including Strawberry Lane, unless a variance is requested. The applicant's findings and road cross-sections suggest that a "non-traditional" storm drainage system is proposed. This will include an open drainage swale adjacent to the pathway to collect run-off from the road and surrounding lots. While Staff is very supportive of the applicant's use of natural storm drainage systems to minimize certain undesirable impacts associated with traditional piped systems, special design considerations must be considered in conjunctions with street grades. It appears from the application, that the drainage swales will only be employed adjacent to streets with grades of 5 percent or less. This eliminates the use of such a system for much of the project's street network, with the exception of the upper portion of Strawberry Lane. Consequently, Staff assumes that standard curb and gutter with buried storm drain PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 i1L Page 3 lines will be installed on all roads with grades of greater than 5 percent. This issues should be clarified by the applicants at the public hearing. Staff is willing to consider exceptions to this standard, but only after review and approval by the Directors of Public Works and Community Development. A piped storm drain system is proposed to be installed along Strawberry Lane from Hitt Road to Alnut Street. It is unclear whether these improvements will be completed as part of Phase I of II. Also, is the new system intended to tie into an existing City system located on lower Strawberry Lane and Alnut, or will it empty into an open ditch at street side? Staff Concern: The applicants need to clarify the nature and extent of the drainage swales proposed for the fatter street sections. A clear map indicating the type of storm drain improvement for all streets should be submitted to allow for a finding of adequate storm drainage. The off-site storm drain improvements need to be more fully explored. Information from the City's Engineering Division indicates that a main storm drain line will need to be installed from the intersection of Hitt Road and Strawberry, down Strawberry Lane to its intersection with Scenic Drive. Accurate system-wide information needs to be provided addressing the potential storm water concerns. Parking Standards On-street parking requirements apply to all developments zoned R-1, R-2 and R-3. While the RR-.5 zoning district is not specifically noted, 17 on-street spaces (parking bays) have been provided. Also, additional guest parking has been designated on 16 out of 25 lots. Setbacks Building envelopes have been delineated on all lots. With the exception of Lot 7 (13' front setback), all envelopes are consistent with front and perimeter setback requirements for the zoning district. Solar setbacks will be evaluated at the time of building permit review. With the exception of lot 5, all other parcels should have little difficulty constructing two-story structures in accordance with the solar setback standard. Staff Concern: The building envelope from Lot 7 needs to be modified to meet minimum setback requirements. PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 41 Page 4 B) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. As noted in the applicant's findings, existing sewer and water lines located in Strawberry Lane and Hitt Road will be extended to and through the development. Fire hydrants will be installed in accordance with the standards of the Ashland Fire Department, while each new residence will be equipped with interior sprinkler systems to assist in fire suppression. A memorandum dated February 27, 1996 was prepared by Fire.Chief Keith Woodley, and included as part of the Strawberry/Westwood Neighborhood Plan (Appendix I), detailing background information from a fire suppression perspective for the upper Strawberry neighborhood. While the municipal water system found in the upper -- --- --- -. .-.-- - Strawberry area provides for some of the best fire flows in the City, the memorandum still describes the benefits associated with the installation of residential sprinkler systems in any situation. Urban Storm Drainage As discussed earlier, the proposal includes a request to incorporate natural drainage swales adjacent streets and pedestrian walkways to collect and control run-off from private property and public streets. It appears, however, that the use of the drainage swales will be limited due to the average grade of streets in the development. Consequently, the run-off from conventional curb and gutter systems will be directed to a new piped systems proposed to be installed from Hitt Road down to the intersection of Strawberry Lane and Alnut Street. The applicant's findings discuss that water from the open drainage system will be directed to holding ponds located within the open spaces. This water will ultimately be directed into the Wrights Creek channel, which becomes more prominent north of Strawberry Lane. The size and location of the proposed retention ponds has not been indicated on the drainage plan for the project. While this is a request for Outline Plan approval, it is Staffs opinion that if natural drainage systems with detention facilities are proposed, preliminary engineering for the systems needs to be provided. Specifically, the use of such systems may impact the layout and location of building envelopes and private property boundaries. Currently, the majority of the natural drainage swale south of Strawberry Lane is not located within the proposed open space. It is unclear whether the drainage swale and potential detention system will be re-aligned and located to correspond with the area identified as common open space. It is Staff s opinion that additional information is needed regarding the design and location of such natural drainage and retention systems. PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 C� Page 5 Staff Concern: The open space area should reflect the area proposed for detention ponds to ensure that adequate areas are provided. Further, the open space area should encompass the natural drainage area to the greatest extent feasible. Preliminary engineering indicating the size and extent of the ponds should be included. Paved Access To and Through the Development When the application was initially prepared, the applicant's anticipated that unimproved streets in the Strawberry/Westwood Neighborhood area would be improved through a neighborhood local improvement district (LID). This would have most likely included paving Westwood Street, Strawberry Lane and Alnut Streets in their entirety. The City Council recently approved the formation of a local improvement district to pave Westwood Street from Orchard Street to the southern border of Anna Hassell's subdivision. It appears that due to the on-going evaluation of City policy with regards to the use of local improvement districts, the applicants have proposed an alternate means of providing paved access to the project. Paved access will be provided from Westwood Street (beginning @ the end of the LID for Hassell's project), south to its intersection with Strawberry Lane. Strawberry Lane will then be widened and paved to its intersection with Hitt Road. These improvements are proposed to be completed with Phase I, which includes access to 22 of 25 lots with the exception of the three lots served by lower Strawberry Lane (Meg Brown's property). The application has indicated that the three lots off lower Strawberry Lane will be developed once the lower portion of Strawberry Lane is paved, but has not stated how or when the remainder of the improvement will be completed. In addition, Hitt Road will be improved to City standards to the point where it intersects with the new road in the project. The new road, Strawberry Lane and Hitt Road will create a looped circulation system. The street improvements proposed as part of Phase I of the subdivision are consistent with Commission's and Council's past application of the City's street capacity resolution. Essentially, new developments have been required to provide paved access from the nearest fully improved collector street, to and along the frontage of the development. In addition, all streets throughout the project are required to be improved to City standards. In this case, paved access has been proposed from and along the frontage of the development, to Westwood, to Orchard, to Wrights Creek, to Wimer, to North Main. StafjConcern: No time frame has been submitted regarding Phase 11 improvements for Strawberry Lane between Hitt Road and the Ditch Road. PA97-054 Ashland Planning Department — Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 5� Page 6 Financine of proposed street improvements The applicant's findings state that "The applicant's and City (emphasis added) will pave Strawberry Lane to Westwood Street." The City owns a piece of property at the corner of Westwood and Strawberry Lane and the Parks Commission owns a parcel of land along Westwood, and there has been past discussion of the possibility of the City assisting in the cost of street improvements. At this time,.however, there has been no formal agreement from the City of Ashland to participate in the costs associated with improving any streets in this area. However, it has been the past practice of the City to participate in LID's when city-owned property is involved. Until it is clear that the City will participate in the improvement of Westwood and Strawberry (by formal Council action), the applicants must assume full responsibility for the street improvement to allow for a finding of paved access to and through the development. Staff Concern: No commitment has been made by the City of Ashland or Ashland Parks Commission regarding participation in a local improvement district. To allow for a finding of paved access, the applicants need to assume full responsibility for the street improvement of Westwood and Strawberry should an LID not be formed. Final approval and recordation of Phase II Since the method for providing paved access to the three parcels in Phase II is not known at this time, Final Plan approval and the recordation of these three lots can not occur until the improvement of this section of Strawberry is engineered and the improvements installed, or guaranteed through some other means. Adequate Transportation The applicant's findings addressing this criterion are as follows: "The proposed development will generate an additional 230 average daily trips (ADT's). See attached Major Transportation Route and Traffic Count Maps. The City staff has provided considerable study on the traffic issue for this neighborhood in the Strawberry/Westwood neighborhood plan. The proposed development is in concert with the conclusions and recommendations of this plan." The applicants' findings, fail to provide an evidentiary basis for making a finding of PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 S�L Page 7 adequate transportation. While reference is made to the City's efforts in the neighborhood plan, no discussion is made that the lower part of Strawberry Lane and Alnut Street are to remain unpaved after development. Nor is any discussion made regarding the impacts of the additional traffic on these unpaved streets. This issue provided the greatest difficulty in the neighborhood planning process, and disagreement over the extent of street improvements, nature of the improvements (paved vs granite), and who would pay for the improvements ultimately led to a stalemate in the process. In the neighborhood plan, pages 30-39 , an analysis was done of the traffic impacts that would occur after full build-out of the upper Strawberry/Westwood area. From that analysis, it was assumed that 60% of the trips generated from the applicants' development (TAZ #1) would proceed down Strawberry Lane to Granite Street. The other 40% would utilize Westwood Street then proceed either to Wimer Street or -- - Grandview Drive. This analysis also assumed that all of the streets would be paved. The discussion for the Planning Commission, and one that needs additional input from the applicants, is whether providing paved access to and through the development from one direction (Westwood/Strawberry) provides adequate transportation for this development. Past planning actions may provide some guidance, but each one is unique in its impacts and analysis. - Wiley Subdivision: This subdivision is located off of Skycrest Drive and is currently under construction. The approval of this 22-lot subdivision required that access be provided out to Wimer Street, but also to Grandview Drive as an alternate route that would be heavily used. Interim improvements were required for Grandview (chip seal paving) to ensure that the 20' minimum width was maintained. - Sullivan Subdivision (Sheridan/Schofield): The applicant was required to provide two points of access to the 18-lot subdivision - one from Sheridan Street and another from Schofield Street. The applicant was required, at a minimum, to provide paved access on Sheridan Street from the subdivision to other paved streets in the neighborhood. No paving was required for the Schofield connection. The Schofield Street connection provides unpaved secondary access at a grade of approximately 18% and at a 20' width. - Hassell Subdivision (Westwood Street): The applicant was required to provide paved access one direction - Westwood from Orchard Street to and through the seven-lot subdivision, but not required to provide additional paving PA97-054 Ashland Planning Department — Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 53 Page 8 on upper Westwood to Strawberry Lane. The secondary access of Strawberry remains unpaved. As shown, each application, while having similarities, had different requirements attached dependent upon the nature of the impact and the improvement. The questions to the applicant and for Commission discussion are as follows: Does paved access from Westwood Street to and through the development down Strawberry Lane to Ditch Road provide adequate transportation? Does only paving to Hitt Road as part of Phase I provide adequate transportation for that first phase? Or should the paving be continued as part of the first phase? Should additional improvements, including the extension of paving down to the intersection of Strawberry and Alnut and associated intersection improvements be required as part of this subdivision? Are additional "downstream" improvements to Strawberry and Alnut necessary to provide "adequate transportation"? Q That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. A topographic map with slope analysis has been provided as part of the application materials. This map identifies all areas with slopes of 35 percent and greater, as well 40 percent and greater. Since the application was filed prior to the recent adoption of Hillside Development Standards, all building envelopes must located on lands with slopes less than 40 percent, rather than 35 percent as established under the standards. Consistent with this standard, all envelopes have been located on lands less than 40 percent. The envelopes for lots 8, 9, 10, and 11 have been situated further upslope on steeper sections (< 40%) to take advantage of views. While Staff can understand the applicant's desire to take advantage of the views from the upslope locations, this will result in greater driveway lengths and the corresponding cuts and fills associated with the construction. In addition, it would be very helpful in reviewing the plan, if the building envelopes and driveways could have been identified on the topographic survey/slope analysis plan. PA97-054 Ashland Planning Department — Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 5� Page 9 Significant Trees The location of significant trees and shrubs on the site varies. The less sloped portions of the development have larger pines and oaks scattered throughout the property. The steeper sections tend to be densely covered with a combination of scrub oak, manzanita, and madrone trees. On the relatively flatter sections of the Neuman and Hwoschinsky properties, envelopes have generally been located to avoid significant trees. On some of the steeper sections of the Neuman property, very few trees have been identified. It is assumed this is the case due to the dense manzanita coverage found on the site and absence of significant trees over six inches in diameter. The Brown property has a very limited amount of land suitable for development. This is primarily due to the extreme slopes found in this area. Much of the Brown property is proposed to be retained in private open space due to the severity of these slopes. Given the limited area available for development, driveway and envelope locations have more or less been dictated by slope rather than the location of significant trees. While several large trees have been identified on each of the proposed six lots, the long term preservation of the trees is questionable given the extensive cuts and fills necessary to access and construct each home. While these lots present the greatest design challenge, it should be noted again that much of the Brown parcel is unbuildable and will remain in a natural state. Natural Drainage Way A natural drainage swale runs south to north through the lower portion of the project. The drainage swale represents the southern extent of the east fork of Wrights Creek. Generally, the section of the drainage way north of Strawberry Lane (Hwoschinsky property) is located in an area identified as private open space. South of Strawberry Lane (Neuman property) the drainage way becomes less defined and tends to be located on lots 5 and 6, outside the identified open space. It is unclear as to why much of the drainage way's southern extent has not been included in the open space. Staff Concern: The open space south of Strawberry Lane should include the drainage way area, or clear justification made by the applicant why it should not be included D) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The surrounding area is zoned Rural and Woodland Residential, while the area to the south east is currently outside Ashland's City Limits. Much of the street system is already in place, with the exception of a new section of road proposed for connecting upper Hitt Road to upper Strawberry Lane. Consequently, it is Staffs opinion that the PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 S'S Page 10 physiographic constraints apparent in this area will be the key factor in determining the future development of adjacent lands, and not any element of this project. E) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. The application states that all private and public common landscape.areas, paths, drainage swales and open spaces will be maintained by a homeowners association, and that the association agreement will be provided prior to final map approval. Given the amount of area designated as open space and the potential use of non-conventional pathways and drainage systems, Staff believes it is important to have a draft of the agreement filed with the Final Plan. This will allow the Commission and Staff to have adequate time to review the document to insure measures are in place for the long term maintenance of these facilities,.as well as for aspects of the fire prevention and control plan. F) That the proposed density meets the base and bonus density standards established under this Chapter. The density for this project has been calculated as follows: Base Density : 1.2 du/acre x 25.04 acres = 30 units Proposed Project Density: 25 homes (two existing) Miscellaneous Issues Intersection of New Road and Hitt Road The location of this intersection may present some difficulty with providing adequate sight distance. Specifically, Staff believes that possibly moving the intersection further to the south (uphill) should be explored. This would shift the intersection away from the steep curve in Hitt Road, improving the downhill sight distance for cars turning left on Hitt Road. Staff Concern: The street design for this intersection should be modified, perhaps at Final Plan, to address the concerns raised. Street Improvements/Cross Sections PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 56 Page 11 It is unclear to Staff which sections of street are proposed to include conventional curb and gutter systems and which sections will incorporate natural storm drainage techniques. There needs to be more discussion and agreement between the applicant's and the City as to where natural drainage systems will be used versus more conventional systems. Street cross-sections of both approaches should be included with the application. Wetland Delineation and Protection The east fork of Wrights Creek is identified on the National Wetland Inventory. The creek channel and adjoining banks have been included as private open space. However, portions of the building envelopes for lots 3, 4 and 5 are located 15 feet or less from the top of bank. Staff believes additional setback from the top of bank should be considered, given the extent of cutting and filling associated with new construction. [should oncern: The building envelopes for lots 3,4, & 5 on the Hwoschinsky property be relocated to ensure protection of the creek channel area. The remaining shallow section of Wrights Creek, south of Strawberry Lane, does not appear to be included in the proposed open space. This section is much less defined and includes an area of blackberry bushes. Given the application refers to the use of a holding pond for storm water retention, including this area within the open space should be considered. In either case, the final subdivision improvements surrounding the Wrights Creek area should be reviewed by the Oregon Division of State Lands prior to Final Plan approval. III. Procedural - Required Burden of Proof The criteria for Outline Plan approval under the Performance Standards Option are as follows: A) That the development meets all applicable ordinance requirements of the City of Ashland B) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 5? Page 12 C) That the existing and natural features of the land, such as wetlands, foodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. D) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. E) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. F) That the proposed density meets the base and bonus density standards established under this Chapter. IV. Conclusions and Recommendations Over the past three years, considerable time has been spent in studying the Strawberry/Westwood neighborhood. The draft StrawberrylWestwood Neighborhood Plan prepared in March of 1996 examined scenarios for future development opportunities, as well as highlighted the physical constraints of the area caused by steep topography and limited access. It s Staff's opinion that the three property owners involved with this proposal recognize the beauty and limited development potential of the area, as well as the myriad of issues facing any proposed subdivision. Overall, Staff believes many aspects of the project have been well conceived and aim to minimize adverse impacts to the area, while offering a level of development consistent with the underlying zoning of the property. We believe that the overall development approach is ultimately worthy of approval. It is Staff 's position at this time, however, that several issues need further examination prior to any decision being made regarding the proposal. Assumptions regarding the City's participation in the cost of street improvements has been included in the application, yet no formal commitment has been made by the Council or City Administration. Non-conventional public walkways and urban storm drainage systems have been proposed. It is unclear as to the extent such systems will be used, the design and materials involved and the area needed to accommodate these systems (i.e. detention ponds). Also, there appears to be no definite timeline for completion of the improvements to lower Strawberry associated with Phase II. PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 58 Page 13 Staff has identified some miscellaneous items where additional information would be helpful. The sight distance at the proposed intersection for the new road and Hitt Road may be problematic. It is Staff's opinion that a location further south should be considered to improve sight distance down Hitt Road. While the subdivision is not subject to the recently adopted Hillside Development Standards, the application appears to indicate that many of the adopted standards will be incorporated into the project. The Commission should inquire as to whether such proposals by the applicants can be added as conditions, or are the standards merely referred to as guidelines for future home construction. It is noted in the application that many existing trails traverse the properties. "Trails that exhibit stability in their current location and condition will be enhanced to encourage easy foot traffic by residents." These trails have not been identified on the plans. Staff is uncertain whether the trails will be preserved for use by the general public, property owners within the association or individual property owners only. A key issue, both to the applicants and the neighboring properties, involves the Commission's finding of "adequate transportation." Little evidence has been provided by the applicant addressing this criterion. Past actions by the Commission and City Council provide guidance, but not necessarily a black and white answer. Other subdivision examples were provided where the City has looked at similar issues of access from two directions and the necessity of improvements. We believe that additional information from the applicant should be provided on this issue, as well as further discussion by the Commission. Staff appreciates the design approach to this project taken by the three property owners. The incorporation of interior sprinkler systems and Hillside Development Standards within site development and home constructions signifies a willingness by the applicant's to present a project considerate of the areas unique character. In light of the issues noted above, Staff recommends that any decision concerning the application be delayed until answers to these questions can be provided. However, we believe that it would be extremely helpful to the applicant and the Staff if the Commission would enter into a discussion of-the issues raised and provide guidance where possible. In recommending that the action be continued, we would also recommend that the Commission ask the applicant for a 60-day extension of the 120-day time frame. PA97-054 Ashland Planning Department -- Staff Report Doug Neuman, Margaret Brown, Paul & Carol Hwoschinsky February 10, 1998 �5 9 Page 14 PROPERTY PROPOSED cl FOR DEVELOPMENT ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant fiPuman, Brdwh, 11Wp5CXj/7 5k Date /=e6. + 98 Address [ofs /o/, tad, zo; _yda Commercial Residential X Proposed Action: 1n, file/ rrroSa/s For ;JrPefJ fr ah!/ Aimj4 r%a1Jnfr, j��GJv,3 1,oh5 Recommendation: !'� � P }S• /" �ti1` vsF one N7orP $�rci(S. Z- we A_a e hGJ,i'FeJ SGr„ry �r�b/PneS w� 1�J4 LG (o�eS l��, su CJCPh [JP!/;ne V/ furpan {rl4 ! � I JG f/r Fff' /O G �h✓ai fFl� 'E'X fFH/, 3- 131� aware fG4f tc rv,cP �✓P/rJ Sv/�je c{ fo hu.S l L�yPV! CcSfOC/4fPlJ Irif� lhlPti /° / _ � Plvn.inrc fPf lrrvi i.u/ .SOYnP C6 fiy ,P,"e-, 7Z ,1'd� Goo/S('• f/%9� / !✓G+f lO /-h P6 f[` Street Tree Commission Representative Date Follow-up: ARCHITECTURE LAND PLANNING PROJECT NARRATIVE AND FINDINGS 16 DECEMBER 1997 (Revised) PROJECT NAME: Strawberry Lane Subdivision TYPE OF PLANNING ACTION: A request for a site review and outline plan approval for a twenty-five-lot, single family, subdivision project under performance standards (Chapter 18.88) and rural residential zoning (Chapter 18.16) for the property located along Strawberry Lane and Hitt Road. PROJECT INFORMATION: OWNER/APPLICANT: Doug Neuman Margaret Brown 4240 Clayton Road P.O. Box 1094 Ashland, OR 97520 Ashland, OR 97520 Tel: 482-5968 Tel: 482-8740 Paul and Carol Hwoschinsky 443 Strawberry Lane Ashland, OR 97520 Tel: 482-3277 ARCHITECT/AGENT: Tom Giordano 157 Morninglight Dr. Ashland, OR 97520 Tel: 482-9193 SURVEYOR: Edward Surveying (Eagle Eye) 816 West 8th Street Medford, OR 97501 Tel: 776-2313 DEC 2 3 No 61:21 157 Morninglight Drive ♦ Ashland, OR 97520 Phone and Fax (503) 482-9193 LANDSCAPE DESIGNER: Kerry KenCairn 147 Central Avenue Ashland, OR 97520 Tel:488-3194 CIVIL ENGINEER: Hammond Engineering 816 West 8th Street Medford, OR 97501 Tel: 476-3327 PROJECT ADDRESS: Strawberry Lane LEGAL DESCRIPTION: 39S - lE - 08AC T.L. 101, 200, 201 and 500 COMPREHENSIVE PLAN DESIGNATION: Low-Density Single-Family Residential ZONING DESIGNATION: RR - .5 -P ALLOWABLE DENSITY: 1.2 du/acre X 25.04 Acres = 30 Allowable Units Brown property 8.26 Acres Neuman property 10.75 Acres Hwoschinsky property 6.03 Acres TOTAL 25.04 Acres DENSITY OF PROJECT: 25 Single family homes with residential fire sprinklers. (two homes are existing) LOTS STATISTICS: See Site Plans PARKING PROVIDED: 50 Covered (garages) 2 Uncovered (on site, for each lot - two homes share one) 17 Off Site (in parking bays) 6 3 DEC 2 3 1997 INTRODUCTION: This planning action is comprised of three properties which are owned separately. These properties share common boundaries along Strawberry Lane and Hitt Road, see neighborhood/vacant lands map. The general information presented in this narrative is appropriate for all three properties; however, specific differences in design will be addressed in each site plan and following portions of this narrative. Much of this information regarding area history and physical setting was obtained from the City of Ashland's Draft Strawberry/Westwood Neighborhood Plan (18 March 1996). This document should be reviewed in conjunction with this narrative. BACKGROUND: The Strawberry/Westwood Neighborhood has been included within the Ashland city limits since the late 1800's. Residential zoning has been in force for over 50 years. However, due to topographical constraints, the slow extension of normal city services (sewer and water) along with transportation difficulties has stalled urban development. The early land uses in the area were primarily agricultural, with the area providing several row crops, berries, and orchards. The City provided irrigation water to the area, from its municipal system. Only farm related housing, or a few rural residential homes were located in the area. In the early 1970's, development proposals for large subdivisions were advanced for the area, but were either not pursued by the developers, or denied by the City, for lack of adequate city services. At that time, there was still no paved access to the area, nor adequate water availability. After a water study was performed for the entire city, it was determined that the existing water system could not provide adequate pressure for fire protection if the Strawberry/Westwood area were to develop. The City implemented a building moratorium on the area, essentially stopping all consideration of development until the water issue could be addressed. This moratorium was in effect for over ten years. After several failed attempts to pass bond levies to provide the necessary water facility improvements to lift the moratorium area, an election was held resulting in approval of the improvements. The improvements included a new reservoir and accompanying water main service lines. These improvements were completed in 1995, providing the necessary water service for the area. Very recently, sewer service was extended to the area up Strawberry Lane. r,:1 4 DEC 2 3 1*1 - THI ` NEUM N BQau m N�1G�oRY�o vA t L9-1NV�) M6�'P 65 DEC 23 $97 However, though water and sewer has been extended to the neighborhood in a manner to allow for development of the land, the transportation difficulties still remain. The area is served by steep streets, with only some of them paved. Many of the streets are also narrow, less than the 20' considered the minimum under current codes. Transportation, similar to water and sewer, is a public infrastructure item that is necessary to allow for development, and until it is provided, new development cannot be allowed to occur in this area. But it is also known, that similar to water and sewer, it is only a matter of time until development pressures and market forces make it feasible to provide the necessary improvements to allow development to occur. The City Community Development Department in conjunction with area residents, have recently prepared a neighborhood plan (Draft 1.0 March 18, 1996). This plan has been in production for almost two years. The proposed subdivision project is in concert with this plan. - Further, the City in conjunction with local experts are in the process of preparing Hillside Development Standards (April 29, 1997 draft). These standards will be incorporated in the physical and environmental constraints chapter (18.62) of the Land Use Ordinance. Many of the concepts developed in these standards and draft ordinance are included in the design of this project. SITE DESCRIPTION: Setting - The Strawberry/Westwood Neighborhood, as outlined on the attached neighborhood/vacant lands map, encompasses approximately 110 acres of land. The site is located on the western edge of Ashland, in the foothills of the Siskiyou Mountains. It is bounded to the north by the existing development in the Orchard/Sunnyview/Grandview area. It is bounded to the east by the Ditch Road. It is bounded to the south by the steep hills heading towards the Siskiyous, and is bounded to the west by the city limits. The main area of the neighborhood is a "saddle" between the peak of Strawberry Hill and the remainder of the Siskiyous. This saddle has slopes ranging from relatively benign to very steep in the drainage area. The eastern edge of the neighborhood, adjacent to the Ditch Road, has slopes in excess of 40% and is generally undevelopable. Vegetation ranges from some small stands of older timber, to scrub oak and manzanita, to remnants of the agricultural period, with aligned fruit trees providing the remembrances of a bygone era. Larger area, once cleared for 6,6 DEC 2 3 1997 agriculture, have revert, to grassland and star thistle. Site Importance - This area of Ashland is much more than a vacant land area of 100+ acres. It represents the last major hilltop plateau area within the city limits that has not been given over to standard residential-style urban development. In fact, the importance has been so great to city residents that substantial portions of the neighborhood were identified for acquisition under the City's open space plan. This area has a high scenic quality and the other important item for the area is that while it is located in an upper hill area, the access to all urban services/shopping is through well established neighborhoods abutting the area. Existing Zoning - While the majority of the Strawberry/Westwood neighborhood is vacant (see zone map, neighborhood/vacant lands), the area is zoned for further development. The majority of the Strawberry/Westwood Neighborhood is zoned RR-.S-P, Rural Residential, half-acre lot sizes, with subdivisions processed under the Performance Standards Option. The area along the two drainages are zoned WR, Woodland Reserve, with little development allowed due to the environmental constraints. Under the RR-.S-P zoning, the allowable base density is 1.2 units per acre, with an opportunity to increase density through the use of bonus points, such as open space or affordable housing. General Site Characteristics - This area, characterized as an alpine bench nestled in the Siskiyous, is predominantly open. It is unique within the City because it is "isolated" or "separated from" the contiguous neighborhoods by its topography. With watershed on two sides and 50 acres of dedicated open space on the other sides, it sits alone. With few trees, due in part to earlier farming activities, this neighborhood has a "big sky" open feeling. Being on the edge of the water shed, it has already developed access to hiking and bicycling. With the advent of newly acquired open space within the neighborhood, it has walking trails inside its boundaries that contribute to its rural atmosphere. This is unusual for any city environment. This rural environment character offers a residential option for the city. Specific Site Characteristics - Brown Property - The Brown property has steep north easterly facing terrain, DEC 2 3 1997 YO 1. lUt 1� WIMER ,,..._ERY h 0 1� �r wu.�a�.w�� Z ti _ •Q4i rw .� SUSAN LN Ar <u EST. ST. R'Z G �nDVIEW DR g �'P� MANZANIT eRlSCAE CF NHS if °s SUNStII G� �`-i J SSCH oL N 4< `zL a a R-1-7.5 A`'F R 3 D �p ° yc 3Q a R. y ORC rOy OJSN R-1-10 RR.-.5 SM Q J d, ! f'6 o NUTLEY . - ST. 1w �.: y GLEtvVlE IA 0 ! t { WR y ;' Y Current Zoning (08 DEC 231997 see Slope Analysis Mal Most of the site is covered with a .ab oak and dense oak woodland brush. Large rock outcroppings are located on the site; however, the formations are lost in the brush. Access to the site is derived from both Strawberry Lane (steep portion) and Hitt road. Both roads are unimproved granite surface and partial AC paved local streets. Strawberry Lane divides the Brown property and an existing home is located on the easterly side of this division. There is a high potential of exceptional views of the city and mountains across the valley. This property is also visible from the town. Ms. Brown has a residence on the easterly portion. No structures are located on the westerly portion of this property. Neuman Property - The Neuman property is presently divided into two parcels. The terrain is relatively flat with a steep portion to the south, see Slope Analysis Map. The direction of slope is down to the north. This southerly portion is also thickly covered with scrub oak and oak woodland brush while most of the remainder of the site has a scattering of mature trees, see Site Plan. Much of the site offers an exceptional 360° view potential. No structures are located on the property. Both Hitt Road and Strawberry Lane border this property. A 100 foot conservation easement is located to the west of this property. Hwoschinsky Property - The Hwoschinsky property has a modest slope to the south. A natural drainage channel divides the property to the east and west. This drainage channel is heavily wooded with steep slopes and oaks to the north and relatively flat with blackberrys to the south (adjacent to Strawberry Lane). Large mature conifers are located to the south west corner and the owner of the property has recently planted a variety of numerous deciduous and evergreen trees near the existing residence and along Strawberry Lane, see Site Plan. The flatter portion of Strawberry Lane fronts the property to the south, see area map. Exceptional 360' views are possible on the site. The Hwoschinsky have recently built a home in the north east portion of the site. PROJECT DESCRIPTION: The project description will discuss the following areas: 1. Density of project 2. Street improvements DEC 2 3 1997 3. Design concep. 4. Landscape strategies Density of Project - The project is a 25 lot subdivision on four existing parcels. It was the desire of the three owners to join together in order to create a comprehensive design for the total 25.04 acres. The present RR-.S-P zoning allows 30 residences under the performance standard overlay. Two residences (Brown and Hwoschinsky) are existing. All three sites have private common openspace. The openspace locations were selected to retain dense vegetation, preserve the drainage channel and to protect steep sloping terrain. The Brown openspace is especially important since this area can be viewed from the city below. Street improvements - The street improvements include a 50 foot right-of-way (ROW) for upper Strawberry Lane, (adjacent to the Hwoschinsky/Neuman property), Hitt Road, and a new road through the Neuman property. The steeper portion of Strawberry Lane would have a 40 foot row. As mentioned previously in this narrative, this area of the city is unique by its isolation from the other parts of the city because of topography. Further, the large lot development and rural character dictates a different design for the auto and pedestrial circulation. The design concept for the 50 foot ROW is to allow for a 20 foot wide travel lane, 9 foot wide parking bay, 5 foot landscaped shoulder, and a 25 foot landscape shoulder with a 5 foot wide meandering path to preserve a country like ambience of this unique neighborhood, see Cross-sectional Drawings. This type of design concept will allow for greater flexibility due to grade and existing trees. The 40 foot ROW would have only a 20 foot travel lane since in all cases this ROW is located on steep grades with limited area for paths and parking. Further, pedestrian access would be located on separate routes as recommended by the neighborhood plan. Landscaping of the ROW is discussed in the landscape portion of the Project Description. Auto access to and from the area will be achieved by both Westwood and Strawberry Lane as recommended in the neighborhood plan. It is understood that road improvement must go beyond the area of development in order to assure a comprehensive approach to address all future problems. Road improvements and drainage control can be achieved by the LID process. The applicants have offered the following LID strategies and reason for their 70 DEC 2 3 1991 implementation (also sc SID map): 1) Properly designed paved streets are safer. Cars coming down upper Nutley have slid in the mud and have had to be towed out of the ditch. Cars with inadequate tire tread are especially prone to this behavior on rain soaked decomposed granite roads. The recent flooding has further substantiated the concern of adequate storm drain systems. 2) Paved roads do not create summer dust clouds. 3) Paved roads of adequate width better enable fire and emergency equipment to cover any area. This is not true of lower Strawberry and Alnutt, where the narrow road does not allow cars to pass and where parked cars create a one car passageway. This is an urgent safety issue today, quite beyond any additional traffic occasioned by up-stream development. 4) A paved street is more pleasant to drive upon than slippery, lumpy and rutted dirt streets. Upper Strawberry Lane has had 6" to 8" ruts at times and twice in the last two years rains washed out the road edge and exposed the sewer line 4 feet below. 5) Finally, overhanging zoning has been a published fact for many years in this area. All City maps have shown that reality. Thus, anyone buying on unimproved streets in this area have been advised that access streets would one day need to be improved. No one can plead ignorance of this issue. 6) A successful LID on the streets involved directly and financially helps those two ownerships on Alnutt, Nutley and Westwood in the development of their lots. 7) By doing all the streets in question, the bids will be lower than if each street was done at separate times. That is why it financially makes sense to also include upper Nutley at this time. 8) Paved streets cost less to maintain which saves the general tax fund and thus benefits all of us within the City. This includes the high cost of sucking out decomposed granite from city collection pipes as water is channeled to Bear Creek. 9) Having this work done today is less costly than continuing to put it off to a later date. With inflation rates rising in the road construction, we would experience increased costs each year we delay. 10) An improved street increases the value of any property because it removes the underlying liability of future LID costs against each lot. A future buyer will 7 / DEC 2 3 1991 MON EMO \ wm s. �. \. \ s� «\ ,r\\\ \ - --- CFO \� \�,,ao����� ■ Staff Suggested Local Improvement f, •' X61 F-": 1 ,� 1 see that a given lot is, h red, free or not clear of this liab; �. In this context, perhaps each title report for all lots on yet-to-be improved streets should include an admonition that future LID could impose a financial burden upon the owner at the time any street improvements were mandated by the City. Now, given the above, how does one pay for it all and how does it effect each of those who are involved? 1) The LID process provides a ten year pay-out at quite low rates of interest. The City manages road construction, provides funding, and performs billing service for each lot holder who wishes to borrow in this manner. The attached schedule shows what this could look like for each lot holder in question on both a total and per-month basis. While these are estimates, because true costs are never known until competitive bids are opened and one accepted, the City feels that these estimates are within acceptable ranges. 2) The City fully recognizes that all of this means expense for all of those involved.'_ Revision To Street Improvement When the application was originally prepared the above LID approach to street improvement was valid; However, due to recent changes in City Policy this approach may be difficult to implement. The applicant's are offering an alternative to the LID process. To satisfy the requirement for a continueous paved route to a collector street the following route is proposed; starting from the intersection of Strawberry Lane and Hitt Road to Westwood Street, to Orchard Street, to Wimer Street, ending at North Main. Westwood Street will be paved with the LID for Anna Hassel's project. The applicants and City will pave Strawberry Lane to Westwood Street, see attached map. The three lots (Brown property) which have access below the intersection of Strawberry Lane and Hitt Road (to the East) will be developed at a second phase when Strawberry Lane is paved. Design Concepts - In general, due to the location and character of the property, the applicants wish to create a subdivision that reflects a pastoral and secluded lifestyle while respecting the features of the land. Specifically, the applicants desire to create a subdivision that: �3 DEC 2 3 >yy� L • � ttASl �1_ L r--i J --- - �� t I � 680 .r I�e V. Major Transportation Routes h Strn,Wi WWI I�1Vrr� Accessing Neighborhood iii-hdnc Po`i� x IXC..2 3 1991. 1. Limits the size of the building envelop in relationship to the lot size; 2. Takes advantage of passive solar orientation; 3. Limits the grading on site with building envelops parallel to the contours and the use of concise building envelopes; 4. Avoids building envelops within the drip line of major trees; 5. Provides separation of individual lots with landscape strategies; 6. Provides view for each building envelop; 7. Provides architectural control with design standards in the homeowners agreement; 8. Create a residential development that has both a unique character and rural atmosphere; and 9. Utilize the proposed hillside standards wherever feasible; 10. A unique pedestrian and auto circulation design; 11. A more natural way of drainage; Further, "the proposed" Hillside Development Standards (staff draft 2.0 - April 29, 1997) has been used to formulate the following criteria for the development of this subdivision. a. Building envelopes and lot design shall address the retention of a percentage of the lot in a natural state. The following examples utilize the formula in the proposed Hillside Ordinance of 25% = the Average Slope = the % total lot area to be retained in a natural state. Lot 4 (Hwoschinsky) 25% + 10% = 35% 35% of 31,912 (lot size) = 11,169 S.F. would be required to be left in a natural state. The applicant is leaving 26,002 S.F. in a natural state. Lot 3 (Brown) 25% to 35% = 50% 'J DEC 2 3 1997 50% of 30,136 (I size) = 15,068 S.F. would be rek' red to be left in a natural state. The applicant is leaving 23,754 S.F. in a natural state. b. Building envelopes shall be designed and located to maximize tree conservation. c. Building envelope locations shall be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline. d. Building design - To reduce the visual bulk of structures from public rights-of-way, buildings on Hillside Lands, shall incorporate the following into the building design and indicate features on required building permits: i. Hillside Building Height. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum Hillside Building Height shall be 30 feet. ii. Cut buildings into hillsides to reduce effective visual build (see graphic) 1. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. 2. Reduce building mass by utilizing below grade rooms cut into the natural slope. iii. A building stepback shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Stepbacks shall be a minimum of six feet. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. iv. Continuous horizontal building planes shall not exceed a maximum length of 35 feet. Planes longer than 35 feet shall include a minimum offset of six feet. v. Roof slope shall be oriented in the same direction as the slope of the land whenever possible. Large gable ends on downhill elevations shall be avoided, however smaller gables may be permitted. vi. Roofs of lower floor levels may be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with long pole supports on downhill elevations shall be avoided. 76 DEC 2 3 1591 vii. Even t, igh most of the proposed buildii. will be out of the viewshed, color selection shall be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. The use of very light or bright colors shall be avoided. The exterior elevations, site plans and detailed drawings demonstrate the above principles. As shown on the sample exterior elevations, the homes will have a rural but high quality character. This character is demonstrated by the use of wood (or wood appearing) siding, shallow roof slopes, horizontal proportions, large overhangs and neutral or earth tone colors. Roof materials will be either architectural shingles or concrete/ceramic tiles for fire safety purposes.Bike parking, recycling and trash storage will be located within the garages of each home. Landscape strategies - The landscape strategy for the "Strawberry Lane subdivision" is to preserve and enhance native vegetation systems while incorporating more natives and native like vegetation into the overall landscape plan. Existing site conditions such as native vegetation, slope and solar aspect will be used to suggest actions that create privacy for individual lots while enhancing native tree stands through release thinning and the planting of additional natives and ornamental species. To further develop privacy, where slopes are more gradual, some grading techniques may be used to lay the backbone for vegetative screening. In the steeper portions of the site, existing vegetation and plantings will be incorporated to preserve privacy and separation as well as the framing of distant views and features. Also detailed drawings addressing grading (cuts and fills), drainage, home placement paths and landscape strategies have been provided. Landscape Strategies within the "Strawberry Lane subdivision" respond to five key factors: 1. Pedestrian Circulation 2. Drainage and Erosion Control 3. Preservation and Enhancement of Native Vegetation 4. Fire Prevention and Control 5. Creation of privacy between dwellings and accessible Common Open Space Pedestrian/Drainage Way Concept - Within the 50 foot Right of Way there will be a linear 25 foot wide common open space area incorporating a pedestrian 7 7 DEC 2 3 lys, path. Where slopes allo (S% grade or less) there will alst- -e an open drainage system incorporated with the pedestrian path. The path and drainage channel will be placed so that sheet flow from lots or the road will be intercepted by the drainage way. Where this common open space lies downhill of developed areas, the path will be placed between the road and the drainage way. Where the common open space is uphill of developed areas, the path will lie between the property line and the drainage way. Water from the open drainage system will be directed to holding retainage ponds located within the open spaces. This water will eventually enter the Wrights Creek Drainage. Design of the open drainage system will mimic that of an intermittent stream. The drainage way will be seeded with native grasses to counter the erosive force of storm flows while still allowing for percolation of the more regular storm events. The drainage swale will be designed to have mowable 4 to 1 side slopes, with a parabolic bottom to help prevent erosion. The intention of the drainage swale is as an amenity as well as a functional supplementary stormwater conveyance system. Keeping water moving on the surface longer, will help maintain a more natural moisture regime in these Right of Way areas. The applicant will also provide an underground drainage system from the intersection of Hitt Road and Strawberry Lane, East to either Alnut. This system would connect to the City's line. The paths will be lit with low bollards to keep light pollution to a minimum. Larger sized street lights will only be used at street intersections. All lights will have sensory controls. Common open space outside of the Right of Way consists of the oak woodland at the south portion of the development, and the Ponderosa Pine/Oak woodland lands east of the development bordered on the east by Strawberry Lane. There are existing trails throughout these sites. As part of the thinning and pruning process, trails that exhibit stability in their current location and condition will be enhanced to encourage easy foot traffic by residence. Also see proposed Pedestrian Trail System Map for routes beyond the boundary of the proposed subdivision. Maintenance for the landscaped Right of ways within the Strawberry subdivisions shall include the following specifications: 1. Irrigation maintenance - adjustments, setting and monitoring of controller, system winterization, and spring start up. system to be checked for proper functioning at least every two weeks, or within 24 hours if notified of a problem involving lack of water. All needed repairs to be completed within 48 hours of discovery or notification. System shall be shut down 7 S DEC 2 3 Wt a a i 1[ / i CiY3t Of AS S . attcl r�wl>�rtiis 'I�'6'e5o4d= Proposed Pedestrian rbya IR Trail System Gei�liDrlic�A I' lau j (dotted fines) 7 C 2 3 >yyi immediately if r. .fied of flooding and repaired wi .n 48 hours of discovery or notification. 2. Water shall be applied in a manner to minimize runoff, sustain plant growth, and to conserve water. Infrequent deep watering shall be the goal in order that the entire root zone is penetrated and only often enough to maintain healthy growth. 3. Weeks shall be promptly killed by manual or chemical means, particularly during the growing season. A pre-emergent herbicide may be applied during the construction phase. 4. Weed suppression for all project areas shall occur at least every two weeks during the growing season (March - October). Weed growth, at any time, that dominates plantings or flowering weeds shall be strictly avoided. 5. Remove trash and other debris from entire area at least weekly. 6. If weeds are removed manually or mechanically, the mulch may be disturbed, and the soil is to be left intact. In other words, hoeing, for example, may not penetrate the soil, which will avoid damage to surface feeder roots, and/or drip irrigation lines. 7. All staking and tree securing ties shall a removed after one full growing season and after leaf drop. 8. Tree pruning shall be to correct damage, or as noted on plans only. All tree pruning shall be to International Society of Arboriculture standards. 9. Fertilizer shall be applied to groundcover areas at a rate of 1 pound of actual nitrogen per 1,000 square feet, every three months during the growing season. 10. Trees shall receive no fertilizer for one year after planting. 11. Drainage swale shall be mowed on a weekly basis throughout the growing season. 12. Groundcovers in the wet areas shall be mowed at the end of the growing season to remove flower heads and maintain height. Other groundcover areas shall not receive any mowing. Planting of groundcovers and trees will incorporate the following specifications: 1. Mulch: Use Hilton Fuel Multibark or equivalent 2. Keep bark to 2 inches of depth, thinning over root balls. 3. No bark mulch to rest against tree collars. 4. Quantities given for plant materials are for convenience only. 5. On center spacing of plants takes precedent over any given plant numbers. The noted existing trees within the Strawberry Lane sub-division are of high aesthetic and ecological value. The protection of these existing trees during construction and after is important to the final development. To facilitate this, the following specifications will be followed: 1. All existing trees shown on plans to remain, trees shall be fenced during construction activities. 2. Protective fencing to be located at drip line of tree, no disturbance shall occur Fa DEC 2 3 1951 within the fenced area. Irrigation Notes: 1. Irrigation system for the Strawberry sub-division shall be exclusively drip. 2. The drip irrigation system design shall be based on the use of Rainbird * or EMT6X Retrofit heads, with a six outlet distribution manifold. 3. The static water pressure is 70 to 80 PSI. 4. Install 4" D-3034 sewer line sleeves under each driveway. 5. Assumed Point of connection at the corner of Strawberry and Hitt Road. 6. System will be designed for a 1" or larger meter. 7. Backflow Prevention Device shall be a double check valve. 8. Automatic controller - Rainbird RC-C Series 12 station adjustable, to be located by architect. 9. All drip irrigation distribution lines shall be buried a minimum of two inches below grade. 10. Drip emitters will be at grade, under bark mulch. * Rainbird or an equivalent brand can be used upon approve of the architect Drainage and Erosion Control - Where new vegetation is incorporated as part of the erosion control strategy, a temporary and/or permanent irrigation system will be provided to guarantee the establishment of vegetation. General erosion and sediment control Grading of road and easement areas and their revegetation will take place prior to fall rains. a. Only grade where necessary b. Preserve and protect existing vegetation wherever possible c. Install/apply bank stabilization measures well in advance of fall rains All slopes created as a result of grading to be planted with groundcovers and grasses. a. Fill slopes not to exceed 3:1 b. Cut slopes that exceed 2:1 to be hydroseeded and interplanted with groundcover Where it is necessary to create slopes along road construction exceeding 50%, storm flows above the slope will be directed away from the top of the slope to a point where more gradual slopes allow for controlled traversing into drainage systems. a. Cut slopes exceeding 75% use pinned mats and hydroseeding as stabilization measure. b. Stabilize existing and proposed drainageways DEC 2 3 1991 � l P, Existing drainage ways within private lots must be protected during construction. Silt fences can be used to keep sediments out of the system along with hay bales. The storm drainage swale occurring within the common open space/Right of Way should have slopes no steeper than 4:1. The swale will have native grass bottoms and only be constructed where gentleness of slope prevents potential erosion problems (=<5% slope) Preservation and Enhancement of Native Vegetation - Much of the thinning and pruning required to implement the fire prevention plan does double duty in improving the health of native vegetation. Currently the tree stands in all woodland areas are full of dead and dying specimens. Release thinning will allow healthy specimens to mature, clear out dead and diseased wood that could harbor negative insects and/or parasites and provide opportunities for the planting of other native and introduced species. Enhancement of natives and incorporation of similar introduced species will improve diversity and enforce the existing woodland aesthetic. Fire Prevention and Control Plan - The Strawberry Lane Subdivision lies on North and North North East facing slopes. Private lots contain slopes from 12% to 30% with the building area. Portions of private lots and most of the common open space lands are comprised of slopes from 30% to 50%. The existing vegetation pattern loosely follows the differentiation between steepness categories. In the steeper portions of this site, vegetation consists predominantly of oak and manzanita scrub woodland, with additional Ponderosa pine in some locations. Vegetation is for the most part even aged, dense and appears to be regeneration from the "1950s" fire that burned over the upper portions of the site. On these slopes there is close to total crown connectivity within approximately twenty five feet from the ground. There are large amounts of dead standing wood and large amounts of dead wood on the ground. The general condition is a very dense mixture of mixed shrubs and trees, creating extreme wildfire potential. The more gradual North West facing slopes have already been cleared of most low growing species and existing trees stand in disconnected clumps and singularly. The slopes around building envelopes vary from 10% to 40%. The corresponding primary fuel breaks within this zone range in width from 35 to 60 feet out from the building envelope. ga DEC 2 3 199) The Primary Fuel Break Zone contains these fire prevention attributes: ° Clearing of all highly flammable native vegetation manzanita low growing oaks broom poison oak ° Well established oaks as well as established tree species greater than 6" dbh will remain. ° Remaining and installed landscape will be well irrigated and maintained to promote healthy plants and prevent collection of plant litter. ° Using the fire prevention plant list*, landscape design will follow these guidelines: Predominant plantings in the Primary Fuel Break Zone will consist of resistant groundcovers. Interplant fire resistant specimen shrubs especially around buildings. Fire resistant tree species may be planted at edge between primary and secondary fuel break zones. The Secondary Fuel Break Zone includes all properties outside of the Primary zones including Common Open Space areas. The secondary fuel break zone contains these attributes: • Remove all dead woody material on the ground and standing within vegetation. • Remove and/or thin manzanita and other shrubs to keep a distance between plants of 5 times their height. ° Prune tree branches to a height of 10', remove ladder fuels (dead lower limbs and accumulations under trees). Remove any trees and/or shrubs that are in less than optimal health regardless of size • Thin trees to create 10' of space between crowns • Thinning process must be repeated every 3-5 years g 3 DEC 2 1997 Privacy and CommG Open Space - At the interfac. if Primary and Secondary Fuel breaks, and where areas of secondary fuel breaks come between building envelope site lines, ornamental tree species from the fire retardant plant list may be planted. Trees should be placed so that at maturity there will not be crown connectivity. After planting, regular pruning must be provided to train for open form and no sucker growth. Where adjoining properties share a slope of less than 20% berms may be created between the parcels to help facilitate privacy between homes. These berms, planted with groundcovers and appropriate tree species will create privacy for these homes. Properties with steeper slopes will gain privacy through the focus of views and where possible with native and introduced tree species. To retain the rural character of this neighborhood, fencing will be kept to a minimum. Plant materials and earth berming will be used to provide separation between neighboring properties. Further, when fencing is necessary, "New Zealand" fencing system will be used. This type of fencing is rural in character and unobtrusive when viewed. Fire Resistant and Retardant Plant List - Fire resistant and retardant plant list adapted from: "A Homeowners Guide to Fire and Watershed Management at the chaparral/Urban Interface" "Western Garden Book" "Defensible Space" "Planning for Survival" Groundcovers Achillea tomentosa Wooly Yarrow Arctostaphylos uva ursi Bearberry Baccharis pilularis Twin Peaks Coyote Bush Mahonia nervosa Oregon Grape Cistus snn Rock Rose Vinca major and minor Periwinkle Ceanothus gloriosus 'Point Reyes' Point Reyes Ceanothus Aiusa reptens Carpet Bugle Hemerocallis Day Lilly Iris W Shrubs and Small Trees g� DEC 2 3 1997 Amelanchier snn Serviceberry Hamamelis snn Witchhazel Kalmia latifolia Mountain Laurel Rhododendron snn Rhododendron Rhus snn Sumac Ribes snn Currant Trees Acer sacharum Sugar Maple "Green Mountain" Betula paapyrifera Paper Birch Celtis occidentalis Common Hackberry Gleditsia triacanthos Honeylocust Quercus chrysolepis Canyon Live Oak Robinea psuedoacacia Black Locust FINDINGS: The following findings are provided to address criteria for site review under the performance standards option (outline plan). Criteria for Outline Plan Approval The Planning Commission shall approve the outline plan when it finds the following criteria have been met: A. That the development meets all applicable ordinance requirements of the City of Ashland. The application package consists of the following items: Drawings �S OEC 2 3 697 1. Site/Landscap. Aan showing the lot layout, build. d envelops, openspace areas, street right of way, and preliminary landscape/irrigation design. Included with these drawings are details showing pedestrian path design and typical street cross sections. 2. Fire/Tree Management Plan showing primary and secondary fire zones and suggested plant list. 3. Topographic survey showing terrain, significant trees, existing structures and utilities. Also included is a Slope Analysis Map delineating slopes of 35 and 40 percent (or greater). 4. Sample exterior elevations showing the design concept, building form, proportion, scale and materials. Narrative The narrative provides the following information: 1. Type of Project 2. Project information (i.e. owner, legal description, density, etc) 3. Introduction 4. Background information S. Site description/analysis 6. Project description 7. Design concept for site planning, landscape, grading and building. Additional Material In addition to the drawings and narrative, photo copies of pictures taken at the site are provided. As illustrated in the application package, the proposed project meets or exceeds the City's Development Standard for density, lot coverage, parking, height, solar restrictions, setbacks, lot dimensions and gradings. No bonus density, conditional uses, waivers of variance are requested. B. That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. g6 DEC 2 3 1997 Water - The applicant intends to provide water for domestic use, fire control and plant irrigation. An existing 10 inch water line is located within Strawberry Lane and Hitt Road. These lines are more than adequate to serve the proposed 23 homes. A fire hydrant will be placed every 250 feet of travel distance from any home. Each new home will also have a residential fire sprinkler system. Low water use plumbing fixtures will be installed per city standards. Further, low water use plant material and water saving irrigation systems will be installed within the public row. Sewer - An existing sanitary sewer line (8 inch) is located within the Strawberry Lane ROW. The applicant will connect to the project's sanitary service to this line. Electrical, Telephone and CTV - All on-site and new services (within Public Row) will be underground. These existing services are located within the Strawberry Lane Row, see Survey Maps. Ten foot wide PUE's are provided along all street frontages. Storm Drains - All new homes will have gutters and downspouts and on-site runoff will be directed to both Strawberry Lane and Hitt Road. The applicant is proposing a more natural surface drainage system. A new storm drain system, consisting of under ground pipes, is also proposed from the intersection of Hitt Road and Strawberry Lane to Alnut Street. See Landscape Section of narrative for detailed grading, erosion control and drainage. Also see the Pedestrian/Drainage Way Concept in the design section of the narrative. A detailed engineered plan will be provided prior to final plan approval. Transportation - The proposed development will generate an additional 230 Average Daily Trips (ADT's). See attached Major Transportation Route and Traffic Count Maps. The City staff has provided considerable study on the traffic issue for this neighborhood in the Strawberry/Westwood neighborhood plan. The proposed development is in concert with the conclusions and recommendations of this plan. It is also understood that the development of this neighborhood will impact the street system beyond the neighborhood boundaries. The applicants will participate in the proposed Limited Improvement District (LID) both in the public hearing process as well as with the financial assessment. The LID process will proceed either prior or concurrently with the land use process for this development. The pedestrian path within the subdivision will be maintained by the property owners.Additional information regarding the LID and traffic issue can be found in the narrative as well as the neighborhood plan. �7 DEC 2 3 199) a T e t U . i y Major Transportation Routes �ra�" fiery lWes��`u`d Accessing Neighborhood J. N� h)�orli60d Pl tii,� 8� DEC 2 3 1997 I IL a l V �� _____ _J ❑ RYS V �� �\ WIMER e•' „ °i fR� 775 u rERTIN''- T.I.D. IC. v� N 2 •� �J °cr' d SUSAN LN WEST ST. S.- fi P av DVI M 339 MANZAt11T cp,ZE E S fNr ^fSS 387 _ ( a SUNSNI SCHOOL RAG ENJA I C> C,R. af pp CT. 3 3 04 sAO N ARd T. 0 0 350 NYLA LN. o Oa GI I ST > o 574 nl 255 GLENVIE < pP} a N PARK vr '2! I Y Y 1 w0 �. T 2 SRVK.4 Wz A �Y(.k � 5( 5 "� •F yY .v fiY .. _ 9 i w �7 rya i€ 5 's m ASk11aC1Clm< 5 , rxz Y �y.55t^ ! 1 dw• Estimated Traffic Counts RR.-.5 Zonis (current) Full Build-Out DEC 2 3 1991 The revisions to the street improvements section in the narrative provides an alternative to the LID process. This alternative will be engineered prior to final plan approval. 1 Grading - As seen on the surveyor's maps and described in the narrative, the topography varies from relatively flat to above 40% slope. As shown on the site plan, building envelopes and driveways are within city ordinances. Further, to mitigate cutting and filling, building envelopes are parallel to the topographic contours. The grading for the building sites and road Right of Way are described in detail in the landscape section of the narrative and shown in plan and section on the drawings. Fire and Police - The proposed Fire Management Plan addressed the concerns raised by the Fire Chief regarding this development. The proposed project is within the City limits and therefore protected-by both-Fire and Police Services. All new homes will have an automated fire sprinkler system. Further, a City approved fire hydrant will be located within 250 feet of each home. C. That the existing and natural features of the land, such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. As mentioned in the site description of the narrative, located on the surveyors maps, and shown in the photographs, the site has a vaned topography with both significant trees as well as oak woodland scrub. Further, some rock outcroppings and deep gullies can be found on the three properties. All developable areas have been kept away from these features. In addition, these significant features have been designated as private common open spaces. These openspaces will be maintained and enhanced per the recommendations of the fire/tree management plan and protected by CC&Rs.(see Landscape section in narrative) Due to the sensitivity of these features, access will be limited to maintenance only. D. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The proposed project will not prevent adjacent land from being developed; in fact, the development of this project will provide street and pedestrian access to other private and public properties, see overall site plan. 9a DEC-2 3 1997 E. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. All private and public common landscape areas, paths, drainage swales and openspace will be maintained by a homeowners association. A homeowners association agreement will be provided prior to final map approval. All landscaping will be installed prior to issuance of final occupancy. The project will be built over years based on market demands for housing. All amenities will be provided upon completion of the subdivision construction and street improvements. Ms. Brown's three lots on Strawberry Lane will be developed after the street improvements for this portion of Strawberry Lane is constructed. F. That the proposed density meets the base and bonus density standards established under this Chapter. No bonus density is requested. �/ DEC 2 3 Wt • • r r rJ�ms non Irtaaisns>•+••�n ��J�/ e 3 Nf� (If'1 hull II( , �f b�� ��M R,i•n �. nign j; a IIIII- IG�.ly. lli�llll f u / •I �If�J' •M��� \l V.\. AY���, 111 �� u@ P I ���u r �� m "\ 1,������, � _ I1j1�%461`�� I$�aa P 1 r i r ti l mn�,�1. I� IO) 111 l rt'� 1 r��rFR 11i N Ulr rya/. oii��iunllJJ/JO��GUi J ,��' � _ II OWN n u_' -7 1 vim" � � rsiKi usi Rsai� r-u, nziKi. • w p . 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Gm n 6 Z moo 2 HWOSHINSKY PROPERTY94 :�o� om � j l w a II� � 3AI3038 , : ill '' �� YI � ii ��i/�� ,�✓ % 1 \ l �..'•\� .\� ��.� ��\ � \\���� I/"�'� n 7j, I vfit �- /� -���� � I � •.vim j����r/� ��'jil I i'�i I �€� I 1 i j 1ro / p r P� S F �I= L F 3 E R: II VNe' 3S kl�?�T4 � Ca F4 �r6BS F t , G t• br g -- j ' s I' N UP STRAWBERRY LANE �r m BBB SITE PLAN\! a015 o , Ti7 M iik € �n 6 A NEU111 A N PROPERTY 9S :uoi C)m L661 6 Z AVW 03A13: Id !Jir i 32- RE*W EZ ohs it r"i I ICA It i 1111"! STRAWBERRY LANE lt > Z0 01 m SAMPLE ELEVATIONS loz ;m > z Z3) �4 Om BROWN. HWOSHINSKY NEUMAN PROPERTIES .1 W. LM 6 7. AVw 03AI3038 s g s 13 f m < s �✓ n e, n r � m X 5 = m8 m =J1 m l�l� liin s II` m xl i; Z i i G t i i STRAWBERRY LANE 0_` iD i .Tr o2 m °o SAMPLE ELEVATIONS 66 3 m v . ng mm fn ' BROWN. HWOSHINSKY & NEUMAN PRO ERTIES .Wo om F / SIR-, Kell. 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VWA J10 ;lit I-,; lvl 9 i IF I la IJe i ?F —a Qti Tv f iz It AlIFt STRAWBERRY LANE rr t ,'P" LANDSCAPE PLAN rr; W NEUMAN PROPERTY bm /JOnsni�nl.�n.P+arnsnro•.����ar�� Val I I!�➢ WU�eiiu IUN,RI//����jiy: G�� ,�1/I�h "'1 I'( /q<"i�v;iIi o�G h��l X 4Il1rj.l\lI!ll L Jl"lIB`�`I��p��r��Ir\�\�.l`,�"�'r�lv,;—�r,.'I'll,lr l lT•ITr F����1i�Il,�! ���,n�i,'j���` '�y jJ P11.11),� itp'\Z. ��'�jj\ �\ 1 V ° 10,01 iI _ mac s� CEO� r♦ �/ r iV PIANO T; 7 ggt �i r•. � 1 � I D � %o J • l , I II'�Iril�ll r�ll��� fit / I - � dill'"'' �� I I III�II� �(/�• �'�/ I � ` � Ilill ..IY lunlllll' "� "� luIlllnl'l'gT1j����((MIEQ' � Ili I IUllul illi�ou YOM l 'dl A`vv JMpAvvV� V ,' ,�nll,llll�Jl ' / �� • �l; I'�����1�)�� �•�1/I L /X II 1 d iti i �z//`♦ r �% � I�I ll�"ZQ , / , VA _• .rj•a i s Do June 8, 1998 1398 Ashland City Council Ashland Civic Center 1175 E Main Street Ashland, OR 97520 Re: Planning Action 97-054 Dear Honorable Mayor and Council Members: I am the owner of the property directly adjacent to this request for outline plan approval for a 25 lot subdivision.- I-object to this proposal for the following reasons: --- - — 1. That adequate City of Ashland facilities have not been sufficiently provided in this application, specifically relating to adequate transportation; and 2. Development of the land as proposed will prevent my land from being developed at my property's current zoning and uses shown in the comprehensive plan due to access restrictions. As you aware, this area is a hillside area with a pristine setting and scenic views. As such, the area should be developed as a whole and not developed in a piecemeal fashion, with specific emphasis taken in the transportation planning for the entire area. I feel this application should be tabled for further review and analysis of the transportation issues relating to Strawberry Lane, Westwood and Sunny View. This further planning is necessary in order to develop this area so that it can benefit the entire City of Ashland. Thank you for your continued consideration in this matter. Very truly yours"�LC ^ Henry Kneebone 449 Orchard Street Ashland, OR 97520 / 03 Prprl. May 26, 19 L� u Ashland City Council 20 E. Main Ashland, OR 97520 Dear Mayor Shaw and City Council Members: We, the undersigned, wish to notify the City of our desire to appeal Planning Action 97-054, which was approved April 14, 1998, with findings adopted and signed May 12, 1998. In compliance with the appeal procedure we provide this notice within the 15 day period allowed before the decision becomes effective. We have Standing in this matter as persons who participated in the hearing orally and/or in writing. The basis for our appeal is described as follows: 1) The Findings adopted for this approval fail to adequately address the criteria or substantiate the conclusions related therein. 2) The evidence in the record is not sufficient to meet the burden of proof incumbent upon the applicant. Further, the Findings for this Planning Action are not supported by the evidence in the record. 3) Criteria a) , b) & d) , cited from the findings, have not been met. Much of the pertinent information and evidence needed to meet the burden of proof that the criteria have been met are deferred to the Final Plan Approval via the condi- tions imposed and therefore cannot have allowed an informed decision, let alone approval. Deferring substantive design parameters to final plan prevents neighboring pro- perties or affected parties an opportunity to adequately evaluate or address the proposal's merits or deficiencies. Another example of the likelihood that criteria a) has not been met is found in condition 13) of this approval which suggests that there may be some applica- tion of the Physical and Environmental Constraints Chapter 18.62, yet there is no information or application filed as to whether this Chapter applies or not. It is the burden of the Applicants to make application for this Chapter or provide evidence as to why it doesn't apply. It is not appropriate for the Planning Commission to on one hand assert that the Applicants have met the burden of proof regarding critera a) and at the same time to establish a condition that suggests that another section of the Land Use Ordinances may apply. The street design, transportation plan and urban storm drainage system for this proposal are unsafe and fail to meet the goals/policies, resolutions and/or ordinances of the City. Again, it is impossible to ascertain whether criteria c) or e) warrants a deter- mination in the affirmative or can be substantiated when the application 6 / is not sufficiently clear or detailed and other aspects of the proposal are deferred to Final Plan Approval. There can be no proper finding that criteria e) has been accomplished when the pertinent information in draft or final form isn't provided for review at the Outline Plan level, where the criteria for demonstration of. ..adequate provisions for the maintenance of open space and common areas. . .is required. Criteria c) or e) could be further affected by alterations that would result from the transportaion aspects of this proposal actually being required to meet the standards which are imposed on most other Outline Plans. Additional cut and fill that would be needed to actually meet the requirements of our Land Use Ordinances and State or Federal standards which apply to criteria a) , b) , & d) would also impact the considerations which need to be addressed in criteria c) or e). The initial Staff response to this application actually suggested several defi- ciencies in the application but did not take the appropriate position of requir- ing the Applicants to complete the application and resubmit. By being enabled to avoid resubmission the applicants were able to continue with their insuffi- cient application and were able to avoid the new Hillside Standards. Therefore we must assume that Staff found this application to be complete at some date certain. We must request that the City provide us with information defining the exact date that this application was found to be complete. Further, we request that the City provide us with a copy of the waiver that was agreed to by the Appli- cants which deferred the 120 day provision for a final decision on the applica- tion. We are additionally concerned that the application will not have a final decision within the required timeframe and thus be capable of approval via a Writ of Mandamus. The request for this information is separate from the request for an Appeal hearing and warrents immediate consideration by the City Adminis- tration and Legal Counsel. Unfortunately, the application should actually have been found to be incomplete and returned to the applicant long ago and that is actually what we request the City Council to find at this time. Alternatively, if the Council does have sufficient time to hear this appeal, including the 20 day notice requirement, then we are seeking a reversal of this approval and a requirement that the Appli- cants resubmit a complete application which addresses all the applicable criteria for approval and the burden of proof which is incumbent on the Applicants. ?d4 c •c,. .0. 4,-� Gloat,._ C1 51INIF CRAWIEY f z 4f 57ZgW8EMy LN- O 644 A7 C�rcu�� �l`l 1t /oS n,wF�Qy sr Ashland Planning Commission Public Hearing April 14, 1998 Denise Ewing 144 Strawberry Lane, Ashland I am a resident of lower Strawberry Lane, one of many downhill Ashlanders who will be affected by traffic and development issues resulting from the proposed upper Strawberry development. I have several concerns: 1 . The first is safety. Strawberry Lane is a steep single lane unimproved street which can be treacherous to drive in the best of circumstances. It exceeds 45 degrees in several areas and is barely passable using 4 wheel drive in certain road conditions. Under slippery conditions cars commonly slide out of control. Given the distance to town, common sense tells us that Strawberry Lane would be the major traffic egress from the proposed development. This increased traffic would turn a difficult passage into a busy, dangerous one. 2. There are other issues of fairness. The proposed paving plans do not conform to the city standards for new street development. The described "meandering walks" and the lack of curbs are cost-cutting features below the more expensive standards usually required of others— including those typically imposed upon established residents in local improvement districts. 3. It is also patently unfair, and perhaps morally dishonest,,to evaluate this development plan without acknowledging the true future impact this development would have on Strawberry Lane traffic patterns. We must understand the corrective measures and costs that will be required to deal with such. It is self-evident that traffic and safety problems would occur. It is the legal responsibility of the developers, not those impacted downstream, to deal with these issues. Let's be honest about this process: it is a foregone conclusion that this development would increase traffic. So be it. However, Strawberry Lane in it's current form cannot safely manage this load and improvements would be required, undoubtedly in the form of an LID. This does not take a crystal ball to see. It is essential that we recognize the underlying cause of any future needed street improvement—the development itself. It is the developers who must take responsibility in planning and completing Strawberry Lane improvements to mitigate the problems their development would be directly responsible for. It would be cost shifting of the worst kind to allow the developers to proceed with this development only to knowingly require others downstream of the development to foot the bill for the developers actions and benefit. This type of planning and financial jujitsu is old thinking and should not be allowed. Respectfully, /SQ D ' e Ewing /O(p Jon R. Peele P.O. Box 566 234 Strawberry Lane Ashland,OR 97520 Home Phone 488-3165 April 14, 1998 Ashland Planning Commission City of Ashland City of Ashland Planning Exhibit State of Oregon EmBit Re: Planning Action 97-054 PA# — �.05`t DATE t TAFF Ladies and Gentlemen: Before approval of Planning Action 97-054 is granted, a study of access to and through the Upper Strawberry area (including the "Planned Development") should be undertaken by a qualified expert in the field. The Planning Commission has the responsibility of assuring that access, which is both safe and cost effective and which has the least impact on existing residents, is available before it approves a development the size and nature of the "Planned Development." Consideration of other likely development in this large area (including land not now within the city limits but likely to be so in the future) should be included in this study. Without such a study approval of aM development in the Upper Strawberry area (including the "Planned Development') does not constitute good planning and exposes citizens and visitors to the risk of personal injury and property damage and may expose the city to liability. If the Planning Commission approves the "Planned Development' without first determining, with the help of experts, the appropriate access, the result will be that the Upper Strawberry area (including the "Planned Development") will be primarily accessed over existing excessively steep and narrow one-lane country lanes or alleys. These country lanes (Lower Strawberry Lane and Alnutt) have many dangerous blind spots and numerous curves at least one of which is more than 90 degrees. they are both at full capacity. Any additional usage by the new homeowners of Upper Strawberry Lane and their contractors, service providers and the like will present serious dangers of injury and property damage to both them and those existing residents who already use them, as well as the pedestrians and bicyclists who use them each day. There may well be a number of viable alternatives to the primaryl access to the "Planned Development" and the Upper Strawberry area. These alternative routes may 1 It is 0.6 miles from the ditch road to the Plaza via Alnutt and Nutley versus 2.0 miles by way of Crestwood. Therefore, it is fair to assume that the overwhelming percentage of trips to and from the"Planned Development'will be by way of Alnutt and Nutley. l07 be safer , more cost effecuve and less intrusive on the existing residents. Therefore, a study by a qualified expert should be undertaken to determine what is the best, safest and most cost effective way of accessing the future Upper Strawberry developments including the "Planned Development." This study is needed before appropriate planning of this area can take place. This is just commonsense and good planning. It is the responsibility of the Planning Department and the Planning Commission to recognize these issues and to protect the community against developments like the "Planned Development" with inadequate, unsafe access. A community is in trouble if the desire for new development and the additional tax revenues it will generate takes precedence over the well-being and safety of its citizens. Sincere) Jon R. Peele City of Aehland Planning Ezhibi[ Ewerr PA# oen sr.r. April14,1998 Members of the Planning Commission: My name is Lawrence Bressler & I live at 152 Strawberry Lane. I and my neighbors are going to be severely impacted by this 25 home development in many ways, such as unplanned costs, neighborhood ambiance and safety. I am going to address the issue of safety and whether the outline plan meets the "Criteria For Outline Plan Approval". Specifically referring to paragraph b. of this document "... That adequate key facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a city facility to operate beyond Capacity" The City staff is remiss in its interpretation of this criteria as illustrated on page 6 of the Staff Report of April 14, 1998. 1 quote "that the proposed improvement of Strawberry Lane from Westwood Street to the intersection of Alnut Street, with all costs borne by the applicants, and possibly a portion by the City , through an LID, is proportional to the projects impact on the area and represents a substantial portion of the unimproved street system of the area. While Alnutt Street will remain unimproved under this proposal, we do not believe that the additional traffic generated by 23 new homes will cause either of these sections of road to operate beyond a reasonable level of service." I would like the members of the Commission to consider the following points: 1 . Stopping the access to this development at Strawberry & Alnutt does not meet the criteria for providing paved access to and through the development. Stopping the paving at Strawberry & Alnutt is insufficient. The applicants and the City should pave to the nearest paved street, Scenic and Nutley. 2. The unimproved roads in this area are very narrow, approximately 10 feet. Funnelling high speed traffic from the proposed paved Strawberry Lane onto the existing narrow streets is a disaster waiting to happen. There is barely enough room for two cars to pass with the drivers slowly inching by one another. The City will be held liable for accidents, hopefully non-fatal. I, as a citizen of this community, do not want to pay for court assessed damages due to the citiy's negligence. 3. Not only are there "blind" corners on Strawberry and Alnutt, but there are 3 blind curves on Grandview. I personally have had a couple of close calls driving up this road from Scenic. Considering the applicants' proposed homes and the developments under way on Grandview and Westwood , I believe it is the City's responsibility to fix these death traps now and not later. �0 9 4. The staff report and the applicants failed to address the issue of contractors and their workers who will be driving to build the proposed homes, paving, site development, services, etc. will have on the residents of the area. The disruption will be huge. If the City does not fix the roads, the probability of accidents occurring are exceedingly high. In closing, I recommend that approval of this development be delayed until the City takes the responsibility of making its streets safe for its citizens. / / 0 City of Ashland Planning Exhibit EXHIBIT PA DATE 'STAF April 14, 1998 Members of the Planning Commission: My name is Laura Dunbar. I live at 152 Strawberry Lane. I'm addressing my remarks to the impact on the residents of Lower Strawberry Lane from the proposed 25-lot development on the upper part of the Lane. 1 am limiting my comments to the question of who should pay for the the modification of Strawberry Lane, should the City of Ashland carry out its goal of paving every unpaved road within the city limits. In your files there should be a copy of my comments made at the last meeting, on February 10, 1998. 1 hope you will reread these comments, as they are still valid concerns of mine and my neighbors. I won't waste tonight's time reiterating my concerns about safety, the reduction in property value of the homes now on Lower Strawberry Lane, and the destruction of the ambience of the rural neighborhood. With that said, I will address the issue of costs of possible future changes to Lower Strawberry Lane I refer you to the Ashland Planning Department Staff Report Addendum, of April 14, 1998 (Planning Action: 97-054), page 6, under "IV., Conclusions". The last sentence of the second paragraph states: "We also believe that requiring the three applicants to finance the improvements of all unimproved streets in the area is unreasonable and unfair." If the commission believes this, I'd like to know if you think it might be just as unfair to assess the handful of homeowners (14), whose property abuts Lower Strawberry Lane, for improved access to the twenty-five home development proposed on the Lane above them, especially in view of the negative impact it could have on their property. It seems reasonable to me that the City of Ashland, which owns Open Space adjacent to the proposed development; and the Developers, who will realize a substantial return from their investment, should certainly feel obligated to pay for any future so-called "improvements" on Lower Strawberry Lane. I don't want the Lane to be developed. I feel it will decrease the value of my property and destroy the rural flavor of the area. I, therefore, certainly don't want to pay for it. Thank you, Commissioners, for your attention to my concerns. Laura Dunbar, Homeowner on Lower Strawberry Lane (541) 488-1017 Strawberry Lane A dozen years ago when there were nine homes on Lower Strawberry,the road was deemed at maximum capacity. The City Council at that time recommended no further development. The Ashland City street grade resolution stakes a street of 180/0 or more is at capacity and should not carry any more traffic. Parts of Strawberry Lane range as high as 25%, so how is it possible to look at a proposal to add 25 houses which would add over 200 vehicle journeys a day to such a steeply sloped road? At its February meeting,the Planning Commission looked at an incomplete proposal for development of 25 houses on Strawberry Lane. It was stated then that the access for this development would be Wimer Street But doesn't every development need two access routes?By the Planning Department's own figures it was projected 60% of all traffic would come down Strawberry Lane. This street is already operating at its safety -- capacity with the current 19 homes. How then are we to accommodate this increase?What engineering feat will make it safe on our steep slopes for more than an occasional vehicle? And who is liable for the accidents on an unsafe road that is built against the present city resolution? The developers have agreed to pay for access"to and through."In this case it means to the corner of Alnutt and Strawberry. Then, it is said, it is an undue burden on them to pay more. So this means they create a problem and take no responsibility for solving the safety, aesthetic and cost issues that arise from it LID's are not part of the Planning Commission's criteria in decision making. But if the Planning Commission passes this proposal the residents will be held to pay. And for what will we be paying?The lost ambience of this lane, and the removal of beautiful old trees. In my case four 40-80 foot trees will be removed from my front yard for an extended road My property value will decrease and the estimated cost(under present LID formula) will be more than my yearly salary. Who wants to go into debt for pillage to their property? The developers say it's their right to build So be it But the long standing homeowners should not be forced to subsidize their development The effects of the developers actions should not destroy the lives of others. Sincerely, Christine Crawley 114 Strawberry Lane Ashland, OR 97520 RECEIVED FEB 1 0 1998 Ashland Planning Commission Public Hearing February 10, 1998 Robert and Denise Ewing 144 Strawberry Lane, Ashland As a resident of Strawberry Lane I have concerns about the proposed development (PA97-054). In particular, I believe the criterion of "to and through" paved access has not been adequately met. There are several key issues: 1 . Strawberry Lane, is a single-lane unimproved street already at maximum capacity. Any additional traffic will cause this street to operate beyond capacity. It is already accepted that the majority of additional traffic generated by this development will travel down Strawberry Lane which must therefore be improved to adequately carry such traffic. The proposed street improvements (Phase I, extending only to Hitt Rd) do not provide the required paved access to this area and would unavoidably force additional traffic onto a street incapable of carrying it. Paved access out Westwood alone is insufficient and does not meet stated criteria. The proposed development therefore should not be approved until the required paved access to this area has been planned for. 2. Paved access is required from the proposed development to existing improved streets. This implies street improvements from the proposed development to Scenic or Granite streets. 3. There are numerous unresolved issues with such an extensive street improvement plan including issues of design, cost, extent, responsibility, safety and aesthetics. The developers have not addressed these details. Current residents of Strawberry Lane and associated unimproved streets, the large majority of whom are opposed to such development, should not be expected to pay for improvements required for private land development. Respectfully, � m� � Robert Ewing, MD City of Ashlar Planning Cxhib)� 1-,oruary 10, 1998 av";91? PA x Members s..F T g Commission: My name is Larry Bressler and I live on the lower part of Strawberry Lane. I find it odd that I was not notified of today's meeting, February 10, since my residence and "liveability" will be directly impacted by the proposed development on upper Strawberry Lane. Is this process of notifying only a select few neighbors of pending development projects a city policy or an oversight? It certainly suggests a policy of "divide and conquer". It also creates distrust of the city government. Before this project is approved, I want to know the city's plans for dealing with lower Strawberry Lane, and the estimated costs. Who is going to be assessed for these so-called improvements? The city? The developers? The twenty-five new residents? Without this development, there would be no need to "improve" Strawberry Lane. Can the sewers, storm drains, etc., on the lower end of Strawberry Lane, Alnutt and Nutley, which are already in place, handle the increases in effluence coming from this development? Will these residents then be stuck for further tax increases, to pay for larger capacity pipes, etc.? Is lower Strawberry Lane to be widened and paved? What happens to the rural atmosphere, if this is done? This development should not be approved until these access issues are addressed. The costs to the residents of lower Strawberry Lane and those living on other streets impacted by this development should be defined. When this process is completed, it will facilitate whether to approve or not approve of this development. In closing, the tranquil ambiance of this forested area of Ashland is being destroyed by the development and I believe I and other residents should be compensated for this disruption, not assessed. The cost to residents of lower Strawberry Lane of providing access to the developers' property will be great enough without imposing an additional cost in the form of "improvements" that only benefit the developers of upper Strawberry Lane. E shland Exhibit STAFF February 10, 1998 220 Nutley St. Ashland, OR 97520 (541)482-9191 Ashland Planning Commission 20 E. Main St. Ashland, OR 97520 RE: Planning Action 97-054 1. I object to this hearing. This hearing was not properly noticed- no notice appeared- in--the--Ashland Daily Tidings; therefore this application should be ------ postponed and should not be heard. 2. It is obvious that this application was submitted prematurely in order to evade the application of the new hillside standards ordinance, and the City seems to be facilitating this effort. At the very least, this application should be deemed incomplete at this time. Further, it would be inappropriate for the Planning Commission to offer guidance to the applicants on matters that are the applicants' responsibility, which is: a complete application with sufficient evidence and findings justifying the request. The burden of proof is the sole responsibility of the applicants. 3. The City/Planning Commission should not and cannot compell the applicants to sign a waiver on the 120 day requirement for a decision (that is, 120 days from the day that the application was deemed complete by the City) If the City/- Planning Commission chooses to go forward with this hearing in spite of my objec- tion, then it is imperative that the application as it stands be evaluated and a decision rendered without a continuance. It is quite clear from the staff report that there are a number of items and questions regarding the applicants' plan sufficient to require a finding of denial for the application. Susan A. Hunt l � s City of Ashland planning Exhibit February 10, 1998 Members of the Planning Commission: Ex", PA#J My name is Laura Dunbar. I live at 152 Strawb I'm addressing my remarks to the impact on the residents of Strawberry Lane from the proposed 25-lot development on the upper part of the Lane. I am posing three questions: 1. Would it be aesthetically pleasing to modify Strawberry Lane? 2. Would it be practical to modify Strawberry Lane? 3. Who would benefit from modifying Strawberry Lane? I purchased my home on Strawberry Lane a little over seven years ago as a single woman. I was attracted to my little 50's house because it was nestled in the pines and oaks, located on a Lane (not a Street or Avenue or main thoroughfare, but a Lane) in a country setting. This home is my legacy to my children. It is my only important asset. With that in mind, let me address the first of my three questions: 1. Would it be aesthetically pleasing to modify Strawberry Lane? Strawberry Lane is bordered by an exceptionally fine stand of Madrones at the upper end and _ -magnificent Ponderosa Pines and native Oaks at the lower end. Widening Strawberry Lane in front of my house alone would mean the removal of twelve lovely trees. My neighbors would suffer similar loses. Part of the charm of Ashland is its diversity of styles. Not everyone in Ashland chooses to be on paved, urban streets with sidewalks. Certainly not the homeowners on Strawberry Lane. In fact, the area being developed is zoned Rural Residential. "Rural", in my dictionary, is defined as "characteristic of the country, country life, or country people". 2. Would it be practical to modify Strawberry Lane? The slope of Strawberry Lane does not lend itself to foot traffic. It is too steep for most pedestrians, and paved, would be a distinct hazard to children on bicycles, skateboards or in strollers. A residential sidewalk in this area would be what's legally termed an "attractive nuisance", inviting hazardous activities of young children, who would be much better off falling on dirt than concrete. In winter, ice on a paved surface this steep would pose a very serious hazard, not only for pedestrians but also for vehicular traffic, including, of course, vital rescue vehicles such as ambulances and fire engines. 3. Who would benefit from modifying Strawberry Lane? The only beneficiaries would be the developers, who don't even live on the Lane. Why should the residents pay for something that will not benefit them in any way and that will, in fact, be a detriment? The value of their property will be diminished by urbanizing the Lane. Why will people like me see a decrease in the value of their property? Because their houses will no longer be "nestled in the pines and oaks" that make this forest interface property so unique and desirable. I certainly don't want to be forced to pay for something that decreases the value of my home. Let us celebrate the diversity of our neighborhoods and be cautious about sacrificing it to urban singlemindedness. In summary, these are the answers to my three questions: 1. Would it be aesthetically pleasing to modify Strawberry Lane? No. 2. Would it be practical to modify Strawberry Lane? No. 3. Who would benefit from modifying Strawberry Lane? The developers, and only the developers. Thank you, Commissioners, for your attention to my concerns. i UVU City of Ashland Planning Exhibit ExnieiT_ Pa#—� PLANNING COMMISION SATE S1SiF February 10, 1998 When reviewing the Strawberry subdivision, please consider the impact streets "downstream" will have with the additional traffic. Wimer, Grandview, Scenic, Nutley and Church will be a major conduit for the new development. A city resolution states that Church Street is at capacity, this was determined even before Logan Drive (with 18 lots), Piedmont Drive (12 lots) and now Strawberry (with 25 lots). The city has stated the average family makes 10 _ ... _ . trips a day. The total number of trips could add-up to.520_cars a day-on any one of these streets. The city also has a condition that alternative streets may be used; now, all the alternative streets are nearing capacity, and Scenic & Church is still a dangerous intersection. Cici Brown 171 Church St. � � 7 February 10, 1998 220 Nutley St. Ashland, OR 97520 (541)482-9191 Barbara Jarvis, Chair Ashland Planning Commission 20 E. Main St. Ashland, OR 97520 __RE:. Planning Action 97-054 Dear Ms. Jarvis: I object to this hearing. This hearing was not properly noticed— no notice appeared in the Ashland Daily Tidings; therefore this application should be postponed and should not be heard tonight. Susan A. Hunt RESOLUTION NO. 91-39 A RESOLUTION OF THE CITY OF ASHLAND SETTING „F STANDARDS FOR DETERMINING ADEQUATE STREET CAPACITY— WHEREAS, the City's land use planning process contains criteria for approval which require that adequate street facilities be available; and WHEREAS, there is no comprehensive document that defines adequate street capacity for the City; and WHEREAS, there is a need for the Council to establish such a policy to provide guidance for decision makers in the planning process, and for future planning purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION -1. - -The following is considered adequate capacity on Ashland - City streets and intersections: A. Arterial streets or any street, regardless of designation, in areas zoned or designated in the Comprehensive Plan for C-1, E-1, or M-1 uses: Level of service "D" for no more than 20 minutes per day for average conditions. B. Intersections of arterial and arterial, . collector and collector, and arterial and collector streets: Level of service "D" for no more than 20 minutes per day for average conditions. ReSidentiathe intersections are assumed to have adequate capacity unless physical alignment of the intersection is shown to affect the safe capacity of the street. C. Collector streets in areas zoned or designated intthe 3 , 000 j Comprehensive Plan for residential uses: No greater vehicle trips per day for average conditions. D. Sub-collector streets of less than 10% grade in areas zoned or jdesignated in the Comprehensive Plan for residential uses: 1250 vehicle trips per day for average conditions. E. Sub-Collectors greater than 10% grade and all Residential streets: No greater than 800 vehicle trips per day (VTD) or average conditions. SECTION 2 . Minimum street width. Any street which is less than 20 feet in width (travel portion) is considered to have no additional capacity. SECTION 3 . Sidewalk required. Any residential or sub-collector street that does not have at least a four foot unobstructed sidewalk on one side shall have the maximum capacity for the affected section � reduced by -25%. I i 1 SECTION 4. Effect of Grade. Any residential or sub-collector street that has a grade of over 10 percent shall have its capac ty reduced for the affected section by 3 percent for each percent of grade in excess of ten percent. &Uyresidential or -collector street with a g iLde in excess of 18% shall a ered to have no additions capacity. --�\ SECTION 5. Mitigation Measures. For areas zoned for Commercial, Employment, or Industrial uses, in addition to measures that will increase the capacity of streets to carry automobile traffic, the City may, in lieu of meeting the Standards, accept traffic and demand control measures, such as: 1. Transit facilities. 2. Pedestrian facilities. 3. Bicycle facilities. 4. Demand Management Programs. 5. Employee programs which encourage alternate travel to work. 6. Any other facility or- program that the City finds will be reasonably successful and effective-in encouraging alternate travel. The foregoing Resolution was READ and DULY ADOPTED on the 15th day of October, 1991. Nan E. ranklin City Recorder SIGNED and APPROVED this ..V/ day of October, 1991. Catherine M. Golden Mayor eel«\o.w.oid�.o-eepscy.n. � ao C9 PA A/1 �i- --- - -� -�'i �5> it 7z2 �� ,. � � -XL e9z� � -7� Z4- at 07 J 1 1 Rare and endangered plants on Strawberry Lane Almost daily I walk along the ditchline above Grandview and then up Strawberry lane and down Westwood. In the Spring and Summer I delight in taking special notice of precious clusters of two rare and endangered wildflower species, the Scarlet Fritillary and the Henderson's Fawn Lily. Not less in abundance or any less special are the beautiful Shooting Star, Houndstongue, Cat's Ear and Clusterlilly all thriving along the humble banks of moist earth along the roadway__ The Scarlet Fritillary and the Henderson's Fawn Lily are extremely rare in Oregon and are listed as protected, rare and endangered. These species do not survive transplantation. Oh, the dear price we so willingly pay for progress. Each of these individual clusters of incredible beauty are precious "gifts" and each deserves a "Do Not Disturb" sign. There is much peace to be found in the careful consideration and enjoyment of these living wonders in this special setting. What havoc we wreak for the illusion of material security. Kristi L. Owens 495 Fernwood Andrew Bartholomew 127 Strawberry Lane Ashland �Mnni� CmrA�rWrv, To be read at the Ashland &V-Vented meeting Tuesday February 10, discussing a proposed LID for the Strawberry/ Westwood area I am a recent homebuyer on lower Strawberry Lane, and a new Ashland resident. I am unable to attend tonight's City Council meeting on the proposed LID for the Strawberry Lane/Westwood area. However, I wish to make my opinion heard, and I request that this letter be read at tonight's meeting. Firstly, I am shocked that I have not been formally notified by the City of infrastructure improvements that I will be required to pay for, if passed. Surely, the City has an ethical, if not legal responsibility to inform all homeowners affected by a proposed LID. I would not have known about this LID if a neighbor had not brought it to my atten- tion. But this pales into insignificance beside the issues raised by this specific LID, its funding, and the impact on Ashland as a whole of bringing more residential commuter traffic through Lithia Park and the Plaza. Let me list the public safety issues first, in order of community importance: The Westwood/Strawberry development whose access the proposed LID intends to finance, will bring a dramatic increase in traffic coming down the hill. Most of this traffic will end up on Nutley. Nutley naturally flows into Lithia right by the ice rink. Has anybody tried to drive past the ice rink nowadays? It has been a huge success, and there are now children, families and their cars all milling around this area from early in the morning until 9 at night. In summer, this area is always jammed with families and tourists. The city planners are proposing to dramatically increase residential commuter traffic through what is now a family parking lot. Are the people of Ashland aware of what is going to happen to their park? Are we really going to drive a commuter freeway through Lithia Park? After bringing all this extra traffic past the ice rink - hopefully without killing a child who runs into the road - the planners will then lead the extra traffic into the plaza. The plaza is already crowded with traffic, and dangerous for pedestrians. Shall we now start killing the tourists strolling down to our picturesque plaza? The park and downtown area should have less vehicular traffic, not made more dangerous by adding Mff*pore traffic. Are we really going to ruin Ashland's crown jewels--the Park and the Plaza--simply because a private developer wants to build a few I upscale "spec' homes at the top of the hill? Then there is the question of the wisdom of widening curving, narrow streets with sheer drop-offs on one side, so that future residents can drive to their as yet unbuilt homes even faster. Have the City council members really considered the public safety of many more cars - driving much faster --up and down Alta, Allwood and Strawberry Lane? All we are doing is building a race track which will funnel fast moving traffic through previously quiet residential districts, through the family areas in the Park and the Plaza. L'1/w i, Now, with regard to the proposed financing of the street access through an LID, I find it incredible that the City would even consider requiring that existing homeowners pay for street improvements so that a np 'vate development of as yet unbuilt homes can have adequate access and egress. If a private developer wishes to build homes in the City of Ashland, he or she -- not existing property owners half a mile away—should be required to pay for the necessary improvements to the City's infrastructure. Surely this is obvious? To add insult to injury, the proposed street widening and improvement will effectively reduce the value of many local residents' property, through the loss of mature trees and landscaping. Many trees on Strawberry Lane and other streets will need to be cut down, thereby reducing the pleasant woodsy feel that give the area much of its charm, and which is reflected in real estate value, as any Realtor will tell you. With this LID, the City is requiring a few local residents to pay for "improvements" which will actually reduce the value of their property. / 2s • few local residents to pay for "improvements" which will actually reduce the value of their property. The Strawberry/Westwood development LID has no public benefit for the citizens of Ashland, or the community. It is purely for the benefit of a private developer4'wishing to build spec homes up the hill. Why is the City Council proposing to make private citizens citizens pay for a private development which will actually reduce the value of their homes, while also reducing the quality of life in Ashland's Lithia Park and Plaza? In summary, the City should reject the Strawberry/Westwood development on the grounds it is bad for Ashland as a community and as a tourist destination. Furthermore all private developments requiring improvement to the City's street infrastructure should be financed by the developer, and not by local residents through these unfair and undemocratic LIDS. Thank you. RECEIVED FEB 1 0 1998 Ashland Planning Commission Public Hearing February 10, 1998 Robert and Denise Ewing 144 Strawberry Lane, Ashland As a resident of Strawberry Lane I have concerns about the proposed development (PA97-054). In particular, I believe the criterion of "to and through" paved access has not been adequately met. There are several key issues: 1 . Strawberry Lane, is a single-lane unimproved street already at maximum capacity. Any additional traffic will cause this street to operate beyond capacity. It is already accepted that the majority of additional traffic generated by this development will travel down Strawberry Lane which must therefore be improved to adequately carry such traffic. The proposed street improvements (Phase I, extending only to Hitt Rd) do not provide the required paved access to this area and would unavoidably force additional traffic onto a street incapable of carrying it. Paved access out Westwood alone is insufficient and does not meet stated criteria. The proposed development therefore should not be approved until the required paved access to this area has been planned for. 2. Paved access is required from the proposed development to existing improved streets. This implies street improvements from the proposed development to Scenic or Granite streets. 3. There are numerous unresolved issues with such an extensive street improvement plan including issues of design, cost, extent, responsibility, safety and aesthetics. The developers have not addressed these details. Current residents of Strawberry Lane and associated unimproved streets, the large majority of whom are opposed to such development, should not be expected to pay for improvements required for private land development. Respectfully, R Ewing, MD I � a7 We the undersigned residents are opposed to the formation of a 'D 07a Local Improvement District (LID) involving Strawberry Lane I and the associated unimproved streets. Name Signature Address Phone JSC-�nlrAH(A1 3TOTT as �seftw(iv�KY ug�J� ESL-t9sZ l AQU VOHPAR. _ I5z 5Tf?Atu6 zX LAN y�eP-!DIX AN'DR£w BAZTLL,.-,MEW .,,>......... 2-7 f1w Oroe 5S2-- 1465 r Mv, D 39E,ep- ) 4-g SjaAA(-,C" &At-"--' 418-403o - - -- LI5Asdceiy cam i44SSTiLA� 7 Arc 4 �SS��30 C�N Iz l-sr► NC- CkA-WIk�I C _ (2-q 6 6 1/9 Y� (//�-/lit ems • A � �-e /J�-� UL�c_.. �5=-2 -�G�«,.,��L�.� `��`l�1 -S'l�� It� �LgVV D 'DM;� CA`sfDlzl` 492-6 City of Ashland Planning Exhibit Exweir_ $TAPE f A shta^d We the undersigned residents are opposed to the formation of a city o. F%1,0t pla^N^A Local Improvement District (LID) involving Strawberry Lane Exws"�. and the associated unimproved streets. "" Name Signature Address Phone O—V Z G ,S E[�WA D 1: BR0 El,KER l97 PA7L .. I7F �2-��15 j Leal, `, -4V S , S - l a=3d I i I /3a r I / 1 � A t ' 13( City of Ashland Planning Exhibit PETITION EMBTCG _ 0�l pq —0S SAT I L ""' We represent a group of Ashland residents who are seriously concerned about the dangerous impact of the Strawberry Development on our children, ourselves, and our pets. The enormous increase in traffic resulting from this development presents hazards for the many pedestrians who frequent Strawberry, Alnutt and Nutley, in addition to the emissions and noise pollution generated in the area. This development will have an irreversible and entirely negative impact on the surrounding neighborhoods and we urgently request that the Council grant the appeal from the Planning Commission's approval of this project, and look more closely at the safety and environmental issues posed by this large project e6 KUe0 1 I33 nl ' r- l/ /c� IVJf�` 3; ��iJ e=r Zll l�7 64—� l97 �✓ s�G y�Z- s�y9 �C1r15 :� bb ��F" S-}DhcC'S 215 /v;,, tl�,y ��s��og3 PETITION We represent a group of Ashland residents who are seriously concerned about the dangerous impact of the Strawberry Development on our children, ourselves, and our pets. The enormous increase in traffic resulting from this development presents hazards for the many pedestrians who frequent Strawberry, Alnutt and Nutley, in addition to the emissions and noise pollution generated in the area. This development will have an irreversible and entirely negative impact on the surrounding neighborhoods and we urgently request that the Council grant the appeal from the Planning Commission's approval of this project, and look more closely at the safety and environmental issues posed by this large project. b � ve.JT / �� � �►\t S 3 (c S� CLq�XCQl1�� GZQ 7 ZO S-�-e-n-Q J 1 PETITION We represent a group of Ashland residents who are seriously concerned about the dangerous impact of the Strawberry Development on our children, ourselves, and our pets. The enormous increase in traffic resulting from this development presents hazards for the many pedestrians who frequent Strawberry, Alnutt and Nutley, in addition to the emissions and noise pollution generated in the area. This development will have an irreversible and entirely negative impact on the surrounding neighborhoods and we urgently request that the Council grant the appeal from the Planning Commission's approval of this project, and look more closely at the safety and environmental issues posed by this large project. Alec 7v z C,,�.06 0)- Werlssen 934 AML 6r© k - dboIX) �c fl yg8-$84 PETITION We represent a group of Ashland residents who are seriously concerned about the dangerous impact of the Strawberry Development on our children, ourselves, and our pets. The enormous increase in traffic resulting from this development presents hazards for the many pedestrians who frequent Strawberry, Alnutt and Nutley, in addition to the emissions and noise pollution generated in the area. This development will have an irreversible and entirely negative impact on the surrounding neighborhoods and we urgently request that the Council grant the appeal from the Planning Commission's approval of this project, and look more closely at the safety and environmental issues posed by this large project. Yoa _ — / 1 1 Ashland City Council Ashland, OR 97520 June 15, 1998 Ladies and gentlemen: I want to apologize for not appearing in person tonight. It has nothing to do with my lack of interest or the importance that I place on this matter. My grandson, whom I see only once a year, is visiting us at our home in Montana this week. Otherwise, I would have appeared in person to explain my concerns about the matter before you this evening. First, I want to make it absolutely clear: My concern and the concern of the other residents of lower Strawberry Lane and Alnutt Lane involves only the access to the proposed Upper Strawberry development. The Upper Strawberry development, with the exception of the access issue, is an excellent development. I want to make this clear so that there is no misunderstanding with respect for our notices.for appealing the Planning Commission's approval of the proposed development. We have no hidden agendas. The only issue is inadequate access and the risk of personal injury it represents. What concerns me, and the rest of our group, is the safety issue that will result from the potential traffic associated with the construction of 23 new homes in the Upper Strawberry development. The developers and the Planning Commission have both acknowledged that between 50 and 60 percent of the additional traffic associated with the construction and occupation of these new homes will use lower Strawberry and Alnutt lanes for access to and from Ashland. I believe the number could be even higher, and that the overwhelming majority of these trips will use Alnutt Lane to Nutley Street for this access. Currently, there are six homes which use the Alnutt Lane/Nutley Street route to town. _ - Alnutt Lane is an unpaved, single-width lane or alley. Opposing automobiles cannot pass one another on this lane, thereby requiring one of the vehicles to back up as much as one- half the length of the lane. Alnutt Lane is also used extensively by bicyclists and walkers who use the ditch trails just uphill. Visibility is extremely poor on the lane, especially going south, because of a large curve and vegetation that grows along the east side of the lane. On several occasions I have narrowly avoided collision with other cars and bicycles coming north, downhill at high rates of speed. Because of the narrowness of both Alnutt and lower Strawberry lanes, service providers, such as garbage pickup, use special, smaller vehicles to navigate this area. Special moving vans and delivery trucks have been necessary. Although Alnutt and Strawberry lanes are extremely narrow, steep and unpaved and extremely dangerous, I believe that the new residents and service providers will use the Alnutt/lower Strawberry lanes as their primary access. It is only one-half mile from Hitt Road to Granite Street via Alnutt Lane and Nutley Street, while the other route is 2 miles with many stop signs. The current residents i Page 2 of upper Strawberry use Alnutt as their primary access to town, and new residents will also. The Planning Commission states that if Alnutt and Strawberry lanes are so inadequate and dangerous, residents of upper Strawberry and their builders and service providers will not . use them. This is ridiculous thinking and constitutes a complete disregard for the safety of the lower Strawberry residents, as well as all other users of these lanes(bicyclists and walkers) and the upper Strawberry residents. This reasoning cannot be the legal basis for a finding of adequate access. The Planning Commission has a responsibility of assuring that each development has proper access. This is a basic requirement of any development. It is not something that can be ignored or treated as something that can wait until a serious accident occurs. My suggestion is this: The developer is required to retain an expert to study access to and from the proposed development. This is not an unusual or unreasonable requirement and clearly something that a well-financed developer would expect to have to provide, particularly in a situation where the primary access to and from a proposed development is by way of unpaved, single-width country lanes. In conclusion, we request that the City Council reverse the decision of the Planning Commission approving the proposed development on the grounds that access is inadequate because the primary access will be via unpaved single-width country lanes or alleys and not by way of a city street. We further request that the developers be required to conduct an access study which should be undertaken by a qualified expert. If the City Council elects not to reverse the Planning Commission action, then we request that it make a specific finding that in its opinion, adequate and safe access to the proposed development will exist via the lower Strawberry/Alnutt lanes route. A possible alternative would be to close off upper Strawberry Lane at the ditch road, thereby compelling all traffic to use Grandview Road for access. A gate could be installed at the ditch road point that would allow bicyclists and walkers to pass, but preventing automobiles from doing so except in cases of emergency. Respectfully yours, Jon R. Peele 234 Strawberry Lane Ashland, OR 97520 7 OA ' " 1 15 June 1998 Mayor Cathy Shaw 1UN 1 " 1998 20 East Main Street Ashland, OR 97520 Dear Mayor Shaw:As the Ashland City Council is considering an appeal of Plan- ning Action 97-054 (25-lot subdivision on upper Strawberry Lane) , I would like to go on record as opposing this development until the health and safety implications of increased traffic on Straw- berry, Alnutt and Nutley are addressed and the difficulties in- volved are resolved. I have lived at 147 Nutley Street for 17 years. My residence is at the intersection of Nutley Street and Scenic Drive. Nutley above Scenic is unpaved and steep. Vehicles have difficulty get- ting traction in going up Nutley and generate a tremendous amount of dust as a consequence. As well, vehicles coming down Nutley . descend at a high rate of speed and also develop clouds of dust. The deposition of enormous quantities of dust is evidenced on dust- laden shrubbery, house siding and accumulation in gutters. Not only does this dust problem require constant cleaning but, it undoubtedly constitutes a health hazard from the increased particu- late matter in the air we breath. Another problem that needs to be addressed is traffic safety on Strawberry, Alnutt and Nutley. This currently unsafe situation will be exacerbated by the quantum increase in vehicular usage of this route with the proposed development. Many residents have pointed out the narrow, winding, one-way nature of this route which will become the major access and egress for these new homes. However, no one, I believe, has so far mentioned a dangerous con- dition that I have observed from my vantage point at the intersec- tion of Nutley and Scenic. As Nutley above Scenic is unpaved and Nutley below Scenic is paved there is a continuing migration of gravel down Nutley from the unpaved section to the paved section. This loose gravel on the paved surface is a hazard for vehicles, bicycles and pedestrians. I have seen many incidents over the years when automobiles coming down Nutley and attempting to turn north on Scenic have lost control and spun out. Bicycles are sub- ject to the same result and pedestrians can and have lost their footing on this unstable surface. Over the years I have removed many buckets full of gravel in an effort to reduce this hazard. The city' s street sweeper does help but, does not sweep frequently enough to eliminate the problem. In my view, until Nutley to Alnutt and Alnutt to Strawberry are paved this route is unsafe and the development should not be approved until the plan includes the improvement of these streets. Sincerely, aoP,0�720� `MOUNTAIN PARK DEVELOPMENT. LLC June 12, 1998 ,r.-5 jo alJ L. ---' Dear Mayor Shaw and City Council Members: r I am writing this letter in response to the appeal of the twenty-five lot Strawberry Lane:Subdivision. I have been a property owner in the Strawberry Lane area now for about eight years. During the last three years there has been a,major effort guided by the Ashland Planning Department to come up with the best plan for the area. Through this effort there have been many accomplishments, including dedicated open space, for the public use, hillside standards and an agreement of the property owners to keep the rural feeling of the area and commit to one acre parcels instead of the current zoning of 1/2 acre parcels. We have met all the criteria for subdivision approval and were approved by the Ashland Planning Commission. We are clearly acting within the Oregon statewide*planning goals and guidelines. .This property is within the city limits and will add to.the diversity and quality of life in Ashland. It is also important to ' note that the build-out of twenty-five homes in the Strawberry,,Lane, area could easily take twenty years. Please uphold the Strawberry Lane'Subdivision approval. . Best, oug Neu n . wrier 4240 Clayton Road Ashland.Oregon 9752,❑ Phone/Fax 541.482.5958 CC8# 099776 June 16, 1998 City Council, As our hillsides developed, many problems became apparent. Steep slopes and access problems led to design and engineering solutions that have had negative impacts like traffic safety, visual scarring and erosion. Some examples of such developments are Morton Street, Logan Drive, and Piedmont Drive (off Scenic), and now Strawberry Lane. The canyon walls carved out from the creation of Piedmont (photos A,B) are now camouflaged by pieces of rock (photo C,D) It is obvious Strawberry Lane cannot be developed into a safe roadway without some extreme landscaping similar to the Piedmont experience. Are we prepared for this? I have talked to former planning commissioners about the visual impacts on Piedmont. They all agree they had no idea the road cuts would be so severe. To prevent such eyesores, I would suggest the council look at an engineers rendering, or a computerized view to see what the road cuts will look like BEFORE any widening. An engineering geologic report should be required before any vote is made on this planning action. We have to live with your decision. Cici Brown 171 Church Street Ashland Attachments A, B, C, D Memo To: Honorable Mayor and City Council Fan: Mike Freeman,City Administrator Date: 08112/98 Re: Ashland Fiber Optics Project Attached are two documents related to the proposed fiber optics project. The first is a new business plan developed by R.W. Beds. Included in this business plan are two scenarios, one is the 'Falcon' scenario which is based on information from the cable TV industry regarding cable penetration levels, high speed penetration levels,etc. The second is the most likely scenario. It is based on a mix of cable TV revenue, high speed data revenue, leased fiber and miscellaneous revenue. The Falcon scenario is not a financially viable scenario as it does not cash flow. The most likely scenario cash flows and results in over$2 million in revenues over expenses in the tenth year. The second item Is a report from the Center for Civic Networking regarding the feasibility of the fiber optics project. I took the liberty of having this study completed shorty after being appointed as City Administrator. I am happy to report that the Center supports the project and recommends several steps to further refine the roll-out of the fiber, implementation of the technology selected, revisions to the financial plan etc. These documents are provided so that you can begin reviewing them in preparation fora special study session the staff will request for late June early July to further define the direction of this project. I encourage you to review these reports and question myself or Pete Lovrovich on them prior to the study session. If there are any questions, comments or discussion you would like to have, please feel free to contact me or Pete. •Page 1 Ma9lclueaN I 73 O.W.30,1997 --------------------------------------------------------F O RU M------------------------------------------------------- Cable TV in America's Heartland T he following is an excerpt cable systems, many of these And were not.alone. There sonable, fair solution to the Let me give you some examples of a speech that Mom B. areas would have little or no are about 11,000 cable systems problem — one that carefully from my own experiences. Nathanson, chairman access to either over-the-air in the US today,with mare than and realistically leaked at the • During a franchise-re- and CEO of Fakron Cable TV broadcasters or to the multi- 6,200 systems serving 1,000 or economics of small markets, newel negotiation with a city Corp,delivered to the Washing- tude of programming choices fewer customers. while protecting the public good. of 400 subscribers, the city mn Metropolitan Cable Club in that they benefit from today.In So,how can government help Second, the government asked us to build a 750-MHz, Washington,D.C.,Oct.15. Alton,Mo.,which is outside of to ensure that people in heart. should address the exemption two-way fiber plant, with a all television markets, for ex- land America continue to have from pole-attachment reguhs- separate institutional net- I would like to focus my ample, Falcon offers its cue- access to the beat that cable can Lion for rural co-ops and munic work,plus to put in high-speed speech on my advice to the new tamers seven broadcast sw- deliver? ipally owned poles. Rural and modems for Internet access. Federal Communications Com- tons,even though the nearest First, the government most small-market systems are pay- They also wanted 4 percent of mission nominees—Democrat licensed station is more than 70 establish national policies that ing a lot for pole attachments our gross revenue to support or Republican—on how to bal- miles away.Some 32 percent of take small-market considers- — in many cases to unregu- public access,in addition to the ance community good and the our cable franchises get three lions into account—small-mar- lated,rural electric co-ops,the 5 percent of the gross that they reality of the cable-television or fewer TV signals off-air. rates of many of which have in- already receive. They also business. What are the facts about op- creased exorbitantly, even wanted us to voluntarily con. Small systems today face erating systems in small "The government while they're getting into the tribute $62 per customer for unique challenges as they try towns?They have: ], DBS business. public-access equipment. to rebuild in order to ensure •Lower density; wrist establish On July 2,1997,we got a IeG These non-revenue-producing that their customers have ac- •Older demographics; ter from Cape Hatteras Else. services would require Falcon cess to State-of--the-art telecom- •A cost W reach a new cus- tric announcing that they were to raise its rates by$2.65 per municatiom.I'd like to address tomer of$958 per customer for national policies increasing our pole attachment customer,per month,and that these challenges and ask the a line extension; from$2.50 to$13.50 per pole— does not take into account the government to be mindful of • High rebuild costs — it that take a 565 percent increase.That's $1 million-plus rebuild costs. taking action that would raise costs the same $24,000 per why the FCC,in its most recent •When we were retrofitting the cost structure of these sys- mile to rebuild a rural system Competition Report Notice of a system and adding channel tems, frustrating their ability with 25 homes per mile as it small-market Inquiry,asked whether the co- capacity in a 10,000-subscriber to provide new services. does for an urbanAmburban Sys- CO)LSL(leratLOILS op exemption harms competi- system in Oregon,we went to Before I do,let's look at the Lem with 300 homes per mile; tion and why the cable industry the city and told them our reality and evolution of the ca- •Routine operating costs are has asked the FCC to remm- plans and our proposed new ble business,from a small-sys- higher due to miles of plant into account." mend that Congress eliminate rate structure.The city fathers Lem perspective. and population. Thus, fran- this exemption. were at first outraged at our The cable industry was built chile and regulatory costs per Third, Congress should be costs and rate proposal. We by entrepreneurs who brought subscriber are 56 percent ket systems face unique chal- mindful not to raise our mpy. then had W go through a pub- television to hundreds of small higher in smaller towns; lenges,regardless of who owns right costs.The Copyright Of. .lic hearing and show what the and rural communities that • Consumers in smell-town them.On that score,I'd like to fice issued at report suggesting costs of our programming ser- otherwise had little or no ac- America want the latest,state- salute Meredith Jones,the staff changes to the cable compel- vices were, on a channel-by- cesstoover-the-air broadcast- of-the-art, fiber optic, 750- of the Compliance and Informs- sory-license-rate structure that channel basis.The city not only am and to other video program- megahertz cable systems,with tion Bureau and the FCC on would impact small systems agreed to our rate proposal, ming.Many of these small and Internet access via high-speed their handling of the emer- the hardest — revisions that but it also increased it, if we midsized operators,like Falcon, modems and more channels. gency-alertsystem issue. The would force these systems ei- agreed to add some more ser. continue to provide cable ser. Yet,this conflicts with their de- original proposals was that all ther to drop the distant broad- vices.This city made a choice. vice and to invest in these sire to keep rates down. How systems,regardless of Sim were cast stations that rural and They wanted more services. same communities. do we deal with the economics going to have to install equip- small-market customers have Higher rates were a conse- We do so,even though some —particularly in rural areas, ment that could cost about enjoyed for years,or to increase quence of this decision. thought that in the wake of the where operators face real, $15,000 or more for each head- customer rates in order to con- The point is, if rural and '92 Cable Act, the small and widespread competition not end by July 1997, tinue carriage of these stations. small-town America are to get midsized entrepreneur was on only from direct-broadcast This may not be a huge Small systems serving comma- the best,the government must the way out. Some operators satellite and C-band dishes, amountto Cox Communications nities that don't have local tels- take care,in its policies,to rec- panicked and sold out.But the but also from rural telephone Inc. or Cablevision Systems vision stations will be particu- ognize the unique challenges pundits were wrong. In my companies? What should the Corp., because they operate larly hard-hit if these proposals facing small-market systems, opinion,it still makes good a xo- new FCC mrmnissioners do to headends with hundreds of are adopted, with the real and it most be sensitive not to manic sense to invest in small develop an enlightened telecom- thousands of customers.But,for losers being rural consumers, adopt polices that will raise communities over the long munimtiorts policy that benefits the 1,186 subscribers an the Finally, local governments the cost of doing business in term, so long as the govern- rural communities, but that is Hondo,Texas, headend,this is must be mindful of the econom- these areas, or that will dis- ment exercises extreme care based upon the economic realities quite a burden. I've publicly ics of small systems and of cost criminate against the type of about raising the cost of doing of the cable business in 19979 thanked Janes,her staff and the issues when they look at fran- company that serves these sys- business in these areas. These are not easy issues.We FCC for mining up with a rear chise transfers and renewals. tems. Today,there are about 3,900 at Falcon live with them every cable systems located outside day.Falcon serves about 1 mil- of the top 100 television mar. lion subscribers, in 700 sepa- kets. Of these, only 8 percent rate franchise areas, in 27 are owned by independent op- states. Most are in small and ermors,as compared to 92 per- medium-sized towns.We have cent that are owned and oper- 253 systems that serve fewer ated by MSOs. These than 5,000 customers, and small-town systems serve over about 125 of those systems 9 million cable homes. If we serve fewer than 1,000 sub- only focus on the top 20 MSOs, scribers.Our smallest headend they serve 77 percent of all cus- is in Oakridge, La., and it tomers in smell-town America. serves 22 homes. That is equal to 23 million peo- When the recently an- pie residing in the heartland. roamed Falcon transaction is Cable systems play a vital completed, we will still have role in delivering video-pro- many small headends,but two. gramming services to cus- thirds of our customers will be tamers in rural,low-density,or- in systems with headends Sam- eas that may otherwise have ing over 10,000 subscribers, gone unserved not only by ca- due to consolidation.Falcon will ble systems, hut, in many be the largest U.S.cable opera- - cases,by over-the-air television tor devoted solely to nonurban stations.Were it not for these systems. D4 THURSDAY, JUNE 26, 1997 A LOS ANGELES TIMES Company Town TCI EXChariges The Times Music Index Subscribers Total album andsinglesalesofCDsand cassettes for the week ended June 22,STACKING UP SALES for40°Io Stake lYl compared with week-ago and year-ago levels in millions of units sold: Falcon Hol dings. 1n - MAIII , ■ Deals: Nation's largest 12 cable operator will not rid 10 ' itself of debt in transaction, 8 ' as in other recent pacts. 6 BySALLIEHOPMEISTER 4 y d TIMES STAFF WRITER - 2 1� e MEE In another step toward shedding o �etat week week ego .rem ego Tim Me0row - far-flung cable systems, Tale. - communications Inc.has agreed to Atop the charts - give up 310,000aubscribers to Fal- can Holdlop Group in exchange Weekly and year-to-date record company market share as of June.- for a 40% equity stake in the Los 22,based on current albums sold.This is an indicator of musiccom- Angeles-based company. pany performance.Figuresdo not include catalog sales. But unlike similar deals planned - and announced by TCI;Falcon will MARKET SHARE not assume any debt in the deal, This Yearto I-' which Is estimated to be worth Distributor week date Topeamagallson Artist about$600 million. WEA 18.0 17.0 Everywhere Tim McGraw In the last month, the nation'sEMD 15.3 14.0 Spice Spice Girls largest cable operator has unloaded more than $600 million in debt to - UNI: 14.5 14.6`' God's Property God's Properly cable partners In similar deals. BMG 13.3 13:7. Butterfly Klgses Bob Carlisle Falcon,the nation's 12th-largest cable operator,with about 1 million polyGram 11.2 31;7 Middle of Nowhere Hanson _ . subscribers,would fake over TCI's Sony 10.0 11:5 Felling Into You Celine Dion subscribers In Missouri, Alabama source:soundScan and California, and become the .. second-largest cable operator in Oregon and-Washington through - lue Angmesmmee the deal. lion to about 12 million—the size of Nathanson said. The transaction would Increase Time Warner's cable business: About:half of TCI'a customers, Falcon's borrowing power and I In addition to cleaning up the are located in rural communities pushes the company's value to : balance sheet,TCI hopes the deals . .that are not part of urban clusters. about$2 billion,according to Marc will improve its.mediocre operat that enjoy, better economies.,af Nathanson, Falcon chairman and Ing margins by improving:manage- scale. Nathanson says Falcon chief executive, who retains 51go - y - votingcontrol. � � meet-of the systems: Under new cializes m small towns,calling his Earlier this month, TCl traded President Leo Hindery,'TCI.has company the "Wal-Mart of cable 168,000..subscribers to Adelphia broken up the company:into re- operators" Communications Corp. for a.stake .gional operating groups"ln an at- He said 70% of the residents in in the company and gave up an tempt to improve dismal customer those towns subscribe to cable; additional 820,000 New York sub- relations. - - - - - largely to improve their televislon scribers—along with $699 million �.in Falcon, TCI is aligning with . roc I tion. in debt—to Cablevision Systems one of the most profitable opera- Corp.for a third of the Long Island mrs• Because Falcon now will be an cable company. - Falcon's operating income last affiliate of TCI,.he said, the com= The firm is in negotiations for year of$250 million on revenues of pany Will be entitled to the same,; similar agreements with Charter $500 million gave It a profit margin bulk discounts on programming. Communications and Time of 50%.The cable industry's aver- -enjoyed by its partner. The:eable. Warner Inc. age operating margin is 40%. - industry blames the rise in:rates The deals are expected to pare - Falcon could assume control of '.largely on a spike in the'east:of debt to about$13 billion and biting other .TCI subscribers down the programming from networks-like TCI's subscriber base from 14 mil- road under a similar arrangement, -ESPN and MTV. r F „ 1 The Nevus Magazine for Video, Voice and Data TCI Falcon Deal Takes Flight Push to cluster US cable mw*&gaim mozrmtum By K.C. N E E L Falcon will continue to operate sys- tems serving another 100,000 customers A11 but three or four of the top 50 U.S. in a separately run partnership. cable markets will be highly clus- Other elements of the deal: tered by year's end due to Tele- ■TCI will take a 43% stake in Falcon Communications Inc.'s push to W_ forge partnerships, according to ■ Falcon will TCI president Leo Hindery, who WTC I manage the proper- last week announced his compa- ties and consolidate ny's third joint venture the partnership for partnership in as many financial reporting weeks. �, o purposes. According to terms . ■TCI's invest- of a deal cut with theE� ment will reduce � G Falcon Holding Group, Falcon's outside in- TCI will contribute ca- r vestors' stake from 60% to 20%, while ble systems that count 300,000 cus- Falcon will control over 50%of the voting tomers in Oregon, Washington, power in the partnership, according to Missouri, Alabama and California, as Falcon chairman Marc Nathanson. well as about $325 million in debt, to ■TCI will shell out about$100 million Falcon's systems that count 700,000 cus- tomers in 26 states. See TCI on page 51 News C TCI-Falcon Deal Steps Up Consolidation Push TCI from page 1 can diminish its direct ownership and joint venture there isn't on the drawing control over many of those systems, board right now. "Chicago is a great in cash to buy out Falcon's investors, Hindery said. management challenge,"he noted. according to Mike Menerey, Falcon's Giving up control CFO. or selling systems is �' The Falcon deal follows similar deals quite a turnaround for / that TCI has cut with Adelphia a company that for I Communications Corp. and Cablevision years prided itself on Systems Corp. never selling a cable TCI, the nation's largest MSO that operation. TCI also now counts 14.3 million customers, ex- used to boast that it TC I pects to forge up to 15 partnerships this crafted a deal a week year, affecting TCI systems that serve throughout the 1980s. ■ some 4 million to 5 million customers. Still,Hindery is unfazed. "No one else has the footprint or the "We're not dismantling the TCI em- ENO one else has cable holdings we have to do something pire," he said. "It's just happenstance like this," Hindery said. "We're calling that we're downgrading our owned-and- this the summer of love at TCI." operated system base. In every case, the footprint or the cable In each case, TCI is giving up con- each potential partner is contributing trol of its operations in favor of the part- more customers [to the joint ventures] holdings we have to do ner, according to Hindery. In the end, than we are, and we shouldn't press the MSO will end up with 9 million to ourselves into a dominant position." 10 million customers. But it'll also have By the time all the joint-venture part- something like this. minority stakes in systems that serve nerships are wrapped up, TCI will have another 8 million to 9 million cus- reduced its gross debt by about$4.5 bil- ■ tomers, according to Bill Fitzgerald, lion to less than $10 billion, according to Hindery. That's close to the 4.5 debt- Here's a look at some of the TCI to-cash-flow ratio deals that are the close to being final- r M that debt ratings ized,according to Hinders: agencies have ■ The MSO could contribute sys- long pushed TCI tems that count 225,000 customers in to achieve. Missouri and unload about million TCI is expected in debt in a partnership with th St St. Louis- to forge partner- based Charter. ships with Charter ■TCI and Time Warner are expect- Communications Corp., TCA Cable TV ed to join forces in the Kansas City ■ Co. Inc., InterMedia Partners and Time area, which would let the former elimi- Warner Cable, among others, in the next nate another$210 million in debt. The Falcon deal few weeks, according to Hindery. Some ■ TCA and TCI could form a new industry observers are speculating that partnership with their assets in Texas follows similar deals that TCI is talking to Comcast Corp. about and Louisiana. some kind of east coast partnership.And ■ TCI is expected to contribute Jones Intercable Inc. chairman Glenn about 125,000 customers in Kentucky to TCI has cut with Adelphia Jones has said that he, too, has had pre- a joint venture with affiliate InterMedia liminary talks with TCI. Partners; the partnership would count and CableVISIOn. While The Washington Post reported 425,000 customers. June 25 that TCI wants to unload its "There's not one of these systems troubled Washington, D.C., operation we couldn't run ably over time," ■ that counts 95,000 subscribers,Hindery Hindery said. "But is it better for [TCI dismissed the notion. COO] Marvin Jones to fix the Bay area TCI's VP-mergers/acquisitions. "I will do the right thing by District [where TCI counts 1.5 million cus- Along with trying to consolidate op- Cablevision," he said. "But there is no tomers] or Redding, Calif. [which erations and reduce debt, the joint-ven- sales discussion, no term sheet, no serves some 36,000 subscribers]? It's a ture partnerships will let TCI be "pur- partners identified and no serious talks. fixed-cost undertaking, even though posefully responsive" to concerns on I'm committed to fixing [the system]." San Francisco is many times bigger Capitol Hill and at the FCC over the Fitzgerald pointed out that some than Redding." company's direct stakes in cable sys- markets are harder to consolidate than He continued: "Marc [Nathanson] is tems,according to Hindery. others, citing Los Angeles and Chicago, arguably one of the best operators of Indeed, while the 1992 Cable Act's given their size and fact that several classic systems in the nation. He can do ownership-concentration rules have MSOs operate in those regions. more for those systems than we can been stayed by the courts, some regula- While TCI would like to consolidate right now. You pick the guy who does tors have expressed concern about the Chicago market, where MediaOne, the job best" TCI's wide U.S. footprint. By taking mi- Prime Cable, Jones Intercable and nority stakes in new partnerships, TCI Ameritech operate, Fitzgerald said a Alan Breznick contributed to this report. June 30, 1997/ Cable World 511 c Falcon. FOR IMMEDIATE RELEASE June 8, 1998 Contact: Sue Densmore (541) 779-0097 Jeremy Bernard(310)474-6512 FALCON ANNOUNCES NEW TECHNOLOGY PLANS FOR ROGUE VALLEY Falcon Cable TV announced plans today to provide advanced telecommunications services to the customers served by TCI's cable systems in the Rogue Valley. Falcon will assume management of those systems following the finalization of its new partnership with TCI later this year. Once the franchise transfers are completed and the transaction with TCI is closed, Falcon plans to utilize a combination of digital and fiber technology that,through Falcon's close working relationship with local governments, utilities,and schools,will develop a video and data network to provide high-speed modems for consumers, schools, and businesses. "The new fiber optic communications system will contain the latest in cable technology and move the Rogue Valley into the next century at the forefront of advanced technology,"said Dan Bickford,TCI's General Manager. "The cable customers of the Rogue Valley will have the best of all worlds," said Falcon Chairman and CEO Marc Nathanson. "Our customers will have the latest in technology combined with the best programming options and local content delivered to their homes through advanced digital home terminal devices and high speed cable modems." Among the highlights of the proposed Falcon upgrade strategy will be the delivery of high speed intemet access to the local schools,providing those schools with cutting-edge access to the vast educational resources of the information age. Falcon will also bring Cable's"High Speed Education Connection"initiative to all Rogue Valley elementary and secondary schools passed by cable. "Falcon has been an industry leader for years in working with schools through programs like Cable in the Classroom,"said former Governor Neil Goldschmidt,a member of Falcon's Advisory Board. "High speed intemet access is the next logical step in this commitment, and it's going to give the Rogue Valley Schools a real head-start for the 21st Century." Along with the increase in programming choices(already started with TCI's recent introduction of Digital TV)and high speed access to the intemet, the new fiber system to be operated by Falcon will lessen intemet bottlenecks and allow subscribers sustainable redundant high-performance. The new system will also have an advanced set-top device along with its own navigator,which will allow for an easier convergence of the computer and the television set. According to Nathanson, "This will lead to more consumer choice and greater customer options." Falcon also announced that it would introduce a valuable teacher-training component to its"High Speed Education Connection"project free of charge to all participating schools. Cable's new"webTeacher" is a self-paced,on-line teacher training tutorial. It will ensure that teachers across the areas served by cable know how to use the intemet to effectively integrate advanced education technologies into America's classrooms. "A communications revolution is coming to Southern Oregon that will change every consumer's lives and vastly improve our ability to communicate, learn and teach. We applaud Falcon's initiative in the Rogue River Valley,"said Mike Dewey, Executive Director of the Oregon Cable Television Association. Nathanson summarized Falcon's position by saying, "Falcon will take full advantage of the highest national network standards,new technologies, and scale economics to fiercely compete and provide superior telecommunications services in the Rogue Valley." The standards that Falcon will follow are embodied in Multimedia Cable Networks System (MCNS)developed by the cable industry consortium sponsored by CableLabs. Upon completion of the transaction,Falcon Cable TV will serve over 200,000 customers in Oregon and over one million subscribers nationwide. Falcon is the second largest cable operator in Oregon and is 13th largest cable operator in the country. Q&A for Falcon's "Cable's High Speed Education Connection" Q: What is Cable's High Speed Education Connection? A: It's the cable industry's commitment to equip every consenting elementary and secondary school across the country passed by cable', in at least one site per school, with a cable modem providing high-speed basic access to the Internet —free of charge. Q: How will Cable's High Speed Education Connection be implemented? A: This initiative builds on the foundation established by the cable industry's commitment to Cable in the Classroom, which has wired more than 74,000 schools to cable. Beginning this year, cable companies are introducing advanced, high-speed digital technology and services to communities across the country. As such services are introduced, the cable system serving each community will ensure that every elementary and secondary school in that community passed by cable will be equipped, in at least one site per school, with a cable modem providing high-speed basic Internet access, for free. Q: What are the advantages of a cable modem? A: Cable modems give teachers and students access to information at unmatched speeds. Students will have the opportunity to "travel" to new places using real-time audio and video and interactive communication over the Internet. Cable modems employ state-of-the-art technology to provide lightning-fast, digital access to the Internet at a rate of 10,000 kilobits per second — hundreds of times faster than conventional telephone modems. Take, for instance, down-linking a picture of the Mona Lisa. Data that takes 1.4 hours to transfer over typical phone lines and 22 minutes over ISDN (advanced telephone technology) would take only 18 seconds via cable modem. Q: When will Cable's High Speed Education Connection begin? A: The cable industry began to deliver on its commitment to provide high-speed Internet access to America's schools in July 1996. Q: How is Falcon participating in Cable's High Speed Education Connection? A: As Falcon makes available advanced, high-speed, digital Internet access, services and products to business and residential customers, it will provide this advanced technology and high-speed services to the elementary and secondary schools in the Rogue Valley passed by cable, for free. Cable's High Speed Education Connection is the latest way in which Falcon is working to enhance the quality of education throughout our regions. Other Falcon educational programs include Cable in the Classroom, adopt a School, Mr. Wizards Science Tour. 'The cable industry commitment to provide a cable modem and access to the Internet to elementary and secondary schools is consistent with the criteria used to deploy Cable in the Classroom: consenting public and state-accredited private schools passed by cable. Falcon Q&A - Page 2 Q: When will all the schools be hooked up? A: Schools will be linked to the Internet as cable systems introduce advanced, high-speed digital technology and services to the communities they serve. Some cable systems are undergoing system rebuilds and upgrades that will allow the deployment of cable modems and Internet access this year. But because of the varying stages of rebuilds and readiness among cable systems across the country, it is impossible to identify a specific target date for completion of the project. Q: What will Cable in the Classroom's role be? A: Cable in the Classroom has been the centerpiece of the cable television industry's long standing commitment to education and is the foundation for this new initiative, building on the commitment that has resulted in more than 74,000 schools being connected to cable. In many cases, Cable in the Classroom will provide a natural bridge to the education community as cable systems deploy cable modems and provide high-speed digital services, and companies will incorporate the project under their Cable in the Classroom activities. In other cases, companies may "brand" the service differently. Q: Since the schools will be hooked up as high-speed services are rolled out in a community, won't rural and poor areas be left behind again? A: No, not at all. Cable systems around the country, serving both urban and rural markets, are beginning to introduce high-speed digital services via cable modems this year. Deployment of this advanced technology has not been limited to or focused on large urban areas. As a matter of fact, Falcon specializes in small and medium sized communities and is making this service available as it rolls out high-speed modems. Cable companies already have the core infrastructure in more than 74,000 schools as a result of the industry's Cable in the Classroom contribution of wiring, connection to cable and quality educational cable programming -- all reaching about 80 percent of students nationwide. Q: What does providing basic high-speed access to the Internet mean? A: By providing basic high-speed access to the Internet, Falcon will, free of charge, provide at least one cable modem per school passed by cable. Q: Many schools already have Internet access via phone lines. Why is this any better? A: Cable modems enable the user to access real-time audio and video interactive communications over the Internet. Cable modems give students and teachers faster access to information -- thus access to more information — by employing lightning-fast, digital access to the Internet at speeds hundreds of times faster than conventional phone lines. Take for instance, down-linking a document from the Library of Congress. Data that takes 1.4 hours to transfer over phone lines and 22 minutes over enhanced phone line connectivity (ISDN) takes only 18 seconds to download via cable modem. Falcon Q&A - Page 3 Q: One of the biggest challenges to incorporating technology in the classroom is the teachers' lack of familiarity or experience with using such technology. If they're not comfortable with it, they won't use it. So couldn't you have a lot of equipment gathering dust? A: Although teacher training has been an ongoing challenge, the proliferation of home personal computer use by students, coupled with the growing popularity of the Internet as an educational resource, now have many teachers seeking training so they can begin to incorporate this and other advanced technologies into their lesson plans. Q: Is the entire industry making this commitment or just the major companies? And how many schools will be reached eventually? A: This cable modem technology project has been embraced by the entire cable industry and represents yet another major step in the industry's long-standing commitment to education. Furthermore, cable's high-speed capabilities demonstrate yet another example of the industry's telecommunications leadership. All 74,000 schools in the country currently receiving Cable in the Classroom as a public service of the cable industry will receive access to the Internet via cable modem. Cable operators, program networks, and industry organizations, including CATA, CTPAA and Cable in the Classroom have offered their full support for the program. As a matter of fact, Falcon's CEO, Marc Nathanson is a Board Member of the National Cable TV Association, which designed this program. Falcon's President, Frank Intiso, is on the Board of both CATA and Cable in the Classroom. Q: Will costs of this commitment be passed on to customers? A: There will be no direct cost to customers as a result of this industry-wide initiative to build on the industry's commitment to education. The cable TV industry has made a powerful commitment to the American educational system and to America's children -- a commitment to give young people both access to information and the tools to evaluate and use information critically. The costs of this new education technology initiative will be borne by local cable operators as they introduce cable modems and Internet access within their franchise areas. Q: How much is the overall commitment worth? A: Building on the $420 million the industry already has invested in Cable in the Classroom, this initiative will raise the industry's commitment to education to well over $500 million, in addition to the many more millions of dollars individual companies have contributed to education through other company-specific initiatives. Determining a precise value for this initiative is difficult because of the individualized nature of the service. Q. What is a cable modem? A. A "cable modem" is a device that allows high-speed data access (such as to the Internet) via a cable TV network. A cable modem will typically have two connections, one to the cable wall outlet and the other to a computer (PC). Falcon Q&A - Page 4 Q. How fast is a cable modem? A. Cable modem speeds vary widely. In the downstream direction (from the network to the computer), speeds can be anywhere up to 36 Mbps (megabits or "million of bits" per second). Few computers are capable of connecting at such high speeds, so a more realistic number is 3 to 10 Mbps. In the upstream direction (from computer to network), speeds can be up to 10 Mbps. However, most modem producers will probably select a more optimum speed of between 200 Kbps (kilobits or "thousand of bits" per second) and 2 Mbps. Q. What services will be offered with a cable modem connection? A. The most popular service will undoubtedly be high speed Internet access. This will enable the typical array of Internet services at speeds of 100 to 1000 times faster than telephone modem. Other services may include access to streaming, full motion audio and video, local content (community information and services), access to CD-ROM servers, telecommunicating, educational and transactional services, and a wide variety of to be determined services. - 30 - 1 1 1 TELECOMMUNICATIONS BUSINESS PLAN REVISED FINANCIAL PROJECTIONS City of Ashland Department of Electric Utilities 1 TELECOMMUNICATIONS BUSINESS PLAN REVISED FINANCIAL PROJECTIONS ' City of Ashland Department of Electric Utilities TABLE OF CONTENTS ' Section 1 EXECUTIVE SUMMARY t Section 2 SCENARIOS INPUT ASSUMPTIONS Section 3 SCENARIOS RESULTS ' APPENDIX A: DETAILED FINANCIAL PRO FORMAS & INPUT ASSUMPTIONS SCENARIO 1 APPENDIX B: DETAILED FINANCIAL PRO FORMAS & INPUT ASSUMPTIONS SCENARIO 2 This report has been prepared for the use of the client for the specific purposes identified in the report The conclusions, observations and recommendations contained herein attributed to ' R.W. Beds, Inc. (R.W. Beck) constitute the opinions of R. W. Beck. To the extent that statements, information and opinions provided by the client or others have been used in the preparation of this report, R.W. Beck has relied upon the same to be accurate, and for which ' no assurances are intended and no representations or warranties are made. R.W. Beck makes no certification and gives no assurances except as explicitly set forth in this report. Copyright 1998, R.W. Beck, Inc. ' All rights reserved. 1 1354111-00191-10101-0101 06111198 Draft Section 1 , EXECUTIVE SUMMARY 1 This document has been prepared at the request of the City of Ashland to provide a more ' comprehensive assessment of the potential financial implications of the City implementing the Ashland Fiber Network(AFN) as described in the Telecommunications Business Plan previously provided to the City Council. ' In completing this assignment,we evaluated the following two scenarios: • Scenario 1: Falcon Cable Assumptions ' Scenario 1 was developed in response to concerns raised by Falcon Cable. Falcon provided input regarding saturation rates,prices, and various other assumptions made ' in the original plan developed by the City of Ashland, 'and this input was incorporated into Scenario 1. Additionally, certain changes were made to "clean up" some of the input assumptions from the City's original projections. These ' additional changes did not, however, change the general nature of the assumptions used by the City in its initial financial pro formas. • Scenario 2: Most Likely Case ' Scenario 2 is the most likely scenario. The assumptions used were generally somewhere in between those in the City's original projections and those in Scenario 1 described above, and are considered to be the most realistic. A summary of the input assumptions for each of these two scenarios is provided in Section 2. In Section 3,a summary of the results of the two scenarios is provided. t Appendix A provides the detailed financial pro formas and delineation of the input assumptions used in Scenario 1. Appendix B provides the detailed financial pro formas and delineation of the input assumptions used in Scenario 2. , 1 t 06111198 Draft ' Section 2 SCENARIOS INPUT ASSUMPTIONS 1 ' The purpose of this section is to summarize the input assumptions used in each of the two scenarios. ' SCENARIO 1: FALCON CABLE ASSUMPTIONS The first category of changes relates to miscellaneous adjustments made to clean up the ' City's original analysis. This category of input assumption changes included the following: ' ■ Cable TV pay-per-view (PPV) new purchases were revised slightly downward, reflecting the average number of basic subscribers rather than ending number of basic subscribers for each year. ' ■ Installation fees for other services (e.g., intemet service and dark fiber lease) were revised upward for years 2-10 to reflect inflation. ' ■ The line crew-related expenditures associated with the initial build-out of the network in years 1 and 2 were capitalized. Line crew-related expenditures in subsequent years remain as operating expenses but reflect a reduction in the level of line crew personnel required. ■ Field installation personnel and a head-end technician were added. ' ■ Field sales and intemet service provider(ISP)personnel were reduced. ■ The amount of time marketing and support staff devoted to AFN was reduced. ' ■ Service trucks and the gas and maintenance associated with them were capitalized for the first 2 years and were reduced from one to one-half (full-time equivalent) thereafter,remaining as an operating expense. ' ■ The number of other vehicles was increased while the per unit cost of these vehicles was reduced to reflect projected lease rates. ' ■ Gas and maintenance expenses were increased at the rate of inflation in years 2 through 10. ■ A peg fee was added to operating expenses. ■ Marketing and advertising costs were reduced in year 1, increased in years 2 and 3, and reduced in subsequent years to better reflect expectations. ■ The annual centralized service fee, which includes customer billing-related expenses, was increased to $150,000. ■ System operations and maintenance (O&M) and T-3 connectivity expenses were ' increased in years 2 through 10 to reflect inflation. 06111198 Draft SCENARIOS INPUT ASSUMPTIONS ' ■ Expenses related to outside contractors, to help meet peak build-out installation , i activity,were added in years 1 and 2 as a capital expenditure. ' ■ The cost of set-top boxes was capitalized. The second category of changes relates directly to the assertions made by Falcon Cable in , its analysis of the City's original projections. This category of changes include the following: ' • Interest to cover annual cash flow shortfalls was included. • Cable TV-related penetration rates (e.g., basic, expanded, premium, PPV, and ' analog/digital decoders) were reduced in accord with Falcon Cable's claimed penetration rates. • The subscriber rate for premium service was reduced to match Falcon Cable's ' claimed average rate for this service. • The rent for digital decoders rent was reduced to the rate proffered by Falcon Cable ' for advanced analog converters. • Total penetration of residential intemet service (through both AFN and local ISPs) was set at 21%of residences passed per Falcon Cable's projection. ' • The rates for residential intemet service (both through AFN and local ISPs) were reduced based on Falcon Cable's projected rates and were not adjusted for inflation ' in years 2-10. • Marketing and advertising costs were increased in years 3-10 based on Falcon Cable's estimate of churn-related expenses. ' • Insurance for plant and head-end equipment was added to operating expenses based on Falcon Cable's estimate of these insurance costs. ' • Bad debt expenses were added at 1%of revenues. • Programming expense rates for basic service -and expanded basic service were , escalated at 10% inflation for years 2-10 based on Falcon Cable's projection. • Capital expenditures of$40,000 ($48,000 with 20%contingency)per year in years 3- 10 were added for costs associated with connecting new customers. ' SCENARIO 2: MOST LIKELY CASE ' The input assumptions in Scenario 2 differ from those in Scenario 1 in the following ways: • The interest rate on long-term debt was reduced to 5.25% based upon City , discussions with potential sources of financing. • The penetration rate for basic cable TV service was set equal to 50% of a CATV ' penetration rate of 72%, which is slightly higher than the existing 68% penetration 1 06111198 Draft R. W. Beck 2-2 ' ' SCENARIOS INPUTASSUMPTIONS ' according to the City's own market research; based upon the expectation that penetration will increase due to enhanced technology and lower costs. ' ■ The penetration rate for expanded basic service was set equal to 90% of basic subscribers which is higher than Falcon's assumption, again based upon the ' expectation that penetration will increase as a result of improved technology and lower costs. ■ The penetration rate for premium service is higher than Falcon's input, based upon ' projections by Donaldson,Lufkin& Jenrette (DLJ). ■ PPV purchases were increased significantly to reflect digital experience elsewhere ' and based upon projections by DLJ and others. ■ The penetration rates for analog devices and digital decoders were revised based in part on projections by DLJ and expected consumer demand for digital-enabled services. ■ The rate for premium CATV service was increased based on a DLJ projection but ' was not increased with inflation. ■ Revenues from CATV advertising and other CATV-related services (e.g., shopping channel commissions, programming guides, digital music, etc.) were added to trevenue projections. ■ It was assumed that the City will not provide intemet service itself, therefore the associated revenues were removed. ■ Residential intemet service penetration by local ISPs is assumed to grow from 50% to 60%of residences passed to reflect expected growth in intemet usage. ' ■ The monthly rate for residential intemet service through a local ISP was set equal to one-third of a combination of standard intemet service($25 per month)and enhanced ' intemet service (at $45 per month), weighted by 25% and 75% respectively. The rates for residential and business intemet service through an intemet service provider were not escalated with inflation. ' ■ The installation charge for businesses and residential intemet connections was increased to $75 per customer, based upon experience elsewhere for enhanced intemet service. ■ Expenses associated with AFN ISP personnel were eliminated based upon assumption that the City would not become an ISP. ' ■ Marketing and advertising costs were increased in years 3-10, relative to the City's original projections, to reflect expected customer churn; the increase, however, was less than that in Scenario 1. ' ■ The annual centralized service fee was set at $100,000 in year 1, consistent with the City's original projection, then increased to $125,000 in year 2, escalating by ' inflation thereafter. ■ Expenses associated with CATV advertising and other CATV-related services, set at 50%of these revenues,were included based on DLJ projections. ' 06111198 Draft R. W. Beck 2-3 SCENARIOS INPUT ASSUMPTIONS , ■ Capital expenditures of$25,000($30,000 with 20% contingency)per year in years 3- ' 10 were added for costs associated with connecting new customers. This is less than ' the amount added in Scenario 1 and is based on the City's estimate of the costs that will be incurred to connect new customers. ■ For depreciation purposes, the service lives for office furniture and fixtures, ' technician tools and equipment, and construction tools and equipment were increased to reflect more accurate projections. I 1 06111198 Draft R. W. Beck 2-4 , SCENARIOS INPUT ASSUMPTIONS Table 1: Summary of Assumptions for Scenarios 1-2 ' Scenario 1 Scenario 2 Borrowings $5,582,192 $5,574,392 ' Total Residential Passings (Year 2) 8,120 8,120 CAN Saturation Rates ' Basic Service (%RP) 30.0% 36.0% Resulting Year 2 Basic CAN Subscribers 2,436 2,923 Disconnects (%BS) 1.0% 1.0% ' Expanded Basic (%BS) 83.0% 90.0% Premium (%BS) 69.0% 85.0% Pay Per View (%BS) 16.5% 90.0% ' Additional Sets (%BS) 0.0% 0.0% Analog Devices Needed (%BS) 0.0% 5.0% Digital Decoders Needed (%BS) 75.0% 85.0% CAN Subscriber Rates (Year 1) Basic $8.82 $8.82 ' Expanded Basic (Incremental to Basic Rate) $14.68 $14.68 Premium (Average) $4.00 $8.36 Pay Per View (Average) $4.00 $4.00 ' Additional Sets $0.30 $0.30 Analog Devices Rent $3.00 $3.00 Digital Decoders Rent $3.00 $6.50 ' Installation - Basic $20.00 $20.00 Installation -Additional Sets $5.00 $5.00 t Business Internet -AFN Subscribers Year 5 113 0 Initial Monthly Rate $52 $0 ' Residential Internet- AFN Subscribers Year 5 356 0 Initial Monthly Rate $25 $0 ' Business Internet- Local ISP Subscribers Year 5 451 451 Initial Monthly Rate $17 $15 Residential Internet - Local ISP Subscribers Year 5 1,425 4,749 Initial Monthly Rate $8.33 $13.33 ' Utility Operational Savings (10-Year Totals) $570,000 $570,000 Other City Operational Savings (10-Year Totals) $270,000 $270,000 ' 06111198 Draft R. W. Beck 2-5 Section 3 ' SCENARIOS RESULTS The purpose of this section is to summarize the results of each of the five scenarios. In Scenario 1, Falcon Cable Assumptions, net income remains negative throughout the , 10 years. Annual cash flow and ending reserve cash are also negative throughout the period. Initial borrowing is $5.6 million and is paid off by the end of the 10-year period. Cable TV revenues account for 53% of total revenues and operational savings. Operating expenses ' increase significantly between years 1 and 2, then raise slightly throughout the remainder of the 10-year period. t In Scenario 2, Most Likely Case, net income is positive in years 4-10 and for the 10-year period. Annual cash flow is negative in years 2 and 3; positive in year 1 and in years 4-10. ' Ending reserve cash is negative in years 2-6; positive in year 1 and in years 7-10. Initial borrowing is $5.6 million and is paid off by the end of the 10-year period as in Scenario 1. Cable TV revenues are slightly less that twice the Scenario 1 levels, showing steady growth ' throughout the 10-year period. Other revenues are also slightly less than twice the Scenario 1 levels. Operating expenses are slightly more than in Scenario 1. Capital expenditures and depreciation are essentially the same as in Scenario 1. ' 06111198 Draft SCENARIOS RESULTS ' Table 2: Summary of Results for Scenarios 1-2 ' Scenario 1: Falcon Cable Assumptions Year 1 Year 5 Year 10 Subtotals Net Income(Loss) ($1,060,448) ($825,067) ($1,165,412) ($10,126,364) Annual Cash Flow 963,001 (1,057,678) (1,695,863) ' Ending Reserve Cash (Cumulative Cash Flow) 963,001 (5,501,594) (12,647,715) Bond Debt Average Balance 5,370,437 3,462,165 357,755 Total CAN Revenue 0 906,206 1,100,559 8,169,333 ' Total Other Revenue/Savings 0 881,197 954,747 7,192,084 Total Operating Expenses 526,670 1,763,005 2,278,616 17,462,204 Total Capital Expenditures 3,334,080 57,000 57,000 5,582,192 Scenario 2: Most Likely Case ' Year 1 Year 5 Year 10 Subtotals Net Income (Loss) ($942,196) $523,437 $1,223,954 $4,799,960 ' Annual Cash Flow • 1,052,442 310,991 734,062 Ending Reserve Cash (Cumulative Cash Flow) 1,052,442 (645,187) 2,377,975 Bond Debt Average Balance 5,355,370 3,410,571 347,126 Total CAN Revenue 0 1,698,580 2,068,948 15,294,455 Total Other Revenue/Savings 0 1,418,469 1,699,567 13,165,186 Total Operating Expenses 457,170 1,977,187 2,361,587 18,786,196 ' Total Capital Expenditures 3,334,080 40,800 40,800 5,574,392 t 06111198 Draft R. 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S S S N S m OYf N O o N O O S S N S S S pO 00000 S M O O V 0 - d M N N S Y-OL N S 0 0O O O N N O O O OO O O- N o N O O O N O N N N b O W0 N y N N N N N N M N N m ♦ r N N�N H N Cj N N N N M N 1 N 1 E N a a $° 1 a19 _ j W �y E 2 ° O m' N -2 m .En c @ LD 1 H m U m o N E W W f q� E o ami SS �j m {sod u M n N LL EESi .� .wq 3 c m '6 as fan WV �3 a � m c a8m @ffiS1- W to ��¢$qqq y N_ J =m 2 W m U E E 'cC m n cg @ m c o 1 a0i Q x23 c4� Ji F- V 8 U! 1 . � � � � � E § IK « Z ) 25 28 ! am \ mmjj � � r " ( # LL ki7L !\w\wf/ � / {B ` ! f ! 3! | �� ; k ) : {k}! {� | | � � 1 ' Appendix B DETAILED FINANCIAL PRO FORMAS & INPUT ASSUMPTIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . � ® §■■ ; ■ ) I `■# i $ R ;,■ ! ■ R � - � . \ , Z -j K 7 ¥ | - IL0 ! ƒ IL ; -- m0 §#R # § # } � 0 k |!! § | § ##m | ■ k � |!■ § | ® � ; §#■ § § " ©(R k K # | � © � � 2 # #■ ■; � � » §a ## #5 ■} ! 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Sources for the definitions and material include the Bonneville Power Administration, Northwest Power Planning Council, Oregon Public Utility Commission, PacifiCorp, Portland General Electric, and the National Council on Competition and the Electric Industry. AGGREGATOR: An entity that combines BONNEVILLE POWER customers into a buying group for the purchase ADMINISTRATION(BPA): One of five of electricity. In today's market, investor-owned federal power marketing agencies. Responsible utilities, municipal electric utilities,rural electric for marketing wholesale electric power from cooperatives, and peoples' utility districts federal dams and one non-federal nuclear plant perform this function. In a restructured power throughout Oregon, Washington, Idaho and market, other entities, such as brokers and buyer western Montana, as well as portions of several cooperatives,could perform this function. other states. The Northwest Power Act of 1980 charges BPA with other duties, including ANCILLARY SERVICES: Services which are pursuing conservation, acquiring sufficient necessary or incidental to the transmission and resources to meet its contract obligations,and delivery of power from generating facilities to mitigating fish and wildlife impacts of the federal retail electric customers, including, but not dams. limited to, scheduling,voltage control, and energy balancing services. BROKERS: A retail agent who buys and sells power;does not take title to the power. The AVERAGE MEGAWATT(aMW): A unit of agent also may aggregate customers and arrange energy output over a year. Equivalent to the for transmission, firming and other ancillary energy produced by the continuous operation of services as needed. 1 megawatt of capacity over a period of one year (equivalent to 8,760 megawatt-hours or BULK POWER SUPPLY: Often used 8,760,000 kilowatt-hours). interchangeably with wholesale power supply. In broader terms, refers to the aggregate of AVERAGE SYSTEM COST: The revenue electric generating plants,transmission lines,and requirement of a utility divided by the utility's related equipment of one electric utility or group sales. Typically includes the costs of existing of utilities. power plants,transmission and distribution lines, and other facilities used by a utility to serve its CAPTIVE CUSTOMER: Customer who does customers. not have realistic alternatives to buying power from the local utility, even if that customer has AVOIDED COSTS: The costs an electric utility the right to buy from competitors. would otherwise incur to generate power if it did not purchase electricity from another source. CERTIFICATION: Process of granting permission to do business or to sell a particular BILATERAL AGREEMENTS: A direct product. Device states can use to enforce contract between two parties for the purchase of standards of conduct and quality on competitive electricity, for example between the power suppliers, on pain of penalties including civil producer and user or broker, in contrast to fines, suspension of certification, and revocation purchases from a centralized power pool or of certification to do business. Similar to POOLCO. licensure. DEFAULT SUPPLIER: Entity offering COB (California-Oregon border): The point electricity service to customers who do not where the AC Intertie crosses the California- choose to select an alternate supplier or provider Oregon border. It is a highly active point for of electricity in the competitive market; could be electricity transactions and is one of the pricing the distribution utility or another locations for the NYMEX electric futures supplier/provider. contracts. DEMAND CHARGE: Fee based on the peak COMPETITIVE TRANSITION CHARGE amount of electricity used during the billing (CTC): A "non-bypassable"charge generally cycle. Residential customers generally are not placed on distribution services to recover utility levied a demand charge. costs(such as stranded costs) incurred as a result of restructuring and not recoverable in other DEMAND SIDE MANAGEMENT: Strategies ways. for reducing,redistributing, shifting or shaping electrical loads. Examples include conservation COMPREHENSIVE REVIEW OF THE measures, rate incentives for shifting peak loads, NORTHWEST POWER SYSTEM: A four- more effective controls,and energy storage state review of the Northwest's electricity system schemes. convened by the governors of Oregon, Washington,Idaho and Montana in 1996. A 20- DESIGNATED SERVICE TERRITORY: person Steering Committee led the year-long Specific geographical service area allocated to a process which produced recommendations on single utility. the future of BPA, consumer choice, transmission, conservation, renewable resources, DIRECT ACCESS: Ability of a retail customer and public purposes of the federal system. Also to purchase the generation commodity of referred to as the"Regional Review". electricity directly from an entity other than the local utility. (Also see"customer choice", "open CONSUMER-OWNED UTILITIES: Term access",and"retail wheeling".) describing municipal electric utilities,electric cooperatives, and peoples' utility districts. They DIRECT SERVICE INDUSTRY(DSI): are non-profit, locally-owned and governed by Industrial customers, primarily aluminum boards or commissions. Also referred to as smelters, that buy power directly from BPA. "public" utilities. DISAGGREGATION OF UTILITIES: CORE CUSTOMERS: Customers such as Separation of various functions, such as residential and low-income households that may generation, transmission, distribution, and energy find it difficult to deal for themselves in a services, of vertically-integrated electric utilities. competitive retail market and that may need (Also see"divestiture".) .. assurances that electricity will be provided to them. DISTRIBUTION: Delivery of electricity to the retail customer's home or business through low CUSTOMER CHOICE: The ability of voltage distribution lines. electricity consumers to choose the company from which they purchase electricity and related DISTRIBUTION-ONLY UTILITY (DISCO): services. Also refers to the process of moving A utility that owns and maintains distribution the electricity industry from a monopoly industry facilities connecting the transmission grid to the to a competitive industry. (Also see"direct final customer. Could perform other services access", "open access", and"retail wheeling".) such as aggregating customers, metering and 2 billing customers. Sometimes referred to as a FEDERAL COLUMBIA RIVER POWER "wires"company or a"disco". SYSTEM: Transmission system constructed and operated by BPA and the hydroelectric dams DIVESTITURE: Stripping off of one utility constructed and operated by the U.S. Army function from the others,(such as generation Corps of Engineers and the Bureau of from distribution)or in some way changing the Reclamation. Each entity is separately managed ownership of the assets related to that function. and financed, but the facilities are operated as an integrated power system. EMBEDDED COSTS: Capital investment already made or spent. FEDERAL ENERGY REGULATORY COMMISSION(FERC): Federal agency that END-USE CONSUMER: An ultimate user of regulates interstate aspects of electric and natural electricity for specific purposes such as heating, gas industries and reviews hydroelectric projects lighting,running equipment. May or may not be and applications for operating licenses. Federal identical with party billed by a utility.(For counterpart to state utility regulatory example, a commercial building owner may be commissions. billed for electricity use in a single building with many independent shops) FIRM ENERGY: Electric energy which is intended to have assured availability to the ENERGY SERVICE CHARGE: Financing customer to meet all or any agreed upon portion mechanism for conservation programs. Also of load requirements. referred to as a"systems benefit charge"or an "energy efficiency charge". FOSSIL FUELS: Any naturally occurring organic fuel, such as petroleum,coal,and natural ENERGY SERVICE PROVIDER(ESP): A gas burned to generate energy. company that sells energy and provides other competitive energy related services to end-users FUTURES MARKET: Arrangement through a in a competitive market. contract for delivery of a commodity at a future time and at a price specified at the time of EPAct: Energy Policy Act of 1992. Eased entry purchase. Price is based on an auction or market into the wholesale generation business. Gave basis. FERC the ability to require owners of transmission systems to provide access to others GENERATION COMPANY(GENCO): A wishing to use the transmission system,and regulated or non-regulated entity that operates created a class of wholesale generators that are and maintains existing generating plants. May exempt from the legal and financial requirements own the plants or interact with the short-term of the Public Utilities Holding Company Act of market on behalf of plant owners. 1935. GREEN MARKETS: Sale and purchase of ESCO: Energy or efficiency services company power from renewable or otherwise that offers to reduce a client's electricity environmentally desirable resources and consumption with the cost savings being split efficiency services. with the client. HYDROPOWER(Hydroelectric power): The FEDERAL BASE SYSTEM: The resources generation of electricity using falling water to BPA uses to serve the firm energy loads of its turn turbo-electric generators. customers,consisting of the Federal Columbia River Power System hydroelectric projects and INCUMBENT UTILITY: The utility that has a resources acquired by BPA under long-term monopoly franchise to provide energy to all contracts. customers within a specified service territory. 3 J INDEPENDENT SYSTEM OPERATOR LOAD SHAPE: Energy consumption pattern of (ISO): Impartial operator of a transmission grid a customer or customer group over a defined performing such functions as economic dispatch time period. of generation, responding to outage emergencies and performing energy imbalance resolution; LOCAL DISTRIBUTION COMPANY: Entity does not own transmission assets itself. that will continue to own and operate the poles and wires that bring electricity from high-voltage INDEPENDENT POWER PRODUCER transmission lines to homes and businesses. (IPP): Entity other than a utility which develops i energy facilities. MARGINAL COST: Cost of producing or saving the last unit of energy. INTEGRATED RESOURCE PLANNING: Planning process that includes a comprehensive MARKET-BASED PRICE: Price set by the evaluation of supply(generation)and demand- mutual decisions of many buyers and sellers in a side resources with the objective of meeting competitive market. electricity needs at the lowest total cost(utility, customer, consumer cost,and quantifiable MARKETER: Entity that buys and sells power environmental costs)and acceptable risk. Long- and energy services. Takes title to the power; term strategies are identified; short-tent action or may or may not own generation facilities. implementation plan is included. MEGAWATT: Electrical unit of power which INTERRUPTIBLE POWER: Power that by equals 1 million watts or 1,000 kilowatts. contract can be interrupted in the event of a power deficiency. MILL: A tenth of one cent. The cost of electricity is often given in mills per kilowatt- INTERTIE: High-voltage transmission lines hour. connecting regional electricity systems. MUNICIPALIZATION: Process by which a INVESTOR-OWNED UTILITY(IOU): municipal entity assumes responsibility for Utility which is organized under state law as a supplying utility service to its constituents. May corporation to provide electric power service and generate and distribute the power or purchase earn a profit for its stockholders. wholesale power from other generators and distribute it. KILOWATT(kW): Electrical unit of power which equals 1,000 watts. NON-BYPASSABLE CHARGE: Any of a number of charges that would apply to all end- KILOWATT-HOUR(kWh): Common unit of users of electricity, and could not be bypassed electric energy equal to 1 kilowatt of power except by totally disconnecting from the grid.- supplied to or taken from an electric circuit for I hour. Customers are charged a rate per kWh of NOPR:Notice of Proposed Rulemaking in electricity used. FERC parlance. LEAST-COST PLANNING: Method of NORTHWEST POWER PLANNING meeting future energy needs by acquiring the COUNCIL: An eight-member council lowest cost resources first, taking into account all established by the Northwest Power Act of 1980. possible means of meeting energy needs and all made up of two voting representatives from the resource costs, including construction, operation, four Northwest states- Oregon, Washington, transmission, distribution, fuel, waste disposal, Idaho and Montana. Charged with planning for end-of-cycle, consumer, and environmental power resources and enhancement of fish and costs. wildlife resources in the region. 4 NYMEX: The New York Mercantile Exchange, generally to energy conservation, low-income one of several commodity futures exchanges. energy services, and development of renewable The NYMEX is where most of the energy resources. contracts are traded, including COB electricity contracts. PUBLIC UTILITIES HOLDING COMPANY ACT(PUCHCA): 1935 federal law which seeks OBLIGATION TO SERVE: Requirement to control and limit the powers of large, national placed on a utility to provide electricity to all holding companies. customers within its service territory. PUBLIC UTII.ITY REGULATORY OPEN ACCESS: Ability of a retail customer to POLICIES ACT OF 1978 (PURPA): Federal purchase the generation commodity of electricity legislation that requires utilities to purchase directly from an entity other than the local utility. electricity from qualified independent power (Also see"customer choice","direct access",and producers at a price that reflects what the utilities "retail wheeling".) would have to pay for the construction of new generating resources. The act was designed to PEAK LOAD OR PEAK DEMAND: Electric encourage development of small-scale load that corresponds to a maximum level of cogeneration and renewable resources. electric demand in a specified time period. REAL-TIME METERING: The instantaneous PORTFOLIO ACCESS: End-use customers metering of energy as it is demanded by the given the ability to choose from a menu of customer. pricing and product offerings(for example- standard or market prices,and green products). REAL-TIME PRICING: The purchase of Viewed as a way to begin a phased transition to energy at cost for that hour of time. For direct access for residential and small example,energy prices may be higher during the commercial customers. Distribution company or day,when demand is higher,than at night. other entity may manage the portfolio. Allows customers to manage their energy bill by switching the use of appliances and machinery POWER POOL: Two or more electric systems which require large amounts of energy to operate interconnected and coordinated to supply power. to a time of day when the cost of energy is lower. Under restructuring, referred to as a"poolco" into which all generators would deliver REGIONAL REVIEW' Short name for the electricity and from which users would purchase Comprehensive Review of the Northwest Power electricity. System. PROVIDER/SUPPLIER OF LAST RELIABILITY: The degree to which an RESORT: In a restructured electricity industry, electrical system can deliver power supplies to an electricity provider, supplier or utility charged customers at contract specifications or acceptable with providing electricity for customers choosing regulatory standards. Adequacy and security of not to enter the retail market themselves. supply are the two main components. PUBLIC PURPOSES: Purposes of the Federal RENEWABLE RESOURCES: Resources - Columbia River Power System beyond that of whose energy source is not permanently used up providing power to its customers at cost; includes in generating electricity. In the Northwest Power cost transfers, such as reduced rates for irrigation Act, resources that use solar, wind, hydro, and low-density rural customers, the residential geothermal, biomass or similar sources of energy exchange, conservation, activities to encourage and that are used either for generating electric renewable resource development, and research, power or for reducing electric power development and demonstration. Also, refers requirements of a customer. 5 RESIDENTIAL EXCHANGE PROGRAM: and demand side management. (Also see The arrangement, based on the Northwest Power "transition costs".) Act, whereby regional utilities sold BPA an amount of power equal to their residential and STRANDED OBLIGATIONS: The revenues, small-farm load at their average system cost, in taxes, and fees for federal, state,and local exchange for federal electric power,and passed governments that would be lost by changes in on the cost benefits to their residential and small- contracts,valuations,and revenue policies. farm customers in the form of lower retail rates. SYSTEM BENEFITS CHARGE: A funding RETAIL WHEELING: Ability of retail mechanism(non-bypassable charge) for customers of electricity to purchase their providing public purposes such as conservation, electricity directly from a supplier and to have development of renewable resources,or the purchase delivered to them by a distribution assistance to low-income households. company. (Also see"customer choice","direct access",and"open access".) TARIFF: Publicly available schedules that detail a utility's rates, rules, service territory, and SECURITIZATION: Way of financing terms of service that are filed for official recovery of past electric utility investments,or approval with a regulatory agency, such as the stranded costs. Involves an up-front payment to Oregon Public Utility Commission. utilities from the proceeds of a bond sale to cover the cost of past investments. Bonds are retired TIME-OF-USE RATES: Pricing of electricity with revenue stream from competitive transition based on the estimated cost of electricity during a charges. particular time block. Usually divided into three or four time blocks per 24-hour period and by SLAMMING: Moving customers to new or seasons of the year. different providers/suppliers without the customer's consent. TRANSITION COSTS: The difference between(a)costs for products and services from SPOT MARKETS: Venues in which purchases the existing utility assets, contracts, and services and sales, as of electricity, are made by a large included in the utility's cost of service for the number of buyers and sellers, with new purposes of meeting its obligations to serve and transactions being made continuously or at very (b)the market price for those products and frequent intervals. services. (Also see"stranded costs".) STRANDED BENEFITS: Public interest TRANSMISSION: An interconnected group of programs and goals which could be lines and associated equipment for the movement compromised or abandoned by a competitive or transfer of electricity between points of supply retail market for electric services. These might and points at which it is transformed for - include environmental protection, fuel diversity, distribution to customers or is delivered to other energy efficiency,and low-income ratepayer electric systems. assistance. UNBUNDLING: Disaggregating electric service STRANDED COSTS: Utility investments (generation,transmission and distribution) into whose costs were incurred pursuant to a its basic components and offering each - regulatory or contractual obligation and which component separately for sale with separate rates customers remaining with the utility or utility for each component. Customers bills may be shareholders may have to pick up. May include "unbundled"to show each discrete service such investments as capital costs for long-term charge, fee, or tax. infrastructure investments(nuclear, for example) 6 UNIVERSAL SERVICE: Electric service ACRONYMS available to all members of the population, regardless of income. Availability comprises APPA: American Public Power Association both physical availability and the concept of BPA: Bonneville Power Administration affordability. COB: California-Oregon border COU: Consumer-owned utility VERTICALLY-INTEGRATED UTILITY: CT: Combustion turbine Traditional utility offering generation, CTC: Competitive transition charge transmission, and distribution of electricity. CUB: Citizens Utility Board of Oregon DSI: Direct service industry VOLUMETRIC WIRES CHARGE: Type of EPAct: Energy Policy Act of 1992 charge for using the transmission and/or ESP: Energy service provider distribution system that is based on the volume FERC: Federal Energy Regulatory of electricity which is transmitted. Commission ICNU: Industrial Customers of Northwest WHEELING: Use of transmission or Utilities distribution facilities of one system to transmit or IOU: Investor-owned utility distribute power from one system to another. IPP: Independent power producer NCAC:Northwest Conservation Act WHOLESALE POWER: Energy bought and Coalition sold in bulk for eventual resale to end-use OMEU: Oregon Municipal Electric Utilities customers. OPUDA: Oregon People's Utility District Association WHOLESALE POWER MARKET: Purchase ORECA: Oregon Rural Electric Cooperative and sale of electricity from generators to resellers Association who sell to retail customers. PGE: Portland General Electric PPC: Public Power Council WIRES CHARGE: Term referring to charges PUC: Public Utility Commission levied on power suppliers or their customers for PUCHA: Public Utilities Holding Company the use of transmission or distribution wires. Act PUD: People's Utility District League of Oregon Cities PURPA: Public Utility Regulatory Policies May, 1998 Act WPPSS: Washington Public Power Supply System WUTC: Washington Utilities and Transportation Commission WSCC: Western Systems Coordinating Council 7 City Council Communication June 16, 1998 Submitted by: Dick Wanderscheid Approved by: Paul Nolt `7 Approved by: Mike Freeman Title: Second reading by title only of"An Ordinance Amending Section 9.08.060.J of the Ashland Municipal Code Relating to Trackout Restrictions." Synopsis: At the request of ODEQ, the City of Ashland developed a trackout ordinance based on the model trackout ordinance. A public hearing was held on the ordinance on May 19, 1998. First reading was done on June 2, 1998 Recommendation: Staff recommends adoption of the ordinance. Background Information: This action is part of the Air Quality State Implementation Plan (SIP) which will be forwarded to EPA for approval. A letter from the mayor recommending strengthening certain areas of the SIP will be presented to ODEQ at the public hearing on the SIP on June 16`" in Medford. City Council Communication June 16, 1998 Submitted by: Dick Wanderscheid� Approved by: Paul Nolte Approved by: Mike FreemanAA" .Title: Second reading by title only of"An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating Ordinance and Repealing Ordinance No. 2555." Synopsis: At the request of ODEQ, the City of Ashland developed a woodstove curtailment ordinance based on the model ordinance. A public hearing was held on the ordinance on May 19, 1998. First reading was done on June 2, 1998. Recommendation: Staff recommends adoption of the ordinance. Background Information: This action is part of the Air Quality State Implementation Plan which will be forwarded to EPA for approval. A letter from the mayor recommending strengthening certain areas of the SIP will be presented to ODEQ at the public hearing on the SIP on June 16' in Medford. City Council Communication June 16, 1998 Submitted by: John McLaughlin Approved by: Mike Freeman/14F- /// Title: Adoption of resolution forwarding the nomination that would place the Ashland Railroad District on the National Register of Historic Places. Synopsis: The Ashland Historic Commission and Ashland Planning Commission have held public meetings on the nomination of the Railroad-District-for-National Register status. This effort has been funded, in part, by the State Historic Preservation Office, and is carried out to implement not only statewide planning goals, but also Policy 5 of Chapter I of the Ashland Comprehensive Plan regarding Historic resources. This policy states: The Historic Commission shall seek the official designation of important historic buildings and districts by national, state and local organizations. The Commission shall assist the Planning Staff and Planning Commission in exercising appropriate controls on the external appearance and disposition of such buildings and districts. All affected property owners within the district have been notified of this council meeting. Approximately 300 notifications were sent for this and previous meetings. Neighborhood response from previous meetings has been very positive, with the exception of one resident. Recommendation: The Planning Commission and Historic Commission have unanimously voted to recommend the Council adopt by resolution the nomination, and forward the resolution to the State Historic Preservation Office. Background Information: See attached memo and submitted information included in the record. The goal of the project is to successfully list the Railroad District on the National Register as an aid to preserving its unique character and encouraging appropriate development and restoration of the district's structures. National Register status would add to the formal recognition of the Railroad District as a special segment of our community. This special status will provide additional ability to manage the growth and development of the Railroad District under Ashland's historic preservation programs and enable area property owners to secure financial benefits from certain federal and state programs that can promote appropriate renovation efforts. RESOLUTION NO. 98- A RESOLUTION TO FORWARD THE NOMINATION OF THE ASHLAND RAILROAD ADDITION HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES TO THE STATE HISTORIC PRESERVATION OFFICE. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A. The Historic Commission and Planning Commission have unanimously recommended approval of the Ashland Railroad Addition Historic District to be placed on the National Register of Historic Places. B. The listing of the Railroad Addition Historic District complies with Ashland Comprehensive Plan policy 1-5, which states: - "The Historic Commission shall seek the official designation of important historic buildings and districts by national, state and local organizations. The Commission shall assist the Planning Staff and Planning Commission in exercising appropriate controls on the external appearance and disposition of such buildings and districts." SECTION 2. The City of Ashland resolves as follows: That the nomination to place the Ashland Railroad Addition Historic District on the National Register of Historic Places be forwarded to the State Historic Preservation Office. The Ashland City Council heartily recommends that the Ashland Railroad Addition Historic District be placed on the National Register of Historic Places to ensure that this important Ashland neighborhood is recognized for its importance to Ashland's past, and for it's contributions to our future. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 16' day of June, 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney CITY OF ASHLAND Department of Community Development Planning Division OREGON , June 1, 1998 To: Ashland City Council From: Ashland Planning & Historic Commissions Subject: Railroad District- National Register Nomination We are pleased to announce the nomination materials necessary to list the Ashland Railroad District on the National Register of Historic Places has been completed. Over the past year, research has taken place, documents have been prepared and two public meetings with area property owner's have been held. The goal of the project is to successfully list the Railroad District on the National Register as an aid to preserving its unique character and encouraging appropriate development and restoration of the district's structures. National Register status would add to the formal recognition of the Railroad District as a special segment of our community. This special status will provide additional ability to manage the growth and development of the Railroad District under Ashland's historic preservation programs and enable area property owners to secure financial benefits from certain federal and state programs that can promote appropriate renovation efforts. Currently, ten individual properties within the Railroad District are already listed on the National Register. A far greater number of important, simple 19th and early 20th century working class properties-not likely eligible for individual listing,will be recognized for their value to the overall neighborhood. The Planning and Historic Commissions recognize the nomination as a worthy cause for the City of Ashland and specifically to the property owners of the area. Therefore, we recommend the City Council adopt by resolution the nomination and forward the resolution to the State Historic Preservation Office. Thank you, Steve A itage, Planning ission Chaff Person qe ir Person JOINT STUDY SESSION ASHLAND CITY COUNCIL ASHLAND PLANNING COMMISSION ASHLAND HISTORIC COMMISSION Minutes October 28, 1997 City Council Chambers Present were City Councilor Steve Hauck; Planning Commission members Mike Morris, Mike Gardiner, Chris Hearn and Marilyn Briggs; Historic Commission members Jim Lewis, Joan Steele and Keith Chambers; and Staff members Planning Director John McLaughlin, Senior Planner Bill Molnar, Associate Planners Mark Knox and Maria Harris, and Secretary Sonja Akerman. At 7:00 p.m., McLaughlin welcomed the citizens in attendance and explained this is the first meeting in preparing the Railroad District nomination for the National Register of Historic Places. For the past 20 years, the City of Ashland has recognized the importance of its heritage and of preserving its resources. During neighborhood meetings over the years, the Railroad District property owners have also realized the significance of historic designation for their community. The City of Ashland recently received a grant from the State Historic Preservation Office (SHPO) to undertake the study and preparation of the nomination. McLaughlin then introduced Historic Preservation Consultant George Kramer, who has been secured by the City to do this work. Kramer clarified the National Register of Historic Places is a federal program that was established in 1966 after a group of mayors went to Congress and President Johnson seeking protection of their historic resources. It is administered by the National Parks Service and is part of a national program to coordinate and support public and private efforts to identify, evaluate and protect our historic and archeological resources. Kramer then showed slides and gave a brief history of the Railroad District. He also explained the process of his work, which will include the documentation of each property. There will be more public meetings, hearings before the Historic Commission, Planning Commission and City Council, and two state hearings before the recommendation is forwarded to the National Park Service. Kramer related that other than attending the public hearings, his nomination work should be completed by May of 1998. If everything goes according to schedule, Ashland could have its first National Register District by June of 1999. Questions from the audience included: Why is it desirable for the Railroad District to be on the National Register? Kramer answered that identifying the City's cultural and historical resources is part of the Comprehensive Plan. From an owner's standpoint, access to certain financial incentives is desirable, as is the possibility of a 15 year tax freeze. Commercial property owners would also be eligible for a federal investment tax credit. He also noted the Railroad District has worked hard over the years to become a separate entity. What would be the disadvantages to National Register status? Kramer said there would be few disadvantages. Regulations would remain the same as they are now whether on the National Register or not. Are there other National Register Historic Districts in the area? Kramer stated the Medford Downtown District is in its first hearing stage with the State Advisory Committee on Historic Preservation, then the recommendation will go to the National Park Service. Districts already on the National Register are the South Oakdale and Geneva-Minnesota Districts in Medford, Downtown Grants Pass, the City of Jacksonville, three districts in Roseburg, a district in Coos Bay and three districts in Eugene. What can we expect from our tax assessment? Kramer said due to Measure 50, there is a 3% tax limitation on property now so it can't increase significantly. Individual properties in a designated National Historic District are eligible to apply for a 15 year tax freeze if they meet certain rehabilitation requirements. What about non-historic additions that are already existing? Kramer responded the State and Federal governments recognize there are changes that occur in structures over the years. If there is a dramatic or character altering addition, it may cause the structure to be "de-listed". What types of properties does the National Register include? Kramer answered it includes buildings, districts, objects, structures and sites. It does not include trees. What other districts in Ashland are being considered for National Register status? McLaughlin related there are three other districts that are part of the Ashland Historic District —the Commercial District, Skidmore-Academy District, and Siskiyou-Hargadine District. They would each warrant eventual National Register status. Wasn't there a survey of historic properties in the 1980s? Kramer said the inventory for the Landmarks List began in 1984 and was resumed in 1988. Scott Clay did the initial work and Kay Atwood completed the survey. What is a "determination of eligibility"? Kramer answered this means the State has formally declared the Railroad District is eligible for listing on the National Register. This came about in 1987 when a neighborhood group from the Railroad District formed to prohibit the placement of a microwave antenna on top of the Pacific Northwest Bell building at the corner of Sixth and East Main Streets. It was denied at the federal government level because of the group's efforts in the realization of the historic nature of the Railroad District. The Railroad District was "protected". Neighborhood groups were also formed to oppose the construction of a substation on "A" Street, to acquire a park, and to work on a neighborhood plan. So there have been strong past efforts working toward this. What is the period of significance for being listed? Kramer stated in a "district", the period of significance refers to a time period. Normally, structures need to be at least 50 years old, however if they are integral parts of a district that meet the criteria but aren't that old, they could qualify. Joint Study Session Minutes October 28, 1997 2 Will we be able to pick up a profile of our property when the research is completed? Kramer said there will be copies in the Planning Department and at the library. What are the boundaries of the Railroad District? Kramer answered the actual boundaries still need to be determined and it is necessary they be justified. Can owners of property already on the National Register build more structures on their property? Kramer said new structures could still be built but would have to be secondary in nature. The National Register structure would need to remain of primary significance. Will this give the Planning Department more control? McLaughlin stated the City has already recognized the historic nature in the Railroad District and has been regulating the area accordingly in the past twenty years. If the City Council decides it would be necessary to take another level of review, it would be a local decision, not state or federal. Hauck expressed his frustration with the opinion many people have that with National Register status there will be more restrictions. He emphasized this would not result in additional restrictions. Local restrictions would not be a result of National Register status. McLaughlin confirmed this and restated it will be the same as in the past twenty years. Will this nomination go forward regardless of what property owners think? McLaughlin said the City is moving ahead with this project. He said he hasn't heard of any opposition. Are there any other benefits of being on the National Register? Kramer said another benefit would be the flexibility of building codes. The Building Official has the authority to waive certain building codes for historic structures. When questioned about the commercial incentive, Kramer replied there is a federal 20% investment tax credit. In order to receive this benefit, a commercial property is required to be either retail or industrial and if an apartment building, it must have four or more rooms. A bed & breakfast would not qualify. Therefore, it is not likely many residential structures will convert to commercial structures. Will we have to open our house once a year? Kramer said you would need to provide an open house only if you are taking advantage of the special assessment, and this would be on an individual basis. What will happen to our property values? Kramer stated that over time, owners should realize a higher resale value. This is because the historic character of the district will be recognized. Zelpha Hutton, who owns a house on the National Register, stated it was not a big deal and was not that complicated to get her plans approved at SHPO. She also said that rooms in her house used to be rented out and that nearly every year she has had an open house, people that had previously rented rooms stop by, so it is like relatives coming by to say hello. Not all the rooms need to be open. Also, you can chose the day you want for the open house. The meeting adjourned at 8:17 p.m. Joint Study Session Minutes October 28, 1997 3 Questions & Answers os{"of Asy National Register of Historic Places Nomination Discussion for the Ashland Railroad District '�.°REGaa,, Below are "general answers" to some likely questions that will possibly be asked. In addition, the City's Planning Staff and Historic Preservation Consultant will be available to answer additional questions or clarifications to the questions and answers listed below. 1) Question: By owning property within a National Register District, will this "freeze" my property taxes? — –_-`_- - 1) Answer: No. By having property within a designated "Historic District", it does not automatically enroll the property owner(s) in the Special Assessment Program - a 15 year "tax freeze" on the assessed value of the property. However, by being within a recognized "Historic District", the possibility of receiving this benefit is much easier. In order to take advantage of the Special Assessment Program, the individual property owner(s) will need to apply to the State Historic Preservation Office and must submit a Preservation Plan which illustrates an overview of the proposed rehabilitation work. Depending on the structure's status, historic significance, amount of work proposed, estimated improvement costs, etc., the State may or may not approve the individual listing. 2) Question: What financial incentives/disincentives come with National Register status? 2) Answer: No direct financial benefit or "loss" will be realized by property owners within a "Historic District". However, as noted above, the individual property owner(s) may be able to apply for the Special Assessment Program. Indirectly, there is likely to be some financial benefit by being within a "Historic District". First, property owners within a "Historic District" will receive technical assistance from the State's Historic Preservation Office regarding rehabilitation work on their property. Secondly, property owners within a "Historic District will likely realize an increase in value and utility after the rehabilitation is complete. Lastly, property owners within a "Historic District" wanting to sell their property will likely be able to financially benefit from the "recognized or distinguished" status. As for financial disincentives, a property tax increase - typically only occurs when the value of the property increases - may occur due to the "distinguished" perception noted above. However, considering that Measure 50 limited property tax increases to a maximum 3% a year and that property within the Railroad District has consistently increased over the past decade, there is likely to be no "real" financial loss. 3) Question: Will listing on the National Register reduce my ability to use my property as I see fit? 3) Answer: No. No limitations on property use or alteration beyond existing building or land use controls result from being within a National Register District. Limitations only occur if the property owner chooses to take the additional step by enrolling in the Special Assessment Program. 4) Question: Aren't there already National Register properties within the Ashland Railroad District? 4) Answer: Yes. There are 11 (6 residential, 4 commercial & 1 civic) properties within the Railroad District that are individually listed on the National Register of Historic Places. These include residential buildings like the John McCall House at 208 Oak Street and the Nils Ahlstrom House at 248 Fifth Street; commercial buildings such as the Peerless Rooms Building at 243 Fourth Street and the Old National Guard Armory at 208 Oak Street; and Civic - Ashland Cemetery on East Main and Morton Streets. 5) Question: Isn't the Ashland Railroad District already on the National Register of Historic Places? 5) Answer: No. However, the Ashland Railroad District is listed "locally" as a Historic District. The Railroad District is one of four unique areas recognized by the City of Ashland and designated a "historic interest area". The remaining four "locally designated Historic Districts" include the Skidmore-Academy District, Siskiyou-Hargadine District and the Downtown Commercial District. By being a "National Register Historic District" the area is recognized as unique to the State of Oregon and the United States of America. 6) Question: Will listing on the National Register reduce my ability to add an addition on to my house? 6) Answer: No. No limitations on property use or alteration beyond existing building or land use controls result from being within a National Register District. Limitations only occur if the property owner chooses to take the additional step by enrolling in the Special Assessment Program. 7) Question: If the Railroad District is successfully listed on the National Register, how does a property owner enroll in the Special Assessment Program? 7) Answer: An application must be submitted to the State Historic Preservation Office. Included with the application, a non-refundable fee as well as a number of additional items specific to the property will be required (site plan, floor plan, color slides, color prints, a copy of a current property tax statement, etc.). In addition, a "Preservation Plan" will also need to be submitted. A Preservation Plan is an overview of the proposed rehabilitation of the property. Depending on the circumstances of the property (historic value, architectural merit, etc.), the application may be approved, approved with conditions, or denied. If approved, the Plan becomes an agreement between the property owner and the State Historic Preservation Office for rehabilitation work. The goal of the Program is to have, at the end of the 15 years, a well maintained and rehabilitated property. NOTE: A property can only qualify if it is in need of rehabilitation work. 8) Question: If an individual property is successfully enrolled in the Special Assessment Program, what type of benefits are available from the Program? 8) Answer: First, the assessed value of the property is frozen for 15 consecutive years. Secondly, technical assistance will be given from the State Historic Preservation Office staff regarding the rehabilitation work. Lastly, the property will realize an increase in value and utility after the rehabilitation work is complete. 9) Question: What kind of work qualifies as rehabilitation? 9) Answer: Rehabilitation work items can include structural repairs, the upgrading of mechanical systems, energy conservation measures, seismic upgrades and changes to make the building more accessible to disabled persons. Also qualifying are repairs to historic features, the replacement of non-compatible features and work required because of deferred maintenance. 10) Question: What kind of work does not qualify? 10) Answer: Regular maintenance work items such as painting and reroofing are not considered rehabilitation work items. An exception to this occurs when a normal maintenance item's cost increases significantly because of the owner's intent to have the new work more historically compatible. For example, using cedar shingles (if historically appropriate) instead of three tab composition shingles which are non-compatible. New additions that are not directly related to returning a building to contemporary use are not considered rehabilitation, nor are they eligible for the tax freeze. Kitchen and bathroom remodels are usually not considered rehabilitation unless the current rooms are in an unusable or derelict condition. Ic� �1.�2t� Ic �° • � • 9 8 . Cis TFft' 7e«7- IVA �0 arc IQe G.s ] c 2 b r— s 0 ? < < P, 61--C t 5, F/E/9- t �!••-J-+�L Coq [.�'� l.� r I'/� �h`_c�' /W r..r i�- i rt��' . s 3. SreFF� . AsN-Gt--o . e e. Page 2 -The Ashland Daily Tidings -Tuesday, April 28, 1998 i,ocal News Railroad District's :historic status focus -- - --- of-planning meeting - - - - - --- -- - Commissions to study Associate Planner Mark Knox said. National Register idea Structures must be 50 years old or older to qualify for the National Register, although exceptions are By Courtney C. Doe made for "integral" parts of dis- ;Ashland Daily Tidings tricts.Placement on the register al- Should the Railroad District be lows individual residents to apply on the National Register of His- for a 15-year tax freeze. toric Places? Some residents showed concern That is the question members of at the start of the project, asking the Ashland Planning and Historic questions about tax assessment commissions will discuss at a joint and property restrictions. Restric- study session tonight.The meeting tions only take effect if a single will begin at 7 p.m.inside the coun- house within the district goes after cil chambers, 1175 E.Main St. its own nomination. The draft under review will in- If individual residents apply for dicate the proposed boundaries of the 15-year freeze they can expect the east Ashland neighborhood. some restrictions on their proper- The consultant for the project, ty,Knox said,more than if the city Ashland resident George Kramer, applies for the district as a whole. will be on hand to answer ques- If owners do not apply for the tax tions and talk about his assess- freeze,there are no restrictions on ment of houses within the district. what they can do with their prop- The area is rich in history, in- erty,he said. cluding the "Whiskey Local" and All property owners in the Rail- the last great train robbery in the road District have been invited to west. The Railroad District has tonight's meeting.The next step is been eligible for listing on the Na- to revise the draft if necessary. It i tional Register since 1987, when a then goes to the Ashland City neighborhood group fought to keep Council. The council can adopt it an antenna off a commercial build- by resolution, Knox said. Finally, ing• it goes to the state level of the Na- City planners say the nomina- tional Register of Historic Places. tion would better all of Ashland. For more information, call the "There's no impact,just benefits," planning department at 488-5305. Commentary Railroad District concerns, but not conclusions, are legitimate Because the State Historic Preservation Office ward to seek citizen input on community planning (SHPO)has a long and solid relationship with the city issues.The Railroad District's future, regardless of its of Ashland,and is providing grant funds to the project, nomination to the National Register, s and property to its res- I was interested to read a Dec. Commentary not to those who seek to profit m, 1997 by Philip bang (Dec. from its redevelopment. 23, 1997) on the long-term implications of listing the James M. Hamrick Jr. Also, the process of listing a Railroad District in the district,or any other property, National Register. While I contains no inherent social share many of his perceptions -- — - agenda. Proponents demon-_ and concerns,I do not come to the same conclusions. strate that the property meets eligibility and integrity I agree with Mr. Lang that gentrification can be a criteria, and if the State Advisory Committee on serious problem. This phenomenon, where escalating Historic Preservation concurs, the nomination is for- property values and taxes drive out residents and warded to Washington D.C., for review and listing. renters,is well documented.However,I know firsthand Private individual properties cannot be listed over the that it is not inevitable and that it can be influenced by objection of the owner. In the case of historic districts, enlightened community policy. I have lived for more if a majority of the owners object,the listing is not com- than a decade in the Ladd's Addition Historic District pleted.And finally,contrary to Mr.Lang's assertion,we in Portland,a working-class neighborhood dating from are confident that the density of contributing historic the early 20th century,and listed in 1988.It is true that properties in the Railroad District is comparable to my neighborhood's property values have increased,but other registered districts:at about 70 percent. so have those in nearby unregistered areas. The dis- Once properties are listed in the National Register, trill's social character has not shifted noticeably. I local jurisdictions are required to protect their historic would characterize it as diverse, stable, and livable. It character under Statewide Planning Goal 5.This level still contains both owner-occupied and rental proper- of protection is not currently available to the nigh- ties.All this is due in part to its listing and the commu- borhood.National Register designation would provide nity awareness which it raised,and in part to the city's Mr. Lang and his neighbors with a strong tool to pre- subsequent efforts to protect the district. serve the character of the Railroad District. Listing Comparable situations prevail in other Oregon dis- cannot make redevelopment pressures go away,but it tricts, including the Uniontown-Alameda Historic can assist the community in counterbalancing them. District in Astoria,the Washburne Historic District in In addition to guiding the nomination process, the Springfield,the Mill-Pine Historic District in Roseburg, SHPO will assist its preserving the district afterward. the Court-Chemeketa Historic District in Salem, and We offer grants for efforts like development code revi- the Geneva-Minnesota and South Oakdale historic dis- sions,creating design guidelines,or educating the pub- tricts in Medford. I do not believe that Mr.Lang could lic about the area's significance. We also administer find the outcomes his choice of statistics suggests in the Special Assessment of Historic Property Program, any Oregon residential historic district. which offers a 15-year assessed value"freeze" to eligi- Continuation of a neighborhood's desirable social ble properties in return for historic rehabilitation.that characteristics is an integral part of its preservation. meet certain standards. The National Trust for We encourage communities to adopt ordinances and Historic Preservation, a private non-profit organiza- design guidelines that take these qualities into account. tion, also offers advice and assistance to historic dis- Ultimately,however,it takes active district residents to trict groups on methods to counteract the negative make this happen.Considering Mr.Lang's description impacts of gentrification through its Community of the Railroad District community, public input Partners Program. should not be a problem. If no neighborhood associa- James M. Hamrick Jr. is the deputy state historic tion exists,perhaps the nomination will provide a cata- preservation offer. His Salem oJ'-ue may be reached by lyst for one. Land use laws in Oregon bend over back- phone at 5013785001. GO c. N c. v �..0 °=l ^ CO V1 ° v ° N�O � �° y. 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T�nN •o �a �' 3 '� � The Mail Tribune, Wednesday, Oct. 29,_.1991iw`'`., 2A i Jl Railroad di trh: tready fo",_ t; 'u - By PETER WONG the state.Advisory Caihmlt ...9n, of the Mail Tribune - - `Historic Pi+eservation..g!ill�=_ "ewe the proposal.If the,state' [fee l ASHLAND :— Questions from. votes.to recommend it,, , t ct more than two dozen people kept could have national his tus' things lively.Tuesdny. night as the by mid-1999. t ctty.began_to consider nominating The district was dev with 'the jtatlroad DiAlict:for national the coming pf the Ore" Cal- hlstpt�ic district status: ifornia fiailiroad to As '1883 . hink a lot of people fear it will and its linkup with:the hne from lnetease regulation of their homes," 'Sacramento, Calif in 1887 t d-David Heller, a chiropractor. It was developed almost as a sev- ers in tatte ndance also had .ond town Ashland f ygeions about`how the designa- entire er tlow`would affect their properties. said When the railitiad was the But Councilman Steve Hauck primary•means of transportation,it, said placing the district on The Na probably,was more,impodant 10` r'titiifia Register*of History.*Places Ashland than the plazattT trwould not lead automati&Hy to",,':: Elevenpropert3eswiWptheai ai j more regulatior k already are°hated tlptie'tia6onal�. The city already regulates build register,which qualifies owners for t .- ing activity in a local district- a 1 5-year tl'eeze on,.assessed,valua- "bounded-by'therailroad`tracks on tion and a`federal tiivestritent tax i the north,Eighth Street on the east; credit for .wdrk'.ou"c6rttriferciali Main Street and Lithia Way on the property only , do south and Water Street:on the west. efit, they must apply.aePet'ately to i Placing it on the national register the State Historc tABtion qf-; would make it Ashland's first neigh fire s a a borhocd to obtain that status: The Zelpha.Hutton owns a home that South-Oakdale Avenue and -A as national hisOricatattas!hnd has ' ..Geneva-Mfnnesota neighborhoods taken.idvantage.Ofth6-tRDeial ss,Z ih,.Medford:;are,on-the;,national.:sessment; which�xequires an open.( register. ;:house one..day each.year i Ge6rge Kremer'a historic preser >'"There reall,Y'is:not t ha t much i vatiofi consultant;has been hired to garbage that goes along with it;"she prepare the potential nomination of•, said One years we.had,more peo- the Railroad District.,City'advis* J ple than we would have liked;so we; commissions; the city cb"cil and,'£try to plamitrduring bad weather."f Wednesday,August 27, 1997-The Ashland Daily Tidings - Page 3 City staff to pursue _ �tO � Concerned citizens have consid- ered - seeking the designation for or years.But serious efforts began sev- eral months ago, when the city be- status for S pursuing ttlers moved grant. Settlers moved into the area 145 TK TK District ago, Ashland Historic Com- mission member Terry f Ashland's said. R. B. Hargadine, one of Ashland's founders, was the fast settler to By Damon Fouts own the district land,in 1852.But it Ashland Daily'ridings was Lindsey Applegate,a later own- City staffers got the green light er, who sold the land in 1883 to the last week to pursue placing the cen- railroad. The fast passenger train tury-old Ashland Railroad District roiled across the freshly laid tracks on the National Register of Historic in 1884. Places. That began what historic com- The Ashland City Council unani- mission Chairman Jim Lewis called mously authorized the Planning De the great glory days in Ashland." partment to seek the historic status. Lewis said Ashland became a stop The city received a $6,000 grant between San Francisco and Port- from the Oregon State Historic land,fostering commercial and pop- Preservation office to help fund the ulation growth.That growth was in- effort. Associate Planner Mark terrupted in 1927 when the railroad Knox said it will cost $15,000 to rerouted most of the line's service to $18,000 to pursue the designation. the east. "It takes time, staff and re- "That was really when Ashland sources," Councilman Steve Hauck somewhat fell off the map," Lewis said. "Getting the grant money said. makes it a lot easier." The area has been primarily a The city will hire a consultant to working-class district. In the 1960s, research the district,accounting for the area got the reputation as most of the cost,Knox said.The re- "seedy,"Lewis said.Since then,res- sult will be a roughly 400-page re- idents and business owners have re- port detailing the district's history vitalized the area and restored and all of the houses in the district. many homes there. The report will be used to lobby With efforts under way to obtain for the designation. Knox said the national recognition of the historic ptocess will take about a year.Indi- district,Lewis doesn't want to stop vidual property owners within the there• district also will be able to use the "We hope to do the same thing report to pursue historic status for downtown,"he said. their homes. Historic RR. District listing on council agenda By Damon Fouts Ashland Daily Tidings , The city of Ashland will receive state money to help fund:W9t#s to list the Raih-oad District on the Na- tional Register of Historic Places. The Oregon State Historic Reservation Office approved the city's request for a matching grant. Listing the district would help pre' serve the area's historic architect him and encourage renovation of older buildings,according to a Com- munity Development Department memo to the Ashland City Council, The grant approval is on Tuesday's city council meeting agenda. Meet- ing time is 7 p.m. "It just puts a higher,more strin- gent standard on what'can be done to the homes," said Historic Com- mission member Curt Anderson. da:Also on Tuesday's meeting agen. • Assistant City Administrator. Greg Scoles will update the council on plans to build a bridge at the Winburn Way crossing. • The council will consider for.. mer councilman Brent Thompson's request that the city co-sponsor an October conference at Portland State University on growth manage meet. M HERE . Will"Lli-I B�� Ll to st 0 r.�c Z�1 (5 ' LE G --- ME - FOR - T I T71 _10RI-11- 10D . I p-, 1 G H B IR k v -- 1pff , _ C _ IShrJ SIT. I fi1ST0 , _C1�✓� ��15 ' ��� . T T T y f rl t _ _l y; T_, _ S TUND AN, D B .. STR 11.' _ �! -, r7 —i , E T.0 7 } U . jp _ iAX ,`MTIYES L S 0. - �' Ni�A[)I G CF j nC:_hrl H___00 A T i F - _ � r RUTH P1. FALLER PHILIP C. LAIC. t.C5V y} e 758 5 Street Ashland. Oregon 97520 Res.541 482-8659 Office 541 482-5387 June 16, 1998 To: The Mayor & City Council Re.: Testimony in Opposition to Resolution To Forward Railroad District Nomination for National Registry of Historic Places to State My partner and I reside at 758-B street. We have developed/rehabbed and own 13 affordable housing units in the Railroad District. I am a member of the National Trust for Historic Preservation I urge you to disapprove the Resolution to forward nomination of the Railroad District for national registry to the State. My reasons are twofold: First - the devastating effect it will have on the neighborhood as a diverse and stable coma unity. Second - The process up to now has been biased and faulted. The Destruction of The Railroad District In the 19601s, "redevelopment" - meaning bulldozing entire decayed neighborhoods was the "urban.renewal program.". This was intended for the Railroad District as well. Thanks to Planning Department inoompetence, and failure to secure a grant, the District was spared. Subsequent to "redevelopment" historic preservation came into vogue. Older, sound, but rundown inner city neighborhoods, occupied largely by minorities and the working class or poor, would be declared historic districts, making rehab. loans, '-tax abatements, etc. available. Historic preservation resulted in rehabilitation. Residents enjoyed decent housing - for a few years. Gentrification and escalating real estate prices (hence.taxes also) , drove out the original residents, destroying the ecology and.social fabric of the neighborhood. I refer you to: ' My original paper, dated 10/25/97 Tidings article of 10/97: "RR District is more than just buildings" Additional Points to my 10/97 article Tidings article of.5/11/98" "!Closed Off' Planners Serve No One" All the above are attached. "Historic Preservation" ultimately saves artifacts - buildings - but it destroys neighborhoods. While historic status does not, initially "cost anything" inflate-prices nor raise taxes, it does cause these woes to follow in. short order. It drives the less than'wealthy, who can no longer afford. a "valuable historic artifact" out of theirthousing. It has done so all across America. l p The Mayor & City Council re; Railroad District —6/16/98 - p. 2 Its touted short term benefits are irrelevant to the Railroad District, which is already overwhelmingly rehabbed and well-kept. The Faulted Process The public and RR District residents have not been served or informed by the process so far. There have been two public meetings. The first, on October 28, 1997, was an "answering questions" session, with the questions. and answers conveniently supplied ahead of time by the Planning Department. It was not,. as titled "a joint study session". No discussion of the broader issues or contrary views was elicited or entertained. The second meeting, on April 28, 1997, asked us to "please pie and participate in the review of the 'DRAFT' nomination proposal." This was a "dog and pony show,"showcasing the application. A neighbor had to ask whether input was wanted, at which point the historic/planning ccmTission allowed that the public could speak. However, when I did my presentation, I was interrupted by arguments and shouted down. The materials you are receiving tonight never got distributed, let alone read. Now this application is being sneaked through as a resolution not requiring public debate or input. This may be legally and technically incorrect, for the outcome has vast implications for our neighborhood. It is surely procedurally and ethically wrong. I ask that you not approve this resolution. I.ask that .you remand .it back for real public review, input, and discussion. otherwise, our neighborhood, the majority of our residents, and any hope of affordable rental or ownership housing will be railroaded into oblivion. PLEASE READ THE ATTACIZENTS TO THIS STATENENT! Commentary �n P'ti6 `Closed off' Planners serve no one An open letter to Jim Lewis and the Ashland historic historic districts.And it was only one report of many. and planning commissions: No problem—you simply dismissed it. It was obvious at the last "planning/study session" Essentially, your response, and that of your fellow that the "Plague" is alive and commissioners by their well in Ashland city govern- Commentary silence and lack of interest in ment — at least in your two seeing,let alone discussing the commissions, which I have Philip C. Lang data, is: "Don't bother us with been observing over a long facts." tune' Your comments about real The "Plague" is that of estate values in Ashland were "right thinking." H.L. Mencken, the great American also specious.It is true that real estate values have esca- journalist and author,described"right thinking'as the lated rapidly in Ashland, but surely you know that kind of thinking that does not acknowledge that it is the those in the Railroad District have led the rest of the result of the individual's values and self-interest, but city, due to gentrification. Historic Place status can rather that the thinker is so enlightened, progressive, only accelerate this further. Should it be public policy and wise that his/her opinion is the right one—the best to further real estate escalation at the expense of hous- for all concerned. You did not want a study/planning/ ing for the majority of our citizens? discussion session; all the planning and discussion-at In case you are not aware,the last statistics indicate least among those who"counted"—had been done long that those living at or below the poverty level in the city before. You wanted a show — a presentation of the of Ashland are 16 2/3 percent of the population(!). Railroad District as Historic Register Place. Mr. Cramer's comments were also misleading. The only other and,perhaps,more charitable expla- Property tax limitation measures may limit increases nation is that you simply don't know how to conduct a to 3 percent per year,but do not affect property assess- community meeting in a participatory,democratic fash- ments.Double the assessment—double the tax—even ion. with a 0 percent increase in rate. It is a proven When I first learned of the plan to nominate the RR inevitability that assessments escalate enormously— District for Historic Place status,my reaction was,quite much faster than non-historic register places—when a honestly,negative.However,as I told my wife,before I neighborhood is designated. started spouting opinions, I really wanted to know the Now, all this could have been discussed, demon- facts.I made many calls,all over the country,to both the strated among commission members,and the rest of us National Trust and the National Register.It took some if your defensiveness, "right thinking," and presump- doing, but I did receive multiple studies of the longer- tive decision-making had not, once again, come to the term impact of such status on formerly "blighted" fore. neighborhoods.The results were very troubling.I tried I am not the fast nor the only person to object to the to present them(at the planning/study session). inaccessibility and closed off atmosphere surrounding Jim,your reaction was typical of the"right thinker." city commission meetings and the governmental First, indignation. Second, the most primitive of our process here,generally. defenses: denial. You mocked the report I held in my This does not serve the neighborhood,the residents, hand as irrelevant—it was from"Richmond,Calif."Of or honest representation of issues very well. course, it was from Richmond, Va., and covered five Philip G Lang lives in Ashland's Railroad District. RUTH M. MILLER r _ PHILIP C. LANG. LCSUr 758 6 Street Ashland. Oregon 97520 Res. 541 482-8659 Office 541 482-5387 ADDITIONAL POINTS TO ADD TO 10/97 ARTICLE "Preservation" is one of "those words". The entire focus of the Nomination Form is "artifacts" - buildings. But preservation has the higher meaning of the importance of enhancing and saving the places where we live - not just the buildings, but also the communities. The "Questions and Answers" piece by the Planning Dept. speaks to a "benefit "property owners. . .will receive technical assistance from the State's Historic Preservation Office regarding rehabilitation work on their property". This statement is both humorous and insulting, because our properties are for the most part already beautifully rehabilitated. It is an anachronistic statement based on the original intent of the preservation laws and their objects - decayed, minority/poor occupied inner city (historic) neighborhoods. Any serious review of the "Questions and Answers" indicates that except for some profit to be realized by those who want to leave the neighborhood, there are NO REAL BENEFITS TO BE REALIZED BY "HISTORIC PLACE" STATUS. 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N win vi m S A N•G J0.i1 N a a'O'--' O N.0 pp r y.0 f. m V r.., ° 8'd q•«^' 7 �rCa«.5o7 ❑ OaL OO E., 7 ui U.°-i w .LOA •Q" N'0000 > Lr O_N7 R a1'pU' P�y� B... asm 0070.7-� ., � y.� y'O.T° N . '.T� 0.b �....0 mp R�. G N. =.5.y Ca'wp�C.e. u C 3X 0w O �,O!".5 y'�« NASA C L O'L->.�Q •� R o �-i°. G� d^,a� T ui R-A >, m'o c y 7 o � 5 D E--O E- y.$ m ;,°: .0m 0 c� � v � USao: F ° >° ° od« r 5o� a"xi°' R " LA:dy�Fowr tLO 0 R and c3 ° ac ba:° 0L .° oocgvc:;A o.oO,, H 0i0 by wLpNOrRW > 5RN 3 ac� a 35� aoRgR ca : oa5 rxa � m RUTH M. MILLER Y PHILIP C. LANG. LCSk' 758 5 Street • Ashland. Oregon 97520 Res. 541 482-8659 Office 541 482-5'587 October 25, 1997 To: Our neighbors & friends Re. : Nomination of Railroad:'District to National Register of Historic Places When I received notice of this meeting, I immediately had serious concerns, based on both my prior experience in other places (San Francisco) and especially in Ashland. My concerns were heightened when I reviewed the "questions" .for::which "answers will be provided". All these questions are economic, and focussed on all of us as individuals, especially individual owners of a commodity called real estate. These sample questions were devoid of any concern to or reference to the district as a neighborhood , an eclectic, diverse community of people in lai'complex and ever-changing network of contacts -and relationships. I set out .to gathek, information that would either support - or discredit my concerns and conclusions about what national historic registry would mean. The organizations, individivals and publications I contacted are listed on the attached "References/Resources" list. A HISTORICAL!%NOTE ON RAILROAD DISTRICT PRESERVATION The Railroad District survives and thrives today not because of official concern and action, but rather because of the frustration of official efforts. During the 60s, the Railroad District was a rundown area, with significant vacancies and decay. The official !%plan" was to secure redevelopment funds and bulldoze the entire area. Fortunately, incompetence prevailed, and the City lost out on a grant that would have funded this misguided effort. The neighborhood is scarred by a period that followed where anyone who was willing to invest/build in the area was allowed to do so. Indeed because of this it is highly unlikely that the Railroad District could, in fact qualify for national status today (see following) . THE NOTION OF NEIGHBORHOOD The Railroad District is more than the sum or value of its buildings. A neighborhood means the multifold involvement of individuals, couples, families, with each other on all levels, in formal and informal, planned and spontaneous interactions. The diversity of the neighborhood - with older and younger people, wealthier and poorer people, working people, professional people, OSf actors and technical staff - makes for a rich and gratifying heighborhoodilife. These interactions are facilitated and extended through many of the commercial activities in the district - Ashland Hardware, Bakery Cafe, Whistle Stop Cafe, new and used furniture stores, etc. Nomination of Railroad District. . . . - p. 2 THE ORIGINAL PURPOSE OF HISTORIC PRESERVATION During the 60s, historic, usually inner-city neighborhoods became victims of decay with the move of housing and businesses to the suburbs and new "cities" springing up around the old central core city. These neighborhoods were bulldozed and replaced by nondescript industrial buildings,.,apartments; _ . or institutional public housing projects. The need for freeways to allow access from the suburbs to the inner commercial core provided additional needs for clearing large areas, and of course these older, decaying districts were prime targets. .Historic preservation aimed at reclaiming and rehabilitating, rather than "redeveloping" (newspeak for "demolition") these older, basically sound buildings. Their reclamation would also preserve valuable housing for working and poorer class city dwellers. Incentives included tax abatement, low-interest fix-up loans, etc. that came with national registry status. OUR SITUATION IN THE RAILROAD DISTRICT We do not live in a decaying neighborhood. The threat to our lives here is not from decay but from increasing gentrificiation. This gentrificiation destnoys the diversity and richness of the neighborhood by pricing housing so that it is only accessible to a a.-much narrower stratum of relatively wealthy people. (Note: ballyhoo to the contrary, the actual median income of families in Ashland is just over $36,000/year) . "PROTECTION" THAT EQUALS "DESTRUCTION" My interviews and researches confirmed my fears about the result of acquiring national registry status. We will be told that this will not "cost" us anything, that it has "no direct impact/immediate impact" on our remaining here or pursuimg. our lives. This is true - the status itself will not be harmful - but what follows from it will. Many people will be increasingly squeezed out of their homes by enormously rising values/assessment/taxes. For some of us, the tax burden is already approaching the confiscatory. There are no tax abatements for non-historic buildings, or even potentially historic buildings seriously marred by later "remodeling". . Most of the structures are either "non-historic-compatible" or "non-historic-non contributory." That will not protect them from rising costs of ownership due to rising prices and assessments. Renters will be driven out because obviously the costs/unit will rise, so that the same homogeneity of higher-income people will prfW. ail in both private residences and rentals. Commercial businesses, enjoying lower-cost space and catering to largely neighborhood residents, will e riven out. We can expec upsca e a eries" "trendy eateries" high mark-up, high margin tourist attracting businesses to replace them. Nomination of Railroad District. . . . - p. 3 _Ultimately, we can expect residential costs to rise so much that the downtown commercial zone will extend into the Railroad District. "Historic" and °picturesque" houses will be occupied by boutiques, fru-fru furniture, bric-a-brac and upscale gourmet and candy stores- much like the establishments in Jacksonville. The District will nog longer be a living neighborhood of real people, but rather a Disneyland, sentimental, kitch conglomeration of commercially oriented enterprises, celebrating a way!:of life and a time that never was. Nightmare? "Scare Tactic"?? Hardly. One study (Richmond Virginia) provides the following statistics: From Shockoe Slip (historic district) : "Between 1980 and 1990, the assessment total made a quantum leap upward by 2458. .. .Citywide the aggregate value of real estate increased by 8.9%" From Franklin Street (a downtown historic district) : "The per sgquare foot value of the renovated properties is $21 a square foot greater than that of new construction." "Non historic commercial property appreciated on average only 8.8% over the eight year period. Average rates of appreciation of commercial properties in the historic districts ranged from 25.2% to an astounding 256.48." "Between 1987 and 1995 Staunton residential properties not located in a historic district appreciated an average of 51,1%. . . . .But residential properties in every one of Staunton;s historic cistricts appreciated from 51.9% to 66.08", (The preceding two quotes relate to the Staunton District in Richmond, for the years 1987-1995. (All underlining added) . SO WHO BENEFITS? The tourist enterprise ("visit Ashland's newly designated national historic district") . We can look forward to more and more traffic, noise, litter. Real estate operatives - 68 commission on a $400,000 house is twice that on a $200,000 house, with exactly no more effort. Commercial/Chamber of Commerce/Tourism Interests In brief, the greatest value is to those who can profit from short-term greed at the expense of our long term neighborhood viability. REAL PRESERVATION We have all the potential resources for real preservation and enhancement at hand. But they are not being used because narrow' ntere5ts not representative of:iour�;constituency control the planning process. Item: We have local historic preservation ordinances. They are regularly breached by both Historic and Planning Commissions Item: Citizen input is monkey-wrenched and "cooled out". An alley ordinance was drafted by a residents group in 1980-1981. The City agreed to an informal "moratorium" which can be abrogated at any time. Item: The City secured a grant for a Railroad District Plan. Many of us Nomination of Railroad District.. . . - p. q participated in "charettes". A draft report by the consultants, Demuth-Glick was submitted in July, 1995. Now, 2� years later, the plan has never been heard of again. Many of its suggestions have of course been made impossible .:t(, achieve due to subsequent development approved by the planning powers. Item: In the early 80s, resident concern over the "B & B-ification" of the neighborhood led to formation of a City sanctioned citizens committee. Its recommendations were rejected by planning. Instead, a watered down ordinance was adopted, and offered as "protection". Six and a half years later we disdover that the ordinance was never enforced. My complaint led not to its enforcement, but to its repeal! (See Tidings editorial 9/5/97) . CONCLUSION P.rices .of homes and rentals in the Railroad District are escalating enormously each year. This is justified in the basis of the sacred inviolability of "the market". This is nonsense. Public policy could- be framed to slow or halt the destruction of our neighborhood. Instead, national historic district designation is offered which will accelerate that process. We' need to enforce historic preservation ordinances. We need to draft ordinances that protect our neighborhood's alleys, and shield ,:us from inappropriate commercialization with B & B and "spas". We need to insist that the Railroad District Plan that we all devoted ourselves to is resurrected, and ordinances and regulations based on its suggestions implemented. You,may be told that national historic district designation is "a tool that we can use to preserve our neighborhood". It is not. It is a weapon that will actively or passively work to destroy.,our neighborhood. Ruth M. Miller and Philip C. Lang live in the Railroad District and have rehabbed/developed 13 affordable housing units there. Philip Lang is a human services professional, who along with being involved in planning issues in Ashland was also active in the San Francisco redevelopment wars: Western Addition Area A, and South of Market areas. REFERENCES/RESOURCES Oregon State office of Historic Preservation: Elizabeth Potter - (503) 378-5001 ext. 226 David Skilton - (503) 378-5001 ext. 260 1115 Commercial Street, N.E. Salem, Oregon 97310 National Trust for Historic Preservation Articles-: Knoxville Tenn: Three Historic Districts Virginia's Economy & Historic Preservation: The Impact of Preservation on Jobs, Business, and Community Book: Rypkema, Donovan - The Economics of .Historic Preservation Staff: Carl,,Wolf, Legislative Assistant- Law & Public Policy Division (202) 588-6000 National Register of Historic Places (A Dept. of The National Park Service) (202) 343-9559. Northern Region Rep. - Anthony Veerekamp (S.F.) (415) 956-0610 s• i. � A.'"x r_r4'1,��r ' .y t ���'�.�� i �' � � ry�7� « rttm�!`}#/ rs 3:i�1 X r�N��F°-'s' n ^ xr-,s_1 ,Y'dt4 `r v. Jai �Y •� �W '�'A�,^. j `.r J < � YJ '4 �e x�f l Virginia's Economy � ° �� ' ' fw and a' ;rYn4: Historic . Preservation: �r I.J.i'(i�i - ✓�. 'y V}I The Impact of Preservation on Jobs, Business, 4 and Community oo .Z. 4�¢4• 1{ aM1 I V ,ii ;, w#'L'rv'r � M .� y i K yE :r'-.�y' �odtt• � � I i I. +, K��3'��{`s ♦'� 1¢' A,� ��y � A �yyTfY^� l�r]� `K.,'/ �'4 r�'. i7� t�'GS�S�f'Y. ' - v 1�• � } a Y7��f��1e�f+�„ ' 7 �.d' r , t�:. x � r�• . '3. � ;a` 3-"�`y�``G.a+ Nt ti �`! y'r L`'„ .�� `� ��!� a"� ar � J -r x V r SjpR,T r . 't L • 'yi0 ti r .. _ .. --- PROPERTY VALUES , Across Virginia thousands of historic properties are located in local Historic Districts. Property owners often ask, "Will being in this historic district adversely affect my property's value."Here is what we have learned: From Shockoe Slip in Richmond: "[B]etween 1980 and 1990, the "First, state and federal assessment total made a quantum leap upward by 245 percent,from $23,135,886 to $56,761,000. Citywide the aggregate value of real designations clearly take estate increased by 8.9 percent"The Importance of Historic Preser- no existing value from vation in Downtown Richmond:Shockoe Slip Area,A Case Study. designated properties. From Fredericksburg: "These findings indicate that properties Second, local real estate Cs within Fredericksburg's historic district gained appreciably more in value over the last 20 years than properties located elsewhere in markets show no ie broadest the city."The Economic Benefits of Preserving Community Charac- discernible trend toward _ildings and ter, Fredericksburg, <Trginia Case Study. me to visit singling out designated �.s -- _;+�. +sw =.t^' stopped at CHANGE II PR0 , RTY�YALUES�� ;'1987.1995 landmarks as less c preserva- he Virginia ¢ ,x ' desirable than similar Commercial undesignated properties." Non Historic District 25.2% prO ¢� py ' The Financial Impact of n°Staunton " Historic Designation efore the Newtown Historic District 27.7% j more than l� ent of the Stuart Historic District — _ 44.5% F7 sold to be Beverle Historic District - _ - _ - 56.0% ! d building L age as a .ldings be- Gospel Hill Historic District - _ - - - ' 69.0% M .0 IMMOMO-02 256 mographic Wharf Historic District - - - - _ % of modest _ - _ _v .n 100,000 year living Again from Richmond:"The appreciation of renovated historic prop- E' dwindling erties is substantially greater than the appreciation rates for new Busing De- construction and unrestored historic properties...The per square r each unit footage value of the renovated properties is$21 a square foot greater hat means than that of new construction." The Importance of Historic Preser- ek that is vation in Downtown Richmond:Franklin Street,A Case Study. ie cost to lion! And in Staunton where we took a detailed look in the preparation of this study: Between 1987 and 1995 Staunton residential proper- { v; ties not located within a historic district appreciated an average of CONCLI 51.1 percent- certainly a healthy growth in value. But residential properties in every one of Staunton's historic districts appreciated Virginia he at an even faster rate, ranging from 51.9 percent to 66.0 percent settlements over that period. preserving of the Moun On the commercial side the differences were even more dramatic. home. Whe Non-historic commercial property appreciated on average only 8.8 our hope th Between 1971 and 1990, percent over the eight-year period.Average rates of appreciation of eruation de residential properties in commercial properties in the historic districts ranged from 25.2 not only to the historic district percent to an astounding 256.4 percent health as w increased in value by an 6E pR p 1`R VAt[1ES 19871995 Historic pr' average of 674 percent, = a key comp while residential RtSd¢NtIs1� Non Historic District - 51.1% New repre properties located Prop¢rhj gram reper � ; toric preser elsewhere in the city inwStaunton Newtown Historic District increased-in value by an °,; Good jobs a ' by the reha average 410 percent. _ Beverley Historic District Commercial property ,= Visitors cor their dollar inside the district Gospel Hill Historic District ' - - - 64.8% increased by an average "`, Hundreds` and historic 480 percent, and StuaR Historic District - - - _ 66.0% = replace. commercial property Property ve outside the district Staunton was chosen because of its five historic districts and also often sign£ increased by an average because the excellent computerization of its assessment records al- tion rate as lowed for appropriate analysis. What was most interesting about 281 percent.' the Staunton analysis was the breadth of housing stock that was The questii The Economic Benefits of affected. In two of the four historic districts that included residen- tion or ecor. tial properties,the average value of a house($51,543 and$64,694) and it is pr( Preserving Community was, in fact, lower than the average value of a Staunton non-his- Character, Fredericksburg, toric house ($71,395). This further dispels the myth that historic houses are only mansions for the rich. Staunton's historic districts Virginia Case Study not only provide quality housing for people of more modest means, but reward them with faster rates of appreciation as well. Certainly not every historic district in every community can expect values to climb at these rates. But the claim that historic district designation somehow reduces property values is simply a claim with no basis in fact whatsoever. Increasingly the marketplace recog- nizes both the short and long term economic value of heritage prop- erties.And this is paying dividends to the owners of Virginia's his- toric buildings. x r-� (-'@ `off (h_- ---- I ---o--- ,a--�-- VV t 1-1 hf ti S L0 °"� !�I - 1 � �1, .1 A. �. __-_--- _ _ _ r� �_ �� -� _ _ � . �_- � � / �_.,._ � 44 _ , ' i is mi r]TT- - - - PSI' C. R-1 To .-Ij . JU 1- ' 4' ut lu 1r"..I RE E, 1 1 ij __-_ _. _ S ,�, I Li -------- PT o 0 0 P. Ni 15IG � rY J 11� - E R N; I� I_ ('!_�, 'hi!f\!G �=l�i�� F'I� :C -r101_J 5r— _::r�,� � �Ur� GTD,ti1.r�l�� - ---- CAM MATI-D.( , V'Q -cMm1r)K -A'd2= City Council Communication June 16, 1998 Submitted by Mike Freeman fJ Reviewed by: Paul Nolte Title: Reading by title only of"A Resolution Amending the Pay Schedule for Management and Confidential Employees for Fiscal Year 1998/99." Synopsis: This resolution would adjust the pay schedule for the Management Team, Division Supervisors, Mid-Level Supervisors, Confidential Employees and the City Recorder and Municipal Judge in an amount commensurate with the adjustments granted by contract to the five bargaining units which represent the remaining employees in the city(Firefighters, Teamsters, IBEW Clerical, IBEW, and Laborers). A 3% adjustment was anticipated in the approved 1998/99 budget. Recommendation: Staff recommends adoption of the attached resolution which provides for a 3% adjustment in the pay schedule for management, supervisory and confidential employees. Background Information: The City has entered into multi-year contracts with the various bargaining units. These contracts call for a minimum adjustment of 3% on July 1, 1998 (CPI-W for this period is 1.6%). There are approximately 45 employees within the management, supervisory or confidential classification. These employees are not represented by any labor group. The City Recorder and Municipal Judge are covered by a provisions in the city charter which links their salaries to the average salary adjustment of other supervisory employees and department heads (Article III, Sec. 3.). In the past the council has determined that it is important to maintain reasonable salary - differentials between organized employees and the supervisory/management staff. Furthermore the council has determined it is important that the city maintain a pay schedule which is competitive with other jurisdictions. While we have not prepared a salary survey as part of the proposed adjustment, it would appear to be appropriate to adjust the salary schedule by 3% in order to maintain an adequate differential and avoid compression between the supervisory/management staff and the organized employees. RESOLUTION NO. A RESOLUTION AMENDING THE PAY SCHEDULE FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 1998-99. RECITALS: A. The wage adjustment for Fiscal Year 1998/99 the five City labor unions is established in the amount of 3.0 percent. B. It is important to maintain salary differentials and avoid compression between represented employees and the Supervisory/Management staff. C. It is the desire of the City to maintain its management and confidential pay plan at a level commensurate with other jurisdictions when recruiting for these positions. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The pay schedule is hereby modified by 3.0 percent effective July 1, 1998. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this_day of 1998. Catherine M. Shaw, Mayor Reyjewe�s t orm: 4 Paul Nolte, City Attorney Page 1 — RESOLUTION (GAGREGSWIgmt salary resolution.wpd)