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1991-1001 Council Mtg PACKET
Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also 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 length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL OCTOBER 11 1991 I . PLEDGE OF ALLEGIANCE: 7: 30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of September 17, 1991. IV. SPECIAL PRESENTATION: 1. Proclamation declaring October as "Disability Employment Awareness Month" . 2 . Proclamation declaring week of Oct. 6-12 as "National Cable Programming Week in Ashland" . 3 . Proclamation declaring week of October 1-6 as "Oregon Recycling Awareness Week" . 4 . Proclamation declaring Sunday, October 6 as "Crop Walk Day in Ashland" . 5. Proclamation declaring week of October 6.-12 as "National Fire Prevention Week in Ashland" . 6. Proclamation declaring October 1991 as "STAMP Month (Stop Tobacco Access to Minors Project) " . V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2 . Approval of nominations to National Register of Historic Places: a. S. and Sara J. Pedigrift House, 407 Scenic Drive. b. Emil Peil and Alice Applegate House, 52 Granite St. 3 . Designation of Mayor Golden and Councilor Acklin as voting and alternative voting delegate to League of Oregon Cities annual business meeting. VI . PUBLIC HEARINGS: 1. Appeal from a decision of the Planning Commission approving a Conditional Use Permit, Site review, and Physical and Environmental Constraints permit for a 106-room hotel/office/retail complex on property bounded by Helman, Central, Water Streets, and Lithia Way. (Lloyd Haines, Applicant; Carola Lacy, Appellant) 2 . Proposed vacation of a portion of Lori Lane in conjunction with the development of Glennvista Estates, Phase II (Lloyd Haines, Applicant) i V. NEW & MISCELLANEOUS BUSINESS: 1. Request by Director of Public Works that Mayor appoint Council members to the Jackson-Josephine Transportation Committee. 2 . Request by Public Works Dir. for authorization to participate in funding study to obtain estimated costs for construction, operation and maintenance of water pipeline from Lost Creek Dam to Emigrant Lake. 3 . Adoption of Findings-of-fact for Economic Element of Ashland Comprehensive Plan. VI. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) VII. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. First reading by title only of an ordinance amending Chapter 14 . 02 of the Ashland Municipal Code relative to Customer Accounting policies. (Copies furnished in accord with the Charter) . VIII. OTHER BUSINESS FROM COUNCIL MEMBERS XI . ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL SEPTEMBER 17, 1991 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7: 30 P.M. on the above date in the Council Chambers. Laws, Williams, Acklin, and Winthrop were present; Reid and Arnold were absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of September 3, 1991 were approved as presented. SPECIAL PRESENTATIONS: Gift of Open Space - Mr. and Mrs. Jere Hudson made a gift of 1/2 acre of land on Strawberry Lane to the City for open space purposes. Mayor Golden expressed appreciation to the Hudsons and told of Mr. Hudson's efforts in the open space campaign. Williams moved to accept the donation, Laws seconded, all AYES on voice vote. CONSENT AGENDA: Acklin moved to approve the Consent Agenda as follows: 1) Minutes of Boards, Commissions, and Committees; 2) Monthly Departmental Reports; 3) Financial Report for year ending June 30, 1991 as prepared by the Director of Finance; and 4) Liquor license request from First Street Bistro, 15 N. First St. Winthrop seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Comp. Plan Periodic Review. Planning Dir. Fregonese said after L.C.D.C. reviews and approves the proposed amendments, the City will hold public hearings. Laws moved to approve the request to submit the periodic review to L.C.D.C. , Williams seconded, all AYES on voice vote. SOREDI Revolving Loan Fund. A letter was read from Candace Bartow, Mayor of Grants Pass, requesting the City's participation in said fund. Williams said it should be referred to the full Budget Committee for consideration for the 1992 793 budget and Laws so moved. Williams seconded, all AYES on voice vote. Schrodt Designs' Request. Gary Schrodt's request is for a 2" water line for a sprinkler system required by the County Fire Marshal for a business at 1285 Oak St. Acting City Attorney Dick Thierolf said he reviewed the City Charter, Comp. Plan and water regulations and advises the Council against granting the request. Public Works Dir. Hall summarized the technical reasons for Staff recommending denial of the request. On a question from Williams, Fire Chief Woodley said if the hydrant was properly gridded, it would not substantially reduce the water available for the surrounding residential areas. Laws moved to deny the request due to the many problems involved, Williams seconded, all AYES on voice vote. Request for Easement. North Pacific Construction Company's request is for a 10 ' easement for utility lines across City-owned property at Oak and B Streets. Darrell Boldt, President, agreed to remove blackberry vines, grade the area, provide a bark mulch groundcover and trees and shrubs as suggested by the City Administrator. Williams moved to approve the request, Acklin seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - September 17, 1991 - P. 1 Environmental Federation of Oregon. Laws moved to allow the EFO to distribute literature to City employees in conjunction with the United Way campaign. Winthrop seconded, all AYES on voice vote. Street Cut Request. The U.S. West request is to extend the sewer service cut at 294 & 300 N. Pioneer in order to lay phone cable. The street is under moratorium until August of 1993 . Laws moved to grant the request, Winthrop seconded, all AYES on voice vote. PUBLIC FORUM: Don Evans, 321 Clay St. , expressed concern .about phasing-out of an existing horse and carriage business. Public Wks. Dir. Hall explained that a Staff draft of a proposed ordinance will be presented to the Traffic Safety Commission at their next meeting, but the issue has not yet come before Council. Winthrop said he is concerned with over-commercialization of the downtown area, but in no way wishes to phase out the existing business. Zak Brombacher, 640 Tolman Creek Rd. , asked that a meeting be held with benefitted property owners who signed a letter regarding the Tolman Creek Road street and signal L.I.D. 's to discuss various issues of concern. Council directed P.W. Dir. Hall to call a meeting with the signatories. City Administrator Almquist introduced Paul Nolte, the"new City Attorney, who will begin working for Ashland on October 1. He previously served as Counsel for Douglas County. Mayor Golden thanked Dick Thierolf for acting as City Attorney since the retirement of Ron Salter. Almquist then introduced Ian Prosser, who is Chief Executive of the District Council of Stratford-on-Avon, Warwickshire, England. Prosser is here on a two-week exchange program through the International City Managers Association; and will host City Admin. Almquist in Stratford for two weeks in 1992 . ORDINANCES, RESOLUTIONS & CONTRACTS: Crowson Rd. Annexation. Second reading by title only of an ordinance annexing a contiguous area to the City of Ashland, Oregon and providing for an effective date. (Randy Warren, Applicant) Acklin moved to adopt same, Laws seconded, and the motion passed on roll call vote with Williams and Winthrop abstaining. (Ord. 2642) Crowson Rd. Annexation. Second reading by title only of an ordinance withdrawing certain recently annexed property from Jackson Co. Fire Dist. No. 5. (Randy Warren, Applicant) Laws moved to adopt same and Acklin seconded. Acklin and Laws, YES; Williams and Winthrop abstained. (Ord. 2643) Crowson Rd. Annexation. Second reading by title only of an ordinance amending Ordinance No. 2052 , the land-use ordinance of the City of Ashland and Section 18. 12 . 030 of the Ashland Municipal Code, to re- zone certain property from Jackson County RR-5 to City of Ashland R-1- 10. (Randy Warren, Applicant) Acklin moved to adopt same, Laws seconded the motion which passed on roll call vote with Williams and Winthrop abstaining. (Ord. 2644) Regular Meeting - Ashland City Council - September 17, 1991 - P. 2 Fire Code. Second reading by title only of an Ordinance amending Chapter 15.28 of the Ashland Municipal Code by adopting the 1988 Uniform Fire Code Standards, with certain modifications. Acklin moved to adopt same, Laws seconded, all YES on roll call vote. (Ord. 2645) Vacate Alley. Second reading by title only of an ordinance vacating an alley located between Wimer Street and West Street from Alta Avenue 200 feet Westerly, including an easement in favor of the City of Ashland. Acklin moved to adopt same, Laws seconded, all YES on roll call vote. (Ord. 2646) Tolman Creek Road L.I.D. Second reading by title only of an ordinance authorizing and ordering the improvement of Tolman Creek Road from the Southern Pacific Railroad tracks to approximately 1800 feet North of Ashland Street (Highway 66) by constructing curbs, gutters, sidewalks, bikepaths, asphaltic paving and storm drains and authorizing the assessment of the cost of the improvements against the property to be benefited, and providing that warrants issued for the cost of the improvement be general obligations of the City of Ashland. Laws moved to adopt same, Acklin seconded, all YES on roll call vote with Williams abstaining. (Ord. 2647) Tolman Creek Road L.I.D. (Signal) Second reading by title only of an ordinance authorizing and ordering the improvement of the intersection of Ashland Street and Tolman Creek Road with the installation of an automatic traffic signal, and authorizing the assessment of the cost of the improvements against the property to be benefited, and providing that warrants issued for the cost of the improvement be general obligations of the City of Ashland. Acklin moved to adopt same, Laws seconded, all YES on roll call vote with Williams abstaining. (Ord. 2648) T.P.A.C. Resolution establishing an Ad Hoc Committee to be known as the Transportation Planning Advisory Committee. Golden asked why the number of members from the public-at-large should be limited to five, and it was agreed to change the ending of the first sentence in Section 2 to read " . . . City Council, and additional members from the public-at-large. " Winthrop moved to adopt same, Acklin seconded and the motion passed unanimously on roll call vote. (Reso. 91-36) Affordable Housing. Resolution establishing the Affordable Housing Trust Account. Winthrop asked that the second line of Section 2. be amended to read: ". . . for all activities pertaining to affordable housing and . . . ". Acklin moved to adopt the Resolution as amended, Winthrop seconded, all YES on roll call vote. (Reso. 91-37) I&M Fees. Resolution establishing a methodology for I&M fees charged to other public agencies. Laws moved to adopt same, Winthrop seconded, all YES on roll call vote. (Reso. 91-38) OTHER BUSINESS FROM COUNCIL MEMBERS: Councilor Laws reported on the upcoming schedule for the Governor's Regional Meetings on Ballot Measure 5 and said many volunteers are needed to conduct interviews, hold workshops, etc. ADJOURNMENT: The meeting adjourned at 9: 15 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council — September 17, 1991 - P. 3 n a ter.- rodamatton I � f:. / I ' WHEREAS, the President of the United States of America, George � I Bush, during the signing of the Americans with ?`< _. Disabilities Act of 1990, declared, "The shameful wall of exclusion for people with disabilities is finally tumbling down"; and WHEREAS, people with disabilities can now aspire to live a life of quality with tolerance and freedom from barriers of discrimination; and A �'r 1 WHEREAS, we, the citizens of Ashland take great pride in the „t; heritage of our diversity fused with the oneness of our �Fu future as affirmed in our state motto, "She Flies With Her w Own Wings"; and WHEREAS, we celebrate Ashland's employers and others who n� recognize the abilities of our workers and not their ;F i disabilities. ;•" t#IjiF; NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim October 1991 as: ♦II! Ilu d•a �^• rrr Sun� a DISABILITY EMPLOYMENT AWARENESS MONTH .r;: ,, . in Ashland and encourage all citizens to join in this observance. „ 1; 3$i Dated this day of October, 1991 . 2� p Catherine M. Golden, Mayor i 1 FFLp I an E. Franklin, i ecor er I 2„ I1 �(\ i i .a Ian lJ� N?r.�L✓a X.Sflry3L{•. t C-lI �e aq R/1 S N S.\\�da v K x.—.iA �n A /u/ lllx rt0 r W\\ Iro Y r al\\ I/N r \f r\HIY G•iU' I\\ /ryy /�"�" 1\ NI r '•"A 'I /lo f+ .•v „e '4Ux/NI/` wNygV\\/IVV�! Y Y\\Yb� •..... Nl\I/Yty. Y /Y\\Np\'t � M'� an`3$. �..o u m /x wi,x.f/f �? wt t . .� ai i!!qt � iv n a •tr ri 1�rw5�o. tJ^ .Vwn. a •-t•m ro 'yw !- 4 "V n, irv' ^Vhn, tuw ,tee H '1!;5 1 A 5 t w7 r • ",v7 y'u.Y 6f oe 7 ':5✓ / ✓ i 'ul r ,:<v�i'a�.nr�i �s�t s}r'� �"eTi�`r a- J i F _vi7 ! _ c?.r.__y 1, !4s 0 i}3 >aa t i . d. �1 WHEREAS, the Ashland Cable Access Channel has provided '� Ashland and Jackson County cable viewers with {<�; #t, hundreds of hours of locally originated programming since February 1990; and i.� f WHEREAS, ACAC has assisted the City of Ashland on keeping its R+r ! Y citizens better informed about their city government through live programming of public meetings, and . special presentations of other current issues; and #!J, WHEREAS, ACAC has assisted Southern Oregon State College in ; fu• becoming more visible in the region, and in s providing practical training for students looking to careers in broadcasting; and WHEREAS, ACAC has made Ashland residents more informed about (i( rt health issues and the availability of local health < yl care through its partnership with Ashland Community Hospital. �np a NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, do hereby proclaim the week of October 6-12 , 1991 tilL __r # "NATIONAL LOCAL CABLE PROGRAMMING WEEK" �:,. .� in Ashland, and urge all citizens to take advantage of the ;zetr -j programs and facilities of the Ashland Cable Access Channel, which provides local cable programming -- T.V. that hits „rd Ms :.r., home. t� Dated this day of October, 1991. = ( '• e:iu::; _t1 Catherine M. Golden, Mayor n {y � nk,x- .` . - Nan E. Franklin, City Recorder i SUSS :I I N itt.4..5 tI 3 I F - x f € Afl a aafi y11C^'Gp�u, : f'. f -�v#, >,4'c,i�lY...�l //F "r...✓ •!� i..r�wai"/,4 Vli1 � A -14 ..........., kI t- 3 W: 07 i a a Q LM Vrachunatt-On Tiiflnn� Ili, WHEREAS, Ashland's citizens practice good waste reduction and ttMA O recycling habits everyday -- by buying wisely, reusing items, separating recyclables, and returning bottles to the t{{F store; and _04 WHEREAS, unanimous passage of the recycling bill by the 1991 Legislature will help our state meet the solid waste challenges of the future and preserve our natural resources and quality of life; and WHEREAS, waste reduction and recycling opportunities for each of us will be expanded among our industries businesses A..--- schools and neighborhoods. 'am J�o NOW THEREFORE, 1, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim October 5-12, 1991 as: RECYCLING AWARENESS WEEK ...... in Ashland and encourage each person to practice the waste reduction and recycling activities that are so vital to our area's future, its natural resources, and its quality of life. Dated this day of October, 1991 . P, fx, > 11 h li ,, at ern e M. Uolden, mayor it$h S t. hv- Nan E. Franklin, City R_e_co_FTe_r ...... mv " - J# t/�1�1 \ ' /k /!n\li 4 , - / d _�(,\p._N•\• 1 '.:/:/ ( -,.\ J -/r� `�\ --3 1! 5 l i''`:r�'�"Ilh\w[G^�,)��� vrodatnatwn WHEREAS, at the end of World War II many Christians wanted tot,7=:: share America's abundance with European war victims, jp2 'il and CROP and Church World Service's first purpose I�.,.•._,. was to. gather wheat and .other crops from American farms for shipment to Europe; and WHEREAS over the years Church World Service CROP has ( = r. ti €tE11y, increased its urban appeals while remaining in ; contact with its rural constituents; and Al---"/ WHEREAS, Church World Service/CROP has moved from primarily ,£y,,., providing resources for emergency relief to e=,! �c\... )tnr? ;G Z, supporting long-range self-help programs emphasizing : •:�,<«,\ agricultural development, appropriate technolo water resource development, and primary health care; and j" WHEREAS, the Annual Fall CROP Walk will be held on October 6, ee_ 1991 in support of this or anization to hel our community become aware of and concerned about global 9io- hunger and its causes and effects on all of us. NOW THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland do hereby proclaim Sunday, October 6, 1991, as: t�},;. 4. "CROP WALK DAY IN ASHLAND" k \„ and urge the citizens of Ashland to participate with the National Council of Churches to support this Walk. �e tii �ttt Dated this day of October, 1991. ,zf Catherine M. Golden, Mayor k,it Nan E. Franklin, City Recorder y€` ;sex. •e a ems: ,a(ltvyL/1�afv lv, e eF �t '_ atey F t`� -� 9/ - 1 )f? �.. fit • ran-f' •, •//N a//N ,\U Il/ - h1/ 11\Ill 11\//p i) uy/��- .,:., ,:�., \�«�`QV .: Va:�:<�,�Jj �'/\ .a,�'.. ..:..�i \ ♦E�,... \ .,. ,,.wq 1{�.'. v \o��,_ r �`h /� •I �r 4x�,.` ry,•ar .m .4ii � •✓-- �J 1�V �,1, '' !,u'� r�/ti: !,„: r nJ �., i - v el l7 w WHEREAS, home fires killed every 100 minutes in the United nni, a States in 1990; and 9\r LIP, ( 4 ltfs W;) WHEREAS, more than 4, 000 fire deaths - about 80$ of total US fire deaths - occurred in the home in 1990; and mE m WHEREAS, children under age 6 and older adults age 65 or over ' >�' have the hi dying f_� na• highest risk of d in in home fires; and T' i _ :�w - nu.. . «t! WHEREAS, fire destroys property at the rate of hundreds of (lts4; dollars per second each year totalling over seven i „ !'_ ° billion dollars annually; and ", WHEREAS, the Ashland Fire Department and fire services >" throughout the State of Oregon. are dedicated to the ear safety of life and property of its protected citizens from the devastating effects of fire, and } I recognize the value of fire safety education for jcrr everyone, young and old alike; and WHEREAS, the members of the fire service are joined by the citizens of this community, businesses, schools, y„ service clubs and organizations in their efforts .r ijf til towards fire prevention. NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland do hereby !f _- y proclaim the week of October 6-12, 1991, ''• ,tf as: .vitro c rte �. r•�av ,a,io„ NATIONAL FIRE PREVENTION WEER g pv and call upon the people of Ashland to participate in !! >! v: s»°< f7�J#� .• activities at home, work and school, and to remember, as the ;sl 1991 National Fire Prevention Week suggests: FIRE WONT ( : �r "... WAIT - PLAN YOUR ESCAPE! " � y Dated this day of October, 1991 a=a. niw Catherine Golden J i` _r-.. Mayor = w 1 {'u, Nan Franklin 9 , 'I _ ;=4; City Recorder mf 1411 �,':•�i(r-�\lam ��,,i�c> otll �nL ,,�.sssm \Y f- n �A�l f r'� su'�- n $€i � � >>Ul '. i An._`•(i �*` uS A Jo ,�x 1i i ,�� n yir�>,,`'v a� t unv �ii� aoarq\ vaD/ •`• r...." awr r^" \ r � .,....• m na ! ---A....,.. 4�Y♦ 4 �•fl.N�!/ 'f�ri.. . .�/ 4V/ �pr• w; .��\ � Sir \I/V t Y. M1\VI t (( �: __ r.l.. d/ L ��"'-'•. 4M\�=. �. {.. _ �/44�aq t *.� 7 'i.U�NN t 1 , � /^`. ft�-'d !•i � ;�r. 1(Y'\', /�,u 'I V�I i�. 'r 1 �r 1,� � 'rrll i^r£! u�...:• ! +"\kaput r�i<: f lrr >s � W�.�i" 7n �•-' 177�+F "� 't',¢vY i 1 Y i �' d H 7 7 't n Ar� 7x V -0' �u F r WHEREAS, tobacco is the cause of approximately 434, 000 a11d� :I premature deaths annually, and the U.S. Congressional Office of Technology Assessment estimates that tobacco-related diseases cost the (((IF= nation $65 billion annually in medical costs, _ including productivity loss; and "n WHEREAS, the 1988 Report of the Surgeon General has declared y that tobacco is an addictive drug and that its early use by a young person will likely lead to an �1; addition to tobacco; and fill "`. WHEREAS, every year nearly two million American children begin cigarette smoking or using smokeless tobacco, and that at least 60 percent of these children are under 14 years; and ;.� WHEREAS, the State of Oregon prohibits the sale of tobaccoFF • products to any person under 18 years of age and -� further, prohibits the possession of tobacco „ products by any person under 18 years of age; and I(l. `- WHEREAS, the Medford Mayor's Youth Commission, the youth of Southern Oregon Drug Awareness and the Ashland High tt „.��. School REACH students have completed surveys which document that Jackson County youth find it very easy r to buy tobacco products locally. L°= NOW THEREFORE, I, Catherine Golden, Mayor of the City ofH? , e I Ashland, do hereby proclaim October 1991 as STAMP month in N the City of Ashland, thereby expressing enthusiastic support for community fforts to retail the use of tobacco by �t(� °< children; and urging all retail merchants to inform their} g g �Qt►,' sales staff about ORS 163 .575, to request identification from ?` minors, and to post a notice of state law at their businesses warning minors against attempting to purchase tobacco Atl Bak products. mot: Dated this day of October, 1991. Catherine Golden, Mayor ,; Zc d• sfl 3syl >` Nan E. Franklin, City Recorder /�I1tII1t'# ' ' M ar ;Sl i von, r. vvv`� s /�v\n y .N ♦ d�,'�;_ a. �avl 'fj. a�3 r-t�& � r•'" t .€'d�`T. ASHLAND HISTORIC COMMISSION Minutes September 4, 1991 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Jane Dancer, Lorraine Whitten, Keith Chambers, Jean MacKenzie, Thomas Hunt and Le Hook. Also present were Senior Planner John McLaughlin, Secretary Sonja Akerman and Council Liaison Susan Reid. Commission member Deane Bradshaw was absent. APPROVAL OF MINUTES Whitten moved and Dancer seconded to approve the Minutes of the August 7, 1991 meeting as mailed. Motion passed unanimously. STAFF REPORTS PA 91-115 Variance 774 "B" Street Margot Pomeroy This application, McLaughlin stated, was originally approved by Staff, but called up for a public hearing last month. The applicant would like to provide a covered parking area. A Variance is requested to reduce the front yard setback from 20 feet to ten feet. Because of the way the property was partitioned a few years ago, 7th Street is considered to be the front yard and 'B" Street is considered to be the side yard. However, 7th Street functions as the side yard. The Commission had problems with the elevations presented in the packet for the August meeting, therefore, had requested the applicant to attend a Review Board meeting. Hunt and Skibby reported the applicant had met with the Board and had agreed to revise the plans. Pete Peterson, presented photos of what the carport will look like and stated they plan to have horizontal shiplap siding on the front, will enclose the gable end and incorporate a steeper roof pitch. Barbara Hilyer, 165 7th Street, stated she owns the adjacent property and her front yard (on 7th Street) had to maintain the 20 foot setback. She has a three foot fence back 20 feet, then it is six feet high. The carport will obstruct her view. She feels it could be moved closer to the house so it will be 20 feet back and within the six foot portion of her fence, although she conceded the filbert tree would have to be removed and it would impact upon the existing patio. Whitten questioned McLaughlin about Staff feeling regarding the accommodation of a neighbor's view. He answered Variances are weighed upon impacts, and there has to be a balance of negative impacts. Dale Rooklyn, 137 7th Street, stated the neighborhood is going through a renaissance now and feels a carport will not fit in. He suggested a better design and would like to see more planning and design go into it. He also stated he was not against the owner building a covered parking area, but there are virtually no detached carports in the area. Margot Pomeroy stated she would like to keep the area open and free, so she decided a carport would best suit her needs. A garage would take up more space. Also, she has no backyard. Peterson added they want to create something aesthetically pleasing. The Commission agreed the roof pitch should be steeper, the gable end should be closed in and that a set of full elevations is needed. Chambers moved to recommend nothing to the Planning Commission regarding the Variance, but to make a statement the proposed carport will have an impact on the neighbor and there is a potential impact on the streetscape. Also, the applicant is requested to submit a set of revised drawings at a Review Board meeting to clarify the design and incorporate the above recommendations. At that time, the Review Board will act on the design. Hook seconded the motion. Whitten amended the motion to include the fact that the Commission recognizes the property owner's need for privacy and a covered parking area. The motion, as amended, passed unanimously. PA 91-126 Conditional Use Permit 574 East Main Street Bob/Lenna Burton McLaughlin explained this application is for four units to be used as traveller's accommodation and/or residential units. Parking access is off the alley and they have six spaces already. The proposal consists of upgrading the existing house, adding on to the studio and constructing a new two unit structure. The property is zoned C-1 and Staff feels this is an appropriate use. Bob Meiser, designer and contractor for the project, clarified the site plan and elevations. Whitten stated her concerns regarding the lack of setback requirements for commercial zones. Even though it is zoned commercial, the nature of the neighborhood is residential. Also, she would like to see the scale cut back instead of maximizing the property. Meiser said the design is in the planning stage and that he would speak with the owner about Historic Commission concerns. Ashland Historic Commission Minutes September 4, 1991 Page 2 Chambers expressed his concern about taking the existing studio/rental unit and turning it into a tourist accommodation. Meiser stated the owner would not only rent the units as over night rooms, but also as long-term rentals, as each unit will have a fully equipped kitchen. Also, he will not rent them as traveller's accommodations until he moves back to Ashland in about five years. Whitten moved to approve the concept of the additional rental units, advising that the owner look at an alternative to building on the property line, while noting the new structure will be visible from Siskiyou Boulevard, and realizing this property is between the Carter house (which is on the National Historic Register) and a small cottage designed by Frank Clark. Hook seconded the motion and it was unanimously approved. PA 91-123 Conditional Use Permit 868 "A" Street Betty Camner The applicant would like to convert an existing garage into a studio apartment, McLaughlin explained0. It could eventually be converted to office space or an accessory use to the owner's salon. Bill Emerson, designer, stated that because the house has aluminum siding, the owner would eventually like to side the garage in vinyl because of the low maintenance. He remarked they will be taking an existing structure and making it better. He also noted two changes from the original elevations. Hook moved to recommend approval of the application with the stipulation horizontal siding be used and that the preference be other than vinyl or T-1-11. Whitten seconded the motion and it passed unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of August follow: Ann Clouse 70 Water St. Exterior Door Ann Clouse 70 Water St. Remodel Shed Karen Giese 70 4th St. Shop George Goddard 115 Bush St. Re-roof Bill Pettit 301 Hillcrest St. Remodel Will Hilligoss 822 Blaine St. SFR Don Ballew 248 "A" St. Re-roof Kathleen Phoenix 665 E. Main St. Foundation Repair Oak Street Cottages 171 Oak St. Sign Ashland Historic Commission Minutes September 4, 1991 Page 3 Coolidge House B & B 137 N. Main St. Sign Lithia Stationers 21 Winburn Way Sign Bill Griffen & Associates 110 Lithia Way Sign Gen Kai 180 Lithia Way Sign Hersey House 451 N. Main St. Sign OLD BUSINESS 228 "B" Street Michael O'Brien (184 "B" Street) and Jackie Sims (269 "B" Street) explained the 'B"Street Historic Neighborhood Association and gave the Commission copies of a petition that was circulated requesting the City of Ashland take all appropriate measures to preserve this historic home, which was damaged by a fire on August 2nd. Sims stated they were able to obtain 105 signatures within a five block radius of the area. O'Brien added he has lived next door for years and has noticed the regression of the house over the past 11 years, also that it has been used by transients for the past year. This not only involves property devaluation, but also health and safety factors. They wondered if the City could help protect the house or put on a temporary roof. John Groover (136 'B" Street) stated the owners have been approached by numerous people over the years who have wanted to buy the house and by people willing to help repair it. Sims added many people have been willing to donate time and/or material in the restoration. Debbie Whitall (350 "B" Street) stated she lives next to the house that burned last fall, so this is very emotional for her. She is truly concerned with health and safety, but would hate to see this house sit there so long the same thing happens. Bill Emerson (90 5th Street) commented that after the ordinances were passed following the Applegate house move, more demolitions have occurred than ever before. Freddie Weishahn (338 "B" Street) asked if this could be taken to the Planning Commission and/or City Council. Chambers remarked this is an issue of the community uniting to save a historic house which is of real significance to all of Ashland. It was decided the Commission will write a letter of concern to the owners, with copies to the Mayor, City Council and Planning Commission. The owners will be invited to attend a meeting. Chambers and Skibby will draft the letter. Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: Ashland Historic Commission Minutes September 4, 1991 Page 4 September 5 Skibby, Lewis, Hunt and Dancer September 12 Whitten, Skibby, Dancer and Hunt September 19 Hook, Skibby, Chambers, Hunt and Whitten September 26 Hook, Skibby, MacKenzie, Hunt and Dancer Site Design and Use Guidelines Revision Hook suggested "or vinyl" should be added to #9 on page 54. Skibby suggested page 67, #5 should read '"Two-story development is encouraged downtown on new developments, with the second stories . . . . ." NEW BUSINESS Mark Antonv Skibby advised the Commission the copper marquee on the Mark Antony Hotel has been covered with plywood, then painted and lettering put up. Since the hotel is on the National Register, any exterior change needs to be approved by the State Historic Preservation Office, and it may affect the tax exempt status. It was decided a letter should be written to the owner or manager. Election of Officers Whitten moved and Hook seconded to retain the current officers and liaisons. Motion passed unanimously. MacKenzie moved to nominate Skibby as Vice Chairperson. Whitten seconded the motion and it was unanimously passed. Lewis will remain Chairperson, Whitten will remain Council Liaison and Skibby will remain Planning Commission Liaison. National Historic Register Nominations Whitten moved and Hook seconded to recommend approval of National Historic Register nominations of 407 Scenic Drive and 52 Granite Street. Hunt declared himself as owner of 407 Scenic Drive. The motion passed unanimously. ADJOURNMENT It was the unanimous decisions of the Commission to adjourn the meeting at 10:30 p.m. Ashland Historic Commission Minutes September 4, 1991 Page 5 CITY OF ASHLAND PARKS AND RECREATION COMMISSION REQJ7"AR_ MEET I NG M I NLJZ'ES August 26, 1991 Vice-Chair Alsing called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Al Alsing, Lee Howard, Wes Reynolds, Ken Mickelsen Absent: Tom Pyle, Patricia Adams i I. ADDITIONS OR DELETIONS TO THE AGENDA Director Mickelsen reported that he had received a request to keep the Meyer Pool open for lap swimming between Labor Day weekend and the time that the SOSC pool will be open. It was scheduled as a topic under New Business. 11. APPROVAL OF MINUTES Commissioner Reynolds made a motion to approve the minutes for the July 22, 1991 Regular Meeting as written. Commissioner Howard seconded. The vote was: 3 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Howard made a motion to approve the previous month's disbursements as indicated by Payables checks #5345 - 5486 in the amount of $ 73,494.54 and Payroll checks #4674 - 4787 in the amount of $ 38,221.93. Commissioner Reynolds seconded. The vote was: 3 yes - 0 no B. Letter from GFOA Director Mickelsen forwarded a letter to the Commission from Dotty Tryk, Oregon GFOA Representative, who had offered to make a formal presentation to the Commission for the Certificate of Achievement for fiscal year 1989-90 if the Commission chose to do so. The Commissioners indicated that they did not particularly need a formal presentation. IV. AUDIENCE PARTICIPATION ON THE AGENDA None Ashland Parks and Recreation Commission Page 2 Regular Meeting - August 26, 1991 V. AUDIENCE PARTICIPATION NOT ON THE AC,ENDA A. Ashland Firefighters' Association A representative from Ashland's Firefighters' Association was in the audience to request that the Commission permit the use of the turnaround area near the Bandshell in Lithia Park for a "Fill the Boot" toll station to collect funds on behalf of the Muscular Dystrophy Association over Labor Day weekend. The Commissioners listened to and briefly discussed the request to waive the policy on soliciting in or near the park. After the presentation, Commissioners briefly discussed the request and generally stated the opinion that it would be in the best interest of the park and park users to keep all soliciting of funds out of Lithia Park. Commissioner Alsing stated that he believed keeping to a clear policy which allowed no soliciting was preferable to having the Commission as a public body administering public lands choose on a case to case basis which causes were appropriate or not appropriate to be allowed to solicit in the park. MOTION Commissioner Reynolds made a motion to deny permission for the Firefighters to solicit funds in that location and to uphold the Commission's policy prohibiting any kind of solicitation of funds in Lithia Park or along that portion of Winburn Way which is considered part of the park. Commissioner Howard seconded. The vote was: 3 yes - 0 no VI. NEW BUSINESS A. Authorization for Deferred Compensation Plan Director Mickelsen presented a memorandum to the Commission indicating that department staff was requesting that AETNA, Life Insurance Annuity Company be approved to offer a 457 Deferred Compensation Plan. The City of Ashland has just approved AEINA to offer such a plan to city employees. MOTION Commissioner Reynolds made a motion to adopt a resolution to approve AEA Life Insurance Annuity Company offering 'a 457 Deferred Compensation Plan to department employees. Commissioner Howard seconded. The vote was: 3 yes - 0 no B. O.S.F.A. Request for Use of Park Property The Commission reviewed a letter from Jim McNamara, Pavilion Project Manager for the Oregon Shakespearean Festival , which requested use of park property just down from the outdoor theater for an emergency pathway at the West side of the theater. The letter which included a preliminary design for the pathway on park property indicated that State of Oregon Building Codes mandated a minimum six foot wide exitway from that location for the new pavilion. MOTION After reviewing the design and discussing the request with staff which had met" with Festival representatives on the site, Commissioner Howard made a motion to approve the Festival 's request provided O.S.F.A. agreed to the following conditions: Ashland Parks and Recreation Commission Page 3 Regular Meeting - August 26, 1991 NEW BUSINESS - con't. Festival request to use park property - con' t. 1. That all construction plans for the pathway including specific location is formally approved by the Commission. 2. That all access points to the work site on park property be approved by the Ashland Parks and Recreation Department and that no motorized equipment be used on the site unless specific permission is granted by the department. 3. That there is no removal of any type of vegetation on the site unless specific permission is granted by the department. 4. That special precautions are taken to protect the waterway that flows near and under the building to the waterfall at the front entrance to Lithia Park. Any interruption or damage to the waterway will be repaired to Ashland Parks and Recreation Department standards by either the contractor or the Festival . 5. That the Festival will pay for all costs associated with providing vegetation for screening the pathway according to specifications set forth by the Department. 6. That the Festival agrees to accept all ongoing and long term upkeep, maintenance and repair responsibilities for the pathway as part of the Festival complex and that the Festival understands that the Ashland Parks and Recreation Commission accepts no responsibility for upkeep, maintenance and repair of the pathway as part of the park system. Commissioner Reynolds seconded. The vote was: 3 yes - 0 no C. Request to keep Meyer Pool open for lap swimming Commissioner Howard indicated that he could support the request as long as the department did not have to subsidize any costs. Director Mickelsen indicated that last year the Commission extended lap swimming for the Noon and evening hours only, turned off the gas heat so that the water was only heated by the solar panels, and generated approximately $500 worth of revenues. Since the only cost for staying open would be for staffing and chemicals, he believed the pool could be kept open and at least break even. MOTION After brief discussion, Commissioner Howard made a motion to extend operations hours for the Meyer Pool through September 15, 1991 for lap swimming only offering noon and evening hours Monday 'through Friday and only the noon hour on Saturdays and Sundays. Commissioner Reynolds seconded. The vote was: 3 yes - 0 no Ashland Parks and Recreation Commission Page 4 Regular Meeting - August 26, 1991 VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT A. Study Session to discuss Open Space survey Director Mickelsen said that Chair Adams had asked him to suggest that the Commission set a date for a Study Session to discuss the results of the Open Space survey. The Commissioners set a tentative date of September 11, 1991 which would be confirmed with the two absent Commissioners to see if that date were possible for them. Director Mickelsen said that on the day of the Study Session he also recommended that the Commission tour several park sites such as the Greenway pond areas so that the Commission could see the work that has been- taking place in those areas. B. Letter from Ashland's Marketplace The Commission reviewed a brief letter from Judie Bunch of the Ashland Marketplace requesting an opportunity to discuss this summer's marketplace and the Commission's plans for Calle Guanajuato in 1992. The Commission asked Director Mickelsen to contact Ms. Bunch to let her know that. the Marketplace would be placed on the September Regular Meeting agenda. IX. ITEMS FROM CCMMISSIONERS Commissioner Howard reported that he had just returned from a meeting of the N. . W. Regional Council as representative from O.P.R.S. and indicated . that there were two items which he briefly wanted to relay to the Commission. The first was information concerning a national/worldwide computer networking system for accessing information on all kinds of items/issues concerning parks and recreation. And secondly, information concerning the national law and guidelines for conformance on handicapped access. Director Mickelsen also indicated that he had received a copy of the new guidelines. X. NEXT MONTH'S AGENDA It was determined that the date for the next Regular Meeting would be set at the Study Session on September 11 , 1991 . XI. ADJOURPIAENT With no further business, Vice-Chair Alsing adjourned the meeting. Respectfully submitted, Ann Benedict, Administrative Assistant Ashland Parks and Recreation Department ECONOMIC DEVELOPMENT SUBCOMMITTEE Minutes September 10, 1991 Rose Otte called the meeting to order at 3: 35p.m. in City Hall. Committee members Don Laws, Sabra Hoffman, Anne Meredith and Jill Turner were present. The first part of the meeting was spent clarifying the purpose of these funds. The subcommittee is in agreement that the overriding purpose is for Tourism promotion. It was decided that the City of Ashland guidelines for decision making are to: A. Increase tourism. B. Encourage the growth and enrichment of activities available for tourists. , C. Improve the long term development of Ashland D. Encourage funded groups to become self supporting. The subcommittee then went through the draft application on a line by line basis. The revised application and introductory letter are attached. H:pamp\jill\econ9-91 .f ECONOMIC DEVELOPMENT SUBCOMMITTEE May 23 , 1991 Rose Otte called the meeting to order at 2 : 11 p.m. in the council chambers. Present were subcommittee members Don Laws, Anne Meredith, and Sabra Hoffman (arrived at 2 : 10) . Also present were Jill Turner, Sandra James (Chamber Director) , Laura Vogel (Chamber Administrative Assistant) , Michael Gibbs (Chamber- Visitor and Convention Bureau) , and Robert Scholl (Pacific Institute of Natural Sciences) . Lois Wenker (Chamber President and Budget Committee Chair) arrived at 2 : 30. Minutes from the meeting of May 2 were distributed for approval . Laws requested an amendment to the minutes regarding the discussion held concerning whether the Ordinance should guarantee that the first four percent be allocated to the City and the remaining balance dedicated to economic development. Meredith moved that the minutes be approved.,as amended. Hoffman seconded. All ayes on voice vote. Michael Gibbs had discussed the possibility of an increase in tax with several people and received two points of view. One was that the increase would be acceptable as long as there was a guarantee of no additional tax with an ordinance change. The opposing view would want a referendum in order to change from the current status. He felt there was a 50/50 opinion split. Robert Scholl, of the Pacific Institute of Natural Sciences, discussed his understanding of the criteria for disbursing funds and how PINS relates to the criteria since it is not an "emerging arts group. " He felt the funds should not be limited to arts groups but to others who also contribute to tourism. Meredith asked about attendance projections. Scholl stated that the projected annual attendance is 100, 000 persons per year, 22% of which would be Shakespeare patrons and the balance persons within 2 1/2 hours driving time. He felt that 5% would spend an additional night in Ashland, but that most would be day trips. The Institute will be marketed throughout the west coast with an anticipated opening in 1993 . The beginning budget of $8 . 5 million dollars is up to $10. 5 million, with $5 million still needing to be raised. A discussion was held regarding the purpose of the 2 . 5% fund increase and the criteria for the distribution of funding. Otte stated that the purpose of the fund was for arts development, arts promotion, and tourism promotion. Meredith felt that the funding should not be a one-time occurrence but a long term approach. She felt the committee should invest in emerging groups but not continue supporting them once they are established. Hoffman felt the funding should be broader than arts organizations, but concentrating on tourism promotion. The Page Two Economic Development May 23, 1991 organization should have to demonstrate how they contribute to the tourist climate. Otte stated that the purposes of the 2.5 fund increase are arts development, arts promotion, and tourism promotion. Sandra James felt that there had been no consistency in funding in the past. James also expressed that funding from the City shows support for an organization while it is in the process of . fund raising. Laws felt that new arts should be encouraged, concentrating on those that promote long-term tourism and those that will bring the most tourists to ,Ashland. ., Otte felt that grants should not be limited to arts and sciences but that maybe a limit could be placed on grant amounts. Sandra James suggested that applicants be asked questions such as what they would do if they do not receive City money or only a portion of what was requested. Otte emphasized the purpose of the 2.5% fund and felt that a dollar limit on grants was not appropriate. She felt that a more specific grant application should be developed. Hoffman felt that capital expense should not be funded. Hoffman left at 3:20. Otte suggested that the Parks Commission finance a Monday night in the park. Pat Adams, Chair of Parks Commission, had been invited to attend but was unable. Otte suggested a joint meeting between Parks and Economic Development to explore the Monday night possibilities. Wenker, Chamber of Commerce representatives, and Scholl left at 3:40. Meredith suggested developing better grant format and strict criteria. Otte suggested including an evaluation asking what applicant does for tourism and requesting attendance figures. Criteria and forms will be discussed at the next meeting, scheduled for June 19, 1991, 3:00 p.m. at the Pioneer Hall. Meeting adjourned at 3: 50. H: \pamp\jill\econdev.min ECONOMIC DEVELOPMENT SUBCOMMITTEE MAY 2 , 1991 Rose Otte called the meeting to order at 2 : 10 p.m. in the jury room. Present were sub-committee members Don Laws, Anne Meredith, and Sabra Hoffman. Also Present were Jill Turner, Sandra James (Chamber Director) , Michael Jones (Shakespeare) , Barbara Allen (Chamber Business Facilitating Committee) ,. Michael Gibbs (Chamber -Visitor and Convention Bureau) , Laura Vogel (Chamber Staff) , Corky Leister (SOREDI) and Lois Wenker (Chamber President and Budget Committee Chair) . The purpose of the meeting was to explore better ways to allocate the Economic Development Budget and to review the committee's priorities. Rose distributed her letter of concerns. Michael Gibbs stated that the money spent on Tourism Promotion is well spent. It is life capital and the return is shown in future revenues. He believes that the reason the previous room tax increases failed was because there was little return for the industry. Gibbs stated he would be willing to work with the industry groups and explore the possibility of increasing the tax. Discussion centered around the possibility of an extra tax. Other issues discussed was whether the Ordinance should guarantee that the first four percent be allocated to the City and that the remaining balance dedicated to economic development. Corky Leister said there is always a need for more economic development funding whether it be for tourism or for general economic development. It was decided that Michael Gibbs and the Chamber would explore funding ideas with other lodging representatives to decide if they are receptive to any change in the tax. The next meeting was set for May 23rd at 2 :00 p.m. in the Council Chambers. Approved as amended at May 23 meeting. H:\pamp\jill\edcmay.min ti ECONOMIC DEVELOPMENT SUBCOMMITTEE June 19, 1991 The meeting began at 3 : 15 p.m. with committee members Otte, taws, and Finance Director Turner present. Otte reviewed what economic development funds are used for, what percent of transient occupancy tax is dedicated to this account, and what the criteria should be by which funds are allocated. The following criteria were discussed as needing to be considered when allocating funds: a) Does request for funds meet goal of economic development b) Track record of organizations contribution to Ashland's economic development , c) Require list of board members, officers, lengths of service, occupations d) Require organization to have bylaws and proof of non- profit status on file with City have bylaws on file with City e) Require 3 year financial statement including last year, current year, and next year projection f) must state a specific purpose of funds requested A discussion was held regarding criteria and what other questions should be asked on grant application. Otte stated that the Economic Development Committee should receive copies of anything sent to groups. Laws suggested stating in the grant application letter that if all questions are not answered properly, the application would be disqualified. It was also suggested that applicants be limited to culturally related organizations. Otte stated that future Budget Committees consider the State Ballet of Oregon as one of any number of non-profit organizations which have the potential of impacting the economic development of Ashland. The renaming of the committee from economic development to tourism was discussed. It was decided not to rename the committee but to state in the application letter that the funds are to be used to promote economic development through tourism. The discussion concerning the revision of the grant application with the following suggested questions to be included on the application: Economic Development Subcommittee June 19, 1991 Page 2 1. How will funds be used to meet goals of economic development 2. Purpose of grant 3 . How will organization promote Ashland economy during the next year, during next five years 4 . If you have received a grant from the City of Ashland in the past, how did your organization use these funds to promote economic development in Ashland? (Answer should include statistics relating to percentage of increase in attracting tourists to Ashland, etc. ) Otte talked with Pat Adams of the Parks Commission regarding idea of arts events in the park and the money Parks gives to State Ballet of Oregon. Parks does. not plan to continue this contribution because they receive no accounting for use of the funds. It is possible that other arts groups could use the bandshell on Monday nights. This will be discussed at the next Parks Commission meeting. Turner will send draft of revised grant application to Parks Commission and Economic Development committee members. Meeting adjourned 3 :55. H:\pamp\jill\econdev.619 eF Ash`.,% : � .,. W APmorandum September 16, 1991 O4EG0� Mayor and City Council ram: Ashland Historic Commission p�1t�IjEt : NATIONAL HISTORIC REGISTER NOMINATIONS At its regularly scheduled meeting of September 4, 1991 the Historic Commission unanimously agreed to recommend favorable approval of the S. and Sarah J. Pedigrift House, located at 407 Scenic Drive and the Emil Peil and Alice Applegate House, located at 52 Granite Street. LEAGUE OF OREGON CITIES 1991 ANNUAL CONFERENCE AND BUSINESS MEETING Designation of Voting Delegate At Annual Business Meeting The annual business meeting will be held Monday,November 11, at 7:30 a.m. Each city is entitled to cast one vote at the business meeting; all city officials are encouraged to attend. Use this form to indicate those persons who will represent your city as a voting delegate and aftemate delegate. The voting delegate or aftemate should pick up a voting card at the Conference Registration Desk on Monday morning prior to the business meeting. NOTE: Delegates may not vote without a voting card and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. VOTING DELEGATE Name Title ALTERNATE Name Title Submitted by: (Signature) Name (Print) Title City Telephone Return by October 31 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 �1-0cL 9/d 7191 KITTELSON & ASSOCIATES, INC. 5700-1 TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 1455 RESPONSE ROAD.SUITE 120 • SACRAMENTO.GA 95815 (916)6499033 • FAX(916)6499034 September 27, 1991 Project No.: 624.00 Mr. Lloyd Haines 290 N. Main Street Suite 5 Ashland, OR 97520 SUBJECT: ASHLAND CREEK INN Dear Mr. Haines: This letter transmits Kittelson&Associates' analysis of the existing traffic conditions in the vicinity of the proposed Ashland Creek Inn development,the traffic expected to be generated by the proposed development, and the anticipated traffic conditions in the vicinity of the project with the addition of project ge traffic.nerated trac. The results of the analysis indicate that current traffic operations are below threshold levels and also indicate that the project will not generate significant amounts of traffic nor will the additional traffic have any significant impact on traffic operations. In fact, the proposed project represents a significant reduction in traffic over allowed uses in the C1 Zone of the City of Ashland. The remainder of this letter contains a detailed analysis of the project. BACKGROUND The proposed project located on the block bounded by C Street, Helman Street, Central Street, and Water Street in Ashland, Oregon. The proposal is for an integrated mixed-use condominium development consisting of three components: residential/hotel,office and retail. Total square footage of the project is approximately 66,000 square feet. The primary transportation facility is C Street/N. Main Street, which is also US 99. This is the major north/south facility traversing through Ashland. South of Helman Street,N.Main and C Streets operate as a one-way couplet with two lanes in each direction. North of Helman Street, N. Main and C Street combine and continue north as one 4-lane facility. Mr. Floyd Haines September 27, 1991 Page 2 Other streets serving the project site are Holman Street, Central Avenue, and Water Street. These are all minor streets varying in width from 34-32 feet. The residential/hotel element is designed to function on a flexible layout and ownership basis. The units may be owned outright by a single owner or by multiple owners on a "timeshare" basis. The units may also be rented over night as visitor accommodations. With the flexible design layout, there may be as few as 45 units as owner occupied spaces, or as many as 106 units as overnight accommodations. The project's office and retail spaces will also be divided as "air-space" condominium units: As currently configured, approximately 6,500 square feet of space is available and contains 1,998 square feet of office space and 4,500 square feet of retial. The retail element is expected to be of a specialty retail nature. Parking for the project is primarily located under the building. Total parking provided on- site is 125 spaces. An additional 25 spaces are available along the curbside of the fronting, streets. Access to the on-site parking facilities is via two driveways on Water Street and one driveway on Central Street. Sixty parking spaces are accessed from Water Street and 65 spaces are accessed from Central Street. PEAK HOUR TRAFFIC AND LEVELS OF SERVICE Current weekday afternoon peak hour traffic volumes were obtained by conducting turning movement traffic counts at the intersections of N. Main & Holman Street, Main and Water Street, and Holman Street and Central Avenue. The counts were conducted during the weeks of September 9, 16 and 23 and reflect operation of the Elizabethan Theater of the Oregon Shakespeare Festival. The current count information is shown in Figure 1. Intersections are the focus of operational analysis because these represent points of conflict between opposing movements of traffic and therefore, are the constraint to the street segments. If intersections can operate efficiently, the street segments associated with the intersections can be expected to even more operate efficiently. For example, a lane of traffic has a theoretical capacity of approximately 2,000 vehicles per hour. At a signalized intersection,this capacity is reduced by what ever percentage the signal is assigning right-of- way to the cross street traffic. If the green phase of the signal is split 50-50 between the two S r�� �• o B'ti j �o a 0 U Nfv� ` Helman St. *Ad Water St. m �o cj EXISTING CONDITIONS PM PEAK HOUR TRAFFIC ASHLAND CREEK INN Figure Se teinber 1991 nMqtE e24MI - - - - - - - - -- - - - - KI- TTELSON- - &- AS-- - - - - 0 TEL- - -No- .-Q16-649- - - -9034 Sep 27 ,91 -9-: 5-3 -No . 001 P . OS Mr. Lloyd Haines September 27, 1991 Page 4 intersecting streets, the effective capacity of the lane of traffic is reduced to 1,000 vehicles per hour. Level of Service (LOS) is a concept developed to quantify the degree of comfort (including such element as travel time, number of stops, total amount of stopped delay, and other impediments caused by vehicles) afford to drivers as they travel through an intersection or roadway segment. The 1985 Highway Capacity Manual includes a detailed methodology for calculating the LOS at both signalized and unsignalized intersections. Generally,LOS for signalized intersections is based on the average stopped delay per vehicle. Table 1 qualitatively describes the six recognized levels of service for signalized intersections, while Table 2 identifies the relationship between average stopped delay per vehicle and level of service. The calculation of LOS at an unsignalized intersection requires a different approach. At these locations, LOS is based upon the concept of"Reserve Capacity"(i.e., that portion of the available hourly capacity that is not used). A qualitative description of the various service levels associated with an unsignalized intersection is presented in Table 3. A quantitative definition of LOS for an unsignalized intersection is presented in Table 4. The reserve capacity concept applies only to an individual traffic movement or shared lane movements. Once the capacity of all the individual movements has been calculated and their LOS and expected delays determined, an overall evaluation of the intersection can be made. Normally the movement having the worst LOS defines the overall evaluation,but this may be tempered by engineering judgement. Past experience with the unsignalized analyses procedure indicates that this methodology is very conservative in that it tends to overestimate the magnitude of any potential problems. Therefore, the results of any unsignalized intersection analysis should be reviewed with this thoughtin mind. All LOS analyses described in this report were performed in accordance with the procedures described above. In order to insure that this analysis is based upon worst-case conditions, the P.M. peak hour was used for in the evaluation of all intersection levels of service and conservative trip distribution assumption were made. Thus, the analysis reflects conditions that are only likely to occur for 1 or 2 hours on an average weekday. For the remainder of each weekday, and throughout the weekends, traffic conditions within the study impact area are likely to be better that described in this report. Mr. Lloyd Haines September 27, 1991 Page 5 TABLE 1 LEVEL OF SERVICE DEFINITIONS (SIGNALIZED INTERSECTIONS) Level of Service Traffic Flow Characteristics A - Very low average stopped delay, less than five seconds per vehicle. This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Average stop delay is in the range of 5,1 to 15.0 seconds per vehicle. This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for LOS A, causing higher levels of average delay. C Average stopped delay is in the range of 15.1 to 25.0 seconds per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin,to appear in this level. The number of vehicles stopping is significant at this level, although many still pass through the intersection without stopping. D Average stopped delays are in the range of 25.1 to 40.0 seconds per vehicle. The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle length, or high volume/capacity ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Average stopped delays are in the range of 40.1 to 60.0 seconds per vehicle. This is considered to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high volume/capacity ratios. Individual cycle failures are frequent occurrences. F Average stop delay is in excess of 60 seconds per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with oversaturation. It may also occur at high volume/capacity ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing causes to such high delay levels. Note: A signal cycle failure is considered to occur when one or more vehicles are forced to wait through more than one green signal indication for a particular approach. Mr. Lloyd Haines September 27, 1991 Page 6 c TABLE 2 LEVEL-OF-SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Stopped Delay Per Vehicle Level of Service (Sec) A <= 5.0 B 5.1 to 15.0 C 15.1 to 25.0 D 25.1 to 40.0 E 40.0 to 60.0 F > 60.0 Source: Transportation Research Board,Highway Capacity Manual Special Report No. 209 (1985). Mr. Lloyd Haines September 27, 1991 Page 7 TABLE 3 GENERAL LEVEL OF SERVICE DESCRIPTIONS FOR UNSIGNALIZED INTERSECTIONS LOS General Description A Nearly all drivers find freedom of operation Very seldom is there more than one vehicle in the queue B Some drivers begin to consider the delay an inconvenience Occasionally there is more than one vehicle in the queue C Many times there is more than one vehicle in the queue Most drivers feel restricted, but not objectionably so D Often there is more than one vehicle in the queue - Drivers feel quite restricted E - Represents a condition in which the demand is near or equal to the probable maximum number of vehicles that can be accommodated by the movement - There is almost always more than one vehicle in the queue - Drivers find the delays to be approaching intolerable levels F - Forced flow Represents an intersection failure condition that is caused by geometric and/or operational constraints external to the intersection Mr. Lloyd Haines September 27, 1991 Page 8 TABLE 4 LEVEL OF SERVICE CRITERIA for UNSIGNALIZED INTERSECTIONS Reserve Capacity Level of Service Expected Delay to Minor (pcph"') Street Traffic >400 A Little or no delay 300-399 B Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0-99 E Very long traffic delays * F * When demand volume exceeds the capacity of the lane, extreme delays will be encountered with queuing which may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improvement to the intersection. 1. pcph=Passenger Cars Per Hour Mr. Lloyd Haines September 27, 1991. Page 9 The results of the LOS analysis are shown in Table 5. As shown in this Table, all locations currently operate at LOS 'B" or better. PROJECT GENERATED TRAFFIC AND TRIP DISTRIBUTION Estimates of daily and afternoon peak hour driveway volumes for the proposed project were developed from empirical observations taken at many different locations across the country for the different land uses contained in the project. These observations are summarized in a standard reference manual known as Trip Generation, 5th Edition, published by the Institute of Transportation Engineers. To provide a conservative analysis, it was assumed that the condominium development would operate exclusively in the overnight accommodations mode, referenced above. Therefore, the maximum number of rooms would be available and generate the most potential traffic. The trip generation information for this development is shown in Table 6. The distribution of site generated traffic is expected to be evenly split between the north and southbound directions, since there are neither transportation facilities or trip attractors to the east and west. Southbound,inbound traffic is expected to access the site via both Central Avenue and Water Streets in equal amounts. Northbound,inbound traffic is expected to use Helman Street. Northbound and southbound outgoing. traffic are expect to use Central Avenue and Water Street, respectively. Figure 2 shows this distribution of site generated traffic. Figure 3 is the assignment of site generated traffic based on the distribution shown in Figure 2. As can be seen from Figure 3, site generated, peak hour volumes will be very light on all of the streets surrounding the project. TRAFFIC OPERATIONS AND LEVELS-OF-SERVICE WITH THE PROJECT Figure 4 is the combination of Figure 1 and Figure 3,and represents the afternoon peak hour of the surrounding streets with the addition of project generated traffic. Level-of-service calculations for the existing plus project conditions are shown in Table 7. By comparing the information in Table 7 to the information contained in Table 3 for the exiting conditions, it can be seen that the conditions are for the most part identical and that the addition of site generated traffic will not have any adverse affect on traffic operations, nor will significant Mr. Lloyd Haines September 27, 1991 Page 10 TABLE 5 EXISTING LEVELS-OF-SERVICE Signalized Locations Unsignalized Locations Intersection Delay (sec) V/C' LOS Reserve Capacity LOS Main & Helman 5.2 0.412 B N/A N/A Main & Water N/A N/A N/A 388 B Helman & Central N/A N/A N/A 807 A 1. Volume to Capacity Ratio. Mr. Lloyd Haines September 27, 1991 Page 11 TABLE 6 SITE GENERATED TRAFFIC Daily Traffic PM Peak Hour Traffic Land Use Unit Size Rate(Unit Total In out Rate//Unit Total In out Motel Room 106 10.19 1,080 640 540 0.60 64 36 28 office 1,000 SF 1.998 (1) 73 36 86 (2) 10 2 8 Specialty Retail 1,000 SF 4.600 40.67 183 92 92 4P3 22 12 10 Total 1336 668 668 96 50 46 1. Based on Land Use 710 Daily Traffic Equation of- In(T)--0.756Ln(X)r3.765 Where: T=Trip Ends X-Gross Square Feet 2. Based on Land Use 710 PM Peak Hour Equation of: LnM--0.737Ln(X)+1.831 Where: T-Trip Ends X-Groes Square Feet �c 4Q ;F b� N 1 O Ln Holman St. 50% —► -° SITE o v° 0�0 25% Water St. 4j —�► e `0 DISTRIBUTION OF SITE GENERATED TRAFFIC 1ASHLAND CREEK INN Figure Se tember 1991 2 e2.im� �5 o n1 ►� 0 c 0 V XHalman St. ..i SITE Water St. m �o V SITE GENERATED TRAFFIC PM PEAK HOUR TRAFFIC Flyun IA' SHLANO CREEK INN Se tember 1991 3 m nOLM 620= KITTELSON & ASOC TEL No .916-64- 034 Sep 27 , 91 9 : 53 No . 001 P . 15 �e ham• Qom t� �c 3.00,J j1. �a� �• a» �—sa 2a1 ro 0 vfi� Heiman St. SITE Water St. o` 4 TOTAL TRAFFIC PM PEAK HOUR TRAFFIC IASHLAND CREEK IN FIoun Se tember 1991 4 FVM 620004 Mr. Lloyd Haines September 27, 1991 Page 15 TABLE 7 EXISTING PLUS PROJECT LEVELS-OF-SERVICE Signalized Locations Unsignalized Locations Intersection Delay (sec) V/C` LOS Reserve Capacity LOS Main & Helman 5.2 0.423 B N/A N/A Main & Water N/A N/A N/A 355 B Helman & Central N/A N/A N/A 744 A 1. Volume to Capacity Ratio. Mr. Lloyd Haines September 27, 1991 Page 16 volumes of traffic be distributed on local streets. Therefore, no traffic mitigation measures are required. ALTERNATIVE LAND USE SCENARIO To provide a basis of comparison, the traffic generation characteristics of the site based on allowed land uses is provided in this section. The zoning of the site as C1, allows a number of uses that typically would be expected to generate more traffic than the proposed project. These types of uses would not require any entitlement approvals and could be obtained through the building permit procedure. For this comparison,a shopping center land use was assumed. The size of the facility was assumed to be the size of the proposed condominium development, or approximately 66,000 gross square feet. Again using the previously referenced trip generation source,the shopping center alternative can be expected to generate approximately 5,450 trips a day and 504 trips during the afternoon peak hour. This is more than a four fold increase in daily trip generation over the proposed project, and more than five times the peak hour traffic expected to be generated by the project. Clearly, the proposed project represents a significant reduction in traffic generation compared to allowed uses. OAK STREET CONSIDERATIONS We have recently learned that there may be concern over the potential of site generated traffic to use Oak Street. We concur that there is a possibility of northbound,inbound traffic using C Street to make a right on Oak Street, a left on B Street and a right on Water Street to access the site. We believe that outbound traffic would continue to follow the patterns identified in Figure 2. Therefore, the maximum number of vehicles which could potentially use Oak Street and B Street would be the 25 vehicles shown on Figure 3 to use Helman Street. While traffic data was not collected for either Oak Street or B Street, some general conclusions can be drawn. These are: • Based on a review of the circulation system and land use distribution in the vicinity of Oak Street and B Streets,it is assumed that traffic volumes on both of these streets is of the same order of magnitude as the traffic on Water Street, Helman Street and Central Avenue. Mr. I1oyd Haines September 2 7, 1991 Page 17 • As shown for the other intersections in the vicinity, the addition of 25 vehicles of site generated traffic during the afternoon peak hour will not create a significant impact on street or intersection operations. • The majority of the 25 vehicles referenced above are related to the overnight lodging of the condominium development. Overnight lodgers would not necessarily be aware of the opportunity to use Oak Street and B Street. Therefore, 25 vehicles may over state the amount of traffic that may use these two streets. • Vehicles accessing the site via the Central Avenue driveway may still find C Street to Helman Street to Central Street to the driveway as being faster than C Street to Oak Street to B Street to Water Street to Central Street to the driveway. Again, 25 vehicles may be overstating the amount of traffic using the oak street route. CONCLUSIONS Based upon our "worst case"analysis of the potential traffic produced by the proposed project and the travel patterns associated with the project, we reach the following conclusions: Based on a comparison of existing conditions to those after project development,it is our opinion that conditions are nearly identical,and that no significant volumes of traffic.will be distributed on local streets. • Intersection levels-of-service do not change with the addition of site generated traffic and no traffic mitigation measures are required. • We have analyzed the traffic impacts in relation to the City of Ashland's_ criteria in Subsections 18.104.040 (B) and (C) of their land development ordinance. Our opinion is that the project will not generate peak hour or total cumulative traffic at levels that produce impacts to the surrounding neighborhood that his greater than minimal given the location,size,design and operating characteristics of the development. Based on our analysis, it is also our opinion that peak hour and total traffic produced.by the development will not result in the project being incompatible with the surrounding - - - - - - - - - - - - - - - f Mr. Lloyd Haines September 27, 1991 Page 18 neighborhood. From a traffic generation perspective, we believe that the project will be compatible. In Comparison to other potential uses that are permitted outright in the C1 zone, the subject use will produce far less traffic and be substantially more compatible. This concludes our report. We appreciate the opportunity to provide this information. If you have any questions regarding this data, please do not hesitate to call me. Sincerely, es H. oo rincipal TABLE OF CONTENTS RECORD FOR PLANNING ACTION 91-099 Conditional Use Permit, Site Review, and Physical & Environmental Constraints Review Permit to allow for the construction of a new 106 room hotel/residential/office/retail complex located on the property bounded by Helman, Central, Water Streets,.and Lithia Way. -- Notice of Public Hearing and applicable criteria 1 -- Appeal letter from C. Lacy dated 8/27/91 5 -- Letter from C. Lacy to City Council 9/23/91 6 Affidavit of Mailed findings for approval by Planning Comm. 8/16/91 7 Approval letter and Planning Commission findings of approval 8 - Minutes of Planning Commission 7/9/91 17 -- Planning Department Staff Report 7/9/91 21 -- Topographic Map - City of Ashland 31 .. Letter from Beasy McMillan 32 - Letter from Nancy Kilheim 33 -- Letter from Joann Johns 34 Letter from Jim Bourque 35 -- Letter from Michael J. Pierce 36 Letter from Richard J. Hansen 37 Letter from Ken Silverman 38 -- Letter from Don Rist, Jack Latvala, Mary Pat Smith 39 -- Notice of Planning Commission Hearing w/criteria 40 Affidavit of Notice 6/19/91 44 - Applicant's Findings and Exhibits 45 -- Signed Application Form 107 LARGE EXHIBITS RETAINED IN THE FILES OF THE CITY OF ASHLAND Large Site Plan and Architectural Plans (13 sheets) -- Assessor Plat Map (39-lE-9BB) Topographic Survey Map by Hoffbuhr & Associates, Inc. -- Board of Architectural/Construction Material Samples - Photographs of Neighborhood and Key Map Landscape Plans (2 sheets) -- City of Ashland Topographic Map City of Ashland AutoCad F000dplain Corridor and Topo Map Staff prepared AutoCad Floodplain Corridor Map with structure location and floodplain corridor location and -2' floodplain corridor location. Building Height determination materials from Terry Lofrano, AIA Notice is hereby given that a PUBLIC HEARING that issue. Failure to specify which ordinance criterion the objection isbased on also precludes your Fight of appeal to LUBA on that criterion. on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will before the ASHLAND CITY COUNCIL on theist be provided at reasonable cost,if requested. A copy of the staff report will be DAY OF OCTOBER, 1991 AT 7:30 P.M. at the available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland ASHLAND CIVIC CENTER, 1175 East Main Planning Department,City Hall,20 East Main,Ashland,OR 97520. Street, Ashland, Oregon. During the Public Hearing,the Mayorshall allowtestimony from the applicant and those in attendance concerning this request.The Chairshall have the right The ordinance criteria applicable to this application arc on the back of this to limit the lengthof mstimonyand require that comments be restricted to the notice. Oregon law states that failure to raise an objection concerning this applicable criteria. application, either in person or by letter, or failure to provide sufficient specificity to afford the decision makeran opportunity to respond to the issue, Ifyou have anyquestions ormmments concerning this request,please feel free precludes your right of appeal to the land Use Board of Appeals(LUBA)on tomntact Susan Yates at the Ashland Planning Department,City Hall,at488- 5305. HELMAN STREET CIO e —— t I I t I i r _ W cc (1 C H � Z W Mr-0000 I o WATER STREET SITE PLAN/ROOF PLAN^ PLANNING ACTION 91-099 is a request for a Conditional Use Permit, Site Review and Physical and Environmental Constraints Permit to allow for the construction of a new 106 room hotel/office/retail complex located on the property bounded by Helman, Central, Water Streets and Lithia Way. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 9BB; Tax Lot: 100 and 400. APPLICANT: Lloyd Haines The criteria for approval of a Conditional Use Permit are as follow: A. The proposal is in conformance with the Comprehensive Plan. B. The location size design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. a The criteria for approval of a Site Review are as follow: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. k The criteria for approval of a Physical and Environmental Constraints Review Permit are as follows: I) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding are, and the maximum permitted developmentpermitted by the Land Use Ordinance. 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. y DATE AUG 2 710 27 Aug 91 TO: City Administrator Brian Almouist and Members of the City Council RE: Appeal of Haines' kesort decision, Planning Action 91-099 OR: 16.32 Commercial kone 18.104 Conditional Use Permits I am appealing the Planning Commission' s approval of the Haines' Resort, of 9 July 91. Re OR .18.32: "This is a project which will have a tremendous impact on the downtown, and the City in general." (Staff report, p.2) . The building mass and the large tourist increase with their cars would be incompatible with the livability of the City. Re OR 18.104: Providing City services (water, electricity, and sewer) to the resort would further increase the risk .of these services failing in parts of the City. Enclosed is the X100 filing fee. OOA&t a.. 140 Third Carola Lacy . Ashland 482-5652 t Idonday 23 Sept 91 Dear City Councilor - hs you know, I am appealing the Haines' resort proposal at the Council meeting October lst. So that you will have some advance time to think about con arguments, I will state a. few now. Following are some criteria for fulfilling the hai.nes' C-W? that are incompatible with the livability of the neighborhood: l) Traffic of "1300 daily vehicle trips" from the resort (proposal, page 12) , 2) Safety of Briscoe students who also use Central as their access street, 3) Density/Intensity of 212 persons (double occupancy of 106 rooms) daily, during ;.ry peak months,, occu pying the already crowded downtown area, 4)Sewer ;t'•,f system would be further burdened. •' ��, • I will share more criteria at the October 1st meeting. Sincerely, >' Carols Lacy •; 4s 140 Third 1: 482-5632 fro r i I AFFIDAVIT OF MAILED FINDINGS On j/, , 19 �/ , the attached Finding's for Planning Action # %i- , y were mailed by to the attached mailing list. The total number of Findings mailed was By Date Property Owner Applicant Engineer/Architect/Surveyor 7 C I T Y O F A S H L A N D »: ,' C I T Y HALL. ASHLAND,OREGON 97520 • telephone(Code 503)482.3211 August 16, 1991 RE: Planning Action # 91-099 Dear Lloyd Haines At its meeting of July 9, 1991 the Ashland Planning Commission approved your request for a Conditional Use Permit Site Review and Physical and Environmental Constraints Permit forlhe property located on Property bounded b Helman Central Water &• Lithia W' Assessor's Map# 39 lE 9BB ,Tax Lot s 100 and 400 - The Findings of Fact and the Commission's Orders, which were adopted at the August 13, 1991 meeting, are enclosed Please note the following circled items: 1. A final map prepared by 9 registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. (03 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. (� Planning Commission approval is valid for a period of one year only after which C/ time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have an 0 Sin y, ohrar Assistant Planner JMc/sa Enclosure(s) BEFORE THE PLANNING COMMISSION July 9, 1991 IN THE MATTER OF PLANNING ACTION #91-099, REQUEST FOR A ) CONDITIONAL USE PERMIT, SITE REVIEW AND PHYSICAL AND ) FINDINGS, ENVIRONMENTAL CONSTRAINTS PERMIT TO ALLOW FOR THE ) CONCLUSIONS CONSTRUCTION OF A NEW 106 ROOM HOTEL/OFFICE/RETAIL ) AND ORDERS COMPLEX LOCATED ON THE PROPERTY BOUNDED BY HEIMAN, ) CENTRAL, WATER STREETS AND LITHIA WAY. ) APPLICANT: LLOYD HAINES ) -------------------------------------------------------- RECITALS: 1) Tax lot 100 and 400 of 391E 9BB. are located between Helman Street, Water Street, Central Avenue and Lithia Way and are zoned C-1; Commercial. 2) The applicant , is requesting approval to construct a 106 room hotel/office/retail complex. Site improvements are outlined on the development plans on file at the Department of Community Development. 3) The criteria for approval of a Conditional Use Permit are found in Chapter 18.104 and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate .development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. ' 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. The criteria for Site Review approval are found in, Chapter 18.72 and are as follows: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. Finally, the criteria for approval of a Physical and Environmental . Constraints Review Permit are found in Chapter 18.62 and are as follows: 1) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards. that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) - That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. 4) The Planning Commission, following proper public notice, held a Public Hearing on July 9, 1991, at which time testimony was received and. . exhibits were presented. The Planning Commission approved the application as 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" Applicant Exhibits lettered with. an "A" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellane "M" ous Exhibits lettered with an 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 l6 Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to construct a 106 room hotel/office/retail complex meets all criteria for approval outlined on the conditional Use Chapter 18.104.040, Site Design and Use Chapter 18.72.050 and Physical and Environmental Constraints Chapter 18.62.040. 2.3 The Downtown Plan is the guiding document for development in the downtown area. As stated in the Downtown Plan: "The Newbry site is the last large parcel of vacant land in the downtown area. Its development will affect the downtown for many years to come. The city must give careful thought how its development can enhance the downtown, not detract from it. The parcel has many possibilities, but whatever the development of this property, it must be considered an extension of the downtown area. It seems to lend itself to a mixed use commercial development - retail shops, tourist and possibly residential housing, and restaurants. Any potential area developer must address the concept plan and work .within the four basic elements indicated: The land for development, the Ashland Creek Greenway plaza, the public parking area, and the sculpture of fountain focal point. The development of Central Street should be accomplished whenever this area is developed, as it will provide better access to the downtown, and a bypass for local traffic that does not have a destination downtown." In reviewing this statement in relation to the applicant's proposal and the criteria for approval of a Conditional Use Permit, The Commission makes the following findings: a) The proposal is a "mixed use commercial development", incorporating retail, office space, tourist housing, and the possibility of residential housing. b) In developing this land, it is apparent that the applicant has examined the land for development, and designed the structures accordingly. Their design is matched to. the hillside, stepping down the hill from Helman Street with a. four-story design that does not overpower the surrounding neighborhood. c) Ashland Creek Greenway Plaza -- the Downtown Plan makes the following statement in relation to Ashland Creek and this property: "As the Newbry site expands and develops, Ashland Creek's flood plain must be considered. Occasional violent floods preclude the construction of buildings, but correct development of the area would yield a rich space. Although the Parks Commission hesitates to accept such a, special use area as dedicated park land; it should be dedicated as an extension of the Ashland Creek area and viewed as an exclusively pedestrian plaza site which developments would front. Designed correctly from the outset, . it could accommodate all the activities of a downtown. open space. The parking area on the north of the site will be the largest in the city, and the space should expand to attract pedestrians along this route. Near the middle of the creek area, an area should be set aside for a large sculpture fountain. Access to the creek with stairs and wading areas, would create major amenities. " The applicant's plan has provided an open space area along the creek, with a public. access sidewalk running from Central Street along Water Street to the creek, then on the northwest side of the creek to the existing bridge, where a crossing can be made to the area under the viaduct and ultimately to Bluebird Park or back to Water Street. Within this open space is a plaza area proposed in front of the retail/office building. This space will contain a fountain, according to the plans submitted. The open space area/sidewalk is essentially separated from the main outdoor area of the hotel (swimming pool, spa gazebo, etc. . . ) by a retaining wall, with the hotel area several feet above the grade of the creekside area. d) The .Downtown Plan envisioned a public parking structure located on the northern portion of the Newbry property, tieing it in with the commercial development of the parcel. The developer has worked with .the City in attempting to assist in the development of this parking area, however, funding for downtown parking is presently available in smaller amounts and has been used in acquiring parcels in the downtown core (such as Lithia Way and Pioneer, and East Main and Second St.) for parking to address the current demand. At present the funds are not available for the development of a parking structure at this location. Also, the parking demand at this time would not warrant the development of a parking structure at this distance from the downtown core area. e) The applicant's plans indicate that Central street will be improved the remainder of the way to Water.Street, allowing access from Helman to Water,, as proposed in the plan. The Commission finds that the concepts envisioned in the Downtown Plan have been incorporated into the design of this mixed-use development, given the realities and constraints associated with construction and development. The Commission believes the location and operation of the development will be compatible with and have minimal impact on the development of abutting properties. Hotels have historically be interpreted by the Planning Commission and City Council as commercial uses. Given previous applications and development, the Commission believes that hotels are an appropriate use within most commercial zones. As part of the upcoming changes of use designations by zones, hotels will proposed as a permitted use in the C-1 zone, excluding the Ashland Street area away from the freeway. The Commission believes that the impacts associated with hotel operations can best be accommodated in commercial zones, and that commercial zones have been the historic location for such uses. 2.4 Specifically, with regards to the criteria for Site Review approval the Planning Commission makes the following findings: -- Architecture and Design The design is contemporary, yet incorporates the details of a Craftsman-style of architecture that is very familiar in the surrounding neighborhoods. Lower pitched roofs with braces, awnings, , a clock tower, and varying roofs provides a building design which matches will with the site. The site slopes rather steeply from Helman Street down to Ashland Creek. The building design incorporate this slope, allowing for a 4-story structure facing towards the creek, while maintaining a no greater than 2-story appearance towards Helman Street, and the residential area towards the northwest. Helman Street is a key street in the design of the complex, providing the most visibility. The design provides features that front onto Helman Street, and provide for direct pedestrian access into the development from Helman. The structure at the corner of Helman and Central Streets also provides for a strong presence towards the street, while maintaining and somewhat mimicking some of the residential character of the nearby area. -- Auto .Access and Parking The primary access to the development, for the check-in area, is from Central Street. This is across the street from other commercial uses (veterinary clinic) and not in direct conflict with any residential uses. Similarly, the access to the other parking areas is via Water Street, across from E-1 zoned property presently being used as a motel (accommodation) . . The. parking design is the most innovative feature of this development -- very little is exposed surface parking. The .majority of the required parking spaces are located under the hotel units or tennis court, decreasing overall lot coverage and dramatically increasing the aesthetic appeal of the project. What Tittle parking is provided by surface lots is well below street grade along Helman, and 'is not readily visible from the street. The applicant has incorporated the hillside into the parking design very well, and can provide the parking necessary without adversely affecting the overall site design. The Commission believes that this is a very good design for this location, incorporating design features of the surrounding neighborhood, .designing with consideration for the 'existing topography, and innovatively. addressing automobile parking while 13 still providing clear pedestrian access and a attractive streetscape. The building height, however, for the new retail/office building near the Lithia Way viaduct may be in excess of 40' in height. If facts cannot be presented to show that this building height conforms with the 40 ' limitation for this zone, then the roof would need to be redesigned to allow for a maximum height of 401 . We believe that this issue has been adequately addressed through the imposition of a condition of approval (see Condition 13) . 2.5 Specifically, with regards to the criteria for approval of a Physical and Environmental Review Permit, the Commission makes the following findings: In relation to the floodplain corridor, this building is located approximately 40' into the corridor. Section 18.62.070 'of the Physical and Environmental Constraints Ordinance states the following: "New non-residential uses may be located on that portion of the Floodplain Corridor lands that are two feet or less below the flood elevations on the official maps adopted in section 18.62.060. " Staff prepared a map, from the official floodplain corridor maps in the computer, at the scale of the submitted site plan. On the map, the area between the floodplain corridor line and an elevation 2 ' below that line was delineated. The area represents the allowable area of non-residential construction within the floodplain corridor, as determined by the official maps. When the proposed development was, plotted on the map, all proposed construction was found to be well within the area 2 ' or less below the floodplain corridor elevation. This area extends approximately 70 ' towards the creek from the corridor line, while the construction is only proposed 40' towards the creek from the corridor line. The .Commission finds that development standards regarding fill on the site are met by the proposal. On. page 23 of the applicant's findings, it states that the applicant's engineer and architect believe that no fill will be required on the site. Up to 300 yards of fill per acre could be allowed, therefore the Commission finds that the application will meet the overall fill requirements of ,18. 62. 070 A. The applicant has presented findings addressing the specific criteria for approval of a Physical Constraints Review Permit, and the Commission believes that the findings, in conjunction with the submitted plans, adequately address the criteria and meet the burden of proof for approval. . 2.6 The Planning Commission further adopts by reference the "Findings of Fact and Conclusions of Law" (Exhibit A-1) .submitted by the applicant, pages 1 through 26. / C SECTION 3 . DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to construct a 106 room hotel/office/retail complex is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #91-099. Further; if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #91-099 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 conditions stipulated to by the applicant on Page 3 of the submitted findings (Applicant Stipulations 1-16) shall be conditions of approval, except as modified here: a) That .stipulation 2. be modified to the following: That Central Street be improved to a minimum 1/2 street improvement with a 20' wide travel surface and curb, gutter, sidewalk, and storm drain on the development side prior to the issuance of a Certificate of Occupancy. Street may also be improved to full city standards under a Local Improvement District with all improvements to be complete prior to the issuance of a Certificate of Occupancy. b) That stipulation 3 be modified to the following: That the water system supplying the project be modified and improved such that adequate water service and fire flows can be maintained. Such improvements to be completed prior to the issuance of a Certificate of Occupancy. c) That stipulation 15 •be modified to the following: That an easement be granted for the irrigation ditch crossing the property and .that it be maintained in operable condition during irrigation season, and that water rights to downline properties be maintained. Should the ditch be culverted, the property owner shall be responsible for the culverting and future maintenance of the culverted portion. Easement and maintenance agreements for the ditch shall be included as part of the deed for this property. Such easement and agreements should be reviewed by the local Watermaster. 3) That the. landscaping, street trees, and irrigation be installed as indicated on the submitted plan, with recommendations of the Tree Commission, prior to. the issuance of a Certificate of Occupancy. �s 4) That all parking areas be paved and improved prior to the issuance of a Certificate of Occupancy. 5) That the bridge over Water Street be widened to an 181 travel surface prior to the issuance of a Certificate of Occupancy. City shall Pursue posting "No Parking" signs along the section of Water Street from the bridge to "B" Street. 6) That the applicant obtain approval from the Oregon State Highway Division for access from the Lithia Way viaduct. to the proposed retail/commercial structure. 7) That final fire hydrant and fire suppression facilities be installed under guidance and approval of the Ashland Fire Department. All required hydrants to be installed prior to the commencement of construction with combustible materials. 8) That an public access easement be provided for the sidewalk proposed for the open space along the creek, allowing public access from Water and Central Streets to the viaduct area. 9) That sidewalks be installed along street frontages as indicated on the submitted site plan. 10) That all electrical line and transformer relocations shall be the responsibility of the developer. All relocations, and new service shall be coordinated with the Ashland Electric Utility prior to the commencement of construction. 11) That it is recommended that the applicant coordinate with the Conservation Division for design assistance under the Energy Smart Design program. 12) That all signage for this project shall be in conformance with the regulations as outlined in the Ashland Sign Ordinance. 13) That the building height for the retail/office building be limited to a maximum height of 40' as defined by the Ashland. Land Ude Ordinance. Confirmation of building height to be provided and approved by the Staff Advisor prior to the issuance of a building permit for this building. 14) That recycling facilities be provided on site to the standards of Ashland Sanitary Service. 15) That low flush showers and toilets be installed throughout the development. 16) That bike parking be provided in accordance with section 18.92.040 of the Land Use Ordinance. Annin C --�- Date-- Ib Sanderson's south property line for 52 feet or any other design mutually agreed upon between Sanderson and the applicant. There was some discussion about the City's responsibility to buffer the parking lot from Sanderson's property. Harris moved to approve PA91-096 with the attached nine Conditions and add Condition 10 that the applicants provide, at their expense, a six foot wood fence, above the grade of the walkway between the Sanderson's property line and the applicants for 52 feet or any other design mutually agreed upon between Sanderson and the applicant. Carr seconded the motion and it was carried unanimously. Medinger left the meeting. PLANNING ACTION 91-099 REQUEST FOR A CONDITIONAL USE PERMIT, SITE REVIEW AND PHYSICAL AND ENVIRONMENTAL CONSTRAINTS PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW 106 ROOM HOTEL/OFFICE/RETAIL COMPLEX LOCATED ON THE PROPERTY BOUNDED BY HELMAN, CENTRAL, WATER STREETS AND LITHIA WAY. APPLICANT: LLOYD HAINES o Site visits were made by all. Hibbert reported that he attended a community meeting at Lloyd Haines office. He saw the plans and the applicant explained the proposal. STAFF REPORT McLaughlin gave the history of this parcel and the current proposal as outlined in the Staff Report. The design of the buildings is a condominium concept. Each unit would be purchased separately and could be rented nightly or used as a residence. There are ultimately 106 motel units. McLaughlin read the criteria for a Conditional Use Permit as the applicants are requesting a Conditional Use Permit for a hotel and possible residential use in a commercial zone. Staff has concurred with the applicant's findings. With regard to availability of public facilities, the Water Street bridge at one point is 16 feet in width. Engineering and Public Works is working on replacement of this bridge but as an interim step, it should be widened to 18 feet. This would allow cars to pass and would handle the additional traffic. Helman Street and Central Street provide the primary access to the development. ASHLAND PLANNING COMMISSION y REGULAR MEETING MINUTES JULY 11, 1991 McLaughlin read the criteria for approval for Site Review. Staffs main concern is with the height of the office building. •It appears to be in excess of 40 feet in height. A Condition has been added to ensure compliance. McLaughlin read the criteria for approval of the Physical and Environmental Constraints review permit. This action has been reviewed by the Historic Commission and the Tree Commission and both recommended approval. Bingham wondered about item 32 on Page 25 of the applicant's findings. McLaughlin confirmed there is an error in ALUO 18.62.070(C) and the word should have been "fioodproofed" instead of "elevated". IT WAS MOVED, SECONDED AND APPROVED TO CONTINUE THE MEETING UNTIL 11:30 P.M. PUBLIC HEARING CRAIG STONE, Medford, representing Lloyd Haines, the applicant, and Terry Lofrano, architect entered Exhibits 1-14 into the proceedings. He has reviewed the Conditions of approval from the Planning Staff and they are prepared to accept those this evening which would include the widening of Water Street to a width of 18 feet as an interim measure before a full improvement of the bridge will be made as part of a local improvement district with state and federal participation. TERRY LOFRANO, Neeley and Lofrano Incorporated, San Francisco, CA, are architects for the project He addressed the height of the building, with the cupola possibly being considered an architectural feature as opposed to a roof. He can make the building comply by changing the proportion of the roof and lowering it and taking some space out of the vertical floor height Lofrano explained the floor plan of the units. Stone explained that it would feasible to use these units as residences, however,the project has a more recreational flavor. The applicant envisions the units to be purchased on a time share basis and when not occupied by the owraer,•rented for overnight accommodations. Hams wondered if any market survey had been done to identify the kind of market that would attract this kind of buyer. . LLOYD HAINES answered they have tried to provide total flexibility to meet different market demands and they have done feasibility studies on running the project as a hotel. They believe there are a number of people who come to town who would like to have a more permanent accommodation and have an interest in a unit. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES JULY 11, 1991 - i8 Bingham wondered if this property would be vastly empty in the off-season and Stone concurred. Bingham asked about conference rooms and Haines responded that one would hold 35 persons and the other 50. Haines is hoping that there will be convention business that will use the facility in the off-season: Stone said there would be 45 condominiums and they plan on beginning construction next spring or summer and be on line by. 1993. JOHN SCHWEIGER, 445 Granite Street, supported the project. SIMON KUCHOLON, 1609 Jackson Road, believes this is the highest and best use of this property. Eight to ten people were going to speak but left because of the late hour. He submitted letters for the record. DAVID SAMMONS, 497 Unn Street, Western Oil Burner, said he does not feel he should have any sort participation in the local improvement district which would involve the completing of Central Avenue or bear any assessments since it would benefit only the project. McLaughlin read letters from: . Beasy MacMillan; Don Rist, Jack Latvala, Pat Smith; Ken Silverman; Richard Hansen; Michael J. Pierce; Jim Bourque; Nancy IGlheim; Joanne Johns, all in support of the project. JIM LANGHOFER, 112 Heiman Street, veterinarian, is located across the street from the project site on Heiman StreeL His main concern is with the completion of Central . Avenue. Central Avenue, as it stands now, serves his business function just fine. The only benefactors will be the new project and they should be the parties that pay for widening, improving, paving, etc. The prior occupant of his building was required to pave, curb and gutter the area in front of his business. He did not believe it would be fair for him to be assessed again. CAROLA LACY, 140 Third Street, feels the property would be more appropriate for a park. She is concerned with Ashland's current water and sewage problems that have not yet been solved. She feels the building of 106 units will only compound the problem and that a moratorium ought to be imposed. STONE, rebuttal, regarding the testimony of Sammons and Langhofer stated that Langhofer's frontage is already improved to City standards and he doubted that if a local improvement district was formed, that it would include his property. However, this is not the proper forum to debate whether a local improvement district ought to be formed. That decision is reserved for the City Council and a separate issue. Stone addressed Lacy's comments with regard to a park. The Comprehensive Plan has not designated the subject property for a park and it his understanding the City has no plans to acquire the property for park purposes. In Benjamin vs. the City of Ashland, a ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES JULY 11, 1991 1 � land use case before the Land Use Board of Appeals, LUBA held that there is no necessity for the City to consider vacant land in the context of defacto open space in the context of the criteria for a Conditional.Use Permit. As to the sewer and water . moratorium, this is not the forum to debate the notion of whether there ought to be a moratorium. If the City has facility inadequacies, those should be addressed and addressed properly. Carr questioned Stone about the local improvement district, and Stone answered that they will stipulate to signing in favor of street improvements. Powell wondered if any provisions had been made for recycling. Haines said it had not been designed but he would include it. The units will be using low flow showers and low flush toilets. Bike parking should be included. COMMISSIONERS DISCUSSION AND MOTION IT WAS MOVED, SECONDED AND APPROVED TO CONTINUE THE MEETING UNTIL MIDNIGHT. Harris agreed that the LID is in the jurisdiction of the City Council. He is supportive of the entire project as was Hibbert: Fregonese explained that the sewage treatment plant is now having to meet a higher standard but there is no adverse effect to adding more users. A water conservation report will be released soon, showing adequate supplies through the year 2026 based on current rate of growth. The applicants have already stipulated to low flow showers and low flush toilets. The landscaping is minimal with low water use. Powell asked Haines how the recycling would work and through discussion, Haines said where there is a garbage chute, they would request that people put recycled material in the designated chutes. Hibbert moved to approve PA91-099 with the attached Conditions, adding a Condition 14 that recycling facilities be provided, add Condition 15 that low flow showers and low flush toilets be required, Condition 16 to provide for bike parking. Harris seconded the motion and it was carried unanimously. OTHER July 24th - Mobile Home tour July $0th - Study Session to discuss mobile.homes and CUP uses. ADJOURNMENT . The meeting was adjourned at 11:45 p.m. ASHLAND PLANNING COMMISSION. 12 REGULAR MEETING MINUTES JULY 11, 1991 - �a ASHLAND PLANNING DEPARTMENT STAFF REPORT July 9, 1991 PLANNING ACTION: 91-099 APPLICANT: Lloyd Haines LOCATION: Property bounded by Helman, Central, Water Streets and Lithia Way. ZONE DESIGNATION: C-1 COMPREHENSIVE PLAN DESIGNATION: Commercial ORDINANCE REFERENCE: 1832 C-1 Commercial Zone 18.62 Physical and Environmental Constraints 18.72 Site Design and Use Standards 18.104 Conditional Use Permits REQUEST: Conditional Use Permit, Site Review and Physical and Environmental Constraints Review Permit to allow for the construction of a new 106 room hotel/office/retail complex. I. Relevant Facts 1) Background - History of Application: In January, 1988, the Planning Commission approved a request for a Conditional Use Permit to construct a 95 unit congregate care facility for persons over 65, together with common use facilities, dining room, activity rooms, and 11,000 square feet of commercial space (PA88-002). The application also involved a request for a parking variance from 188 to 87 parking spaces. On appeal to the City Council, in February 1988, they denied the request, finding that the variance was not warranted, and that the property should be used for commercial purposes. There are no other recent planning actions of record for this parcel. This application was deemed complete by the Ashland Planning Department on July 2, 1991. 2) Detailed Description of the Site and Proposal: See applicant's findings document — pages 1-2, and pages 6-14. a � Essentially, the application involves the request for a Site Review to allow for construction of a 106-unit hotel, with design flexibility allowing for possible longer term use than transient occupancy; Site Review for construction of a new 3-story retail/office building located at the southern end of the property, near the Lithia Way viaduct. Access to the third story is proposed from the viaduct sidewalk. Hotels and residential uses are a conditional use in the commercial zone, therefore a Conditional Use Permit is also being requested. A portion of the development is taking place in lands designated as Floodplain Corridor under the City's Physical and Environmental Constraints ordinance, thereby requiring application for a Physical Constraints Review Permit. IL Proiect Impact As can be seen by the project drawings, this is a project which will have a tremendous impact on the downtown, and the City in general. It is proposed on the last remaining large vacant parcel of commercial land near the downtown. As stated in the Downtown Plan: 'The Newbry site is the last large parcel of vacant land in the downtown area Its development will affect the downtown for many years to come. The city must give careful thought how its development can enhance the downtown, not detract from it The parcel has many possibilities, but whatever the development of this properly, it must be considered an extension of the downtown area It seems to lend itself to a mired use commercial development - retail shops, tourist and possibly residential housing, and restaurants. Any potential area developer must address the concept plan and work within the four basic elements indicated: The land for development, the Ashland Creek Greenway plaza, the public parking area, and the sculpture of fountain focal point The development of Central Street should be accomplished whenever this area is developed, as it will provide better access to the downtown, and a bypass for local traffic that does not have a destination downtown." In reviewing this statement in relation to the applicants proposal, we have seen the following: a) The proposal is a "mixed use commercial development", incorporating retail, office space, tourist housing, and the possibility of residential housing. PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 911991 Page_2 �� b) In developing this land, it is apparent that the applicant has examined the land for development, and designed the structures accordingly. Their design.is matched to the hillside, stepping down the hill from Heiman Street with a four-story design that does not overpower the surrounding neighborhood. c) Ashland Creek Greenway Plaza. — the Downtown Plan makes the following statement in relation to Ashland Creek and this property: As the Newbry site expands and develops, Ashland Creek's flood plain must be considered. Occasional violent floods preclude the construction of buildings, but correct development of the area would yield a rich space. Although the Parks Commission hesitates to accept such a special use area as dedicated park land it should be dedicated as an extension of the Ashland Creek area and viewed as an exclusively pedestrian plaza site which developments would front. Designed correctly from the outset, it could accommodate all the activities of a downtown open space- The parking area on the north of the site will be the largest in the city, and the space should expand to attract pedestrians along this route. Near the middle of the creek area, an area should be set aside for a large sculpture fountain. Access to the creek with stairs and wading areas, would create major amenities." The applicant's plan has provided an open space area along the creek, with a public access sidewalk running from Central Street along Water Street to the creek, then on the northwest side of the creek to the existing bridge, where a crossing can be made to the area under the viaduct and ultimately to Bluebird Park or back to Water Street. Within this open space is plaza area proposed in front of the retail/office building. This space will contain a fountain, according to the plans submitted. The open space area/sidewalk is essentially separated from the main outdoor area of the hotel (swimming pool, spa gazebo, etc...) by a retaining wall, with the hotel area several feet above the grade of the creekside area d) The Downtown Plan envisioned a public parking structure located on the northern portion of the Newbry property, tieing it in with the commercial development of the parcel. The developer has worked with the City in attempting to assist in the development of this parking area, however, funding for downtown parking is presently available in smaller amounts and has been used in acquiring parcels in the downtown core (such as Lithia Way and Pioneer, and East Main and Second St.) for PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 9, 1991 Page 3 0�� parking to address the current demand. At present the funds are not available for the development of a parking structure at this location. Also, the parking demand at this time would not warrant the development of a parking structure at this distance from the downtown core area. e) The applicant's plans indicate that Central Street will be improved the remainder of the way to Water Street, allowing access from Heiman to Water, as proposed in the plan. Overall, the ideals and concepts envisioned in the Downtown Plan have been incorporated into the design of this mixed-use development, given the realities and constraints associated with construction and development. III. Procedural - Required Burden of Proof This is a multi-faceted proposal, and each portion will be reviewed separately in relation to the criteria for approval. Conditional Use Permit for Hotel/Residential in C-1 Zone The criteria for approval of a Conditional Use Permit are found in 18.104 and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood G In determining the above, consideration shall be given to the following.- 1) Harmony in scab bully coverage and density. 2) The availability and capacity of public facilities and utilities 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. S) Architectural and aesthetic compatibility with the surrounding area Hotels have historically be interpreted by the Planning Commission and City Council as commercial uses. Given previous applications and development, we believe that hotels are an appropriate use within commercial zones. As part of the upcoming changes of use designations by zones, hotels will proposed as a permitted use in the C-1 zone, excluding the Ashland Street area away from the freeway. We believe that their impacts, and operations are best located in commercial zones, and that that has been the historic location for such uses. PA91-099 Ashland Planning Department — Staff Report Uoyd Haines July 9, 1991 Page 4 e u The applicant has presented findings addressing these criteria. In addition, the application involves the possible use of some of these units for residential purposes. Given the design, location, size, and estimated cost of a unit (>$200,000), we believe that the residential use will be very incidental to the hotel/commercial uses on the site, and will not be the primary use, or purpose, of the development. While there may be some occupancies greater than 30 days, we do not believe that the development will operate as a long-term residential condominium, and that it will be essentially a hotel/commercial complex. Staffs only concern regarding the above criteria involve "the availability and capacity of public facilities and utilities." Water Street is used as an access point for the underground parking garages. The primary traffic pattern will be from Central Street down to Water Street and into the garage. However, we believe that there will be some increase in the amount of traffic using the portion of Water Street between Central and "B" Streets, crossing the existing bridge over Ashland Creek. This bridge has a width of 22'. However, on the southern end of the bridge, a portion of the roadway has washed away, narrowing travel width to approximately 16' for about 15'-20'. This creates a 'bottleneck" in Water Street where only one car can easily pass at one time. According to the Engineering Division, the Water Street bridge is scheduled for replacement in the future, based upon the availability of federal and state bridge replacement funds. Engineering has said that some realignment of the bridge culvert needs to be done to facilitate creek flows (and flood flows) as well as additional structural work. Until that time, however, Staff believes that interim measures should be investigated regarding the widening of this 'bottleneck" portion to a minimum of 18' of clear travel surface. This width would allow two cars to carefully pass without having to stop, and only provide minimal times where only 1-car traffic would be required. Also, given the adequate site distances on each side of the bridge, we do not believe that limited 1-car traffic would propose a hazard. But we do believe that one-car traffic should be kept to a minimum through the widening of the street to 18'. Staff believes that with a condition addressing the above Water Street bridge concern the application meets the criteria for approval of the Conditional Use Permit. (See Condition 5). Site Review As with most new developments within the downtown area, we believe that the Site Review is the key portion of the application. The criteria for approval of a Site Review are found in 18.72 and are as follows: PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 9, 1991 Page 5 a 5 A. ALI applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. G The site design complies with the guidelines adopted by the City Council for implementation of this chapter. The applicant, and the applicanfs architect, Terry Lofrano of Neeley-Lof coo architects of San Francisco, have worked closely with the Staff in incorporating the concepts of the Downtown Plan and the Site Design and Use Guidelines into the design of this project. We believe the key points of the design are as follows: — Architecture and Design The design is contemporary, yet incorporates the details of a Craftsman- style of architecture that is very familiar in the surrounding neighborhoods. Lower pitched roofs with braces, awnings, a clock tower, and varying roofs . provides a building design which matches will with the site. The site slopes rather steeply from Heiman Street down to Ashland Creek. The building design incorporate this slope, allowing for a 4-story structure facing towards the creek, while maintaining a no greater than 2-story appearance towards Heiman Street, and the residential area towards the northwest. Heiman Street is a key street in the design of the complex, providing the most visibility. The design provides features that front onto Helman Street, and provide for direct pedestrian access into the development from Heiman. The structure at the comer of Helman and Central Streets also provides for a strong presence towards the street, while maintaining'ning and somewhat mimicking some of the residential character of the nearby area. — Auto Access and Parking The primary access to the development, for the check-in area, is from Central Street. This is across the street from other commercial uses (veterinary clinic) and not in direct conflict with any residential uses. Similarly, the access to the other parking areas is via. Water Street, across from 1r1 zoned property presently being used as a motel (accommodation). The parking design is the most innovative feature of this development — very little is exposed surface parking. The majority of the required parking PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 90 1991 Page 6 a6 spaces are located under the hotel units or tennis court, decreasing overall lot coverage and dramatically increasing the aesthetic appeal of the project What little parldng is provided by surface lots is well below street grade along Helman, and is not readily visible from the street. The applicant has incorporated the hillside into the parking design very well, and can provide the parking necessary without,adversely affecting the overall site design. Staff believes that this is a very good design for this location, incorporating design features of the surrounding neighborhood, designing with consideration for the existing topography, and innovatively addressing automobile parking while still providing clear pedestrian access and a attractive streetscape. Staff has only one concern regarding the criteria for approval of a Site Review. This involves compliance with all applicable city ordinances. The building height for the new retail/office building near the Iithia Way viaduct appears to be in excess of 40' in height However, it is not clear whether this is true or not due.to the lack of clear finish grade calculations being shown on the elevations. If facts cannot be presented to show that this building height conforms with the 40' limitation for this zone, then the roof would need to be redesigned to allow for a maximum height of 40'. We believe that this is an issue which can be addressed through the imposition of a condition of approval (see Condition 13). The applicant has also presented findings addressing the criteria for approval of a Site Review. Staff believes that the applicant has met the burden of proof for approval of a Site Review. Physical Constraints Review Permit The criteria for approval of a Physical Constraints Review Permit are found in 18.62 and are as follows: 1) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) That the applicant.has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Commission shall consider the eadsttng development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance PA91-099 Ashland Planning Department — Staff Report Uoyd Haines July 9, 1991 Page 7 a 7 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. There are also other specific development standards in 18.62 regarding development within the Floodplain Corridor. In reviewing the submitted plans, and the applicant's findings, the Staff has found that the development is in accord with the provisions of the ordinance. Of initial concern with Staff was the location of the building in the northeast comer of the property, nearest the Water Street bridge. In relation to the floodplain corridor, this building is located approximately 40' into the corridor. However, 18.62.070 of the Physical and Environmental Constraints Ordinance states the following: "New non-residential uses may be located on that portion of the Floodplain Condor lands that are two feet or less below the flood elevations on the official maps adopted in section 18.62060." Staff has prepared a map, from the official floodplain corridor maps in the computer, at the scale of the submitted site plan. On the map, we established the area between the floodplain corridor line, and an elevation 2' below that line. The delineates the allowable area of non-residential construction within the floodplain corridor, as determined by the official maps. When the structures are plotted on this map, all proposed construction is well within the area T or less below the floodplain corridor elevation. This area extends approximately 70' towards the creek from the corridor line, while the construction is only proposed 40' towards the creek from the corridor line. Other development standards regarding fill on the site appear to be met by the proposal. On page 23 of the applicant's findings, it states that the applicant's engineer and architect believe that no fill will be required on the site. Up to 300 yards of fill per acre could be allowed, therefore Staff believes that the application will meet the overall fill requirements of 18.62.070 A. The applicant has presented findings addressing the specific criteria for approval of a Physical Constraints Review Permit, and Staff believes that the findings, in conjunction with the submitted plans, adequate addresses the criteria and meets the burden of proof for approval. IV. Conclusions and Recommendations Staff believes that the applicant, project architect, and project planner have done a commendable job of incorporating the concepts for development of the parcel as envisioned in the Ashland Downtown Plan. Further, we believe that its design is in accord with the Site Design and Use Guidelines and is compatible with the PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 9, 1991 Page 8 �� surrounding area, with good streetscape and an innovative approach to parldng not usually seen in Ashland. The floodplain corridor lands are proposed to be developed in compliance with all requirements of the Physical and Environmental Constraints ordinance. Therefore, Staff recommends approval of the application with the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the conditions stipulated to by the applicant on Page 3 of the submitted findings (Applicant Stipulations 1-16) shall be conditions of approval, except as modified here: a) That stipulation 2. be modified to the following: That Central Street be improved to a minimum 1/2 street improvement with a 20' wide travel surface and curb, gutter, sidewalk, and storm drain on the development side prior to the issuance of a Certificate of Occupancy. Street may also be improved to full city standards under a Local Improvement District with all improvements to be complete prior to the issuance of a Certificate of Occupancy. b) That stipulation 3 be modified to the following: That the water system supplying the project be modified and improved such that adequate water service and.fire flows can be maintained. Such improvements to be completed prior to the issuance of a Certificate of Occupancy. c) That stipulation 15 be modified to the following: That an easement be granted for the irrigation ditch crossing the property and that it be maintained in operable condition during irrigation season, and that water rights to downline properties be maintained. Should the ditch be culverted, the property owner shall be responsible for the culverting and future maintenance of the culverted portion. Easement and maintenance agreements for the ditch shall be included as part of the deed for this property. Such easement and agreements should be reviewed by the local Watermaster. PA91-099 Ashland Planning Department — Staff Report Uoyd Haines July 9, 1991 Page 9 �9 3) That the landscaping, street trees, and irrigation be installed as indicated on the submitted plan, with recommendations of the Tree Commission, prior to the issuance of a Certificate of Occupancy. 4) That all parking areas be paved and improved prior to the issuance of a Certificate of Occupancy. 5) That the bridge over Water Street be widened to an 18' travel surface prior to the issuance of a Certificate of Occupancy. City shall pursue posting 'No Parking" signs along the section of Water Street from the bridge to 'B" Street. 6) That the applicant obtain approval from the Oregon State Highway Division for access from the Lithia Way viaduct to the proposed retail/commercial structure. 7) That final fire hydrant and fire suppression facilities be installed under guidance and approval of the Ashland Fire Department. All required hydrants to be installed prior to the commencement of construction with combustible materials. 8) That an public access easement be provided for the sidewalk proposed for the open space along the creek, all owing public access from Water and Central Streets to the viaduct area 9) That sidewalks be installed along street frontages as indicated on the submitted site plan. 10) That all electrical line and transformer relocations shall be the responsibility of the developer. All relocations, and new service shall be coordinated with the Ashland Electric Utility prior to the commencement of construction. 11) That it is recommended that the applicant coordinate with the Conservation Division for desip assistance under the Energy Smart Design program. 12) That all signage for this project shall be in conformance with the regulations as outlined in the Ashland Sign Ordinance. 13) That the building height for the retail/office building be limited to a maximum height of 40' as defined by the Ashland Land Use Ordinance. Confirmation of building height to be provided and approved by the Staff Advisor prior to the issuance of a building permit for this building. PA91-099 Ashland Planning Department — Staff Report Lloyd Haines July 9, 1991 Page 10 �O I .'� k9 Irl �� W owl IN ���y�!. �� � ��� -�� � s � �� h� ��s �� � � � �w � s � � �� ���� �� �� ���� � � �� � � .� `���� � �� � `� -- as Gcez�e� 2rI�C /Jr/!G YAP Q�L 33 July 9, 1991 Ashland Planning Commission Ashland , Oregon RE : Proposed Ashland Creek Inn Helman and Water Streets Planning Commission Members: I 've had the opportunity to look over the site for this proposed development, and am familiar with the architect' s renderings for the proposed condominium resort. I feel this plan represents the highest and best use of this property, and is consistent with applicable zoning regulations . I feel it will only enhance the downtown area, as well as provide many additional employment opportunities for local residents. I am in support of this proposed development . Sincerely, oanne Johns 650 Spring Creek Drive Ashland, Oregon 97520 3`� A•S•H•L•A•N•D H•O•M•E•S REAL ESTATE, INC. To the City of Ashland July 9/91 Planning Commission; As an individual citizen and a businessperson of Ashland, I 'd like to lend my support to the prospect of developing the vacant piece of property located between Helman and Water St. The location lends itself well to the proposed condominium and recreation project in question. With good design and careful planning, it can only add to the aesthetic quality of our city. J imm Bourque ssociate Broker shland Homes Real Estate 150 East Main Street, Ashland, Oregon 97520 503-482-0044 3 S 1��..v/ 0/e4000�v�OcF 70ei,."< .1 cUC IVA4A/ llrfr�'vC//T,re,.( K �/�'`jOJJCc/Q�/} ��OPQ�W To •�'/f . 1 4 j To / S/oG'c /q �Adxe41P o/�'�S-re f//f0 mow. gW,tic.ce 4l/f.( C u/furl /� Q/71�a c/fidr�s f�c Sclr�tfs' �i� �Oiv/vf♦4/! rO�c�.t 10h fi<<tP. Toro rc SY�Ofoo�j7L / ?�• . ��,.. � yak . I GOLD GEMS F I N E J E W E L R Y July 9 , 1991 Ashland Planning Commission Please be advised of my support for the development as currently proposed by Lloyd Haines . The location has been vacant far too long and. I believe this will be an excellant use. Very truly yyyours , Richard-. C. Hansen 25 NORTH MAIN • ASHLAND, OREGON 97520 • TELEPHONE (503)488.2753 `� lei �k S rim / /v v 9� / to v7, e-5 NIMBUS ENTERPRISES, INC. 25 EAST MAIN `J ASHLAND, OR 97520 503-482-3621 July 9, 1991 Ashland Planning Commission Ashland, Oregon RE: Proposed Ashland Creek Inn. Water and Heiman Streets Planning Commission Members : I have looked :at the site for this proposed development, along with the proposed improvements. I am in support of this proposed condominium resort, as I feel it represents the highest and best use of the property, and will. only enhance the downtown area . Sincerely, Donald L. Rist J ck Lat a Ma Pat Smith 39 Notice is hereby given that a Pt�dLIC HEARING specify which ordinance c_ zrion the objection is baud on alsoprecludesyour on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria am available for inspection at no cost and will before the ASHLAND PLANNING COMMISSION be provided at reasonable cost,if requested. A copy of the staff report will be on the9TH DAY OF JULY, 1991AT 7:00 P.M. at available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested All materials an available it the Ashland the ASHLAND CIVIC CENTER, 1175 East Main . Planning Department,city Hall,20 East Main,Ashland,OR 97520. Street, Ashland, Oregon. _ During the Public Hearing,the Chair shall allowtestimony from the applicant and thou in attendance concerning this request The Chairshall have the right The ordinance criteria applicable to this application are attached to this notice. to limit the length of testimony and require that comments be restricted to the Oregon lawstates that failure to raise an objection concerning this application, applicable criteria either in person orby letter,orfadum to provide sufficient specificity to afford the decision makeran opportunity to respond to the issue,precludesyourright if you have myquestions orcomments concerning this request,please feel free of appeal to the[and Use Board ofAppeals(LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,City Hall,at 488- 5305. NOTE: This Planning Action will also be heard by the Ashland Historic Commission on July 3, 1991 in the Ashland Community Center located at 59 Winburn Way at 7:30 p.m. NOTE: This Planning Action will also be heard by the Ashland Tree Commission on July 2, 1991 in the Council Chambers located at 1175 East Main Street at 7:00 p.m. HELMAN STREET _ {f e t i E W I r- > cc r i a t- i — .m °o i ff n�. °o ° WATER STREET SITE PLAN/ROOF PLAN ��/ PLANNING ACTION 91-099 is a request for a Conditional Use Permit, Site Review and Physical and Environmental Constraints Permit to allow for the construction of a new 106 room hotel/office/retail complex located on the property bounded by Heiman, Central, Water Streets and Lithia Way. Comprehensive Plan Designation: Commercial; Zoning: C-1; Assessor's Map #: 966; Tax Lot: 100 and 400. APPLICANT: Lloyd Haines /J� CRITERIA FOR SITE REVIEW A) All applicable. City ordinances have been met and will be met by the proposed development. . B) All requirements of the Site Review chapter have been met. C) The site design complies with the guidelines adopted by the City Council for implementation of this chapter. 1J y� 18. 62.040 E. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Hearings Officer when the applicant demonstrates the following: 1) That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2) That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3) That the applicant has taken . all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously that reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4) That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. psi Y ice. %',� I�✓, CRITERIA FOR CONDITIONAL USE PEhAIT A) The proposal is in conformance with the Comprehensive Plan. B) The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C) In determining the above, consideration shall be given to the following: 1) Harmony in scale, build, coverage and density. 2) The availability and capacity of public facilities. and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. NJ i y3 AFFIDAVIT OF NOTICE On June 19. , 1991, the attached notice was mailed by the Ashland Planning Division to the attached mailing list for Planning Action # 91-099 The total number of notices mailed was 39 BY Rosemary. Susan Sonja DATE_ June 19. 1991 Notice checked by: John McLaughlin and Bill Molnar Planner Date: June 19, 1991 Property Owner Notified X Applicant Notified X yy BEFORE THE PLANNING COMMISSION FOR THE CITY OF ASHLAND JACKSON COUNTY, OREGON IN THE MATTER OF CONDITIONAL ) USE PERMIT AND SITE DESIGN ) REVIEW AUTHORIZATION FOR THE ) CONSTRUCTION OF A CONDOMINIUM) HOTEL OFFICE COMPLEX WHICH ) _ FINDINGS OF FACT AND INCLUDES RETAIL COMMERCIAL ) CONCLUSIONS OF LAW AND FOR PHYSICAL AND ENVIRON-) Exhibit '1' MENTAL CONSTRAINTS PERMIT ON ) LAND LOCATED ON WATER STREET ) IN THE CITY OF ASHLAND, OREGON) Lloyd Haines: Applicant ) I PROJECT DESCRIPTION AND OVERVIEW Property Location and Description The subject property is situated near Ashland's downtown commercial core within the city limits and urban growth boundary. The property is defined by the following streets that in part border it: Water Street,Heiman Street, Central Avenue, and "C' Street. The property is within a Retail Commercial (C-1) zoning district, and is designated for commercial use by the Ashland Comprehensive Plan, (ACP). The property is defined by the Jackson County Assessdr as Tax Lots 100 and 400 on plat map 39-1E-9BB.. The property consists of approximately 2.67 acres. The land is owned in fee simple by the applicant. Project Concept The project is.an integrated mixed-use condominium consisting of three components: Residential/hotel, office, and retail. The residential/hotel is designed to function on a flexible design and ownership basis. The units may be owned outright by a single owner or by multiple owners on a "timeshare" basis. The individual units may also be rented overnight as visitor accommodations. The design of the units allows broad flexibility. As owner-occupied living spaces, as few as 45 units are possible. As overnight accommodations, as many as 106 "rooms" are possible. Off-street parking, Findings of Fact and Conclusions of Law Page 1 J J! located primarily under the buildings, is hidden and provided in amounts sufficient to accommodate the living units and total project without regard to how the living units function. Housekeeping, security, and other resort amenities will be available to all units,regardless of their ownership or occupancy as an important measure to underscore the recreational flavor the project seeks to create. The operational concept desired is similar to that of the Oregon recreational communities of Sun River and Black Butte. The project's office and retail spaces will also be divided as "air-space" condominium units, allowing business owners to also own their business property. The applicant anticipates that some of the office and retail spaces will be sold, and others will be leased or rented to business owners. The applicant's desire is to retain a maximum amount of flexibility in the way the interior spaces of the project are owned and used The conditional use permit(CUP) sought will allow the desired flexibility. The residential/hotel has two planned conference/meeting rooms located off the lobby area, with limited kitchen facilities to serve them. The project has a planned pool and spa facilities that will be offered to the local public on a fee basis. Therapeutic massage, mineral baths,and other personal care services will also be available. Architecturally, the project takes dramatic advantage of the site's difficult natural topography. The buildings flow with the topography, cascading down the slopes so the buildings achieve their greatest heights on the lowest portions of the site. The architecture was designed to create a linkage between the nearby downtown and mixed-use neighborhood within which the project is located The project was also designed to integrate with Bluebird Paris and Ashland Creek, providing pedestrian linkages with the downtown sidewalk system by routing pedestrians through the project along Ashland Creek. Nature and Intent of Land Use Actions The project requires the following land use actions: • A conditional use permit. ALUO § 18.32.030. (E) and (F) list "[h]otels and motels, and "[r]esidential uses, subject to all the requirements of the R-3 district," as conditional uses. • Site design and architectural review under ALUO Chapter 18.72. • Portions of the project affected by the floodplain and riparian corridor of Ashland Creek require physical and environmental constraints review under ALUO Chapter 18.62. Applicable Substantive Criteria • The criteria for granting conditional use permits are in ALUO § 18.104.040. • The criteria for granting site review permits are in ALUO § 18.72.050. • The criteria for granting physical and environmental constraint permits are.in ALUO § 18.62.040(E). Findings of Fact and Conclusions of Law Page 2 �� Applicant Stipulations In preparing the application package it became clear that not all substantive criteria can be appropriately addressed without certain key promises and stipulations, and these appear throughout the document. If the application is approved, the applicant anticipates these promises and stipulations may become conditions attached to the project.The stipulations herein made by the applicant are summarized below: 1. The applicant will sign a deferred improvement agreement, irrevocably consenting to the improvement of Water Street to city standards as well as the widening of the existing bridge to match. 2. Improve the unbuilt portion of Central Street along the frontage of the subject property to full city standards. 3.Improve the water system as required to support the project. 4. Landscaping that does not survive doing the fast three years following initial planting will be replaced. 5. Specific lighting plans and specifications will be provided by the applicant for later review and approval by the City. All outdoor lighting will city standards. . 6. Windows in the hotel/residential portion of the buildings will be predominantly operable,not"fixed-pane." 7. Brush removal along Ashland Creek will be by mechanical means. Chemical brush control along the creek will not be used No healthy,mature trees within the riparian corridor will be harmed or removed. 8. All mass excavation will occur during the dry months of the year. Silt fences will be erected along the west side of the creek and remain in place during the mass site excavation. 9.Sandloil separators will be provided on all outdoor parking area catch basins. 10. Cut and fill slopes will be graded and compacted to Uniform Building Code (UBC) standards dealing with compaction and methodology. 11. A civil engineer registered in Oregon will prepare a grading and erosion control plan for review and approval by the City prior to the start of construction. A Oregon-registered engineer will also prepare all public facility improvement plans required by the City. 12. Storm sewer outlets into Ashland Creek will be rip-rapped to control erosion. 13. All portions of habitable.buildings and the parking garage located within the 100-year floodplain of Ashland Creek will be constructed not less than two feet below flood elevations shown on the City's flood plain maps. 14.The spa gazebo, and attached dressing and massage rooms, if constructed, will Findings of Fact and Conclusions of Law Page 3 [17 be flood-proofed consistent with the requirements of ALUO § 18.62.070(L). 15. The existing irrigation ditch crossing the property will be preserved in whatever reasonable manner the City finds appropriate. The precise manner for dealing, with the canal will be a part of the engineering construction plans described in Stipulation 11,above. 16. All habitable buildings, including the parking garage, will be constructed with a first finished floor elevation not less than two feet below the flood elevation to which they are adjacent. The applicant will furnish fencing plans for the pool area for review and approval by the City before construction. Fencing will comply with the requirements of ALUO § 18.62.070(K). 18.The project will be constructed in accordance with the plans and specifications approved by the City. Exhibits Submitted with the Applications The following exhibits were submitted with the applications: Exhibit 1: Findings of Fact and Conclusions of Law Exhibit 2: Site Plan and Architectural Plans (13 sheets) Exhibit 3: Assessor Plat Map(39-1 E-9138) Exhibit 4: Comprehensive Plan Map of Area Exhibit 5: Zoning Map of Area Exhibit 6: Topographic Survey Map by Hoffbuhr&Associates, Inc. Exhibit 7: Board of Architectural/Construction Material Samples Exhibit 8: Photographs of Neighborhood and Key Map Exhibit 9: Landscape Plans(2 sheets) Exhibit 10: Memorandum from Terry Loffrano regarding Building Height Exhibit 11: Ashland Transportation Plan Map(Part of ACP) Exhibit 12: City of Ashland Topographic Map Exhibit 13: City AutoCad Flood Plain and Topographic Map Exhibit 14: Ashland Vacant Commercial and Industrial Land Inventory Findings of Fact and Conclusions of Law Page 4 yg II ALUO CHAPTER 18.104 CONDITIONAL USE PERMIT Applicable Standard or Criterion ALUO § 18.104.040: A CONDITIONAL USE PERMIT SHALL BE GRANTED IF THE APPROVAL AUTHORITY FINDS THAT THE PROPOSAL CONFORMS WITH THE FOLLOWING GENERAL CRITERIA: ALUO § 18.104.040(A). THE PROPOSAL IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. . Findings of Fact Past decisions have established that ALUO § 18104.040(A),requiring a conditional use permit application to conform to the city's comprehensive land use plan, does not automatically transform all goals and policies into decisional criteria. Benjamin v. City of Ashland, _Or LUBA_.)LUBA No. 90- 065, November 13, 1990). In order to be considered as approval criteria, the language of the goals and policies, and the context in which the language is used, must indicate that the city intended the goals and policies to constitute approval criteria. We have carefully reviewed the comprehensive plan and believe that the following provisions may appropriately be considered as approval criteria: POLICY X11-1: THE CITY SHALL STRIVE TO MAINTAIN AT LEAST A 5-YEAR SUPPLY OF LAND FOR ANY PARTICULAR NEED IN THE CITY LIMITS. THE 5-YEAR SUPPLY SHALL BE DETERMINED BY THE RATE OF CONSUMPTION NECESSITATED IN THE PROJECTIONS MADE IN THIS COMPREHENSIVE PLAN. Findings of Fact 1. In Murphy v. City of Ashland, _ Or LUBA _ (LUBA No. 89-123, May 16, 1990), LUBA held that ACP Policy JOI-1 is a decisional criterion because the policy is implemented by the plan itself. 2. In July 1990, the Ashland Planning Department published a study entitled: Vacant Commercial and Industrial Lands in Ashland. The Maps and Inventory Report were published February 26, 1991. The inventory, attached as Exhibit 14,' contains an explanation of the methodology used to inventory "vacant" land, and presents the results of the inventory. The results are that 30.42 acres of vacant land zoned Retail Commercial (C-1)presently exist within the corporate limits of Ashland. 3. The ACP projects that a total of 98 acres of commercial land would be needed over the city's 20-year planning period. A five year supply is equal to 25% of 98 acres, or approximately 25 acres. The subject property is 2.67 acres. 4. Following consumption of the subject property by the proposed project, the city will have remaining 27.75 vacant acres, (30.42-2.67 =27.75). Findings of Fact and Conclusions of Law Page 5 Conclusions of Law We find and conclude that following consumption of the subject property, the City will have more than a five year supply of vacant land zoned for commercial use. The availability of a five year land supply evidences that the City has strived to maintain a sufficient land supply consistent with the requirements of ACP Policy XH-1. Applicable Standard or Criterion ALUO § 18.104.040(§). THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF THE PROPOSED DEVELOPMENT ARE SUCH THAT THE DEVELOPMENT WILL BE REASONABLY COMPATIBLE WITH AND HAVE MINIMAL IMPACT ON THE LIVABILITY AND APPROPRIATE DEVELOPMENT OF ABUTTING PROPERTIES AND THE SURROUNDING NEIGHBORHOOD. ALUO§ 18.104.040(C). IN DETERMINING THE ABOVE, CONSIDERATION SHALL BE GIVEN TO THE FOLLOWING: (1)HARMONY IN SCALE, BULK,COVERAGE AND DENSITY (2)THE AVAILABILITY AND CAPACITY OF PUBLIC FACILITIES AND UTILITIES. (3) THE GENERATION OF TRAFFIC AND THE CAPACITY OF SURROUNDING STREETS. (4)PUBLIC SAFETY AND PROTECTION. AREA.ARCHITECTURAL AND AESTHETIC COMPATIBILITY WITH THE SURROUNDING Findings of Fact 1. Neighborhood Location and Description. The surrounding neighborhood is defined as the area bordered by the "C" Street viaduct on the south, Van Ness Street to the north, and to the east and west, the land and uses that front upon Heiman and Water Streets between "C" Street and Van Ness. The southerly portions of the neighborhood where the subject property is located, is also influenced by the downtown area and its fringe, including the large single family dwelling located on the south side of North Main Street west of its intersection with Heiman. 2. Neighborhood Qualities and Characteristics. The qualities of the area's livability are characterized as follows: Convenient Location: The neighborhood's location on the downtown fringe allows convenient access to shopping,parks and recreational facilities,community services, and entertainment opportunities. Access to downtown uses and activities may be easily accessed by foot or bicycle. The sidewalks on Heiman Street presently connect the neighborhood to the downtown area. Mixed Uses and Zoning:The neighborhood is regulated by three zoning districts: High Density Multiple Family Residential (R-3), Employment (E-1), and Retail Commercial (C-1). Within the different zones in the neighborhood there are Findings of Fact and Conclusions of Law Page 6 5o single family residences, a hotel/restaurant, a bed and breakfast country inn,public parking, a veterinary clinic, light manufacturing (Pyramid Juice Bar Co. and Western Oil and Burner), public utility buildings, outdoor pipe and equipment storage. The mixed uses appear to function compatibly in their present environment. Noise : The neighborhood is reasonably quiet even though it exists in near proximity to the "C" Street viaduct which carries large volumes of traffic• producing considerable traffic related noise. Traffic: The neighborhood has relatively low volumes of traffic. on its surrounding streets, with the exception of the "C" Street viaduct. Pace: The neighborhood, even with its commercial and light manufacturing uses, gives the appearance of having much a slower pace than that occurring in the nearby downtown area. Architectural Style: The architectural style of buildings in the neighborhood are mixed. The most consistent architectural style is the "craftsman" style of the single family homes in the neighborhood. The "craftsman" style is characterized by gently pitched roofs with broad overhangs at both the gable and eaves, ridge boards often extending beyond the edge of the roof are supported by straight brackets. Homes in the 'craftsman" style may be one, one and one-half, or two story construction. Simple "stickwork" is frequently used for railings and columns. Often a lower gable roof covers an open or partially enclosed porch. "Craftsman" style siding is typically wood siding or shingles. Windows are typically double hung sash without shutters. Doors are normally five panel although four and six panels were sometimes used in the traditional style. Little or no non-functional architectural embellishments are added to homes in the "craftsman" style. The 'craftsman" style bungalow was developed as a simple, inexpensive and functional house in contrast to earlier houses where servants were prevalent. Building Heights and Development Intensity: The height of buildings in the neighborhood vary considerably. Most, but not all buildings have a height lower than those in the project; the single family dwellings and most other uses are lower in height; Bards Inn has a height comparable to the height of the subject buildings. The development intensity of the neighborhood is greatest at its south and north ends. The south end of the neighborhood presently becomes most intense by the influence of Bard's Inn. The north end's intensity owes primarily to the light manufacturing uses which occur on that end. In between, the neighborhood is characterized by single family dwellings, the veterinary clinic,and country inn. Views: The views onto and beyond the property are varied The views and the affect on the project upon them are described later. Generally, the views of buildings in the neighborhood are oriented toward the streets on which they front. Views are often obscured by overhead power lines. 3.Surrounding Architectural Styles. Residential: Existing residential structures are a mixture of one and two-story "craftsman" style construction, with hip and gable style composition roofs, and Findings of Fact and Conclusions of Law Page 7 5� painted wood siding. Front yard areas are generally shallow and well kept. In most cases, dwellings are set back less than twenty feet from the rights-of-way of adjoining city streets. Commercial: Commercial structures in the area are a combination of one, two, and three story construction. The architectural styles of commercial buildings range from "craftsman", in the case of Bard's Inn, to modern/contemporary in the case of the veterinary clinic. Some buildings in the area are of metal and concrete block construction as shown by the Exhibit 8 photographs. The subject property is also near the downtown core area of the city.. Buildings in the downtown are of an entirely different style, height, and bulk than residential and commercial structures in the subject neighborhood. Downtown commercial buildings are substantially greater in height, scale, bulk, and coverage. 4. Abutting Land Uses. The only "abutting" uses are a municipal parking lot and private parking lot used by Bard's Inn (Jonathan's restaurant), located on Tax Lots 200, 300, and 500 of the Exhibit 3 assessor's map. In all other instances, the property is separated from other structures and uses by the four streets that surround the subject property. 5. Land Uses Across Streets. Uses directly across the four streets that adjoin the subject property are as follows: West Across Heiman Street: Bard's Inn and its restaurant, Jonathan's, a two-story building situated on elevated terrain, and single family residences. North Across Central Street: A modern, flat- roofed, veterinary clinic, parking, vacant land, and metal building housing Western Oil and Burner, a light manufacturing use involved in fabricating boilers. East Across Water Street: Waterside Inn, a country inn featuring two-story construction, municipal parking lot, public utility building of concrete block construction owned by CP National, and vacant land situated along Water.Street. South Across "C" Street and Viaduct: The Bard's Inn three-story addition in the "craftsman" style, large historic "tureen Ann" and "craftsman" style single family dwellings on elevated terrain. The dwellings have a combination of hip and gable roofs with wood shingles, concrete shingles, and composition shingles. Downtown buildings and uses are located further south and southeast. 6. Topography of Subject Property. The subject property is situated at or in some instances substantially below the grade of the surrounding streets. Refer to the Exhibit 6, 12 and 13 topographic survey maps, and Exhibit 8 photographs. 7. Architectural Style and Construction Materials for the Project. The architectural style of the project is "craftsman." Construction material samples are provided as Exhibit 7. The materials are similar to those used for single family "craftsman" style dwellings in the neighborhood to the northwest, west, and southwest. Construction materials consist predominantly of composition shingles on a gable roof, and wood frame construction with painted Masonite siding to give the appearance of painted wood lap siding. Windows in the hotel/residential buildings will be predominantly operable. Findings of Fact and Concluslons of Law Page 8 Sa 8. Roof Pitches. The roof pitch on nearby surrounding buildings varies. Some roofs are flat. Pitched residential roofs have slopes ranging between 3:12 and 7:12. The roof pitch for most buildings in the project is 4:12. The roof of the pavilion building adjacent to the viaduct has a steeper pitch. The steeper pitch blends with the lower pitch of the connecting buildings. 9.Operating Characteristics. The mixed use project will have the following operating characteristics: Office Space: Offices will be used in a manner typical of general business offices. Occupancy will be primarily during normal business hours. The rate and volume of vehicular traffic expected by the offices are projected latter. Retail Commercial Space: Space in.the project devoted to retail commercial uses will operate in a manner typical of retail shopping uses and activities. Occupancy will be primarily during normal business hours, plus Saturday and possible Sunday occupancy. The rate and volume of traffic expected from the general retail uses are projected later. Office and retail parking is generally located outside on the northwest portion of the property. The applicant believes that most retail shopping will be by pedestrians already within the downtown area. Residential/Hotel: Residential/hotel uses will operate as a hybrid combination of the two uses. Units occupied all of the time by their "time-share" owners will operate similar to any multiple family residential occupancy. When the units are occupied by overnight guests, the use will function and operate more like a conventional hotel/motel. Housekeeping will be available for all living units regardless of their occupancy to further reinforce the hotel flavor of the project. Parking for the residential/hotel units, manager and staff of six is generally accommodated internally within the buildings. Refer to the Exhibit 2 Site and Architectural Plans. The applicant believes that permanent residents and guests will limit much of their travel to walking given the proximity to the downtown area and good connecting pedestrian facilities. "The retail and office uses are in the building nearest the "C" Street viaduct. 10. Off-street Parking. The project has 125 off-street parking stalls, equivalent to the amount required by the ALUO Chapter 18.92, based on the mixed occupancy and "hotel" use of the project. All of the adjoining streets, except the "C" Street viaduct, have curb-side parallel parking. The city is presently considering, but has not yet adopted, a program to offer "parking credits" for uses that have on-street parking adjacent to them. No credit for on-street parking is required for the project to meet the parking requirements of ALUO Chapter 18.92. 11. Project Scale, Bulk, Coverage and Density. The connected structures together form a larger mass of buildings than any other structure in the immediate vicinity. The individual structures are broken up but connected to one another by covered walkways. Each individual structure has a size similar to some of the larger buildings in the immediate surrounding neighborhood Buildings in the nearby downtown core area form a greater building mass than the subject project. The project buildings cover 35,837 square feet, equal to 30% of the site. The ALUO does not prescribe a maximum building coverage for the subject C-1 zone, or adjacent C-1-1), E-1, or M-1 zones. The Findings of Fact and Conclusions of Law page 9 53 adjacent R-3 zone has a maximum lot coverage of 75%. Density is a measure of the number of living units per acre. In this instance, density is not an appropriate method to compare nearby residential uses because the entire project is not "residential." However, for aspects of the project that have a "residential" character, the density for 106 inn rooms on 2.67 acres is +/-40 units per acre. The higher density can be provided while still meeting all physical requirements of the C-1 zone because most off-street parking is provided internally within the buildings. The hotel units are substantially smaller than residential housing units found in the surrounding area. 12. Building Height. The buildings in the project observe the 40 feet height limitation of the C-1 zone, [ALUO § 18.32.040(B)]. Refer to Exhibit 10, a memorandum from the applicant's architect interpreting the city's height regulations to the project. The buildings in the project "step down" the slope of the property; at the street grade of Heiman Street, the highest point on the property, subject buildings achieve a height consistent with the height of the Bard's Inn buildings located across the street. The subject buildings are somewhat higher in appearance from the Water Street side because this is the lowest point on the property. On the Water Street side the tallest buildings are set back the greatest distance from the street. Refer to the Exhibit 2 building elevations and Exhibit 8 photographs. 13. Views. A good sense of the existing views can be gained by an examination of the Exhibit 2 plans, and Exhibit 8 photographs. The views through the property and the effects of the project on nearby properties that may be "view-sensitive"follows: Heiman Street: Views from the higher elevation Bard's Inn will be minimally altered by the project. Views from the two single family residences located on the west side of Heiman Street and south of Central Street are views of the subject property itself, and the sky above and beyond the property. Properties situated along the west side of Heiman north of the subject property will have their oblique views affected either minimally or not at all. Water Street: Views from the nearby Waterside Inn will be minimally affected by project buildings. Their primary view orientation is to the creek that runs behind the inn,rather than to the street which faces the subject property. Central Street: Views from the veterinarian clinic will be blocked somewhat by project buildings. The clinic has no view orientation toward the subject property or the landscape beyond. "C" Street Viaduct: Views of the subject property from the viaduct will be somewhat blocked by the pavilion building. Views of the landscape beyond the property will be affected either minimally or not at all. 14. Surrounding Streets and Street Capacity. The streets listed below surround and serve the subject property. A copy of the Ashland Transportation Plan is included as Exhibit 11. Traffic counts taken at various locations by the Ashland Public Works Department and Oregon State Highway Division follows: Heiman Street: Helman is a designated collector street having a 60 feet wide right-of-way. Traffic counts are as follows: 1,890 vehicles 100 feet north of North Main Street (1985); 1,717 vehicles 50 feet south of Van Ness Street (1989). Heiman has an improved section measuring 30 feet from curb-to-curb. Concrete Findings of Fact and Conclusions of Law Page 10 5y curbs, gutters, and sidewalks are on both sides of Heiman fronting and extending beyond the property. The sidewalks connect the surrounding neighborhood to Ashland's downtown area. Water Street: Water Street is a lower order local access street having a 40 feet wide right-of-way. No traffic counts are available, but traffic levels are believed to be very low. Based on the types of uses on Water Street, and its short distance, the applicant's consulting urban planner believes the street carries less than 800 vehicles. Water Street is improved with paving to a width that varies from 24 to 32 feet between Van Ness and North Main Street. Concrete curbs and gutters generally exist on both sides of the street. Presently there are no sidewalks along the frontage of the property or across the street. The city will require Water Street to be improved to full city standards as part of a local improvement district (LID) as a condition of approval. A part of the project will require widening the bridge crossing Ashland Creek on Water Street. The applicant stipulates to financial participation in the improvements. The applicant's intention is to construct a walkway along the north side of the creek to serve as a public sidewalk. The creek-side walkway will connect to the existing bridge across Ashland Creek, and from there to the city parking area and the existing adjacent public sidewalks. On the other end, the walkway will connect to a conventional street-side sidewalk to be constructed along Water Street as part of its future improvements through the LID. The applicant's intention and desire is for the creek-side walkway to replace any need for a sidewalk along that portion of Water Street to which it is generally parallel. . The Exhibit 2 Site and Architectural Plans accurately depict the applicants intentions for sidewalk and walkway locations. Central Street: Central Street is a lower order local access street having a 60 feet wide right-0f--way that extends through to Water Street. The only available traffic count indicates 160 vehicles 100 feet east of Laurel Street (1989). Central Street is improved with paving to a width of 30 feet from curb-to-curb. Concrete curbs and gutters exist along the improved segment of Central adjacent to the subject property. Curbs, gutters, and sidewalks exist on the opposite side of the street. Approximately one-third of Central Street east of its present terminus between Heiman and Water Streets is presently unbuilt. The city will require Central Street to be extended and coastructed.to full city standards as a condition of approval. The applicant stipulates to the improvements. Sidewalks along the Central Street frontage of the property will be a part of the improvements. The sidewalks will connect the project to the downtown area. "C" Street Viaduct: "C" Street along the property frontage is a designated arterial street that is part of the state highway system The street has a 60 feet wide right-of-way. The viaduct carries only northbound traffic in two lanes, (including an emergency parking lane), adjacent to the site. A traffic count of 12,700 vehicles was taken 1/100 mile north of Oak Street in 1989. "C" Street is improved to a curb-to- curb width of 44 feet. It has concrete curbs, gutters, and 6.5 feet wide sidewalks located on either side of the street. Existing sidewalks on the viaduct connect to those along Heiman Street. 15. Traffic Generation. According to the source reference, Trip Generation, by the Institute of Transportation Engineers, 4th Edition, the subject uses will generate traffic at the following rates and volumes: Findings of Fact and Conclusions of Law Page 11 �� Use Trip Generation Rate Units/SF ADT" Hotel 10.189/occupied room 106 1,080 Office Space 24.39/1000 SF 1,998 SF 49 Retail . 40.675/1000 SF 4,500 SF 183 Total 1,312 Table Notes: (1)ADT=Average Daily Vehicle Trips. (2) Traffic volumes from Trip Generation were estimated under the following categories: Motel (Code 320), Office Space (Code 710), Retail (Code 814). The table indicates average weekday traffic generated by the uses. Weekday traffic produces the highest peak traffic volumes. 16. Access into the Site. Vehicular access into the site is from two driveways off Water Street serving parking enclosed within the buildings, and one driveway off Central near Helman serving the outdoor parking areas. 17. Street Capacity and Traffic Flows. The following are the opinions of the applicant's consulting urban planner, Craig Stone: Three types of streets carry traffic to the property. The streets are either adjacent to or will serve the site. The streets are: The "C" sheet viaduct,.an arterial street; Helman Street, a collector, and, Water and Central Streets, both local access streets. Four lane arterial streets have a typical threshold design capacity of approximately 28,000 average daily vehicle trips, (ADT) at service level "D". Two-lane collector streets typically have a threshold design capacity of +/- 10,000 ADT at service level "D." Two lane local access have an optimum volume of traffic not exceeding 3000 ADT. The project is anticipated to generate approximately 1,312 ADT. Ultimately, all of the traffic going to or leaving the site by automobile will traverse either Central or Water Streets, or both. If all of the expected 1,312 vehicle trips used either street, their capacities would not be threatened Likewise, if all of the expected traffic used Helman or "C" Streets, their threshold capacities would be unthreatened. All adjoining streets, and those serving the property are either presently adequate to accommodate the planned uses,or will be made adequate through improvements required as conditions of approval. 18. Sanitary Sewer Service. There is a 10-inch sewer line in Water Street, and 6-inch sewer line in Helman Street. The Ashland Public Works Department believes the lines are of adequate size and condition to serve the project. 19. Water Service. Four-inch cast iron water mains are in Helman and Water Streets. An 8-inch cast iron water main intersects the 4-inch main at the intersection of Water and Spring Streets. The Ashland Public Works Department has advised the applicant that water system improvements in the area are needed to support the project. The needed improvements are covered by conditions of approval to which the applicant stipulates. 20. Storm Drainage. The property drains naturally to Ashland Creek. The applicant asserts that the project will include an underground storm drainage system having a direct discharge into Ashland Creek. The project has 40,821 square feet of total impervious surface area, (36% of the site). New impervious surfaces will increase the speed and volume of storm runoff. Storm drainage discharges will be required to meet Oregon water quality standards. Findings of Fact and Conclusions of Law Page 12 �� 21. Public Safety and Protection Services. The property is served by the Ashland Police Department. Supplemental police protection is provided by the Oregon State Police. Fire protection is supplied by the Ashland Fire Department. Supplemental protection under a mutual aid agreement is provided by Jackson County Rural Fire District 5. The fire station is located less than one mile from the property, and response time is estimated at less than 5 minutes. Four fire engines would respond to a fire. All equipment would arrive in 10 minutes or less. The above information regarding equipment and response time was furnished by the Ashland Fire Department. 22. Utilities. The property is served with electricity by the City of Ashland Electric Utility. The site also has telephone and cable television utilities available. 23. Public Schools. The applicant does not believe that the uses envisioned by the project will contribute to the generation of any school-age children or classroom loading. 24. Landscaping. Landscaping will be installed according to the Exhibit 9 Landscape Plans. The project has 39,757 square feet of landscaped area, (34% of the site). ALUO § 18.72.090(A)requires a minimum of 15% of a site to be landscaped. The landscaping will be irrigated by an automatic underground system using pop-up sprinklers for lawn areas, and drip irrigation for all shrub beds. Existing trees along Ashland Creek will be preserved. Creek-side vegetation will be cleaned-up consistent with the city's riparian preservation regulations and conditions of approval. 25. Zoning. The subject property is zoned Retail Commercial (C-1). The property is located in an area where several zoning districts are either adjacent or within close proximity. The zoning pattern is shown on the Exhibit 5 zoning map. Identical C-1 zoning borders the south and portions of the east and west boundaries of the site. Employment (E-1) zoning borders the north and a portion of the east boundaries. High Density Multiple Family Residential (R-3) zoning borders a portion of the west boundary. The adjacent and nearby uses fall into the following zones: Bard's Inn, Jonathan's restaurant and its parking are on land zoned C-1. The city parking lots are zoned C-1. The Waterside Inn, veterinarian clinic, and public utility building are on land zoned E-1. The existing single family residences across Helman Street from the subject property, and other single family dwellings along and on the west side of Helman are zoned R-3. Dwellings and light manufacturing uses on the east side of Helman north of the subject property are zoned E-1. 26. Open Space. The subject property is presently vacant. A building once stood on its northwest corner, (Exhibit 12). The applicant believes that the property has probably functioned as open space for the surrounding area even though it is and has been largely in private ownership. The property is not designated by the ACP for public park or open space, and the City has no plan to acquire the property for such use. 27.Noise. Noise in the area is primarily from traffic on the "C" Street viaduct and other local streets. Some noise is also produced by Western Oil and Burner, a company located across Central Street from the property on the northwest corner of Central and Water Streets. The company manufactures boilers. Viaduct traffic is the largest single source of ambient noise in the area. The applicant believes the additional noise that can be expected from the project relate to its additional traffic. Generally, additional noise will be localized in the vicinity of parking access to the site and the tennis court. The Findings of Fact and Conclusions of Law Page 13 57 Water Street parking access and tennis court are in near proximity to the Waterside Inn. The Waterside Inn is a similar use to the subject residential/hotel use. The Central Street parking access is across from the veterinarian clinic and its parking. As a business, the clinic operates primarily during normal business hours and is not a use typically characterized as noise-sensitive. Loud, disturbing, or unnecessary noise in Ashland is regulated by the Ashland Municipal Code (AMC) Section 9.08.170. AMC Subsection 9.08.170(C) establishes allowable statistical noise levels. The allowable noise levels are ten decibels lower than comparable state standards. All general categories of land use, including the subject conditional uses, are regulated by and subject to the cited noise standards. 28. Appropriate Development. The vacant land abutting and within the area surrounding the subject property may be appropriately developed with any of the allowable uses in zones within which the lands are located. Surrounding zones include R-2, R-3, C-1, E-1, and M-1. The allowable uses are listed in ALUO Chapters 18.24, 18.28, 18.32, 18.40, and 18.52. Conclusions of Law Based on the preceding conclusions of fact, the City Council makes the following conclusions of law with respect to the requirements of ALUO § 18.104.040 (B) and(C). Unless otherwise noted, our conclusions that the use is "compatible" and will not produce greater than minimal impacts, relates to all abutting properties and those in the surrounding area,and to the appropriate development of those properties. Location: We conclude that the front property line defining the front yard area is along Hehmn Street. The buildings principally orient toward Helman. We further conclude the location of the buildings are appropriate in relation to property boundaries and other nearby uses and structures. We further conclude that the location for a residential/hotel facility of the type contemplated is appropriate. We believe a residential/hotel location in near proximity to the downtown will promote a convenient pedestrian- oriented and energy efficient use of the land consistent with the objectives of the comprehensive plan. Size, Scale and Bulk: The individual but connected buildings that comprise the project are found to be larger in size, scale and bulk than any other nearby structure except for those in the downtown area. However, the projects sloping site and "stepped" architecture serve to make it harmonious and compatible in size, scale and bulk with other smaller nearby buildings. To the extent the size, scale and bulk of the buildings are larger and differ from that of others in the surrounding area, we find the that the differences are harmonious and compatible, and will produce impacts no greater than minimal upon the area's livability. Design of the Development, 'Architecture and Aesthetics: We conclude that the development design is appropriate in terms of its architecture and aesthetics to the abutting properties and the surrounding neighborhood. The architecture is specifically compatible to the "craftsman" style homes predominating in the area, and other buildings in the area constructed in the 'craftsman" style. To the extent the architectural/aesthetic style of the buildings differ from that of others in the surrounding area, we find the that the differences are compatible and will produce impacts no greater than minimal upon the area's livability. Operating Characteristics: We conclude that the operating characteristics of the mixed Findings of Fact and Conclusions of Law Page 14 �8 uses will be similar to some adjacent and nearby uses, (Waterside Inn and Bard's Inn), but different than others, including single family occupancies and the veterinarian clinic. The retail and office uses produce the greatest difference in operating characteristics in comparison to uses in the surrounding area. Nearby residential uses are most different in terms of operating characteristics. The location of retail and office uses nearest the viaduct and furthest from the nearby residential uses, was a sound method to promote project compatibility. To the extent the operating characteristics of the subject uses differ from that of others in the surrounding area, we find the that the differences are compatible and will produce impacts no greater than minimal upon the area's livability. Density/Intensity: We believe the term "density" is not a good yardstick to measure and compare different types of land use. The subject use, while having a somewhat residential occupancy, is not "residential" in the ordinary meaning of the term. "Density" is a term applied to residential land uses. As to the project's overall intensity, we believe it will be somewhat greater than that of other surrounding properties. In this location, we conclude the more dense/intense use can be reasonably accommodated because of its near proximity to the downtown, even though the property interfaces with other similar, albeit somewhat less intense neighbors. We conclude that the design of the development accommodates its greater intensity. The design. places the most intensive uses, offices and retail commercial, nearest the downtown interface and furthest from the other less intense adjoining uses. To the extent the proposed use is more dense or intensive than other uses in the surrounding area, we conclude that the differences will be compatible and harmonious, and will not produce impacts greater than minimal upon the area's livability. Coverage: The Exhibit 8 photography key map (showing property lines and some structures), and the Exhibit 12 Ashland Topographic Map, (showing all structures that existed when the map was prepared), indicate building coverages for the surrounding properties. The Exhibit 2 Site and Architectural Plans illustrate the building coverage for the project. Building coverage is approximately one-third of the site. Visually, the coverage appears greater than for all other properties in the surrounding area except the veterinary clinic and Bard's Inn. The building coverage of the site appears to be somewhat greater than for all other uses in the surrounding area. We find it significant that there are no building coverage regulations in the C-1 zone. ALUO § 18.32.040(A) explicitly exempts development in the C-1 zone from any specific requirement for building coverage other than those imposed under site design review or through solar access requirements of the ALUO. We conclude that the differences among building coverages for uses in the surrounding area in comparison to those of the project are not significant, will be compatible and harmonious, and will not produce impacts greater than minimal upon the area's livability. Appropriate Development: We have considered the allowable uses in all surrounding zones, and conclude that the project will not produce greater than minimal affects upon the appropriate development of abutting properties and those in the surrounding area. We believe that Ashland's conditional use permit, and site plan and architectural review processes have provided a sound basis to analyze the subject project and make it compatible with all future appropriate development in the surrounding area. The site plan and architectural review process will provide a means to ensure that all future appropriate development in the surrounding area will itself be compatible. Public Facilities and Utilities: We conclude that a full range of public facilities and services are presently available to the subject property. All public facilities and services Findings of Fact and Conclusions of Law Page 15 are presently adequate in their capacity to support project development, with the following exceptions: 1) Water Street and its bridge over Ashland Creek along the subject property frontage requires widening. 2) Central Street requires extension east from its present terminus to connect with Water Street, an extension of roughly 100 feet. 3) Improvements are required for the existing water system in Central and Water Streets. We believe the conditions attached to the approval make adequate and appropriate provision for the above needed facility improvements. Based on the above conclusions, we find and ultimately conclude that public facilities and utilities are or will be available in sufficient capacity to serve the subject project. The conditions of approval requiring public facility improvements serve to make the project compatible with other uses in the area, and to produce impacts no greater than minimal upon the area's livability. Traffic Generation and Street Capacity: We conclude that the project will generate approximately 1,312 average daily vehicle trips, and those, when added to the traffic volumes that presently exist on streets in the area, will not exceed their capacities. Conditions of approval requiring improvements to Central and Water Streets will •.. enhance their capacities and ability to accommodate traffic generated by the project. The conditions of approval requiring street improvements serve to make the project compatible with other uses in the area, and to produce impacts no greater than minimal upon the area's livability. Public Safety and Protection: We conclude that police and fire protection constitute public safety and protection services to be considered under ALUO § 18.104.040(C)(4), and that these are presently adequate to protect the public health and safety of the community and subject project. The conditions of approval with respect to fire suppression will the delivery of fire protection and suppression services to the site. Livability: In McCoy Y. Linn County (90 Or App at 276), it was held that a similar standard required the fact finder to identify the qualities and characteristics which constitute "livability" and determine whether the proposed use will cause more than a minimal adverse impact upon those. We believe the location of the surrounding neighborhood and its qualities and characteristics which constitute and define its livability are those described above in Findings of Fact#1 and#2. We further find that the following elements, in addition to those covered above, may affect the qualities and characteristics of the area's livability: Loss of Open Space: In Benjamin v. City of Ashland,_Or LUBA (LUBA No. 90-065, November 13, 1990), an appeal was filed on the City's approval to expand the Ashland Community Hospital as a conditional use in a residential zone. In that case, opponents claimed the entire vacant site to be used for the expansion was de facto or incidental open space which had to be considered as one of the characteristics of livability. Under that subassignment of error, LUBA held: "Accordingly, because the site proposed for development is not designated by the city plan as open space, current use of the entire site as de facto open space need not be considered on the characteristics of neighborhood livability, and ALUO 18.104.040(B)does not require the city to demonstrate that loss of this open space due to the proposed development will not have more than a minimal impact on neighborhood livability." Findings of Fact and Conclusions of Law Page 16 �� We conclude that, considering "incidental or "defacto open space," the coverage and density of the proposed use will not have a significant adverse impact on the livability of the neighborhood. Noise: We conclude that the project will generate additional levels of traffic on the local street network, and that additional traffic and access onto and from the site will produce additional levels of noise. Some additional noise may also be produced by the tennis court to be located on the northeast portion of the site near the Waterside Inn. We believe the uses and their traffic will be able to comply with the City's noise regulations. We further conclude that the additional levels of noise and its potential impact will be subject to the City's noise ordinance, [AMC Subsection 9.08.170(C)]. We believe that enforcement of the noise ordinance, if required, is sufficient to make noise levels compatible with uses in the nearby and surrounding area, and to produce impacts no greater than minimal upon the livability of abutting uses and those in the surrounding area. Parking: We conclude that the project provides parking commensurate with the requirements of ALUO Chapter 18.92. While there may be instances where more on-street parking is needed than are required by the ALUO or provided on the site, additional parking will be available along the street frontages adjoining the subject property. The street improvements required as conditions of approval help ensure the future existence of additional parking. We believe that meeting the City's off-street parking requirements, in addition to there being on-street parking along three of the four abutting streets,will result in compatibility with abutting uses and those in the surrounding area, and that if impacts to the area's livability do result, they will be no greater than minimal. Ultimate Conclusions of Law for ALUO § 18.104.040(B): Based on the preceding conclusions of fact and law, we find and conclude that the location, size, design and operating characteristics of the proposed development will be reasonably compatible with and have impacts no greater than minimal upon the livability and appropriate development of abutting properties and the surrounding neighborhood. Ultimate Conclusions of Law for ALUO § 18.104.040(C): Based on the preceding conclusions of fact and law, we find and conclude that appropriate consideration was given to the five enumerated factors in ALUO § 18.104.040(C) with respect to the requirements of ALUO § 18.104.040(B). In summary conclusion, we find that the conclusions of fact support granting the conditional use permit for the flexible use of the property as both a "hotel" and as a "residential use" under ALUO § 18.32.030(E)and(F). Findings of Fact and Conclusions of Law Page 17 �p In ALUO CHAPTER 18.72 SITE DESIGN USE GUIDELINES AND POLICIES Applicable Standard or Criterion ALUO SECTION 18.72.050:CRITERIA FOR APPROVAL ALUO § 18.72.050(A). ALL APPLICABLE CITY ORDINANCES HAVE BEEN MET AND WILL BE MET BY THE PROPOSED DEVELOPMENT, The City Council has determined that the following constitutes the full range of applicable city ordinances and regulations applying to the subject project which are not otherwise required to be addressed through other criteria applicable to the required permits sought by the applicant: ALUO § 18.32.040(A): Area,width,yard requirements: "There shall be no minimum lot area width,coverage, front yard, side yard,or rear yard, except as required under the Off-Street Parking and loading requirements and Solar Access chapter, except where required or increased for conditional uses; and except where inquired by the Site Review chapter (18.72) of this title; and except where abutting a residential zone, where such setback shall be maintained at 10 ft. per story for side and rear yards." ALUO § 1832.040(B): Maximum building height: "No structure shall be greater than 40 feet in height." (C-1 zone). ALUO § 18.92.020: Off-Street Parking Spaces Required: ALUO § 18.92.020 requires off-street parking to be provided at the following rates: Hotels: "One space for each guest room, plus one space for the owner or manager." [ALUO § 18.92.020(A)(4)] - . Multi-family Dwellings: "One and one-half spaces per one bedroom unit;one and three-fourths spaces per two-bedroom unit; and two spaces per three or more bedroom unit." General Retail: "General- one space for 300 sq. ft.of gross floor area." [ALUO § 18.92.020(B)(3)] General Offices: "General-one space per 400 sq. ft.of gross floor area." Findings of Fact and Conclusions of Law 1. We conclude that the front property line defusing the front yard area is along Helman Street. The buildings principally orient toward Hehnan. Access problems associated with the "C" Street viaduct, and topographic and access problems -associated with Central Street make these streets impractical to function as front lot lines or front yards upon which the development would orient. Findings of Fact and Conclusions of Law Page 18 �p.a 2. Based on the Exhibit 2 Site and Architectural Plans and facts earlier stated under ALUO § 18.104.040(B) and (C), we conclude that the project meets the City's off-street parking and loading,and solar access requirements. 3. Based on the Exhibit 2 Site and Architectural Plans, and Exhibit 10 memorandum . from Architect Lofftano, we find and conclude that all buildings in the project do not exceed a height of 40 feet. 4. With respect to parking, we conclude that the greatest parking requirement for the project under ALUO § 18.92.020 occurs if all of the hotel/residential units are rented as overnight accommodations. A maximum 106 rooms could potentially, be rented as overnight accommodations. The greatest number of "multi-family residential" units possible is 45, and that produces a lesser parking requirement. Overall, with 106 hotel rooms, 4,500 square feet of general retail space, and 1998 square feet of general office space,we conclude that the project,in providing 125 off- street parking stalls,meets and exceeds the parking requirements of ALUO § 1892.020. Applicable Standard or Criterion ALUO§ 18.72.050(B).ALL REQUIREMENTS OF THE SITE REVIEW CHAPTER HAVE BEEN MET. Findings of Fact 1. The Exhibit 2 Site and Architectural Plans and Exhibit 9 Landscaping Plans illustrate that 34% of the site is landscaped, and to be served by an automatic underground irrigation system. The landscaping is located on portions of the site where it is visible from the adjoining public streets, and where it will buffer and screen other nearby land and development. Landscaping in and adjacent to the outdoor parking areas consist.of more than 7% of the site devoted to outdoor parking. 2. The owner/applicant stipulates to the replacement of any landscaping that does not survive during the fast three years following initial planting. 3. Parking areas located within the buildings can not generally be seen from points beyond the property boundaries. The outdoor parking areas are screened from public street views by landscaping and buildings. 4. Site lighting specifications are not included on the Exhibit 2 Site and Architectural Plans. The applicant stipulates to providing specific lighting plans and specifications that conform to city standards as a condition of approval. Conclusions of Law We conclude that the project meets the requirements of ALUO Chapter 18.72 dealing with site review, with the singular exception of conformance with ALUO § 18.72.110 dealing with light and glare performance standards. We can make no final conclusion with respect to conformance with that standard because no specifications are provided on the plans. We believe the standards of ALUO §18.72.110 can be met, and the requirements will be addressed later by the applicant as a condition of approval. Findings of Fact and Conclusions of Law Page.19 63 Applicable Standard or Criterion ALUO§18.72.050(C).THE SITE DESIGN COMPLIES WITH THE GUIDELINES ADOPTED BY THE CITY COUNCIL FOR IMPLEMENTATION OF THIS CHAPTER. POLICY: DEVELOPMENT IN COMMERCIAL AND EMPLOYMENT ZONES SHALL, WHENEVER POSSIBLE, CONFORM TO THE FOLLOWING: Findings of Fact 1. The Exhibit 2 Site and Architectural Plans indicate the buildings have a primary orientation toward the four streets upon which they face. The outdoor parking areas are almost exclusively located internally on the site. 2. The Exhibit 9 Landscaping Plans illustrate street trees placed at intervals of approximately 30 feet. The trees have been specified from the City's list of approved . street trees. 3. The Exhibit 9 Landscaping Plans illustrate landscaping materials known to produce healthy growth under local soil and climatic conditions. The applicant's landscape designer, Terry Lippert, is a long-time Ashland landscape designer/installer with extensive localized knowledge of plant materials and their performance. Note: Although both Exhibit 2 and Exhibit 9 illustrate landscaping, the applicant has specified that the Exhibit 9 Landscaping Plan shall govem with respect to the type, quantity, placement and location of all landscaping materials. Landscaping on the Exhibit 2 Site and Architectural Plans is for illustration purposes only. 4. As earlier found, parking areas located within the buildings can not generally be seen from points beyond the property boundaries. The outdoor parking areas are screened from public street views by landscaping and buildings. 5. The applicant stipulates that the windows in the hotelftsidential buildings will be predominantly operable, opening to allow natural climate control. 6. Buildings will be constructed to meet or exceed the Uniform Building Code and its heat-loss and weatherization standards. The City Energy Coordinator will review the architectural construction documents and make appropriate recommendations to the applicant or his architect. 7. As earlier found, the project either does or can conform with the City's noise and glare regulations and performance standards. 8. Exhibit 7 indicates the materials with which the buildings will be finished The materials were selected to be compatible with local examples of 'craftsman" style architecture and construction. 9. The Exhibit 2 Site and Architectural Plans indicate that all outdoor parking areas may be observed from the interior spaces of some of the buildings. Surveillance of the parking areas was provided as a means to reduce potential vandalism and mischief. Findings of Fact and Conclusions of Law Page 20 Y Conclusions of Law We find and ultimately conclude that the project complies with the Site Design and Use Guidelines adopted by the City Council for implementation of ALUO Chapter 18.72. IV ALUO CHAPTER 18.62 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS Applicable Standards or Criteria ALUO § 18.62.040(E . A Physical Constraints Review.Permit shall be Issued by the Hearings Officer when the Applicant demonstrates the following: ALUO§18.62.040(E)(1). That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. ALUO § 18.62.040(E)(2). That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. ALUO § 18.62.040(E)(3). That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. ALUO § 18.62.040(E)(4). That the development is in compliance with the requirements of this chapter and all other applicable City Ordinances and Codes. Findings of Fact 1. The applicant has considered the potential for damage, hazard, and environmental impacts the project has a potential to produce, and has implemented reasonable mitigation measures that are summarized in the findings of fact contained in this document section. Development of the subject property has the potential to produce damage or hazard to persons or property upon or adjacent to the area, and to produce adverse environmental impacts in the following ways related to flooding and riparian preservation: • The creation of impermeable surfaces within the subject property where a natural environment existed before development will increase the quantity and velocity of storm water entering Hamilton Creek and leaving the site. • The quality of storm water is adversely affected by parking lot oil and grease. • Chemical methods of brush removal within the riparian corridor would result in diluted herbicidal chemicals being transported downstream. Findings of Fact and Conclusions of Law Page 21 6S • Storm water inlets to Ashland Creek have a potential to cause stream bank erosion. 2. Physical and environmental constraints found to apply to the subject property under ALUO Chapter 18.62 are those related to the floodplain and riparian preservation area of Ashland Creek. The creek crosses the southeast comer of the subject property. Ashland Creek is a natural drainageway listed in ALUO § 18.62.050(B). 3. The flood plain of Ashland Creek as determined by the Federal Emergency Management Agency (FEMA) is as shown on the Exhibit 13 City Flood Plain Map. The FEMA floodplain boundary is also shown on the Exhibit 2 Site Plan, Exhibit 6 Topographic Survey, and Exhibit 13 Floodplain Map. Ashland Municipal Code (AMC) § 15.10.070(C)(5) allows the city to interpret the floodplain boundaries. The City's 100-year floodplain boundary interpreted from historic photographs is depicted on the Exhibit 6 and 13 maps. 4. The applicant asserts that the riparian preservation area under the definition of "Riparian" in ALUO § 18.62.030(n is confined to the area covered by an existing tree canopy on either side of the banks of Ashland Creek,an area ranging from roughly 30 to 90 feet wide as it passes through the property, and having as its approximate centerline the bottom of the creek. The area is depicted on the Exhibit 2 Site Plan. All portions this corridor are unaffected by the development to the extent that no development is planned to encroach into the area. It is the applicant's intention to "clean-up" the brush and dead trees within the corridor. 5.Details for fencing were not furnished as a part of the Exhibit 2 Site and Architectural Plans. Fencing around the pool area will be required by Oregon Statute. The applicant stipulates to furnishing the City with fencing plans for review and approval before construction. The fencing can and will comply with the requirements of ALUO § 18.62.070(K). 6. The 100-year flood elevation of Ashland Creek as it passes through the property ranges from 1860 to 1870. 7. All mass excavation will occur during the dry months of the year as stipulated to by the applicant. Also as stipulated, silt fences will be erected along the west side of the creek to mitigate erosion' potential if rain develops during the typically dry months. These measures are proposed in consideration of the potential erosion hazard the development might otherwise create,and evidences reasonable mitigation thereof. 8. All paved parking areas within urban environments collect grease and oil which ultimately seep into drainage systems. Sand/oil separators will be provided on all parking lot catch basins as stipulated to by the applicant. The measure will minimize the seepage of parking lot grease and oil into the drainageway, and reduce adverse environmental impacts. 9. Brush removal within the creek banks will increase capacity of the creek to accommodate storm flows, and allow beneficial replacement landscaping to be installed. Creek landscaping is shown on the Exhibit 9 Landscaping Plan. All brush removal will be performed by mechanical.means. Chemicals are not proposed to be used for brush removal. The aim of these measures is to.ensure that herbicides do not enter the creek Findings of Fact and Conclusions of Law Page 22 and cause damage or hazard downstream, and evidence reasonable measures taken to reduce adverse environmental impacts in consideration of the potential hazards. 10. The term "damage" is not defined in the ALUO. The applicant asserts that urban development of any type or magnitude can be alleged to cause "damage" depending on how the term is defined and interpreted by the city. 11. Applicant stipulates that cut and fill slopes will be graded and compacted to Uniform Building Code(UBC) standards dealing with compaction and methodology. 12. The applicant stipulates that a civil engineer registered in Oregon will prepare a grading and erosion control plan for review and approval by the City prior to the start of construction. A Oregon-registered engineer will also, prepare all public facility improvement plans required by the project. 13. Ashland Creek will remain in its present location. No movement of the creek is contemplated by the project. 14. Architect Loffiano and Engineer David Bassett believe the site can and will be mass balanced such that no imported fill will be required. Both acknowledge the possibility that some fill may need to be removed from the site. 15. Base and paving materials are limited to the parking areas,except for the base gravel used for building foundations. Engineer Bassett asserts that gravel under concrete footings for buildings is not fill. No fill is required within the floodplain area. 16. Engineer Bassett asserts that all flooding outside of the floodway of Ashland Creek which would occur within the boundaries of the subject property will be relatively shallow, and that there are no substantial differences in the depth of flooding on any portion of the property. 17..According to Architect Loffrano, the elevation of the finished floor for habitable units within the 100-year floodplain is 1866, and in this location, the 100-year flood elevation is approximately 1862. The units are situated midway between flood elevations 1860 and 1864. The Exhibit 2 Site and Architectural Plans indicate that 5 to 6 hotelkesidential units are located within the floodplain. According to Architect Loffrano, the elevation of the first finished floor of that portion of the pavilion building located within the 100-year floodplain, can be at or above the 1870 flood elevation. The applicant stipulates that all buildings will be constructed at an elevation not less than two feet below the flood elevation to which they are adjacent. Commercial buildings may be located two feet below the flood elevation. In fact, all buildings can be constructed so their fast finished floors are above the adjacent flood elevations. According the Engineer Bassett, the UBC will require the project to be plan-checked as a motel. 18. Engineer Bassett asserts that the lower level parking is not a "basement" under the Uniform Building Code (UBC) definition of basement. In order for space to be considered a "basement" under that definition, more than 50% of the perimeter would have to be more than 50% below the finished grade. The Exhibit 2 Site and Architectural Plans indicate the lower level parking does not fit within the cited definition constraints. The partially-underground parking areas are considered "new non-residential" construction under ALUO § 18.62.070(G), and may be constructed two Findings of Fact and Conclusions of Law Page 23 (p feet below the 100 year flood elevation. The Exhibit 2 Site and Architectural Plans indicate the finished floor for the lowest internal parking garage is 1857.44 feet in an area where the nearest flood elevation is 1860. The garage can meet the cited standard, and the applicant has stipulated that the garage will be elevated the required 0.56 inch required to meet the cited standard. 19. If they are constructed, the applicant has stipulated to flood-proofing the spa gazebo and attached dressing and massage rooms to be consistent with the requirements of ALUO § 18.62.070(L). 20. Engineer Bassett asserts, to the extent the project has buildings located within the floodplain, this will not, on aggregate, increase flood levels on or downstream from the subject property beyond flood elevation levels because: 1) Over the past 6-7 years there have been 5-6 independent projects located upstream between the middle of the downtown "plaza" through Bluebird Park that have improved the flow conditions of Ashland Creek and have increased its carrying capacity. 2) The project will enhance the creek's carrying capacity by removing brush and debris. 3) The flow-through characteristics of the parking garage will allow storm waters to penetrate inside of the structure. Floodproofmg will mitigate the potential for damage to the structure. 21. The applicant does not intend to store any petroleum products, pesticides, or other hazardous or toxic chemicals within floodplain areas of the site. 22. The bridge over Ashland Creek located on the subject property is to be used exclusively for pedestrian traffic, and to accommodate emergency vehicles in accordance with the Exhibit 2 Site and Architectural Plans. 23.The applicant asserts, to his knowledge that no fill has been placed on the site during the time he has maintained an ownership interest. There are no significant deviations between the Exhibit 6 topographic survey commissioned by the applicant and the Exhibit 12 City's topographic map which was prepared several years earlier. 24. Storm sewer inlets, or "catch basins" located within the outdoor parking areas are to be piped underground to Ashland Creek and discharged. The storm sewer outlets into the creek will be rip-rapped to control erosion. This stipulation serves to evidence reasonable steps to identify and mitigate potential adverse environmental impacts, hazards,and damage which might otherwise affect downstream properties. 25. No new bridges or culverts are planned across Ashland Creek. The two existing bridges,one crossing Ashland Creek along Water Street, and one crossing the creek near the extreme southeast corner of the property below the viaduct, are both planned to be improved The Water Street bridge is planned for improvement as part of a local improvement district to improve a substantial segment of Water Street. The small bridge below the viaduct is on the subject property, connecting it to the City's parking lot. Refurbishing the bridge is planned to accommodate pedestrian travel, and emergency vehicle access to the site. Bridge improvements will enhance their ability to accommodate storm water flows. 26. Once reconstructed, the Water Street bridge, located within the public right-of-way of Water Street, will be maintained by the City. The privately owned bridge located on the subject property will be maintained by the owner. Findings of Fact and Conclusions of Law Page 24 �O 27. All structures planned for the site are of a commercial nature and do not have basements. No residential structures defined as such by the Uniform Building Code are planned. Standards related exclusively to residential structures, or to structures with basements are inapplicable. 28. Given the size of proposed buildings, city off-street parking, and landscaping requirements, no additional uses or buildings can be provided on the subject property. The applicant asserts that the project will be constructed in conformance with the submitted plans and specifications. 29. All utility connections can occur outside the floodplain corridor area. The exact location of utility connections will be determined at the time future engineering construction drawings are prepared. 30. Applicant asserts that he has made a careful assessment of all potential sources of environmental impact, damage, and hazard, and that all reasonable steps to reduce impacts, and to mitigate hazards and damage on and adjacent to the development area have or will be implemented through the design and construction practices herein proposed in his plans and stipulations. 31. The subject property is presently vacant and zoned for the allowable commercial uses listed in ALUO § 18.32.20 and 18.32.30. Surrounding land is zoned and developed as described under the conditional use permit findings and conclusions. 32. An error exists in the construction of ALUO § 18.62.070(C). The cited subsection reads: "Non-residential structures shall be flood proofed to the standards in Chapter 15.10 to one foot above the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they must be elevated to an elevation of 10 feet above the creek channel on Ashland, Bear, or Neil Creek; to 5 feet above the creek channel on all other Riparian Preserve creeks defined in section 18.62.050(B); and 3 feet above the stream channel on all other drainage ways identified on the official maps." The word "elevated," as set out in boldface italic type in the above quoted subsection was intended to be "floodproofed." The error is one of construction. The "elevation" of new non- residential buildings is covered in ALUO § 18.62.070(G). If the two subsections are read together they produce conflicting standards. The planning department staff can verify the error during the public hearing. Conclusions of Law While the project has both residential and commercial hotel aspects, we conclude that the project is commercial and "non- residential' under the provisions of ALUO Chapter 18.62 because under its flexible use nature, the project will require commercial construction practices, and will be plan-checked against the Uniform Building Code as a commercial building. Findings of Fact and Conclusions of Law Page 25 As to the gravel and concrete used for building foundations, we construe these, to be part and parcel of the building itself and does not constitute fill. Regarding the opinions of Architect Loffrano and Engineer Bassett expressed in the findings of fact, we hold their opinions to be those of experts, and accept their opinions as fact: While the Exhibit 2 Site and Architectural Plans do not depict fencing in sufficient detail to allow a absolute conclusion of compliance with ALUO § 18.62.070(K), the applicant has stipulated, and conditions of approval require that specific fencing plans be reviewed and approved by the City before construction begins. With the postponed . review and approval procedure,we believe the project can comply with the cited fencing standards. The Exhibit 2 plans indicate that the finished floor of that portion of the parking garage lying within the floodplain is approximately one-half inch lower than two feet below the flood 1860 feet elevation. The applicant has stipulated, and conditions of approval require that all buildings have their fast finished floor no less than two feet below the adjacent flood elevation. We believe the garage floor can elevated the required additional one- half inch needed to comply with the requirements of ALUO § 18.62.070(G). Therefore, based on the above conclusions of fact, we find and ultimately conclude.that the project meets the substantiative criteria in ALUO Subsection 18.62.040(E) on the basis that: 1. The development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2. The applicant, and the City have considered the potential hazards that the development may create and have implemented reasonable measures to mitigate the potential hazards caused by the development. The reasonable measures consist of those incorporated into the design of the project, and those incorporated as conditions of approval. 3. 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Q In Q m W V � W �W V c 83 io � v e v IIII " 6 Y � ap; I e a I I BII i I lil I � HIM I C� I I,? �E6 Ir � 38 I �s MIN w — sl I w 1 _ I LU § z 6 W a 1 > I a I � I z W I U I I e py� pp �l8 qqP Et E tEe C F t f � E ' E • awl I i 9 i E ' 41 it d �1 i U U Z § O ; F- U W co i 1 r i • t i i 1FF� rsi'. 2. SEAr,. qE FS� i e . ' F F C Q �C �Q E [� s FF.i Q LU O a �l U. 38 ...Z v a 6� W E r F S E F V a �S 4 _ W Z O F a W tu� ,rte �sE �3 3 FIX 1 • i to 1 r---- i .._L............ N1Y T. p• Fi ALT ST. '-- ------------'� N ` SCM y � I m ieai ST. IUA 3L'M/!F� a 'YSr NA c We TFrRACF. sr. ;� T �• ,sr t I ST, a �+ d LEM VKI t 0 �ru?e r ST.. ST �R WPTfB! ST. © 2 h 61• • 'i S` !QQ,J r=�❑ bl :y1i:. v4N ST. BF/.01 ST i /may EXHIBIT 10 MEMO TO: Craig Stone, Craig A Stone and Associates 708 Cardley Avenue Medford, OR 97504 503)779-0569 PAX(503)773-4546 FROM: Terry L.ofrano,Neeley/L.ofrano Inc. DATE: May 15, 1991 RE: Ashland Creek Inn Please find attached wording(for your use in your documents)for determining the height limits. The following statement is in response to your request for a written determinatin on the project building heights. Comments reeardine Evaluation of Compliance to Building Height Requirements: The subject buildings are 3-4 story buildings of wood construction over concrete block and concrete garage. The roofs are hip and gabled. The ma�mum building height requirement has been addressed and all buildings meet those requirements.(ALUO 18.80.290) Due to the multi sloped nature of the site, the determination of each of the grade levels requires an accurate knowledge of the floor plans. To determine compliance, each building was analyzed by determining the finish grade at the centerline of each of the building elevations and averaging those grades to determine an average datum plane elevation (ALUO 18.08.280). Using this datum plane, the height dimension of 40 feet (ALUO 18.32.040)was plotted vertically. In each instance the upper most point of the 40 feet line was higher than the average height of each of the roofs. (ALUO 18.08.290) NEELEY/LOFRANOINCORPORATED, ARCHITECTS 222 SEVENTH STREET SAN FRANCISCO, CALIFORNIA 94103-4072 FAX(415)552-9196 VOICE(415)552-9191 (�(� DENNIS NEELEY AIA,ARCHITECT TERRYL M. LOFRANO AIA,ARCHITECT (�1[� NEELEY/LOFRANO INC., ARCHITECTS Principal: Lectures: Dennis J.Neeley,AIA 1988 Education: Computerland Television 1967-1968 University of California,Berkeley May-"Potential of Computers in Architecture" Master of Architecture July-"Current State of the Art" 1962-1967 University of California,Berkeley 1987 Bachelor of Architecture "CAD in Architectural Education" " Employment: Chicago Vice President 1984-1986 Neeley/L.ofrano Inc.,Architects 'The Application of Microcomputers to the Architectural San Francisco,CA Profession" Phoenix,Columbus,Sausalito,S.F.,New York,Denver, President Chicago ASG Incorporated(architectural software developers) 1983 Sausalito,CA "Integration of Art and Architecture"AIA Monterey 1986 University of California,Berkeley Design Forum Department of Architecture Registration: Visiting Lecturer California#C-7091 Publications: 71;xas#6775-1 1987 APEC Magazine Oregon#1596 "Microcomputer CAD" NCARB Registration 1986-Present Cadence Magazine Contributing Editor with monthly articles 1984 "AE/CADD User's Manual" 1970 "YMCA Development Possibilities" YMCA Monthly Journal 1970 "YMCA Design Manual" 07 NEELEY/LOFRANO INC., ARCHITECTS (CONTINUED) Principal: lbrryl M.Lofrano,AIA Education: 19631964 San Francisco City College 19641965 U.S.Naval Academy,Annapolis,MD 1966-1968 University of California,Berkeley 1968-1969 University of London Bartlett School of Architecture 1969-1971 University of California,Berkeley Bachelor of Architecture Employment: President Neeley/L.ofrano Inc.,Architects San Francisco,CA Secretary/Treasurer ASG Incorporated(architectural software developers) Sausalito,CA 1986 University of California,Berkeley Department of Architecture Visiting Lecturer Lectures: 1987 "Microcomputer CADD" Atlanta,Chicago 1983 "Integration of Art and Architecture" AIA Monterey Design Forum Registration: California#C-7292 PERSONAL RESUME CRAIG STONE Craig A.Stone&Associates, Ltd. 709 Caedley Awno9,Medford,OR 97601 To Establish Standing as an Expert Witness in Urban Planning,Land Use,and Development EDUCATION California State Polytechnic University San Luis Obispo,California B.S.City and Regional Planning(1974) PROFESSIONAL EMPLOYMENT HISTORY. 1980-Present:. Craig A.Stone At Associates.Ltd. 1976-1980: Jackson County Department of Planning:Principal Plarmer 1974-1975: DIRA Associates,Inc.:Project Planner SCOPE OF PROFESSIONAL EXPERIENCE Crttig Stone has provided land planning services in the fort[[of site analysis and design,special studies, the preparation of quasi-judicial fmdirtgs and permit applications,antd/or project management services for the following types of planning and development projects: • Single family housing subdivisions and planned unit developments • Mixed housing plumed unit developments • Multiple family apartment projects • Modular housing planned unit development,mobile home parka and subdivisions • Reaeatiomidevelopmenis • Residential and office condominiums • Service and retail businesses,and commercial shopping centers • Medical and professional offices • Industrial park,plant sites,and waste disposal • Cemeteries • Churches • Libraries • Downtown commercial development • Public and private schools . • Aggregate removal operations • Performing arts facilities • ComprehensiveJAdvancc Planning in the following areas: • Public facilities and services • Housing • Urban growth boundaries and growth management systems • Historic preservation • Population forecasting and statistical analysis • Lard use inventories • Economics - • - Transferable development rights • Transportation • General zoning and development administration for cities and Jackson County PARTIAL LIST OF CLIENTS Jackson County,Jackson Comity Federal S&L,Medford Clinic,Rogue Valley Medical Center,Rogue Valley Health - Services,Oregon Shakespeare Festival,Peter Britt Music and Arts Festival, Pacific Trend Development Company, Medford School District 549-C4 Lithia Motors,Phoenix-Talent School District,Eagle Point School District,Tru-Mix. . Inc,Wagner Electronic Products,City of Jacksonville.City of Grants Pass,City of Medford,Ginger Rogers,Croman Corporation, Light Valley Waldorf School,Fast Assembly of God Church,Medford Shopping Caner,Rogue Valley Mall,Rogue Valley Country Club,Jane and Dunbar Carpenter,7ackson County Library System,Robertson Collins EXHIBIT 14 Vacant Commercial and Industrial Lands in Ashland July 1990 Maps and Inventory Report Published.February 26, 1991 �a This report is intended to provide an inventory of vacant land which has been designated in Ashland's Comprehensive Plan for Commercial, Employment, or Industrial use. It is also intended to satisfy the requirements of the Land Conservation and Development Commission for an Inventory of vacant lands, required by OAR 660, Division 9. The criteria for including land in the inventory is contained in OAR 660-09-015 (3). It states that land should be included that is "vacant or significantly under utilized". The method used was as follows: 1) A database was acquired from Jackson County Assessor's Office, in computer readable form. All parcels which had a land value greater than the improvement value were included initially as 'vacant" 2) The League of Women Voters made the initial field survey. They confirmed that the land was vacant, and mapped any structures on the lot. 3) The original list was then rechecked and corrected. 4) The list was rechecked by Planning Staff; only for those lots designated Employment, Commercial, and Industrial. 5) The vacant lands were transferred to the City's computer mapping system 6) The final maps were field checked a third time. A photographic was made of the vacant lots at this time. A property qualified as vacant if it has no improvements, or if it had improvements that were very low in value, such as sheds, shacks, or trailers. If a significant portion of a property was vacant, it was included in the inventory. For example, if a 5 acre parcel had two acres improved, and three unimproved, then the three acres were added to the inventory. Floodplain corridors identified by the City, and slopes over 40% were not included as buildable land. . %3 VACANT LAND WITHIN CITY LIMITS: 151.99 acres TOTAL COMMERCIAL (C-1) 30.42 acres COMMERCIAL (C-1-D) .40 acres EMPLOYMENT (E-1) 100.62 acres INDUSTRIAL (M-1) 20.55 acres ACREAGE OF SITES LESS THAN ONE ACRE: 6. 17 acres COMMERCIAL (C-1) 2.25 acres COMMERCIAL (C-1-D) .40 acres EMPLOYMENT (E-1) 3.52 acres ACREAGE OF SITES GREATER THAN ONE ACRE: 132.67 acres COMMERCIAL (C-1) 15. 02 acres EMPLOYMENT (E-1) 97.10 acres INDUSTRIAL. (M-1) .20.55 acres ACREAGE OF SITES HAVING GREATER THAN 10%* SLOPE: 17.04 acres COMMERCIAL (C-1) 13.15 acres EMPLOYMENT (E-1) 3.89 acres �y VACANT LAND WITHIN URBAN GROWTH BOUNDARY: 106.48 acres COMMERCIAL (C-1) 3 .84 acres EMPLOYMENT (E-1) 102.64 acres . ACREAGE OF SITES GREATER THAN ONE ACRE: 102 .67 acres COMMERCIAL (C-1) 1.38 acres EMPLOYMENT (E-1) 101.29 acres ACREAGE OF SITES HAVING GREATER THAN 10% SLOPE: 3.81 acres COMMERCIAL (C-1) 2.46 acres EMPLOYMENT (E-1) 1.35 acres �5 Z °z o- _ L Itz Z w o a o CL Z Cl U E z a 7ir 3 �• � N L ' Q� rz (C I L d - / Q W i t /y/ I V A C A N L A N D MAP. NUMBER 1 NORTH UGB SITE NUMBER ASSESSOR MAP TAX LOT ACREAGE ZONE ------------ ------------ ------------ ------------ ------------ A 381E31 *902 4.00 E-1 381E31 *900 3 . 18 E-1 B 381E31 *1000 1.70 E-1 381E32 *1701 1.65 E-1 C 381E31 *1101 0.92 C-1 381E31 *1200 1.04 C-1 3SIE31 *1301 0.50 C-1 381E31 *1300 1.35 E-1 D 3SIE31 *1300 4.15 E-1 TOTAL IN CITY LIMITS 0 TOTAL IN UGB, OUTSIDE CITY LIMITS 18.49 *indicates tax lot is in UGB, but outside city limits `?77 m jn ILI L O ,,,...,,, L�u O co O u - m U O �V Y,-um.. y C P �is O � T d 7 y P m m o m ?� st• s'' "z T -0 Y c -C O �v `y CPn'dM 0 7n�u3ay. �' 7 m L U o a 'a d C C:£ m m N a) u as Z ' ■ ' \ - ■ v . a s y yyQ 7 PA s MAD 0y y W y J 4 ♦ rr y Y • z <v • x' • • . i • c • • a :d 7fJIN • r■■■■■■■■■■ ■■■■■■■ ■■■•.■■••■■ • ♦ = z • • � C 'n T3IA jyrriA a ♦ • ■ �U V A C A N T L A N D MAP NUMBER 2 HERSEY STREET SITE NUMBER ASSESSOR MAP TAX LOT ACREAGE ZONE ------------ ------------ ------------ ------------ ------------ A 391E4DC 3502 ✓ 3 . 89 E-1 B 391E4DC 3502 3 .89 E-1 391E4DC 3508 1.00 E-1 391E4DC 3507 1. 00 E-1 C 391E4DC 3510 0.34 E-1 391E4DC 3511 0.32 E-1 D 391E4DC 3506 0.57 E-1 E 391E4CD 1500 0.26 E-1 391E4CD 1600 0.46 E-1 391E4CD 1800 0.15 E-1 391E4CD 1900 4.06 E-1 391E4CD 3400 2 . 60 E-1 391E4CD 2000 3 . 12 E-1 391E4CD 0000 1.15 E-1 F 391E9AB 6400 3 .70 M-1 391E9BA 0000 16.85 M-1 G 391E9BA 14600 1.76 E-1 H 391E9AB 5000 0. 13 E-1 I 391E9BA 3300 0. 16 E-1 J 391E9BA 13400 0.67 E-1 391E9BA 13600 0. 18 E-1 K 391E9AC 15000 0.14 C-1 L 391E9BD 6100 0.20 C-1-D M 391E9BD 5800 0.20 C-1-D N 391E9BD 5700 0.14 C-1 0 391E9BB 12300 0.12 C-1 P 391E9BB 400 1.95 C-1 Q 391E4CB 2700 0.24 E-1 R 391E5DA 3900 0.45 E-1 391E5DA 4100 1.65 E-1 391E5DA 4200 0.40 E-1 391E5DA 4300 0.23 E-1 391E5DA 4500 0.34 E-1 391E5AD 600 0.82 E-1 391E5AD 1100 0.98 E-1 TOTAL IN CITY LIMITS 54. 12 ac. TOTAL IN UGB; OUTSIDE CITY LIMITS 0 *indicates tax lot is in UGB, but outside city limits 3A Q) W 3— m o O m m N :■r■■ u■■■■■■■ C f6 O Q� O ID ■ - > i C C C • CD co� L C L : m : .12 co N Z C • ■ N 3 a) m O • L' E m m fA .0 Q ■ '13 33.1Qa0.i '1S tlIN: cc 0 = L (D ■ y m C1 O ■ J z. r CCCL 4 P YN '1S cu � a C . -JAtl • LS%3IM3N3 NIV1Nf1QN < ' Q or z_ ■ /�P ■ W (� ■ '1S NNA1 1S '3ntl L p hte o is ■ � YSA3N3Q ■ ,� NNV y O� 1S ■ w 1 �+ 1S Li ■ 1S zSd13Nd A o F!(g ■ yl _ YLI o 1S N vi ■ ja Sa o < _ �• 6_ Z MEMu 13MNtl1 q 1S il39tlNQ Q2 �� Q 1 1531 > p: a yGi ti� o qr) `' 1077 Q• 1S 3 rf �Ll N+aevz t �N• r r W Q C d7� .Nr J r 'LS MAIN 6 10 o L N ■ .�,� '1S J C a9 'bQ 31NMS : o oo=� Ion V A C A N T L A N D MAP NUMBER 3 HIGHWAY 66 SITE NUMBER ASSESSOR MAP TAX LOT ACREAGE --- ZONE -- ------------ ------------ ------------ A 391EIlC 1000 0.43 C-1 B 391E11C 2700 1.37 C-1 C 391E14B 704 2.47 C-1 D 39IE15AB 2101 0.14 E-1 E 39IE15AA 3400 0.25 E-1 F 391E15AB 600 0.11 C-1 G 391E15AB 5100 0.21 C-1 H 391EIODC 8800 0.40 C-1 391EIODC 9200 1.20 C-1 I 391E15BA 100 0.17 C-1 J 391E15AB 8300 0.51 C-1 TOTAL IN CITY LIMITS 7 .26 ac. TOTAL IN UGB, OUTSIDE CITY LIMITS 0 * indicates tax lot is in UGB but outside city limits to CD CL CD • ;: \� ku ca \. ..1 �- .. CL LU \ co \\/ s i V A C'A N T L A N D MAP NUMBER 4 AIRPORT SITE NUMBER ASSESSOR MAP TAX LOT ACREAGE ZONE ------------ ------------ ------------ ------------ ------------ A 391E11 *900 11.81 E-1 B 391E12 *326 • 1.75 E-1 391E12 308 2.50 E-1 391E12 309 8.00 E-1 391E12 310 10.39 E-1 C 391E11 *400 2.23 E-1 391EII *501 1.84 E-1 391E12 *302 1.50 E-1 391E12 *324 1.29 E-1 391E12 *336 1.73 E-1 391E12 319 3.34 E-1 391E12 *320 5.72 E-1 D 391E13B *2003 1. 38 C-1 E 391E11D 300 7.00 C-1 391EIlD 800 0.54 C-1 391E11D 700 0.55 C-1 391E11D 400 3 . 11 C-1 F 391E11D 400 4.45 C-1 G 391E11D *900 3.25 E-1 391E11D *1000 - 1.72 E-1 H 391EIlD *1200 2 .35 E-1 391E11C 300 3 .39 E-1 I 391E11C 600 4. 11 C-1 TOTAL IN CITY LIMITS 47.38 ac. TOTAL IN UGB, OUTSIDE CITY LIMITS 36.57 AC. * indicates tax lot is in UGB, but outside city limits X63 . • CIS (D cc 0 • .. .. . • -- �� ���� Z. CL w cc ��� !% V A C A N T L A N D MAP NUMBER 5 WASHINGTON STREET SITE NUMBER ASSESSOR MAP TAX LOT ACREAGE ZONE ------------ ------------ ----------- ------------ ------------ A 391E14A 500 0.52 E-1 B 391E14A 900 4 . 62 E-1 391E14A 1200 0. 90 E-1 391E14A 1300 0. 87' E-1 391E14A 1400 0.38 E-1 391E14A 1500 1.06 E-1 C 391E14A 3000 0.27 C-1 391E14A 2800 0. 16 C-1 391E14A 2900 0. 19 C-1 391E14A 2700 0. 15 C-1 391E14A 2701 0.25 C-1 D 391E14B 200 0.42 C-1 E 391E14A 2600 5. 00 E-1 391E14B 300 0. 99 E-1 391E14B 400 1.94 E-1 F 391E14A 2800 0.97 E-1 391E14A 2900 0.97 E-1 391E14A 3000 1.46 E-1 391E14A 2700 2.22 E-1 G 391E14A *1102 5.38 E-1 391E14A *1104 8 .43 E-1 -39IE14A *1702 2 .25 E-1 391E14A *2400 8. 00 E-1 391E14A *2700 2.32 E-1 391E14A 1600 0.91. E-1 391E14A 1700 . 1.49 E-1 391E14A 1701 2. 21 E-1 391E14D 102 2.37 E-1 391E14D 101 7 . 00 E-1 391E14D 100 1.55 E-1 391E14D 201 6.73 E-1 391E14D *300 2. 62 E-1 391E14D *500 1. 08 E-1 391E14D *400 0. 41 E-1 391E14D *200 4. 38 E-1 H 391E14D *700 6.40 E-1 391E14D *900 5. 10 E-1 I 391E14D *1500 0 . 24 E-1 391E14D *1600 0.53 E-1 391E14D *1700 0. 53 E-1 391E14D *2401 1. 38 E-1 TOTAL IN CITY LIMITS 43 .23 ac. TOTAL IN UGB, OUTSIDE CITY LIMITS 51.*42 AC. * indicates tax lot in in UGB, but outside city limits ��S .. .. 0 co 0 C ., CO 0 ca LLI Ing , OORILMON � \q • i I�i 1 r _ PLANNING APPLICATION TYPE : Date received (i 1 q File No. � �- o �j� Filing Fee Land Use: Zoning Comprehensive Plan designation APPLICATION IS FOR ( ) Land Partition ( ) Subdivision # of units ( ) Zone Change ( ) Zone Variance ( ) P.U.D. # of units (' ) Comp. Plan ChangE (X) Conditional Use Permit (X) Site Review ( ) Staff Permit ( ) Boundary Line Adjustment ( ) Annexation X Physical 6 envir- onmental constraint Application pertains to ALUO 18.104.040* of the Ashland Muncipal Code. chapter, section, subpart *18.72.050, 18.62.040 (E) APPLICANT Name LLOYD M. RAINES Phone 482-9300 Address 1257 Siskiyou Blvd. , $232, Ashland OR 97520 PROPERTY OWNER Name LLOYD M. HAINES Phone same Address same I have notified the mortgage holder, which is OSFA SURVEYOR, ENGINEER, ARCHITECT (if appropriate) Name CRAIG STONE Phone 779-0569 Address_ 708 Cardley Ave. Medford OR 97504 DESCRIPTION OF PROPERTY (attach legal description) Street Address Assessor' s Map No. 39 lE 9BB Tax Lot(s) 10-0 400 _ , Above described property was acquired by owner on 8f18/89 M.Ontti ay year List any covenants , conditions or restrictions , concerning use of property, of improvements contemplated; as well as yard set-back and area or height requirements that were placed on the property by subdivision tract developers . Give date said restrictions expire. FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and attach it to this form. Keep in mind that your responses must be in the form of factual statements or findings of fact and supported by evidence. List the finding criteria and then the evidence which supports it. 167 I hereby certify that the statements and information contained in this application, including the attached drawings and the required findings of fact , are in all respects true and correct . I understand that all property pins must be shown on the drawings and visible upon site inspection. In the event that the pins are not shown or their location found to be incorrect , the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: that I produced sufficient factual evidence at the hearing to support this request; that the evidence adequately justifies the granting of the request; that the findings of fact furnished by me are adequate, and further that all structures or improvements are properly .located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in any structures being built in reliance thereon being required to be removed at my expense . If I have any doubts , I am advised to seek competent professiona advice and assistance. June 6 1991 App icant ' s Signature Date As o r of the property involved in this request, I have read and understood the c plete application and its consequences to me as a property owner. June 6, 1991 Property Owner' s Signature Date NOTICE: Section 15 .04. 240 of the Ashland Muncipal Code prohibits the occupancy of a building or a release of utilities prior to the issuance of a certificate of occupancy by the Building Division AND the completion of all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to insure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities . log C September 19, 199.1 °REGOa �. Brian Almquist, City Administrator Steven Hall, Public Works Director v-* Aram: lx�jeti.• Unbudgeted Expenditure - Lost Creek Pipe Line ACTION REQUESTED City Council authorize expenditure of up to $1, 500 for an engineering study to provide an estimate of cost for construction and operation and maintenance of a water pipeline from Lost Creek Dam to Emigrant Lake. This is not a budgeted item. BACKGROUND See attached letter and information from Eric Dittmer. The "informal" Rogue Water Resources Committee formed the Lost Creek Project Task Force to investigate the feasibility of extending a pipeline from Lost Creek Dam to provide additional water for agricultural, fish habitat and municipal uses and enhancement in the Bear Creek Valley. The Task Force feels that an evaluation of the cost for construction and maintenance/operation of such a facility is necessary to establish a "reality check" to see if this option is pursued on a more detailed basis. I concur with the need for the cost analysis. The initial investigation of the possible pipeline from Lost Creek Dam to at least the Ashland/Talent area is needed as the City of Ashland continues to investigate and evaluate alternatives for a second source of water. The U.S. Bureau of Reclamation has furnished the Task Force with a rough estimate of providing an upgraded, concrete-lined canal. That rough cost estimate is $20, 000,000. Unbudgeted Expenditure - Lost Creek Pipe Line September 19, 1991 page 2 The Rogue Water Resources Committee needs the financial evaluation of a closed pipeline option to completely evaluate the feasibility of such an undertaking. Staff recommends approval of the request. SMH:rm\Lodcd mem cc: Jill Turner, Finance Director Dennis Barnts, Water Quality Superintendent John Fregonese, Planning Director. Eric Dittmer, RVCOG Encl: Dittmer letter w/enclosures ROGUE 1458 S. Second Street • P. , @ox 3275 Council of Governments CeriiA Point, OR 97502 J- 503-664-6674 MEMORANDUM test 6 0 DATE: August 30, 1991 TO: Agencies, Organizations Interested in Lost Creek Water Project FROM: Lost Creek Project Task Force SUBJECT: Preliminary Feasibility Study — Funding Request At its August 21 meeting , the Lost Creek Task Force agreed to request funding from local supporting agencies to raise approximately $10,000 for a project. preliminary cost estimate for the The immediate need is for a cost estimate as noted in the attached Request For Proposals (RFP) . Once an idea of cost is available , then decisions on agency involvement, funding alternatives, and economic feasibility can be made. The Task Force suggested the following funding breakdown be offered to those agencies interested in supporting the project. A preliminary indication from Jackson County is that they will match other contributions up to $5,000. Jackson County $5,000 Fruit Growers League 1 , 500 Irrigation Districts Medford 750 Talent 750 2 , 250 Rogue River Valley 500 Eagle Point 250 Greenway Foundation 250 City of Ashland 1 , 500 City of Talent 250 RVCOG 250 Total $11 ,000 We believe this is a logical funding request beginning, but it is subject to your input and suggested changes. Please let me know if your organization can support this funding request. We anticipate the need for the funds by November 15, 1991 . Please contact me if you have any questions . encl. (WQ13) FUND—REQ .LCR ZI�,Q PRINTED ON RECYCLED PAPER. . �-l`i `+ � '� � 11-- 'F •'y{' .. !fir 1��l - - ; 155 S. Second Street P.O. Box 3275 Council of Governments Central Point, OR 97502 503-664-6674 MEMORANDUM DATE: August 28, 1991 TO: Prospective Engineering Firms FROM: Eric Dittmer, Water Resources Coordinator / SUBJECT: Transmittal Revised RFP — Lost Creek Project .Enclosed is a revised Request For Proposals (RFP) for the initial information needed for the .Lost Creek Project. The reduced scope of work was agreed upon by the task force members . present to review the project with interested consultants on August 21, 1991 . As you can see, the priority need is for rough cost estimates for a closed transport system from Lost Creek: 1) to Emigrant Lake near Ashland, and 2) to Brownsboro' s Bradshaw-Drop (near Eagle Point), thence open canal improvement or piping by gravity to Phoenix. The task force will receive proposals until September 27, 1991. Proposal award will be announced October 4, 1991- and a draft report expected no later than November 29, 1991. Funding resources for this effort remains at approximately $10,000. (WQ13) TRANSREV.RFP Zl PRINTED ON RECYCLED PAPER. - ' REVISED REQUEST FOR PROPOSALS PROJECT: Preliminary Feasibility Investigation - Transporting Water From Lost Creek Lake to Bear Creek Valley - Jackson County, Oregon . I. INTRODUCTION The Rogue Valley Council of Governments (RVCOG) is facilitating an effort to determine the feasibility of importing water from Lost Creek Reservoir to the Bear Creek Valley. The previously transmitted concept paper provides more information on the nature and status of the project idea. There is a severe and growing water shortage (estimated by the Bureau of Reclamation at 50-70,000 acre feet annually) in the Bear Creek Valley. The ongoing drought conditions have prompted another look at the unallocated water in Lost Creek. Considerable support from a variety of water user groups has prompted in the formation of .a task force to re-investigate this project concept. The task force would like to know: 1) what is the cost 'of the most logical alternative(s)?. 2) what is the ideal volume of water to transport (most economical)? This request is prepared to solicit proposals to answer those questions on a preliminary basis. II. PROJECT GOALS The goals of the project are to provide additional water. resources to the Bear Creek Valley in response to current and long term demands for all beneficial uses. There is not enough water in Lost Creek to meet all needs in the Bear Creek Valley. However, any additional water obtained via a feasible, affordable project will be significant today and possibly critical in the future. A secondary but important aspect is that a successful project will require a cooperative approach to water resource development. This cooperation is needed to overcome the tendency toward. conflicts when there are inadequate water volumes to meet- tall demands. 1 l • III. PROJECT PARAMETERS The key issues which will need to be addressed include: A. Quantity of Water to Transport A minimum of 50 cfs for ten months should be considered. This would be well within the 35,000 acre feet of water available for agricultural use, 9,000 acre feet available for .municipal and industrial (M&I) use, and a small possibility of additional amounts allocated to fish enhancement. However, the possibility of future additional water resources exists on the Rogue System and a project of this magnitude .deserves consideration for sizing to meeting increasing demands in the future. Is there a "most feasible quantity" to design for? B. Transport. mechanism Past studies have focussed on using new or existing canal systems and facilities to transport water (see references) . Such open conveyances tend to be prone to leakage 'and evaporative losses and require high operation and maintenance (0&M) efforts. Priority should be given to a closed system, possibly pressurized pipe which can be placed (buried?) with less environmental impacts, is easily controlled and, if placed strategically, could provide pressurized water for sprinklers. The size of the canal or pipe, of course, would depend on the amount of water to be transported including a "peak demand" consideration. C. Facility Placement, Extent Past studies have considered drawing water from the . Rogue River closer to the Bear Creek Valley, requiring less transportation distance. This is still worth considering, especially if existing facilities and/or rights of way can be utilized. Another alternative would be to draw water directly from Lost Creek Reservoir (elevation 1812' min. pool; 1872' full pool) and pressure pipe it south across Darby Ridge (2150' ) then down to the Brownsboro area (approx. 1600' ) where it intersects the Medford Irrigation District East Canal at Bradshaw Drop. From there it could gravity via open system to the Phoenix area. 2 I Although the ridge is lower than Emigrant Lake (2241 ' at full pool) , it is conceivable that in a pressure system one could pipe the water all the way to the Ashland area with additional pumping. Several people in the agricultural industry favor this approach as being the most efficient long term "state of the art" option which would help modernize the three irrigation districts involved. Obviously, this would have significant cost implications. The range of alternatives therefore extends (in order of priority) from: a) an entirely closed system extending from Lost Creek to Emigrant Lake via pressurized pipe. b) a combination pipe/open canal system extending from possibly as high as Lost Creek to Eagle Point (Brownsboro) then via canal to the Phoenix Siphon. c) a gravity canal from the Rogue River to the Medford area: as described in the "Medford Division Study", 1980 (copies available) . Note: Once water enters the Bear Creek/irrigation system in the Medford/Phoenix area, it would be possible to arrange water exchanges and trades that would benefit upstream users such as the Talent Irrigation District and the City of Ashland. IV. ISSUES TO BE ADDRESSED The task force needs to know whether it is worthwhile to proceed with the project development. A. Cost -- a general idea of the approximate cost of priority alternatives a and b above. The cost of annual operation and maintenance should be included. B. Is there volume break point that influences the practical, economic, or engineering feasibility of this project? 3 1 V. AVAILABLE INFORMATION The following information is available for inspection and use: 1. All documents listed in "References" in the "Concept Paper" (contact Eric Dittmer, 664-6674) 2. Operational information for Lost Creek Lake (Ken Olsen, Corps of Engineers , 776-3573) 3. Operational information local irrigation districts Eagle Point ID (Hazel Brown, Manager, 826-3411) Medford ID (Bill Caldwell, Manager, 779-1462) Rogue River Valley ID (Dave Smith, Manager; 773-6127) Talent ID (Rollie Cannon, Manager, 535-1529) 4. Water quantity and quality information Rogue Valley Council of Governments (Eric Dittmer, 664-6674) 5. Power Use/Generation Pacific Power & Light (Leo Rim,. Engineering, 776-5469) 6. U. S. Army Corps of Engineers (Russ Davidson, 326-6471) 7. Bureau of Reclamation _ (Harold Ward, (208-334-1079) 8. City of Ashland ' (Steve Hall, Public Works Director, 482-3211) 9. Water Master (Bruce Sund, 776-7056) 10. Fish & Wildlife (Jerry MacLeod, 776-6170) VI. QUALIFICATIONS Firms submitting proposals on the work described must demonstrate that the personnel involved are qualified. Those providing engineering expertise should be currently registered and in good standing with the State of Oregon as civil, hydrologic and/or structural engineers. In addition, the firm should be familiar with water transport and distribution mechanisms. 4 -L VII. FEE Approximately $10,000 has been made available to fund the above work. The proposal submitted should outline the scope and detail of the work to be done in addressing all aspects of. the project without exceeding $10,000. VIII. TIMING The deadline for receiving proposals is . September 27, 1991 . There will be a minimum of 2 months to complete the work following award of bid. A technical review committee consisting of selected representatives from the task force will be reviewing the proposals. I%. CONTACT PERSONS Each firm submitting a response to the Request for Proposal should include the name and title of the person who will act as project manager and contact person for the study. That person will deal with Eric Dittmer, Project Coordinator with RVCOG. X. FURTHER INFORMATION/QUESTIONS Any questions related to this request for proposal or the project itself should be directed to: Eric Dittmer (503). 664-6674 8/91 Dittmer (WQ13) REV—LSTCR.RFP Revised 8128/91 5 ' .O4EGOa.... September 19, 1991 Brian Almquist, City Administrator rQZTT: Steven Hall, Public Works Director �uUiPCL Transportation Advocacy Committee (TRADCO) ACTION REQUESTED Mayor and City Council consider appointing a. council member(s) and/or transportation advocate(s) from Ashland to serve on TRADCO. BACKGROUND The City of Medford has formed a political action group to support the efforts of the Jackson-Josephine Transportation Committee's (JJTC) ongoing efforts to provide a unified effort for the Oregon Department of Transportation's Six-Year Highway Improvement Program. Medford took the lead role .as the two highest priorities .on our regional concensus statement are in Medford. Although JJTC has been quite successful through the County and City support of projects by resolution, the political focus and strength has been missing. JJTC is made up of a few political figures. But, by and large, they are technical people representing the individual jurisdictions. Councilor Mel Winklemen from Medford invited several jurisdictions to attend the last TRADCO meeting and asked for individual jurisdictions to submit names for TRADCO. I was rather disappointed that RVTD was not invited to attend that meeting, but they. are now on the mailing list. I believe it is important that the City of Ashland be active participants in TRADCO as that group has the potential of providing the necessary political "muscle" to reinforce what JJTC has initiated. The Rogue Valley has not had a strong champion for transportation issues since the days of Glenn L. Jackson. I know him well from his work with the Oregon Department of Transportation and his effectiveness for the Rogue Valley. TRADCO can be the beginning of reestablishing a strong voice for the Rogue Valley in transportation issues. Your support is encouraged. SMH:rm�TRA=.. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Tuesday, October 1, 1991 at 7 : 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the SSpr posed vacation of a portion of Lori Lane in conjunction with the d Velo ment of Glennvista Estates Phase II. (Lloyd Haines, et. al . , lic n s) All interested persons are hereby called upon to appear at said hearing to express their views. Written comments will also be received at the office of the City Administrator, Ashland City Hall, during business hours until 5: 00 P.M. on Wednesday, September 25, 1991. By order of the City Council Nan E. Franklin City Recorder PUBLISH: Daily Tidings September 13, 19, 25, and 30, 1991 BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON June 18, 1991 IN THE MATTER OF PLANNING ACTION #91-038, REQUEST FOR ) ADOPTION OF A REVISED ECONOMIC ELEMENT OF THE ) FINDINGS, COMPREHENSIVE PLAN. ) CONCLUSIONS AND ORDERS APPLICANT: CITY OF ASHLAND ) RECITALS: 1) The applicant is requesting adoption of a revised Economic Element of the Comprehensive Plan. Copies of the Element are on file at the Department of Community Development. 2) Type III amendments, which include modifications to the text of the Comprehensive Plan, may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. C) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. 3) The City Council, following proper public notice, held a Public Hearing on June 18, 1991, at which time testimony was received and exhibits were presented. The Council approved the application as presented. Now, therefore, the Common Council of the City of Ashland finds and concludes 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 nMn SECTION 2 . CONCLUSORY FINDINGS 2. 1 The City Council 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 City Council finds that the application complies with the procedural requirements prescribed for ammendments to Comprehensive Plan Text, outlined in Chapter 18 . 108 .060 (B) (1) (a) , and 18. 108 .060 (B) (1) (c) of the Ashland Land Use Ordinance. These are listed below: 18. 108.060 (B) (1) (a) , a public need, supported by the Comprehensive Plan; and 18. 108.060 (B) (1) (c) , a need to adjust to new conditions. 2.3 The Council finds that a public need exists simply to update the Plan. It was written in 1981, with data from 1980. The Plan states, on page II-7, that "This plan will be reviewed for adequacy of its policies and timeliness of the supporting data every two years from the date of Plan adoption. " This- is the first review to be conducted since the Plan was adopted. Also, the State requirements added since the Plan adoption represent a public need, as expressed by the State Land Conservation and Development Commission. 2 .4 The Council finds that the changes are necessary in order to adjust to new conditions brought about by changes in the City's economy over the last ten years, the need to modify or change City policies regarding the development of economic areas, and the need to adapt the Plan to new data, such as population and labor force projections. 2 .5 The Council finds that the revised Economic Element meets all the requirements set out in the Oregon Revised Statutes. The requirements for the Economic Element are found in OAR Chapter 660, Division 9. Specifically, the Council makes the following findings: OAR 660-09-015 Economic Opportunities Analysis (1) requires an analysis of National, State, and Local Trends. This is covered on pages VII-1 to VII-9 . (2) requires identifying the types of sites required by industries and commercial uses that are likely to locate in this area. This is covered on page VII-21 and 22 . (3) requires an inventory of vacant commercial and industrial lands. This is covered by the supplemental report "Vacant Land in Ashland in July, 1990. " Testimony submitted during the June 18, 1991, public hearing indicated that there were errors in the City's inventory of vacant commercial and industrial lands. Individual testimony suggested that several tax lots were either not vacant, not significantly under utilized, not in the City Limits, not available, or had no services currently and services were not likely to be extended within one year. Of the tax lots in question, the Council believes that the following parcels are "vacant or significantly under utilized" and we make the following findings: MAP 2 1) 391E4DC; Tax lot 3507 - A structure is located on the front portion of the lot. Rear half of lot is vacant. 2) 391E4DC; Tax lot 1500 - Mobile home located on the front of the lot. Property is under . utilized based on existing commercial zoning. 3) 1600 - Approximately two thirds of the parcel is undeveloped and under utilized. 4) 391E4CD; Tax lots 1800 and 1900 - A small residence with shed is located on the property. The majority (90%) of the parcel is vacant. 5) Railroad Property - This property is currently owned by Southern Pacific Railroad and is Vacant. 7) 391E9BA; Tax lot 13400 - A bank is located on this parcel. A significant portion of the property, however, consists of an undeveloped field and under utilized parking area. 8) 391E9BA; Tax lot 13600 - This property was vacant at the time the inventory was conducted. 9) 391E55DA; Tax lot 4500 - This parcel consists of vacant, undeveloped land. 10) 391E5AD; Tax lot 600 - The majority of this parcel consists of vacant, undeveloped land. There is a small residence located on the property. 11) 391E5DA; Tax lots 3900, 4100, 4200, 4300 & 5AC; Tax lot 1100 - This property consists of vacant, undeveloped land. MAP 4 I 1) 391E12; Tax lots 308, 309 & 310 - This property was recently annexed and is vacant. 2) 391E11D; Tax lot 300 - The majority (90%) of this property is vacant. MAP 5 1) 391E14A; Tax lot 900 = Approximately 75% of this parcel is vacant. 2) 391E14A; Tax lots 1200,. 1300, 1400 & 1500 - These parcels consist of under utilized commercially zoned property. 3) 391E14A; Tax lot 2700 - This parcel is located behind the Arco Service Station and is vacant. The majority of the parcel is outside the City Limits. 4) 391E14D; Tax lots 1600, 1700 & 102 and 391E14A; Tax lot 1701 - This parcels consists of under utilized, commercially zoned properties which are outside City Limits. 5) 391E14D; Tax lots 100, 101, 201 - 80% of the combined area of these parcels is undeveloped and vacant. The Council believes that the following properties do not qualify as "vacant or under utilized" : MAP 2 1) 391E9AB; Tax lot 5000 - Residence on parcel. 2) 391E15AB; Tax lot 2101 - Required parking area with storage shed. (4) requires and assessment of Community Economic Development Potential. This is covered on pages VII-12 to VII-21. OAR 660-09-020 Industrial and Commercial Development Policies (1) required policies stating the economic development objectives for the planning area. This is covered on page VII-24 to 26. (2) (a) requires the community development objectives be stated, and identify the types of industrial and commercial uses desired. This is contained on pages VII-22 through 24 in the Goal of the element, and in its policies. (2) (b) requires a commitment provide adequate sites to meet This is contained in Policies VII-1 2 policies set forth above. , 3, & 4. OAR 660-09-025 Designation of Lands for Industrial and Commercial Uses. (1) and (2) requires that the plan identify the approximate number and acreage of sites needed to accomplish the objectives of the plan. This is contained on page VII-18 through 22 . (3) requires the City to identify that the sites are serviceable, and that the amount of land needed in at least the next three years is available. Serviceable means that public facilities (sewer, water, and transportation) are available, or can be made available within a one year time frame. All sites identified in the plan are either fully serviced, or can be serviced within one year, except for those lands in the Valley View area. These lands have adequate transportation and sewer facilities, but lack City water. They may develop adequately with well water for certain uses. (4) requires that the plan identify any special siting requirements for anticipated uses. The plan identified no uses with unique siting requirements that would require a site to be specially protected. SECTION 3 . DECISION 3. 1 Based on the record of the Public Hearing on this matter, the City Council concludes that the revisions to the Economic Element of the Comprehensive Plan are supported by evidence contained in the record. Therefore, based on our overall conclusions, we approve Planning Action #91-038. Dated this day of September, 1991. Catherine M. Golden Mayor Attest: Nan E. 'Franklin, City Recorder ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14. 02 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO UTILITY SYSTEMS--CUSTOMER ACCOUNTING POLICIES. SECTION 1. Section 14.02.010 of the Ashland Municipal Code is hereby amended to read as follows: 1114 . 02. 010 Service - Application. A. Initial Application. 1. Any person, firm or corporation desiring electric, water, and/or sewer service from the City must make application in writing on blanks provided therefor by the City, or by letter, and agree to abide by the rates, rules and regulations of the City. 2 . The applicant must sign the form provided by the City, or send in by letter, and furnish the following information, if applicable: a. Date of application. b. Name of applicant. C. Name of third party, if desired, who is designated by applicant to receive notice of termination. d. Address of premises to be served. e. Applicant's mailing address where bills are to be sent. f. Date applicant desires initiation of service. g. Purposes for which service is to be used. h. Previous service address of the applicant within the City, if any. i. A deposit or a letter of credit to establish credit of applicant as specified in Section 14. 02.020. j . Applications processing fee in the amount of ten dollars ($10. 00) . k. Such other information as the City may reasonably require. B. Subsequent Applications. A current customer of the City of Ashland may connect utility service at a new location by telephone, if their account is current and their credit history shows no more than one (1) delinquency. C. The application is merely a request for service and does not in itself bind the City to serve except under reasonable conditions, nor does it bind the customer to take service; but if the service is connected, the customer will be required to pay monthly minimum charges according to the applicable rate. D. No application for electric, water and/or sewer service shall be accepted, or no new service shall be furnished and person, firm or corporation who have any bill, fee or charge which has been due to the City for a period of thirty (30) days or more, until such bill, fee or charge has been paid in full. " SECTION 2 . Section 14 . 02. 020 of the Ashland Municipal Code shall be amended to read as follows: 1114. 02 . 020 Establishment of Credit. A. A customer shall establish credit with the City by depositing an amount equal to one and one-half (1 1/2) times the average monthly bill for the service address, rounded to the nearest five dollars. For new services, the Utility Services Division shall estimate the average monthly bill. A third party, other than the customer, may be permitted to post the required deposit, in which case the customer shall be deemed to have established credit as hereinafter provided. After a satisfactory payment record of ten (10) consecutive months with no more than one (1) delinquency, the deposit shall be refunded to the person who posted the deposit. B. A customer may establish credit by providing a Letter of Credit from another utility company, which provided the customer's heat' source for a minimum of ten (10) consecutive months within the last year. The Letter of Credit from the utility company must furnish the following information: 1. Address (or addresses) served by the utility for this customer. 2. Length, type (residential/commercial) , and time period at above location(s) . 3 . Number of past due mailer notices in the last year. C. A customer to whom a deposit has been refunded, or to whom a Letter of Credit was accepted in lieu of a deposit, and who becomes delinquent may be required to reestablish credit by making a new deposit as specified in Section 14. 02. 020 A. Residential and commercial credit shall be established separately and credit for one type of service will not be used as credit reference for the other type of service. Once a customer has established credit, a deposit will not be required for additional locations as long as good credit is maintained. " SECTION 3 . Section 14. 02 . 110 of the Ashland Municipal Code shall be amended to read as follows: 1114. 02 . 110 Requirements for Restoration of Service. Except as provided in Section 14. 02 . 090 during the pendency of an appeal, if a residential customer's service has been properly terminated under the above policies, the City shall not be required to restore or provide service at the same or any other location at which the customer resides without payment in full of any overdue amounts, together with any deposits and reconnection charges authorized in this Section. If service has been disconnected for nonpayment, a reconnection charge as specified by Resolution will be paid with the delinquent account if the reconnection is requested to be made during regular working hours of the Electric Department; or an after hours charge as specified by Resolution during other hours or on weekends or Holidays, before service is restored. Any customer not having a current deposit whose service has been disconnected for nonpayment will be regarded as a new customer, and a new deposit shall be required before service is restored. " The foregoing Ordinance was first read by title only in accordance with Article X, Section 2 (C) of the City Charter on the 1st day of October, 1991, and duly PASSED and ADOPTED this _ day October, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor do\m\ne ord\Wifiiy �HPmorttrcr� ixm '. ,. September 25, 1991 EGO, Q, Brian Almquist, City Administrator r �.ram: Steven Hall, Public Works Director p�1t�IjPtt: Vacation - Portion of Lori Lane ACTION REQUESTED 1. City Council conduct public hearing on vacation of an unopened portion of Lori Lane. 2 . City Council approve attached ordinance vacating portion of Lori Lane. BACKGROUND See attached information from Jim Olson. The right of way is not needed for Lori Lane which will be improved under a local improvement district approved by the City Council on June 4 , 1991. The origination of the right-of-way is unknown. It has an origination date of around 1900. How it was dedicated is also unknown. The vacation process is thought the easiest way to clear up the issue as requested by the property owner. The hearing has been advertised and property owners notified as required by State of Oregon statutes. Staff recommends approval of request. SMH: rm\Lonv,..cc cc: John Fregonese, Director of Community Development Jim Olson, Assistant City Engineer Encl : Ordinance w/Exhibit "A" Olson memo Haines letter Map ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF LORI LANE. WHEREAS, Notice of the Public Hearing on the proposed vacation of Lori Lane has been given in accord with the provisions of Chapter 271 of the Oregon Revised Statutes. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. It is determined that the public interest will be best served by the vacation of the portion of Lori Lane located in the City of Ashland, Jackson County, Oregon, more particularly described on attached Exhibit "A" . SECTION 2 . For the foregoing reasons the street located on the land described above is hereby vacated. The foregoing ordinance was first read on the 1st day of October, 1991 and duly PASSED and ADOPTED this day of 1991. SIGNED and APPROVED this day of , 1991. Nan E. Franklin, City Recorder Catherine M. Golden, Mayor EXHIBIT "A" Commencing. at a point which is 1348.5 feet North 63°45' West from a point situate 733.7 feet North and 526.0 feet West of the Northwest corner of Donation Land Claim No. 42 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence South 25°35' West 476.0 feet; thence North 15°17' West 436.1 feet to the most Westerly corner of that tract described in Volume 492 page 246 of the Official Records in said Jackson County; thence South 63.°251.35" East (Record South 63°45' East), along the Northerly line of said tract, 40.26 feet to a point on the Easterly line of Lori Lane and the POINT OF BEGINNING; thence, continue South 63°25'35". East along said Northerly line, 38.23 feet; thence North 25°35'00" East 15.20 feet to a 3/4 inch iron pipe on the Southerly line of GLENNVISTA ESTATES, a Planned Unit Development to the City of Ashland, according to the Official Plat thereof, now of record; thence North 63°25'35" West, along said Southerly line, 51.57 feet to a point on the Northerly projection of the Easterly line of said Lori Lane; thence South 15°14'55" East, along said Northerly projection, 20.40 feet to the point of. .beginning. REGISTERED PROFESSIONAL LAUD SUi;VcYOR 012 o"I DAVID M. M1 11-3N ) 2:49 David M. Minneci Hoffbuhr & Associates, Inc. . Haines 91-084' August 1, 1991 i - Of AS Memorandum , , , ,. September 6, 1991 pREGO� Brian Almquist, Steve Hall, John Fregonese, Al Williams, Vic . Lively, Keith Woodley, Dennis Barnts, Jerry Glossop, John McLaughlin AT rum: James H. Olson, Assistant City Engineer Vacation of an Unopened Portion of Lori Lane Right of Way A petition has recently been presented by Lloyd Haines requesting vacation of an unopened portion of the Lori Lane right of way. Would you please review this request to be certain that the vacation would not affect your responsibilities. Would it be possible to place this request on the. September 17 Council agenda to set a public hearing date? This vacation is required to develop the second phase of Glennvista Estates as approved. The required signatures and percentages have been acquired. All requirements have, thus far, been completed. JHO:rm\L�v. . AUch.a ft GLENNVISTA ESTATES 1257. Siskiyou Boulevard, Suite 232 Ashland, OR 97520 ( 503) 482-9300 August 28, 1991 Jim Olson City Engineer City of Ashland Ashland OR 97520 Dear Jim: Enclosed please find three petitions containing signatures pertaining to the vacating of a portion of Lori Lane. I believe that these signatures represent owners of 66 2/3$ or more of the surrounding land mass; please confirm and let me know immediately if we need to procure more signatures. Please place the matter on the City County agenda as soon as possible. Thanks for your cooperation in this and other matters. I remain, Very ruly yours, LloyIV QHaines LMH:mb = loo \ J :c•....:" I Y.� fPmn.l 1 N 0r les;q 1. voo 39 IE 5D/i' ;Zoo 4 221`' _.0 3 2LO I• Q:'.... . ! •'Y x) 0:: t� 'y0o• 2 cl) 4000 I� 3:01 % a 5 °. 9n •�^ LIMIT OF AFFECTED RE ORQN -j r i ' G Jim VST o, too. "3400 3 1 36 5-I 00 ♦ 0 3500 18 o' 3100 C 33' 2303 ♦,� - j 7000 ♦ – :a. 100' 300 — �I (�♦,� "1 ou' 3000 : I I . " ♦ �� 3 - GLENNVISTA ESTATES m ♦♦ I7un 2 0t ♦ loo' \ PROPOSED VACATION ' ;� o ool )6 moo ��♦. 12 1391E41CB 4♦.. 7200 3 .♦ � ` � •. 2J0 ipo (Y-4548) 2740 5 G23M 300 4 0234 ♦: N .. 7400 woo S 2500_ -6`tv�� 502 ��•f 'ry)(•• . .: f: 3 7600 08//� 60 7700 0 gyp.9 g SEY CJ - n 400 ry G 700 T. c s f-T _ N 2400 — '<9 30.7 / 43 . / �0' +y • / to 2 2Xp 4 '\ /0 .0 2300 „422,101 ^v. / Y" . 190D 2200 F "o 4A i P.IIi1J • Sf uo'' 1800' ° ..� b 1� �.r �• ^O•n) 7M '+1100. SCALE 1" = 100' YY S 600 - fo• r 14M ' - I o. iv-8040/ a HMNES PROJECT Concerns raised during informational meetings held on September 20 and 30,1991 with neighbors,concerned citizens,the developer,and the Planning Staff. Traffic on Central Safety/Children/Briscoe Traffic Speed Additional Traffic from Development Pre-Project Awareness Slowing Measures Main Access from N. Main Narrow w/Parking - 2 cars can't pass near crashes Possible Solutions Central Street not opened or improved Reduced through traffic to and from Railroad District Requires access to lower parking from Water and not Central Opening and improvement based on previous Council policy and goal -- Left Turn Lane from North Main to Helman (by Bard's Inn) Allows access to project from area where buildings most visible Reduces requirement to use Central as initial access from the north. Requires State Highway, Public Works, Neighborhood input on redesign of intersection and traffic signalization. Encourage Van Ness as primary north access rather than Central Wider street - greater traffic capacity than Central Traffic on Water/N. Main & Oak - Increased Under viaduct Pedestrian Safety Beaver Slide Loss of Plaza entrance from Oak Signals/LID's 1 Downtown Parking Inadequate (code) Employees? Hotel vs. Retail Existing Downtown Problem Pollution Convenience Traffic in Plaza - Parking Search Parking associated with Conference Room (additional to guests) Possible Solutions Limit use of Conference room to only those staying at the hotel complex. Limit use of Conference room to those times of the day when parking is available Limit use of Conference room to those times of the year when occupancy allows for adequate parking. Limit use of Conference room to those times when fewer than 106 rooms are occupied and adequate parking is available. Inappropriateness of Project Scale Massive - Fs & Physical Size w/impacts Effects Downtown (Cumulative) Increased Population Downtown (212) 2500 sq. ft. office/2000 sq. ft. retail No Restaurant No Bar Small Conference Room Perceived size - 45 condos min. vs. 106 rooms max. 2 Services Sewage - Impacts city-wide All Citizens impact Water Pressure Quantity/Quality Augmented Water Supply - TID 30,000 gal./day for use Current system inadequate - don't cause further problems Drought Original Notice More Open on Large, Controversial Issues More Publicity/Notice Criteria Notice Area Solutions Staff noticed a larger area for the Council hearing Staff is reviewing notice procedures, perhaps providing some mechanism for additional notice for larger projects (cable access, newspaper, etc...) Economic Impact Minimum Wage vs. Livable Wage Working Class vs. Min. Wage Town Economy Local Profits? Reinvestment 3 Parking Structure Possibility View Blocks/Ugly Growth/No-Growth Lightning Rod Not Project Specific City-wide Concerns vs. Project Concerns Staff Position Neighborhood vs. Developer Code Requirements/Comp Plan All Concerns Heard Adversarial Process Previous Development vs. Present Haines Provided Notice Available Responsible 4 s Commercial Utilization Open Space Lithia Park Extension Natural Features Retained Creek & Vegetation Interior Sidewalk Public Access Park System Add. Long Range Nearby R-3 Zone Redevelopment Cumulative Effects w/Haines Development Appeals Long Process Payments Relied on City Process/Plans 5 i Previous City Plans Downtown Open Space Public Facilities Pre-Planning Permitted Uses Ultimate Development of Project What could happen on Land? Personal Safety/Security Central Current Problem after 2 a.m. Security Personnel Neighborhood Concentration of Motel/Tourists Tax/Police Historic Homes City Infrastructure SDC's Tax New Development $230,000 to City Other Motels/Competition - Economic Retail - Unknown 6 ASHLAND SHOPPING CENTER P.O. Box 3030 Ashland, Oregon 97520 (503) 488-5827 September 26 , 1991 Planning Commission City of Ashland City Hall Ashland , Oregon 97520 Dear Planning Commissioners : I am writing this letter in support of the Ashland Creek Inn project which is set for hearing next week . I believe it to be a good project and proposed in an appropriate location . I believe the controversy over this project relates to a no-growth issue and not the design of the. project itself. It is inappropriate to shut down all growth or development in this town . Reasonable well- planned growth is necessary for the town ' s economic vitality . Thank you for permitting me to share my thoughts regarding this matter . Sincerely , Michael D. Rydbom e HARRY A. SKERRY. JR. ATTORNEY AT LAW 290 NORTH MAIN STREET. SUITE 1 ASHLAND. OREGON 97520 (SD3) 482-2721 September 27 , 1991 Ashland City Council City Hall Ashland, OR 97520 Re: Proposed Ashland Creek Inn Ladies and Gentlemen : , With the revitalization of downtown over the years , the importance of the old Newbry property has become more apparent . The use of the land was given particular attention in the provisions of the Comprehensive Plan . The Plan outlined the proposed uses , and established many criteria. It is my understanding that all of the criteria , and more, are included in the Ashland Creek Inn project , and that both the Historic and Planning Commission have unanimously approved the Plan . Others may desire different uses for the property , which is certainly their right . After cutting through all the rhetoric, however, we are compelled to abide by the rules and regulations we have adopted. Ver t 4ke , ry HAS/gl R r; S 0 L U T I 0 N VS HAIM S' -PROPOSi:L PLrNNING ACTION 91-009 Whereas the massive plans of the proposal are inappropriate for the small tovm of Ashland, and Whereas the proposal would create the overwhelming intensity of a minimum of 212 persons daily in downtown Ashland during peak months (double occupancy of 106 rooms) , and Whereas the proposal would dramatically quicken the pace of the neighborhood due to patrons with their cars, and Whereas the proppsal .would generate considerable noise by 212 people, their cars, their sports activities, aka Whereas the proposal would generate intolerable traffic congestion due to the projected "1300 daily vehicle trips' proposal, page 12 ) , and Whereas the proposal would severely threaten trs safet of Lriscoe students who would be sharing Central Street wi resort patrons, and Whereas the proposal would jeopardize present residents' on-street parking, and Whereas the proposal would further burden our sewer system, and Whereas these Oiu criteria mentioned above, and found in OR 18.104 are incompatible with the livability of the neighborhood, Therefore, be it resolved that we , the undersigned, believe the City Council of Ashland, Oregon is obligated to reject the Planning Commission' s approval of the Haines' proposal , Planning Action 91-009. ature mint :lame Lat $EP 30 RECD PUBLIC HEARING: Planning Action 91-099 City Council , Mayor and Applicant: I have reviewed all materials provided courtesy of Ashland Planning Department (maps , documents, and letters ) . Though this project shows considerable thought and work it should be altered or denied as it does not meet the criteria required for its approval . It fails to meet the criteria because information pertaining to the impact is unavailable or outdated and at best it is based on assumptions or unknowns that are inadequate to base interpretive opinion or conclusion. On the basis of the staff report the previous request was denied because of a parking variance and that the property should be used for commercial purposes. The proposal denied, had about 11 ,000 square feet for retail , office, restaurants uses while this project reduced those commercial uses to about 7 , 000 square feet. In addition this request allows for conversion without controls from hotel or traveler accommodations to 1 residential condominium use to maximum capacity, allowing for up to 40 plus motel operators, who may choose to use the ' units or not. There is nothing in the findings that suggests who the 1� owners might be and how they may use them. A residential use should not be a high priority in a C-1 zone. In addition if this is to be considered this impact is something that deserves consideration. These units could be empty or wall to wall beds creating a hazardous condition for its occupants and the surrounding area. With multi-use and no requirements to control its flexibility is bothersome to me. I would like to see restrictions on the number of units that could be converted to residential or condominium use and a set of requirements or guidelines as how they will be used. It would be preferable to have this division separated in the structure of the building and its design. This proposal doesn 't address the amount of on street parking that may be generated or where this parking will be. In addition the Central Street information was based on a traffic count in 1989 , 100 feet east of Laurel . There is no mention what months this study was made or for how long. Presently Central Street is receiving more pressure for on street parking and an increase of traffic during the summer months. To widen Central to accommodate more traffic has not been addressed or how it would impact the livability of the neighborhood or parking or how it would be paid for, should this development result in the need for it to be done in the future. Central Avenue, is about 30 feet wide, and with cars parking 1 _ SEP 30 RECD on both sides of the street, there would not be safe two lane passage at the present time. I feel assessing this cost to residences on Central in the future would be unfair and grounds for a 16-4 suit against the city for not considering this likely possibility. The noti"Or. that Central Avenue will be a by pass for down town tra fic impacts residences day and night and if the noise and ,traffic is better on a residential street than through a commericial zone someone is poorly misinformed. Downtown has stop lights to control traffic while no traffic signals exist d;- Central to deter speeding or traffic flow. Water street and B streets are not any better equipped to handle increase;? traffic. Speed limits, and speed breaks should be an additional requirement, as well as having full stops rather yield signs at all intersections . No thought was given to the safety of Briscoe School children or how off season attractions or an extended tourist e.eason: might jeopardize them. The ,riparian zone along the creek is just that and should be subtracted from the rest of the land to determine open space, landscaping and structure. The structure is massive and will generate and reflect heat , possibly destroying the .trees along the creek. No ecological or geological evidence was included in th•-:! fact finding process . Rain water is to increase in velocity and be routed directly into the Creek. .Little is said how this will affect this area or is known. We are losing the water that normally seeps into the ground y and maintains the water table which is essential for large a, ccees and 6s-tained moisture. Already with paving and man ,;made draining a .great deal of this water is being forced into h> creeks witb.out the chance to drain naturally through the ..faa-th and thereby benefit the natural environment and reduce t41ie. danger of flcoding. . The storm drains that over flow a;,r ,become clogged could increase the chances of flooding in tV;;*; • project. I also believe because more water at higher veld;>ity being drained into the creek from the past years of ' evelopment could raise the flood plain elevation and impact the l;ov:er structc.-e more severally. Satre sum total of :1evelopment and its affects need to be known before a project of this nature is approved in the locatic,'.a• to which it is proposed. A• weading pool a encouragement of use in what will or could bq ',a heavily u-ed area of the stream should be discouraged as it ?n -, contributes to more pollutants and damage to the ecosyst®m of the stream. Removal of natural vegetation may not provide the necessary balance for the life in the waterway. I feel stipulations should be made to ensure proper vegetation and coverit;e provided that enhances the life of the stream, not necessarily that which appeals to some humans eyes . The design, bulk and architectural features create a dominance far exceeding any thing downtown as it does not have the subtle breaks in color, design, and interest that 2 - S E P 30 RECD our downtown has . It over powers any thing in the surrounding neighborhood because of its blocky bold mass . A smaller complex with complimentary and compatible structures but with individual differences with breaks between structures with stairs, trees , decks and other landscaping would provide a better transition from downtown to the surrounding neighborhood. a Fencing, and walled areas were not included in the facts . Any attempt on Helman or Central or elsewhere except around a pool would give this a closed fortress feeling and presence. This needs to be addressed and should be included in the request. It appears that only small trees are planned and few at that. A four floor oven with the air conditioning on to keep cool in the summer months . This project will also need an increase and expansion , of utilities to proceed. Construction will occur in the summer months with heavy equipment and noise generated from, it, probably filling the air with dust and pollutants. Let ' s get all the facts and concerns addressed before accepting the mentality that this partial of land is an eye sore until it is built upon. It is the exact opposite view that has made Ashland a desireable place to live and is our drawing card for a• healthy tourism. Those who view undeveloped lands as blemishes should consider how lucky we are to have preserved what, little, we have and have bought the necessary time to make the best choices for our community. Because some of the criteria has been met and all could be met, I think before approval additional conditions in the above context should be included or the request should be denied. Sincerely, r.* Joan D. Drag Pr 123 Central A enue , Ashland, OR 97520 3 - 1-1-A-NePN HOWAQD GALFQY 82 N . MAIN ST . ASHLAND , OREGON 97520 ( 503 ) 488 - 2562 The Honorable Mayor Cathy Golden Members of the City Council City Hall Ashland, Or. 97520 October 1, 1991 Dear Council, I am writing in support of Lloyd Haines proposed project for the Newbry site. It has been carefully researched and planned in accordance with the city's Downtown Plan which has had input from the community for a number of years. I feel we are fortunate that the project is in the capable hands of Lloyd Haines who consistently does a first rate job. I've worked with Lloyd as a design consultant on several occasions and appreciate his integrity, fairness, and ability to get the job done right. I see no reason to postpone the project. Si erely yours, dy How d (C 5 ,r'). (�tM FQOA P, OA E.(Z ll� S 5rL - Fsz -gc;� ay,\ � Participants in Haines Project Information Meetings Facilitator -- Barbara Jarvis Planning Staff -- John Fregonese John McLaughlin Developer -- Lloyd Haines Craig Stone Simon K. Central/Heiman Street Neighbors Edie Willstatter Joan Drager Lois VanAken Joseph Travisano Concerned Citizens Carola Lacy Debbie Miller Patty Frey •....... ,. . V+CF ASN�O . Pmorandum August 26, 1991 �4E60� �• Mayor and City Council' r roY-m. Karen Huckins and Jill Turner UDjPt#� Proposed Utility Changes Recommendation: Staff recommends the approval of the attached ordinance amending Chapter 141,02 Customer Accounting Policies. Discussion: Proposed changes to the Public Utility Ordinance are highlighted in the attached document. In summary, the changes are the following: 1. Accepting letters of credit from other utilities for customers to establish initial service. 2 . Allowing connects by telephone for customers who have credit with the City. 3. Reducing the time period deposits are held from twelve months to ten months so that responsible college students do not need to post a new deposit each year. Additional changes that are in the Regulations of the Utility Services Division, General Provisions are as follows: 1. The Landlord Program. Upon the authorization of the landlord, utilities at rental property will automatically be left on when the tenant disconnects service. 2. Equal Payment Plan. The restrictions allowing only homeowners or renters with a long term lease eligible have been removed. The restriction that credit history must be ' excellent has also been removed. It is felt that some customers who have difficulty paying their bills might benefit from this program. 3. Definition of one delinquency. The Utility Billing Program can track everything that happens to a customer account. The proposed definition of one delinquency is three past due mailers or one door hanger or one NSF check in a ten month period. 4. Maintaining Good Credit. We propose to actively pursue deposits on accounts that fall below the delinquency criteria. The customers will be notified in advance at the start of this procedure. Twice a year customers who do not meet the criteria will need to pay a new deposit or bring the deposit on file up to date. Plans have been made to change the Utility office hours from 7:30 am to 5: 00 pm. when the remodel of City Hall is complete. This will allow working customers a better opportunity to take care of utility questions without losing time from work. There will be no extra cost involved in this proposal as work schedules will be changed. P RiSo co�e � %o c� e-bpk -t"� +Lt— - Public Utilities 14 . 02 . 010 Title 14 PUBLIC UTILITIES Chapters:- 14. 02 Utility Systems - Customer Accounting Policies. 14. 04 Water System - Rates and Regulations. 14 . 08 Sewer System - Rates. 14 . 12 Electric System - Regulations. 14 . 16 Electric System - Light Funds and Rates. 14. 20 Utility Service to Annexations. Chapter 14 .02 UTILITY SYSTEMS - CUSTOMER ACCOUNTING POLICIES Sections: 14. 02. 010 Service - Applications. 14 . 02 .020 Service - Establishment of Credit. 14 . 02. 030 Bills - Due Date. 14 . 02 . 040 Notice of Delinquency - Contents. 14 . 02 . 050 Notice of Delinquency - Service of Notice. 14. 02. 060 Notice of Delinquency - Personal Contact. 14. 02. 070 Designation of Third Party to Receive Notice. 14 . 02 . 080 Information on Financial Assistance. 14 .02 .090 Appeal of Termination Action. 14. 02. 100 Restrictions on Residential Terminations. 14 . 02 . 110 Requirements for restoration of Service. 14 . 02 . 120 Penalty on Delinquent Accounts. 14. 02. 010 Service - Application. A. ..,.. ,_..; _:.._Any _person, firm or corporation desiring electric, water, and/or sewer service from the City must make application in writing on blanks provided therefor by. the and agree to abide by the rates, rules and regulations of the City. $- The applicant must sign the form provided by the City, or.;sexxz3 . n,.,by_.,I tt6r and furnish the following information, if applicable: 4.741. Date of application. Name of applicant. 3- p Name of third party, if desired, who is designated by applicant to receive notice of termination. Address of premises to be served. a5-. W_' Applicant's mailing address where bills are to be sent. Date applicant desires initiation of service. w Purposes for which service is to be used. 8. _11_h_,_h__ the applleant is the eivener, tenant, or agent fer the premises; 9.h. Previous service address of the applicant within the City, if any. deposit te establAsh eredit ef apPI-4-eatit—as- spee Seetlen 14 . 02 .-GQ�_%, V diVi:., 0 a .1.1 gedat of ............ .............._01-41-1-10-0. D2 ....p, processing fee in the amount of ten dollars ($10. 00) . IC,;....Such other information as the City may reasonably require. ........ .... .... .. ..... 'T .......... ... .. ........ Ashland may Ocirnect.......... 'A . .........X. ... ................ .............. ... ..............j t .....location 1 _.y Gel . . th R: OQrM shows d. m 0 Wt . d I n u RTCT C. The application is merely a request for service and does not in itself bind the City to serve except under reasonable conditions, nor does it bind the customer to take service; but if the service is .connected, the customer will be required to pay monthly minimum charges according to the applicable rate. D. No application for electric, water and/or sewer service shall be accepted, or no new service shall be furnished and person, firm or corporation who have any bill, fee or charge which has been due to the City for a period of thirty (30) days or more, until such bill, fee or charge has been paid in full. 14 . 02 . 020 Establishment of Credit. Ar A customer shall establish credit with the City by depositing an amount equal to one and one-half (1 1/2) times the average monthly bill for the service address, rounded to the nearest five dollars. For new services, the Utility Services Division shall estimate the 'average monthly bill. A third party, other than the customer, may be permitted to post the required deposit, in which case the customer shall be deemed to have established credit as hereinafter provided. After a satisfactory payment record of twelve (1:2) test consecutive months with no more than one (1) Y: . 7, delinquency, the deposit shall be refunded to the person who posted the deposit. Rb.f Gredat foam another utility; company, which provided the ........... M J . Address (ar .....r.....d....s. ..s...d.....s....N....§...:.6...ry. E the Owdi-6:iZ 7Gerigt�s, at aboue �ocaton(s} « ,{ y yyry' y. ��...:: . .I�UJ31+ 'r IYA. past due mdJ � K not_ ces dTl; YttE XWKt :> A customer to whom a deposit has been refunded Witter esf edit was,=acc�pted in.,.Iaeu aaf a d� sasst and who becomes delinquent may be required to reestablish credit by making a new deposit as specified in S��tion .l4 Q�...ti�n,.A.... '_` `_"__ _tab _tied .�aica_a�icprc at a eemmerela! leeatlen, shall net 10 en ad ditlanal eemme-elal leeatiens R s dent � 3Sd iiTifi :C1A credit shall be estal�shed separately and credit f± r ©ne�yaeaP s 71"Y CG' Nt h riat b� lssd aS CX d t re xerice C7X t1iL'rot RV 1.jiypze o€> servTee dace a eustohner has :established credlt;: ,a deposit w11' x1tt bs 7CCjiileCT #od'i �Lanaloatr�ns asns g# Gxesiat 1s maznta3ned (Ord. 2242 sl, 1983; Ord. 2390, 1986), 14 .02 . 030 Bills - Due Date. All bills are payable within twenty (20) days after postal mailing date on the bill. If bills are not paid within twenty-five (25) days after the postal mailing date, then a notice shall be sent to delinquent customers that service will be disconnected if the bills are not paid by the date specified on the notice of delinquency. Such notice shall be mailed not more than thirty (30) days after the postal mailing date of the original bill. (Ord. 2242 sl, 1983 ; Ord. 2390, 1986) 14. 02 . 040 Notice of Delinquency - Contents. The City will give written notice to the customer before termination of service by mailing a notice of delinquency. The notice will contain: A. A clear explanation of the reasons of termination; B. The date of the proposed termination which shall be not less than ten (10) or more than fifteen (15) days from the date of mailing of the notice. C. A statement advising the customer that he or she may appeal the proposed termination to the City Council by submitting a 'Written request for a hearing to the City Recorder, Ashland City Hall, setting forth reasons for the appeal; D. A statement that no termination will take place during the period of November to March inclusive, if the customer has obtained prior to the proposed date of termination, a written statement from a licensed physician or a public or private agency providing physical or mental health care, that the termination would significantly endanger the physical health of a residential customer or any members of the customer' s household. The customer shall also be advised that such certification must be renewed in writing every thirty (30) days thereafter, unless the certification states that the condition is chronic, in which case the certification must be renewed annually. Any customer filing such a certification shall also be advised that they must enter into an arrangement with the City to pay any past due bills that accrue while the certificate is in effect. E. A statement that the City will not be liable for any loss incurred because of a disconnect for nonpayment of a utility bill. 14 . 02 . 050 Notice of Delinquency - Service of Notice. The Notice of Proposed Termination shall be mailed by first class mail to the last known address of the customer and to any third party designated by the customer pursuant to Section 14 . 02 . 070 to receive notices. Service shall be deemed complete as of the date of the mailing. 14 . 02 . 060 Notice of Delinauencv - Personal Contact. A. At least 72 hours prior to the proposed termination of residential service, the City shall attempt in good faith to contact the person in possession of the residence and their designated representative in person, inform them that termination is imminent, explain the alternatives and assistance available, and determine the reason or reasons the customer has not responded to the Notice of Proposed Termination. B. Immediately prior to termination of residential service, the City shall attempt in good faith to make a personal contact with the above persons and advise them of the proposed .action. C. If the customer appears unable to comprehend the consequences of the notices or service termination, for any reason, the City shall delay the termination of service until it has appropriately notified the Department of Human Resources. In such case the customer shall have an additional five (5) business days beyond the termination date stated in the notice to reach agreement with the City, or to appeal the matter to the CIty Council, before he or she may be terminated. D. Procedures used and efforts made by a utility to make the personal contacts under this section shall be documented. If personal contacts cannot be made, notices shall be left in a conspicuous place at the residence, stating that service will be terminated in the case of the second personal contact. 14 . 02 . 070 Designation of Third Party to Receive Notice. The City will offer its customers the option to designate a third party to receive the notice of termination set forth in Section 14. 02 . 040. Notification of this option shall be made upon initiation of service. 14. 02 . 080 Information on Financial Assistance. Prior to terminating service, the City will inform residential customers who cannot. pay their bills of .the names and telephone numbers of appropriate units within the State Department of Human Resources or other social service agencies which may help the customer determine what federal, state or private aid may be available to that customer. 14 . 02 . 090 Anneal of termination Action. A. Any customer may appeal the City's decision to terminate service or its refusal to restore service, by submitting a written appeal stating the reasons for the appeal to. the City . Recorder, Ashland City Hall, during business hours. B. Upon receipt of the appeal, the City Recorder shall notify the Utility office, and if the service has not been terminated, the City shall not terminate service until after the matter. has been acted upon by the City Council. C. The City recorder shall present the appeal to the City Council at its next regular meeting, giving notice to the customer of the date, time and location of the proposed hearing before- the City Council. The decision of the City Council shall be final. 14 .02 . 100 Restrictions on Residential Terminations. A. Physical Disabilities - The City will not terminate service of a residential customer or refuse to restore service on request, if the City has been advised in writing by a licensed physician, or public or private agency providing physical of mental health care, that termination of service would significantly endanger the physical health of the customer or any member of the customer's household and a certification under Section 14 . 02 . 040 (D) is in effect. However, the City reserves the right to install a service limiter type meter while such certification is in effect. B. Weekends and Holidays - Residential service shall not be terminated on, or the day prior to, a weekend or Holiday. C. Accounts not related to residential service - the City will not terminate residential service of a customer for failure to 'pay for a nonresidential service at another address, nor shall service be terminated for a nonresidential service for failure to pay for a residential service at another address. 14. 02 . 110 Requirements for Restoration of Service Except as provided in Section 14 . 02 . 090 during the pendency of an appeal, if a residential customer's service has been properly terminated under the above policies, the City shall not be required to restore or provide service at the same or any other location at which the customer resides without payment in full of any overdue amounts, together with any deposits and reconnection charges authorized in this Section. If service has been disconnected for nonpayment, a $15. 09 reconnection charge as sped iedi y 12 s± luAkon will be paid with the delinquent account if the reconnection is requested to be made during regular working hours of the Electric Department; or a ehar e f $59 ^^ p g � an fter....... G) ZtK ; pez � Q Iffy R�sUticsz ,: during other hours or on weekends or Holidays, before service is restored. Any customer not having a current deposit whose service . has been disconnected for nonpayment will be regarded as a new customer, and a new deposit shall be required before service is restored. (Ord. 2345 sl, 1985) 14 . 02 . 120 Penalty on Delinquent Accounts. A penalty of one and one-half percent (1 1/2%) per month may be charged on the delinquent portion of all utility accounts in excess of five hundred dollars ($500.00) or more, beginning on the thirtieth day following the original due date established in Section 14 . 02 .030. (Ord. 2242 sl, 1983) . e REGULATIONS UTILITY SERVICES DIVISION GENERAL PROVISIONS SERVICE - APPLICATION Application for utility service. First service with the City must be made in writing and the application shall be considered as a contract for this service location and for- any additional service locations in which the applicant agrees to abide by such rates and regulations as are in effect at the time of the signing of the application, or as may be adopted, changed or modified thereafter by the City, and to pay all bills promptly. Subsequent Applications for utility service. Active customers of the City may connect additional service locations by telephone as long as their bills are current and their credit history shows no more than one delinquency. The application is merely a request for service and does not in itself bind the City to serve except under reasonable conditions, nor does it bind the customer to take service; but if the service is connected, .the customer will be required to pay monthly minimum charges according to the applicable rate. No application for electric, water and/or sewer service shall be accepted, or no new service shall be furnished any person, firm .or corporation who have any bill, fee or charge which has been due to the City for a period of thirty (30) days or more, until such bill, fee or charge has been paid in full. ESTABLISHMENT OF CREDIT Initial Credit. A customer shall establish credit with the City by 1) posting a deposit, 2) providing a Letter of Credit from another utilitv or 3) by having an established customer with a good credit history co-sign for the account. A. Deposit shall be an amount equal to one and one-half . (1 1/2) times the average monthly bill for the service, rounded to the nearest five dollars. The Utility Services Division shall estimate the average monthly bill for new construction. All deposits shall be calculated by the Utility Billing Program except for the following addresses, which will be set annually in December: Ashlander Apts. , Lincoln St. Apts. , 744 Normal Av Apts. , 1361 Quincy St. Apts. , 2301 Siskiyou Bv. Apts. , 249 Wimer Apts. , 500 YMCA Way Apts. -1- 1. At the time of making the cash deposit, the applicant for service will be given a receipt for theisame. Deposit receipts are not negotiable or transferable. 2. If the applicant is unable to pay the required deposit in full, the City's representative may collect one-half (1/2) of the deposit at time of application and grant an additional fifteen (15) calendar days to pay the balance. 3. After a satisfactory payment record of ten (10) consecutive months with no more than one (1) delinquency, the deposit shall be refunded. a. One delinquency shall be defined as having no more than three (3) past due mailers or one (1) past due door hanger or one (1) returned NSF check in a ten (10) month period. B. The Letter of Credit must be from another utility company which provided the applicant' s heat source and must furnish the address (or addresses) served by the utility for the applicant, the length, type (residential/commercial) of service and the number of past due notices in the last year. 1. The applicant must have had service with the utility company for a period of not less than ten (10) consecutive months with no more than one (1) delinquency. C. A customer who has established credit with the City may co-sign for the applicant. 1. The co-signer must meet the criteria under "Credit Established" and "Obtaining and Maintaining Good Credit. " 2. The utility bill will come in the name of the co- signer, who has established credit with the City. The name of the person residing in the house will be listed as in c/o. 3. If utility bills are not paid in a timely manner, the co-signer's credit rating with the City may be damaged and the co-signer may be required to re-establish credit with the City. 4. If the account is disconnected and the final bill or any balance is left unpaid, the co-signer will be responsible for paymer}t of the bill. -2- 5. After ten (10) consecutive months of service using a co-signer, the co-signee can request that the account be 'reviewed. If the account shows that the bills have been paid on time following the criteria under "Good Credit", the co-signee can ask to assume the account. Credit Established. Credit is established by having ten (10) months of continuous service within the City of Ashland and maintaining a good credit history. A. Credit established for residential service cannot be used to obtain commercial service nor can commercial credit be used to obtain residential service. B. A customers credit rating will remain in effect for three (3) years after disconnection of service with the City of Ashland. If the three (3) years have expired, credit will need to be re-established. Obtaining and Maintaining Good Credit. Good credit will be in effect if there is no more than three (3) past due mailers or one (1) oast due door hanger or one (1) returned NSF check in a ten (10) month period A. The deposit will be refunded against the customers account if the criteria is met. B. If the criteria is not met, the deposit will be held for an additional ten (10) months from the date of the last credit marker. C. If a deposit is not on file and a customer does not meet the "good credit" criteria, a deposit will be collected at the time the customer wishes to transfer. service to a new location within the City. D. A City Representative will research customer records in April and October and collect a new deposit from any customer who does not meet the "good credit" criteria. BILLS - DUE DATE Bills are payable within twenty (20) days after postal mailing date on the bill. A. There is a five (5) day grace period before a past due notice is mailed. -3- II B. Based on utility records and customer information, the Account Representative may elect to extend the due date an additional fifteen (15) days from the original bill due date. C. If bills are not paid within twenty-five (25) days after the postal mailing date, then a notice, mailed not more than thirty (30) days after the postal mailing date, shall be sent to delinquent customers notifying them that the service will be disconnected if the bills are not paid by the date specified on the notice of delinquency. DELINQUENCY If the utility bill is not paid within twenty-five (25) days of the postal mailing date a oast due mailer will be sent. A. Contents. 1. Reason for termination. 2. Date of termination which shall be not less than ten (10) or more that fifteen (15) days from the date of mailing- of the notice. 3 . A statement advising the customer of the appeal process. a. Written request for a hearing before the City Council submitted to the City Recorder stating the reasons for the appeal. 4. A statement that no termination will take place during the period of November to March inclusive, if the customer has obtained prior to the proposed date of termination, a written statement from a licensed physician or a public or private agency providing physical or mental health care, that the termination would significantly endanger the physical health of a residential customer or any members of the customer' s household. The certificate must be renewed in writing every thirty (30) days, unless the certificate states that the condition is chronic, in which case it must be renewed annually. Customer must enter into an arrangement with the City to pay any past due bills that accrue while the certificate is in effect. B. Personal Contact. 1. At least 72 hours prior to termination of service, the City shall make a good faith effort to contact the person in possession of the residence. 2 . Immediately prior to termination of service, the City shall attempt a good faith effort to contact the person in possession of the residence. -4- 3. The Connect/Disconnect person will determine if the customer appears unable to comprehend the termination of service. The City will delay termination and notify the Department of Human Resources. An additional five (5) business days beyond the termination date stated in the notice will be given to reach an agreement or appeal the matter to the City Council. 4. Personal contact attempts will be documented. C. A customer may designate that a third party receive a copy of the notice of termination. D. The City will provide residential customers with names and telephone numbers of social service agencies which may help the customer to determine what aid may be available. E.- Appeal of termination. 1. A written appeal may be presented to the City Recorder. 2. The City Recorder shall notify the Utility office, and if service has not been terminated, the City shall not terminate service until after the matter has been acted upon by- the City Council. 3 . The City Recorder shall present the appeal at the next regular City Council meeting. The customer shall be given the date, time and location of the hearing. 4. The decision of the City Council shall be final. F. Restrictions on Residential Terminations. 1. Physical disabilities - If a health care certification is in effect. 2 . The day prior .to a weekend or holiday. 3 . A residential service shall not be disconnected for failure to pay a nonresidential service at another address. G. Restoration of Service. 1. The City shall not be required to restore service without payment in full of any overdue amounts. 2 . A reconnect fee will be charged to restore service. 3 . A new deposit shall be collected if the customer does not have one on file. H. Penalties. 1. One and one-half percent (1 1/2%) per month may be charged on the delinquent portion of all utility accounts in excess of five hundred dollars ($500.00) . 2. Effective the thirtieth day following the original due date. -5- LANDLORD PROGRAM Available to all Landlords and Property Managers in the Ashland City limits service area, the Landlord Program consists of an interim billing authorization request. The rental units utility service will automatically be left on and billed to the owner when the tenant's account is closed. It will be the owner's responsibility to notify the City of Ashland Utility Billing Division to close the account when the unit is rented. The service fee will be billed to the owner's account each time the service reverts to the owner's name. MINIMUM CHARGES Minimum charges for opening and closing bills will be prorated based on a 30 day month. Minimum (basic) electric and water charges, for contractor's and/or any meter that remains active, will be charged, whether or not there is usage. WATER LEAKS The Utility Billing Account Clerks are authorized to adiust a customer's bill when there has been a water leak. When adjustments are made by the Account Clerks, the following criteria will be used: A. The basis of the adjustment will be last year's consumption for the same time period. B. Consumption for the month of the water leak. Leak must be fixed prior to any adjustment. The adjustment will be for only one months usage.. C. The adjustment will be for the difference between the last year's consumption and the leak consumption divided by . two. The cost of the leak will be shared equally by the customer and the City. MIXED USAGE METERED BY A SINGLE METER The zoning ordinance governs home occupations AMC 18 08 300 An occupation commonly carried on within a dwelling by members of the family occupying the dwelling, provided that the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor outwardly manifest any characteristic of a business in the ordinary meaning of the term except as permitted in any ordinance -6- regulating signs, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. A home occupation does not involve the retail sale of a product or service on the premises other than teaching, tutoring, or counseling involving traffic impact of not more than one automobile at a time, nor more than eight persons per day. Businesses that fall under this criteria will be deemed residential. If there is a question of whether a home falls under this section of the municipal code, the Community Development Department will investigate and make a recommendation. The Railroad District as identified by the Ashland Historic Commission and approved by the City Council has permitted the. operation of small local-convenience businesses. As long as only 40% of the dwelling is used for commercial purposes, residential rates will be retained. Day Care Centers that are "home based" are cfoverned by the State of Oregon. The State has mandated that such centers with up to 13 children will retain their residential status. Group living. Room-mate, live-in status, or group living will be charged residential rates as long as there are less than 5 unrelated individuals who function as a single housekeeping unit. Any other purposes will be charged commercial rates and it will be up to the individual to prove that the primary purpose is residential. Any questions on any specific accounts will be determined by Community Development. Employee/senior citizen discounts. If residential rates are determined to be the proper rate for the account, employee/senior citizen discounts will be applied to the account when applicable. TEMPORARY CONNECT FOR CLEANING If credit has not been established, a landlord or agent for a rental unit can ask for a temporary connect for cleaning not to exceed ten (10) days. A disconnect will be taken at the same time as the connect to ensure that the temporary connect does not exceed the ten (10) day period. UTILITY ACCOUNT INFORMATION Location information is available to the public. This includes billing history, reading history and consumption history. -7- Customer information relating to address is available to the Public only after a release form is signed. Landlords or property agents may sign a blanket release form for the property that they manage. Customer history information is for the customer and the Finance Department's internal use. All other City departments are restricted entry to this information by programming controls. The information will be released to the Police Department if requested. Restraining orders. If a customer shows a restraining order to Utility Division personnel, a duplicate connect using an alias can be filed. This connect will be attached to the original connect form which shows the customer's legal name. The alias information will be entered into the computer system. The backup information will be available for internal use. Research. If a customer requests information that is not readily available on the computer and will need researched from Archive Records, a $50. 00 deposit must be made to the Cashiers before the research will begin. The charge to the customer will be based on two times the hourly rate of the employee assigned the project. The $50. 00 deposit will be deducted from the total bill, with remaining charges or refund to the customer. EQUAL PAYMENT PLAN Residential customers may elect to participate in the City's level or equal Payment plan. Enrollment in the program is open year round, but the account must be equalized in the month of June of each year. Customers who choose to participate must meet the following criteria: A. Residential service for one year at the same location. B. Bills must be paid in full before starting the program. Customer's responsibility while on the program. A. All equal monthly payments must be paid promptly by the due date. B. Upon receipt of the June billing, the customer must pay the total of the billing or if there is a credit balance, elect to leave it on the account or request a refund. C. Every customer who qualifies and wishes to participate must sign an equal payment application form. How the ectual monthly Payment is figured. A. The account is researched for one (1) year' s period of service. _g_ B. The future billings from July through June are figured on the past history with allowance for any proposed rate increase. If there is a credit balance left on the account, it will be incorporated into the formula. C. The year's billing is divided by eleven (11) . The result is the equal monthly payment. -9- PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Article X Section 2 (c) of the Ashland City Charter, that the Ashland City Council will meet on October 1, 1991 at 7: 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the first reading by title only of the following: An ordinance amending Section 14. 02 of the Ashland Municipal Code relative to Utility Systems--Customer Accounting Policies. NOTICE IS FURTHER GIVEN that copies of the foregoing ordinance have been furnished to members of the. City Council seven (7) days prior to the foregoing Council meeting, and three (3) copies . placed on file in the office of the City Recorder for public inspection during business hours. Nan E. Franklin City Recorder PUBLISH: Daily Tidings September 27, 1991 I ORDINANCE NO. AN ORDINANCE' AMENDING CHAPTER 14 .02 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO UTILITY SYSTEMS--CUSTOMER ACCOUNTING POLICIES. SECTION 1. Section 14 . 02 . 010 of the Ashland Municipal Code is hereby amended to read as follows: 1114. 02 . 010 Service - Application. A. Initial Application.. 1. Any person, firm or corporation desiring electric, water, and/or sewer service from the City must make application in writing on blanks provided therefor by the City, or by letter, and agree to abide by the rates, rules and regulations of the City. 2. The applicant must sign the form provided by the City, or send in by letter, and furnish the following information, if applicable: a. Date of application. b. Name of applicant. C. Name of third party, if desired; who is designated by applicant to receive .notice of termination. d. Address of premises to be served. e. Applicant's mailing address where bills are to be sent. f. Date applicant desires initiation of service. g. Purposes for which service is to be used. h. Previous service address of the applicant within the City, if any. i. A deposit or a letter of credit to establish credit of applicant as specified in Section 14 .02 . 020. j . Applications processing fee in the amount of ten dollars ($10. 00) . k. Such other information as the City may reasonably require. B. Subsequent Applications. A current customer of the City of Ashland may connect utility service at a new location by telephone, if their account is current and their credit history shows no more than one (1) delinquency. C. The application is merely a request for service and does not in itself bind the City to ,serve except under reasonable conditions, nor does it bind the customer to take service; but if the service is connected, the customer will be required to pay monthly minimum charges according to the applicable rate. D. No application for electric, water and/or sewer service shall be accepted, or no new service shall be furnished and person, firm or corporation who have any bill, fee or charge which has been due to the City for a period of thirty (30) days or more, until such bill, fee or charge has been paid in full . " SECTION 2. Section 14 .02 .020 of the Ashland Municipal Code shall be amended to read as follows: 1114 . 02 . 020 Establishment of Credit. A. A customer shall establish credit with the City by depositing an amount equal to one and one-half (1 1/2) times the average monthly bill for the service address, rounded to the nearest five dollars. For new services, the Utility Services Division shall estimate the average monthly bill. A third party, other than the customer, may be permitted to post the required deposit, in which case the customer shall be deemed to have established credit as hereinafter provided. After a satisfactory payment record of ten (10) consecutive months with no more than one (1) delinquency, the deposit shall be refunded to the person who posted the deposit. B. A customer may establish credit by providing a Letter of Credit from another utility company, which provided the customer's heat source for a minimum of ten (10) consecutive months within the last year. The Letter of Credit from the utility company must furnish the following information: 1. Address (or addresses) served by the utility for this customer. 2 . Length, type (residential/commercial), and time period at above location(s) . 3 . Number of past due mailer notices in the last year. C. A customer to whom a deposit has been refunded, or to whom a Letter of Credit was accepted in lieu of a deposit, and who becomes delinquent may be required to reestablish credit by making a new deposit as specified in Section 14 . 02 . 020 A. Residential and commercial credit shall be established separately and credit for one type of service will not be used as credit reference for the other type of service. Once a customer has established credit, a deposit will not be required for additional locations as long as good credit is maintained. " SECTION 3 . Section 14 . 02 . 110 of the Ashland Municipal Code shall be amended to read as follows: 1114 . 02 . 110 Requirements for Restoration of Service. Except as provided in Section 14. 02. 090 during the pendency of an appeal, if a residential customer' s service has been properly terminated under the above policies, the City shall not be required to restore or provide service at the same or any other location at which the customer resides without payment in full of any overdue amounts, together with any deposits and reconnection charges authorized in this Section. If service has been disconnected for nonpayment, a reconnection charge as specified by Resolution will- be paid with the delinquent account if the reconnection is requested to be made during regular working hours of the Electric Department; or an after hours charge as specified by Resolution during other hours or on weekends or Holidays, before service is restored. Any customer not having a current deposit whose service has been disconnected for nonpayment will be regarded as a new customer, and a new deposit shall be. required before service is restored. " 0 The foregoing Ordinance was first read by title only in accordance with Article X, Section 2 (C) of the City Charter on the 1st day of October, 1991, and duly PASSED and ADOPTED this day October, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor do\m\..Wd\utillty