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HomeMy WebLinkAbout1992-0730 Adjourned Mtg PACKET Rnportant: 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�gth of the agenda. AGENDA FOR THE ADJOURNED MEETING ASHLAND CITY COUNCIL JULY 30, 1992 I. PLEDGE OF ALLEGIANCE: 7: 00 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of July 21, 1992. IV. SPECIAL AGENDA ITEMS: 1. - Continuation of public hearing, appeal of P.A. 92-001, request for approval of 16-lot commercial subdivision for approximately 4 acres located between A Street and the S.P. railroad tracks. Map. No. 9BA T.L.' 14600 (Applicants: Donna Andrews/SPRR; Appellant: James Lewis) (Please bring your packet from the July 21 meeting) 2 . Second reading by title only of an ordinance adding a new oD Chapter 2 .21 to the Ashland Municipal Code, establishing a Cable Access Commission. 3 . Receipt of filing of initiative petition circulated by "Friends of Ashland". (No formal action necessary until August 4 Council meeting) V. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 21, 1992 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, Winthrop, and Arnold were present. Reid was absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of July 7, 1992 were accepted as presented. SPECIAL PRESENTATIONS: Glenn Rierson, TCI Cablevision, notified the City Council of their plans to replace a large portion of their service lines in Ashland to provide for improved reliability and more channels in the future. He requested a variance from the noise ordinance because the main cable work will be done between midnight and 6: 00 A.M. This request will be placed on the August 4, 1992 Council agenda. CONSENT AGENDA: The following items were pulled for discussion: 2, 5, 6, and 7 . On a question from Golden on #2 Monthly Department Reports - June 1992, Public Works Dir. Hall said the 2nd St. parking lot construction was delayed due to petroleum odor detection and testing, and the lot will be completed in two weeks. Golden asked about the work at Fire Station 12 and Hall said funds ran out and too many. projects are being done at one time. On #5 Liquor license request. from Holly Harding, 2341 Ashland St. (Payless) , Winthrop questioned the type. of outlet and was told beer and wine sales. Acklin noted that the results of the raw water test for cryptosporidium were negative #6. Golden said members of the Southern Oregon Council of Mayors were interested in participating in the newly-formed Task Force on Homelessness (#7) . Arnold said the Police Dept. and Parks Commission will also be represented. Acklin moved approval of the Consent Agenda, Williams seconded, all AYES on voice vote. PUBLIC HEARINGS: Wastewater Treatment Plant Facilities Plan and Alternatives. Public Wks. Dir. Hall read a letter from Jerry Lausmann, Mayor of Medford, requesting that the issue be re-visited with all agencies affected by water quality in Bear Creek prior to a City Council decision. Hall said the Rogue Valley Water Quality Advisory Committee received a report at each meeting at which Medford representatives were present. He then gave the history of this issue which began in 1988 with standards established by the Environmental Quality Commission. Public Works Dir. Hall and John Holroyd, Brown & Caldwell Consultants, recommend alternative 3A which involves an upgrade of the wastewater plant facilities, summer irrigation and winter discharge to Bear Creek. The public hearing was opened and Klaas Van De Pol suggested selecting Alternative 3A but looking at other alternatives which would be less costly to taxpayers prior to the September 1 deadline. Myra Erwin, 300 Grandview Drive, spoke in Regular Meeting - Ashland City Council - July 21, 1992 - P. 1 favor of Alternative 1, as did D'Wayne Smith, 208 Harrison, and Allen Erwin. Mel Winkelman, Chair of the Regional Rate Committee, invited Council to attend their meeting on August 10 and offered assistance in getting an extension from D.E.Q. Ron Doyle, 945 Hillview, prefers Alternative 1. Eric Dittmer, RVCOG, said water quantity is the most critical issue for Bear Creek. There being no further comment from the audience, the public hearing was closed. Laws suggested Alternative 1 and buying property to acquire TID rights. Acklin said, at issue is the health of Bear Creek and Alternative 3A allows more flexibility in dealing with this issue. Williams feels Alternative 3A is better for Bear Creek. Concerning Laws' previous suggestion, Acklin asked Staff to check on DEQ's jurisdiction over TID for water quality issues, and if a time extension will be granted for further study of Alternative 1. It was agreed to postpone a decision on this issue until August 18th, at which time staff will report on input from other affected agencies. Continue public hearing on P.A. 92-033 (E-1/C-1 Amendments) . Continued until August 4 , 1992 . Appeal of P.A. 92-001 - A 16-lot commercial subdivision between A Street and S.P. Railroad Tracks (Applicants: Donna Andrews/SPAR) . Due to the lateness of the hour a discussion was held with the parties involved concerning a hearing date, and the public hearing was continued until July 30, 1992 at 7 : 00 P.M. in the Council Chambers. UNFINISHED BUSINESS: Ordinance Levying Taxes for 1992-93. First reading by title only of an, ordinance levying taxes for the period of July 1, 1992 to and including June 30, 1993 on all real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, and repealing Ord. No. 2677 . Acklin moved to second reading, Williams seconded, all YES on roll call vote. Second reading by title only of same ordinance and Williams moved adoption. Laws seconded and the motion passed unanimously on roll call vote. (Ord. 2679) Adopt 1992-93 Budget. A resolution was read adopting the annual budget and making appropriations for fiscal year 1992-93 . Laws moved approval, Winthrop seconded, all YES on roll call vote. (Reso. 92-39) Ratification of Implementation of Water Conservation Ord. No. 2678, Stage 1. Laws so moved, William's seconded, all YES on roll call vote. NEW & MISCELLANEOUS BUSINESS: Water Status Report. Hall said Reeder Reservoir is 96% full and the citizens are doing a good job of conserving. Airport Tie-Down Fees. A Resolution was read establishing rental . rates for T-hangars and tie-down spaces and repealing resolution 92- 26. Acklin moved to adopt same, Williams seconded, and the motion passed on roll call vote with Arnold voting NO. (Reso. 92-40) Regular Meeting - Ashland City Council - July 21, 1992 - P. 2 l Secure T.I.D. Water Rights. Hall asked for authorization to pursue a contract to convert 1/2 of the City's water rights to permanent rights. Williams moved approval, Winthrop seconded, all YES on roll call vote. Fixed Base Operator Lease Authorization. Postponed until August 4 . PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Establish Permanent Cable Access commission. First reading by title only of an ordinance adding a new Chapter 2. 21 to the A.M.C. (Copies furnished in accord with the Charter) Arnold moved to second reading, Acklin seconded, all YES on roll call vote. Set Public Hearing - Ring Annexation. A Resolution was read setting a public hearing for August 4, 1992 and dispensing with an election. Arnold moved adoption of same, Laws seconded, all YES on roll call vote. (Reso. 92-41) BPA Residential. Conservation Agreements. A Resolution was read authorizing Mayor Golden to sign all future and previous contracts and revisions concerning same. Laws moved adoption, Williams seconded, all YES on roll call vote. (Reso. 92-42) Canvass of Vote. A Resolution was read canvassing the vote of the June 30, 1992 election concerning fire truck purchases. Laws moved . adoption, Arnold seconded, all YES on roll call vote. (Reso. 92-43) I.B.E.W. Contract Extension. Arnold moved to ratify a 3-year contract extension with Local 659, representing the electrical workers. Williams seconded the motion which passed unanimously on roll call vote. Office Space Lease - 27 1/2 N. Main St. Laws moved to. approve a one- year lease for the . Engineering Division offices, Arnold seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: On a question from Laws, City Admin. Almquist said the space needs assessment study will be completed in about six weeks. ADJOURNMENT: The meeting adjourned at 10: 30 P.M. to July 30, 1992 at 7 : 00 P.M. , Council Chambers. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - July 21, 1992 - P. 3 (d:\mts\7-21-92) Memorandum '.pREG0� ',• July 27, 1992 Mayor Golden and Ashland City Councilors Aram Nan Franklin, City Recorder INITIATIVE PETITION The initiative petition circulated by the Friends of Ashland, was filed, with signatures, in the City Recorders office on July 20, 1992. It was taken to the Jackson County Election Department on that date for signature verification. I have been notified that 1500 plus signatures have been verified. ( 1197 were required for the necessary 158 to place an initiative meausure on the ballot) . As required by ORS 259. 325 ( copy attached) , I am required to file the initiated measure with the governing body at its next meeting . The ballot title, prepared by the City Attorney, is also attached. ia� ,. City Attorney City of Ashland (503) 482-3211 , ext. 20 MEMORANDUM June 18, 1992 TO: Russ Chadick, Acting City Recorder FROM: (/'Paul Nolte SUBJECT: Initiative Petition - Large Scale Commercial Developments Pursuant.to ORS 250.275(3), 1 am providing you with the ballot title for the prospective petition for local initiative measure regarding the city's land use ordinance: CAPTION: "Restricts Size of Buildings and Changes Conditional Use Standards" QUESTION: "Shall buildings in E-1 and C-1 zones be restricted in size, shall conditional uses be subject to a livability standard?" EXPLANATION: "In E-1 and C-1 zones, new buildings are limited to 30,000, and new shopping centers to 60,000, square feet of floor area. Existing buildings and centers could be expanded up to, but not over, these sizes. A conditional use permit is required for new, or expansions of existing, buildings and shopping centers exceeding 20,000 square feet of floor area. 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APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD Notice map and criteria for July 21, 1992 City Council meeting . . . . . . . . . . 1 } ` Letter from Allan Sandler to City Council, 7/6/1992 . . . . . . . . . . . . . . . . . . 4 Letter of appeal from James Lewis 6/22/92 . . . . . . . . . . . . . . . . . . . . . . . . . 7 Findings of approval and approval letter 6/12/92 . . . . . . . . . . . . . . . . . . . . . 8 Affidavit of mailed findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Minutes of 6/9/92 Planning Commission meeting . . . . . . . . . . . . . . . . . . . . 16 Letter from James Lewis to Planning Commission 6/9/92 . . . . . . . . . . . . . 19 - Planning Department Staff Report Addendum IV . . . . . . . . . . . . . . . . . . . 20 Planning Department Staff Report Addendum III . . . . . . . . . . . . . . . . . . . 21 Proposed findings of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Letter from James Lewis to City Council . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Letter from Parks Commission authorizing $18,666 expenditure . . . . . . . . . 34 Bikeway Map from Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Master Plan for SP property submitted by Donna Andrews . . . . . . . . . . . . . 36 Letter from Cheryl Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Letter from Jay Treiger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Letter from Nathan Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Letter from Mathew Small . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Letter from Railroad District Neighborhood Assn. 5/10/92 . . . . . . . . . . . . 41 Letter from Jerome White . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Minutes of 5/12/92 Planning Commission meeting . . . . . . . . . . . . . . . . . . . 45 Planning Department Staff Report Addendum II . . . . . . . . . . . . . . . . . . . . 57 Planning Department Staff Report Addendum I . . . . . . . . . . . . . . . . . . . . . 59 Memo from Allan Sandler to Planning Commission 5/6/92 . . . . . . . . . . . . 68 - Letter from Railroad District Neighborhood Assn. to City Council 4/28/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Miscellaneous letters from 1990 regarding development of Park in the railroad district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Historical information on Golden Spike provided by Terry Skibby . . . . . . . 82 Historic photos of the railroad district provided by Terry Skibby . . . . . . . . 120 - Letter from Tom Pyle to Planning Commission 4/15/92 . . . . . . . . . . . . . . 158 - Letter from C.D. McKereghan to Planning Commission . . . . . . . . . . . . . 159 Proposed petition to form LID for park purchase . . . . . . . . . . . . . . . . . . . 161 -- Letter from Zelpha Hutton to Planning Commission . . . . . . . . . . . . . . . . 162 -- Memo from Liam Sherlock to Paul Nolte 4/12/92 . . . . . . . . . . . . . . . . . . 164 Letter from Richard McKinney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Letter from Allan Sandler to Planning Department . . . . . . . . . . . . . . . . . 190 Notice map for April 14 Planning Commission meeting . . . . . . . . . . . . . . 192 Minutes of 4/14/92 Planning Commission meeting . . . . . . . . . . . . . . . . . . 193 Planning Department Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Minutes of Historic Commission 4/8/92 . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Notice letter of neighborhood meeting in RR district . . . . . . . . . . . . . . . . 219 -- Letter from James Lewis to Mayor 3/10/92 . . . . . . . . . . . . . . . . . . . . . . . 220 Minutes of Planning Commission meeting 3/10/92 . . . . . . . . . . . . . . . . . . 223 Notice map for March 10, 1992 Planning Commission meeting . . . . . . . . . 224 Application information provided by Donna Andrews . . . . . . . . . . . . . . . . 225 Application form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Aajy R EC J D E�, E L 1 4 1992 July 15 , 1992 The City Council Ashland, Oregon Re: Appeal of P.A. 92001 , request for approval . Applicants : Donna Andrews/Southern Pacific Railroad. Members of The Council : Please deny Appeal . We are in a water crisis . Thank George Aguia 500 YMCA Way #310 Ashland, Or . 97520 Voting at Precinct #13 1 t v I t 7 ; ' , .- . • '.�.1� {• is '1 I i t � j. ...r . p i I , • � q N to I Ti 11V4 LA } Notice is hereby given that a PUBLIC HEARING on Acopy ofihe application,all documents and evidrncerelied upon by the applicant and the following request with respect to the ASHLAND applicable criteria are available for inspection at no cost and will be provided at LAND USE ORDINANCE will be held before the reasonable cost,ifmqucsted. A copy ofthe staff report will be available for inspection seven days priortothehearingand will be provided at reasonable cost,ifrequested.All ASHLAND CITY COUNCIL on the 21 ST DAY materials areavailable at the Ashland Planning Department,City Hall,20 East Main, OF JULY, 1992 AT 7:30 P.M. at the ASHLAND Ashland,OR 97520. CIVIC CENTER, 1175 East Main Street,Ashland, Duringthe Public HearingtheMayorshall allow t estimonyfromtheapplicantand Oregon. those in aarndance concemingthis reque L Ile Mayorshall have the rightto limilthe length of testimony and require that comments be restricted to the applicable criteria. 71e ordinance criteria applicable to this application are on the reverse ofthis notice. If you have any questions or comments concerning this request,please feel free to Oregon law states that failure to raise an objection concerning this application.either contact Susan Yates at the Ashland Planning Department,City Hall,at 488-5305. in person or by letter,or failure to provide sufficient specificity to afford the decision maker anopportunity torespond to the issue,precludes yourright ofappeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance _ criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. i� rw w '�^•: . : ARF. 4 FIZOPosca i-oR ' NE.X,tf6oRC�� r''ARk w. b •ti\1 V / �• HaaSLY S ITS 4 a w c , C � a 6 is•� M„ r , .at } �U QC VO . VIUy1TY MAP �NO SCw LC, PLANNING ACTION 92-001 is a request for approval of a 16-lot commercial subdivision for an approximately 4 acre parcel located between A Street and the Southern Pacific Railroad tracks. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 9BA; Tax Lot: 14600. APPLICANT: Donna Andrews/Southern, Pacific Railroad Land Use Chapter 18.:80 18 . 80. 040 Preliminary plat. A. submission. The subdivider shall submit- eight '(8) copies of a preliminary plat and other supplementary material as may be required to indicate the general program and objectives of the project to the office of the Director of Public Works. The plat shall be prepared by a registered surveyor. B. Scale. The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four (24) inches in size at a scale no smaller than one (1) inch equals one hundred (100) feet. C. General information. The following general information shall be shown on the preliminary plat: 1. Proposed name of the subdivision, which must not duplicate nor resemble the name of another subdivision in Jackson County and shall be approved by the Planning Commission. 2 . Date, north point, and scale of drawing. 3 . Appropriate identification clearly stating the map is a preliminary plat. 4 . Location of the subdivision sufficient to define the location and boundaries of the proposed tract. 5 . Names and addresses of the owner, subdivider, and surveyor. D. Existing conditions. The following existing conditions shall be shown on the preliminary plat: 1. The location, width, and names of all existing or platted streets within or adjacent to the tract, together with easements and other important features, such as section lines and corners, and monuments. 2 . Location and direction of all watercourses and areas subject to flooding. 3 .. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. 4 . Existing uses of the property, including location of all existing structures to remain on the property after platting. 5. Zoning on and adjacent to the tract. 6. Contours at an interval of five (5) feet. F. Land division - proposed plan. The following information shall be included on the preliminary plat. 1. The location, width, names and approximate grades of streets, and the relationship of the streets to any projected streets as shown on any development plan adopted by the Planning Commission, or if there is no development plan, as suggested by the City to assure adequate traffic circulation. 2 . The location and purpose of easements. 3 . The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks. 4 . Sites, if any, allocated for purposes other than single family dwellings. G. Partial development. Where the plat to be subdivided contains only part of the tract owned or controlled by the Title 18 Page 8 Land Use Chapter 18 . 80 subdivider, the Planning Commission may require a Master Plan for the unsubdivided portion. H. Explanatory information. The following information shall be submitted in separate statements accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat: 1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the proposed subdivision and showing how proposed streets may be extended to connect with the existing streets. 2 . Proposed deed restrictions, if any, in outline form. 3 . Where there are slopes in excess of ten (10) percent within the area to be subdivided, a preliminary. grading plan may be required by the Planning Commission. . A grading plan should show existing and finished grades on lots and streets proposed to be graded. Before grading can begin, the grading plan shall be approved by °the Planning Commission, which may request a review . and report from the City Engineer. I. Tentative approval. 1. Within thirty (30) days from the first regular Planning Commission meeting .following submission of the plat, the Planning Commission will review the plan and may give tentative approval of the preliminary plat as submitted or as it may be modified or, if disapproved, shall express its disapproval and its reasons therefor. 2 . Approval of the preliminary plat shall indicate the Planning Commission's approval of the final plat provided there is no change in the plan of subdivision as shown on the preliminary plat and there is full compliance with the requirements of this Title. 3 . The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, including reference to any attached documents, describing conditions. One (1) copy shall be returned to the subdivider and the other retained by the Planning Commission. (Ord. 2052, 1979) 18 80 050 Final plat. A. Submission. Within twelve (12) months after tentative approval of the preliminary plat, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final plat prepared in conformance with the preliminary plat as tentatively approved. The subdivider shall submit the original drawing, an exact or auto positive copy, five (5) prints of the final plat, and any supplementary information to the City. If the subdivider wishes to proceed with the subdivision after the expiration of the twelve (12) month period following the tentative approval of the preliminary plat by the Planning Commission, the preliminary plat must be resubmitted to the Planning Commission and showing any revision considered necessary to meet changed conditions. If Title 18 Page 9 4 MEMO TO Ashland City Council FROM Allan Frank Sandler DATE .: , July 6, 1992 RE Railroad District Subdivision; Planning Action #92-001 relating to Assessor's Map# 391E9BA, Tax Lot 14600 between railroad tracks and "A" street. 6 City Council Members - Mayor Golden - Paul Nolte, City Attorney I am sorry certain neighbors have decided to challenge the approval of the subdivision above stated. In fact, all parties wanted a railroad park, I negotiated an arrangement that would have allowed the neighborhood and the City and the Parks Department a chance to raise the monies needed to purchase the property for the park at a cost that was established before a subdivision was created. . . . the exact price paid to Southern. Pacific. It is apparent that certain persons from the neighborhood are in my opinion quite set against what I perceived was a wonderful way to bring about a conclusion to this matter. Because of this negative position by the neighborhood, I am now withdrawing my offer to finance the park property under the previous terms. Primarily because of what I ' perceive as a continual hostel atmosphere that may bring continued hostilities to this project. This I am afraid does a couple of things: . This causes a demand by the Planning Department to force a one year hold on part of the subdivision which in fact it can not do under Section 18. 80. 020G of the Subdivision Chapter of the Ashland Land Use Ordinance, which states the following: Y MEMO, TO Ashland City Council DATE July 6, 1992 Page -2 "G" Land For Public Purposes The planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision of appropriate areas within the subdivision for .a period not to exceed one year, providing the City knows of an intention on part of the State Highway Commission, School District, other public agencies to acquire a portion of the area within the proposed subdivision for a public purpose. Including substantial assurance that positive steps will be taken in the reasonable future for the acquisition. I take this position because of the above subdivision Chapter of the Ashland Land Use Ordinance: 1. ) No agency has come forward and said it. would purchase or cause to be purchased within the one year period. The planning action infers that the Parks Department might purchase this property. While in fact the Parks Department stated it would donate $18, 000. 00 toward the purchase, but in fact would in no way put up any further funds for purchasing this project. The neighborhood stated in an article in the Ashland Tidings that they have put off their fund raising attempts to purchase the property until after a funding referendum was put to the citizens of Ashland for a vote on open space and park acquisition. No such referendum has been put into action. This process has gone on for several months and no effort of any monetary consequence has moved forward. If money is available, where is it? 2. ) The second point is even more important. During the planning hearings Donna Andrews, the representative for Southern Pacific, stated that if the Planning Department. forced the sale of the park land in order to approve the subdivision that it would be under duress. This land was already promised to others and that a legal battle could emerge between all parties involved in this action. MEMO TO Ashland City Council DATE July 6, 1992 Page -3- The Planning Commission put the subdivision into a precarious situation. First it said we .won't grant you the subdivision unless you sell us a portion of the land for a park and then said we want to purchase it but we can not guarantee the purchase, but we want you to hold up things for a year so we can try and put things together even though we don't yet know how we are going to raise the money. It is quite clear by ordinance that you can not force the subdivision to sell you the land in the first place. Please note the following ordinance: ARTICLE XIX A - Open Space Park Program Section 2. Land and .Easement Acquisition Procedures. Both the Ashland Park Commission and the City Council must agree upon land or easements to be acquired for open space park purposes. Before any land or easements that have been acquired for the Open Space Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or easement shall be under the .control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails. Based upon the above and the fact that the City officials must protect its citizens under the law through laws duly adopted by the vote of the people, I request the following: You adopt approval of the subdivision, eliminating the requirement to force the sale of the property for the park. Let the parties who are purchasing the land negotiate directly with parties who want the park and let the City remove itself from this matter. Which it has no legal right to, in. the first place. I will end by saying that the parties I have talked to and myself all want a park.. However, let the process work itself out under the law. . . not by trying to circumvent the law. cc: Ken Mickelsen, Parks Department Donna Andrews, Avery Properties 6 / Le lc.uv June 22, 1992 James Lewis Ashland Citv Council 640 "A" St. Ashland, Or Re; Planning Action 92-001 Subdivision along "A" Street. Mayor and Councilors, After reviewing the minutes and tapes of the three previous meetings, it seems there has been little or no discussion of traffic problems or of the concerns of the Neighborhood Association. We feel several streets in the Railroad District have reached their maximum traffic load and cannot accept an increase in vehicles that would be generated by this subdivision. Both the Association and the Traffic Safety Commission agree we need an updated traffic study. Until this study is done we can only use�the 1988 study and estimate increases in traffic over the past four years ! The 1988 study indicates excessive traffic counts on Eighth, Fourth and Pioneer Streets. We can all agree that traffic has increased within the District since 1988 and since some streets had reached their capacity already, it would seem that Planning Action 92-001 has not proven there is adequate capacity on existing streets. ( See Land Use Ord. 18.80.020-B 9- Access to Subdivision.) The existing residential streets, First through Eighth Streets, have a capacity of 800 vehicles per day and residential streets without sidewalks have a capacity of 600 vehicles per day. We feel capacity has been reached : and exceeded on several'streets.within the Railroad District. Without a valid traffic study within the 120 day appeal limit, we feel this Planning Action would.be inappropriate as presented. Other concerns regarding P.A. 92-001 include the paving over of a Wetland area at Sixth Street, and necessity of Southern Pacific to sign in favor of a grade crossing at Fourth Street. The Council should be the governmental body that negotiates with Southern Pacific. for park land, not the Planning Staff and the reservation holders. Only the Council can buy and sell property for the Cityl�of Ashland. J I feel it is important that the City Council make this decision to approve or deny this planning action. I would also ask you to read the minutes and testimony and see for yourselves whether Planning Action 92-001 has shown it has fulfilled the criteria for approval. I feel the burden of proof is with Southern Pacific not the surrounding neighbors. I submit this letter to appeal the June 9, 1992 Planning Commission decision to approve with attached conditions P.A. 91-001. Res [fully, ames Lewis' CITY OF ASHLAND CITY HALL-. I ASHLAND.OREGON 97520 telephone(code 503)482.3277 June 12, 1992 RE: Planning Action # 92-001 Dear Donna Andrews/Southern Pacific Railroad At its meeting of June 9 , 1992 the Ashland Planning Commission approved your request for a Subdivision for the property located between the Railroad Tracks and "A" Street Assessor's Map# 39 'lE 9BA ,TaXLOt S 14600 The Findings of Fact and the Commission's Orders,. which were adopted abAkm on June 12, 1992 .are enclosed. Please note the followin circled i ms: A final map prepared by a 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 3. There is a 15 day appeal period which must elapse before a Building Permit may be issued 4. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued 5. Planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. R�� r u n r JMc/sa Enclosure(s) BEFORE THE PLANNING .COMMISSION June 9, 1992 IN THE MATTER OF PLANNING ACTION # 92-001, A REQUEST ) FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN ) FINDINGS, APPROXIMATELY 4 ACRE PARCEL LOCATED BETWEEN A STREET ) CONCLUSIONS AND THE SOUTHERN PACIFIC RAILROAD TRACKS. ) AND ORDERS ) - APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD ) RECITALS: 1) Tax lot 14600 of 391E09BA is located on the north side of "A" Street and is zoned E-1, Employment. 2) The applicant is requesting approval of a _16-lot commercial subdivision. 3) The criteria for approval of a- preliminary plat for a subdivision are found in ALUO 18.80. 4) The Planning Commission, following proper public notice, held Public Hearings on April 14, 1992 and May 12, 1992, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as modified at the meeting subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits,, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2 . 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 1 9 - 2 . 2 The Planning Commission finds that the request for a subdivision is supported by evidence contained in the whole record, and finds that that evidence provides grounds for approval of the application. 2 . 3 The Commission finds that the land .is zoned E-1, and that a subdivision is an permitted use The Commission finds that there are no minimum nor maximum parcel sizes for E-1 parcels, but rather that the lots be capable of supporting commercial development. The Commission finds that the lots proposed are of . adequate size to support. commercial development as presently exists in the surrounding area. 2.4 The Commission finds that the area from Sixth to Eighth Streets is indicated on the City's Open Space Plan map, a portion of the Comprehensive Plan, as a neighborhood park for the Railroad District. The Comprehensive Plan states the following: "Consideration. of both existing and proposed (community) park areas reveals that several neighborhoods will be more than one-quarter mile from any park. Four parks are planned to accommodate the remaining neighborhoods. that would need parks for casual, pedestrian use. The neighborhoods are the .Oak Knoll area, the Guthrie ,Street area, the Railroad District, and the Wimer Street area." (emphasis added) Policy 6 of the Open Space element of the Comprehensive Plan states the following: "The City shall adopt an official map that will identify the planned areas for parks, new natural areas, conservation areas, and trails. Where only a portion of the property is required .for park of open space use, development can occur on the remainder of the property. When only a small portion of the property is required for public purpose, and the new development will benefit from the public area, dedication may be required. Otherwise; the City will purchase the property, paying fair compensation. When development is possible, if the City does not have the funds available for the intended purchase within a reasonable amount of time, the City shall release the land from the Parks designation and allow the development consistent with other plan policies. " The Planning Commission finds that it is in the interest of the City of Ashland to acquire this identified area as a neighborhood park for the City. Section 18 . 80. 020 .G. of the Subdivision Chapter of the Ashland Land Use Ordinance states the following: "G. -Land for public purposes. 2 to 1 . The Planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one year, providing the City know of an intention on the part of the State Highway Commission, school district, or other public agency to acquire a portion of the area within the proposed subdivision _ for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition. " The Planning Commission makes the following findings in relation to above mentioned ordinance regarding the reservation of lands: 1) The City of Ashland is a public agency desirous of obtaining a portion of this area for public purposes - specifically a neighborhood park. 2) The land for park purposes is identified on the adopted Open Space and Parks Plan of the City of Ashland, and the previously referenced areas of the comprehensive plan indicate an intention to acquire the land for public purpose. 3) On May 13 , 1992, the Ashland Parks and Recreation Commission unanimously approved the expenditure of approximately $18, 000 for earnest money to enter into an agreement to purchase the identified land between Sixth and Eighth Streets within one year. The Planning Commission finds that this action constitutes reasonable assurance that positive steps will be taken in the reasonable future for park acquisition. Therefore, the Planning Commission finds that it can reserve the land identified on the City's Open Space and Parks Plan map as the area from Sixth to Eighth Streets for purchase as a public neighborhood park. 2 .5 The Planning Commission finds that "A" Street is an improved City street with current traffic flows of approximately 1500 trips per day, as indicated on the traffic counts provided by the City Engineering Division, dated 7/12/88. The Commission finds that if the parking were removed from one side, that there is adequate capacity for further increases in traffic generated by future commercial uses on these parcels. The Commission finds that this parcel is presently vacant, and that the division of the land into smaller parcels, in and of itself, will not increase the traffic levels in the neighborhood. The Commission further states that future development on any of the developed parcels will be required to obtain Site Review approval. At the time of that review, the applicants will be required to 3 provide evidence of adequate capacity for transportation, and the ability of the surrounding streets to accommodate the traffic generated by specific future uses. Further, the Commission finds that the reservation of approximately half of the property for neighborhood park purposes mitigates traffic problems by limiting the total area available for commercial development. The requirement for alleys also provides for service areas for trucks that will allow for deliveries to the properties while allowing the trucks to re-enter onto "A" Street in a forward manner, leaving the area via Fourth Street or Oak Street, without exiting through the other areas of the railroad district. 2 . 6 The Commission finds that the preliminary plat, as modified by the conditions of approval, complies with the standards of ALUO 18 .80. 2 .7 The Commission finds that the area near the Sixth and A St. intersection does not constitute a wetland. due to its size being less than 1/2 acre in size, and it being fed by an off-site. water source piped several blocks to this area. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the request for a subdivision, as modified by the conditions of approval contained in these findings, 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 #92-001. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-001 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) If the City is" in a position to purchase the property prior to the recording of the final plat then the area reserved for a public park be indicated as one lot on the final survey plat. No alley dedications shall be required for this area if purchased and developed for park purposes, but shall be required if developed privately for commercial purposes. 3) That Fifth Street be dedicated to a 20' width across this property, with adequate radius turns for all of the alleys proposed, as approved by the Public Works Department according to applicable standards. 4) That all alleys approved, as well as the street extension of Fourth Street, be installed and completed prior to signature of the final 4 subdivision survey plat, as required in 18. 80. 050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by the formation of a local improvement district for all required improvements. 5) That a 5' sidewalk be provided along "A" Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3 .5' street right-of-way dedication be provided for the full frontage along "A" Street, excepting that portion from Sixth Streets to Eighth Streets as part of the Phase I platting. Should Phase II be platted, then 'a 3 . 5' street right of way dedication shall be provided for this section as well. 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water,. electric, and streets. That an easement be provided for the existing power line crossing at Sixth Street, and that the applicants and all future property owners coordinate electrical service with the Ashland Electric Division prior any further development or modifications. 8) That the area near Sixth Street,, having a water line providing spring water to this area, be addressed as part of the overall improvements to the subdivision. Further, that the water line serving be located and protected by easement where it is not in the public right-of-way from its source to the subdivision property. 9) That the applicants receive certification from the Oregon Department of Environmental Quality that the property proposed for subdivision is not contaminated, and that future construction or park use of the land can be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 10) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 11) That the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. And that should a park be included as part of the development, that the alley indicated behind the area to be a neighborhood park be deleted from the subdivision design. 12) That an 8' bike path easement be dedicated to the City of Ashland along the rear of all parcels, adjacent to the railroad right of way, including Parcel 1 and lands dedicated for park purposes. Such easement to be indicated on the final survey plat. 5 13) That all future development within the subdivision shall provide recycling areas, in addition to the required trash areas. 14) That the area described as Lots 10, 11, 12, 13 , 14, 15, & 16 on the submitted tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a period of one year from the date of the city's final decision. or a. period not to exceed six months from the filing of the plat, whichever date is later, for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18 .:80. 020.G. 1. Acquisition shall be accomplished in the following manner and be subject to the following terms:' a) . The property shall be acquired for park purposes and no restrooms or vending structures shall be constructed within 175' of the western property line of the park parcel for 15 years. b) Simultaneously with the filing of the plat, developer or developer's assignee shall enter into a binding agreement with the City for the acquisition of the park parcel by the City. The agreement shall provide that the City, or the Parks Commission on behalf of the City, shall deposit lot of the purchase price in escrow as a down payment, with the balance due within six months of recording of the plat. The down payment shall be forfeited if the City fails to purchase the property. City shall pay interest at the rate of 10% per annum on the unpaid balance, due when the sale is closed or otherwise terminated. Down payment to be due . and interest to begin when developer or developer's assignee purchases property from current owner or the plat is recorded, whichever date is later. Purchase price for the park parcel shall be determined by the price paid by the developer for the entire property and prorating such price according to acreage involved in the park parcel. The price shall not exceed $188,000. The agreement shall provide for title insurance to City with encumbrances reasonably acceptable to City, sharing of escrow costs, and that the property be free of hazardous substances as defined in ORS 465.200(9) . The agreement shall provide that the City shall participate with the developer in a phase two environmental audit with costs shared on a pro rata basis according to acreage. .ck 6 lea Planning Commiss6o Approval Date (p:mrt ttpa92-001.Fin) - 6 Iq AFFIDAVIT OF MAILED FINDINGS On June 12 19 92 , the attached Findings for Planning Action # 92-001 were mailed by Sonja Akerman to the attached mailing list. The total number of Findings mailed was 26 By Sonja Akerman Date June 12, 1992 Property Owner X Applicant X Engineer/Architect/Surveyor N/A ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 9, 1992 MINUTES CALL TO ORDER The meeting was called to order at 7:10 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Thompson, Carr, Bingham, Cloer, Powell, and Medinger. Staff present were McLaughlin, Molnar, Yates and City Attorney, Paul Nolte. TYPE 11 PLANNING ACTION (CONTINUTATION) PLANNING ACTION 92-001 REQUEST FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN APPROXIMATELY FOUR ACRE PARCEL LOCATED BETWEEN A STREET AND THE SOUTHERN PACIFIC RAILROAD TRACKS. APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD Staff distributed Addendum IV to the Commission. McLaughlin noted that Condition 2 had been modified as well as Conditions 14 and 15 as per Addendum IV. Also distributed were the Findings. The record was left open to discuss public improvements and right-of way dedications and some traffic issues. Some additional information has been submitted. The cul-de- sac has been removed as part of the plan so there is no formal turnaround either at 8th or 6th Streets, finding that the alley which would go between 4th and 6th Streets .could serve as a turnaround for trucks. McLaughlin pointed to the map entered into the record indicated as the Ashland Railroad District (submitted by Bill Emerson) indicating details about a turnaround in the alley and adequate radius for the turnaround. Emerson's concern is that the design of the subdivision and the right-of- way dedications have adequate radii to allow truck movement and function as a truck turnaround. To adequately address this issue in the. Findings, it could-be further addressed in Condition 3 by inserting `...as approved by the Public Works Division according to applicable standards....the alleys along the rear of the property". McLaughlin read a letter from Jim Lewis into the record requesting a new traffic study. A 1988 traffic study map was also submitted. The streets have been found to be adequate as outlined in the Findings document and traffic can be accommodated further on A Street through the removal of parking on one side. Powell asked about the environmental audit. Nolte said that Southern Pacific has its own environmental audit crew that survey the property, however, before any financing is possible to the developer, most financial institutions want an independent 16 environmental audit. The City would participate in an audit. Powell wondered exactly where the park will begin. McLaughlin said it will begin from the mid-point of the of the right-of-way of 6th Street or it might change at the most 10 feet. Thompson wanted Condition 12 deleted (constructing a fence to restrict access to the railroad tracks) in order to maintain an open feeling. McLaughlin said the condition was imposed by SP on the purchaser and believed it would run the full length of the property. Thompson said he did not want a four block barrier and would prefer a minimum of gates and breaks in a barrier. Nolte mentioned that for liability purposes, the City would probably want to fence the tracks. Medinger felt it would asking for trouble by putting a park with children next to the railroad tracks and would favor a fence. - Cloer is uneasy about the finding of the adequacy of streets and accepting a four year old traffic study. Jarvis said that after looking at Lewis' submittal and based on Staff's Findings, she is not comfortable with the Finding (2.5) being sustainable. Powell said she had talked with Jim Olson, City Engineer, and a traffic study is going to be done in the railroad district in the next couple of weeks. McLaughlin said the Commission could have this issue studied further or accept the evidence in the Findings with regard to traffic flows along A Street because that is the street under consideration since it is adjacent to the development. At the last traffic study, the portion of A Street from 6th to 8th Streets was unpaved. Bingham abstained from voting since he was absent from the last meeting and did not review the tapes from the last meeting. However, he thought a plan had been mentioned for a bike path. A bike path had in fact been discussed at the last meeting, but was inadvertently left out of the motion. Nolte indicated conditions could be exacted at this meeting. McLaughlin had a discussion with Steve Hall, Public Works Director and he said the bike lane is proposed to come down 8th Street and onto the proposed park area and continuing down A Street. Hall did not want the path running down an alley behind buildings. Bingham would like to keep the bikes from sharing space with auto traffic. Thompson wanted, in place of Condition 12, to insert a condition requiring an eight foot bikeway easement on the north side of Lot 1 and on the land indicated for park purposes. The bikeway would be a part of the alley. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JUNE 9,1992 Carr moved to adopt the Findings for PA92-001 with the deletion of Condition 12 and substituting Condition 12, that an eight foot bike path easement be dedicated to the City of Ashland along the rear of all parcels, including Parcel 1 and the lands indicated as Park. Add to Condition 3, "as approved by the Public Works Department to applicable standard". Thompson seconded the motion. Cloer is concerned about traffic and did not know how to mitigate the problem if the commercial development overloads the residential area. Medinger said that each= development will have to go through Site Review. Jarvis said it is difficult to find traffic . impact when there are no businesses yet proposed. The motion carried unanimously. APPROVAL OF MINUTES AND FINDINGS Carr moved to approve the Minutes of the May 12, 1992 meeting. The motion was seconded and approved. Carr moved to approve the Minutes of the May 13, 1992 meeting. The motion was seconded and approved. Powell moved to approve the Findings of the May 13, 1992 meeting. The motion was seconded and approved. PUBLIC FORUM RUDY WERTEPNY made a presentation and handed out a proposal regarding a Recreation Vehicle park that would be located on Clover Lane. The Commissioners gave Wertepny Comments about his proposal and were somewhat agreeable to the location and idea, however, only with a complete redesign, developing a park that would create more interest aesthetically. The burden will be on the applicant to develop an ordinance change. Cloer felt it was important not to open up other areas of the City for this use. TYPE III PUBLIC HEARING PLANNING ACTION 92-074 REQUEST FOR ANNEXATION OF 5.1 ACRES PRESENTLY ZONED RR-5 (JACKSON COUNTY) TO BE ZONED E-1 LOCATED AT 2895 HIGHWAY 66. APPLICATION ALSO INVOLVES SITE REVIEW FOR LIGHT MANUFACTURING AND RELATED OFFICE USE FOR THE EXISTING STRUCTURES, AND A NEW STORAGE BUILDING. APPLICANT: JOHN AND FEATHER KING ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES JUNE 9,1992 ! 8 - June 8, 1992 City of Ashland Planning Exhibit E»nen PAN James Lewis DATE 'STAFF 640 "A" St. Ashland, Or Ashland Planning Commission, Re: Planning Action 92-001 Subdivision along "A" St. Commissioners: After reviewing the minutes and tapes of the two previous meetings, it seems there has been little or no discussion of traffic problems or of the concerns of the Neighborhood Association. We feel several streets in the Railroad District have reached their maximum traffic load and cannot accept an increase in vehicles that would be generated by this subdivision. Both the Association and the Traffic Safety commission agree we need an updated traffic study. Until this study is done we can only use the 1988 study and estimate increases in traffic over the past four years. The 1988 study indicates excessive traffic counts on 8th St, 4th St, and Pioneer St. We can all agree that .traffic has increased within the District since 1988 and since some streets had reached their capacity already, it would seem that Planning Action 92-001 has not proven there is adequate capacity on existing streets. (See Land Use Ord. 18.80.020-Bi%9 Access to Subdivision) The existing residential streets, First through Eighth Streets, have a capacity of 800 vehicles per day and residential streets without side- walks have a capacity of 600 vehicles per day. We feel capacity has been reached and exceeded on several streets within the Railroad District. Without a valid traffic study within the 120 day appeal limit, we feel this Planning Action would be inappropriate as presented and should be denied. (See enclosed 1988 Railroad Addition Traffic Study Map) . Thank you, AAA James Lewis Ig ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM IV June 9, 1992 PLANNING ACTION: 92-001 APPLICANT: Donna Andrews/Southern Pacific REQUEST: "A" Street Subdivision I. Minor modifications to the conditions of approval in the Findings The changes are in bold type in the attached findings. Condition 2 This has been slightly modified regarding the phasing of the subdivision. Essentially, rather than filing the subdivision in two separate phases, if the City has the funds available at the time of the filing of the plat, then the area indicated as a park can be platted as one lot. Should the funds not be available at that time, then the full subdivision can be platted, but the City will still have the right to purchase the park land as per Condition 14. However, should the funds not be available to purchase the park land, then the subdivision would then be platted as originally submitted. Condition 14 Only minor changes were made to this condition. The first clearly explains that the City has at least one year as a reservation on the park land after .the final decision, or 6 months after the approval of the final survey plat, whichever is longer. The second change comes in paragraph b), clarifying that the down payment shall be forfeited if the City fails to purchase the property. Condition 15 This condition has been deleted, as all of the information regarding it has been included in Condition 2. .20 ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM III June 9, 1992 PLANNING ACTION: 92-001 APPLICANT. Donna Andrews/Southern Pacific REQUEST: "A" Street Subdivision I. Additional Information At the hearing on May 12, 1992, the Planning Commission approved the subdivision request with several conditions, however, the record was left open for discussion of several items, including public improvements and street and alley dedications. Since the meeting, the staff has met with the applicant and the majority of current reservation holders and discussed issues relating to additional street dedications and alley dedications, as well as park development, system development charges, and the formation of an LID for alley improvements. However, the record was left open for only those specific items referred to by the Commission, and those will be discussed here. Several of the issues discussed with the reservation holders involved the City's acquisition of the parcel for park purposes, and did not affect the approval or denial of the subdivision. LOCAL IMPROVEMENT DISTRICT As stated in the previous reports, alley improvements required as part of the subdivision approval may be financed through the formation of a Local Improvement District (LID). The LID would only include those properties benefitted by the improvements -- the parcels within the proposed subdivision. The decision to form an LID would be made by the City Council, and would be based upon information provided by the applicant/property owners of the subdivision. Given certain constraints regarding LID's, specifically involving wage rates for labor, the applicant may find it financially advantageous to finance the improvements privately rather than through the City. However, that decision is up to the applicant's whether they choose to apply to the City Council for financing assistance or not. ALLEY AND STREET DEDICATIONS Concerns were raised by the applicant regarding the width of the dedication for the Fifth Street area of the subdivision. The Staff had recommended that this area be dedicated at a full 70' street width, rather than as a 20' alley. It was our opinion that this area could then be used for head-in public parking along the sides of whatever structures are proposed for this area. The applicant did not disagree with that approach, but requested the flexibility of choosing whether to provide parking in that manner or not. The point was raised that a business could be located on that corner that had a small parking demand, and could accommodate all required parking off the rear alley, and that the on- street parking area could be better utilized as structure or landscaping. And it was reiterated that removing this as a public dedication did not preclude them from using it as parking, should that be the most efficient parking design. Staff concurs with the applicant's request, and believes that the issue of parking design and layout for these lots adjacent to Fifth Street can be addressed further at Site Review. Certain concerns were raised over the request for additional right-of-way along "A" Street. The Public Works Department is requesting an additional 3.5' of dedication the full length of the property. No further dedications beyond this are expected. The applicant's concerns related to additional width dedications. This is no longer an issue. The issue of the cul-de-sac turn around has been reviewed, and Staff now recommends that no cul-de-sac be required. This is due to the reduction in the area proposed for development, and on the alleys being provided, which will allow for truck deliveries to be made to the new parcels, and allow the trucks to re- enter onto "A" Street in a forward manner. This will then allow the trucks to return on "A" Street to Fourth, or out to Oak Street, without having to go through the remainder of the railroad district. The Traffic Safety Commission is also investigating means to control truck traffic, perhaps through the use of truck routes, in thetrailroad district. SUBDIVISION PHASING Staff has recommended a condition in the previous reports that would make the area from Sixth to Eighth Streets only one parcel of the subdivision, and be the area reserved as a park. We believe that by not creating lots or dedicating alleys, certain surveying costs could be reduced. PA92-001 Ashland Planning Department — Staff Report ADDENDUM 111 Donna Andrews/Southern Pacific June 9, 1992 Oak Page 2 The applicant concurs, but also wishes to retain approval for that portion of the subdivision should the funding fall through for purchase of the lands. Staff, then recommends that the subdivision be platted in phases, with Phase I being the area from approximately Fourth to Sixth, and platted as individual lots. The subdivision plat would then indicate the area between Sixth and Eighth Streets as one parcel labeled "Phase II." The City then could purchase this area without having the additional expense of surveying smaller individual lots. The applicant would then also have the assurance of being able to divide the remaining parcels should funding not be available for purchase of this area. IV. Conclusions and Recommendations With the City's acquisition of the area between Sixth and Eighth Streets as a park, many of the concerns involving development of this area are mitigated. The subdivision request also allows for the development of some small parcels for commercial development, while allowing the City the opportunity to acquire the land for a much needed neighborhood park. Staff recommends approval of the application with the following conditions. These conditions have been modified based upon the meetings held with the applicants and on the motion to approve made at last month's meeting. The City Attorney is preparing a document to include as part of the findings and as a condition of approval regarding the City acquisition of the park land area. 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the subdivision be platted as a two-phase subdivision, with Phase I being platted first, including those lots from approximately Fourth to Sixth Streets. The area from Sixth to Eighth Streets shall be indicated as one parcel on the plat and labeled as Phase II. Should the City not acquire the Phase II parcel for park land, the applicant may then file the plat for Phase II, indicating the seven parcels and alleys shown on the submitted tentative plat. 3) That Fifth Street be dedicated to a 20' width across this property, with adequate radius turns to the alleys along the rear of the property. 4) That all alleys approved, as well as the street extension of Fourth Street, be installed and completed prior to signature of the final subdivision survey plat, as required in 18.80.050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by the formation of a local improvement district for all required improvements. PA92-001 Ashland Planning Department -- Staff Report ADDENDUM III Donna Andrews/Southern Pacific June 9, 1992 Page 3 - 5) That a 5' sidewalk be provided along "A' Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3.5' street right-of-way dedication be provided for the full frontage along "A' Street, excepting that portion from Sixth Streets to Eighth Streets as part of the Phase I platting. Should Phase II be platted, then a 3.5' street right of way dedication shall be provided for this section as well. 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. That an easement be provided for the existing power line crossing at Sixth Street, and that the applicants and all future property owners coordinate electrical service with the Ashland Electric Division prior any further development or modifications. 8) That the area near Sixth Street, having a water line providing spring water to this area, be addressed as part of the overall improvements to the subdivision. Further, that the water line serving be located and protected by easement where it is not in the public right-of-way from its source to the subdivision property. 9) That the applicants receive certification from the Oregon Department of Environmental Quality that the property proposed for subdivision is not contaminated, and that future construction or park use of the land can-be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 10) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 11) That the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. And that should a park be included as part of the development, that the alley indicated behind the area to be a neighborhood park be deleted from the subdivision design. 12) That a fence be constructed at the rear of the properties between the alley or rear of the lots and the railroad tracks, restricting access to the railroad tracks for safety purposes. 13) That all future development within the subdivision shall provide recycling areas, in addition to the required trash areas. PA92-001 Ashland Planning Department — Staff Report ADDENDUM_III Donna Andrews/Southern Pacific June 9, 1992 !��� Page 4 14) That the area described as Lots 10,11,12,13,14,15, & 16 on the submitted tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a period not to exceed six months from the filing of the plat for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18.80.020.G.1. Acquisition shall be accomplished in the following manner and be subject to the following terms: a) The property shall be acquired for park purposes and no restrooms or vending structures shall be construced within 175' of the western property line of the park parcel for 15 years. b) Simultaneously with the filing of the plat, developer or developer's assignee shall enter into a binding agreement with the City for the acquisition of the park parcel by the City. The agreement shall provide that the City, or the Parks Commission on behalf of the City, shall deposit 10% of the purchase price in escrow as a down payment, with the balance due within six months of recording of the plat. City shall pay interest at the rate of 10% per annum on the unpaid balance, due when the sale is closed. Down payment to be due and interest to begin when developer or developer's assignee purchases property from current owner or the plat is recorded, whichever date is later. Purchase price for the park parcel shall be determined by the price paid by the developer for the entire property and prorating such price according to acreage involved in the park parcel. The price shall not exceed $188,000. The agreement shall provide for title insurance to City with encumbrances reasonably acceptable to City, sharing of escrow costs, and that the property be free of hazardous substances as defined in ORS 465.200(9). The agreement shall provide that the City shall participate with the developer in a phase two environmental audit with costs shared on a pro rata basis according to acreage. 15) That the area reserved for a public park be indicated as one lot on the final survey plat and labelled as Phase II, including the entire area east of the alley shown extending from Sixth Street, modifying the approval to a two-phase subdivision. No alley dedications shall be required for this area if purchased and developed for park purposes, but shall be required if developed privately for commercial purposes. PA92-001 Ashland Planning Department — Staff Report ADDENDUM III Donna Andrews/Southern Pacific June 9, 1992 �S Page 5 BEFORE THE PLANNING COMMISSION June 9, 1992 IN THE MATTER OF PLANNING ACTION # 92-001, A REQUEST ) FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN ) FINDINGS, APPROXIMATELY 4 ACRE PARCEL LOCATED BETWEEN A STREET ) CONCLUSIONS AND THE SOUTHERN PACIFIC RAILROAD TRACKS. ) AND ORDERS APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD RECITALS: 1) Tax lot 14600 of 391E09BA is located on the north side of "A" Street and is zoned E-1, Employment. 2) The applicant is requesting approval of a 16-lot commercial subdivision. 3) The criteria for approval of a preliminary plat for a subdivision are found in ALUO 18. 80. 4) The Planning Commission, following proper public notice, held Public Hearings on April 14, 1992 and May 12 , 1992, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as modified at the meeting subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an nM" SECTION 2 . CONCLUSORY FINDINGS 2 . 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 . 2 The Planning Commission finds that the request for a subdivision is supported by evidence contained in the whole record, ' and finds that that evidence provides grounds for approval of the application. 2 . 3 The Commission finds that the land is zoned E-1, and that a subdivision is an permitted use . The Commission finds that there are no minimum nor maximum parcel sizes for E-1 parcels, but rather that the lots be capable of supporting commercial development. The Commission finds that the lots proposed are of adequate size to support commercial development as presently exists - in the surrounding area. 2 .4 The Commission finds that the area from Sixth to Eighth Streets is indicated on the City's Open Space Plan map, a portion of the Comprehensive Plan, as a neighborhood park for the Railroad District. The Comprehensive Plan states the following: "Consideration of both existing and proposed (community) park areas reveals that several neighborhoods will be more than one-quarter mile from any park. Four parks are planned to accommodate the remaining neighborhoods that would need parks for casual, pedestrian use. The neighborhoods are the Oak Knoll area, the Guthrie Street area, the Railroad District, and the Wimer Street area. " (emphasis added) Policy 6 of the Open Space element of the Comprehensive Plan states the following: "The City shall adopt an official map that will identify the planned areas for parks, new natural areas, conservation areas, and trails. Where only a portion of the property is required for park of open space use, development can occur on the remainder of the property. When only a small portion of the property is required for public purpose, and the new development will benefit from the public area, dedication may be required. Otherwise, the City will purchase the property, paying fair compensation. When development is possible, if the City does not have the funds available for the intended purchase within a reasonable amount of time, the City shall release the land from the Parks designation and allow the development consistent with other plan policies. " The Planning Commission finds that it is in the interest of the City of Ashland to acquire this identified area as a neighborhood park for the City. Section 18.80. 020 G. of the Subdivision Chapter of the Ashland Land Use Ordinance states the following: "G. Land for public purposes. 1 . The Planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one year, providing the City know of an intention on the part of the State Highway Commission, school district, or other public agency to acquire a portion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition. ,, The Planning Commission makes the following findings in relation to above mentioned ordinance regarding the reservation of lands: 1) The City of Ashland is a public agency desirous of obtaining a portion of this area for public purposes - specifically a neighborhood park. 2) The land for park purposes is identified on the adopted Open Space and Parks Plan of the City of Ashland, and the previously referenced areas of the comprehensive plan indicate an intention to acquire the land for public purpose. 3) on May 13 , 1992 , the Ashland Parks and Recreation Commission unanimously approved the expenditure of approximately $18, 000 for earnest money to enter into an agreement to purchase the identified land between Sixth and Eighth Streets within one year. The Planning Commission finds that this action constitutes reasonable assurance that positive steps will be taken in the reasonable future for park acquisition. Therefore, the Planning Commission finds that it can reserve the land identified on the City's Open Space and Parks Plan map as the area from Sixth to Eighth Streets for purchase as a public neighborhood park. 2 .5 The Planning Commission finds that "A" Street is an improved City street with current traffic flows of approximately 1500 trips per day, as indicated on the traffic counts provided by the City Engineering Division, dated 7/12/88. The Commission finds that if the parking were removed from one side, that there is adequate capacity for further increases in traffic generated by future commercial uses on these parcels. The Commission finds that this parcel is presently vacant, and that the division of the land into smaller parcels, in and of itself, will not increase the traffic levels in the neighborhood. The Commission further states that future development on any of the developed parcels will be required to obtain Site Review approval. At the time of that review, the applicants will be required to provide evidence of adequate capacity for transportation, and the ability of the surrounding streets to accommodate the traffic generated by specific future uses. Further, the Commission finds that the reservation of approximately half of the property for neighborhood park purposes mitigates traffic problems by limiting the total area available for commercial development. The requirement for alleys also provides for service areas for trucks that will allow for deliveries to the properties while allowing the trucks to re-enter onto "A" Street in a forward manner, leaving the area via Fourth Street or Oak Street, without exiting through the other areas of the railroad district. 2 . 6 The Commission finds that the preliminary plat, as modified by the conditions of approval, complies with the standards of ALUO 18 . 80. 2 .7 The Commission finds that the area near the Sixth and A St. intersection does not constitute a wetland due to its size being less than 1/2 acre in size, and it being fed by an off-site water source piped several blocks to this area. SECTION 3 : DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the request for a subdivision, as modified by the conditions of approval contained in these findings, 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 #92-001. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-001 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 subdivision be platted as a two-phase subdivision, with Phase I being platted first, including those lots from approximately Fourth to Sixth Streets. The area from Sixth to Eighth Streets shall be indicated as one parcel on the plat and labeled as Phase II . Should the City not acquire the Phase II parcel for park land, the applicant may then file the plat for Phase II, indicating the seven parcels and alleys shown on the submitted tentative plat. 3) That Fifth Street be dedicated to a 20' width across this property, with adequate radius turns to the alleys along the rear of the property. 4) That all alleys approved, as well as the street extension of Fourth Street, be installed and completed prior to signature of the final subdivision survey plat, as required in 18 .80. 050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by the formation of a local improvement district for all required improvements. 5) That a 5' sidewalk be provided along "A" Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. �g _ Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3 .5' street right-of-way dedication be provided for the full frontage along "A" Street, excepting that portion from Sixth Streets to Eighth Streets as part of the Phase I platting. Should Phase II be platted, then a 3 .5' street right of way dedication shall be provided for this section as well. 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. That an easement be provided for the existing power line crossing at Sixth Street, and that the applicants and all future property owners coordinate electrical service with the Ashland Electric Division prior any further development or modifications. 8) That the area near Sixth Street, having a water line providing spring water to this area, be addressed as part of the overall improvements to the subdivision. Further, that the water line serving be located and protected by easement where it is not in the public right-of-way from its source to the subdivision property. 9) That the applicants receive certification from the Oregon Department of Environmental Quality that the property proposed for subdivision is not contaminated, and that future construction or park use of the land can be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 10) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 11) That the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. And that should a park be included as part of the development, that the alley indicated behind the area to be a neighborhood park be deleted from the subdivision design. 12) That a fence be constructed at the rear of the properties between the alley or rear of the lots and the railroad tracks, restricting access to the railroad tracks for safety purposes. 13) That all future development within the subdivision shall provide recycling areas, in addition to the required trash areas. 14) That the area described as Lots, 10, 11, 12 , 13 , 14, 15, & 16 on the submitted tentative plat, including all alley areas east of the alley extending from Sixth Street, be reserved for a period not to exceed six months from the filing of the plat for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18 . 80. 020.6. 1. Acquisition shall be accomplished in the following manner and be subject to the following terms: 30 .1 a) The property shall be acquired for park purposes and no restrooms or vending structures shall be construced within 175' of the western property line of the park parcel for 15 years. b) Simultaneously with the filing of the plat, developer or developer's assignee shall enter into a binding agreement with the City for the acquisition of the park parcel by the City. The agreement shall provide that the City, or the Parks Commission on behalf of the City, shall deposit 10% of the purchase price in escrow as a down= payment, with the balance due within six months of recording of the plat. City shall pay interest at the rate of 10% per annum on the unpaid balance, due when the sale is closed. Down payment to be due and interest to begin when developer or developer's assignee purchases property from current owner or the plat is recorded, whichever date is later. Purchase price for the park parcel shall be determined by the price paid by the developer for the entire property and prorating such price according to acreage involved in the park parcel. The price shall not exceed $188, 000. The agreement shall provide for title insurance to City with encumbrances reasonably acceptable to City, sharing of escrow costs, and that the property be free of hazardous substances as defined in ORS 465.200 (9) . The agreement shall provide that the City shall participate with the developer in a phase two environmental audit with costs shared on a pro rata basis according to acreage. 15) That the area reserved for a public park be indicated as one lot on the final survey plat and labelled as Phase II, including the entire area east of the alley shown extending from Sixth Street, modifying the approval to a two-phase subdivision. No alley dedications shall be required for this area if purchased and developed for park purposes, but shall be required if developed privately for commercial purposes. Planning Commission Approval Date 31 Mayor and City Council City of Ashland Ashland, Oregon 97520 May 15, 1992 Honorable Mayor and Councilors: As a member and spokesman for the Railroad District Association, I attended two Planning Commission meetings in regards to Planning Action 92-001, (April 14 and May 12) . This was my first experience with what I feel is a major planning issue (A street development) and I was excited to see the process in action. I felt Planning staff was very thorough in compiling the concerns of the neighborhood before the commission's April 14th meeting, (Staff report April 12) . lie arrived early to the Council Chambers, many of us hopeful of resolving the park acquisition issue on April 14. Many concerns were raised by several neighbors, everyone had a chance to speak their mind and finish their presentation. Chairman Benson and the Commissioners seemed alert and attentive, asking intelligent and logical questions. The neighborhood had many questions regarding the protection and preservation of the Rail- road Addition from such a large commercial development. Since there were many unanswered questions (traffic, history, wetlands, open space) , it was the consensus of the commission to postpone a decision and collect more input. At that time, our Neighborhood Association formed sub-committees to investigate the issues in question. We held steering committee meetings to discuss all the information from the subcommittees and formulate plans for open space, (size, location, acquisition , and finance) . Separate from open space issues and equally important concerns are the intrusion of traffic intense commercial development into an.area intended for residential use, and allowing no viable outlet for such traffic. Some of Staff's recommended solutions we feel could potentially increase traffic problems in this area, rather than alleviate them. A Town Meeting was scheduled at the VFW Hall May 7, and after the presentation of collected information was discussed thoroughly, in regards to park size, it was the. consensus of our group that we have a park from 5 th Street to 8 th Street and commercial development fron-4 th to- 5 th. We felt this size would mitigate most of the potential traffic problems, and give us enough room to honor and commemorate Ashland's history, have room for a children's play area, wet land water feature, and give all of us a chance to enjoy one of the most commanding and beautiful views in the Bear Creek Valley. To say the least, we had done our homework and felt we were ready to give intelligent and thoughtful testimony. Arriving early for the May 12 Planning Commission meeting, I was excited about giving my testimony on the neighborhood traffic concerns. My first . observation was that we had several new members on the. Commission (Thompson, Cloer, Armitage) and that M. Bingham was absent. First order of business was election of Chairman, Barbara Jarvis. was nominated and elected Chair without opposition. The meeting continued with a Staff report that was added to testimony that had accumulated to immpressive. proportions. This new and yet unsigned Park proposal seemed to take prece= dence over all other issues we felt needed to be addressed. My particular testimony was interrupted.several times by Planning Chairperson Jarvis, constraining and restricting my report on potential traffic problems. Jarvis seemed to be interested much more in her watch than my testimony. I felt testimony on the traffic problem had not been addressed fully at the first meeting and felt Staff had insufficient data on traffic flow in the Railroad Addition on which they based their conclusions. My testimony was cut short, no questions were asked and I returned to my seat. 3� All other testimony was limited to, five minutes each, with the Chairperson marking time and giving them their last minute warnings. She even limited the Planning liaison from the Historic Commission (T. Skibby) to five minutes. The meeting was closed to public testimony and a discussion on park size ensued. Soon after the conclusion being that a park from 6th to 8th and not including the 'headwarers of the wet lands was of sufficient size for the Railroad District. This was voted on unanimously At this point B. Thompson made a motion for approval with conditions attached, he referred to them by numbers that we had no reference to. At this point I got the = distinct feeling that this was a done deal before the meeting even started. The rushed testimony, the motion without proper discussion, it all seemed to abrupt when you consider the magnitude of the development and it's poten- tial impact on the Railroad Addition. Very little discussion of our concerns, other that the park were even mentioned, let alone discussed. The ensuing vote for approval was five in favor, one against and one abstention. One would think Commission:members':not present+ at:the;:earlier=meetingr might need further discussion, but that was not to be. Staff's comment was that this Planning Action was an "outright permitted use" and should be approved. Our council feels it is an outright use only when all areas of the Subdivision Ordinance (18.80) have been addressed properly and only then is it an "outright permitted use" . We feel as a group this has not been done to legal satisfaction. After reviewing the .video tapes of both meetings (over six hours) , it becomes obvious that a Chairperson with the proper demeanor and diplomacy is imperative if we as a city are to include citizen participation in the planning process. It is also my feeling we have lost a Chairperson (N. Benson) who acted as a mediator between conflicting groups and we have gained a Chairperson more interested in expediting the meeting than weighing the issues. If I may quote Barbara Jarvis at the end of the May 12 Planning Commission meeting, "It seemed to go as quickly as possible". This statement indicates to me a philosophy on the Planning Commission that is alienating to the citizenry and fosters a feeling of "suspicion of government" and a "resistance to change" quotes by the Planning Director John Fregonese in the Ashland Daily Tidings, referring to the Railroad District. I would hope in future planning actions the Chairperson of the Planning Commission could show a little more sensitivity and patience. We should take great care in the preserving. of what we have in this beautiful city, I feel a Comprehensive Plan with citizen participation is an important part of that process. Thank you for your patience, Respectful1 James D. Lewis 640 "A" Street Ashland, Or 97520 482-1173 33 ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 • OE ASH °'•. PARK COMMISSIONERS: t+ 4'f. KENNETH J. MICKELSEN V O Director PATRICIA ADAMS z t ALLEN A. ALSING TERI COPPEDGE OREGON,: THOMAS W.PYLE ,. WES L. REYNOLDS May 12 , 1992 Planning Commission CITY OF ASHLAND Dear Planning Commissioners : The Ashland Parks and Recreation Commission believes that it is imperative to continue Ashland' s legacy of preserving land for public parks, now and into the future. The Commission is committed to working with citizens to acquire land for park purposes . In 1990 , Ashland residents voted to approve a plan for open space and park purposes which included preserving a site for a neighborhood park in the Railroad District . There is only a minimal amount of vacant land remaining in the Railroad District that is suitable for a neighborhood park. Because action needs to be taken immediately to secure the Railroad District land for a park rather than for the proposed commercial development ,. the Commission has authorized the expenditure of $18, 666 as earnest money for the property on the north side of "A" Street between 6th and 8th Streets . Sincerely, Patricia Adams , Chair ASHLAND PARKS AND RECREATION COMMISSION ' City of Ashland Planning Exhibit EXHIBIT VI •I_ PA X -7.-00 PA;ab o✓t E C -t__8T�er �OPER�RAILROAD,92 Home of Famous Lithia Park N� a 4 CL CL IN NO la X s m j d . t ♦ �,,� i ` l I` OAR r. Y I j m m ZZ 3 , S D N� z. F In O 1..1 z Gl� 1 Lille t U ) � O a. !' o f I .�. I =Q� `tP� Cjvr j L l`ewrS (,qo )q Street _1 w v Pa� � ��irGei� -bW 198 �r�tree . c7-1 'Fee(., t1� hest 6c Y us �roblem is fx �n�arJc � L Par L taa�uA t r✓iv r� se�rt se 5 - 6f rt 6t- w l -� -t 1 c.c v U -� „ tb C rrJ vn u e,) &0 -Ei . u r d c4rrne loc c� City of Ashland Planni^ng Exhibit Enxeir V PAM Z_�_ onre gtxFF 3? �\\\S Acs \1'(2-51 �Q- pu1`C1 /t\ lJf� C-orr.) P1a� a �a arto� �� �� � ( ,C- Qse o� P s tee. J U L G cue- c�C.C¢.SSr O JO�� Et7 yv`OJC��ta�N T'e-. 5 A51��aN�, d q 7 szo City of Ashland Plannlnq Exhlb(t EKMat (2 PA M Z—Et, DAM tAtf 38 City of Ashland Planning Exhibit EXH161T J • 13 PAN %2_-a� ._{__t� MDAtE S1A/1' a —n i rc- U 2 a"' S o haOL 6�- ( M tvrn2 We y t,u o k ( 002- �uAJP G� Park Uy1 A 67 e r) U el -Fun �p �a c2 39 c.- `� ('I I i WoOLv,) 1�)j 14T- Tl�l� I �"�l 1'J t71 � GitiC 6V� SL�(/L�j v I Al; - VI) City of Ashland Ptxn01n6 Exhibit F. -- PA8 5 yo City of Ashland Planning Exhibit RAILROAD DISTRICT NEIGHBORHOOD ASCnrT A rP TnTT Jlli.IH 1 1'V 1V STEERING COMMITTEE MEETING MAY 10 , 1992 Present : Betty Camner , Betsy Anderson, Debra Barchard, Bill Emerson, Dan Helier , Ellen Downes , Jim Lewis , Ruth Miller Jim reported that SP has offered to redraw the lots on the subdivision plan showing one lot from 6th to 8th Stre=ts which it will allow to be reserved for 12 months for the park with a down payment of $18 , 600 , which will be provided by Parks and Recreation on the assumption that the proposed initiative will be successful and will make full funding available . As a result of the above , it is the consensus of the group that the Asso. iation will support the subdivision with . the following modifications to the conditions in the Planning Department staff --o: 1 . Lil= arc's'-gniated fcr pa_'- wi it be zeserved for lip to -- months . The minimum size of the lot will be from the we9tern-most Side of the 6th St . dedications to the the r3rCe1 . 2 . Traffic study regarding heavy trucks to be conUucted by the Traffic Safety Commission. We are opposed to a cull -de-sac ; believe a truck route is a more satisfactory solution . 3 . 5th St . parking should be head-in, rather than diagonal to allow movement in either direction when backing out of parking place . 4 . Improvements in this condition should refer only to the commercial development area of the subdivision; the LID created tc pay for them must be only the commercial property owners . 5 and 6 . Sidewalr , street trees . and 3 . 5 ' right-of-way dedication apply only to the commercial development , not the park . Sidewalks , trees , etc . will be decided as Parks Dept . develops the site. 7 . Redundant , see 3 above . 8 . Request clarification of easements as they apply to the park area . 9 . Water line area will be part of the park development . IT IS VERY IMPORTANT THAT THE FULL EXTENT OF THIS PIPE BE LOCATED FROM ITS SOURCE TO ITS TERMINUS AT 6TH STREET AND NECESSARY EASEMENTS TO PROTECT ACCESS TO IT BE ESTABLISHED. 10 . Support the DEQ certification requirement for this parcel ; urge that all SP parcels sold in the future have this condition . 11 . No further comment . 12 . if the ally behii7nd lot #1 is de! �ta:i, where will parking for that development_ be locate[:' 13 . In order .to leave the viewshed undisturbed, consideration to the type and height of the fence between the properties and the railroad tracks should be given. 14 . No further comment . As agreed at the Association meeting on May 7 , the following topics will be specifically addressed by those people named, giving consideration to parkland being set aside frog 6tL to 8th. traffic . . . . . . . . . . . . . . . Jig; Lewis 3i5tOty . . Terry Ski'JD beq wetlands . . . . . . . . . . . . . . Jim Haig, Neighborhood impact . . . . . . .Tom Phillips Cul -de-sac , bike path . . . . . . . . Bill Emerson -ownes wi . l present an alternate point of view regarding the inappropriateness of this subdivision as planned for this area ana r---asons that it should be denied or the decision postponed . There was also discussion regarding how additional parkland might be acquired, specifically 5th to 6th. It was noted that the larger the park, the greater the mitigation of the impact on the RR Dist of development of this parcel . YA May.12, 1992 City of Ashland Planning ExhiUit Ex�ert�• L .City Council City of.Ashland, Oregon Re: Subdivision "A" Street Donna Andrews/Southern Pacific Railroad Member's of the City Council, I respectfully submit this statement concerning the proposed subdivision of the Railroad District property on 'A' Street and sincerely regret not being able to be at your Tuesday, May 12th meeting to deliver this statement'in person. I have been approached by Donna Andrews as the prospective architectural fat A,FDRn w designerAof the proposed project�should the subdivision be approved, and feel that I should express to you my experience, views and concerns regarding the matter before you. First, my interest in this issue is more than just professional. As of March of next year, I, my wife (a native Oregonian) and nine month old son will become residents of Ashland, having recently purchased a small cottage on Third Street in the Railroad District. After a long search for a place to move and raise a family, we settled on Ashland because of the unique quality of life and charm that has undoubtedly brought most of you to this city. As future neighbors.to this development, we have a strong interest in the outcome of this project.r . his project,' ' I felt it important to introduce' As& potential designer o myself to the community and assure you of my strong commitment to working through to a responsible design. My experience in architecture has been predominately in the remodeling and renovation of a full range-of traditional and historic San Francisco Bay Area architectural styles, styles not unlike those of Ashland. I appreciate their character and the strong sense of place that they create. My community involvement helps me to understand the fears and concerns of the neighbors. I too have been in the position of questioning and fighting for my neighborhood's rights on various occasions. I, as well as Donna, share and respect the community's concerns regarding the need for a park, the potential increase in traffic, and the-necessity for the ys hIRY 12 1S2 12:11 JRRVIS ARCHITECTS (415)654 3424 F.3i3 development to meet the significant historic nature of the site and the district. We must realize that without design drawings we are dealing with hypothetical ideas that can, for some people, conjure negative images of `condos', and insensitive, aesthetically unpleasing designs. These are legitimate concerns and I applaud the neighbors and the city for vocalizing and addressing these issues. it is just such a process that can insure a livable and attractive urban environment. Donna has repeatedly expressed to me, and I believe to you, her commitment to working with the Planning Commission, the Historic Commission, and the community to assure that a sensitive design is achieved, Indeed, the city's Zoning and Site Review Ordinances, and the Historic Commission's Guidelines, if we are to trust the process, will assure this. Planning Staff can propose guidelines to this development which should address the intimate relationship between the commercial and the residential through building scale and massing, materials, detailing, colors, landscaping, traffic controls, pedestrian accessibility, and view corridors. The Historic Commission's Guidelines and ft's approval or disapproval of a proposed design will assure that a historically sensitive design is achieved. This is a unique opportunity to provide the City with a development that provides for a Railroad District Park as originally envisioned in the City's Master Plan and as desired by the neighbors, and a development that could enhance the vitality of this small district. As a future resident of Ashland, and Railroad District home owner, I strongly urge you to approve this subdivision and let this process unfold. Let us trust the system to insure that the needs of the community at large are met. These are words, sincere words. Should you vote to approve this subdivision, I look forward to the discussion that will most assuredly arise when these words and ideas, and those of others, are translated into designs for all to see and critique. Sincerely, rome White 509 Pierce Street #3 San Francisco, California 94117 ASHLAND PLANNING COMMISSION REGULAR MEETING MAY 12, 1992 MINUTES CALL TO ORDER The meeting was called to order by Vice Chairman Brent Thompson. Others present were Carr, Armitage, Thompson, Jarvis, Cloer, Powell, Hibbert and Medinger. Staff present were Fregonese, McLaughlin and Yates. ELECTION OF OFFICERS Brent Thompson nominated Barbara Jarvis for Chairperson. Hibbert seconded the nomination and it was carried unanimously. Jim Hibbert nominated Brent Thompson and Barbara Jarvis nominated Jenifer Carr for Vice Chairperson. Thompson was elected through a closed ballot. Larry Medinger nominated Jenifer Carr for Second Vice Chairperson. Jim Hibbert seconded the nomination and it was carried unanimously. MINUTES Carr moved to approve the Minutes of the April 14, 1992 Regular.Meeting, Hibbert seconded and the Minutes were approved. The Findings from the April 14, 1992 meeting will be approved at the May 13, 1992 meeting. PUBLIC FORUM No one came forth to speak. TYPE 11 PLANNING ACTION PLANNING ACTION 92-001 REQUEST FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN APPROXIMATELY FOUR ACRE PARCEL LOCATED BETWEEN A STREET AND SOUTHERN PACIFIC RAILROAD TRACKS. APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD Jarvis reviewed the procedures for a hearing. Report of Exparte Contacts and Site Visits Carr made a site visit and is still concerned with the Golden Spike. Armitage made a site visit but did not review the tapes of the April meeting. Thompson made a site visit and noticed the cement pillars. Cloer did not make a site visit. He spoke with Debbie Miller and she was concerned that the residents of the railroad district had not had sufficient time to work on their LID and Cloer's conclusion from the conversation were that her concerns were worthy of being addressed. Hibbert received the letter from Alan Sandler that is also included in the packet. Powell made a site visit and had a conversation with a man on the site and they viewed some maps that he had and compared them to the site in the area of the Golden Spike. They also looked at the ditch and wetlands area. Medinger made a site visit. Jarvis said Virginia Cotton called and Jarvis refused to speak with her about this planning action. Jarvis walked the site and noticed the water in the ditch and there was water in the ditch across the property. Powell also noticed the water. STAFF REPORT McLaughlin pointed out Staff Report Addendum II that was handed out at this meeting regarding some issues with the Parks Commission. KEN MICKELSON, Parks and Recreation Director, 340 S. Pioneer, submitted a letter from the Parks Commission for the record, supporting reserving land on the north side of A Street between Sixth and Eighth Streets and authorizing $18,666 as earnest money. (Exhibit M-4) McLaughlin reported from the Staff Report Addendum II that several meetings have been held since the writing of Addendum I, working towards an agreement regarding the parkland areas. The applicant is agreeable to the City reserving the area between Sixth and Eighth Streets as a park, although with certain concerns. The Parks ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES MAY 12, 1992 Commission is looking for the Planning.Commission to attach a Condition under the Subdivision about the park so their money can go forward with some security that the City is heading toward that acquisition. The City Attorney has also been involved in these meetings and has reviewed this information and he recommends to the Commission that the earnest money would constitute the substantial assur8nce that funding will be available in a year. A Finding can be met for the Commission to reserve the area between Sixth and Eighth as a public park for acquisition. Staff recommends the Commission go forward and have attached a Condition (Condition 14 on Addendum ll). Staff Exhibit 4 (S-4) is the map shown that is covered with whiteout, showing the modification, making the remainder of the property one lot, widening the Fifth Street right-of-way dedication, and eliminating the alley on Lot 1. The location of the Golden Spike is shown on Exhibit S-5 which is a 1914 survey map of the railroad yard. The Engineering Department has pinpointed the location of the Golden Spike. It is in line with the current tracks. The water issue has been addressed in the Staff Report. The City acquired the rights to the spring many years ago and is using it to augment the flows of Ashland Creek. The water comes out near Water Street parking lots and dumps into Ashland Creek at that point. It is prudent water management at this time to use this spring water in this manner. A Master Plan (Exhibit P-4) has been submitted by the applicant. The plan shows a street network-that will ultimately connect throughout the remainder of the SP property on the other side of the tracks and provide connections to Williamson Way, through the Mahar development, and out Oak Street to New.Street. It. includes a Fourth Street crossing. The Parks Department would like to leave the door open for a possible future park on the other side of the railroad tracks. They feel that the problems mentioned in the Staff Report could be overcome and this area could be an appropriate park. Overall, Staff believes the master plan shows how the area can reasonably develop a train station in the event rail use is resumed at this location. Staff would recommend, that in order to address traffic along the street and getting traffic out of the area, to locate a cul-de-sac on the end of Eighth and A Streets. That is indicated on map (S-4). Staff is recommending approval of the Subdivision with the reservation of half of the land for a City park and further with the two Conditions proposed on Addendum II (Conditions 14 and 15) and a modification of Condition 7 which deletes specific ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES MAY 12, 1992 requirements for easements and leaves those with some discretion to the Engineering Division. Fregonese_stated that there are a number of issues that need to be discussed with the applicant due to the size of the reservation. He requested that at the conclusion of the meeting, the record be left open with regard to public right-of-way, dedication and public improvements and when the Findings are brought forth at the next meeting, additional testimony could be accepted regarding right-of-way dedication and public improvements. Because of the park, some the requirements for some right-of-way dedications may not be required. Powell wondered why the alley was deleted on the map (S-4) and McLaughlin explained that the alley does not go anywhere. The owner could develop on their own property if they wished access. Fregonese said that the cul-de-sac may not be required due the reduction of commercial development in the area. Medinger wondered if anyone knows where the spring water line is located and Fregonese said a Condition could be added that the line be identified and if it is on private property, that it be relocated or-an easement granted. Medinger thought that in future years a water febture could be added in the park using this water. The cul=de-sac will be reviewed as part of the public improvements and discussed next month. PUBLIC HEARING DONNA ANDREWS, Avery Properties, representing Southern Pacific, presented a master plan, in concept only. Andrews wanted clarification of the term 'reserve° under Conclusions and Recommendations - #14. Fregonese said "reserved" is defined under ALUO 18.80.020 G1. Andrews requested that the Commission look at the proposal and accept it as Staff.has recommended. She still needs to get together with the reservation holders as a group and discuss what it means to transfer reservations and the legalities of relinquishing'a reservation. It seems though that a resolution is close. Medinger asked if SP has indicated any interest in preservation of the Golden Spike. Andrews responded that SP is aware of the Golden Spike but has not talked about a donation; however, suggested that the neighborhood or community send a letter to SP with their concerns and suggestions. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES MAY 12,1992 Powell queried about the origination of the master plan map and Andrews said that it was developed locally and a copy sent to SP. DUANE SMITH, 208 Harrison, is a reservation holder on seven of the lots and agrees with having a park.. It seems that now Smith will end with two lots, instead of seven. There will have to be a process worked out where ownership can be transferred with Sandler. He is willing to work toward a park from Sixth to Eighth Streets. He has to have some concessions that will work for him. Smith feels everyone wants to see-this work. Smith is aware that there are significant contaminants across the railroad tracks and SP has agreed to clean it up. There is a Condition of approval (#9) and that should suffice. Fregonese explained that there are varying points of view by many attorneys regarding the subdivision and the acquisition of a park that could take years of litigation to settle. The point is that there is a voluntary agreement that is trying to be worked out. A sale cannot be forced because the City cannot cause condemnation. Fregonese said the City Attorney has advised Staff that the land can be reserved for a park. McLaughlin read a letter into the record from Jerome White favoring the proposal (Exhibit P-6). A letter was received from Alan Sandler (Exhibit P-5). JIM LEWIS, 640 A Street, reported that much has happened since the last meeting. The neighborhood group has joined together in a railroad district neighborhood association with a voting membership and a steering committee. Their focus since the last meeting has been to research all the issues raised at the meeting. The group believes the wetland is well over half an acre and is interconnected and moves down below the track and that it would come under the designation of the Division of State Lands. . Lewis submitted Exhibit 0-8, minutes of their last steering committee meeting. In showing the map of the area, Lewis felt the street dedications were platted in 1884 for residential considerations. The natural traffic flow is north-south, not east-west. A Street has a 40 foot right-of-way and was not intended for some of the purposes that are going to be put upon it. . A Street was intended for train service, Fourth and Spring were intended for freight traffic, and the numbered streets were intended for residential use. This is a historical subdivision and for 100 years it has been one of the nicer planned areas because of the streets, sidewalks, and alleys. It is a unique and historic area that has remained in tact and the neighbors feel it should be preserved. At present, there is an increase in proposed.retail in the area from the Grange to the west.- The neighbors feel the zoning will be more retail with higher traffic than used for light manufacturing which would create less traffic. The result will be a high future ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES MAY 12, 1992 y9 concentration of non-work related vehicular traffic and the area most sensitive is to the east of the Grange. There is no outlet in this area unless the traffic is forced through a residential area. There is a problem with the cul-de-sac as every vehicle would have to take a loop and come back down A Street, thus doubling the traffic in an already sensitive-area on an undersized street that cannot handle the traffic. Lewis believes there is inadequate traffic flow data at this time. In looking at the master plan, the size of the park mitigates any problem with high density and high vehicular use. The group also feels the grade crossing at Fourth Street is important and gives an avenue of- departure from the area. Lewis said that without a park in this plan and a substantial park along A Street, this plan cannot stand alone. Without a park, the history, the wetlands, and the open space would be lost. In 18.80, existing streets for access -- this has not yet been proven. Lewis is representing a group that feels that a larger park would be more appropriate and recognize that Parks Commission has come up with money for open space. Lewis' group is willing to form a land trust and try to acquire reservations for Lots 6 through 9, the area from Fifth through Sixth and hold the property until financing from the City comes forth. (Map - Exhibit 0-9) BILL EMERSON, 90 Fifth Street; agreed with all of Lewis' comments. The cul-de-sac seems to be a quick fix when the subdivision was proposed. He reiterated the need for a traffic study and their group has an appointment with Traffic Safety to discuss this issue. A traffic problem already exists with trucks being the main problem in this area. Businesses in the area understand a need for a truck route. It appears that the City is expecting traffic to flow down A Street and turn around in the cul-de-sac and return down A Street and not take other streets. Emerson would like to see a bike path reviewed with a portion of the path to follow the railroad tracks and an easement near the Grange onto A Street. It might be feasible to look at a bike path in the area of the alley on Lot 1. With regard for park parking, Emerson checked a park off Walker Avenue that was similar in size to the proposed park for the railroad district. Emerson did not see a need for additional parking for the park in the railroad district because so many people walk in that area. If there should be parking required, it should not include the land from Sixth to Eighth because that is already small enough.. The railroad district association does not want to see an LID be part of the neighbors responsibility. They don't want to pay for someone else's commercial venture. (Referred to Page 8 of the Staff Report, #4.) ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES MAY 12, 1992 Emerson would also like to see an easement for the spring water line. He traced the line by the Rogue Credit Union, down Fourth and going along the properties adjacent to A Street and coming out at the ditch on Sixth Street. He would like to see a water amenity in a park. He submitted a map as Exhibit 0-10. Medinger asked Emerson to elaborate on the bike path. Emerson said there is a route that goes along the tracks between East Main and Highway 66 that was proposed as a possible bike path. Potentially there could be a bike route all the way through the City along the track and an excellent way to bypass heavy traffic. He submitted a map showing bike routes (0-11). Medinger asked Emerson about the truck route and Emerson stated that the consensus of the neighbors would be that a truck route would run down Fourth Street and out A Street to Oak Street. A Street would benefit by being widened as it is unsafe now. Fourth Street already has a large portion of retail businesses. Perhaps there should be an easement on the property on A to alleviate the sharp turn. TERRY SKIBBY, 611 Beach Street, Chairman of Ashland Historic Commission entered transcripts from the Tidings (Exhibit M-5) into the record and these transcripts discuss the location of the Golden Spike. Skibby believes the proposed cul-de-sac would be inappropriate-because of the Golden Spike location. In further research, he found that Lindsay Applegate owned this property in 1863 and sold it to the railroad in 1883. Applegate was prominent in Oregon history. He and his brother Jessie helped blaze the Applegate Trail. The article regarding Applegate was submitted as Exhibit M-6. Skibby.believes the park should be in this area because of the historic significance of the Golden Spike and Lindsay Applegate. ELLEN DOWNS, 266 Fifth Street, stated she believed the subdivision is totally inappropriate with trading off of lots. This area is of critical historical significance and also felt the area should be nominated to the Historic Register and should be developed accordingly. There are number of issues that concern Downs such as short-term vision, urgency to approve, a number of opinions on traffic, the cul-de-sac, etc. She believes it is possible that the whole area could be purchased for a park. DAN HELLER, 872 B Street, would like to see the Planning Commission deny the subdivision proposal and consider negotiating with SP to purchase the whole piece of property through an LID or grant similar to what the City is doing in expanding the . airport. There are not that many opportunities to appropriate land in the City. TOM PHILLIPS, 60 Fifth Street, addressed the size of parks and play areas in Ashland. In his research, over half the parks are under four acres in size. Seven of the 12 ASHLAND PLANNING COMMISSION - 7 REGULAR MEETING MINUTES MAY 12, 1992 parks total 11 1/2 acres. Five parks make up the remaining 160 plus acres. What is the appropriate size park for the neighborhood? There is a large population wanting to use a park. The actual open space within a park is limited once play areas, etc. are set aside. The proposed railroad park is approximately one and one-half acres, once developed, some area could be lost. Phillips mentioned.the importance of a park versus development. In the last few years, lots of.people have been moving to the railroad district because it still feels like a neighborhood. Much money has been going into the property for restoration of homes and this means there is something there to hang onto. Phillips would like to encourage the Planning Commission to recommend a park and a park of reasonable size for the population. DEBBIE MILLER, 160 Normal Street, congratulated the neighborhood group on staying with the Comp Plan and their effectiveness of bringing in various aspects of this important issue. She reminded the Planning Commission that they do work under the Comp Plan and that requires adequate parks and open space. She asked everyone to help this group. The Historic and Parks Commissions have demonstrated their concern for a park. She is amazed that SP has done nothing because of the historic value of this area and feels that the citizens of Ashland need to make the commemoration of the Golden Spike happen. Traffic and other public safety problems need to be addressed. Miller asked that the parcel be reserved for a year while the neighbors and community members will raise the funds for a park for this parcel. If this property is lost to structures, everyone all lose; the visual, historical aspect, the integral part of the neighborhood. BUCK SMITH, 2200 Lupine, is not representing a group specifically. He was identified with the Southern Oregon Land Conservancy in helping to acquire 110 acres on Mt. Ashland. That effort came about because of cooperative efforts on the part many groups and individuals. He noticed in the Staff Report and in the early stages a total cooperative effort that makes this community what it is. There needs to be a balance between development and open space. He encouraged the Commissioners to walk the site and the area between Sixth and Eighth Streets and take note of a fine view. He would like to look at this piece that is flat and historical as future.potential for the entire community. He would be glad to join forces with the neighbors and others to achieve this park with the hope for a much larger view of what could happen in the area. On behalf of the SOLC, they would provide every possible widening out to the larger community and the Rogue Valley. ZELPHA HUTTON, 59 Sixth Street, said with a truck turnaround 100 feet in diameter, it ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES MAY 12, 1992 would eat up the whole end of Eighth. Then the park becomes much smaller. Hutton referred to Policy 1, preservation of historic sites, and in Policy 9, City should encourage traditional uses of historic resources. She read about some of the events surrounding the driving of the Golden Spike and wondered if this would be allowed to be lost to a truck turnaround. MIKE UHTOFF, 633 Roca, represents Southern Oregon Land Conservancy and they would like to work on some kind of funding mechanism for a park for whatever area would be included. JIM DUNCAN, 692 B Street, supports the tenor of all the information put forth previously and would urge the Commission to deny this subdivision as it presently stands despite the agreement that has been reached to reserve land for a park. He believes this is not an adequate size for the park and would like to see the whole area reserved for a park. He asked that some leadership be shown and look ahead to the future and be creative in finding ways that the City can acquire the land and turn it into a park. CHUCK MCKEREGHAN, 77 Sixth Street, recommended denial of the subdivision. The historical implications of the site cannot be overstressed. He is extremely disappointed that SP has done nothing; they have yet to appear. He appreciated the Parks Commission stepping forward and said the neighbors are taking action as best as possible and they will continue. He would like to work possibly work with Parks Department, and under the letterhead of the City to contact SP and others to gain attention on this issue. He recommended the Commission deny the action and move to rapidly to try and reach an agreement from SP to procure title to the area between Fourth to Eighth Streets. JIM HEIM, 256 Sixth Street, questioned how the wetlands issue was handled by the City. Fregonese said Staff contacted Division of State Lands, who stated it was their policy that manmade wetlands under one-half acre were not under their jurisdiction. When asked how it would be determined if it was manmade, DSL said to send photographs and a determination would have to be made. No photos were sent. Heim spoke with Emily Ross at DSL and she said there was no limit on the size of a wetland. According to the Corps of Engineers, there are three conditions--soil, plants and water that determine a wetland and even with the water shut off, there is water moving in that area and that would classify it as a wetland. According to Fish and Wildlife, it would be a food producing environment. Heim believes it is .a wetland and more information and attention are needed to address this issue. McLaughlin read letters favoring a park from: ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES MAY 12, 1992 S3 _ MATTHEW SMALL, 916 E. Main (Exhibit 0-11) CHERYL LEWIS, 640 A Street. (Exhibit 0-12) JAY TREIGER, 366 E. Hersey (Exhibit 0-13) NATHAN LEWIS, 640 A Street (Exhibit 0-14). DONNA ANDREWS rebutted that the land is currently zoned E-1 and the subdivision meets the criteria established by the City. With the cooperation of the reservation holders, pending final negotiations, the neighbors can have a compromise plan with a park from Sixth to Eighth Streets. She would urge Commission approval. COMMISSIONER DISCUSSION AND MOTION Jarvis asked and Fregonese confirmed that unless the area from Sixth to Eighth Streets is included in the proposal, the offer from the Parks Department does not abide. Cloer commented that Mickelson has told him that the Parks Commission would prefer to have the whole frontage from Oak Street to Eighth. There has been muddied leadership for establishing parks in Ashland. Cloer noted that Medinger asked for appropriate park size for a residential area of this size. It is unfortunate there has been no planning of the proposed park area in terms of amenities. He was willing to go along with the what is feasible to acquire at this time, but within the year would like to look at what is an appropriate park for the railroad district. Carr wanted everyone to understand that the money put up by.the Parks Commission is non-refundable. It is good for one year. The only condition under which the money would be refunded would be if the property were to be found environmentally undevelopable. Armitage believed the historical significance is the biggest issue and would make a difference in the size of a park. Thompson felt comfortable with the two acre park and then add to that, if possible. Medinger said that since the Commission is tied to the land from Sixth to Eighth, that he would be glad to join the campaign to raise money for a park, as a private citizen. Powell wondered about using some creativity in the lots and turn them and place them on Fourth Street. Where would the railroad station be located? Carr asked if the old Condition 2 in the April 14, 1992 Staff Report be placed under the ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES MAY 12, 1992 Sly new Conditions. McLaughlin said Condition 14 takes the place of Condition 2. He also said the Conditions are as outlined in Staff Report Addendum I, May 12, 1992. Those 13 Conditions have been recommended. Then in Staff Report Addendum II there are Conditions 14 and 15 and a modification of 7. Carr moved.to approve Conditions 14 and 15 in Addendum II. Thompson seconded the motion and it carried with Powell voting "no" and Armitage abstaining. Thompson moved to approve PA92-001 with the attached 15 Conditions, 14 and 15 which have already been approved and with the modifications of Condition 2 regarding possible or probable deletion of the cul-de-sac and that this be done in the Findings. Modify Condition 6 that an additional right-of-way may not be needed for the entire length of the street. Modify Condition 7 as suggested by Staff. Modification of Condition 12 that a fence be properly engineered so that certain portions may not meet along the rear portion of the property (this is an option). Add to Condition 8 that an easement on the spring water pipe should be located and protected. Thompson agreed that it will be beneficial for Staff to get together with the parties involved to work out the details (leave the record open). Carr seconded the motion. Medinger views this park area as a passive neighborhood park and that no special parking would be needed. He would like to see some movement toward looking at truck routes, not necessarily tied to this approval. He would like to see a bike path reserved. The alley size that was reserved would be wide enough,for a standard bike path alongside and an easement along the rear of the property where there is no public alley. He is disappointed that no data has been given for the appropriate size of the park. He thought it would be fitting to look at the area where the water leads as a future park. Cloer felt it would be an undue burden to ask residents of the railroad district to pay for a park for future generations for Ashland. He would hope there would be some way to have more city participation. The railroad district is not a wealthy residential area. Hibbert agreed with Medinger but thought there should be some parking. He asked that the truck traffic be dealt with as best as possible and researched. He favored a bike path, however, Lot 1 would be a dead end because of a chain link fence. Powell sees traffic problems because the street is too narrow. She can see problems even without truck traffic. She thinks more attention ought to be paid to the area's historical significance. Armitage has served on Traffic Safety and told the Commission they will not get a ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES MAY 12, 1992 truck route. In the railroad district, they cannot make trucks go one way or the other. He felt there were still certain unanswered questions laid out by the Historic Commission. The motion carried with Powell voting "no" and Armitage abstaining. OTHER Staff presented a request from the County for comments regarding a Conditional Use Permit for aggregate removal located 2 miles north of Nevada Street. The area would be visible from the City. The application has been denied previously because this would be in full view of Ashland. Carr moved to have the City intervene with the action and make comment. Hibbert seconded the motion and it carried unanimously. ADJOURNMENT The meeting was adjourned at 10:25 p.m. F ASHLAND PLANNING COMMISSION 12 REGULAR MEETING MINUTES MAY 12,1992 Sea ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM II May 12, 1992 PLANNING ACTION: 92-001 APPLICANT: Donna Andrews/Southern Pacific REQUEST: "A" Street Subdivision I. Additional Information Since the writing of Addendum I to the Staff Report, additional meetings have been held. At present, the applicant is agreeable to the City reserving the area between 6th and 8th Streets as a park, provided there is funding available to make a 10010 reservation on the property. This would essentially allow the City to step in and replace the other reservation holders. On Monday, May 11, 1992, the Ashland Parks and Recreation Commission held a meeting at which they voted unanimously to approve the expenditure of funds (approximately $18,000) to reserve this property, should the Planning Commission attach a condition to the approval of the subdivision reserving the park-designated property. Parks Director Ken Mickelsen will be available at the hearing to explain and discuss the Parks Commission action. The City Attorney, who has been involved in the meetings, has indicated that the action taken by the Parks Commission constitutes "substantial assurance" that funding will be forthcoming for the purchase of this property. The Planning Commission can therefore find, based upon the action of the Parks Commission, and on the Open Space element of the Comprehensive Plan, that this area is designated as a neighborhood park that the City wishes to acquire, and that there is substantial assurance that funds will be available for its purchase within one year. IV. Conclusions and Recommendations Staff would strongly recommend that the Commission add the following condition to the approval of the subdivision: 14) That the City reserve the area described as Lots 10,11,12,13,14,15, & 16 on the submitted tentative plat, including all alley areas east of the alley extending from Sixth Street, for a period of one year for acquisition by the City of Ashland for a neighborhood park in accordance with ALUO 18.80.020.G.1. S7 15) That the area reserved for a public park be indicated as one lot on the final survey plat, including the entire area east of the alley shown extending from Sixth Street, modifying the approval to a 10 lot subdivision. No alley dedications shall be required for this area. Further, we would recommend that the condition regarding the dedication of easements be modified to read as follows: 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. That an easement be provided for the existing power line crossing at Sixth Street. PA92-001 Ashland Planning Department — Staff Report - Addendum 11 Donna Andrews/Southern Pacific May 12, 1992 S� ' Page 2 ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUMI May 12, 1992 PLANNING ACTION: 92-001 APPLICANT: Donna Andrews/Southern Pacific LOCATION: North side of "A" Street, between Third and Eighth Streets ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.80 Subdivisions REQUEST: 16-lot Commercial subdivision I. Relevant Facts 1) Background - History of Application: This action was originally heard at the April 14th Planning Commission meeting. The action was continued to the May meeting to allow for additional information. H. Additional Discussion Many issues were raised during the hearing. In the minutes, the Planning Commission requested information on a variety of items. Staff has attempted to address all of these issues. PARK Much of the discussion centered on the acquisition of a neighborhood park for the Railroad District. The area from Sixth to Eighth streets is indicated on the City's maps as an area for a neighborhood park, should the City have the funds available to purchase the land. In the Comprehensive Plan, Chapter VIII "Parks, Open Space, and Aesthetics", there is much discussion regarding the. acquisition of park land identified in the plan. Quoting directly from page 15 of Chapter VIII, regarding Acquisition of Park lands (emphasis has been added to certain sections): 'Many major pieces of land required for this project (Open Space and Park Plan) must be acquired by the public during the planning period. While trails and open space corridors can be acquired by dedications, the development of major parks and open space areas allows no private use of the land. Therefore, when most or all of the useable part of the parcel is to be acquired, or when a physical, public invasion, such as a trail or easement is required and no development is proposed, the city should acquire the land or the necessary easement at fair market value. 'This program will require a funding source dedicated exclusively to land acquisition needs, as the project will probably take many years to accomplish. The acquisition portion of the plan may not be implemented until the funding source has been secured. 'The properties that the City has designated as Parks are to be acquired by the City throughout the planning period. The effect of this designation will not affect the property's ability to develop. "When the property owner wishes to develop the property, and the property is ripe for development (that is, it has all the necessary city services nearby for development) the City should, at that point, offer to purchase the land. The offer should be for the fair market value, without considering any effect that its designation for park would have If the offer is accepted, the property can be converted to park If the City can not make the necessary funds available, the property can develop according to the underlying zoning. However, some of the property can be set aside as a Conservation Area in this process, as long as the effect of the reduction it the'number of units is no more than 20%a "Obviously, it is in the City's interest to negotiate with the property owner and purchase the land before it is ripe for development. In any case, land shall be purchased without resorting to direct condemnation. " POLICY 6) 'The City shall adopt an official map that will identify the planned areas for parks, new natural areas, conservation areas and trails. Where only a portion of the property is required for park or open space use, development can occur on the remainder of the property. When only a small portion of the property os required for a public purpose, and the new development will benefit from the public area, dedication may be required. Otherwise, the City will purchase the property, paying fair compensation. When development is possible, if the City does not have the funds available for the intended purchase within a reasonable amount of time, the City shall release the land from the Parks designation and allow the development consistent with other plan policies. !moo From these statements of the Comprehensive Plan, it is clear that it is not the City's intent to acquire park land without paying fair compensation. The subdivision ordinance allows for the City to reserve a portion of the property if there is an assurance of funding. The City Attorney has stated that since there is no dedicated City funding source at present, a Local Improvement District may substitute as a funding source, but only after evidence is submitted showing that the formation of the district could be assured. This evidence would be comprised of a petition representing at least 51% of the property owners within the area delineated for the local improvement district. Without the assurance, however, it is the City's opinion that the land cannot be reserved for.a park under the subdivision ordinance. Therefore, Staff believes that the best approach is to continue to work with the present reservation holders for acquisition. Further, the applicant has indicated that if the park area were reserved as a condition of approval and funding was not imminent, the property owner may choose not to pursue final survey plat approval of the subdivision, and may opt to sell the entire property, unsubdivided, to one buyer. As of the writing of this staff report, the status of signature gathering within the Railroad District for an LID is unknown, as is-tbe continued willingness of reservation holders to deal with the City and neighborhood. Size of the park The Planning Commission has asked about the size determination for a park. In the Comprehensive Plan, there is discussion that neighborhood parks are small, approximately one-half to one acre in size. The area from Sixth to Eighth Streets is approximately two acres in size, but due to its narrow depth, it is not as efficient in.area use as a more square parcel. However, from the Comprehensive Plan, it appears that the area from Sixth to Eighth, or a somewhat smaller area, would provide an appropriate neighborhood park area. Parking for Park Use In general, neighborhood parks are designed to be in close proximity and walking distance to the majority of neighborhood users. Separate off-street parking facilities are not generally provided, if on-street parking is available. In this instance, should parking be removed from the north side of "A" Street, the Parks Commission may decide that additional off-street PA92-001 Ashland Planning Department — Staff Report Addendum 1 Donna Andrews/Southern Pacific May 12, 1992 - Page 3 - parking may be necessary. However, this is a separate decision to be made in the future by the Parks Commission as development of the park, and is not part of the review for subdivision approval. Golden Spike.Location and Historical Significance A map identifying the location of the Golden Spike will be presented at the hearing. Staff is presently working with the Engineering Division of the final location. Given the final location of the driving of the spike, that could be incorporated into the park as a special sub-area, with appropriate markers, memorials, explanations, etc... WETLAND The Staff has contacted the Division of State Lands, the state agency responsible for wetland regulation. They have verbally stated that it is generally not their intent to regulate man-made wetland areas less than 1/2 acre in area. As discussed at the meeting, and shown on the video, the area is essentially a man-made ditch area accommodating flow from a distant spring piped to the site. The water which has nourished the vegetation in the ditch is not naturally occurring at the site, but has been introduced by piping it from the hillside near the library. While Staff concurs that should this entire area develop as a park, that the use of this piped spring water-would be a benefit to the area, we do not believe that this ditch area constitutes a wetland area which must be protected. Spring Water As discussed at the meeting, this water was originally piped to this location by the railroad to provide pure, clean water for the steam locomotives. When the railroad no longer needed this water source, the City of Ashland acquired the water rights to the spring, and constructed a diversion point, near the current Rogue Federal Credit Union, allowing for the water to be diverted into the City's storm drain system and emptied into Ashland Creek. The City is required to maintain certain minimal flows in Ashland Creek, and therefore, we must release a certain amount from Hosler Dam to maintain that flow. By using this spring water in Ashland Creek, the City PA92-001 Ashland Planning Department — Staff Report Addendum I Donna Andrews/Southern Pacific May 12, 1992 Page 4 - . is able to supplement the flow and not release as much water from the dam, resulting in additional water available for domestic use. In this time of serious drought, the Public Works Director has chosen to maintain as much water as possible in the reservoir, and has directed the entire flow of the spring into Ashland Creek. Discussion at the hearing alluded to this diversion as being "politically motivated" or in some way related to the subdivision application. In a sense it is, in that the Public Works Director was not aware of this water source prior to the application and the attention focused on this area. However, the decision is entirely based upon efficient water management of our limited supplies, and was actually made many years ago when the diversion equipment was installed to divert the water to Ashland Creek. However, this decision does not preclude the use of this water should this area become a park. There may be opportunities to use this water within this area. MASTER PLAN The Planning Commission requested that the applicant prepare a master plan for the entire site under ownership by Southern Pacific. A plan has been submitted showing this plan, including street connections with New Street and Williamson Way, as well as a Fourth Street crossing. An additional street, Railroad Way, is shown providing accessing to the wider portion of the property across the tracks. Also included in the plan is an expanded park, on the northeast side of the tracks. While this looks somewhat appealing on the master plan, Staff believes that this is not an appropriate location due to the zoning (M-1), and lack of surrounding higher density residential uses. The crossing of the tracks between the two park areas would also be discouraged. The area is also poorly accessed, except through developed industrial land. Staff would recommend that the Commission view this master plan as a proposal for ultimate street construction and land development, but not consider the park on the north side of the tracks as a reasonable option, and consider this area for further industrial development. SITE CONTAMINATION As discussed at the previous meeting, Staff believes that the Commission can only require that the area proposed for subdivision be addressed as PA92-001 Ashland Planning Department — Staff Report Addendum I . Donna Andrews/Southern Pacific May 12, 1992 Page 5 part of this application and that the remainder of the property, even though owned by the same owner, cannot be included in the application.. Staff continues to recommend that a condition be added that all parcels be approved for construction or park use prior to signature of the final survey plat by the City of Ashland. This will ensure that prior to sale, the parcels will be shown to be free from contamination. TRAFFIC As discussed previously, it appears that when the area develops, parking will need to be removed from one side of "A" Street, to allow for adequate travel lanes. Staff is recommending that a cul-de-sac be proposed for the area around Eighth and "A" Streets. The "Industrial Development Handbook" of the Urban Land Institute indicates that a cul-de-sac of 100' in diameter is adequate for allowing 180 degree tutus for the majority of all trucks. Also that a counter-clockwise turning movement is preferred for these turns. The area near Eighth Street is large enough to accommodate such a turn- around, and the cul-de-sac could be constructed off-set from "A" Street such that the proper left turn movement would occur. This cul-de-sac should be included on the final survey plat, with dimensions and location as determined by the City of Ashland Engineering Division. Further, Staff believes that other steps can be taken to reduce traffic on the streets leading from "A" Street, such as signing for no trucks, or local access only. Further steps could be taken to discourage through traffic, such as enlarged island areas at the intersection area, that can be addressed at a later time by the Traffic Safety Commission. Regarding loading areas, the provision of alleys on the rear of the parcels will ensure that adequate loading areas are provided, and will limit the necessity of using "A" Street for a loading areas for new businesses. Parking will be addressed at the time of site review by each individual use, and is required to be provided by ordinance, based on the specific use proposed. Issues regarding truck traffic refueling at the Grange Co-Op are not part of this application, and will not be addressed here. PA92-001 Ashland Planning Department — Staff Report Addendum Donna Andrews/Southern Pacific May 12, 1992 GY Page 6 Iv. Conclusions and Recommendations The issue of the park, as part of this development, is still a difficult one to address. at this point. However, Staff believes that the Planning Commission should make a decision on this application, based upon the evidence submitted by the applicant, and by the neighborhood at the meeting. The Comprehensive Plan is clear on the issue of parks and open space. It states that this area is deficient in parkland, and that a neighborhood park is warranted. Further, it has designated a vacant area to be dedicated as a park.. However, it is also clear that the City shall acquire these lands through purchase at fair market value, if funds.are available. Should there not be funds, then the property shall be allowed to develop in accord with the underlying zoning. Staff recommends that the neighborhood and City continue working with the current reservation holders to acquire the park, as we believe this to be the avenue towards a decision least likely to result in serious confrontations and endless appeals. We would recommend that this agreement be formalized, based upon adequate funding and agreeable sales prices. However, if that is not possible, and the neighborhood has provided reasonable assurance of funding (51% signatures toward a Local Improvement District), then the Commission may want to reserve a portion of the development for park. The Commission has the discretion to determine whether to reserve the entire area from Sixth to Eighth,.or any part of that area. Should the neighborhood not have reasonable assurance of funding for purchase, then we recommend that the Commission approve the subdivision request without any park land reservation, and that the Commission encourage the neighborhood to continue towards formation of a LID for park acquisition. Again, we strongly recommend that the Commission make a decision regarding this application at this month's meeting, based on the evidence submitted. Should an agreement not be reached between the City, reservation holders, and the neighborhood regarding park acquisition, and the neighborhood has provided evidence that they have acquired signatures of 51% of the property owners towards formation of an LID, then the Commission could, if you so choose, attach the following condition: That the City of Ashland reserve the area between Sixth and Eighth Streets, indicated as lots 10-16 on the plat, for acquisition as a neighborhood park PA92-00,1 Ashland Planning Department — Staff Report Addendum 92 Donna Andrews/Southern Pacific Y Page 7 Beyond the park issue, Staff would recommend that the Commission approve the subdivision request with the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a cul-de-sac style turn-around be provided at the intersection of Eighth and "A" Streets, facilitating the turning around of commercial traffic and trucks along "A" Street, and decreasing non-local, traffic in the remainder of the railroad district. Such turn-around to be designed to accommodate trucks, and the additional right-of-way dedication shall be shown on the final survey plat. Ashland Engineering Division shall approve the final cul-de-sac design and assist in the location of the right-of-way dedication. 3) .That Fifth Street be dedicated to a full 70' width across this property, between "A" and the railroad right-of-way allowing for the development of on- street parking, either head-in or diagonal. 4) . That all alleys approved, as well as the street extensions of Fourth and Fifth Streets and the cul-de-sac turn-around, be installed and completed prior to signature of the final subdivision survey plat, as required in 18.80.050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by the formation of a local improvement district for all required improvements. 5) That a 5' sidewalk be provided along "A" Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3.5' street right-of-way dedication be provided for the full frontage along "A" Street. 7) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. Specifically, that a 30' PUE be provided along the rear of the properties, and an additional 10' wide easement be provided to the west of the newly dedicated section of Fourth Street, an additional 10' wide easement be provided.to the east of the newly dedicated section of Fifth Street, and an additional 10' wide easement be provided to the east of the dedicated alley across from Sixth Street. That an easement be provided for the existing power line crossing at Sixth Street. Any changes in the PA92-001 Ashland Planning Department — Staff Report Addendum 1 Donna Andrews/Southern Pacific May 12, 1992 �� Page 8 easement requirements to be approved by the Engineering and Electrical Departments prior to signature of the final survey plat. 8) That the area near Sixth Street, having a water line providing spring water to this area be addressed as part of the overall improvements to the subdivision. 9) That the applicants receive certification from the Oregon Department of Environmental Quality that the property proposed for subdivision is not contaminated, and that future construction or park use of the land can be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 10) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 11) That the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. And that should a park be included as part of the development, that the alley indicated behind the area to be a neighborhood park be deleted from the subdivision design. 12) That a fence be constructed at the rear of.the properties between the alley or rear of the lots and the railroad tracks, restricting access to the railroad tracks for safety purposes. 13) That all future development within the subdivision shall provide recycling areas, in addition to the required trash areas. PA92-001 Ashland Planning Department -- Staff Report Addendum I Donna Andrews/Southern Pacific May 12, 1992 �� Page 9 MEMO TO Ashland Planning Commission FROM : Allan Sandler DATE : May 6, 1992 RE RR District Subdivision I hold a reservation on what is designated Lots 10, 11, 12, & 13 between 6th and 7th Street on "A* Street in the City of Ashland. There has been some talk about this property as to how it would be developed and could some or all of the property be obtained by the City of Ashland for parks and/or open space. I purpose either of the following concepts. Concept #1• Subdivide the 4 lots into 3 lots dedicating to the City of Ashland, at no cost to the City, two (2) 20' pieces or one ( 1) 40' piece separating the property all the way through from "A" Street to the rear of the property. For this, the alley way would be omitted and parking would be utilized on the rear 30' of the property being accessed on the east and west from "A" Street through the continuation of 6th and 7th Street. "A" Street would not be widened, and if _requested, only one side street parking would be allowed. Concept #2• Subdivide into two (2) lots which would start approximately 175' from 7th Street and going to 6th Street. The 175' starting from 7th Street would be sold to the City of Ashland t whatever pro-rated price per square foot is paid !tol Southern Pacific at close of escrow plus any other ladditional incurred costs by Sandler thereof. This 175' piece sold to the City of Ashland is for use as perk and/or open space and to be ,developed by the City of Ashland Parks Department and maintained with the restriction that no buildings and/or vendors would utilize the land for a period of 20 years. If needed, Sandler would give a one year option to the City of Ashland to purchase the property at above stated costs plus 10%. If the property was not purchased, there would be no monies owed Sandler. . . not even the 10%. This would give time to the City of Ashland and the neighborhood to raise the necessary funds. G8 The enclosed Charter Amendment dated 8/14/90 Article XIX A - Open Space Park Program, Section.2. herewith included states". . . The City Council shall not use the power of condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails". Please also note that on your last hearing on this subject, the person representing the subdivision told you that if you force Southern Pacific to sell to the City of Ashland property, for the open space in order for them to get permission for the subdivision, it would be under duress. If you force a sale of land in order for the landowner to receive a subdivision, it is truly forcing a person to sell what they do not want to. If you force this sell as a condition of the subdivision, you are going directly against the wishes of the majority of the voters and the promise of the City Council as stated in Charter Amendment, Article XIX A, Section 2. , dated 8/14/90. I believe there is ample park space provided under my offer and terms thereof. Sandler Films, Inc. has been a good supplier of jobs and money coming into this community and it needs the small 175' piece of property to have for future expansion. The following items are suggestions for the remaining property from the 175' point to 6th Street that would remain ownership of Sandler: i a) That an improvement district be created by the neighborhood encompassing an area from 8th Street to Oak Street then again. from "A" Street to Siskiyou Blvd. b) That improvement district will pay for the purchase of the land, the paving of the continuation of 6th Street north of "A" Street, and any street lighting and/or traffic signs and/or signals that may be required. c) Eliminating a back alley way between the railroad tracks and the property in .question and allowing for that space plus 10' to equal 30' designated for parking in the rear of 175' of property retained by Sandler. d) No parking lots or parking allowed on the 175' of property adjoining Pandler property. e) No widening of "A" Street and if wanted by the City of Ashland, to allow only one side street parking. Charter paw - ART. XIX-A--XX--XXI--XXII carrying into effect the purposes of their creation askPark Commission. They shall enter upon the discharge of their duties immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the instruments by which said City obtained title thereto; which said instruments shall be considered as carrying a more specific description of said lands. ARTICLE XIX A - Open Space Park Program Section 1. Creation . Powers and Duties. An Open Space Park Program is hereby created to be administered by the Ashland Park Commission. The Park Commission shall make recommendations to the City Council concerning priorities for land and easement acquisitions for the Open Space Park Program. After dedication of land .to the Open Space Park Program, the Ashland Park Commission shall be responsible for the administration, development and operation of such lands. Section 2 . Land and Easement Acquisition 'Procedures. Both the Ashland Park Commission and -the City Council must agree upon land or easements to be acquired for .open space park purposes. Before any land or easements that have been acquired for the Open Space .Park Program are disposed of and released from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an emergency clause, thus giving to the people of the- City of Ashland the opportunity to petition for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the City Council for such purposes. Such dedicated lands or easement shall be under the control and management of the Ashland Park Commission. The City Council shall not use the power of condemnation to ac wire fee Situp a ownership o any an or O en Space purposes or rat s. Amen a(Tf-iY-90) Section 3 . Resources. Monies dedicated to the Open Space Park Program shall be expended only for open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated for acquisition of Open Space Park Program lands shall remain under the financial management of the City of Ashland. The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes by the City Council without further approval by the electorate. Said tax measures for funding of the Open C-21 Revised May, 1992 70 Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate. (Amended 6-27-90) Section 4 . Definition and Purpose of Open Space Park Lands. The definition and purpose of open space park lands shall be as defined in State Law, ORS 308 . 740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90) . i I C-21A Revised May 1992 7� _ The Ashland Railroad District Neighborhood Association April 28, 1992 Ashland City Council Ashland, Oregon 97520 Greetings: We hereby request that the City Council authorize a bank account in our name. This account will permit us to collect and deposit funds for the purchase of land along "A'.' Street. Our intent is to preserve open space in the heart of Ashland's I-Estoric Railroad District, and to recognize the area where Oregon's Golden Spike was driven in 1887. Southern Pacific representatives intend to subdivide and sell this land. On April 14, the Planning Commission continued the public hearing on this issue until May 12, and advised us to show "substantial assurance" for purchase by that date. We are pursuing funding efforts, including a Local Improvement District, grants, and donations. We have money to deposit now. Members of our steering committee will be present at the May 5th City Council meeting to answer any questions you may have. Or, you may contact us at your convenience. Sincerely, ' C v Tun s, Chair Di&a Bazch�ard, Treasurer Steering Committee members: Debra Barchard 482-1907 Ellen Downes 488-0626 Bill Emerson 482-3231 Dan Heller 488-2360 Tim Lewis 482-1173 Richard McKinney 482-3964 Ruth Miller 482-8659 7� M M All dJ p it s ;• S �: 4 %v1k RA am �j r h1y jg u;K i m i r jj Y � J rl/ • ♦6 ` ` � Neu �I + 5 � 4 z a h 73 naraaa r�. �,ioer 1036 Prospect Street Ashland, OR 97520 .(503) 482-8364 August 24, 1990 To: Ashland Historic Commission From: Hal. Cloer, CPAC Parks/Open Space Committees Re: Possible SP RR participation in a Golden Spike Historical Park 1 . It has been suggested that the event of the completion of the %Jest Coast Railroad is so important in Railroad History that the SP should be interested in a permanent memorial of that event . (It gave NW suppliers ,all the way to Seat.tlejaccess to California and SW markets) . The company demonstrated great interest in the event by taking over the organizing of the centennial celebration of the golden spike in 1987 . They got Oregon' s governor, two senators, and numerous important customers to take part in the Ashland event and brought in a historic train for viewing and hosting . 2 . It has been suggested that Ashland and Jackson County follow up this demonstrated interest by approaching SP with an invitation that they participate in the establishment of a permanent memorialization of the event through the development of a Golden Spike Historic Park. 3 . It has been suggested that former mayor Gordon Medaris, who had considerable personal involvement with the Sr officials who took part in the 1987 celebration, be named chairman of a "Golden Spike Historic Park Committee, " and that members from the Ashland Historic Commission and khopefully) the Southern Oregon Historical Society prepare a tentative plan for the park. 4. The Ashland Parks Commission and the planning office have formally indicated to SP a desire to purchase the SP land - along A Street between 7th and 8th streets. The site is approximately where the spike-driving occurred and a park there would contribute greatly to the rehabilitation of . that end of the Railroad District . . l4low that funding for park, land acquisition has not been approved , help from SP toward establishing the park would be very helpful . 5 : As you know, SHPO has indicated great interest in Ashland ' s Railroad District. and has urged nomination to the National Register. Pat Acklin has received indication of interest from the National Trust . There is probably considerable potential suprort for a proposed RR historical .park. copies: Acklin, Dews, Medaris, Golden, Tregonese, Mickelsen 7y � _ EDMNNO DEWS 470 BOULEVARD ASNUAND lNO,OR 97520 .a V''v i ti -4,-b ? ow I W7 ale ct QQ.Lt�,,,.•Q� Le-�....ok�� �,CL�c a-•�.e J...��ds. ..1� .<:a.�:e, 75 C�t..,u-�+Ci .C.N, z-�.tin,'S . /Y�N�2�vY�0� ����_,G�✓.��1,�.,5�.� � '��G - �� Ogle ,� 8�% .c,l�.,.,.,�.�.:�`, -:-.� �.,-.-�. -l�c�,,,•-e-" auj `t" a,�.e .�� ��` •�I .�� ��.�, .fir .�-'�-� �- 7"A ve ,cw,c.,K.0 . u.eP -ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND,OREGON.97520 • 488-5340 PARK COMMISSIONERS: KENNETH J.MICKELSEN Olroctor PATRICIA ADAMS JEAN M.CRAWFORD I' LEE HOWARD TOM PYLE JULIE REYNOLDS February 8 , 1990 Zelpha G . Hutton 59 Sixth Street Ashland, Oregon 97520 Dear Ms. Hutton: I received your letter and petition regarding the nomination of the old railroad depot site in the railroad district for inclusion in the open space park plan. The Ashland Parks and Recreation Commission reviewed this request and has recommended that the neighborhood park that is on the open space map for the railroad district be expanded to include "AI' Street from 4th to 7th Streets. Enclosed is a copy of the letter that the Commission sent to the Mayor and City Council . The Commission thanks you for your suggestion and it is looking forward to working with the neighbors in .developing a neighborhood park for the railroad district . Sincerely, ,.4A_ 0 . Thomas W. Pyle, Chair ASHLAND PARKS AND RECREATION COMMISSION Home of Famous Lilhia Park January 30, 1990 Mayor and City Council City of Ashland Ashland, Oregon 97520 Honorable .Mayor and Councilors: Having reviewed the revised draft of the open Space Park Program for the new city comprehensive plan, the Ashland Parks and Recreation Commission recommends that the proposed neighborhood park site on "A" Street between 7th and 8th Streets be expanded to include "A" from 4th to 7th Streets. By expanding the park site, the Parks and Recreation Department would be able to provide an attractive linear park for the neighborhood. Such --an-addition would also help to preserve an area that has historical importance to Ashland. Sincerely, —1-V / r Thomas W. . Pyle, Chair ASHLAND PARKS AND RECREATION COMMISSION cc: Brian Almquist, City Administrator John Fregonese, Planning Director 78 January 30, 1990 To: ZHistoric Commission Park Commission CPAC Parks/Open Space Committee From: Marjorie O'Harra, member Ashland Heritage Committee Re : Golden Spike Railroad District Park Proposal I would like to endorse the concept presented on Oct . 4, 1989 by Zelpha Hutton ( copy attached ) and referred to by Hal Cloer in his letter of Jan. 20, 1990 ( copy attached) that land be set aside for a 'neiahborhoodlhistoric marker park on now vacant land near the former Southern Pacific Railroad depot. A small park here would serve residents of the area as Mrs . Hutton has pointed out, enhance re-development of the commercial area, and be an attractive destination point for Ashland families and visitors . This seems to be an opportune time to . acquire available open space . Sincerely, Marj ie O' Harra 1235 S . Tolman Road Ashland cc Mayor Cathy Golden John Fregonese Zelpha Hutton Hal Cloer Terry Skibby, president of Ashland Heritage Committee . maroic Pi. Lioer. 1036 Prospect Street Ashland, OR 97520 (503) 482-8364 January 20, 1990 To: Historic Commission Park Commission tn Heritage Committee Pi- CPAC Parks/Open Space Ce ittee From: Hal C1oer, CPAC Parks/Open Space Committee Re: A "Golden Spike" pocket park 1 . Mrs. Hutton asked me the other .day if her 10/4/89 nomination for a RR district park had ever been considered by CPAC . I told her that I didn' t think so . (She had presented it at the meeting at the Forest Service Office) . 2 . I .would agree with her that a park near the Grange Coop would be of greater benefit to the majority of residents of. the RR district than the proposed location at 8th Street, although the latter may also be needed . 3 . I realize that A Street is zoned E- 1 from Oak to 8th , and reserving it for commercial uses would increase the commercial viability of that area. And I gather that this is the preference of the Planning Office. 4 . Perhaps Mrs. Hutton' s suggestion about a marker for the golden spike event offers a compromise. We recently had a centennial celebration of that event (at which our two senators took turns trying to re-enact the event) ; it is an event worth memorializing. How about establishing a "pocket park" , "The Golden Spike Park", with a histor- ical marker anti with a few of the amenities the RR Dis- trict Neighborhood Organization would like in the area? copies: Cathy Golden Pat Acklin Albert Meyer John Fregonese 80 , OCTOBER 4, 1989 NOMINATION FUR OPEN SPACE: F'ailroad Dist. I am representing the Railroad District Neighborhood Organization . We uouId like to propose the former depot site , that area on the north side of A Street and adjacent to the green space the Grange Co- op maintains. This area was a park when Ashland was young and the Railroad was in it ' s prime . Historical photos show : it contained a rose garden , a gazebo exactly like the present one in Lithla Park , and the Ashland Commercial Club had a pavilion displaying Ashland products and dispensed Lithla ' water. file Golden Spike was driven within a feu feet . We are aware of the proposed open space at A and Eighth Streets . We think this area at the northeast extremity of the R. R. District is an excellent space for large playing fields necessary for soccer and softball . It is an attractive area for this type of activity as there is space for ample parking , is near the other sports fields and can be utilized by every Ashland "team-sports person " . Unr proposed site is within ualking distance of the R. R. District ' s residents. The available on-street parking_, would be sufficient . There is not a school within the R. R. District . The younger childre-n attend Lincoln Elementary School . They must cross East Main and Siskiyou Blvd . to use a. school playground. The bicycle-age children head up E. IlaIn to the play areas on Walk"r Street . This becomes a scary and potentially dangerous situation as E. Main becomes congested with "Museum traffic ".. We envision this new .proposed Railroad Site Fark as a multi-use area to be enjoyed by all ages . 1 . A play area with equlpmFnt for m..atly younger children ( 10 and under ) . Perhaps a grassy space uhero the older children can ruff tumble , football or whatever . 2. A space where older residents might pass the time visiting , sunning, possibly playing checkers and enjoy watching the antics of the 'chl ldren . 3. For the children of all ages between play _equlpment and sedentary, a volleyball court an(I a basketball hoop might be included. 4. We DEFINITELY need to apply to the State 111ghuay Division to place a historical marker describing the significance of the site , telling of the early devp_ lopmnnt of Ashland , the driving of the Golden Spike and of the era of ". THE PALI1 MFI.TING THE PINE" . Let us not let this very nnlquo and rip.-olficant site ! n Ashland ' s historical past disappear . I '� b .r '.-YSa a•` 'x5 f� {', t � � w�� qG.� � _ �`Yt 35`�'a,�r -� ' , '�a3 ^�i� �- � �)yt x �� • .rte � � s n e� 1w�� 8^ w,��� tvY} � e9 �}v x �. �' tl y v+•y i 4C s �i J�N��� ;ud':3as.�'y� � �,�[y'r^4e jk.t 'aryx y � �i rx u `'�'n��$L� '.'�'7• e . . . .Imall i 676 OREGON GEOGRAPHIC NA\f E: OREGON GEOGRAPHIC N. + ` name as the result of a camping experience of some hunters who %,M Archibald R. McLeod, a chief 1 1 there forced to eat biscuits made with soda, popularly known as sinkers..[ :ear 1828,while crossing the rr. 1 J. Briem in his notes on file at the OHS, page 37, says the men were J36 i snow storm, in which he lost and John Hills. :tiled race horse. His Canadia+ Sinnott, Morrow County. Sinnott post office was established in tux arurgeois,' named the place tht � I southwest corner of the county, on one of the headwaters of Rock Creel ,uently adopted as the verital 1 and about six miles south of Hardman, on April 29, 1916. Scott H.Osbor-- hence extended to the whole r. IP was the first postmaster. Sinnott post office was discontinued effective 1`6 C.Anderson was connected wit i � ruary 28, 1918. Sinnott was named in compliment to Nicholas Sinnott a of Lacombe's Cree dictionary, : !� The Dalles, a representative in Congress from Oregon from 1913 to 1942;- Cree word sisikiyawatim, which who doubtless assisted in getting the post office established. N.J. Sinncc verse. The obvious similarity t .!1 was one of Oregon's most esteemed citizens. He was born at The Dane lord Siskiyou is too great to nee December 6, 1870, and was graduated from the University of Notre Daze Gibbs attributed Siskiyou to th in 1592. He was admitted to the bar and practiced law at The Dalles. Fz :hat the name Siskiyou comes !:n was a member of the Oregon state senate in 1909 and 1911. His service c pones, has always seemed fang "I Congress at Washington was brought to a close by an appointment to the cones were used in fording vat is United States Court of Claims. However, his term on the court was i1 ;f the story, and none is well au short by his death on July 20, 1929. :.nd are very indefinite. Profess Sisi Butte, Clackamas County. Sisi Butte,elevation 5614 feet,is a pro iornia says of this etymology: "( inept point in the Cascade Range in the southern part of the countc,jus etymology to engender much west of Lem iti Butte. Sisi is the Chinook jargon word for blanket or clo! :idian origin, though not neces Gibbs gives the form pa' see-sie, but it is the same word. In 1927, Dr f; the Siskiyou Mountains are par Wright, who was a walking encyclopedia about Cascade Range plan _ins, which lie as a connecting names, told the compiler that he had never been able to get a good explan, Cascade Range. Joseph S. Dille 'i tion as to why the name was applied to Sisi Butte, although Indians tort l, th.Mountains, USGS Bulletin ' him that it was correct. Geography and geology of this Ij Siskiyou, Jackson Count The name Siskiyou as app] to a c :act that there is some confusi ;j Y , J Y Y PP px office did not appear until April, 1895, well over a half a century afr -eferred to by Gibbs. Presumal �.ltt f#,f Hudson's Bay Company trappers had named the pass through the Siskiea _-ned as Alexander R. bicClei Mountains. The compiler does not know the exact location of the firstSkki- California is said to have been n; you post office, which was in charge of Alice E. Ager, but for many ream Sisters, Deschutes County. : II S this office was near the Southern Pacific Company station Siskiyou at the :ade Range, and is named for i northeast end of the Siskiyou tunnel and very close to the Pacific Highicn xrs. There was previously a pt till _ _� This post office was closed October 31, 1932. The compiler has been askr: ;:.at,and in 1888 it was found : It ; about where the golden spike was driven on completion of the Siskiyou lip ;the move, the name was cha, Ita of the Southern Pacific Coritpany.:In March, 1947, G. H. Kilborn,superi[- :ant. It is said that Jacob N. Qu tendent of the Southern Pacific Company's Shasta Division at Dunsmur smith was the first postmaster it! _ had a search made of the old records and reported that the golden spiL• or the record July 15, 1901, b was driven on December 17, 1887, at about 5:04 P. M. on the east sided ;cwt 40th anniversary of the to the track at the south end of the Ashland yard at mileage 428:8.The spL, :i. 1941. was driven at surrey station 1154 + 05.The driving of this spike complete: Sitkum, Coos County. Abou the Siskiyou line of the Southern Pacific. -cadhouse about half way betwe Siskiyou Mountains, Jackson and Josephine counties. George Gibbs t n. As a result of a competnoi' in his Dictionary of the Chinook Jargon, 1863, gives the following version a i netc name was selected, Sitku the origin of this name: "Siskiyou. Cree.A bobtailed horse. This name,lugs r11f. The post office got its na crously enough, has been bestowed on the range of mountains separatiri otablished on May 9, 1873, with Oregon and California, and also on a county in the latter state. The orie_ Sitkum Creek, Lane Count of this designation, as related to me by Mr. Anderson, was as follows: �1: (runt the north about eleven mil - i ii yky ' S - S > Xd fib f i ,. HISTORY —o r— SOUTHERN OREGON , COMPRISING T RCKSON, JOSEPkIINE, DOUGLAS, CURRY AND COOS r COUNTIES, tr: Y, COMPILED. FROM THE MOST AUTHENTIC SOURCES. rl PUBLISHED BY A. G. WALLING, - ASEMAND PUBLTC LIBRARY 53r ASHLA1:n, O8'"'O;t 97020 I PORTLAND, OREGON: PRISI'1FG-AND 1.1'f IIOG RAI`I(ISG 11045E OF A. G. WALLING, CORNER 1'1RS'I' AND Aill al'R EF.I'\� ISS4 �1 Sy 85? SOUTHERN OREGON. Ma tha L. Gillette, Louis Girtinan, Charles Griffith, John 1;. Griffin, L'urtcll 1:. Griffin (died 1851), C. C. Good\vlln, U. S. 1-L•lydcu (dial 1Si9), Fictlericl: Reber, Jame= Hamlin,William Hoffman, Elizabeth Hill (died 15S0), Jasper Houck, .A�Idiou Hebus, John Holton, J. H. Huffer, David L. Hopkins, Michael Hanley, S. P. I-Iull, Rowland ,Hall, 1'honas Flopwood, Rial Hinkle, George \V. Isa :'e, Kaspar I�ubli, Charles 1C. tau n, Ilcnry I�lippel, \Villiant Ivl.hlcr, Gourgian;l :\. Fabler, Silas gore, 73dward l�ilgore, W. \V. Iieutucr, .David Liuu :\rtlnu I;au ell, \. I,:ut ell, Ii rancis Log,', Jantes 1,e l.ic, J. A. T. Aliller, ZVillianl Al. Ultlic, Joules \IcDonuu�h, John X. MoDonou"lt, I Owcca. McDolurug 1, I;oehc.l M. \tench (died 1880), .lobar \f. A1cCall, ,\celled;[ Merriman, L'. F. Miller, .1. W. Malin ng, George 1\''. \lace, W. C. Myer, B. F. Alyct, J P. McDaniel ConsUl"tl"e Alagrudcr, lI lI \I:Igt uder, .l. B. AIontgoiner , Bennett \ I}lnoq�, $� 4tr'Tir+ Tz let, Isaac Miller (died 1878), 7;liza- t eth :1�iller 4dted`r1878 ,' 1`an•", e fi+�lor'; laiborlic Neil, I.uulsa C. :Veil ( liul . ,. c �Ftm men;. oserh I'. Parker (died 188 Willialu II. ,� .v 1 i Paint F`Priinn;Sanutel Phillips, IV. .I. 1'ly"nde, D;n Id I c.liqg;n Ch:uupi ,u T. Payee, G. .1'. Pcunebakcr, John ' 1':. ROt,s, I'. .1. hyan, A. G. I[iwl;tialuw, I?. I;. Rogers, J;uucs It Russell, Thor "IS (a.7le;tuus, 1':. 1 . Ru;uucs, .I. \V. Simpson, 1 lows, `. Smith, Veit Sclultz,.Cbarlc> W. Savage, Sylvester Sall.nuu:;h, Joseltlt B. Snit.liuuslt, 11. l ._ . Seibert, Peter Simpson, 'Thomas Snell, Julues AI. Sutton (died 1879), Joseph :\. Satterfield, 1). Hobart Taylor (died 1883), S. C. 'Taylor, Levi Tinkliann (died 18A0), J. C. Tolman, John Toepper, .1. B. 'Thomas, James Thornton, S. R. Taylor, Joules 1'. S ' Tufts, John R. 'Tice, Samuel D. VanDyke (died 1850), Jetnt B. \Vrislcy, Jolt" \Vat: son, Jacob Wagner, Alexander J. Watts, 'Alary Ann Walker, Jo in P. \1'all:cr, Thomas .Wright, H. L. Webb, A. IC \Villians, Aliles S. \Vakeman, John \\ isr> ls"och Walker, Henry fork. it t. 'n . CHAPTER XXXIX. THE TOWN OF ASHLAND. Settlement of the Place Arrivals—Building up the Town—Flour Mill—School—Manufactories--The Academy—Woolen Mill—Churches—Masons—Odd Fellows—Good Templars--Library—Bank—Extent of Business—Officers Surroundings. t The town of Ashland is situated -it the base of the Siskiyou mountains, in the remotest snutltcasteru corner of Rogue river valley, at an elecatiou of 1,900 feet above the Pacific. I It is the extreme southern town of Oregon, bein< Only twelve miles fl'um the California line. It was incorporated pctober 13, 1874, having then �topulatiolt j'. of 300 The first officers were Jacob \Va\guer, F. \V. Ewing,.J. 11. Tozer and H. C. Hill, trustee Charles K. Blum, recorder , W G) D lly, nit Il tl , .arid J AI McC tll, t° treasurer. Tlie`hnstory of.al}e place; as nearly as_can be obtuned, is is Follows On ' `tlte sixth cl�y.of Januaiy, 18J2;'It;13 'Hangachne°and "`Pzi�e settled of the ltnd�` ieeeiitly�1 now ins tb> Appleg�r fanZn; Uyit ifo}y o<cnpnctl.by tl�t;i til�n ty,dcllnt build-,Js JACKSON COUNTY, ggg inl and I'M town site of the .Oregon and California Railroad Company-.•' On the tieventh day of the same month Eben Emery, J. B. L''n,e•v, Dowd Farluv, J. .\. (.'ardwell, A. D. Rel(itian and A. Al. Rogers also cause and eettle'd near by. Iu,proce- nrc•nts were immediately commenced, and the first house built was tlua dwelling of I Iaa;gadine and Pease. 'Pie second building wa the sawmill built by ];Len Eurery, 1. .1;. Pinery, J. A. Cudttc!l :uul .Dowd Hurley. It was couuueuced in February, 1'�52, and finished Julie sixlecuth of the.t. year, at a (lost of.' „8,000 iu money" aud labor, and tva" named the "A"ddand Sawutill," in honor of Ashland, 011io, i1lr. I-Iellnuua'.s Fu•uua• home, autl also in honor of the home of Heury Clay, Ashland, I�entur!:c. tlu; majority of the company being whigs. The third building was the residence OF Ilcllnian, and the fbin•th u110 that Of' "ben Enterv. Tit tit(! voar 185-1 the :\slIland flourim_' Wilk wore built by A. D. ITellmaua, Ebel( lsiuurv. .I. 1;. l:naary and \t. 1;. Uorri.:, at a cost Of' •51+1,11011, and were dedicated by a.grand ball nu the nigLt of, Angnst twenty-fifth of' that yu,ar. Thane milk bec'mm! the unclean of the contin", (lity, which vvtts now laid out., with the mills occupying the south side of the plaza., ;II,OIIIld ,cinch the principal business part of the town k now built, and the came of the s:«vntill "Asldand " way t.rausfe•red to tl,e town) Simultaneously with the mills the.- - first blacksmith 81,01) was built by the mill company. Quite a number of other build- 11111.9 were soon erected, to-tvit: a hotel, by John R. Foster ; it butcher "hop, by M:u inn WestfialI ; a carpenter.and cabinet shop, by Buckingham and Williams; it wagou shop, by John Sheldon ; and a. etorc. !lv R. P. ITargndine. :\eltlztnd s!:hool district., number fire, was now m;nanize;l, and ti c fit�St Sclwol tr4" bnaght.ni:u t.ic prusonC residou•c. Of' ` \ft . Erb, two miles cast of Ashland, by the Rev. Myron Stearns. The district ,vas then divided tat Or near the Sis"on Mac-(, two miles cast of Ashland, the town retaining the name and number of` the district. The first school of the town proper tea: taught ~? in the Louse of, l;hen ];nacry, in the Years 1554-5, by shins Lizzie Andet:sou, note the )vif'0 Of (.auncral McCall. Nothin;" more of special interest transpired until April 51 15 i:ti, when DI-4 Sisson tva.s killed. This homicide is a dark pogo in the history of, / Ashland, :Old cant a. shadow Over the cuuamtutity that Nvas not ea"ily dispelled. Deliber- td.ion :and ctinLaess, however, in the Manning and execution of the deed; ,vole t.Le Only things dt:velopcd by tl,e investigation of the eatse. Main- tl,coriee re{ardiu' the crime were advanced, but the murderer teas ueve• apprehended, nor the c:ntse of the as":usin- nation hrougit In li"llt. Tlul hotel, known as the `<:\shhuld 1[OU c," wan built i❑ the yo:n• 18,59, by l"'bun Hnicr•y (now of l;:u,•li: PUlllt.), at. a cost of X3,000, by whom it was kept fbr tot years, when it ,vas "old to 'jasper Houck, the present proprietor, fbr '(;,111)0. The first public "choolhouse of the town ,vas built in ISM, oil a. lot. donated Ly it. L'. 1lar ndine. It tva-e a substantial frame, baihliu'.', ei-htcen 1w t.tventy filet, on a solid ibunda.tioll of,cut, stone, anal cost �600. ].n the year 18(;7 :ill addition of nearly rise same size Wflq utade to the ori�iral building. In IM0 increased school room becoming necessary, a coou,0diottS two-story house, thirty-six by fifty feet, was erected near the old building at it cost of x+2,000. In this new building a school of nine • ^^t 11 y�ea.r is bu,ght by the beet instructors.the country aflbrd", f]mu tcheue Stephen Ta, its several department draw that inspiration and culture that it to Julut ]?lyn°'r wOri; when rhos_ 11". ]iuykcatla o`'ernnient luill be upon their shoulder... ASHLAND TIDINGS FRIDAY, DECEMBER 2, 1887 VOL XII No. 25 pg. 3 col. 1 END OF THE TRACK The end of the track was at Neil creek yesterday, about six miles from Ashland. Progress in track laying has been delayed by the loss .of the engine, which ran away and jumped off a high grade on the southern slope of the Siskiyous last Saturday. Ashland cannot be reached by the 5th, as was anticipated last week. pg. 3 col. 2 The view of the snow crowned Ashland Butte from the location for the railroad eating house at Ashland is superb, and will attract uni- versal attention and admiration from the thousands who will pause here i to regale the inner man. pg. 3 col. 2 I. A. Steinberger, mining expert of the Southern Pacific R.R. , was interviewed by a News reporter in Portland the other day, and said it was his opinion that the railroad offices of the Oregon & California now in Portland would be continued there after the completion of the through line, and that there would be no immediate changes in the per- sonnel of the officers of the road. pg. 3 col. 5 RAILROAD OFFICIALS IN ASHLAND Division End to be located in Ashland, which means an Eating-Station, Round House and Repair Shops for this place. On Monday morning last a party of Southern Pacific Railroad officials came down to Ashland from the Siskiyous by private coach, arriving here early in the forenoon. They were A.N. Towne, General Manager: General Superintendent Filmore, Supt. Wright, General Master Mechanic Stevens and Mr. Walsh, master car b-.-J.--der. They were met here by Manager Koehler and Superintendent Brandt, or the 0. & C. R.R. , and held a consultation Page 1 v' 7 over matters connected with the location here of the end of a passenger division, coaling station and engine run. An inspection of the company's land South of the depot was made, and locations chosen, it is under- stood, for an eating house, a round hpuse and repair shops. After attending to these matters, the Southern Pacific party started at once on their return to California. Messrs. Koehler and Brandt remained here till the departure of the regular evening train north. Yesterday morning Chief Engineer Grondahl, of the 0. & C. R.R. , came out from Portland to make the surveys and locations of the build- ings, side tracks, etc. required for the eating station, repair shops, round house and sheds. Wells, Fargo & Co. also will make Ashland a division end in the operation of their express business. All this means a material increase in the population of Ashland as a direct result, and the indirect benefit to be derived in the im- portance given to the place and the assurance of its rapid advancement is of yet greater moment. It has been generally understood that . the eating station and repair shops would be here, but, of course, ft is matter for jubilation that all doubt or undertainty is to be set at- rest now by the actual erection of the required buildings, and the prep- aration at once for the operating needs of the road. Ashland is the end of the Oregon & California road, which will be operated as a separate division, at least, from the California & Oregon. It is nearly equi-distant from Portland and San Francisco, and will become widely known as the half-way city between the metropolis of California and that of Oregon. The railroad company own here a large area of land suitable for their own use and a surplussage for sale as town property. Nowhere along the line of the railroad will the traveler see a prettier_ , ' location for a town than Ashland. In this brief summary of her good ' . points and good fortune, Ashland cerjainly has occasion for self- D..,..c O 88 -'-c. gratulation and bright hopes for the future. pg. 3 col. 6 The Last Spike Celebration Concerning the Celebration, a dispatch of Friday from San Francisco to the Oregonian says: "An opinion is expressed by Portland people that arrangements should be made to have a portion of the programme celebrated in Portland. It is believed from all that can be learned thus far that a grand excursion from San Francisco to Fortland and return will form a censpicucus feature of the celebration. A special train, it is understood, will be provided by the railroad company, and merchants and railroad officials 'Will travel to Portland. An Oregon delegation of citizens .will return with them, and all the way 'down recel,tions will be given to the guests by towns along the road, at Redding, Red Bluff, ' Chico, Marysville and other points. In this city the plan is to have a grand banquet, with speeches by prominet citizens and state and municipal officers. it is the completion . ' of this line that is to unite Oregon and the whole northwest with California is an event second only in importance to the driving of the last spike to the first overland line to` ` this city, and an event that should be observed in a manner commensurate to its importance e' Manager Koehler received the following telegram at his office in Portland:. . "San Francisco, Nov. 27, 1887.-h. Koehler, General Manager Oregon & California Railroad: At a general conference of committees from the California State Board of Trade, Chamber of Commerce, City Board of Trade, produce exchange and manufactures. association presided over by his honor, Mayor Fond, of San Francisco, it was unanimously resolved to celebrate the completion of the Ore€on & California by sending a large del- egation of representative men to lortland. Please inform the mayor and the president of the board of trade. Details will be arranged Tuesday evening. "W.H. Mills" page 3 While out over the O.&C. from Iortland last Monday, Manager Koehler and Superin- tendent Brandt were making preliminary preparations, as for as possible, for the running of the San Francisco excursion over the line from this place to Portland. They were interviewed by Mayor D.E. Mills, and said that, while the date for leaving San Francisco had not yet been fixed, it will probably be before the 15th mst. Information will be given as early as possible regarding the date of starting, the length of time given for stopping here., etc. A Sacramento dispatch of the 28th say: The people of Sacramento are determined to celebrate the driving of the last spike on the California & Oregon Railroad, but how, has ` not yet been fully decided. Three plans are being discussed. One is to lay the corner . stone of the exhibition building which is to be erected near the passenger depot in this city. Another is to have a parade and speech-making, and at the same time have the capital city connected With the spike-driving station by telegraph, with an electric wire fasteded to .the spike and connected with the Sacramento fire alarm system, so that each blow of the sledge may be heard here. The other plan for the celebration is for Sacramentans to make an excursion to the spot where the last spike is being sent home. ASHLAND TIDINGS VOL. XII . NO. 26 Ashland, Oregon Friday December 99 1887 pg. 2 col. 2 THE LA5T SPIKE CELEBhATICN The driving of the last spike to finish the railway line between San Francisco and J Portland is an event of unusual importance and deep interest not only to the Feople of Oregon and California, but to the whole American contient. To the country at large it is of peculiar interest in that it completes the encircling line of railways which now form an unbroken band around the United States-skirting the Pacific from Mexico to British Columbia; stretching eastward along near the northern boundary from the Pacific to the Atlantic; thence southward within sound of the Atlantic surf from Main to the Gulf of Mexico, and westward under the tropical sun along the Mexican line to complete the Circuit in California. This gives a circuit of transportation and domestic commerce more perfect than the encircling seas which encompas the most favored isle. It gives a defense page 90 of far greater service and effectiveness than the great wall of China to that country. It completes a band of steel which should play as important part in welding '$a: more perfect union" of the deverse states about which it is wound. Possessing so peculiar an interest to the country at large, the event is given additional interest by the fact that it cele- brates the accomplishment of the same management that first spanned the contient with a railway to connect the Atlantic with the Pacific. To the people of the Pacific Coast it possess a more than sentimental interest. It . means material development-more rapid progesses toward the population and general wealth of the older states. It marks the rise of a greater tide of tourist travel than has yet set in from the East. To Oregon and California it means greater facility for interchange of trade and products, which will be of advantage to both. In Oregon it opens the veins for an infusion of the spirit or enterprise and progress which has been pulsing in the arteries of California and crowling her ahead of her neighbors. It is the .opening of a , ;. gateway through which will enter thousands who would not have come had it remained closed-thousands who will view w ith delight the beautiful and fertile valleys from the Siskiyops to the Columbia, and who if they do not make for themselves homes in Oregon, will tell of its advantages to ethers who will come to stay. To Ashland the passing event brings a distinction and a prominence never enjoyed. before and the honer of a visit from the chief representatives of the people, the great, railway enterprise, the business interests and the press of California and Oregon. In . so far as she nay and can, Ashland will extend to the visitors a hospitable welcome. They will be the guests of the railroad company here, as elsewhere on the trip arranged. for them, and perh&ps the most that can be fond here will. be to show{ as a town due appreciation of the importance of the event and swell the general chorus of jubilee. However far opportunity for hospitality may be found, however, Ashland may be found, however, Ashland may be counted upon to extend it with a hearty pleasure. Fg• 3 col. 1 Three Divisions The C &0. R.R. management front San Francisco to Portland is now divided into three divisions, with three managing superintendents to dictate the movement of all trains snd,,i " ,. engines. The first division extends from San Francisco to Red Bluff, and is operated Page 5 �' by the Sacramento office, the second extends from hed bluff to Ashland, operated by . t::e Dunsmuir office, and the third from Ashland to Portland, operated by the Portland office. These train dispatching offices are kept open day and night, where every conductor and engineer is required to stop and receive orders, giving number and description of cars comprising train, whether passenger, freight, construction, special or any other train. This arrangement will prove highly beneficial in pre- venting accidents, and getting trains through on better time, as the dispatching super- intendent keeps a chart, and knows between what stations every, train may be at a certaip time, by receiving telegrams over the railroad wire from everystation, of the arrival and departure of each regular train or special.--Journal. Pg. 3 col. b THE LAST SPIKE CENF.MCNIES .. The day set for the last spike ceremonies was Saturday, Dec. 10, (to-morrow) but unavoidable delay in track- laying made necessary a posteonement to Tuegday. of next , week, Dec. 13th, and unless further postponement be necessary the event will occur on that day. Following is the programme arranged: A train will come from San Francisco bringing about sixty persons, including the ; chief officials of the Southern Pacific, Governor Waterman of California, Secretary of State Hendricks, the Mayors of San Francisco and Sacramento: the Presidents of 'tie Boards of Trade and Chambers of Commerce of San Francisco and Sacramento, the President of the Board of Supervisors of San Francisco and a committee of four from each of the bodies, enumerated; several members of Associated Press and a number of representative newspaper men. The train is expected to arrive at Ashland soon after noon Tuesday. About noon the same day, a special train will arrive from Portland, bearing about forty persona$, among whom will be the railroad officials, the Govenor. and Secretary of State of Oregon and delegations of representative men from Portland, Salem and other points. The driving of the last spike will occur at the end of the new track south of Ashland depot, and the hour is announced as about 3:30 P.M. It is understood that there will be brief speeches by the Governor of California and Oregon and probably by some of the distinguished gentlemen present, and then Col. C.F. Crocker will drive the last spike ' page 6 �� by three strokes at intervals of ten seconds. Each strol:e will close an electric circuit embracing, San Francisco, ; acramento and ether cities in California,. and Portland Salem and other cities in Oregon, at each 11ace causing the firing of cannon and ringing of bells which will be signal for demonstrations in those cities. At the conclusion of the ceremonies the guests will be given a banquet on the special dining cars accompaning the trains. both parties will remain in the cars in Ashland Tuesday night, and next morning at 7 o'clock will start for Fortland, intending to stop for a short time at Medford, Grant' s lass, hoseburg, Eugene, Albany, Salem and other places on the way. On Wednesday afternoon an excursion train from San Francisco, consisting of eight or ten sleepers, will arrive in Ashland and stop here overnight, starting next morning for Portland. The members of this excursion w ill also be invited guests of the South- ern Iscific Railroad Comlany, it is understood-prominent and representitive business men and ethers from The California cities. They will go through to Portland and Puget Sound, and return past here about three days after going northward. The Celebration in Ashland Fursuant to special call of the Mayor, a meeting of citizens of Ashland was held at McCall' s Hall Monday evening, to take steps toward celebrating the last spike driving. Mayor Plills was. called to the chair and C.A. Mutley elected secretary. The chairman laid before the committee information received from Manager Koehler of the 0.&C. con- cerning the ceremonies to take I-lace here next Tuesday afternoon. On motion, a committee of six on general arrangements was apFointed, consisting of Dr. J.S. Walter, ch'n., Dr. A.%. Helm, W.B. Colton, Mrs. 0. Collidge, tars. J.M. McCall, Mrs. J.R. Casey. The meeting then adjourned leaving the matter in the hands of the committee. The committee communicated with the railroad Feople and inquired if a dinner to the excursion party would.be acceptable from the people of Ashland. It was announced that arrangements had been made for a banquet on the dining cars at the conclusion. of the last spike ceremonies here. The committee then concluded to expend their energies in decorating and illuminating the town on the evening of the eventful day, and to receive the delegations from California and Oregon each with a demonstration of welcome pa Pe 7 appropriate to the occasion. To make the necessary arrangements, the following sub-committees have been appointed; Com. on Decoration-C.F. Hasty, C.W. Logan, Mrs. 0. Collidge. Com. on Display of Froducts of Ashland and Vicinity-G.F. Billings, C.A. Nutley, E. K. Anderson, W.P. Hammon. Com. on Music-B.R. Willits. Com. on Finance- Gen. J.C. Tolman, J.T. Rogers, Judge E. DePeatt. Com. on Reception-Mayor and City Council. Speakers-Gen. E.L. Applegate and S.B. Galey. All citizens of Ashland are requested to illuminate their dwellings between the hours of 6 and 9 o'clock on the evening of the celebration. All who want to purchase Chinese lanterns for their own use in decoration can have them at wholesale cost by applying at once to Mr. Hasty. Arrangements'will be made to -ring all the bells in town on each tap of the last spike, as will be done in the chief cities of California and Oregon. The Mayor and City Council request all citizens of Ashland and the neighboring country who can to be present at the ceremonies, and extend a cordial and special invitation to all the people of all the other towns in the valley, and all the people in the valley to join with the citizens of Ashland in witnessing and celebrating by their presence these ceremonies which are of such importance and interest to Oregon. The end of the track is now about 341 miles from Ashland, but there has been no. progress for two days past, owing to a slide north of the summit, and an accident to the construction train, which was ditched this side of the slide, and had not been replaced on the track last evening. The whole force as engaged yesterday in efforts to clear the track where the slide covered it. It is possible that the date of celebration may have to be again postponed for a day or two. The new railroad buildings in Ashland will be erected as soon as possible after �. .: page, 8 9y the completion of the road. Work on them will not begin until the trains run through from the south, as all the building materials will be brought from that direction. A gentleman in from Linkville reports that no mail from this way has been received there this week up to Wednesday. The trouble is that the Frost Office at Ager' s is about one-fourth mile from the depot, and the postmaster has been tarring and making up the mails without any compensation whatever, under this reform administration. He grew tired of this, and just quit. No one else there had authority to take his place, and the mails have been piling. Nothing like economy and silver service reform. Supt. Filmore, of the S.P.R.R. who was up as far as Ashland last week, tells a San Francisco Post reporter the particulars of his trip, and says a new division has been formed, extending from Red Bluff to Ashland, call the Northern Division, and is put in charge of, A.F. George. George has been with us for quite a number of years and is an old train man. ASHLAND TIDINGS VOL %II N0. 27 Ashland Oregon Friday December 16, 1887 pg. 3 col. 5 THE CELEBRATION TO-MORROW ' Owing to bad weather in the mountains last week, it was found to be impossible to have the track completed by the 13th, day set for driving the last spike, and it was announced that the celebration and excursion had been indefinitely postponed. On ----•-- Tuesday at noon, however, the railroad managers decided to carry out the programme of the N celebration at Ashland to-morrow (Saturday Dec. 17th ) beginning at 2 o'clock P.M. ✓ The excursion train from San Francisco will leave that city today and arrive here to- .. morrow about noon. It will bring about eighty invited guests of the railroad company, and as many other excursionists as choose to buy tickets from San Francisco to Portland and return at $35 each. There will not be a second excursion train from San Francisco, as at first intended. The Oregon delegation will arrive to-morrow morning sometime, on a train which leaves Portland this evening. The ceremonies here, so far as known, will be as outlined last week, the excursion trains will remain in Ashland Saturday night and start next morning about daylight for Portland. page 9 �� 1 The local committees on celebration here are erecting an arch of welcome near the depot, and decorating the depot building, in which room has been secured for a display of specimen products of Ashland and vicinity. The committee request all citizens to light their houses as brilliantly and as completely as possible during the evening, and announce that Chinese lanterns for out-door effect may be had of Burckhalter & Hasty, at four, for 25¢. The TIDINGS suggests that a string of bonfires will be lighted, ' on the hill around and above the western part of the town. Nothing could be done to make a more effective illumination and give an attractive picture of the town site. The Mayor and City Council will be at the depot to receive the excursionists as they arrive. pg• 3 col. 3 All persons having claims against the C.O.&I. Stage Co., will please present them at the stage office as soon as the "last spike" is driven. Geo. Engle, Agent. pg. 4 col.. 3 .Improved Emigrant Cars The Southern Pacific has recently had a new kind of emigrant sleeping cars fitted. up at the shops for use on its lines. It is a decided improvement on the old cars. The upper berth are built upon Pullman plan and so arranged that they can be closed or opened at pleasure. The windows also are larger than those usually found on emigrant sleepers, while the lavatory conveniences are all that. can be desired. There is a sink for washing dishes; also large heaters over the stores, by means of which travlers can heat up their food en-route. It is intended to have similar ones built as soon as possible. ASHLAND TIDINGS VOL. XII N0. 28 Ashland, Oregon Friday December 232 1887 pg 1-col. 5 THE BUILDING OF THE TWO RAILROADS Brief Outline of the history of the Construction of the Two Railroads Joined at Ashland last Saturday. page 10 9L The following is principally collated from the complete review of the subject contained in the Oregonian of Sunday last, and from an article in Saturday's San Francisco Chronicle: The first steps taken toward the building of a railroad between Marysville, Cal., / and Portland, Oregon, were taken in 1863, and to S.G. Elliott the Oregonian ascrives the honor of having been the first to take active interest in the project. Elloitt and Geo. H. Belden made in 1863 the first survey from Red Bluff over the Siskiyous,to Jacksonville in Oregon. Col. Charles Barry was superintendent of the survey. And in 1864 the line was continued on to Fortland. Joseph Gaston became interested in the project, and through his efforts the legislature of Oregon was induced to offer the aid of the state to the extent of $250,000 to the building of a railroad from Portland to Eugene. This law, however, became void because its conditions were not complied with. Mr. Gaston went to Washington and endeavored to secure national aid, in which he was warmly supported by Congressman Cole, Gen. Bidwell of California, and Senator Geo. H. Williams, Gen. Nesmith and Congressman John R. McBride, of Oregon. The bill introduced in 1864 became a law two years later. It gave the land grant for the road from Portland to!' . some point on the Central Pacific in Sacramento valley. Two companies were incorporated... to undertake the Oregon part of the work. The Oregon Central Railroad Company, cc , -Portland. was incorporated in September, 1856. The original incorporators were: Jos. S. Smith, I.R. Moores, J.H. Mitchell, E.D. Shattuck, F.A. Chenoweth, Jesse Applegate, Joel Palmer; H.W.' ' Corbett, M.M. Melvin, Geo. L. Woods, R.R. Thompson, J.C. Ainsworth, C.H. Lewis, S.G. Reed, John McCracken, B.F. Brown, Tos. H. Cox and Jos. Gaston. In April 1887 another company was incorporated by John H. Moores, JAS. Smith, Geo. L. Woods, E. N. Cooke. . S. Ellsworth, I.R. Moores and Sam A. Clarke. It was called the West Side Company and the second the East Side Company. A struggle between them for the right to the land grant became an issue of the election of 1868, as the legislature was to decide, and page 11 97 and the Salem, or West Side, company was Victorions. GG Ground was first broken for the construction of the road April 16, 1886, I. R. Moores turning the first sod, Judge W.W. Upton and Hon. J.N• Dolph delivering the chief speeches of the occasion. The first rails were' laid Oct. 26, 1869, and the "first spike" jubilee occurred three days afterward. About 2000 people were present. Geo. H. Williams and John H. Mitchell made the speeches, and Rev. Josiah L. Parrish (who had arrived in Oregon May 20th3 1840) drove the spike. ti Ben Holladay, C. Temple Emmitt and S.G. Elliott associated together in September, 1868, to build the road to the California line. They disagreed and Elliott was forced out of the co-partnership. In March 1870 the corporation known as the Oregon Central Railroad Company was dissolved and a new company, the Oregon & California Railroad Com- �- pary, was organized, to which was transferred all the rights, franchises and property of the old company. The capital stock was fixed at $20,000,000, and work Was vigorously pushed under Ben Holladay's management. Salem was reached Sept. 29, 1870, Albany Dec. 25th of the same year. After some delay, Eugene was reached Oct. 9, 1871, and on Dec. 31 1872, the end of the track was at Roseburg. Here it remained for nine years. In a December, 18812 the work of extending it toward California was resumed under the man agement of the Oregon Transcontinental Co., Henry Villard, President. The trace reached, Ashland May 4, 1884, and the event was celebrated here with a speech by Gen. E.L:. Applegate and other ceremonies. In August following, the work between Ashland and the state line was discontinued. By the terms of the original land grant, either the Oregon or California road might . continue on to connection in -the neighboring state, and claim the grant as far as it builded. The Southern Facific; therefore,, after.having practically ovtained control of the Oregon & California road, continued its northern extension into Oregon, and made the connection here. Work was resumed in the Siskiyou mountains early in the spring of 1887, and the last spike was driven at Ashland Dec. 17,1887. f ' 12' page a F T Fri. Dec. 23, 1887 pg. 1 col. 5 THE CALIFORNIA & OIE GON (collated from the S.F. Chronicle) The California & Oregon Railroad Company was organized about the same time as the Oregon & California. Its chief stockholders were Stanford, Crocker and Huntington, of the Central Pacific. Their road was built from Roseville (the junction with the Central Pacific) to Redding, reaching the latter place in August, 1872, and Redding was the northern terminus for ten years. Work was then resumed, and in the fall of 1884 trains were running to Delta, 298 miles from San Francisco. Work has been crowded ahead rapidly since then, and early in the summer of 1886 Sisson was reached, 338 miles ' from San Francisco. The track was laid to Siskiyou summit in July last. Here a tunnel some 3700 feet long occasioned some delay, but work between the summit and Ashland was steadily prosecuted, and everything but .some.bridge and tunnel,work and the -laying of tte track was finished in the latter part of October. The rails made connection with the Oregon road at Ashland last Friday, Dec. 16, 1887, and the first train from California., (aconstruction train) was run upon the Oregon & California road. ' pg. 1 col. 6 THE CALIFORNIA TRAIN The train which brought to Ashland the 225 people who came to witness the Last spike ceremonies attracted a great crowd of people at Oakland before it started upon. .. . its journey Friday afternoon. The Chronicle describes it as follows: It consists of ten cars, headed by Engine 125, which is managed by the oldest engineer on the road, Phil Garrison. The cars are in charge of Conductor S.W. Scott. The first car after the baggage train is the kitchen car with all modern accom- modations. It has the regulation range, refrigerators, ice and warm water tanks, . shelves for dishes, washing tanks, and under the car storage chests for meats, fowl and game. It is in charge of three well known culinary artists. Next to this was the diningroom car, finely decorated with American flags. A new carpet gave a bright appear- ance to the interior, which was further enhanced by the bright frescoing on the roof and sides. Twelve stationary tables are arranged on the sides, leaving an ample passage way. Each of the tables can accommodate foXXrsons, making a total of forty-eight persons, who can be served at one time, and meals will be served at all hours whenever the appetite of the passenger will dictate. The diningroom and kitchen cars are connected with a vestible. The former is in charge of E.S. Dennison. Following the diningroom are the cars Santa Clara, E1 Monte, Santa Rita, El Rio and Modesto, for invited guests and passengers. All of the cars are new first-class sleeping Pullman Palace Cars, fitted up in the latest style. The eighth car is named the Tahoe and is reserved for special guests and the Executive Committee. The ninth car, called the Sacramento, is specially reserved for the press and General Supperintendent Fillmore. The last is the private car of Charles Crocker and contained that railroad magnate, Frank M. Pixley, F.F. Low and John F. Swift. Each of the last three cars have independent kitchen and diningroom conveniences, and the guests will be served independently of those who eat in the main dining room. This completed the train, as it steamed off at 4:30 o'clock yesterday afternoon. There were eighty invited guests and about 150 passengers. It is calculated that by the time the train reaches Ashland .it will contain 400 passengers. Just before the train left, J.M. Davis, Acting Secretary of the State Board of Trade, presented General Superintendent Fillmore, who has entire charge of the excursion, with a gold badge, on the obverse side of which are the initials C.&O., crossed with a spike. A similar badge will be presented to Governor Fennoyer of Oregon. Each of the invited guests were also presented with a small silk badge. ASHLAND TIDINGS VOL. XII NO. 28 Ashland, Oregon Friday, Dec. 23, 1887 pg. 2 col. 1-2-3-4 LAST %IXE DRIVEN The Great Coast Line of Railway Completed at Last---Retort of the Cermonies and Speeches ---Ashland' s Fart in the Celebration. The driving of the golden spike which formally signalled to the world the completion of the great railway enterprise just consummated by the pioneer railway builders of the Pacific Coast was accomplished last Saturday. It was a momentous day for Ashland, and . our people, who pride themselves upon the sunny clime of Southern Oregon, were praying page la too for a pleasant day, but the weather bureau, with a deaf ear or stony heart, refused to grant their supplications, and a miserable, cold foggy, cloudy day dampened their spirits to some extent. The train from Portland arrived here at 10:20. It consisted of the Pullman cars, Roseburg and Triumph, Henry Villard' s private O.R.&N. car, which has been four years . in building, and a kitchen car. Supt. Brandt, from the 0.&C., assisted by Mr. Fields, train dispatcher, had charge of the excursion, with Stan Conser as conductor. Geo. H. 4. Andrews, Secretary of the 0.&C., was also aboard. The gentlemen aboard were the Fortland reception committee, Viz; Mayor Gates, Donald ., Macleay, C.H. Dodd, F.K. Arnold, Geo. H. Durham; Henry Failing, O.F. Paxton, M.C. George., C.M. Forbes and J.D. Wilcox. The guest of Manager R. Koehler were J.W.Whalley, R.F. Earhart; John McCrakens C.A. Dolph, J. Lowenberg, C.N. Scott, C.J. McDougall, F.R. Melis, J.C. Carson, R.M. Dement' :' ,-;;. ., N.J. Levinscan, .W.W. Bretherton and Chas. H. Kittenger, Secretary of the Seattle .Board :='',1 w of Trade. The guests from Salem Were Governor Pennoyer, .State Treasurer. G.W. Webb, ;::.;;, Supreme Judges W.P. Lord and R. S. Strahan, Mayor Wm. Ramsey and J•H. Albert. The other guests were the following mayors: E.C. Wheeler, East Portland: E.L. Eastham, Oregon City; J.K. Weatherford, Albany; F.B. Dunn, Eugene; H.C. Stanton, Roseburg , F.W. Van Dyke, Grant's Pass; D.R. Mills, Ashland; Dr. R.A. Bailey, Hillsboro; Roswell , Shelley, Independence; Jacob Wortman, McMinnville; J.O. Wilson, Corvallis; also Prof.:; F.J. Hawthorne, Eugene; Judge P.P. Prim and Chas. Nickell, representing Jacksonville; J. D. Whitman representating Medford, and Hon. W.D. Fenton, McMinnville. The guests were welcomed here by the mayor and members of the city council of Ashland and with music by the Ashland cornet band, and most of them left the care soon for a stroll about town. The train from the south, consisting of eight Pullman coaches and three baggage and dining cars left San Francisco Friday afternoon, carrying _ .the railroad representatives and their guests, and a number of other excursioniats. ' It vas under the personal supervision of J.A. Fillmore, general superintendent of the Southern Pacific system, Charles Crocker, one of the builders of the first tianscon- tineutal road. Wm. H. Mills, also of the company, and representative of the California ' .. page. ls /o! State Board of Trade, was aboard, as also was Richard Koehler, manager of Oregon & California road. Among other representative gentlemen on board were Mayor Gregory of Sacramento, Mayor Hadley of San Diego, Mayor Davis of Oakland, Horance Davis, Colonel John P. Irish, G.K. Fitch, Frank M. Pixley, George W. Chesley, George W. Sanderson and William T. Garratt. The list of invited guests also included representatives of California • . ` . State Board of Trade and other leading commercial bodies of California. The train was due in Ashland at 2:30 P.M. and the ceremonies were to begin immed- iately upon its arrival, but delays at different points made it late at the summit, and the run from tunnel 14 to Ashland over the newly-laid track was necessarily so slow that it was nearly five o'clock when Ashland was reached. The point of connection of the C.&0. and 0.&C. tracks is about $00 yards south of Ashland depot, and there the expectant crowd-numbering over 2000 people-had congregated - before two o'clock, and on the damp ground, in the cold north breeze the waiting became physically uncomfortable, but. general good humor and determination to wait till morning, if necessary, prevailed. At about 4:30 the pilot engine rolled in, closely followed by the excursion train, and the waiting crowd sent the air with prolonged cheers of welcome, Darkness was. gathering, but it was determined to go through with the programme as announced, and"the excursionists quickly debarked and crowded about the point of interest. On a vel-y small ` improvised platform a table was arranged for the speakers and floor accommodations for the reporters. The table was on the opposite side o£. the track form the :.spot is which T the driving of the spike was to be•_done i4nd in:the:hurry, Charles Crocker performed his part of the ceremony amid considerable hubbub and informality. Mr. Crocker, taking ' the golden spike and silver hammer, which had been used before on a similar eventful occasion, spoke as follows: "I hold in my hand the last spike. (cries of "Hold it up") With this golden spike­ : I propose now .to unite the rails between California and Oregon, _and I hope ,it will:be the means of cementing the friendship of the two States and make them as -one people. -, '' (Applause.), These two States are geographically and topographically. united and I hope the people of California and Oregon may �Opage 16 ,,',' always maintain their freedom, maintain their public schools and maintain everything that concuces to their halgiiness and virtue." The taps of his silver hammer, sent the electric current to fire the cannon, and ring the bells of the chief cities of the coast, and then the speaking began. Wm. H. Mills in an appropriate speech introduced Hon. Horance Davis, of California, as Pres- ident of the Day. Mr. Davis remarked that the blows just struck by Mr. Crocker had the cannon and rung the bells in San Francisco and Portland, and that the ceremonies celebrated the binding of California and Oregon together in bonds of indissoluble union. He then called upon Rev. F.G. Strange, of Ashland to invoke the oivine blessing upon the event. Mr. Strange offered prayer as follows: Great God, our Father, we acknowledge thee as the giver of all good, the source of all wisdom, power and riches. Thine are the hills, the mountains, the valleys, with their untold wealth of resources, the silver, the gold and the iron. We thank thee, oh God, for this very interesting occasion, which has brought together so many representative citizens from these two great states, Oregon and California. We thank thee for this com- pletion of the iron band that encircles our great nation, and may it represent the bond of union by which we as a people are cemented together. We thank thee for all the institutions, commercial, industrial, educational and religious, our railroad and other enterprises, whereby we are made great and strong as a nation and may we never forget, 0 Father, that thou art not so much pleased with the strength, *the skill, the learning, the wealth of man as thou art with the fear and love of heart. Bless, we pray thee,, • this assemblage and these important exercises, and we will give thee all the praise now and overmore. Amen." Gov. Pennoyer of Oregon was then introduced, and spoke as follows; Gentlemen of the various municipalities of California, and fellow citizens: It is proper at the completion of a great work of this character which completion has just been signalized by.driving the last spike which connects the Oregon and California with the California and Oregon railroad, and which now for the first time in the history of these two states brings them into close overland commercial intercourse, that the Page 17 �� representatives of such states should meet, as we are now met, to exchange congrat- ulations over the event and extend the right hand of fellowship and friendly greeting. Representatives of California, we have now upon our own soil bid you a right hearty welcome to Oregon, coming as you do to celebrate the completion of the railroad which will hereafter bind the two states in bonds of more intimate business relations. These states have heretofore been separated by a formidable mountain barrier, and the only practicable means of intercommunication has been by way of the open sea. Energy, perseverance, and capital, deserving of high credit, have now practically removed this barrier, and from this time foward, the people of the two states will be placed in nearer social and commercial fellowship. The people of Oregon and California have every reason to feel kindly towards each other and to make every effort to still further strengthen their friendly connections. For nearly forty years California and Oregon have been the only two of the American sisterhood of states whose homes have been far removed from the others. .: For years the people of these states were removed from their friend in the other states by a vast stretch of mountain and dessert waste, and their most speedy means of inter- course were by the long and tedious travel by sea. Thus jointly isolated from .the ' people of the other states they have always regarded themselves as neighbors and friends, although they, themselves, were separated from each other by the lordly range of_the Siskiyous. And now, as in the completion of this interstate railroad the means"of commercial intercourse will be greatly increased so may the feeling of amity still further be strengthened. The citizens of Oregon, as I am assured the citizens of Calif ornia do, welcome every improvement which will have a tendency. to subserve the business interests of both states, and the citizens of both states can and do welcome them as can the people of northern portions of our country for the reason that for long years they felt the need of them by their deprivation. The early pioneers of Oregon and California who were here a quarter of a century and more ago, who came to this country by the tedious route by the sea or the plains, and who fore going years have lived in comparative isolation, rejoice at all such improvements. They most heartily welcome any and all page 18 101 advances in the means by which their produce can reach the market, and hence they do, as we all do, rejoice over the completion of every new avenue of commerce which is opened up within our state. These avenues should be for the mutual benefit of .all. They should be for the benefit of those who build them, as well as for the benefit of those who patronize them, and under wise and wholesome regulations they can be so. Let us all then join in congratulation upon this auspicious occasion which is destined to mark a new era in the history of the two conjoined states. Let us hope that this enterprise just now completed may be advantageous not only to the projectors but also to the patrons of the road. Let us hope now that the mountains wall of partition between the two states has been virtually removed that they may as one people move irresistably forward in all the laudable pursuits of a higher civilization, that they may have no other contention but that which prompts each to outdo the other in all those efforts which tend to expand the wealth and dignify the condition of all classes of its citizens and diffuse among all, the inestimable blessings of a just and free government. Mr. Steffens president of Sacramento Board of Trade, made an eloquent speech, and following him, came--Frank M. Pixley, The brilliant editor of the Argonaut, was called for and responded in a speech of which the following is but a partial report: "Fellow-Citizens, Ladies and Gentlemen of the Commonwealth of Oregon; Friends and Fellow-Citizens of the State of California: I stand here to-nitht to congratulate yqu on the achievement of one of those great peace triumphs-one that, more than any other, ought to be seteemed by California and Oregon and their people, because, next to the union of the great transcontinental roads, the Union and Central Pacific, that inaugurated the first continental line that united us with our Eastern Friends, the consummation of this achievement is of the greatest importance and to us a more interesting event. The governor of your commonwealth in graceful and beautiful language has referred to the page 19 1 D� fact that the two great empire states here upon the margin of the Pacific have been separated by the great chain of the Siskiyous. We, with our fair valleys to the south- ward, and you, with your Rogue river valley and your Willamette stretching far away to the north, have each been yet an unknown and ununited people. "It is true, Ladies and gentlemen, that we of California know less of you of Oregon, less of your social tastes, less of your political agitation, less of the matters of interest that concern you, than, we know of any other state in the American Union. To-night we have united these great highways of travel, so that you people of this little .country village of the mountains find yourselves from to-night henceforth and forever members of the great family of civilization, the great family of nations. These two railways united constitute the longes stretch of railroad that is under the management of a single ownership and under the control of a single corporation. They unite two of the most beautiful countries on our continent. I have been through your valley of the Wilamette. I have to day for the first time seen your beautiful valley of the Rogue river. I am conversant with our outspread valley on down through to Sacramento and San Joaquin. By this road you will take the palace cars with your wives and little ones, .avoiding the tempests, the storms and dangers of the ocean that beats your rock-bound coast, and-you will lie down in the night in safety, from these beautiful valleys to your respective destinations, whether upon the Columbia or down to the city of New Orleans, where this road ultimately ends." Mr. Pixley then dwelt upon the feature of American progress, as illustrated in the work . of the pioneers of the West, and contended that liberty and progress with such a people could never stemmed.' M.C. George's Speech Hon.. M.C. George spoke as follows: In behalf of the citizens of Portland we have come to this frontier of our state to extend our most cordial greetings to the distinguished citizens of our fair and elder to extend our most cordial greetings to the distinguished citizens of our fair and elder sister-the city of San Francisco and to the citizens general of the state of California. page 20 '� The occasion is one of great significance. The completion of a line north and south is a new and important event. Generally lines of commerce have followed latitudes rather than longitudes. Many illustrations of the truthfullness of this assertion are afforded in the world' s progressive advancement in commerce, yet not without notable exceptions. While we have had the Union and Central Pacific, the Southern Pacific, the Atlantic & Paci- fic, the Northern Pacific and the Oregon Short Line, with other eastern contemplated roads fast approaching, yet now for the first time we are to have a through road north and south along our Facific coast. Hitherto in transcontinental routes the East has successively greeted the West; but now comes the South along an iron pathway also, that she may extend a fraternal band to the North. She bears upon her bosom the fruits of her sunclad hills and the wealth of her fertile valleys. She comes to mingle the products of the semi-tropics with the tributes of a northern temperature, and varied and vast, and vital will be the life and trade that will spring from this unity. Along this distant shore is now laid an iron band that is to bind the states of .the-Pacific in indissoluble bonds of commercial. unity. Here the iron horse, ceasing his west ward course must turn either to the north or to the south. Here is net age ever-rolling billows of the sea, and here on our golden shores the sunset of the Occident will tint forever the sunrise of the Orient. It is now a day for rejoicing and for mutual congratulations, for I might be per- mitted to take occasion to say that we not only congratulate ourselves with having this intimate acquaintance with California, but with us. Here the average Californian, especially at this season of the year, can bathe his fevered brow with the gentle dews of an Oregon winter that fall alike upon the just and upon the unjust. We want you to come and trade with us and, to be frank about it, I might as well say we want your coin. Of course we will render you a value received and you can rely upon it that we shall stand by you so long as you have a dollar. e We feel fellow citizens, that our interests are mutual and that they are now welded together as they never were before. From now on with hands clasped, in generous com- petition, the Queen City of Columbia, which I have in part the honor. to represent, enters the race for commerce with her athletic competator of the Golden State. .. . . ... . na as 9l 10 / Portland is a young giant, however, whose purpose is to struggle for supremacy in a war for .commerce. We are stripping for the race, yet it is for that "benevolent" rivalry that develope all and injures none. And now in the spirit of commercial fraternity and good fellowship, we again offer you our hearty and sincere welcome. Donald Macleay- President of the Portland Board of Trade, spoke as follows: Gentlemen of California-I have rarely been called upon in my official capacity as president of the board of trade of the chief commercial city of. Oregon to welcome business and social friends under more auspicious circumstances. We have met to day to celebrate the completion of the last and most important link in the iron chain which binds together the two great commonwealths of the Pacific Coast of the American Union, enabling us to grasp hands in neighborly greeting, and facilitatiating the ready interchange of the rich and varied products of nature, with..which California and Oregon have been so lavishly endowed. Biewing the matterfrom the practical standpoint of a .merchant engated in the active handling and interchange of such products, I am stuck with the great advantages which this road offers to the two states which it connects, and especially with the benefits to be derived by Oregon from a connection with a strong and well managed system.of rail- roads binding us to the East and linking the waters of the Pacific ocean with those of the Gulf of Mexico. It is well-known to you all that the natural productions of Oregon and California supplement each other to a remarkable degree. Each state produces of excela in fruits or vegetables in which the other is deficient. When you need timber to build' your towns and cities you come to Oregon. When we need the golden fruits of the tropics of the more homely, but useful products of a milder clime, we call upon the never-failing plenty of California. To Oregon, as I have said, this new road holds out the promise of especial benefit. You will recall that for long years we were put off from the rest of..the Union until.':,, the completion of the first transcontinental railroad, in 1883, brought us into connection:.:. . with other members of the great sisterhood of states. The increase of immigration-con= Sequent upon this has been marked and beneficial, but has been only a drop.ia.atie:buc&et ' ,,Ary page 22 log r Portland is a young giant, however, whose purpose is to struggle for supremacy in a war for commerce. We are stripping for the race, yet it is for that "benevolent" rivalry that develope all and injures none. And now in the spirit of commercial fraternity and good fellowship, we again offer you our hearty and sincere welcome. Donald Macleay- President of the Portland Board of Trade, spoke as follows: Gentlemen of California-I have rarely been called upon in my official capacity as president of the board of trade of the chief commercial city of Oregon to welcome business _ and social friends under more auspicious circumstances. We have met to day to celebrate the completion of the last and most important link in the iron chain which binds together the two great commonwealths of the Pacific Coast of the American Union, enabling us to grasp hands in neighborly greeting, and facilitatiating the ready interchange of the rich and varied products of nature, with..which California and Oregon have been so lavishly endowed. Biewing the matterfrom the practical standpoint of a merchant engated in the active handling and interchange of such products, I am stuck with the great advantages which this road offers to the two states which it connects, and especially with the benefits to be derived by Oregon from a connection with a strong and well managed system-of rail- roads binding us to the East and linking the waters of the Pacific ocean with those of the Gulf of Mexico. It is well-known to you all that the natural productions of Oregon' and California supplement each other to a remarkable degree. Each state produces of excele in fruits or vegetables in which .the other is deficient. When you need timber to build your towns and cities you come to Oregon. When we need the golden fruits of the tropics of the more homely, but useful products of a milder clime, we call upon the never-failing plenty of California. To Oregon, as I have said, this new road holds out the promise of especial benefit. You will recall that for long years we were put. off from the rest of.the Union until.'_,. ;. the.•completion of the first transcontinental railroad, in 1883, brought us into connection' .. with other members of the great sisterhood of states. The increase of immigration-con- sequent upon this has been marked and beneficial, but has been only a drop in the.bucke.t ` .,•.S page 22 '� / in comparison with that which this great Northwest is capable of assuming and providing homes for. The route of the Southern Pacific railway through our richest valleys and most'fertile fields now meets and fills the want and offers a channel for immigration which I devoutly hope and believe will, be filled to the utmost capacity. But the completion of this road will be of advantage to us in another way. For . some time past the increase in wealth and production of the state of Oregon has enabled `' ;' '.? j us merchants to reach out into new fields. This extension of our commercial boundaries has been most marked during the past two years. We have reached out to the east and north, and we now seek to extend our trade to the south and east. There is no reason why we cannot supply salmon to New Orleans and other articles to markets which will readily suggest themselves to you. But, gentlemen, it is not my desire to preach a homily upon dry matters of business.. I am rather inclined to welcome you as friends to the green valleys and fertile fields of Oregon, and to assure you that our people, one and all, are heartily glad that you ' are with us this day. .. . John P. Irish Col. J.P. Irish, of the San Francisco Alta, was loudly,called for, and appearing', `. spoke as follows: Mr. President and my fellow-Citizens of Oregon and California, because we are Fellow-Citizens: Sargent S. Prentiss, the great orator of Mississippi, speaking once in`" a Northern town, rose and said: "My fellow-citizens:. because, Mississippian though' . I am, I thank God in any heart that every man in the Republic is my fellow-citizens.' There have been four or five speeches made here by Californians, and only three Oregon' Speeches, and I am going to expatriate myself and speak as an Oregonian. (Applause) I intend to see that Oregon has a fair show. I will not detain you because I speak without preparation or expectation that I would be called upon. Neither our presence or our proceddings here today can add any significance to the event which has called us :, together. This railroad is built not to bring civilization to you men of Oregon;-'for page 23 buut this railroad is built that there may be brought to you the ,lion of the work your pioneers have wrought. tccessive stage of the history of a State the pioneer must never be forgotten, courage, his boldness, his devotion, his love of wife and children his desire for them a home, have made him, from the Atlantic to the Pacific, the conqueror e wilderness and the founder of States. So I say, my fellow-pioneers of Oregon, .ause in feeling I am one of you, these railroads that are built are built to bring the world's appreciation of the work of your hands, that is displayed all along these mountains and in these valleys, and in the cities that you have builded. In California we had earlier communication by rail with the East than you, and it has brought to us many things that are dear and desirable to all men and- to all women. It has brought the requirements, as well as the comforts of life; it has brought those invaluable things that are woven upon the loom of civilization; those things that follow the labor and toil of the pioneer and realize his dreams of the past, which make him the first settler of the wilderness. Now California and Oregon are united. At last this Pacific empire is bound together by iron, and I hope that the two States will move forward shoulder, to shoulder, untill we show not only this republic, but the world, that the men who have the courage and the heroism and the industry to endure the privations of pioneer life upon this coast are capable of building up the richest, the noblest, the greatest, and the freest, community on earth. To a race of that kind we invite you of Oregon and of California. It is a race in which there is no competition that gives room for ill teRper, and it is a race that both States can win, and of the winning of which both States can enjoy the benefit. I hope on some future occasion to visit the people of this noble State of Oregon, which from this time I accept as my adopted State. God bless her- root and branch, mountains and valleys, rivers and sea coast, men, women and children. God bless them all and God bless Oregon." A Speech by Crocker In response to loud and repeated calls, Mr. Charles Crocker appeared upon the scene and spoke as follows; Fellow Citizens: I feel proud that I am able to get upon as high a table as I could forty years ago. I am 65 years old, and it is pretty hard climbing on top of a am very much gratified at seeing so many people of Oregon California met 'this evening to unite this great railroad system. There was one thing which of to say when I held that spike up- that it was about to unite the cities of gland and New Oreleans by one continuous line of 'railroad controlled by one organi- i ,ation-and I believe it is the longest line of railroad controlled by one organization in the world. It is 3336 miles long-one continuous line which branches 5000 miles in length. I feel proud that I can say that I have been associated with the building of this line from its commencement, and I am getting pretty tired of it; but I donit know but I will take a contract to build that road that Mr. Hoar has got started toward Alaska. Good night all. A poem "The Wedding of the Rails," was read by the author, Mr. Phelps, of San Francisco, and was received with applause, following which Rev. H.F. Statchwell of The Ashland M.E. Church concluded the ceremonies with a benediction. Gov. Pennoyer received the following telegram: EX. DEPIT. STATE OF CALIFORNIA, Sacramento, Cal., Dec. 17, 1887 Sylvester Fennoyer, Governor of Oregon, Ashland: It was my earnest desire to be a participant in the ceremonies attendant on the great event which today marks an era in your growing and thriving state, uniting it as it does in the closest bonds of friendship and affection with the advancing commonwealth which I have the honor to represent. Business, however, of an important nature, and which could not be delayed, necessit- ated my declination of the proposed trip, and hence it is that I offer you my congratul- ations heartily and sincerely on this occasion, in this wise, not being permitted to express to you in person my delight at the consummation of the grand enterprise that awakes the most unbounded enthusiasm among all classes of our citizens. I sincerely hope the great civilizer of the World, the railroad, will contrivute to the success of the best interests of Oregon as it certainly has done for California. I again congratulate Oregon on the occurrence they now celebrate. Permit me to offer yourself my warmest personal esteem and consideration. R.W. Waterman,' ' ' Governor of California The excursionists were served with a banquet in their respective cars, and at its con- clusion the Oregonians and Californians mingled in social union and exchanged greetings and mutual congratulations. The City of Ashland had erected a handsome arch of welcome, spanning the chief avenue leading from the depot to the town. It was profusely decorated with evergreens, and bore in addition to the work "Welcome" an emblem representing the joining of Oregon . , and California as two links of a solid chain. At dark the city was brilliantly ilium- inated and presented a handsome appearance. Many residence houses look beautiful with numerous jets of light at every window, the most conspicuous being those of Gen. McCall, Messrs. Roper, Willey, Dr. Walter and others. Most of the stores and business houses were also dazzlingly lighted, and numerous chinese lanterns about town lent picturesque brilliancy to the scene. At the passenger depot, G.F. Billings with his willing corps of assistants had arranged a most attractive display of the products of Ashland and vicinity, including choice fruits and bug vegetables, Indian corn and the small grains, various mineral specimens and unique natural curios of various kinds. It was a feature of the occasion highly appreciated by the California visitors. At Granite hall the devotes of Terpsichore were afforded an opportunity for enjoy- ment in that line, and many of the visitors were attracted thither and participated. Sunday morning at daybreak the trains started for Portland, and en route made stops at the various towns and cities in accordance with the programme as heretofore given . in these colums. pg. 3 col. 2 A force of about a hundred Chinese will be needed all winter on the railroad between Ashland and Siskiyou, to gravel the road-bed, and keep the track in condition. Pg. 3 col. 2 The local and general news colums of the Tidings are encroached upon this week by the celebration report, but such a celebration never occurred here before, and it never can again. .Page 26 I`'$ pg. 3 col. 3 The Western Union Telegraph Co. will commence the building of an entire new line next spring, via the railroad route from Redding, and thence along the Oregon railroad to Portland. It will be built through Yreka also, in view of the branch railroad connec- tion to be made with this place. (Journal) Pg• 3 col. 3 The completion of the Oregon and California line has caused some variation in the passenger tariff between San Francisco and Portland. In consequence of some further reduction in the Pacific Coast Steamship Company' s reduced rates, the Southern Pacific have brought their rate for first class down to $20 and second down to $15 the rates now ruling on the Pacific Coast Steamship Company being first class $16, second class$8, including meals and staterooms. For the round trip the rate is $30. pg. 3 col. 3 Seven tramps boarded the regular outgoing express at Portland for California at 4 o'clock Friday afternoon, but were discovered and put off at the carshops, two miles from the city. Two hours later the special train for the spike-driving celebration stopped a few minutes at the shops. The tramps again crawled under the cars and settled themselves upon the brake-beams. The train started suddenly, throwing three of the men off. One was horribly and probably fatally mangled. He said that his name was-John Lynch, and that he came from Bridgeport, Conn. He had been drinking. pg. 3 col. 3 Two of the most expert telegraph operators in San Francisco were sent up with the last-spike excursion to wire the report of proceedings and speeches to the Associated Press office in that city. They sent 159441 words -over the line between 6 o'clock P.M. and 3:30 .o'clock A.M. and had some trouble too, with the wires. pg. 3 col. 4 VALE STAGE COACHING The last trip of the stages on the line between Ashland Siskiyou was made Friday, and the veteran driver, Dan Cawley, who drove the first coach.of the old line over the. Siskiyous, claimed the honor of coming into Ashland with the last coach. The other drivers of the trip were Messrs, A.Smith, Charley Laird and Frank Hovey. ' The first stage was run between Yreka and Jacksonville in 1856, making three trips per week. The California Stage Co., (Geo. Thomas, Supt.) were its proprietors, and Dan Cawley was its first driver. For a year after the stage started the mail was carried on horse- back by other parties, and arrived at Jacksonville only once every two weeks. In 1858 a daily stage was run through from Portland to Sacramento. In 1872 Barlow Sanderson & co. secured the mail contract on the route between the C.&0. and 0.&C. railroads, and Col. Stone has had the management of the business during the past few months and will wind up its affairs here." Dan Cawley has been driving at different times on the line.. mostly south of Yreka of late years, and since March 1st has been one of the regular drivers coming in to Ashland from the C&0 R.R. terminus. As the six-horse stage coach, imposing in its day, crowded off the trail the saddle- 'horse and pack-mule conveyance, it in turn is driven off the Siskiyou route by the big engines and sumptuous palace cars of the Southern Pacific railroad. The trip over the mountains between California. and Oregon will no longer be invested.wi.th the steep grades, stories and scenes of highway robbery and views of grizzly bear tracks in the road. pg. 4 col. 2 HAPPY TRAIN MEN The salaries of the conductors on the road were on the first of the month, advanced from $85 to $100 per month. The frisky "brakie° also comes in for his share in an advance from $65 to $80 per month., This advance is certainly merited by many for the train men, and will undoubtely be fully appreciated. (Sisson Herald) ASHLAND TIDINGS VOL. XII NO. 29 Ashland, Oregon December 309 1887 pg. 2 col. 2 THE NEW RAILROAD (San Francisco Alta) The excurion of Californians to witness the driving of the last spike on the California & Oregon road was suggested by the Alta, and carried out successfully by the state board of trade. That organization took charge of affairs and secured a representation in the party from sixteen counties. These representatives were drawn foom every leading industry and profession in the state. They are men who have been page 28 ' 'ts diligent in their business and are 1'it to stand before kings. Each in his way, they have created this new California, which is pushing its rivalry against the sunny side of Europe, for on this continent it has no competitor; and by reason of its products, which dependent upon a unique climate, differ from all others it has no home jealousies. The experience of. this representative body of Californians has made them wise in estimating the capacity of a country, and so they went to Oregon as a jury of experts to see what is the promise of commercial advantage to follow the railway union of the state. Since Oregon passed her plastic stage and became dry land, and her mountains were raised and her rivers received their appointed channels, she has never passed a keener inspection than under the eyes of these gentlemen. We do not say they went there expecting to find a rival, but we know they returned feeling that they had at last dis- covered at our own doors a region capable of the most valuable reciprocal trade. Oregon produces what we cannot, or what we will not because of other utilities in our soil which are better for us to follow, and California produces what is physically barred to Oregon, or what there would be lesser utility in the soil and therefore undersirable. It is as if in adjoining fields it were discovered that in one grow cane and cotton, rice and tobacco, and in the other corn and wheat, oats and rye,, £lax and hemp and fruit, Such a situation does not imply commercial rivalry, for it is the best.field for mutual commercial products. Such is the .relation of Oregon and California as discovered by these keensighted citizens of this state. We must her draw much from Oregon and she must draw much from us. But, let it be remembered that this railroad has not merely given us Oregon for these commer- cial exchanges. It has opened the north. Look at the map and see over what a tedious- voyage by sea or journey by land Oregon, Washington territory and British Columbia had to seek the products of California. Look again and see that the reciprocal con- ditions which begin.in Oregon are heighteded as you go north, that more 'and more of what we want is produced, and so the demand for what we have to give is increased, and the commercial outlook rises with the increasing perspective. When the Canadian Pacific is tapped, which event is not far away, San Francisco will be near the center of all rail communication from New Orleans to Winnipeg. I �� Page 21 And when stubborn Manitoba has finished her road to the north, we will be on a belt railway from the Gulf of Mexico to Hudson' s Bay. The view is inspiring. It should tempt our young men into commercial life, for here is to be the great commercial ente - prise and the world' s best field for commercial genius. With a continent behind them and an ocean at their feet, San Francisco and Portland have and enviable destiny. pg. 3 col. 1 T•E RAILROAD PROSPECTS Mr. E.P. Rogers, general freight and passenger agent of the 0.&C. R.R., has been at San Francisco for a fort-night or more in conference with the Southern Pacific managers over the new freight and passenger rates for the completed road. He returned to Portland last Monday, and the Oregonian says: "He reports that despite the stormy weather and the fact that travel during December is everywhere very light, the through passenger business between Portland and San Francisco is steadily increasing. It is not unlikely, judging from the present outlook, that two through trains daily will be neces- sary before summer in order to accommodate the travel. The freight tariffs are in the hands of the printer and will be ready for distribution among shippers in a few days. Through freight trains will not be put on for several weeks, bet any freight offering will be i handled by a"swing" train running between Hornbrook and Ashland." Four trains and some three hundred men are employed in ballasting the new track south of Ashland. pg. 3 col. 2 Ballasting of the new track south of Ashland is progressing rapidly. Coarse, decomposed granite rock is used. It will make a solid road-bed, but will wash more easily than heavy gravel. Pg. 3 col. 3 The railroad managers have been doing a vast amount of work on the road over Siskiyou mountain, in the way of ballasting, strengthening banks, fill, etc., and trestle work, since the excursion train passed over a week ago, and it is now believed that stages will not be needed, unless some heavy slides or snow storms occur. The . road men employed are anxious however, to have a heavy storm, in order that the road may be. tested, and repairs or improvements made, while the present large force of three ,� 7 to five hundred men can be set at work on shortest notice. (Journal) pg. 3 col. 3 The December number of the West shore brings us as a supplement an interesting picture representing the difference in overland travel from Fortland to San Francisco in 1867, when the time was 184 hours, and the fare, $65, and in 1887 when the time is 37 hours and the fare, $e20. The first era is represented by a scene familiar to trave- lers over the Siskiyous in early coaching days-six horse coach ascending the heavy grade. all the passengers walking and the men helping the coach along. The present era is represented by a view of a train issuing from the summit tunnel of the Siskiyous. pg. . 3 col. 3 A new schedule of through freight rates from San Francisco to Fortland over the C.&O. and 0.&C. R.R. has been announced, but as yet no through freights will be accepted, owing to the unfinished condition of the new road between Ashland and Siskiyou'. The rates are-scaled just five cents per hundred Founds higher than the O.R.&N. steamer rates between the two cities. The first-class rate. is 80 cts. per 100 lbs; 2d class, 70 cts; 30 class, 65; 4th class, 45, and so on down to 30 cts. per 100 lbs., for the lowest classification. Local rates are not yet announced. With the road once in good condition for fast running, we may expect to see vast quantities of through freight carried. page '31 F OREGON GEOGRAPHIC NAMES " ; Lewis A. McArthur t. .4 A. SISKIYOU the 'name Siskiyou as applied to a post office did not appear Py ' s until April, 1895, well over a half a century after Hudson' s Bay Company P , Y Y P n3' :� trappers had named the pass through the Siskiyou Mountains. The compilefil:„r"r1, -does not know the exact location of the first Siskiyou post office, which was in charge of Alice E. Ager, but for many years this office was near the Southern Pacific Company station Siskiyou at the northeast end of the Siskiyou tunnel and .very close to the Pacific Highway. This post office was closed October 31,1932. The compiler has been asked about where the golden spike was driven on completion of the Siskiyou line of the Southern Pacific Company. In March, 1947, G.H. Kilborn, superintendent of the Southern Pacific Company's Shasta Division at Dunsmuir had a search made .of the old records and reported that the golden spike was driven on December 17, 1887, at about 5:04 P.M. on the east side of the track at the south end of the- Ashland yard at i . mileage 428:8. The spike was driven at survey station 1154+05. The driving of this spike completed the Siskiyou line -of the Southern Pacific. r.. �`• is i� 5.• 1F. 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I was. T watched the entire hearing 9n cable..._. As you know--and heard again last night, there has long been a desire to get at least two blocks of the railroad property designated as a.park. But because of the failure of. the open space funding measures, this has not yet happened. I and, I believe, other parks commissioners have been in conversation3 with residents of the railroad district area concerning this matter. It is my intent to ask the full parks commission to formally reaffirm our support for a railroad district park at our next meeting. It will be held Wednesday, April 29, at 7 p.m. in the parks-rec office in upper Lithia Park. I_must•sAk.-that -1 was 4uife-.disturbed by one comment made .last night by the applicant. She indicated that she never heard.-any mention of a proposed park in all of her conversations with city staff. . I don't see how this could possibly be true. Either her memory is very bad, or staff was derelict in the its performance of its duty to represent the citizens of Ashland when discussing the Land in question with the applicant.. rW#1V fhe park showing on the comphrehensive plan, and with all the.'.discussion about open space over the'past couple years or so, I don't see how the topic could have been avoided. I prefer to think her memory is bad. Perhaps staff ;dould be asked about'-this when you resume the public hearing on the ddidlopment at your next meeting. Thank you 'very much for your attention to the concerns of the residents of the railroad district and your effortsuo be fair to both them and the applicant. Sincerely, cc: John Fregonese �63^^— Jim Lewis Thomas W. Pyle Parks and Recreation Commissioner 571 South Mountain Ave. AshlAd, OR 97520 City; :[ Aland Plang xhibit nien 3 A# 1- ros 77 Sixth Street Ashland, Oregon Ashland City Planning Commission I am submitting this brief statement in support of several other presentations on the subject of the Railroad District Park . My wife and I , are recent additions to the district, although residents of Ashland for several years . Our decision to establish our residence in the district is an obvious indication of our belief that the district is an excellent residential area and results in our interest in the park concept . First, . I feel the information given earlier by Mrs . Zelpha Hutton clearly;shows that both the residents of the district and the city officials were supportive of the park concept, recognizing not only the benefits to the district and the . - city,• but the historical aspects of the location as well . The point has been raised 'at' previous meetings as to the fact that there was no show of iriteiest in the park concept until such time as the subdivision papers were filed . I believe that a large degree of this condition may be due to the residents feeling that the city was . - going to take action to protect the park as identified in the Comprehensive Plan, , or that . the city . would notify the residerit groups if the park were to be in question. The filing of the ..subdivision plan, therefore, acted as a catalyst in galvanizing the district to take action on this issue . It was apparent that there was no direct city action taking place with respect-: to the park . The representation at this and other associated meetings clearly shows that the railroad district its is quite motivated . and the city should seriously review its actions on this matter . Secondly, and of more importance to the Commission, is the historical significance of the park area and the railroad district to Ashland . Mr Skibby has presented the details of this location' with respect to the development, not only of Ashland, but the . State of Oregon and the West Coast as well . The city recognized this role in the centennial celebration of the laying of the Golden Spike . In addition, they initiated a park and historical site committee to pursue this objective several years ago: It is my position that this objective should be reestablished at this time and a joint city/ railroad district team be formed to lay out the plans for a park/marker area and to pursue actively the identification and enrolment of funding sources for this undertaking. The district residents have expressed a willingness to consider an LID as a means of funding the parkland purchase . I think that before such an action be formally taken, the joint team mentioned above should contact the various Federal, State, County and interested civic organizations that would want to commemorate the event that tied the overall West Coast transportation system together and, as a result, connected the Coast into the transcontinental transportation system. This event is not only of great importance to Ashland but the the entire West Coast and the nation as well . The fact that there is no recognition of this event here in Ashland, not even an historical marker at the site, does not speak well for this community. I believe that the city should take this opportunity to enlist the Railroad District residential group into a joint task force with appropriate city representatives . This group should capitalize on the enthusiasm of the local residents and establish the extent of the park, quantify the resources required to obtain the designated . property and canvas all the potential supportive agencies to obtain the necessary funding. It is my opinion that this can readily be accomplished in a year ' s time and would lead to establishing a much needed neighborhood park and an. historical site that the city and railroad people throughout the country could appreciate . An associated point of interest is the fact that the Ashland Railroad District is the only such defined area in the State and there has been interest at the national level in designating it an historical site . Finally, I do not think that the approach to such a park should be limited to just the 6th to 8th street area shown in the Comprehensive Plan. The original area, as shown by Mr . Skibby, encompassing 4th to 8th was set up by Southern Pacific as a combined park and community site and the city should not preclude this total area from its thinking. Thank you for the opportunity to present my thoughts a this subject . C. D. McKereghan 140 _ ANTPETITION FOR LOCAL IMPROVE TO ACQUIRE A NEIGHBORHOOD PARK LOCATION: Ashland Railroad District Neighborhood Park -- 'W Street RECEIVED BY: DATE: NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record,or purchasers in possession under a recorded land sale contract of real property benefited by.the proposed neighborhood park. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE MAYOR AND CITY COUNCIL OF THE CITY OF.ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that the City of Ashland acquire property for a -.neighborhood park located'between Sixth and Eighth Streets and adjacent to the Southern Pacific Railroad right-of-way;in accordance with plans and specifications therefor as shall be adopted by the City of Ashland and the cost of such acquisition be assessed upon the real property benefited thereby, and that we are the owners of the real property benefitting from such park. NAME ADDRESS TAX LOT 141 City of Ashland ASHLAND PLANNING COMMISSION Planning Exhibit APRIL 14 , 1992 RE: PLANNING ACTION 92-001 EXHIBIT 0- ;;? PAN —av/ Din V 2t LST1tf Although the developers of the proposed subdivision are surprised the potential development is being criticized for not considering the OPEN SPACE PLAN, a GOLDEN SPIKE RAILROAD PARK is not a sudden new idea to stop developement. To memorialize this very special place has been a dream of many. I became involved with the project early in 1987. Patricia Bloedon and I circulated petitions recommending a historic commemorative neighbor- hood park along A street. With very little effort we had over 200 signatures. Patricia passed them on to the Planning Commission and we waited. We thought the park would be created before the Centennial Celebration of the Golden Spike in the summer of 1987. . In the fall of 1989, when the city announced that they were proposing areas for open space, neighborhood parks , etc. I checked to see if our Golden Spike Park was part of the plan. It was not. I attended the public hearing on. October 4, 1989 and nominated the area of the former R. R. depot, gazabo and rose garden . The area of approximately 4th thru 6th, an area with the history of being parklike and a central location . Late in January 1990, I am surprised to find that the nomination for the R. K. park had not been entered into the minutes, although it was submitted both orally and in writing. Therefore C. P. A. C. and the Parks Commission did not know to consider the site. We resubmitted our nomination with a hastily circulated petition of 75 R. R. District residents. C. P. A. C. accepted our petition at their final meeting and our park' was placed in the OPEN SPACE PLAN. It appears in the Comprehensive Plan as that open space area between 6th and 8th' on A Street. Although "OPEN SPACE" did not get funded, I had new hope in October 1990. Mayor C.Golden appointed a committee , headed by Councilwomen P. Acklin and former chairperson for the1G. S. Centenniel celebration, to consider a Golden Spike Park . We met once . At that time, it was decided a group from the city would make a proposal to Southern Pacific about a donation of land, or sale , for such park. Apparently that never happened and here we are a year and half later ; trying to save this area for a park. We want a real multi-use neighborhood and historical park ! We arp qo interested t i ruck turn-around a s sa x1X4_'6' // i �` rdc aw,r,_j� aua Sinc there re no schools in the dis rict , we want play areas for both young and older neighborhood children. Perhaps even a volleyball court and/or a basketball hoop for the big kids , and a -4 sitting space for older residents to meet. An engine or caboose might be nice. We definitely need a historical marker describing the significance of the site, perhaps that could be in a replica of the original gazebo. The GOLDEN SPIKE RAILROAD PARK would provide a nice ambiance and be a real asset as the area continues to develop commercially. Please, let us not let this very unique an significant site in. Ash.land' s _. . . historical past disappear . �� AL ZZ r -Al ` •' �f---m to�t7j • ui _ mlle i g ❑ Ul tf IOU Nalu Auo W p N ' I i` LJLJ u - I� 2WId _ xvo ss�t wqa ❑ auowtlaxs 00 N6tl 1103 City of Ashland Planning Exhibit MEMORANDUM EXHIBIT 0 •_�_ PA# — =ol DAIS 4-iv- ren TO: PAUL NOLTE AND PLANNING COMMISSION FROM: LIAM SHERLOCK, ATTORNEY AND 6TH STREET RESIDENT RE: °A° STREET SUBDIVISION # 92-001 DATE: 4/12/92 After searching through the Ashland Municipal Code and recent LUBA appeal decisions, I found legal authority that directly addresses the question of when the Planning Commission must require the dedication of lands in order to mitigate the adverse impacts of proposed subdivisions. The Code language reads as follows: Chapter 18.82 STREET AND. GREENWAY DEDICATION (Revised Jan 1984) 18.82.010 Purpose - To provide timely and orderly improvement and enlargement of the City street and greenway system through the dedication of land by property owners upon development of their land. 18 82.020 Street Dedication Required - Land will be dedicated by a property owner for the construction of a street or greenway when: a. A development requiring a planning action, partition, or subdivision takes place on the owner's property; and b. The development will result in increases in the traffic generated (pedestrian, bicycle, auto) in the area, by some measure; and C. The property contains a future road or greenway dedicated on the official map adopted pursuant to Section 18.82.050. d. It is assumed that all development requiring planning actions will increase traffic generated in the area unless it can be proven otherwise to . the satisfaction of the Planning Commission. The three part test enumerated by the ordinance clearly applies to the. proposed Southern Pacific subdivision: First, the subdivision requested will take place on the owner's property, including, for purposes . of Master Plan preparation and planning, the 20+ acres on the other side of the railroad tracks. Second, as discussed in the Staff Report (p. 5-6), the proposed development will result in substantial increases in truck and auto traffic in the neighborhood. Third, the property contains a designated .. .open space/park in accordance with the City's Comprehensive Plan. 16N Unfortunately, the Planning Staff Report only discusses the applicability of the more dated and more obscure Code provisions concerning reservation of land for public purposes ( § 18.80.020 G, quoted on page 4 of the April 14, Staff Report). The language of this .section .of the subdivision ordinance only gives the Planning Commission discretion to reserve land prior to authorizing a subdivision and requires the agency attempting to acquire the property to pay market value. In contrast, the more recent subdivision ordinance, § 18.82.020 quoted above, requires the Commission to make a determination of need for additional open space, especially if the dedication will comply with the Comprehensive Plan and mitigate the negative impacts accompanying a particular subdivision. Additionally, compelling dedication of the park acreage as a condition precedent to permitting the subdivision does not constitute a taking under the 5th or 14th Amendments. Courts, and the Oregon Land Use Board of Appeals will not require a municipality to compensate subdivision .applicants for dedications as long as 1) the condition reflects a proper and reasonable exercise of authority to provide for the health, safety .and general welfare of its citizens and 2) there is a reasonable relationship between the legitimate public purpose pursued and the nature of the exaction imposed as a condition of development approval. See, attached, Dolan v. City of Tigard, LUBA No. 91-161 (February 15, 1992). The Judge in the Dolan case concluded that the City of Tigard could condition development of a large retail store in the middle of town by requiring the private owner to dedicate an; area in .between the store and the town creek as a park/greenway for the public. The LUBA judge determined that the proposed development would result in greater numbers of employees and customers, and that the expansion would increase congestion on nearby streets. The Judge agreed with the City of Tigard that the challenged condition requiring dedication of portions of the retail owner's property was not an unconstitutional taking because the remedy to the development, i.e., the dedication of the park/greenway, was not only in "reasonable relationship to the impacts of or needs generated by the proposed development,° it also complied with the city's comprehensive plan for providing its citizens a continuous bike path. Dolan, at 14. In making its determination, the Judge distinguished the Supreme Court case of Nollan v. California Coastal Commission, 107 S. Ct. 3141 (1987). In Nolan, the Court required that the state of California compensate a private coastal landowner if the State conditioned a- building permit on the requirement that the owner grant a right-of-way easement across his property. The State's reason for requiring the easement was to protect the public's ability to view the beach access. The Court held that the State did have the constitutional right to condition building restrictions, even requiring . "a concession of property rights" as long as the permit condition substantially advanced a legitimate state interest. However, the Court found that the required condition, an easement behind the residential development and out of sight of the public, failed to promote the public's visual access of the beaches. Therefore, the Court ruled that no reasonable relationship existed between the effect of the development and the condition imposed. See also City of College Station v. Turtle Rock Coro. 680 S.W. 2d 802 (1983), (cited favorably in the Nollan opinion).' Dedication of two to three acres of the 24 owned by Southern Pacific (which it obtained free from the government) in order maintain a fragment of open space on A Street does not render the entire property useless nor does it cause a total destruction of the entire tract's economic value. It is a regulatory response, anticipated in the comprehensive plan, to the simple fact that the railroad district cannot accommodate continuous commercial and residential development without downgrading..the quality of life -currently enjoyed by its inhabitants. Weather permitting, and particularly in the spring, summer and .fall, anyone driving down A, B, or C, streets or any of the numbered side streets, must carefully watch out for the numerous children who frequently use those streets as their playground. The children in the district have no choice. Most of the yards are too small to play in and there simply is no where else to go besides the streets and sidewalks. Commercial development of the open space on both sides of the railroad tracks will drastically increase the traffic throughout the railroad district, and proportionally increase the hazards to children and pets. A park alongside A street will constitute a reasonable effort to 1 The facts in the Turtle Rock case are very similar to the present situation and the LUBA case discussed above. The Turtle Rock court allowed the municipality to require persons wishing to subdivide their land to dedicate a segment of that land for open space, without compensation, as long as the regulation authorizing the dedication was a valid attempt by the city to provide for the health and welfare of—its citizens and was not overbroad in its scope. 3 '� offset this increased burden on the neighborhood and will clearly meet the "reasonable relationship" test set forth by LUBA. The park would partially lessen the hazards and impacts resulting from the increased traffic, noise, fumes, and density of people by giving children and their families a place to play and relax. A park would also provide a refuge ror the current and future workforce who will otherwise have to drive or bike elsewhere if they wish to spend their breaks outdoors. In conclusion, the intent of dedication ordinance § 18.82.020 .is not to put an unreasonable burden on the landowner, but to permit the . development of his or her land without putting an unreasonable burden on others. The Planing Department's exercise of its clear authority to require dedication of land as a condition for subdivision will not amount to a taking of private property without compensation. It will, however, comply with the mandate of the comprehensive plan and alleviate the additional burden on the people of the railroad district who not only face significant disruption of their neighborhood, but up to now have also been incorrectly told that they will have to pay for whatever park they get. If you have any questions or would like to discuss this issue further, please contact me at 482-4459(w) or 482-6763(h). Sincerely, cc: Railroad District Citizen Committee Kathy Golden Enclosure: 1 4 J &7 1 BEFORE THE LAND USE BOARD OF APPEALS • 2 OF THE STATE OF OREGON F13 1 5 G2 hi, -SL 3 4 JOHN T. DOLAN and FLORENCE DOLAN, ) 5 ) 6 Petitioners, ) 7 ) LUBA No. 91-161 8 vs . ) 9 ) FINAL OPINION 10 CITY OF TIGARD, ) AND ORDER 11 ) 12 Respondent . ) 13 14 15 Appeal from City of Tigard. - 16 17 Joseph R. Mendez, Portland, filed the petition for review 18 and argued on behalf of petitioners . With him on the brief was 19 Knappenberger &' Mendez. 20 21 James M. Coleman, Portland, filed the response brief and 22 argued on behalf of respondent . With him on the brief was 23 O'Donnell, Ramis, Crew & Corrigan. 24 25 David B. Smith, Tigard, filed- a brief and argued on behalf 26 of amicus Oregonians in Action. 27 28 SHERTON, . Referee; HOLSTUN, Chief Referee; KELLINGTON, 29 Referee, participated in the decision . 30 31 AFFIRMED 02/07/92 32 33 You are entitled to judicial review of this Order. 34 Judicial review is governed by the provisions of ORS 197 .850. ® Page 1 _._ 1 Opinion by Sher ton. 2 NATURE OF THE DECISION 3 Petitioners appeal a city council resolution granting site 4 development review approval for construction of a retail sales 5 building, but denying variances to Tigard Community Development 6 Code (TCDC) provisions requiring dedication of land for a 7 greenway and a pedestrian/bicycle pathway and prohibiting roof 8 signs .l , 9 FACTS 10 Petitioners appealed a previous city decision. granting site 11 development review approval for construction of the proposed 12 retail sales building, and imposing conditions requiring 13 greenway and pedestrian/bicycle pathway dedications and roof 14 sign removal. In our opinion in that appeal, Dolan v. Ciry of 15 Tigard, Or LUBA (LUBA No, 90-029, January 24, 1991) 16 (D61an T) , slip op 2-3, we set out the following relevant facts : 11 "Petitioners own a 1. 67 acre parcel in downtown Tigard 18 which is designated Central Business District on the 19 Tigard Comprehensive Plan (plan) map and is zoned 20 Central Business District —Action Area (CBD-AA) . A 21 9,700 square foot retail sales building, occupied by 22 an electric and plumbing supply business also owned by 23 petitioners, is located on the eastern edge of the 24 subject parcel . The structure includes a large roof 25 sign, and is adjoined by a partially paved parking 26 lot .. Fanno Creek flows through the southwestern 27 corner of the subject parcel and along its western 28 boundary. 1The challenged decision also approves a variance to applicable TCDC .parking requirements for general retail sale businesses, allowing provision of only 39, rather than 44, parking spaces. However, this portion of the decision is not at issue in this appeal. Page 2 — I6� _ . 1 "Petitioners applied to the city for site development 2 review approval to replace the existing building with 3 a 17, 600 square foot retail sales building constructed 4 on the western portion of the subject parcel .t 5 6 t "Petitioners proposed to demolish the existing 9,700 square 7 foot building after the new building was completed and the 8 electric and plumbing supply business moved into it." 9 In Dolan T . we affirmed the challenged city decision . 10 Specifically, we held petitioners ' claims that the conditions of 11 approval requiring dedication of portions of their property for 12 a greenway and a pedestrian/bicycle pathway constituted an 13 unconstitutional "taking" under both the United States and 14 Oregon . Constitutions were . not "ripe" for review, because 15 petitioners had not sought relief through the variance process 16 provided by TCDC Chapter 18 . 134 . Id. , slip op at 21 . We also 17 rejected petitioners ' claim that the condition requiring removal 18 of the existing roof sign within 45 days of the issuance of an 19 occupancy permit for the new building was unreasonable and a 20 "denial of due process, ". because petitioners did not support 21 . this constitutional claim with legal argument . I&. , slip op 22 at 22 . 23 On March 28, 1991, petitioners submitted a new site 24 development review .application for the .proposed retail sales 25 building to the city, including requests for variances from 26 TCDC 18 . 120 . 180 .A. 8, 2 18 .86 .0.40 .A. 1 .b3 and 18 . 114 .070.H. 4 On 2TCDC 16.120.180.A.8 establishes the following standard for site development review approval: Page 3 _ / 70 1 September 17, 1991, the city council adopted the challenged 2 _ resolution approving site development review, but denying the lk 3 requested variances. The city's decision includes the following 9 relevant conditions : 5 111 . The applicant shall . dedicate to the City' as 6 Greenway all portions of the site that fall 7 within the existing 100-year floodplain [of 8 Fanno Creek) (i.e . , all portions of the property 9 below elevation 150 . 0) and all property 15 feet 10 above (to the east of) the 150 .0 foot floodplain 11 boundary. The building shall be designed so as "Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within 'the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/ ' bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle plan." .'3TCDC 18.86.040.A.1 provides in relevant part: ` "The City may attach conditions to any development within an action area prior to adoption of the design plan to achieve the following objectives: "b. The development shall facilitate pedestrian/bicycle circulation. if the site is located ■ • adjacent to a designated greenway/open space/park. Specific items to be addressed are as follows: ".M Provision of efficient, convenient and continuous pedestrian and bicycle transit circulation systems, linking developments by requiring dedication and construction of pedestrian and bikepaths identified in the comprehensive plan. ?TCDC 18.114.070.H prohibits "roof signs of any kind. " There is confusion in the record as to whether petitioners really sought a variance to this provision, or rather sought to convince the city that the sign in question is not actually a "roof sign." S.ee Record 9, 27, 160. Page 4 Of 1 not to intrude into the greenway area . 2 Record 31-32 . 3 "15. The existing roof sign shall be permanently 4 removed from the subject property within 45 days 5 of the issuance of the Occupancy Permit for the 6 new building. ii6 Record 34 . 7 FIRST ASSIGNMENT OF ERROR 8 "The City' s decision to demand the dedication . to the 9 City of those portions of Petitioners ' land lying 15 10 -feet to the east of the 100-year flood plain boundary 11 constitutes an unlawful taking in violation of 12 Petitioners ' rights under the Oregon and United States 13 Constitutions . " 14 SECOND ASSIGNMENT OF ERROR 15 "The City Council ' s exaction of all portions of 16 Petitioners ' property falling within the 100-year 17 flood plain constitutes an unlawful' taking of private 18 property for public use, in violation of the Oregon 19 and United States Constitutions. "? 20 A . Introduction 21 In the first and second assignments of error, petitioners 22 challenge the validity of the condition imposed by the city 23 requiring petitioners to dedicate to the city the portions of 24 the subject parcel within the 100-year flood plain of Fanno _ 25 Creek and within 15 feet to the east of the flood plain SThe dedications required by this condition comprise approximately. 7, 000 square feet, or 108 of the subject parcel. Record 159. 6Conditions 1 and 15 are virtually identical to conditions included in the site design review. approval decision challenged in Dolan I . CPP Dolan 7, slip op at 3. ?The brief of amicus Oregonians in Action includes an assignment of error which states essentially the same allegations as petitioners' first and second assignments of error. The purpose of amicus participation is to aid this Board in its review of relevant issues. OAR 661-10-052 (1) . We consider amicus' arguments to the extent they are relevant to the issues raised by petitioners' assignments of error. Page 5 _ . 1 boundary. Petitioners argue that this condition of site 2 development review approval constitutes a taking, without just 3 compensation, of the 7, 000 square feet of their parcel required 9 to be dedicated for public use, in violation of the Fifth 5 Amendment to the United States Constitution and Article I, 6 Section 18 of the Oregon Constitution. Petitioners ask that we 7 either reverse the city's imposition of this condition or remand 8 the decision to the city with instructions to _remove the . 9 condition . 10 Petitioners do not contend that establishing- a. greenway in 11 the floodplain of Fanno Creek for storm water management 12 purposes, and providing a pedestrian/bicycle pathway system as 13 an alternative means of transportation, are not legitimate ��S 19 public purposes . Further, petitioners do not challenge the o, 15 sufficiency of the "nexus" between these legitimate public vJ 16 gooses and the condition imposed requiring dedication of 17 portions of petitioners ' property for the greenway and 18 pedestrian/bicycle pathway. Rather, petitioners ' contention is 19 that under both the federal and Oregon Constitutions, the 20 relationships between the impacts of the proposed development 21 and the exactions imposed are insufficient to justify requiring 22 dedication of petitioners ' property without compensation. 23 The challenged decision includes the following findings 29 addressing the impacts of the proposed development and the 25 relationship, between the impacts of the proposed development and 26 the required dedication of land for greenway and Page 6 1 ?3 1 pedestrian/bicycle pathway purposes : 2 - "The * * * requirements for dedication of the area 3 adjacent to the floodplain for greenway purposes and 4 for construction of. a pedestrian/bicycle pathway [do 5 not] constitute a taking of the applicant's property. 6 [T] he dedication and pathway construction are 7 reasonably related to the applicant ' s request to 8 intensify the development of this site with a general 9 retail sales use, at first, and other uses to be added 10 later. It is reasonable to assume that customers and 11 employees of the future uses of this site could 12 utilize a pedestrian/bicycle pathway adjacent to this 13' development for their transportation and recreation 14 needs . In fact, the site plan has provided for 15 bicycle parking in a rack in front' of the proposed 16 building to provide for the needs of the facility's 17 customers and employees . It is reasonable to expect 18 that some of the users of the bicycle parking provided 19 for by the site plan will use the pathway adjacent to 20 Fanno Creek if it is constructed. In addition, the 21 proposed expanded use of this site is anticipated to 22 generate additional vehicular traffic thereby 23 increasing congestion on nearby collector and arterial 24 streets . Creation of a convenient, safe pedestrian/ 25 bicycle pathway system as an alternative means of 26 transportation could offset some of the traffic demand 27 on these nearby streets and lessen the increase in 28 traffic congestion. " Record 20. 29 "The * * * requirements for dedication of the area 30 within the floodplain of Fanno Creek for storm water 31 management and greenway purposes [do not constitute] a 32 taking of the applicant ' s property. [T]he . required 33 dedication [is] reasonably related to the applicant ' s 34 request to intensify the usage of this site, thereby 35 increasing the site 's impervious area. The increased 36 impervious surface would be expected to increase the 37 , amount of storm water runoff from the site to Fanno 38 Creek. The Fanno Creek drainage basin has experienced 39 rapid urbanization over the past 30 years causing a 40 significant increase in stream flows after periods of 41 precipitation. The anticipated increased storm water 42 flow from the subject property to an already strained 43 creek and drainage basin can only add to the public 44 need to manage the stream channel and floodplain for 45 drainage purposes. Because the proposed development 's 46 storm drainage would add to the need for public 47 management of the Fanno Creek floodplain, * * * the 48 requirement of dedication of the floodplain area on 49 the site' is related to the applicant ' s plan to I Page 7 _ i 1 intensify development on the site." Record 28. 2 Petitioners generally argue under these assignments of 3 error that the proposed development is "in no way related to" or 4 "not related to" the challenged dedication requirement . 5 Petition for Review 11, 14 . However, petitioners do not 6 challenge the adequacy of the above quoted findings or their 7 evidentiary support in the record. Therefore, for purposes of 8 evaluating petitioners ' constitutional taking claims, we assume 9 that the facts found by the city concerning the impacts of the 10 proposed development and the need for storm water management and 11 alternative means of transportation are valid, and consider only 12 whether these facts are legally sufficient to establish the 13 requisite relationship between the impacts of the proposed 14 development and the exaction imposed. 15 B . Oregon Taking Claim 16 Article 1, Section 18 of the Oregon Constitution provides 17 in relevant part : 18 "Private property shall not be taken for public use 19 * * * without just compensation 20 Petitioners contend the Oregon Supreme Court has never 21 articulated a standard for applying Article I, Section 18 of the 22 Oregon Constitution to conditions of development approval which 23 constitute a physical taking, such as a condition requiring 24 dedication of land. Petitioners argue, however, that we should 25 apply the "reasonable relationship" standard previously used by 26 the Court of Appeals and this Board in other contexts to 27 ' determine the validity of development exactions . Hayes v. rity Page 8 _ . .0 Aw ® 1 7 Or App 277, 285, 490 P2d 1018 (1971) ; o'xaa_ fly 2 14 Or LUBA 289 293 ' � (1986)'. Petitioners 3 contend there is no "reasonable relationship" between the 4 disputed condition requiring dedication of a portion of their 5 property for a greenway and a pedestrian/bicycle pathway and the 6 impacts of the proposed development . ,7 We agree with petitioners that Article I, Section 18, of 8 the Oregon Constitution requires that there be a "reasonable 9 relationship" between the challenged condition and the impacts 10 of or needs generated by the proposed development . For the 11 reasons stated in the following subsection of this opinion, we 12 find such a "reasonable relationship" exists . 13 This subassignment of error is denied. 14 C . Federal Taking Claim 15 The Fifth Amendment to the United States Constitution, . made 16 applicable to states and local governments through the Due 17 Process Clause of the Fourteenth Amendment, provides in relevant 18 part : 19 " (N)or shall private property be taken for public 20 without just compensation. " use, 21 Both petitioners ' and amicus ' arguments rely heavily on the 22 opinion of the United States Supreme Court in Noll r . 23 California ( oacr i Ccim'n; 483 US 825, 107 S Ct 3191, 97 L Ed2d 24 677 (1987) (Nollan) , Prior to gollan, it had been established 25 by most courts, including the federal courts of this circuit, 26 that a development exaction must have a "reasonable Page 9 — I 1 relationship" to the impacts of, or needs created by, the 2 proposed development.8 St P .T. , parks v. Watson, 716 F2d 646, 3 653 .(9th Cir .1983) . -Petitioners and amicus argue that under 4 Nollan, something more than a "reasonable relationship" between 5 the impacts of the proposed development and the required 6 exaction is necessary to avoid . an unconstitutional taking. 7 Petitioners and amicus variously describe the closer 8 relationship required as a "clear match, " an "essential nexus" 9 or a "substantial relationship. " Petition for Review 11; Amicus 10 Brief 9, 11 . Petitioners and amicus further argue that the 11 dedication required by the challenged condition is clearly 12 intended to secure benefits for the general public and is not 13 even reasonably related to any hypothetical impacts on storm 14 water drainage and traffic due to the proposed development . 15 . Respondent contends Nollan does not require that there be a 16 closer relationship between the impacts of a proposed 17 development and the extent of exactions imposed. According to 18 respondent, the closer relationship required by Nollan is that 19 there be an "essential nexus" between the Ipgi imate publ , r 20 puronne pursued and the nature of the exaction imposed as a 21 condition of development approval . Respondent also argues that 8The "reasonable relationship" standard is somewhere between the more extreme standards followed by courts in a few jurisdictions which require that the need for a ,development exaction be "specifically and uniquely attributable" to the proposed development, or that a development exaction merely have "some relationship" to the proposed development. parks v Watson, aupra. , Page 10 177 I in CommPr�; al Ri,ildpra v SaCrAmentn. 991 F2d 872 (9th Cir ® 2 1991) , the court considered. the impact of Nollan with regard to 3 this issue and stated: — 9 "* * * Nollan does not stand for the proposition that 5 an exaction * * * will be upheld only where it can be 6 shown that the development is directly responsible for 7 the social ill in question . Rather, No11an holds that 8 where there is ma evidence of a nexus between the 9 development and the problem that the exaction seeks to •10 address, the exaction cannot be upheld. * * * " 11 (Emphasis added. ) Comm ;al B ; ld rs v Sa ament—i, 12 supra, 991 F2d at 875 . 13 Respondent contends all that is required is a "reasonable 19 relationship" between' the impacts of the proposed development 15 and the exaction imposed by the challenged condition . With 16 regard to the required dedication of land within the floodplain 17 of Fanno Creek for a greenway, respondent argues that the .city's 18 adopted Master Drainage Plan indicates the Fanno Creek greenway 19 is an essential part of the city' s program for storm water 20 management . Respondent further argues the city' s undisputed 21 . findings establish that the proposed development, which includes 22 a larger building and paved parking lot, will increase the 23 amount of impervious surface on the site and, therefore, will 29 increase storm water runoff from the site. According to 25 respondent, this is sufficient to establish a "reasonable 26 relationship" between the proposed development and the 27 dedication required. 28 With regard to the required dedication of land adjacent to 29 the floodplain of Fanno Creek for a pedestrian/bicycle pathway, 30 respondent argues the city' s adopted Comprehensive Pedestrian/ �• Page 11 r 1 Bicycle Pathway Plan designates a continuous network of . , 2, pedestrian/bicycle pathways throughout the city, and includes a 3 pedestrian/bicycle pathway along the Fanno Creek greenway on the 4 subject property . Respondent further argues the city' s 5 undisputed findings indicate the proposed development of a 6 larger retail establishment on the subject property will result 7 in greater numbers of employees and customers, and that the 8 expansion will generate additional vehicular traffic, increasing 9 congestion on nearby streets . According to respondent, there is 10 a "reasonable relationship" between such impacts and requiring 11 dedication ' of land to construct a segment of a planned 12 pedestrian/bicycle pathway network. 13 In Noll an, owner's of beachfront property seeking a permit 19 to build a larger house on their lot challenged the . 15 constitutionality of a condition imposed by the California 16 Coastal Commission requiring that they give the public an 17 easement to pass laterally across their property from one 18 neighboring beach to another. No11an addresses primarily the 19 necessary relationship between the legitimate state purpose for 20 which a development application could be denied (in Nollan, 21 primarily the commission 's duty to protect the public's ability 22 to view the beach from the upland) and the condition imposed 23 (easement allowing the public lateral access along the beach, to 24 pass across the Nollan's property from one adjoining beach to 25 another) . The Supreme Court found a required "essential nexus Page ,12 — �. I between the state purpose and the condition was lacking.9 2 483 US at 837 . 3 The Supreme Court. next turned to the Commission ' s argument 4 that its condition nevertheless did not constitute a . taking 5 because it was "reasonably related to the public need or burden 6 that the (larger] house creates or to which it contributes . " 7 Zsl• at 438 . The Supreme Court stated: 8 "* * * We can accept, for purposes of discussion, the 9 Commission ' s proposed test as to how close a " fit ' 10 between the condition and burden is required, because 11 we . find that this case does not meet even the most 12 untailored standards . 13 The Supreme Court proceeded to conclude that the condition 14 imposed in No' Ian constituted an unconstitutional taking because 15 there was aa relationship between it and the impacts of the 16 proposed development . We, therefore, .agree with respondent and 17 the Ninth Circuit Court of Appeals ' statement in Commercial 18 m ild rs v. SAnrPmento, Slip-r , that Nollan does not establish a 19 new, stricter standard for the relationship required between the 20 impacts or burdens of a proposed development and exactions 21 imposed as conditions of development approval . 22 Thus, we agree with respondent that the challenged 23 condition requiring dedication of portions of petitioners ' 24 property is not an unconstitutional taking if it has a 9H6wever, as we point out avoma, in this case the relationship between the city's legitimate public purposes (providing for storm water management and an adequate transportation system) and the condition imposed (dedication of land for a greenway and pedestrian/bicycle pathway) is not disputed. Page 13 ISO 1 "reasonable relationship" to the impacts of or needs generated , 2 by the proposed development . To the extent petitioners suggest 3 the city is required to establish a numerical relationship 4 between the increase in runoff due to the proposed development 5 and the amount of land dedicated for the greenway, or that the 6 land dedicated for the greenway will not also accommodate 7 increased upstream discharges, we disagree . In view of the 8 comprehensive Master Drainage Plan adopted by, respondent 9 providing for use of the Fanno Creek greenway in management of 10 storm water runoff, and the undisputed fact that the proposed 11 larger building and paved parking area on the subject property 12 will increase the amount of impervious surfaces and, therefore, 13 runoff into Fanno Creek, we conclude there is a "reasonable 14 relationship" between the proposed development and the 15 requirement to dedicate land along Fanno. Creek fora greenway. 16 Furthermore, the city has adopted a Comprehensive 17 Pedestrian/Bicycle Pathway -Plan which provides for a continuous 18 network of pedestrian/bicycle pathways as part of the city' s 19 plans for an adequate transportation system. The proposed 20 pedestrian/bicycle pathway segment along the Fanno Creek 21 greenway on the subject property is a link in that network . 22 . Petitioners propose to construct . a significantly larger retail 23 sales building and parking lot, which will accommodate larger 24 numbers of customers and employees and their vehicles . There is 25 a reasonable relationship between alleviating these impacts of 26 the development and facilitating the provision of a Page 14 — 1 pedestrian/bicycle pathway as an alternative means of 2 transportation. 3 We, therefore, conclude the challenged condition requiring 4 dedication of portions of petitioners ' property is not an 5 unconstitutional taking in violation of the Fifth and Fourteenth 6 Amendments to the United States Constitution. 7 This subassignment of error is denied. 8 The first and second assignments of error are denied. 9 THIRD ASSIGNMENT OF ERROR 10 "The City has characterized an existing wall- sign as a 11 'roof sign. ' By mischaracterizing the sign, the City 12 then establishes a .requirement that the sign be 13 removed within 45 days of occupancy of the new 14 building which is unreasonable and hence a denial of 15 due process . " 16 Petitioners argue the "roof sign" on the existing building 17 which is required to be removed by condition 15 is actually 18 "part of a parapet wall constructed on the existing building in 19 order to join three small buildings into one structure and hide 20 unsightly roof lines . " Petition for Review 16. Petitioners 21 also argue that the sign in question is an integral part of the 22 existing building, and that it is unreasonable for the city to 23 require them to remove it within 45 days of obtaining an 24 occupancy permit for the new building. 25 Whether the sign in question is correctly characterized as 26 a "roof sign" is-- of no importance to resolution of this 27 assignment of error. Petitioners do not contend the challenged 28 condition would be impermissible if the sign were other than a Page 15 —_ 1 "roof sign. " Rather, petitioners contend the condition is 2 impermissible because the amount of time allowed for them to 3 remove the sign is "unreasonable and hence a denial of due 4 process . " 5 In response to the same argument by petitioners in nolan I, 6 we stated: 7 "* * . * Petitioners presumably intend this phrase to 8 indicate that the city' s decision is unconstitutional 9 in some way and, therefore, subject to reversal or 10 remand under ORS 197 . 835 (7) (a) (E) . However, no 11 argument supporting an allegation of 12 unconstitutionality is provided in the petition for 13 review. This Board has consistently declined to 14 consider claims of constitutional violations where, as 15 here, they are unsupported by legal argument. Van 16 Sant v. Yamhill County, 17 Or LUBA 563, 566-67 (1989) ; 17 Faulkender v Hood River County, 17 Or LUBA 360, 366 18 (1989) ; Portland Oil Service Co v City of Beaverton, 19 16 Or LUBA 255, 269 (1987) ;. Chemeketa Industries Corn. 20 v : City of Sal m, 14 Or LUBA 159, 165-166 (1985) . 21 Dolan I, slip op at 22 22 Petitioners still do not provide any legal argument in support 23 of their allegation of unconstitutionality with regard to the 24 time limit for removal of the "roof sign. " 25 The third assignment of error is .denied. . 26 The city's decision is affirmed. Page 16 —' �i Testimony for Ashland Historic Commission 4/8/92 Planning Action 92-001 Richard McKinney 117 8th Street Ashland, Oregon 97520 482-3964 I would like to critique the preliminary plat of the 16 lot subdivision on the agenda tonight. As a resident of the RR District, I believe that my quality of life and property values will be adversely affected by this proposal . The RR District is an historic residential part of Ashland. It is in the designated Historic District. This proposed subdivision would cause a drastic change in the character of the area. Historically, the RR District has housed working class families, provided space for a few home occupations, and had some small scale commercial activity along lower 4th Street and western "A" Street. This proposal envisions dense commercial development all along the north side of "A " Street. This proposal would irreparably degrade the quality of life for those residents now living along "A" Street, and for some distance up the side streets. toll The streets in the RR District are quiet , residential streets including "B" Street (collector street ) at its east end. Many have no sidewalks. - If this development takes place, these residential streets, particularly 8th Street, will become exit routes for the increased traffic caused by this development . There is no collector route off of "A " Street, which ends at 8th . John Fregonese , at a recent Town Meeting, estimated a tenfold increase in traffic on 8th Street -my street- from about 300 cars per day to 3000 cars per day as a consequence of this development. 8th Street is 36 feet wide , and as such is rated at 600 cars per day including a 25% discount because it has no sidewalk. This is the case with many streets toward the eastern end of the RR District. The Design Standards section, paragraph B - Streets, ( #9) Access to subdivision states "all major means of access to a subdivision or major partition shall be from existing streets fully improved to city standards, and which in the judgment of the Director of Public Works, have the capacity to carry all anticipated traffic from the development. " Clearly, this proposal is completely out of scale with the neighborhood of which it is a part. AN ALTERNATIVE DEVELOPMENT PROPOSAL FOR THE "A" STREET RAILROAD PROPERTY Development in area - yes , but : 1 . Not in this way - is not appropriate to the neighborhood. �. 2. Historically, the area in question has been open land -�+ be- w e,.ZA) 6th & W g'fh 3. Historically, home businesses have been allowed in the RR District. These businesses are limited to those that generate very little additional traffic. The 16 lot subdivision proposal envisions dense commercial development from west of 4th Street clear to 8th Street . 4. The obvious boundary . between residential and dense commercial use is the railroad. S. Historically, commercial activity took place on "A" Street near the 4th Street area and westerly, or on 4th . 6. Historically, there has been a spring on the land at 6th & "A" Street. 7. Historically, the Golden Spike connecting the Coastal RR line was driven near 8th Street. As a resident of the RR District, 1 believe there is a more appropriate plan for this area. This plan (attached) includes : - Commercial development around the 4th Street intersection down to somewhere between 5th and 6th Streets, with a full 70 feet street easement as a continuation of 4th Street. This puts development where it has historically been, and allows for an eventual grade level RR crossing at 4th Street. - Parking near the middle of the block between 5th & 6th Streets. This would provide sorely needed parking near 4th Street , parking for the new development, possibly parking for a future light rail system on Southern Pacific (SP) tracks, and parking for : - A new Historic Railroad Park from between 5th & 6th ---------------------- Streets down through 8th Street. This park would:. * Continue the historic use of the property as open space at the more residential end of "A" Street. * Maintain the mostly residential character of this end of the street * Minimize the increase in traffic on "A" Street - already a narrow street - and thereby minimize the traffic increase up the residential streets of the RR District. * The rail . bed would continue as the historic boundary of the neighborhood. * Maintain the location of the year-round spring at the end of 6th Street, and allow its un-metered use to enhance the park. * Acknowledge the past importance of the railroad in the history of Ashland and the RR District by noting the location and significance of the Golden Spike connecting the West Coast rail line. This proposal is, to me, a good compromise. No one gets everything they want, but everyone receives something: * SP gets to sell the property * The Real Estate Agents get their commission * Alan Sandler, like the other property owners on "A" Street, has protection for his property * Development happens where it is appropriate * The 4th Street commercial area gets needed parking * The eventual use of light rail will be facilitated * The residents of the RR District -the vast majority of the people with a stake in this issue- will have a park , a need specified in the Comprehensive Plan. Finally, as a citizen of the City of Ashland , I believe that the entire tract of SP property on both sides of the tracks should be included in a "Master Plan " as provided in the Subdivision Section of the Land Use Ordinance Chapter 18. 80. 040 - Preliminary Plat , Paragraph G - Part.ial Development, where it says : "Where the plat to .be subdivided contains only part of the tract owned or controlled by the subdivider , the Planning Commission may require a Master . Plan for the unsubdivided portion. " Issues to be dealt with in this Master Plan should be : * The intended use of the M- 1 land north of the tracks in some detail * The city 's desire and need for an on-grade RR crossing of 4th Street * The clean-up of the toxic waste dump located north of the tracks beyond 6th Street , and known to contain significant quantities of diesel .oil , arsenic, and lead. This Master Plan should resolve these issues before any subdivision is allowed. Respectfully submitted, Richard McKinney 117 8th Street Ashland, Oregon 97520 482-3964 E N j K s z YJI w q u o r �r6 i ��� a � a� � �u5 � n W e y � � o �: � Y: � � J � � .�3 �� x--�-___..- - - ./ W� D • l�` . s `, .. s 3� j W J+r Q �_ D sJ . TY I n Q E� p r 4 *_ � n _ �,. as F � �� � 8 i �o; yam. � s i ' U.3 � v a � - .� =D r� Y r ✓ <��� �� � ��� . �.tiv � � � �� � . t t � � i � t ' � � / FS '� 4� r � � ` � 7 V J ♦� � 41 w `. J f+� S i 4 � � u • 3 s � + r° Y�:: 0 YO VV q J � 1 -d--z 181 MEMO TO Ashland Planning Department FROM : Allan Sandler DATE : April 6, 1992 RE RR District Subdivision I hold a reservation on what is designated Lots 10, 11, 12, & 13 between 6th and 7th Street o� "A" Street in the City of Ashland. There has been some talk about this property as to how it would be developed and could some or all of the property be obtained by the City of Ashland for par.ke and/or open space. To address the question of land use, I would like to offer some suggestions. Please understand, at this point, this memo is not a formal offer, only an offer of some possible concepts for the land use. It is understood that this memo is being offered in order to start the negotiation process and will not or can not be used in court or may be withdrawn at any time by me prior to signing a formal agreement of acceptance by all parties involved. Concept #1: Subdivide the 4 late into 3 lots dedicating to the City of Ashland at no coat two (2) . 20' pieces or one (1 ) 40' piece separating the property all the way through from "A" Street to the rear of the property. For this the p alley way would be omitted and parking would be utilized ¢ on the rear 30' of the property being accessed 'on the east and west from "A" Street through the continuation of 6th and 7th Street. "A" Street would not be widened and if requested, one side street parking only would be allowed. Concept 82: Subdivide into two (2) lots which would start approximately 100' from 7th Street and going to 6th Street. The 100' starting from 7th Street would be sold to the City of Ashland at whatever pro-rated price per square feet is paid to Southern Pacific at close of _escrow .plus any other additional incurred costs by Sandler thereof. This 100' piece sold to the City of Ashland. is for use as park and/or open space and to be developed by the City of Ashland Parks Department and maintained with the restriction that no buildings and/or '. vendors will ever utilize the land. 110 . The following items must be allowed for the remaining property from the 100' point to 7th Street that would remain ownership of Sandler: a) That an improvement district be created by the neighborhood encompassing an area from 8th Street to Oak Street then again from "A" Street to Siskiyou Blvd. b) That improvement district will pay for the purchase of . the land, the paving of the continuation of 6th Street north of "A" Street, required sidewalks on "A" Street and any street lighting and/or traffic signs and/or signals that may be required. c) Eliminating a back alley way between the railroad tracks and the property in question and allowing for that space plus 10' to equal 30' designated for parking in the rear of 250' of property retained by Sandler. d) No parking lots or parking allowed on the 100' of property adjoining Sandler property. e) No widening of "A" Street and if wanted by the City of Ashland, to allow only one -side street parking. f) Give Sandler a 24 hour option to purchase all or part of the bond offering for the neighborhood improvement district prior to its going on the market. g) Not imposing a one year hold on the property because of possible negotiations for acquisition or financing of property. specify which ordinance criterion the objection is based on also precludes your Notice is hereby given that a PUBLIC HEARING right of appeal to LUBA on that criterion. on the following request with respect to the A copy of the application, all documents and evidence relied upon by the ASHLAND LAND USE ORDINANCE will be held applicant and applicable criteria arc available for inspection at no cost and will before the ASHLAND PLANNING COMMISSION . be provided p�ectionssevendayspriorrequested. eh aringands lbeprovidedat . on the.14TH DAY OF APRIL,1992 AT 7:00 P.M.at reasonable cost, if requested. All materials arc available at the Ashland the ASHLAND CIVIC CENTER, 1175 East Main Planning Department,City Hail,20 East Main,Ashland,OR 97520. Street, Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and those in attendance concerning this request.The Chairshall have the right ne ordinance criteria applicable to this application arc attached to this notice. to limit the length of testimony and require that comments be restricted to the Oregon law states that failure to raise an objection concerning this application, applicable criteria. . either in person or by letter,or failure to provide sufficient specificity to afford the decision mater an opportunity to respond to the issue,precludes your right If you have any questions or comments conttmingthis request,please feel free (LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,CityHall,at4gg- of appeal to the Land Use Hoard ofAppeals NOTE: This Planning Center eslobe heard at 59 Winb Ashland at Historic p.m, mission on April 8, 1992 in the Ashland r I . M' , a w � •.�. N 1 \\ As NRASILY ' Y - pr �e-t. A a w . 6AI M.l ak. eV vtG1r.)tTY )SAP PLANNING ACTION 92-001 is a request for approval of a 16-lot commercial subdivision for an approximately 4 acre parcel located between A Street and the Southern Pacific Railroad tracks. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 9BA; Tax Lot: 14600. APPLICANT: Donna Andrews/Southern Pacific Railroad ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 14, 1992 CALL TO ORDER The meeting was called to order at 7:10 p.m. by.Chairman Neil Benson. Other Commissioners present were Hibbert, Bingham, Harris, Powell, Medinger, Carr and Jarvis. Staff present were Fregonese, McLaughlin, Nolte and Yates. APPROVAL OF MINUTES AND FINDINGS Carr moved to approve the Minutes and Findings of the March 10, 1992 meeting, Jarvis seconded, and they were approved. PUBLIC FORUM Cathy Golden made a presentation to Dan Harris, thanking him for his four years of dedicated service to the Planning Commission and to Neil Benson for his ten years of dedicated service. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 92-001 REQUEST FOR APPROVAL OF A 16-LOT COMMERCIAL SUBDIVISION FOR AN APPROXIMATELY FOUR ACRE PARCEL LOCATED BETWEEN A STREET AND THE SOUTHERN PACIFIC RAILROAD TRACKS. APPLICANT: DONNA ANDREWS/SOUTHERN PACIFIC RAILROAD Bingham lives in the neighborhood and had two conversations with Bill Emerson regarding formation of a local improvement district and the approximate cost per household for such a local improvement district. STAFF REPORT McLaughlin stated this is a four acre parcel proposed to be divided into 16 parcels. No specific development plans are being proposed for the development at this time. The parcels are being proposed-to be sold as separate lots. The lots are relatively small compared to other E-1 lots but similar in size to those developed in the railroad district. The proposal has an alley running along the rear of the property providing access for deliveries and parking. The development would be similar to that which has already occurred on A Street, a mixture of light industrial, retail, and manufacturing. The application is being processed under the Subdivision Code . (18.80) and would be permitted under this zoning. The Comprehensive Plan for this area is Employment with E-1 zoning. Iy3 - The Open Space and Parks plan indicates an area from Sixth to Eighth Streets or approximately half of the lot as a neighborhood park. The railroad district is identified as one of the areas that is lacking a neighborhood park within a quarter mile walking distance. This is one of the few remaining vacant areas large enough to accommodate a neighborhood park. Policies in the Comp Plan are included in the Staff Report (particularly Policy 6). Three neighborhood meetings have been held as well as meetings with smaller groups representing the railroad district, the developers, and the City, trying to identify concerns and perhaps reach some sort of consensus as to the development of this property. As of this date, no final agreement has been reached, but through these meetings, forward progress is being made toward a common ground regarding a park and traffic. McLaughlin showed the written concerns brought up at the neighborhood meeting. The major issues are addressed in the Staff Report. 1. Neighborhood park - Sixth to Eighth Streets 2. Traffic and narrowness of "A" Street 3. Intrusion of non-residential traffic into residential areas 4. Possible site contamination 5. Master plan for.entire SP owned property (24+ acres) 6. Future site design concerns Overall, Staff believes the development of this land will be of benefit to the City. Staff is recommending delaying this Planning Action for one month to allow.for the development of a Master Plan for the site,including the 20 acre piece across the railroad tracks and allowing additional time to work with the neighbors and the developer in reaching an agreement regarding park lands and to allow additional time for•research into any issues that arise tonight. McLaughlin showed a video presentation of the site. Fregonese.showed overheads of a proposal for a park and noted that the two issues involved with the neighborhood park are: 1) Where should the park be reserved, and 2) from where should the funding come? It appears it could be funded through a local improvement district. The City cannot condemn the property. The proposal shows a provision for a cul-de- sac on Eighth Street, elimination of the alley on Fifth, addition of perpendicular parking and.locating a park beginning at the half block on Fifth Street, leaving about three- quarters of the original park area, and replace with land purchased on the end (by Eighth). Fregonese mentioned there are natural springs on this property but no mapped wetlands on the A Street parcel. 2 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 14,19M PUBLIC HEARING DONNA ANDREWS, Avery Properties, Inc., was hired by Southern Pacific Transportation to market the property. Andrews spent six months of actively marketing the property without one.potential buyer. During that period of.time, several people voiced their desire for a smaller piece of land. Andrews approached SP about dividing the land into smaller parcels. Those initially interested became the reservation holders for future lots. Andrews met with City planners several times and the plan - evolved to a 16 lot subdivision. Throughout all of the meetings, she heard nothing about a park requirement. The plan has now been revised so there are 11 lots and a large lot of approximately 1.3 acres, set aside for the park. Andrews tried to clarify any misconception and explain the direction which she sees the development is heading. There is no master plan for the entire development. There are reservation holders on all the smaller lots and they will develop the land according to their own desires. There will be space for art studios with living quarters above and cottage industry spaces and other uses compatible with what already exists in that area. Attention will be paid to landscaping, open space and to the integrity of the Historic District that already exists. Andrews asked for approval of the plan as proposed. As a representative of Southern Pacific, if the designation of Sixth through Eighth as a park is a requirement by the City in order for a subdivision to occur, Andrews considers that requirement duress. Andrews answered a question by Bingham stating the difference between an option and a reservation. One cannot have an option on a parcel of land that has not yet been created, therefore, reservations have been taken with monetary consideration. Bingham wondered about the spring and what is SP's plan for the pond and the berm. Andrews responded that it would be dealt with by the individual purchaser. Bingham asked how parking requirements could be addressed without knowing what kind of businesses will locate. Andrews said that the idea of the alley along the rear would allow for additional parking and also additional parking on Fifth Street. She thought it met the necessary requirements. Powell inquired as to the dates Andrews listed the property. Andrews said it was listed as one parcel in January of 1991. The subdivision process began in August, 1991. Powell mentioned that the Comprehensive Plan and the adoption of the Open Space map went into effect in 1990. Powell said she attended a meeting concerning parks and open space in 1989 or 1990, and that a park was at least in the air at that time. ASHLAND PLANNING COMMISSION S REGULAR MEETING MINUTES APRIL 14,1992 Andrews stated that SP chose not to develop a master plan or spend any more money on .the development and that if they are required to provide such a plan, SP could possibly remove the request for a subdivision and sell the land as one large parcel. Harris wondered if Andrews had looked at the 12 Conditions by Staff and if she found any difficulty with them. Andrews responded that the most difficult item to produce would be the master plan. The other Conditions seem livable. McLaughlin said Condition 2 needs a slight modification. Nolte explained the ordinance states that the acquisition occur within a year and then reasonable assurance of funding should occur prior to that year expiring. If funds had not been raised by the end of the year, the Planning Commission would have to make a determination whether or not reasonable assurance had been given. TERRY SKIBBY, Historic Commission liaison, 611 Beach Street, said there were many unanswered questions at the Historic Commission meeting. For example, the truck turnaround could possibly be the area where the Golden Spike (1887) was located, according to the Oregon Geographic Names. This was a historically significant event. The railroad district is significant to Ashland and this development will impact the .district. Skibby's information was made part of the record (Exhibits: map - M1, historic designation - M2, notebook with pictures - M3). Skibby favored a master plan. Skibby said the cement pillars were foundation piers for the water tanks for the steam engines. PETER BRUNNER, 77 N. Main, brokers of Brunner and White Realtors, asked for approval of the subdivision. The Comprehensive Plan states this property is appropriate for a subdivision. Brunner said his business has been receiving several inquiries for commercial development property. With regard to open space, Brunner.said an area of Sixth through Eighth Streets has been identified as a possible location for a park. The Mayor has stated there are no funds available and the proposed purchasers of the property have spoken with the Planning Department and a neighborhood group, offering a compromise which seems to be palatable except for those that want a park to Fourth Street. Unless proof for a source of funding comes forth, it seems unseasonable to ask for a park. At this point, it seems no funds are available. Brunner addressed contamination of the site. Southern Pack, as a condition of sale, has agreed to clean the site prior to any sale. ASHLAND PLANNING COMMISSION - 4 REGULAR MEETING MINUTES APRIL 14,1992 Brunner argued that the 21 acres on the other side of the railroad tracks is not contiguous and is separated by the railroad tracks. SP will require a fence be constructed along the back portion of the property so people cannot access the tracks. Brunner urged the Commission to act with limited postponements. ALLAN SANDLER, 750/762 A Street, has the reservation on the property between Sixth and Seventh. Even before the property became available, there were meetings with City officials and about eight individuals were going to purchase the entire parcel, and sell a portion of the area for a park. Sandler owns property across the street and wanted to protect his position and allow for expansion of his business. He is no longer interested in further negotiations. He feels he has laid down everything that is fair. Sandler would be willing to sell Lots 12 and 13 for a park. He is also willing to make arrangements for an easement to the City for the water that is piped into Lot 10. Sandler indicated that the reservation holder on Lots 14, 15, and 16 would be willing to allow for purchase of those lots for a park. Written testimony was received on the Testimony Request form from: CHERYL LEWIS, 640 A Street MARY KRYSTINE, 266 Fifth Street DIANE SLY, 117 Eighth Street CLARICE BURCH, 108 Fifth Street, #3 RUTH MILLER, 758 Seventh Street SHERRI BROOKS, 266 Sixth Street JIM DUNCAN, 692 B Street ELAINE PLAISANCE, 692 B Street CAROLYN MILLER, 109 1/2 Fourth Street JIM LEWIS, 640 A Street, referred to his letter to the Mayor. He feels the Findings of Fact and preliminary plat map do not list any potential concerns and do not address any potential adverse impact. This the last piece of undeveloped land south of the railroad tracks. A portion of the property could be used for a park. The Comprehensive Plan addresses the needs that the neighbors have presented at this meeting. There are several letters from three.years ago addressing the same considerations (from Hutton, Cloer, Dews) stating the need for a park in this area. The Comprehensive Plan recommends the purchase of this property take place before a subdivision, therefore, this seems an appropriate time to be discussing a proposal. (Lewis' proposal is included in the packet.) 5 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 14,1992 There are an overwhelming number of reasons for a park but the one reason there is not a park, is lack of money. The neighbors are in the process of forming a local improvement district. Lewis sees, however, that there are a large number of renters in the railroad addition with a high number of absentee land owners, which could prove difficult to owners to sign in favor. They need some creative financing. Lewis is not asking to have the development stopped, merely asking that the development be planned in the best interest of the community and is asking the Commission to address open space and wetlands. It would lessen the density in the sensitive area of Eighth and A Streets, it will commemorate the history, it addresses the crossing for future development in an area where there are many jobs (across the track). According to the Comprehensive Plan, there could be up to 200 manufacturing jobs and according to the Plan, these are the types of jobs that are wanted in the City. Lewis is asking for a 30 day extension to work out some of the problems on the park plan and the master plan. If no time is to be allowed, Lewis is asking for denial. Bingham asked Lewis how he felt about the compromise. Lewis felt the park is the most important part of the plan and that a park is forever. He is only one person and wants everyone to have a say and is willing to do what the majority wishes. Jarvis thought there would be more of an opportunity to raise money for the smaller portion of land than the larger portion which would include Sandler's parcel. Lewis agreed it would be easier to raise money for the smaller park than the larger. He is just looking for creative financing and if there is enough interest, the first step would - be to form an LID. RICHARD MCKINNEY, 117 8TH ST., has the same comments entered into the Historic Commission record and asked they be entered into the Planning Commission record also. ELLEN DOWNS, 266 Fifth Street, referred to Kay Atwood's survey. Downs recommended that the entire Railroad District be nominated to the Historic Register. She suggested that the Planning Commission give thoughtful care to approving this subdivision. She is interested in promoting appropriate development for the land. Downs also believes fund-raising is possible. She has concerns about the cul-de-sac, Condition 4, diagonal parking on Fifth, and questions about parking. ZELPHA HUTTON, 59 Sixth Street, distributed a map (Exhibit 0-1) showing the water tower. The Golden Spike railroad park is not a new idea. She collected 200 signatures signing in favor in 1987 for the creation of such a park. The signatures were given to the Planning Commission. In the fall of 1989, Hutton attended an open ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES APRIL 14,1992 .t space meeting, and nominated the site of the former railroad depot for a park. In January of 1990., the nomination of the railroad park had not been entered into the minutes, though it had been submitted both orally and in writing. Therefore, CPAC and Parks Commission did not know to consider the site. The nomination was resubmitted and CPAC accepted, and the park was placed in the open space plan. It appears in the Comprehensive Plan as the open space between Sixth and Eighth. In October, 1990, Mayor Golden appointed a committee to consider a Golden Spike park. It was decided a group from the City would make a proposal to SP about the donation of land or sale for such a park, but apparently the proposal was never made. Hutton wants a multi-purpose historical park, not a sandbox. If the City has found additional land, it could possibly compensate for the land that is being lost. Since there are no schools in the district, there is a need for a place for children to play. This park would provide a nice ambience and be an asset as this area continues to develop commercially. CHARLES MCKEREGHAN, 77 Sixth Street, recently moved to the district, and he feels the idea of a park is something that needs particular attention. McKereghan supported Hutton's comments and the attempts of the railroad district to get a park. There was a movement on the part of the City administration to form a joint citizens committee to establish a park and it died with the collapse of the open space funding. The City did have an interest in maintaining the historic area where the Golden Spike was driven. This was a major historic event and tied together the whole western railroad.national transportation system. McKereghan feels it behooves the City to form a task force to move forward on funding as there is national, state, and local interest and interest on the part of the railroad to move forward with a park, and funds could be made available by these groups. He does not believe they should be constrained by the Sixth to Eighth Street property. He believes funds can be found by looking inside as well as outside the City. ERIC SETTER BERG, 155 Sixth Street, concurred with Lewis, McKereghan and Hutton. He is not in favor of the subdivision as it now stands. He felt the neighbors were led to believe that it would not be unreasonable to request a park between Sixth and Eighth Streets because it was included in the Comprehensive Plan. He believes this is an opportunity to provide for the needs of the railroad district and for the City and for historic recognition. TOM PHILLIPS, 60 Fifth Street, stated his child uses the neighborhood in which to play. Lithia Park and Lincoln School are not that close or available. He favors viewing a master plan, especially to look at cleaning up of the property, study traffic flows (cul- de-sac is like a dead end), and funding of a park. He is aware of the amount of ASHLAND PLANNING COMMISSION --- 7 REGULAR MEETING MINUTES APRIL 14,1992 grassland there is in the City because he works in various sports programs. More open space is needed. Medinger wondered if anyone was available from Parks. Fregonese talked with the Parks Director, Ken Mickelson, and he said the Parks Commission would accept the park and would develop it with the Parks funds. Parks funds cannot be used to purchase the property. Medinger asked what size park is appropriate for this area. Fregonese said there were standards in the Comprehensive Plan. BILL EMERSON, 90 Fifth Street, stated that the Comprehensive Plan in 1990 designated a park from Sixth Eighth Streets. Originally the open space area was designated between Fourth and Eighth. Now it seems there is some property that is "possibly" for sale further down Eighth Street. The Railroad District runs from Oak Street to Eighth Street. Fourth Street has always been the more commercial area. The reason it was agreed and compromised to have open space between Sixth and Eighth was because the Golden Spike was driven at Eighth and the tracks. Emerson expressed several concerns about this development. He had only recently heard about a subdivision. Semi trucks use the streets in the railroad district to get the Grange's filling station. This issue has never been addressed. He found a study was done in 1988 for the Traffic Safety Commission at the same time the neighborhood requested a stop sign at-the corner of Fifth and C Streets. He has seen the study but does not know what Traffic Safety has done about it. He believes the City should study and analyze this study as far as traffic flow. There is a potential to develop the Fourth Street area into a small town center of the railroad district if Fourth and A to Oak were used for a traffic flow. Emerson is concerned about the turnaround. Traffic will have to go to Eighth just so the traffic can turn around. He would also like to see a continuous bike path along the railroad. Emerson and his neighbors are concerned about the cost of an LID. No amounts have been shown for the costa There is also an issue of matching funds. Powell wondered why no one asked about a park when the real estate signs went up. Emerson was not aware of a subdivision because no one at the City told him. The last thing he was told by City officials was that it was not necessary to zone the area for a park because it will be a park and will never be anything but a park. Emerson submitted a Local Improvement District petition (Exhibit 0-5). s - - ASHLAND PLANNING COMMISSION REGULAR MEETING - MINUTES APRIL 14,1992 LIAM SHERLOCK, 256 Sixth Street, addressed_ wetlands, traffic and spending. He submitted a photo taken prior to the spring being shut off. He feels the wetlands need to be addressed. With regard to traffic, the area shown in the photo would be filled in for the turnaround. This is a narrow street for development. He is often stopped by 18 wheeler trucks that are pulling into the hardware store or Grange. Now they would be required to turn around in a small radius. (Color photo: Exhibit 0-6.) He would like a concrete proposal for the entire 24 plus acres for traffic flows. Sherlock said SP is selling the land, subdividing, making a substantial profit and requiring the citizens of the neighborhood to sustain a rather significant and adverse impact on their neighborhood. He believes a compromise could be worked out. Sherlock referred to his memo (Exhibit 0-7) that was handed out to the Commissioners that speaks to dedication of land when a subdivision is involved. It has been consistently upheld by LUBA that when a subdivision is proposed that significantly impact a neighborhood or an area, that the City is completely within its rights to force dedication of a portion of that land in order to compensate the City and its citizens for the adverse impacts that it will create. Sherlock referred to the City's ordinance 18.82.010 - Street and Greenway Dedication that allows for this dedication. He believes there is a viable and legal way to address and allow modified development encompassing Sixth through Eighth Streets.. Nolte does not agree with Sherlock's conclusions in his memo. 'He believes there is a . more speck ordinance that talks specifically about parks. He did not believe the land in question has ever been designated as a greenway and that would be the only time the ordinance Sherlock refers to would come into play. Also, the cases cited by Sherlock as to what is required before exacting parks from developers is not applicable in this case because the City has another ordinance stating that when a. subdivider is required to dedicate a park at no cost to the City, then it has to be for a population created by the development. A copy of the Street and Greenway ordinance was entered into the record. BETTY CAMNER, 868 A Street, is opposed to the proposal but did not give oral testimony. BETSY ANDERSON, 854 Eighth Street, had her comments read into the record. CLARITY CAMNER, 868 A Street, had her comments read into the record. 9 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL.14,1992 - V_ 1 ELIZABETH GRESELER, 586 C Street, against proposal, had her comments read into the record. JIM DUNCAN, 692 B Street, supports the testimony of the opponents, and spoke about rail passenger service. He thought there would inevitably be a resumption of rail passenger service to Ashland and feels it is the responsibility of the City to plan for that and take into consideration land that could be dedicated for handling passenger service. DONNA ANDREWS was present at "Bring Back the Train" committee and she is sensitive to this matter and she favors setting aside a place for a station. She reiterated that every effort has been made to keep the architectural design in keeping with the Railroad District. SP has a commitment to clean up the property (the 21 acres and the four acres). SP is looking for revenue from the sale of the property to be used to clean up the property. Andrews said the opposition she is hearing is to the initial proposal. This has been modified and she does not understand where the major conflict lies. The opponents want a park and a park is being offered. Jarvis asked Andrews why a month delay be a problem. Andrews said it is only a problem because she is not certain what the Commission hopes to accomplish with the delay. If funding is the reason, that would be an acceptable reason to delay. If. the Commission is looking at revamping the entire development, SP is at a point where they could pull the entire subdivision off the docket. McLaughlin said the 120 day clock began April 7, 1992. Andrews identified the 1.23 acre area reserved for a park as the middle of Sixth Street through Eighth. McLaughlin added the City was involved in trying to acquire the railroad land when the open space funding went before the voters. When there was no funding available and the City dropped out of the negotiations, the Comp Plan has specific policies that state if the City does not have funding, the land is able to develop at the underlying zoning. The Planning Staff was following that direction. Since that time, Staff has learned about a portion of the subdivision ordinance that allows for the reservation of land. Commissioners voted unanimously to postpone Planning Actions 92-033 and 92-048 until next month. ASHLAND PLANNING COMMISSION t0 REGULAR MEETING MINUTES APRIL 14,1992 COMMISSIONERS DISCUSSION AND MOTION Harris moved to continue the public hearing to May 12, 1992 at 7:00 p.m. but limiting to the issues listed tonight. Powell seconded the motion. The Commissioners agreed that the following items needed to be addressed at the next meeting: MASTER PLAN Commissioners agreed a master plan is needed. 1. The applicant is not tied to the master plan. Include proposed use of the land, however, this is always open to amendment. 2. Provisions for fencing or protection so people cannot get to the railroad tracks. 3. Include recycling areas. 4. Incorporate a bike path. 5. Contamination issue - clear assurance it will be handled. WETLANDS 1. Contact Division of State Lands for their evaluation of wetlands. 2. Encourage SP to consider wetlands. 3. If the City is permanently diverting the spring water, will the ponds be filled in? 4. Check out the drainage situation. HISTORIC SIGNIFICANCE OF THE SITE It is essential to preserve the historic nature of this site, riot be a token remembrance, but something significant since this is the site of the Golden Spike. PARK Commissioners agreed they would like to see a park in the Sixth to Eighth Street area. 1. Is parking needed for the park? 2. What size should the park be? How is the size determined? Encourage the applicants to develop a rationale to justify a park from Sixth to Eighth. Fregonese will address this issue at the next meeting. 3. If the spring could be left to flow, it would be nice to use in the proposed park. n ASHLAND PLANNING COMMISSION _ REGULAR MEETING . MINUTES APRIL 14,1992 �D3 4. Again, keep in mind that the most historic event in Ashland occurred on Eighth and A (Golden Spike). 5. Have Staff clearly locate where the Golden Spike was. PARK FUNDING 1. What is the price tag? Nolte explained that typically a ballpark figure is put into a petition and refined when the Council adopts its first resolution. 2. Who.will pay? 3. Nolte will explain how an LID is formed. A note to the neighbors: The further they can get with the funding mechanism and the formation of an LID, the more it will help the Planning Commission make a decision. TRAFFIC 1. Cul-de-sac on Eighth could be a potential problem. What size turnaround is needed to handle 18 wheeler? 2. Include a possible delivery area only somewhere off A Street. 3. The aim is to make A more convenient and Fifth and Sixth less convenient. 4. Look at better ways for ingress.and egress to trucks. 5. Study parking and traffic flow through the entire area. 6. Parking needs to be addressed at this time since the parcels will develop piecemeal. 7. Address the problem of trucks in a residential neighborhood--not just for deliveries but for refueling at the Grange. 8. Traffic plan for the area. The motion carried unanimously and this action will be continued next month. CARR MOVED TO CONTINUE TO 11:30, IT WAS SECONDED AND CARRIED. PLANNING ACTION 92-042 REQUEST FOR MODIFICATION OF OUTLINE AND FINAL PLAN APPROVAL TO DIVIDE LOT 1 OF OAK CREEK SUBDIVISION INTO TWO LOTS AT 550 CLAY STREET. APPLICANT: BUCK MUNSON Site visits were made by all. STAFF REPORT ASHLAND PLANNING COMMISSION - 12 REGULAR MEETING MINUTES APRIL 14,1992 ASHLAND PLANNING DEPARTMENT STAFF REPORT April 14, 1992 PLANNING ACTION: 92-001 APPLICANT: Donna Andrews/Southern Pacific Transportation Co. LOCATION: North side of "A" Street, between Third and Eighth Streets ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.80 Subdivisions REQUEST. 16-lot commercial subdivision ' I" 'Relevant Facts 1) w Background - History of Application: .: In December, 1989, the Planning Commission Hearings Board approved a 3-lot minor land partition for this property (PA89-203). The property was "`divided such ihat.there was a lot created west of the Grange Co-Op, the lot for the Co-Op, and the remainder to the east. It is the eastern remainder which is being requested for subdivision. After the initial notice was mailed regarding this subdivision request, concerned was raised in the Railroad District regarding the application. The initial hearing was postponed for one month, with agreement of the applicant, to allow an opportunity for an informal neighborhood meeting to be scheduled. Due to the delay for neighborhood input and concurrence for the delay by the applicant, the application was deemed complete by the Planning Department on April 7, 1992. After an initial meeting at the Planning Office with some residents of the neighborhood, and other meetings with the applicant, the first neighborhood meeting was held March 18th at the VFW Hall. Approximately 70 people attended and discussed the development. After other office meetings, another neighborhood meeting was held on April 2nd, again at the VFW Hall on "A" Street. Further smaller meetings have been scheduled for the afternoon of April 7th, as well as the Historic Commission meeting on the evening of April 8th. 2) Detailed Description of the Site and Proposal: The applicants are requesting to subdivide a four acre parcel into 16 lots. The lot extends from approximately the Grange Co-Op between Third and Fourth Streets to Eighth Streets. The lot sizes range from the largest at Eighth and "A" Streets of 16,782 sq. ft. to the smallest of 5840 sq. ft. The average size is approximately 6800 sq. ft. A dedicated 20' wide alley runs along the rear of the property, next to the railroad tracks. Alleys also extend from "A" Street to the rear alley across from Fifth, Sixth, and Seventh Streets. A street dedication has been proposed at Fourth Street, facilitating a future rail line crossing at this point, allowing access to the remain 20+ acres of railroad owned property across the tracks. No specific uses are being proposed as part of this application, although several potential property owners have inquired about certain uses which may be proposed for site review approval in the future. The applicant has stated that all proposed lots have been reserved by potential purchasers. As stated above, the land is zoned E-1, and has a Comprehensive Plan designation of Employment. Also, the area between Sixth and Eighth Streets is indicated on the City's Open Space Plan Map as an area for a neighborhood park. This plan and map are included as specific elements of the Comprehensive Plan. The issues surrounding the park plan and the Comprehensive Plan will be discussed further in the Staff Report. Surrounding uses include the developed properties across "A" Street from this site. These lots are all zoned E-1, and include a variety of businesses, residences, mixed uses, etc... Across the railroad tracks from the property is vacant land currently owned by Southern Pacific, and which is not part of the subdivision. The land is currently used for pasture. II. Project Impact This is an interesting application, in that the request for a subdivision, in and of itself, does not create an impact. Essentially, there is a vacant 4 acre parcel of land there at present, and after subdivision, there will be 16 small vacant parcels. The impacts will come from the development of the different proposed uses for the lots and not from the act of subdividing the property. The subdivision merely acts as a catalyst for encouraging smaller businesses to develop on these parcels. This-application is being processed under the Subdivision chapter (18.80) of the land use ordinance. This is different than the Commission has generally seen for residential subdivisions, in that this is a much older and seldom used section of the ordinance. The.ordinance states that a subdivision is an outright permitted PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 Page 2 use in this zone, and that no further criteria need be met, other than those related to dedication of streets, preparation of the survey plat, etc... The provision of adequate facilities, neighborhood impact, etc... are not required to be addressed by this proposal, but must be met in the future by applicant's requesting Site Review approval. However, the Commission is given quite a bit of latitude in adding conditions and making design changes under the subdivision ordinance, relating to the overall layout of the subdivision. From the neighborhood meetings, and from staff review, there are several items of concern to be addressed: 1. Neighborhood Park - Sixth to Eighth Streets 2. Traffic - "A" Street is narrow 3. Intrusion of non-residential traffic into residential areas 4. Possible site contamination 5. Master Plan for entire SP owned property (24+ acres) 6. Future Site Design issues While this list is not all inclusive of the concerns raised at the neighborhood meetings, it does contain those that Staff feels are appropriate for the Commission to consider at this time. 1. Neighborhood Park -Sixth to Eighth Streets During the recent update of the Comprehensive Plan, a new Parks and Open Space plan was adopted, as well as a new chapter in the Comprehensive Plan. In this document (Chapter VIII), it discusses neighborhood parks. To quote from different sections of the chapter: 'Neighborhood parks are designed to be within a one-quarter mile radius of the area they serve, and,are related to the neighborhood's character. "As Ashland grows, it will need to add parkland to accommodate new population and to increase recreational opportunities to the existing population. "Consideration of both existing and proposed (community) park areas reveals that several neighborhoods will be more than one-quarter mile from any park Four parks are planned to accommodate the remaining neighborhoods that would need parks for casual, pedestrian use. The neighborhoods are the Oak Knoll area, the Guthrie Street area, the Railroad District, and the Timer Street area (emphasis added) PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 �� . Page 3 'Policy 6) The City shall adopt an official map that will identify the planned areas for parks, new natural areas, conservation areas, and trails. Where only a portion of the property is required for park of open space use, development can occur on the remainder of the property. When only a small portion of the property is required for public purpose, and the new development will benefit from the public area, dedication may be required. Otherwise, the City will purchase the property, paying fair compensation. When development is possible, if the City does not have the funds available for the intended purchase within a reasonable amount of time, the City shall release the land from the Parks designation and allow the development consistent with other plan policies." The City adopted an official map as part of the Comprehensive Plan, designating the area between Sixth and Eighth Streets as a future neighborhood park. As shown from the above Plan statements, a park is planned for this area, but as also shown in Policy 6), unless the City has the funds available for purchase, then the City shall allow the development following other plan policies, which would be essentially under the E-1 zoning. And as the Commission is aware, there is presently no City funding in place for acquisition of properties in the open space/parks plan. This creates a dilemma and conflict, in that the Plan has identified. the Railroad District as an area that is deficient in neighborhood parkland, yet the area that could provide that park is proposed ultimately for development as a commercial subdivision, which may make it ultimately impossible to provide a park for this neighborhood. At the neighborhood meetings held recently, there has been discussion regarding the neighborhood purchase of land designated for a park, perhaps through a local improvement district. However, the applicant has stated that all parcels have previous reservations, and that the persons who have made offers have'the first opportunity to purchase, and that should the City/neighborhood wish to purchase the land, they would have to deal with these other owners. However, there is a section in the subdivision ordinance, 18.80.020 G., which refers to land for public purposes. The ordinance reads as follows: "G. Land for public purposes. 1. The Planning Commission may require the reservation for public acquisition, at a cost not to exceed acreage values in the area prior to subdivision, of appropriate areas within the subdivision for a period not to exceed one year, providing the City know of an intention on the part of the State Highway Commission, school district, or other PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 Page 4 public agency to acquire a portion of the area within the proposed subdivision for a public purpose, including substantial assurance that positive steps will be taken in the reasonable future for the acquisition." The City Attorney has reviewed the ordinance section in relation to this application and has determined that there are basically two tests involved - that the land to be acquired is part of plan for public acquisition, and that there are steps being taken to acquire funding for the purchase. If these two tests are met, he has stated that the Commission may require, as a condition of approval of the subdivision, that an area indicated as a neighborhood park be reserved for purchase by the City of Ashland within one year. This condition of approval would supercede any reservations made, since it is a condition of the approval of the subdivision, rather than an offer made to purchase. This also does not constitute condemnation of the property for acquisition by the City, according to the City Attorney. As of the writing of this staff report, the City, neighborhood, and applicants are negotiating over the provision of park space as part of this subdivision request. Options are being discussed over the City acquiring the property from current reservation holders, or directly from Southern Pacific. Discussion is also being held on the size of the park area, perhaps coming to an agreement that allows all involved to achieve their goals. Further reports on the negotiations will be discussed at the meeting. 2. Traffic and narrowness of "A" Street Issues have been raised about two cars passing on "A", with parking on both sides, and with additional development proposed for an already busy street. Staff has examined the option of requiring an additional dedication of right-of- way from the railroad property to allow for the widening of the street to allow for two travel lanes and two parking lanes, as well as sidewalks. However, such a dedication would narrow down the proposed lots such that they may become unbuildable. Staff believes that the proper decision here will be to ultimately remove parking from one-side of "A" Street, allowing for ease of travel for two lanes of traffic. This decision would ultimately be reviewed by the Traffic Safety Commission and acted upon by the City Council, based upon traffic increases generated by the new development of the property. Overall, however, it is Staff's opinion that "A" Street, with one lane of parking removed, will easily handle the traffic for this area. Off-street parking will be required of all uses proposed in the future, in accord with the City's ordinances. And to address the loss of some of the off-street parking, Staff recommends that the right-of-way width for the area directly across from Fifth Street be widened from the 20' proposed to 70', allowing for diagonal head-in on-street parking, PA92-001 Ashland Planning Department — Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 �� Page 5 which would not only address the loss of some of the "A" Street on-street parking, but could also be credited to the adjacent development. 3. Intrusion of non-residential traffic into residential areas A concern was raised in the neighborhood meetings that should this area develop commercially, then a natural route for traffic will be along Fifth, Sixth, Seventh, and Eighth Streets, either for arriving at or leaving the potential development. This will result in additional, non-residential traffic going through these neighborhoods and resulting in negative impacts. Staff concurs that the development would ultimately increase traffic, and we believe that there should be some form of turn-around, perhaps at the end of "A" Street at Eighth to allow for commercial oriented traffic to return down "A", possibly exiting the area on Fourth, or going out to Oak Street. This would require the additional dedication of a cul-de-sac at the end of "A" Street. Another option would be for a cul-de-sac style turnaround at Sixth Street, before the area contemplated for a park. This would shorten that area that trucks would negotiate on "A" Street, and limit commercial traffic on "A" past Sixth, and therefore in the neighboring residential areas. The drawback to this approach would be that trucks that have to make deliveries beyond Sixth Street would be required to go through the residential areas, and not be able to turn-around. Further, we believe that steps should be taken to discourage through-traffic on the residential streets of the district. While these off-site improvements could not be placed upon the applicant, we believe that the City should undertake certain improvements along "A" Street that would make trips along the side streets less desirable. These could include redesigning the intersections such that it is difficult for trucks to negotiate the corners, and signing specific routes for truck travel. The wide streets of the railroad district encourage faster car travel, so perhaps modifying the intersections such that they "neck down" at key points to make traffic slow down, and decrease the desirability of certain routes, while encouraging the desirability of other routes. Again, this would be an undertaking for the City, with review by the Planning Commission and Traffic Safety Commission prior to implementation by the City Council. But we believe that there are steps that can be taken to ensure that traffic increases are reasonably addressed. 4. Possible Site Contamination Discussion occurred at the neighborhood meeting regarding the possible contamination of the property by previous use of the land, and whether it will be properly cleaned up if contaminated. This is beyond the general scope of the PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 O Page 6 City, and lies in the domain of the Oregon Department of Environmental Quality. They are properly trained and manned to respond to these concerns. However, the subdivision ordinance does state that the subdivision must conform with the requirements of State laws, and therefore, the Commission may require, as a condition of approval, that all parcels be approved for construction by the Department of Environmental Quality prior to the signature of the final survey plat by the City of Ashland. In this way, the City has ensured that the contamination issue has been addressed prior to any changes in ownership of the property, and well before any construction is allowed to begin on the parcels. Southern Pacific has stated, through their agent, that they are committed to addressing the contamination concerns, and already appear heading towards addressing this concern. 5. Master Plan for entire SP owned property (24+ acres) In addition to the 4 acres of property being proposed for a subdivision along "A" Street, Southern Pacific also owner more than 20 acres of land across the railroad tracks, as well as the right-of-way along the tracks themselves. During the neighborhood meetings, it was discussed about having a full master plan for the entire property owned by SP, including a street layout and crossing of Fourth Street. Regarding Master Plans, the subdivision ordinance states as follows: "18.80.040 Preliminary Plat G. Partial Development. Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may require a Master Plan for the unsubdivided portion." Further, the Land Use Ordinance defines a "tract" of land as follows: "18.08.790 Tract, or area of land. A unit, or contiguous units, of land under single ownership." Therefore, the Planning Commission may require, as one of the items to be submitted with the preliminary plat, a master plan for the entire site owned by SP. Given the opportunities for future development of the Southern Pacific property to the north of the railroad tracks, and the necessity of developing and logical and efficient street system, Staff concurs that a master plan for this area would be of benefit to City in reviewing this subdivision request, as well as its effect on the future development of the area as a whole. PA92-001 Ashland Planning Department — Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 �1 ' Page 7 Staff recommends that a master plan be submitted prior to the Planning Commission taking final action on this request, and that the master plan indicate the street layout for the development of the 20+ acre parcel to the north of the railroad tracks, as well as a tentative lot layout. The street layout shall include designs considering connections to New Street (near Oak), Williamson Way, as well. as Fourth Street. 5. Future Site Design Concerns As stated before, concerns over the appearance of the development was raised as a concern by the neighborhood. And as discussed, no specific development proposals have been included as part of this proposal, so the Commission is limited to the subdivision request, and not Site Review. The Site Review ordinance is a very good tool for reviewing design issues, and Staff recommends that the Commission not address issues of design at this point, and defer all issues of design to future site review applications. III. Procedural - Required Burden of Proof As stated .previously, the criteria for a subdivision under chapter 18.80 is much different than those under the Performance Standards. In section 18.80.020 A., it states as follows: The subdivision shall conform with the requirements of State laws and the standards established by this Chapter. In Staffs opinion, we believe that with the imposition of conditions, that the application meets the required burden of proof. IV. Conclusions and Recommendations Staff believes that the subdivision will have a positive impact on the City's economy in encouraging small commercial development along "A" Street, similar to that already development in the Railroad District. Further, we believe that the City should reserve a portion of the land for acquisition for neighborhood park purposes, thereby meeting the neighborhood park requirements for this area as discussed in the Comprehensive Plan. The Commission has the power the require a Master Plan for all contiguous lands owned by Southern Pacific, and Staff recommends that the Commission delay taking final action on this subdivision for 1 month, allowing the applicant an opportunity to provide the master plan for the area. PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 �' � Page 8 The one-month delay would also allow negotiations between the parties to continue regarding the acquisition of park land, and any other items that may be in dispute. However, should the Commission not wish to delay this action further and chooses to approve the request, we would recommend that the following conditions be attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the City of Ashland reserve the land between 6th and 8th Streets, indicated as Lots 10-16 on the plat, for acquisition as a neighborhood park. The area delineated for acquisition may be modified dependent upon final determination by the Planning Commission. 3) That a cul-de-sac style turn-around be provided at the intersection of Sixth and "A" Streets, facilitating the turning around of commercial traffic and trucks along "A" Street, and decreasing non-local traffic in the remainder of the railroad district. 4) ., That all alleys approved, as well as the street extensions of Fourth and Fifth Streets and the cul-de-sac turn-around, be installed and completed prior to signature of the final subdivision survey plat, as required in 18.80.050 F. Improvements may be fully bonded, as allowed by the subdivision ordinance, or guaranteed by-the formation of a local improvement district for all required improvements. 5) That a 5' sidewalk be provided along "A" Street for the full frontage of the subdivision, and that street trees, 1 per 30' of frontage, be installed directly behind the sidewalk, with root barriers. Such sidewalk and street tree improvements to be done prior to the issuance of a certificate of occupancy for any new structures or uses on the new parcels. 6) That a 3.5'.street right-of-way dedication be provided for the full frontage along .."A" Street. 7) That the right-of-way dedication across from Fifth Street be increased from 20' to 70', and that diagonal on-street parking be provided. 8) That all necessary easements be provided as required by the City of Ashland, for sewer, water, electric, and streets. Specifically, that a 30' PUE be provided along the rear of the properties, and an additional 10' wide easement be provided to the west of the newly dedicated section of Fourth Street, an additional 10' wide easement be provided to the east of the newly dedicated section of Fifth Street, and an additional 10' wide easement be provided to the PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 Page 9 east of the dedicated alley across from Sixth Street. That an easement be provided for the existing power line crossing at Sixth Street. Any changes in the easement requirements to be approved by the Engineering and Electrical Departments prior to signature of the final survey plat. 9) That the area near Sixth Street, having a water line providing spring water to this area, be addressed as part of the overall improvements to the subdivision. Applicant to receive approval of the Division of State Lands regarding wetland status for this area prior to the signature of the final survey plan and prior to commencement of any construction activities regarding this specific area of the site. 10) That the applicants receive certification from the Oregon Department of Environmental Quality that the property is not contaminated, and that future construction or park use of the land can be allowed. Such certification to be complete and submitted to the City prior to the signature of the final subdivision survey plat by the City of Ashland. 11) That a final survey plat be submitted for review and approval by the City of Ashland within 12 months of the approval of the subdivision. 12) That the alley indicated behind the-area to be a neighborhood park be deleted from the subdivision design. And that the alley indicated behind Lot 1 be deleted, as it does not provide a linked access to other portions of the development. PA92-001 Ashland Planning Department -- Staff Report Donna Andrews/Southern Pacific Transportation Co. April 14, 1992 �'� Page 10 ASHLAND HISTORIC COMMISSION Minutes April 8, 1992 CALL TO ORDER The meeting was called to order by Vice-Chairperson Terry Skibby at 7:35 p.m. Members present were Jim Lewis, Terry Skibby, Jane Dancer, Keith Chambers, Le Hook and Steve Ennis. Also present were Assistant Planner Kristen Cochran, Secretary Sonja Akerman and Council Liaison Susan Reid. Lorraine Whitten,Jean MacKenzie and Deane Bradshaw were absent. (Lewis sat in the audience during the first staff report and discussion due to a conflict of interest.) NEW MEMBER Skibby introduced newly appointed member Steve Ennis. APPROVAL OF MINUTES Hook moved and Dancer seconded to approve the Minutes of the March 4, 1992 meeting as mailed. The motion was unanimously passed. STAFF REPORTS PA 92-001 Subdivision "A" Street Donna Andrews/Southern Pacific Railroad Cochran explained the applicants are proposing to divide this property into 16 lots. When the notice first went out, neighbors expressed concern about traffic problems and lack of a neighborhood park (a portion of the proposed subdivision had been designated as open space by the City when the map was adopted by the City Council). She went on to say that five issues will be addressed in the findings: 1) neighborhood park -- which is designated as open space from 6th to 8th Street in the recent update of the Comprehensive Plan (possibility of neighbors forming a local improvement district because key issue is funding); 2) traffic ('A" Street is so narrow) -- remove parking on north side of "A" Street and construct a truck turn-around between lots 5 and 6; 3) intrusion of non-residential traffic into residential areas — dedication at 4th Street to go through (although this one will take a minimum of two years to implement), route traffic through Oak and Pioneer Streets, install signs at 6th and 7th Streets designating no truck traffic, and 6th, 7th and 8th Streets narrowing at entries to slow down traffic; 4)possible site contamination -- all State laws will have to be met (City Attorney has recommended a condition that all parcels be approved for construction by the Department of Environmental Quality prior to final plat signature approvals by the City); and 5)future site design concerns -- the site review ordinance should encompass this, as it is very restrictive and designs need to be compatible (not issue at this approvals by the City); and 5)future site design concerns -- the site review ordinance should encompass this, as it is very restrictive and designs need to be compatible (not issue at this time). Staff is recommending approval for the subdivision, but conditions are being worked out regarding each of the above five issues. Alan Sandler,who owns property between 6th and 7th Streets and has an option to purchase lots in the proposed subdivision across the street, stated he wanted to know what position the Historic Commission would take regarding taking land for a park. Reid informed him only the City Council can make a decision such as that and added the Historic Commission is charged with making decisions and recommendations regarding historic nature. Sandler then said he would like to purchase the lots to protect his view and expand his business, and would be willing to donate or sell the City a portion for a park. He would also like to see deed restrictions put in place now instead of later regarding design. Richard McKinney stated he lives in the Railroad District and offered a critique of the proposal. He feels his quality of life and property values will be adversely affected by this. The area has historically been residential,with some small scale commercial areas along 4th Street. The streets in the area (including "B" Street as a collector) are quiet and residential, many without sidewalks. Traffic will be greatly increased. McKinney quoted from the Design Standards section of the Land Use Ordinance regarding fully improved existing streets to be used as access to a subdivision. He feels the proposal is completely out of scale with the neighborhood. He stated he is not opposed to development in the area and offered an alternative plan which would place the development where it historically should be and the park needs would be met. He also feels the entire SP property (on both sides of the track) should be included in a "master plan" as provided in chapter 18.80.040. (The testimony is on file in the Planning Department and has been made a part of the record for PA 92-001.) Bill Emerson said that in 1988, his neighborhood met with the Traffic Safety Commission to get a stop sign on the corner of 5th and C Streets because of the heavy traffic, including traffic to and from the.Grange Co-op. They got a yield sign instead and it has helped. They had felt that 4th Street was the logical designated through street. At the time, the Traffic Safety Commission was going to do more research on this, and he questioned if this had been done, as there is bound to be more heavy traffic with this type of development. He also stated the neighborhood park has already been designated by the Parks Commission and the City and did not feel it is fair to barter this property. Chuck McKereghan said it is a fact the Railroad District has desired a park for many years and this has been recognized by the City. He also said he feels it would be premature for anyone to pass judgment on this issue because there is not enough information regarding the subdivision. Ashland Historic Commission Minutes April 8, 1992 Page 2 a�b _ review the proposal, a master plan has been submitted and the history of the property researched. Tom Phillips maintained 5th Street is already used as a corridor and the children in the neighborhood have to play in the alleys and streets because there is no open space in the area. He said that to require a master plan could only be a win-win situation. Most people in the Railroad District want to see development, but in the proper way. It is important to not only look at the Comprehensive Plan and the designated park between 6th and 8th Streets, but to also look at the need and the number of people that would be using the park. Maybe it would need to be larger. Business and development have their appropriate places, but they also need to determine how to keep the neighborhood. He later commented that the remainder of the SP property has been taken off the market, but no one has looked at the big picture. He cautioned the Commission about taking action bit- by-bit rather than looking at a master plan. . Reid asked Cochran if a traffic study was required for this action. Cochran answered no. Reid said there are legal questions and planning questions and it sounds as though not all the information has been collected. The reason for this is that negotiations are still taking place explained Cochran. Jim Lewis read 18.80.020(G) from the Land Use Ordinance regarding public acquisition of property. He stated neighborhood meetings have been held and he feels it is possible to fund the"park through an LID. They" don't want to lose this chance to acquire the land. Gary Brewer„questioned Sandler on how much property he would be willing to donate and h ow•much he needs to expand his business. ,Sandler said he is now unsure if he will donate anything `'P4' tiations are within 75 to 100 feet of park space and they are now waiting fortthe neighborhood to get together. Bill Emerson and Richard McKinney both stated they are not asking for everything. Emerson said he had talked with a planner a couple years before and was assured the property designated as open space would stay that way. Betty Camner said she also talked with a planner who said that area would still be a neighborhood park. Then the substation proposal came up so it was dropped for a while. Bob Martindale stated that in Oregon, a public official can tell you something and it can either be true or false. Jim Lewis explained the Comp Plan is a ten year document and it has just recently been revised. The applicant has neither addressed the Comp Plan nor traffic, in his opinion. Cheryl Lewis said John Fregonese had attended the neighborhood meetings and said the Parks Department supports this neighborhood park is willing to maintain it. Jim Lewis added there are letters on file from the Parks Commission to support this. Diane Sly added there are no other open space choices in the Railroad District, this is the land that is for sale and it is the property that has been designated by the City. Ashland Historic Commission Minutes April 8, 1992 Page 3 Betsy Anderson said it is already like a park and people walk through it all the time. She has read the LCDC goals (which are State law) and preservation of the viewshed is a portion of one of the goals. This has always been a viewshed, as only one structure has ever been built there. She asked that the viewshed be maintained. She also would like to see a master plan of the entire 25 acres and recommended the subdivision approval be postponed until this is submitted. Ann Bass added it has been almost unanimous for the neighbors to form an LID, as they are willing to put money into it. Jim Duncan questioned the legality of SP selling options before the property is subdivided. Peter Brunner stated he is a broker and part owner of Brunner & White, the real estate company selling the property. Towns are designated for development and we all have to live here. Owners have property rights. The SP property was listed almost a year ago and the property did not sell. SP came to his company to sell the property. Since people couldn't afford or were not interested in buying the large parcel, they came to Brunner & White and wanted to invest their money in smaller parcels. He added it is common practice to reserve a lot, as it is not really an option, it is a reservation. The Comp Plan is already here and it identifies E-1 property. Open space is also a part of the Plan. The City cannot tie up property more than one year for acquisition, and it has to be shown the people or City can come up with the money. Skibby stated he was not comfortable with the incomplete plans presented. Hook added he has difficulty in recommending anything without conditions (referring to the five conditions stated earlier by Cochran). He has heard a lot about the need for a master plan and agrees with this. Chambers was surprised only one person brought up the viewshed. Open space began at 8th Street in the beginning of the City and he has a hard time imagining a two story building as an improvement. He feels it would be irresponsible to consider this action without seeing a master plan. Dancer agreed. Ennis said the issues brought up with parking and traffic sound like it is going in the right direction, but without seeing more of the entire package, it would be difficult to make a decision. Skibby added the first house in Ashland was located in the Railroad District near the proposed park and the Golden Spike is also located there. There are too many items which need to be addressed so he is not ready to approve. Hook moved to not recommend approval or denial on this action because of 1) the lack of a master plan for the entire 25 acres and 2) the lack of information. Chambers amended the motion to recommend denial of the requested subdivision, as the Historic Commission feels it is appropriate to request a master plan to provide full detail of the 25 acres and a resolution of the area to be included in open space. Ennis seconded the motion. Skibby added the five conditions as stated earlier also need to be addressed and the historic nature of the site should be researched. Peter Brunner interjected a point of order, stating the Historic Commission is not the Planning Commission, nor the Traffic Safety Commission, nor the View Commission. Skibby explained the Commission is addressing livability, which is a part of its duties. The motion, as amended, passed with all voting aye except Lewis, who was still in the 'audience and abstained. Ashland Historic Commission �1 Minutes April 8, 1992 Page 4 TO : RESIDENTS and PROPERTY OWNERS of the RAILROAD DISTRICT FROM: RAILROAD DISTRICT COMMITTEE RE : NEIGHBORHOOD MEETING WITH ASHLAND PLANNING DEPARTMENT TO DISCUSS PROPOSED SUBDIVISION ON "A" STREET +tqZ-oot WHEN: WEDNESDAY, MARCH 18, 1992, 7 P.M.. WHERE : V.E.W. HALL, BETWEEN 4TH & 5TH ON "A" STREET, ASHLAND The purpose of this meeting is to get the resident ' s input on the fate of the property bordering "A" Street (see map) that the real estate firm of Brunner and White is attempting to subdivide into 16 lots. You are invited to come participate in an unprecedented meeting in our neighborhood between the residents and. the City of Ashland Planning Department prior to the Public Hearing that has been rescheduled for the month of April . This is an opportunity to tell the Planning Department what you would like to see happen here (open space, commercial development, residential, . etc. ) . As you probably realize, the traffic patterns parking issues, etc. , in the neighborhood could be drastically altered- by commercial development and ' the numbered streets (4th-8th) would be effected the most. Because of .all -the factors involved and the major impact this will have on our neighborhood please make your attendance at this meeting a priority. If you are a renter please come and also pass this information along to your landlord. If you have any questions prior to the meeting call Betsy Anderson, 488-2409. t 4 t Mayor CathyGolden Ashland, Oregon Dear Mayor, March 10, 1990 This letter is in regards to planning action 92-001 (see attached sheet) . A proposed subdivision of 4.09 acres out of the twenty seven acres Southern Pacific has been trying to sell and is now trying to develop, (see attached map) . I feel this development could potentially put undue pressure of the "A" to 8th street corridor by increasing density and traffic flow. Since only recently have Southern Pacific properties gone on the market, our Planning and Community Development staff have not had a chance to fully figure the impact either positive or negative. Let's take time and look at the whole Southern Pacific properties as one integral unit so development can be guided to areas of less negative impact, (to 4th and Hersey) At this point in history we have very little planning data to make a well informed decision. Planning action 92-001 looks only at the development of 160,000 square _ feet of the more than one million square feet of Southern Pacific's holdings within the city center. These considerable Ashland holdings could potential= ly be an asset, not only for Southern Pacific, but an answer to where the City's new manufacturing jobs will come. May I also address the issue of open space within the Historic Railroad District. The latest Comprehensive plan locates open space in just the area affected by Planning action 92-001 and when one looks at developing all of the Southern Pacific properties, this one small appendage on the City side of the tracks seem a logical place for a lineal park. May I also submit a proposal or first draft plan of said park, (see map). Let's have an open discussion of the subject T= onewants to talk about, the subject of open space financing. I feel to have an open space strategy without funding, handicaps a process that if allowed to pass without action, will be a loss not only for the community today, but for generations to come. If forming a Local Improvement District (L.I.D.) is the recommended wal to acquire financing, then we need to decide how large is the district, and if people on a low fixed income could have their assessment deferred until the sale of their property to reduce any undue financial burden. This property was recently listed on Multiple listing, 4.09 acres for $412,000 which is approximately $2.52 a square foot. A park of approximately 100,000 square feet would fit nicely into this"A" Street area and keep the higher density and traffic flow concentrated in the 4th and "A" Street town center. Lest we forget history, we must remind ourselves that Lithia Park's existence hinged on decisions made in the interest of community rather than in the interest of financial gain. This beautiful park was in the mind's eye of forward looking town folk at the beginning of the century. Plow, we are at the end of this century and "A" Street is the park and we are those forward looking town folk. So in closing, I feel we need to plan for the new downtown of Ashland with a full perspective, not a limited view. Respectfully yours, i James Lewis 640 "A" Street 482-1173 Reference; Comprehensive Plan (open space) Land use chapter 18.80.040 preliminary plat G. Partial development. "Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may require a toaster Plan for the unsubdivided portion." Title 18 Pages 8 & 9 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 10, 1992 CALL TO ORDER The meeting Was called to order by Chairman Neil Benson at 7:10 p.m.. Others . present were Bingham, Jarvis, Medinger, Hibbert, Harris and Carr. Staff present Were McLaughlin, Molnar and Yates. Chairman Benson announced that Planning Action 92-001 (Donna Andrews) has been postponed until next month. There will be a neighborhood meeting on March 18th, 1992 at 7:00 p.m. at the VFW Hall to discuss the concerns surrounding this application. APPROVAL OF MINUTES AND FINDINGS Jarvis moved to approve the Hearings Board Findings for Maurer (PA92-022). Carr seconded. Hibbert moved to approve.the Minutes and Findings of the Regular Meeting of March 10, 1992. Harris seconded and both were approved. PUBLIC FORUM Carr mentioned that the Mark Antony is on the National Register and she objected to the sign making business that is so visible to passersby and that it did not seem in keeping with the building. McLaughlin felt the Commission did not have any control as to what is done on the interior of the building. HERMAN WOOD, 173 Heiman Street, spoke with regard to Findings on Friedman that were just made. In the last two weeks Dick Chambers has taken sound readings and those readings exceed the allowable levels. McLaughlin said the decision is final as of the time the Findings were approved (which would be this date). If the sound levels are out of range, there could be a revocation _hearing. LENNY FRIEDMAN, Pyramid Juice, said Dick Chambers came one evening and tested and even with the compressor off, the decibel reading was 47. JOAN HADDAD, 175 Heiman, said the last two readings were taken between 1:00 a.m. and 4 a.m. and the levels were 47 and 48, over the City's allowable level of 45. Carr amended the Findings -- Decision, for Planning Action 92-024 to read: "Further, if any one or more of the conditions are violated by the applicant, for any reason whatsoever, then Planning Action..." Ali Notice is hereby given that a PUBLIC HEARING spccifywhich ordinance criterion the objection is based on atsoprecludes your 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 tieforetheASHLANDPLANNINGCOMMISSION applicant and Applicable criteria Are available to'inspe"Onatno coal And Will be provided at reasonable toss,if requested, A ropy of the staff report will be onthelOTHDAYOFMARCH, 1992AT7:OOP.M. available for inspection seven days prior to the hearing and will be provided at 8t the ASHLAND CIVIC CENTER 1175 East Maln reasonable cost, if reqOe5tCd. All materials are available at the Ashland CENTER, Planning Department.City Hall,70 Fast Main,Ashland OR 9751A. Street, Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and those in attendance ooneerning this requtsL The Glairshall have the right e ord inance criteria Applicable to this application are attached to this notice. [o limit the length of testimony andrequire that comments be:esttitted to the Oregon lawstates that failure to raise an objection concemin this lies ' ' either in person orby letter,or(ailute to provide sufficient specificity toafford i applicable criteria. the derision maheran opportunityto respond to the imre,precludes your right If you have anyquestions or mmmentscon taming this tequcs%please feel free ofappcalm the Land UuBoard ofAppeais(LUIiA)onthatissuesFailuteto tomntaaSusanYatesa[theAshlandPlannin 5305. B Department,city Halo at 486. NOTE: This Planning Action will also be heard by the Ashland 1•Tistoric Commission on March 4, 1992 in the Ashland Community Center located at 59 Wmburn Way at 7:30 p.m. O b ~1 M titi � M ' 1 j, NrtYSIY S1T2 n � 0 3� Y c C < as Y 1ti�, r. rY CV �V O �IGIU ITY N(aFj PLANNING ACTION 92-001 is a request for approval of a 16 lot subdivision for an approximately 4 acre parcel located between A Street and the Southern Pacific Railroad tracks. Comprehensive Plan Designation: Employment; Zoning: E-1• Assessor's Map #: 9BA; Tax Lot: 14600. g ' APPLICANT. Donna Andrews A 10101 D1 03. �' REALTORS EALTOR NULTIPLE UST/NG SERVICE Feb. 4, 1992 City of Ashland Planning Department Ashland, OR 97520 Dear Staff: The attached plat map reflects the preliminary plans for the "Railroad Village Subdivision" located on A Street between 4th and 8th, in the heart of Ashland '.s Historic Railroad District. Plans for the development are to provide an opportunity for stylish transition between business, tourism and residential use. The project would encourage small businesses operating at ground level with quaint, 2nd floor living spaces above. (see design ) C.C.& Rs. will:'be established for the. 16 lot development outlining some architectural requests which conform to the Historic District theme. Additionally, every attempt will be made to provide ample parking, landscaping and lighting that are as etically appealing. c ely; Donna Andrews, Agent for Southern Pacific Transportation, Salesperson, Brunner & White Realtors 15 North Main, Ashland, OR 97520 482-8701 (work) 488-0129 (home) 77 North Main Street Ashland, Oregon 97520 (503) 482.8701 g i992_ FAX (503) 482.8664 c mrrr 888 B8A T 888119 BBB ABB ABA 888 iii m ,f•: � ':;r iii iii rrr rr rrr rrr i - \ t ?fib ' , �, RFµIOR REALTORSMULTIPLE LISTING SERVICE RE: Attached A StreetxS.P. November 18 ,1991 Subdivision John McLaughlin, Senior Planner City of Ashland, City Hall John: Finally: I think we have the approvals necessary from S.P. to proceed with this subdivision. Friar and Associates have been given the go ahead on the survey and subdivision maps so we can schedule the hearing and .be assured we will have pre- sentation materials available. Please put this on the soonest possible hearing date so we can get this under way. The attached map is a revisionn of the one I presented to you originally with some of the changes made that you requested. It will be replaced with an. official map from Friar and Assoc. as soon as it $s completed. They assuredcme it would take no longer than two weeks from the time they officially start work on the subdivision. IN SUMMARY, the project will consisttoff8 E-1 lots each approx- imately 19,000 square feet in size. Architectural styles will be consistent with the Historic Railroad District and will be governed by the review board established under the C.C.&Rs to be written. There will be a blend of cottage industry and dwelling and/or overnight lodging facilities with attention paid to land- scaping and access roads. There are reservations tb•^purchase all off.the proposed lots so the desire to get this development going is strong. I would be eager to meet with you at your convenience and discuss again the possibilities of financial assistance from the City for side- walks, parking, lights, etc. ~Also, to get any help I can from you in moving this proce s. along as quickly as possible. Sinc'Pql y, .. pa./ Donna Andrews, Brunner and White Realtors �1 77 North Main Street Ashland, Oregon 97520 (503) 482-8701 FAX (503) 482-8664 PLANNING APPLICATION TYPE : �?A_ Date received I -' I- "% File No . - 9.;Z-OO/ Filing Fee -k? , 00 Land Use: Zoning Comprehensive Plan designation ''•.4,i��:-'k�Y4r�ic�YJ.r�'ck*��ic•.4.�cJ.c•!c� k��':•4J.•4J.i C'nn::F'n•b. J.c4:'n'.4.�'c�-.c��&�*�'c°kk�kwRAJ.•4.4J.JkJ;�i•4.4 J.J.•41.4 J..HJ•4J•4•lJ APPLICATION IS FOR _ ( ) .Land Partition (subdivision // of units g ( ) Zone Change ( ) Zone Variance ( ) P .U.D. # of units ( ) Comp. Ylan Change ( ) Conditional Use Permit ( ) Site Review ( ) Staff Permit ( ) Boundary Line Adjustment ( ) Annexation Application pertains to of the Ashland Muncipal Code. chapter, section, subpart APPLICANT r �(U� Name_��NNN �I/ VJ J ' Phone Z�-70I Address "avqw W Q PROPERTY OWNER OWNER / �Name '^ P 1S -2{ V _P w H*MPhone ke2 I f [ Address 1-2W I V_--UAi-5tn r.41\- I have notified. the mortgage holder, which is SURVEYOR, ENGIN£ER, ARCHITECT .(if appropriate) �-� Name l f? Ate-(Po �( " 6 P Phone Address DESCRIPTION OF PROPERTY attach legall� ,desc��r��ipttrio`�n��) Street Address ¢ Assessor' s Map No. 39 E Tax Lot(s) - Above described property was acquired by owner. on month 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 sheets) 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. h� 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 professional advice and assistance. M 71W Applicant' s Signature D As owner of the property involved in this. request, I have read and understood the complete application and its consequences to me as a property owner. 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 .