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HomeMy WebLinkAbout1993-1102 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, th le wh wish to be heard and the length of the mends v AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 2, 1993 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. i APPROVAL OF MINUTES: Regular Meeting of October 19, 1993. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation of the week of January 8, 1994 as "Christmas Tree Recycle Day in Ashland". V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2. Monthly Departmental Reports - September, 1993. 3. Authorization for the Mayor and Recorder to sign modification of easement for Ashland Community Food Store on "A" Street. 4. Memo from Director of Public Works regarding update on sludge disposal. VI. PUBLIC HEARINGS (Must conclude by 9:30 p.m.): 1. Appeal from a decision of the Planning Commission approving PA 93-090, a site review involving a second floor projecting over public right-of-way at 58 E. Main Street (Macaroni's Restaurant). 2. Settlement agreement on PA 93-057 regarding a proposed 4-lot subdivision on Granite Street (Gary & Diane Seitz, applicants). VII. NEW & MISCELLANEOUS BUSINESS: 1. Presentation of Fixed Facilities Study for fire station location by Urban Planning Associates, Inc. by Committee Chair Tim Bewley. 2. Memo from Director of Public Works requesting letter from the Mayor and Council endorsing Medford Councillor Mel Winkleman for appointment to Oregon Transportation Commission. 3. Memo from Councilor Phil Arnold regarding electronic mail guidelines. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX . OTHER BUSINESS FROM COUNCIL MEMBERS X. ADJOURNMENT Reminder: Study session with Parks and Recreation Commission at 7:00 p.m., Tuesday, November 9, at Hunter Park Senior Program Building to review financing options on bonding alternatives and Billings Golf Course borrowing.) MINUTES OF THE REGULAR MEETING- ASHLAND CITY COUNCIL OCTOBER 19, 1993 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order and led the pledge of allegiance at 7:30 p.m. ROLL CALL Councilors Laws, Reid, Hauck, Acklin, Winthrop, Arnold were present. s APPROVAL OF MINUTES Minutes of the Regular meeting of October 5, 1993, were accepted as corrected. (Page 3, ppl0, Winthrop and Hall continue meetings.) Senator Lenn Hannon addressed Council regarding Measure 1. He requested Council support Measure 1 in November's special election. Reid moved/Arnold seconded to put resolution on agenda. All AYES. Arnold moved/Reid seconded to adopt resolution. Roll call: all YES. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation of the week of November 1-5, 1993 as "United Nations Awareness Week". 2. Proclamation of the week of October 23-31 as "Red Ribbon Week". 3. Pedestrian Safety Award from American Automobile Association. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2. Monthly Departmental Reports - September, 1993. 3. Request to cut pavement on Mountain Avenue to install new regulator station. 4. Authorization for Mayor and City Recorder to sign quitclaim deed to terminate storm drain easement near Walker Avenue and Peachey Road. Arnold moved/Winthrop seconded approval of Consent Agenda. All AYES., (r.Miwu 10.19.ukw-I PUBLIC HEARINGS 1. Approval of Comprehensive Housing Affordability Strategy as recommended by the Task Force. Dick Wanderscheid, Conservation Department Manager, presented CHAS plan recommended by the task force and answered questions of Council. Public Hearing opened at 7:55 p.m. Bill Coin - 115 Sixth Street (On Track): requested Council support of report. Fred Berger - 1209 Ashland Mine Road, RVCDC: offered support of report. Judith Stevens, Caring Friends President, representing Marty Bryant: offered support of report. Stressed Priority F importance. Requested Council work towards elimination of homeless and hunger. Stressed importance to build emergency shelter unit. Steve Kwiatkowski, 304 Clinton Street: offered support of CHAS report and asked Council for leadership in solving homeless/hungry problems. Public Hearing closed at 8:10 p.m. Council suggested Brian Almquist, Steve Hall, Councilor Arnold, and Dick Wanderscheid meet as a group to process further. Acklin moved/Reid seconded to adopt report with minor changes suggested to staff. All AYES. NEW & MISCELLANEOUS BUSINESS: 1. Presentation of Fixed Facilities Study for future fire,station locations. Will be available next meeting. PUBLIC FORUM No public forum. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. Second reading by title only of an ordinance ratifying the creation of an intergovernmental entity known as the Oregon Municipal Energy and Conservation Agency. Acklin moved/Hauck seconded. Roll call all YES (Reid absent). 2. Reading by title only of a resolution "establishing affordable housing income levels and rental and purchase cost levels and repealing resolution 91-32". City Attorney Nolte asked Council to note page 3 - strike "and option to purchase". Arnold moved/Hauck seconded to adopt resolution with change noted by Nolte. Roll call all YES. (r.mmutW10.19.01W.Z - �i 3. Reading by title only of "a new resolution of intention to provide for Sanitary Sewer Improvements in Strawberry Lane from Ditchline Road westerly for approximately 1350 feet. Arnold moved/Hauck seconded to adopt. Roll call: Laws no, motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid read letter from Ashland Recycling Task Force written to Steve Hall regarding sludge composting proposals. Councilor Winthrop requested public hearing on city hall annex plans/site review. Laws moved/Hauck seconded to place on agenda. Laws moved/Hauck seconded to set public hearing for November 16. All AYES. Hall presented jurisdictional transfer authorization for Fordyce Street and Granite Street. Reid moved/Hauck seconded to authorize jurisdictional transfer. All AYES. City Administrator Almquist reported BPA acquiring 2.16 acres for substation. Preliminary offer of $158,400 as "just compensation". Requested Council authorize Mayor and Recorder to sign conveyance. Reid moved/Arnold seconded to place on agenda. Arnold moved/Acklin seconded to accept recommendation from City Administrator. Voice vote all AYES. ADJOURNMENT Meeting was adjourned at 9:10 p.m. Nan E. Franklin Catherine M. Golden City Recorder Mayor (r.Mmutul1019.ndW-3 / ag JM '�IV y�tl1 I✓r' d J•� �t°•/' •j /� ./ I •` i � �49 , ll� �, ?'7 ! d �qq\ L >:` y,. ✓ /�\ + r'.. ✓ a 'I- .,� J ! \r \ �I�� � ���C sal ` 1' / !a \{ cl ai'4/htl . \s i i aid/!ql e .•\• /Ir.::.e I /: __ I!^l., �:�tJ�� )\�E'"TVII➢ Si 3:3r•D'CC;'i'^,' ,;��. 173?; "STH ANNUAL CHRISTMAS TREE RECYCLE DAY" - 'cy ,ta WHEREAS, solid waste disposal and a dwindling capacity in our s f*. landfills is' a critical National problem; and WHEREAS, garden waste contributes a significant volume in our landfills; and ? === 4#fE)71 g 1)`, WHEREAS, Troop 112 of the Boy Scouts of America, with € ya- assistance from the Ashland Parks Department, Picked up and .chipped over 4,000 Christmas trees last year;' and )tw =(l�) WHEREAS, the chipped material was used on park trails and as " !(( ti =._ ; mulch for plants and did not enter the "waste r stream"; and ==fin.,, Yslmwj' 3u�„• WHEREAS, the Ashland Lions are supporting this effort by j;.;r^ • donating volunteer power and equipment to transport the pick-up crews. NOW THEREFORE, I, Catherine M. Golden, Mayor of the City of qi!!. Ashland, do hereby proclaim Saturday, January 8, 1994 as: �°({( "CHRISTMAS TREE RECYCLE DAY IN ASHLAND ` ' art and hereby urge all citizens to set out .their tree near the /p> curb on Friday, January 7, to be picked up on January 8, eF r }�) between 9: 00 A.M. and 6:00 P.M. , and to consider making af((`F donation to assist the Troop in their community serviced ", ;)t4j (i activities. _•ei+J:. •� Dated this 2nd day of November, 1993 . •:r ' :::•).�'f � .}.X73;:i Catherine M. Golden Mayor t� Lf t -mod' Nan E. Franklin nl^ a City Recorder WUN "\\M i�t l�r '�4 Al `IW :�•.••I-I.'y1.JY'�f \� ! >r•: ;iV'.Sti-F\leil',•� .,(.'a?:uV'Lw'wui\C�'�i....� lr�._:W,}„4J\3, ry�"..y-.r"tt1,l•`.RS;;ti`yy: ASHLAND HISTORIC COMMISSION Minutes October 6, 1993 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:35 p.m. Members present were Jim Lewis, Terry Skibby, H.L. Wood, Steve Ennis and Le Hook. Also present were Planning Director John McLaughlin and Secretary Sonja Akerman. Dana Johnson, Keith Chambers and Chloe Winston were absent. APPROVAL OF MINUTES Ennis stated that on page 1 of the September 8, 1993 Minutes, Jerome White is a designer, not an architect. He then moved to approve the Minutes as corrected. Hook seconded the motion and it passed unanimously. STAFF REPORTS PA 93-123 Site Review 48 Fifth Street Foursquare Church McLaughlin explained this proposal is for the replacement of the existing fellowship hall. The church is looking for a more efficient use of space, and it was ascertained the existing building was not worth adding on or remodeling for this purpose. The proposed building maintains a residential character and will be built in a Craftsman style. The church is non- conforming, as there is no parking on the site. Since the impact remains the same and there will be no additional use in the sanctuary, no more parking will be required. Skibby questioned the demolition of the existing house. Terry Lippert, representing the church, said they have advertised in hopes someone would move the house, but have had no response. The house is in bad shape, as half of it is not on a foundation. He later said they would keep trying to get it moved rather than demolish the house, as they will not start the building until next March. Wood asked if the alley will remain unpaved, and McLaughlin answered it will remain unpaved at this time. McLaughlin asked Lippert about the parking area. He answered he would like to alleviate some of the parking in the street and landscape the area. He plans to put in 1" crushed rock in the parking area. Lewis stated there is a factor to be considered with angular parking -- it forces people to go all the way down the alley to Sixth Street, and the second half of the alley deteriorates greatly. Skibby related the applicant and designer had been in to the Review Board twice and felt the residential character of the new building is compatible with the neighborhood. Ennis agreed it is a nice design and suggested the applicant check with Chapter 31 for ADA parking requirements. Skibby moved and Wood seconded to recommend approval of this application to the Planning Commission. The motion passed unanimously. PA 93-119 Site Review and Variance 233 Fourth Street Tom Frantz McLaughlin related this application is to replace the existing building with a two story commercial building. Staff has design issue concerns, and although the applicant has stated the intended use for the lower portion will be a restaurant, the seating capacity is unclear as is the total use of the building. Staff realizes the owner is looking at all options available, but since a parking variance is also being requested, would feel uncomfortable granting approval when the use is unclear. The use of the alley will increase and the nearby houses will be affected by the dust. Options for paving will need to be reviewed if this is the use to trigger improvement of the alley. It is not the intent, however, to turn this alley over to automobiles. Historic Commission recommendations will be taken into consideration_. Otherwise, Staff feels this is a good regeneration of the site and is a positive change. After talking with neighbors, Tom Frantz said he made a few changes and submitted revised plans. He feels it is important to leave the alley unpaved for pedestrian use, but he is aware of the dust and is looking at alternate paving methods, such as grass pavers. In discussing his parking with Crissy Barnett, owner of the Peerless Rooms across the alley, it was decided the people using the parking lot should be encouraged to go back out to Fourth Street rather than utilizing diagonal parking, which would encourage the traffic flow to Third Street. By pulling straight in, people would have the option as to which direction they could proceed. Frantz said he also did not want to inundate the neighbor. By utilizing straight in parking, it will leave more landscape area between the neighbor and his property. His most recent idea includes handicapped parking. McLaughlin said the surface used for the handicapped parking needs to accommodate wheelchair access to the building. Frantz said he feels strongly the alley should be grass pavers. Hook said the new use will probably increase the traffic by 50% if the alley is paved, then questioned what would happen if Frantz just paved his portion. McLaughlin said it would be detrimental to the alley and adjacent properties to leave an unpaved portion in the Ashland Historic Commission Minutes October 6, 1993 page 2 middle. He stated that given the two owners (Frantz and Barnett), the City should give them the opportunity to do something other than paving the alley. Ron Thurner, 1170 Bellview Street, said that when Peerless Rooms went through the Planning process, neighbor concerns were the paved alley (they would like to maintain it as granite), and the impact o_n the historic nature of the area. With the restoration of the Peerless Rooms building, the owner has gone to great expense to maintain the historic nature. The alley would do well if left in its existing form and maintained. Steve Hoxmeier, 435 "B" Street, said he is a neighbor and he does not want the alley paved. The existing pavement in the alley has created a dam and the rains flood his back yard. Thurner added that because of the slopes in the area and over time, the grade at Fourth Street has risen two feet, and now to go back and resurface it will be very difficult because of drainage, etc. Lewis agreed, but said it also needs to be accessible for fire trucks. He wondered if grass pavers would make the Fire Department happy. Thurner said all the departments knew about the Peerless Rooms and had no objections to maintaining the alley as it is. McLaughlin related Peerless Rooms has a limited impact because cars usually park and stay. The new building would have a higher turnover and would trigger a higher degree of traffic. Maybe this wouldn't precipitate the dust right now, but it is important to know the future use of the building; perhaps the City should wait and see. Possibly by improving the alley with 3/4 minus crushed rock, it would create a nice surface. McLaughlin continued the problem with grass pavers is that if anything heavy gets on them, they could break. Frantz said he has the same pavers Britt uses and they are rated to hold a ten ton truck. Lewis said it would be a big step for the City if it were to maintain a public right-of-way other than asphalt. Thurner added another major consideration is that handicapped accessibility is very limiting. Barnett falls under Title 1 because her building is on the National Register, but the surfaces need to comply with municipal standards. Alleys are not designated as historic resources, so the alley will probably have to be paved unless it comes into another status. Frantz said he feels there is a potential problem because it will change the historic nature of the area. After further discussing alley improvements and handicapped spaces, design was addressed. Frantz said he had recently made a few minor design changes for the Building Department and Fire and Life Safety. Ennis stated that in looking at the elevations, he personally feels there is too much going on, especially because it is next to Peerless and it will incorporate different materials, windows, the bays on sides, etc. He would like to see a three- dimensional scale model. He related the front of the proposed building looks sharp. Hook agreed and said he is mainly concerned with the south elevation. He likes the east elevation and what it adds to the streetscape. Skibby remarked it would be wise to keep in mind the Bundini Building owner will be constructing a garage so the south elevation will hardly show. Frantz said the bay windows will pick up the east sunrise; otherwise there Ashland Historic Commission Minutes October 6, 1993 Page 3 o - would be no sun on that side, thus no natural light. Each window of the building has a purpose, such as view, light, etc. Materials, he explained, are the real factor. He will be using true ship lap siding, stucco, and wood casement windows. He also feels a metal roof would be compatible, not only with the building itself, but the area. The Historic Commission agreed it would like to see a model of the building, and questioned the compatibility of the different materials, and also the different roof pitches. Ennis stated that within a week, he would make a list of his concerns for Frantz. Hook added that one change he did not think improved the design was the extension of the second floor, as it is too busy. Frantz explained he put in the bay window to accommodate the east light and therefore had to change the stairway. After discussing more design details, Frantz said he would be willing to take a look at simplifying the design, which will mean coming back next month. McLaughlin added that for the City to grant approval, the applicant needs a final design. Staff will work with Frantz so the delay will not cause a hardship. STEVE HOXMEIER - "A" STREET RAILROAD SUBDIVISION Skibby explained the Review Board had requested Steve Hoxmeier come before the full Commission to explain his plans for the permanent structure. McLaughlin said Hoxmeier had approval for a temporary structure, but under the Building Codes, it cannot be built. There was a basic misunderstanding in the Building Department as a temporary building because a permanent building changes the view of being able to remove the building. This is an important intersection, and how the building will tie in needs to be addressed. Does it preclude something else from happening on the site? The existing character of Fourth Street needs to be maintained. When Skibby questioned Hoxmeier about the Golden Spike, he answered he will maintain it while it is there. McLaughlin asked about the access. Hoxmeier answered he will use the Grange access for now since currently there is no curb cut for the proposed Fourth Street extension. He also explained the building will be used as a youth recreation center. He had originally wanted to build a gym with a restaurant, but will have to do it in phases. Lewis stated the ultimate use will fill up the property, and he would like to see the concept for the entire project in order to see how the proposed building will fit in. Hoxmeier remarked the foundation will be concrete block and that a ramp could be added to either set of steps. He took out some windows because the Building Department said there were too many. Skibby expressed his concern about this building, which would be built behind the fence. He also would like to know how it fits in with the overall plan. McLaughlin stated the design guidelines recommend building close to the street, with parking in the rear. When the alleys and sidewalks are improved through the LID, Fourth Street will be dead ended, Ashland Historic Commission Minutes October 6, 1993 Page 4 and after Southern Pacific sells its property across the tracks, it will go through. If the Fourth Street access is used before the improvements, it will have to be prepared for paving. Here again, it would be helpful to know the future use and how it will tie in. The building, as submitted, does not involve future use. Hoxmeier said the proposed building fits into a larger complex, and that he began with the least intrusion on the property. Hook stated he has a problem with the blank west elevation, not necessarily for the view, but for natural light. Hoxmeier said it faces the Grange parking lot and gas station. It is also where the future building would tie in. The Commission concurred that while it is nice to keep and maintain the grassy area for now, it is important to be able to visualize what the project will look like in the future. Based on what has been turned in, the Commission felt it could not give a final answer. McLaughlin stated it is suitable to make sure this project is still on track from what Hoxmeier originally presented more than a year ago, as details in the entire subdivision have changed. Hoxmeier agreed to come back to the Review Board meeting on October 14th. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of September follow: 277 Fifth Street Dan Jackson Professional Building 531 Scenic Drive Casey Bright Permit Extension 41 Fifth Street Leslie Randall Addition 234 Vista Street Sid DeBoer Garage* 91 Gresham Street Kathy Buffington Kitchen Remodel 151 North Pioneer Street Archie's Cleaners Parapet Wall 455 Siskiyou Boulevard City of Ashland Repair/Replace Slab 348 East Main Street Suzanne McQueen Interior Remodel 561 "C Street Tom Farrell Deck 124 Nob Hill Street Christine Edner Replace Carport 156 Sixth Street Paddy/Marga Schweitzer Remodel/Addition 38-40 Water Street Garden Cottage Antiques Temporary Sign 151 North Pioneer Street Archie's Cleaners Sign 38-40 Water Street Garden Cottage Antiques Sign 240 East Main Street Cotton & Co. Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday at least from 3:00 to 3:30 p.m. in the Planning Department: Ashland Historic Commission Minutes October 6, 1993 Page 5 r October 7 Skibby October 14 Hook, Skibby, Wood, and Lewis October 21 Hook, Skibby, Ennis, and Lewis October 28 Skibby, Wood, and Johnson OLD BUSINESS Applegate Trail Plague Skibby reported he has not heard again from the California-Oregon Trails Association. The final wording on the plaque will determine the location. In 1996, the Chamber of Commerce will be celebrating the Applegate Trail. The Chamber has been discussing its own marker, which would be more specific to the Ashland area. Alley Committee McLaughlin said that with the Transportation Plan update, alleys are included. They will be addressed within a year as part of the Goals and Policies which will be adopted. Everyone involved in alley concerns will be able to contribute. Relocation of Community Development McLaughlin explained the Staff Report is not supportive of the Historic Commission view on the relocation of Community Development in the proposed new building. The Planning Commission decision will be based on criteria. The City Council has the discretion to make a more philosophical decision. Granite Street Fountain Hook reported the Water Department would like to put a working fountain on the City property across the street from the fountain on Granite Street. Evidently the person who owns the property on the corner does not want a working fountain in front of her house. The existing fountain would be replaced with the one in better shape. The Commission agreed with this. Loss of Residential Use in R-2 Zones Ennis stated he and Chambers had talked about presenting what they have done to date to the City Council for guidance. McLaughlin responded there will be a study session on October 26th to discuss neighborhood plans. Typical questions will be - what areas are we looking at? - how do they ft in? - what will they entail? - what are the design issues? Priority areas will be Strawberry Ashland Historic Commission Minutes October 6, 1993 Page 6 Lane, Mountain Avenue and the Railroad District. Energies will be focused on neighborhood plans. The Commission agreed Ennis and Chambers should talk with the Planning Commission members who were on the subcommittee and send the work to the City Council. Hopefully, it will then get on the priority list. Ennis will write the memo. NEW BUSINESS It was noted the tax freeze for National Register property will end on January 1, 1994. The Governor did not sign House Bill 2124, which authorized the special tax assessment program, in order to maintain "the integrity of Oregon's land use planning system, and of local governments' ability to protect cultural and historic resources through carefully crafted ordinances and programs." McLaughlin said nothing can happen about the tax freeze now for two more years. ADJOURNMENT With a motion by Hook and second by Skibby, it was the unanimous decision of the Commission to adjourn the meeting at 10:55 p.m. Ashland Historic Commission Minutes October 6, 1993 Page 7 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 14, 1993 CALL TO ORDER The meeting was called to order at 7:05 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Carr, Cloer, Hibbert, Medinger, Armitage, Powell, and Bingham. Thompson arrived at the meeting.before Planning Action 93-109 (Avery). Staff present were McLaughlin, Molnar; and Yates. APPROVAL OF MINUTES AND FINDINGS Carr moved to approve with editorial amendments. The motion was seconded and the Minutes were approved. Jarvis will provide Staff with the changes and they will be made on the original Minutes. Carr moved to approve the Findings for Poplar Place and Quality Housing Environment. Powell seconded the motion and the Findings were approved with Medinger abstaining. PUBLIC FORUM No one came forth to speak. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 93-095 REQUEST FOR OUTLINE PLAN APPROVAL OF A 12-LOT SUBDIVISION ON 7.6 ACRES UNDER THE PERFORMANCE STANDARDS OPTIONS, FOR THE PROPERTY LOCATED BETWEEN THE DITCH ROAD AND SCENIC DRIVE, AND BETWEEN NUTLEY STREET AND LOGAN DRIVE. PROPOSAL INVOLVES A PHYSICAL CONSTRAINTS REVIEW PERMIT FOR DEVELOPMENT IN AN AREA IDENTIFIED AS EROSIVE AND SLOPE FAILURE LAND. APPLICANT: JOHN BARTON/BRUCE AND POKII ROBERTS Medinger abstained. - Bingham and Armitage were not present at the last hearing, however, they listened to the tapes of the previous meeting, read both packets of information and had a site Visits. Bingham received a phone call from Cici Brown asking if he would be at the meeting. There was not discussion of the meeting or the action. Powell has had no further site visits since last month. �Hibbert had no further site visits since last month and no ex parte contacts. Carr had an additional site visit but had no ex parte contacts. ->Cloer had no ex pane contacts. He had another superficial site visit. ` —Jarvis had a superficial site visit, looking particularly at the traffic. This action is a continuation of PA 93-095 from last month. There were a number if issues raised and both the applicant and opponents were adequately apprised of issues that need to be addressed. STAFF REPORT Molnar reviewed the issues raised at the August 10, 1993 meeting. These issues are discussed in detail in the September 14, 1993 Staff Report Addendum. The topographic map was incomplete and since then, the applicants have submitted a map showing five foot contour intervals and filled in blank areas that Staff believes meets the requirements. The applicant's project engineer has looked at the vision clearance at the intersection of the new City street and Scenic Drive and believe the vision clearance can be met by either moving the right-of-way line adjacent to the street or moving the street itself to north, closer to the existing house. Staff asks if this is approved tonight, that additional evidence be provided at final plan that specifically shows the finished grade of the street and actual grades and elevations within the vision clearance areas. A question was raised at last month's meeting regarding flag lots. It is Staff's opinion that the flag lot criteria does not apply to the Performance Standard criteria. The reasoning behind this is detailed in the Staff Report Addendum dated Spetember 14, 1993. Concerning off-street parking, Staff said the intent is to have guest parking within 200 feet of a house and to have that space either in public ownership or owned in common by the homeowner's association so those in the subdivision do not confuse it as private parking, but guest parking. It appears that three spaces would not meet that standard and would need to be relocated. It is evident that the property falls into two different zoning districts (R-1-10 and RR-.5). The applicant has submitted findings for the Physical and Environmental Constraints permit and have submitted a map identifying areas as Erosive and Slope Failure Lands. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES t . Since the last meeting, the City has reached a tentative agreement with the property owner at the corner of Church and Scenic Drive for the purchase of additional right-of- way, allowing for improvement of that intersection. Molnar stated that Staff has recommended approval with the attached Co the addition Condition 13. nditions with Cloer questioned Staff about the intent of a street being "at capacity". Molnar explained that Church Street, by Resolution, is at capacity because it exceeds the grade of 18 percent. Church Street is approximately 23 percent grade. The subdivision would funnel to Scenic Drive with a capacity of 3,000 vehicle trips per day and Scenic is the street that will serve the site. Statistics show that Scenic is well below that count now. The Resolution uses the word capacity, which is more an environmental capacity. It is clear there will be traffic going down Church Street. If there was only one way to access a subdivision and the street was at capacity (steep, unpaved), it would limit further development. But, the Council has interpreted if there is are alternate routes to access a site, there can be adequate public facilities. Cloer asked if capacity had anything to do with measured traffic hazards. McLaughlin said the Resolution attempted to set limits that are realistic on how many trips would be allowed on certain streets in the community. Jarvis, in reviewing this application, wondered about restricting building within 25 feet of the irrigation ditch. Staff said that should be added. Jarvis thought it would be clearer to add a Condition to waive access to the Ditch Road and Staff agreed. Powell noticed,that the pumping station on Ditch Road could block access to the Fire Department. It appeared to Bingham that the construction around the pumping station is not complete and there would be plans to continue the road around it. Armitage asked Staff the difference between a private drive, a lane, and a dead end road. McLaughlin stated the ordinance limits the length of public streets to 500 feet. Only lanes may be dead end roads (limit 500 feet). There is no limitation on the length of a flag drive. It was the City Attorney's intrepretation that the 500 foot length applied to the public right-of-way portion but the length requirements did not apply to the private drive or flag drive. Cloer wondered about asking if a Condition could be added to limit the percentage of the lot disturbed during construction. Molnar was not certain if it could be legally applied as a Condition unless the applicant was agreeable. ACHI ANn m w • - �%vMMIJJ1oN REGULAR MEETING 3 SEPTEMBER 14, 1993 MINUTES Jarvis stated that there were letters in the packets from Allen Drescher, three petitions with eight names, a letter from Isabel Sickels with an attachment, a. letter from Jim Doerter, and a letter from Friends of Ashland, signed by John Fields. PUBLIC HEARING Rebuttal from August 10, 1993 Hearing DAN HARRIS, 2101 Dead Indian Memorial Road, representing the applicants, reviewed the new information submitted since the last meeting. An amendment has been submitted to the Physical and Environmental permit application. A map has been included also. After reviewing the Staff Report, the applicants concur and are willing to abide by the 13 Conditions and will abide by the Condition to address drainage in Final Plan and specifically spell out the 25 foot tree conservation easement along the irrigation ditch, and include language to waive access off Ditch Road. In addressing street capacity, the applicants submitted a map which shows the street grades accessing Scenic Drive. There are about seven alternative routes to Scenic, other than Church Street. This should be in keeping with the City Council Resolution regarding capacity. With regard to Erosive and Slope Failure Lands, the applicants have submitted information showing three areas that meet the definition of a slope and those are addressed in the applicant's criteria and will not adversely impact adjacent properties. Harris asked the Commission to read the on-street parking ordinance in context with the other language in terms.of providing parking within 200.feet of the homes. To satisfy the requirement, as Staff has defined, the application has been amended so all the private drives will be owned by the homeowner's association. In reviewing the alternatives for street length, one reason the applicant chose to have a long private drive, is because there would be less impact on the hillside. The other alternatives would impact the terrain more. This is in keeping with the Performance Standards Options. Harris has asked the operator of the bulldozer to explain how the TID line was damaged on the neighboring property. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES r , JOE TOBIASSON stated he was operating a bulldozer while clearing an enormous amount of brush and debris when he noticed a two inch pipe and smaller pipe that looked old and broken. He was instructed to clear the property for a survey. HARRIS said there were no reported easements across the applicant's property. If the property is split zoned (R-1-10 and RR-.5), there would still be a base density of 17 to 24 lots. The applicants approached the City regarding the Church Street intersection. There is an agreement for the City to acquire the corner and it will be rounded out. This rounding out will happen when Scenic has been paved. The applicant will pay the City what it costs to acquire the corner. Harris noted that 25 percent of the property will be put in a conservation easement .and open space. The standards require five percent. The tree management plan is comprehensive. Each tree has been surveyed on the property. A Fire Prevention and Control Plan has been developed to ensure the safety of the hillside from fire. The Fire Department is viewing the long private dirve as a fire break. There is a six percent landing into the project which has been added, but riot required, to improve the safety of ingress and egress to the property. The applicants are imposing design standards for their homes in the CC&R's. Bingham noticed a defacto stream and wondered if Harris knew anything about it. Harris said the TID ditch has a small outlet where it bends. The small spiget that comes out was connected to the line that went under the property. He did not notice a valve. It was the only outlet Harris could see along this property. Powell asked if Harris knew what the Parks and Recreation specifications are for the proposed trail. Harris responded that the Parks and Recreation proposed a small path dressed up with decomposed granite that would stabilize the path. BRUCE ROBERTS, 131 Church Street, said Ken Mickelson would recommend a walking trail with stairs leading to the main trail and it would be roughly three feet wide and wind through the open space. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES New RON THURNER, 1170 Bellview, stated that the comments he made at the previous hearing and the issues raised are still applicable. He believes the entrance to the development must MEET vision clearance, not just an assurance that it can be met. It is impossible to know what other impacts will come with the changes suggested by the applicant. The remainder of Thurner's remarks have been entered into the record. Thurner asked for denial of the application and he also would like to see more neighborhood meetings. Bingham asked for Thurner's explanation of setbacks. Thurner believes flag lots do have limitations. Under the Performance Standards Options, there are setback requirements and any lots occurring on a perimeter fall to the setback requirements of the parent zone. There are some limitations to flexible and creative design. The flag drive and flag lot issue needs to be addressed in the design. He does not believe the intent of the ordinance is to create this type of design. He does not believe the setbacks have been violated, but he is concerned with Staff's justification for ignoring the "flag lot". Thurner further explained that with regard to the on-street parking issue, he believes the ordinance is referring to improvements to public streets, not private drives. DAN MAYMAR, 115 Scenic Drive, stated that due to the noise, light, glare, and traffic, they will be building a fence to minimize these impacts as much as possible. MARK BROWN, 171 Church Street, said that Lorraine Whitten wanted him to explain that she did meet with the City regarding the Church and Scenic intersection, however, no official agreement has yet been signed by Lorraine. Brown said he has still not seen anything in the Staff Report about drainage adjacent to the slope failure land. It appears there will be quite a water slide. He would like to see this resolved before.the applicant moves forward. He presented a petition with 86 signatures of neighbors only who are impacted by the application. The following were opposed to the application but made written comments only: MARY MCGEE, 95 Scenic Drive, AMY SHUMAN, 97 Scenic Drive, and MARGARET MAYMAR, 115 Scenic. Drive. ASHLAND PLANNING COMMISSION REGULAR MEETING - 6 SEPTEMBER 14, 1993 MINUTES I Applicant's Rebuttal CHARLES STROM, MARQUESS & ASSOCIATES, 1120 E. Jackson Street, represents the developer as engineers. The erosive slopes have been super-imposed on the map. Strom explained the storm drainage system at last month's meeting. There will be a storm drain system in the new road. HARRIS responded to the mention of neighborhood meetings. There were two neighborhood meetings. He said he contacted Thurner on two occasions regarding meeting and Thurner turned him down both times. They have done everything Possible to minimize the impact to the Maymar's property. The plan the Commission is reviewing was chosen because it impacts the hillside as little as possible and follows the contours as much as possible and preserves natural vegetation. Jarvis asked Harris to respond to the flag lot issue. Harris found nothing in the ordinance that limits the length of flag drives. The length of the drive was chosen in order to not disrupt the hillside any more than necessary. Harris also addressed the on-street parking ordinance. It appears that that ordinance is in conflict with other ordinances and in meeting with Staff, it was determined that if the parking spaces are adjacent to association owned land, the ordinance would be satisfied. The application was amended to make all the spaces association owned. This would.meet the logical intrepretation of that statute. Cloer asked if the CC&R's are amendable. Harris said the CC&R's are imposed upon a property and are a restriction. They would be intended to run with the land. They could be amended or removed by the homeowner's association. Harris said it could require the CC&R's not be amended until a house has been placed on the project. Staff Cents McLaughlin gave a brief explanation of the flag lot issue. Section 18.88.050 A 4 (page 160) refers to a flag drive as a private drive. That is a specific definition under the Performance Standards subdivision. It is different than a flag drive associated with a flag lot created by a minor land partition. That does not necessarily mean that a lot served by a flag drive in a Performance Standards subdivision is a flag lot. It's the name of a drive, but it does not mean that the lot follows. Section 18.08.390, definition of a flag lot has two requirements. The first, "any lot not having standard legal access to a City Street"--in this case it would meet that test. The second, "which is provided with access by a driveway parallel to the lot line of the lot having standard access"--it ASHLAND PI eNUiur vmmwa�Vn ... REGULAR MEETING 7 SEPTEMBER 14, 1999 MINUTES does not meet this. Therefore, it is not a flag lot, by definition. What is it? It is a lot or a unit of land created by a partition or subdivision. KEITH WOODLEY, Fire Chief, stated that access was in place in August. The Fire Department will retain the right to access Ditch Road. If the pump station has been placed in the way, additional access will have to be provided. The Fire Code does not address length of private drives. The subdivision, as proposed, meets all current requirements. COMMISSIONER DISCUSSION AND MOTION The Commission reviewed the criteria for a Performance Standards Options subdivision. The first, is if the development meets all applicable ordinance requirements of the City of Ashland. Vision Clearance Molnar felt vision clearance can be met and it could be deferred to Final Plan. After discussion, the Commmissioners felt comfortable about waiting until Final Plan to be certain vision clearance can be met. Topographic Map - All Commissioners agreed this requirement has been met. Private drives and flag drives. Bingham still does not know what this is. He said because of poor planning, there are a series of dead ends instead of connecting streets. He felt the applicant has done the best he could. Powell is not comfortable with this issue, but it is not a major issue. It would seem there is something wrong with the way the ordinance is written or how the project is designed. Armitage believes a variance request should have been requested since it appears this is a dead end street and does not believe the way it has been presented meets the intent of the ordinance. Hibbert felt this is a subdivision; not a minor land partition. The rules governing this application fall under the Performance Standards Options. He said the applicants have met the requirements. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES Cloer did not hear any testimony that would make him believe the application is inadequate. Jarvis disagrees with Thurner, however, she feels the ordinance is ambiguous. Jarvis counted five Commissioners that agreed the applicant had met the requirement. for streets and one Commissioner did not. On-street parking Carr said in order to comply with 18.88.060, a Condition should be added to identify from the parking bay up the hill as association owned land and specifically identify lots 1, 2, 3, 4 and 12. Cloer reminded the Commission that Staff requested two additional spaces. Molnar said they would like the applicant to consider on lots 1 and 2, in addition to a two-car garage, to provide an additional area. Cloer wanted to impose that Condition. Hibbert thought a Condition was advisable for an additional parking space for each lot. Armitage, Powell and Bingham felt the on-street parking requirements had been met. Key City Facilities All Commissioners felt fire protection has been met. Storm Drains Powell wanted further information about how the water will be handled on lots 1 and 2 and what will happen to the drainage from the road. Carr would like to see at Final Plan a drainage plan provided which will identify natural drainage features and indicate future drainage patterns and facilities. This would include building envelopes. Armitage wanted stronger wording because he is concerned as soon as grading on the road begins above lot 2, there are no curbs and he wondered how the excess water will drain. ASHLAND PLANNING COMMISSION 9 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES Jarvis suggested a storm drainage development program, approved by the City Engineer. As part of that, add that the storm drainage for the private drive be collected and directed to the City's storm drain system. Armitage approved, however, he was also concerned with the roof drainage on lot 3. Traffic & Transportation After physically viewing traffic at Church and Scenic, Bingham did not believe just rounding the corner (Whitten's property_ would be enought to make the area safe. Nob Hill is completely unprotected with no stops in either direction. If more subdivisions keep getting approved, do we put up another stop sign? He does not know how to deal with the City Council saying a street is at capacity and still allowing a subdivision. He cannot figure out how to fix the problem. McLaughlin said the standard traffic generation of a single family home is 10 trips per day. The 11 homes would add 110 trips per day onto Scenic Drive, with a percentage of those going to Medford and percentage going to downtown Ashland. During peak hours, from 11 homes, there are an average 11 peak hour trips. Jarvis pointed out that the Commissioners needed to decide, if the applicants have shown there is adequate street capacity and whether or not the testimony has contradicted that testimony to show that there is not adequate street capacity. Powell did not believe there was adequate street capacity because 70 percent of the traffic is going to go downtown and the.two streets going toward downtown are Church Street and Nob Hill and both streets are at capacity. Armitage agreed with the opponents who say that the City Engineer has stated that the most direct route to town is by way of Church and there had to be some reason Church Street is at capacity as well as Nob Hill. Hibbert said there a number of ways to get off the hill and Scenic carries the traffic. Church Street is at capacity because of its grade, not because of its volume. Carr also said there are many routes to downtown and too many alternatives to Church Street and Nob Hill to stop the development. Cloer cannot ignore the accidents in the record submitted by Doerter. There is a perceptible rate of traffic accidents on Church Street. He would like to have a standard of safety to know at what point a street is overloaded. He does not believe evidence has been presented that says there is a lack of capacity. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES After reading and considering the evidence submitted by Doerter and all testimony, Jarvis felt the applicants had met the criteria and the opponents did not show clearly to the contrary. Cloer was bothered by the the fact that it is very difficult to measure capacity when there are no standards for traffic hazards. The Commissioners all agreed that the applicant has met the criteria for the above- mentioned items. Existing natural features have been included in open space. Development will not prevent adjacent land from being developed. Provisions for maintainance of open space and common areas. Proposed density meets the standards. The following Conditions have been generated from Commissioners Discussion: 1. That there be a clarification of association owned land. 2. That a drainage plan be submitted at final plan approval. 3. That there be a minimum 25 foot easement on Ditch Road. 4. That the applicant would waive access to Ditch Road. 5. That there be a non-amendable provision in the CC&R's regarding construction of dwellings. 6. That two on-site parking parking spaces be provided for lots 1 and 2: Hibbert moved to approve PA93-095 with the attached Conditions and the above six Conditions. The motion failed for lack of a second. Powell moved to deny PA93-095. Bingham seconded the motion and it failed with Powell, Bingham, and Armitage voting "yes" and Carr, Hibbert, Jarvis, and Cloer voting "no". Carr moved to approve PA93-095 with the attached Conditions and the above six Conditions. Cloer seconded the motion and the motion carried with Hibbert, Carr, Jarvis, and Cloer voting "yes" and Armitage, Bingham, and Powell voting "no". Thompson joined the meeting. ASHLAND PLANNING COMMISSION 11 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES PLANNING ACTION 93-109 REQUEST FOR OUTLINE PLAN APPROVAL OF A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS, FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF EAST MAIN ON FORDYCE STREET. APPLICANT: KEITH AVERY/BEAR CREK CONSTRUCTION Site Visits and Ex Parte Contacts Bingham, Powell, Armitage, Hibbert, Carr, and Medinger had site visits. —Cloer had a site visit and was interested in the Swale and wondered about the drainage situation. —Thompson had nothing to report. STAFF REPORT Molnar reported that this proposal involves the modification of subdivision approval. The the cul-de-sac design would be eliminated with Amy Street running east to west, terminating at the western boundary. Eventually Amy Street could be extended to serve the vacant property to the west. The proposal is for 25 lots and the applicant's findings indicate the density bonus will be achieved through affordable housing, open space and conservation bonus points. After measuring, the on-street parking for Lots 10 and 11 and checking the applicant's additional submittals, the parking does comply with the 200 foot requirements. With regard to open space, the applicant has indicated there will be 6400 square feet of open spade which would fall short of the required five percent. It appears the applicant excluded public streets in the calculation. the open space is proposed to be met in two areas -- 1) an open area at Amy and Melanie Streets, and 2) a linear type of open space along the railroad tracks to be improved with asphalt for walking or biking that would dead end at the end of the development. The City's bike plan shows a bike path on the other side of the railroad tracks. Staff instead suggested that the applicant incorporate the open space into one location. Also, Staff is not clear what measures will be chosen from the conservation density bonus to meet the 15 percent density bonus for conservation housing. Overall, Staff would like to commend the applicant for a thorough application and his willingness to work with the City Staff to eliminate a cul-de-sac and redesign the subdivision to meet the City's thru street policy. Staff has recommended approval of the application with the attached 10 Conditions. The letter from Talent Irrigation District regarding this application has been entered into the record. ASHLAND PLANNING COMMISSION REGULAR MEETING 12 SEPTEMBER 14, 1993 MINUTES PUBLIC HEARING KEITH AVERY, 1049 Tolman Creek Road, said that in order to meet the 15 percent density bonus for conservation, they will use high efficiency furnaces or heat pumps, lighting, water heaters, etc. Avery said the only addition that may take place, if the lighting is not possible, is an attempt at water conservation, however, he is not certain how landscaping is enforced. Avery felt the open space buffered incompatible lands as directed in the Comp Plan. They intend to have a 10 foot wide walkway and fence along the railroad track. Hibbert wondered how the walkway could be useful as it doesn't go anyplace. He asked if Avery considered parkrows between the houses and Melanie Street. Medinger did not think it would be difficult to move Melanie 10 feet closer to the railroad tracks and move the open space up along Melanie. McLaughlin said they could be flexible with the setback and could have less than a 20 foot setback. THOMPSON MOVED TO CONTINUE THE MEETING UNTIL 11:30 P.M. CARR SECONDED AND THE MOTION CARRIED. EVAN ARCHERD, 120 N. Second Street, owns an interest in the lot to the east. He wants to make sure the Commission understands the parking is being moved from the north side of Amy to the south and will not prevent him from developing his property. COMMISSIONERS DISCUSSION AND MOTION Medinger wanted to see something written in the CC&R's about the amount to be assessed for the homeowner's association. Also, nothing was included for parkrows. Thompson moved to continue the hearing until October 12, 1993. Carr seconded the motion. Avery agreed to a 30 day extension. Thompson amended his motion to continue the hearing and allowing for Final Plan approval of Phase 1. Carr seconded the motion. The Commissioners suggested the applicant place a parkrow on one or both sides of the street with the garages located further back on the lot. Thompson thought consolidated open,space would be workable with the removal of the open space along the railroad track. The motion carried unanimously. ASHLAND PLANNING COMMISSION 13 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES PLANNING ACTION 93-117 REQUEST FOR OUTLINE PLAN APPROVAL OF A 9-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY LOCATED BEHIND 408 N. LAUREL STREET. APPLICANT: FRED COX Site visits and Ex Parte Contacts J All Commissioners had a site visit with Cloer noting the drainage problem on the site. STAFF REPORT McLaughlin stated this application is for a 9-lot subdivision. Two issues of concern noted in the Staff Report were the density calculations and the need for a minor -modification of open space. Phase I is proposed for Lots 1 and 2 (facing Orange). Since it is a subdivision, the ordinance requires that the access be paved. Through a miscommunication with the applicant this point was not made entirely clear. In discussions with the applicant, he brought up the option to modify the application to a two-step approach of securing a Minor Land Partition for Lots 1 and 2 and the remainder of the property being one large lot designed temporarily as a flag lot having access to either Orange or Laurel. Once it was fully subdivided in the seven remaining lots, the flag would disappear. This would allow the applicant to develop Lots 1 and 2 without being wholly responsible for the improvement'of Orange Avenue at this time. Hibbert wondered if the applicant could post a bond instead. PUBLIC HEARING FRED COX, 918 Morton Street, wondered if there was a way to waive the road construction portion since the whole development is designed with the other developer (Bonin) in mind. Everything else, Cox agrees with. He can wait another month for re- noticing, but would rather not. McLaughlin thought if the signature could be acquired by the property owner to the east then a local improvement district could be formed to pave Oranage at this time. Cox said the drainage questions will be answered with engineers and the drainage will tie into the storm drains. CARR MOVED TO CONTINUE THE MEETING UNTIL 12:00. THE MOTION WAS SECONDED AND CARRIED. ASHLAND PLANNING COMMISSION - 14 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES DON KIST, 260 Joy Drive, would like to see the two lots on Orange allowed to be developed. Jarvis read DAVID CHASMAR'S, 468 N. Laurel, favorable comments, with reservations, into the record. Medinger did not see any parkrows or parking places designated on the plan. Also, no CC&R's were submitted with Outline Plan; this is a very sketchy application. Next month a more complete application could be submitted and these issues could be addressed more firmly. Cox responded that the CC&R's can be addressed at Final Plan. He is willing to put the parking on one side and he would like to try one or two common driveways. The parkrow is made a Condition. McLaughlin suggested wording Condition 4 as follows: "That the acquisition of signatures for the improvement of Orange Avenue be obtained representing greater than 50 percent of street frontage prior to the application for Final Plan for the two lots in Phase I. Further, should the local improvement district not be formed by the City prior to the issuance of a Certificate of Occupancy for the units, that the applicant fully bond for the street improvement." In giving guidance to the applicant, the Commissioners suggested the open space on one side of the street with parking on the open space side of the street. Thompson thought the two-story houses were acceptable. COMMISSIONERS DISCUSSION AND MOTION Hibbert moved to approve with the new wording on Condition 4 (above) and the added guidelines. The parking can be worked out at Final Plan. Powell seconded the motion and it carried unanimously. PLANNING ACTION 93-115 REQUEST FOR A SIGN VARIANCE TO ALLOW FOR A FREEWAY SIGN IN EXCESS OF THE ALLOWABLE HEIGHT AND AREA, AND A GROUND SIGN IN EXCESS OF THE ALLOWABLE HEIGHT FOR THE PROPERTY LOCATED AT 2495 HIGHWAY 66 (TEXACO STATION). APPLICANT: ROBERT D. GEORGE Site Visits and Ex Parte Contacts Site visits were made by Bingham, Armitage, Hibbert, Medinger, Cloer, Jarvis, and ASHLAND PLANNING COMMISSION 75 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES Carr. Powell did not have a site visit and Thompson had nothing to report. STAFF REPORT The applicant is requesting a Variance for two signs, the large freeway sign and a large ground sign. There is little reason to grant a height a Variance for the freeway sign or for the ground sign. Everyone is under the same rules and there is no need to waive the rules. Staff has recommended denial of this request. The applicant is asking for replacement of the sign, lowering it to 75 feet high. The BP sign is visible at the allowable height. PUBLIC HEARING ROBERT GEORGE, 2449 Arrowpoint Court, Medford, stated that the Texaco sign that is there is in need of repair. There are three signs involved, not two. Their intention is to clean up the whole property. If George replaces the Texaco sign to Ashland's ordinance, Texaco Corporation give that allowance to George, as a distributor. Texaco will allow the tall sign to stay there now. The signs requested are the smallest signs Texaco makes. McLaughlin said if the station builds a Star Mart and the property is added onto, they would be required to go through Site Review which would bring the "grandfathered" signs into compliance. George said they would only be making interior changes if that was the case. He does wish to cooperate with the City. GENE PIAZZA, representing the station owner, Mrs. Hale, said the Commission could be passing up an opportunity to reduce the non-conformance considerably. Thompson moved to deny PA93-115 as it does not satisfy the Variance criteria. There was no second to the motion. Powell moved to continue the hearing until October 12, 1993. The motion was seconded and carried unanimously. ADJOURNMENT The meeting was adjourned at 12:00 midnight. ASHLAND PLANNING COMMISSION 16 REGULAR MEETING SEPTEMBER 14, 1993 MINUTES ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES CALL TO ORDER The meeting was called to order by Brent Thompson at 1:35 p.m. Commissioners present were Bingham and Medinger. Staff present were McLaughlin, Molnar and Yates. MINUTES AND FINDINGS Approval of the Minutes and Findings will be deferred until the evening meeting. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-100 REQUEST FOR A VARIANCE TO ALLOW FOR A DRIVEWAY TO BE CONSTRUCTED AT AN 18 PERCENT SLOPE RATHER THAN 15 PERCENT AS REQUIRED BY ORDINANCE, FOR THE RESIDENCE TO BE LOCATED AT 201 GLENVIEW. ALSO REQUESTING A PHYSICAL CONSTRAINTS REVIEW PERMIT FOR PROPERTY LOCATED IN THE WILDFIRE LANDS AND EROSIVE AND SLOPE FAILURE LANDS. APPLICANT: MARK HILL Site Visits and Ex Parte Contacts Thompson visited the site and noted that the property was steep with many trees. Bingham had a site visit and saw no sign posted. He also noticed the steepness of the property and thick vegetation. STAFF REPORT Molnar said Staff approved this application last month but it was called up during last month's Hearings Board because the Board wanted to see an alternative design to meet the requirements. The site is consistently steep (49% slope) and the lot was created in 1967 before the slope ordinance was in effect. Molnar stated that the applicant is requesting a variance to allow for the driveway to be at a slope of 18 percent rather than the 15 percent required. The driveway will be approximately 70 feet in length and must meet the standard of a flag drive. A variance can be granted for a grade up to 18 percent. The applicant believes he has a unique situation because the lot was created some time ago. The Minutes from the Historic Commission are included. The Commission should ask if a home could be built on this property without having a variance for the driveway grade or could a different house design be utilized so a different driveway could be used. If the Commission decides to approve, six Conditions are attached. MEDINGER ARRIVED AT THE MEETING. PUBLIC HEARING DON GREENE, contractor, 375 Normal Avenue, helped Hill design the house. Because the lot is steep, they required a variance for the driveway. Greene spent a great deal of time designing the house in a way that would not impact the site any more than necessary and still meet the requirements of the City. Greene was not aware of the relatively new ordinance with regard to driveway grades. He has designed a fairly long, narrow house placed perpendicular to the slope, minimizing cuts and fills. The foundation wall on the garage will maintain the slope. Greene designed a hip roof to keep the height down and decks across the rear wall to give a vertical break. The decks will be the owners outdoor space rather than a graded yard. MARK HILL has spent a lot of money trying to minimize the slope. He believes the ordinance shows flexibility because it allows for a variance. If the variance is not allowed, what will be gained by denying it? He does not see how he could sell this lot rf the variance is not granted. How could it be developed? Medinger wondered if Greene had considered raising the garage and not the house. Greene responded they would then have to raise the turnaround. Medinger thought a fire sprinkling system and raising the garage might be an answer. KEITH WOODLEY, Fire Chief, said the purpose of rewriting the driveway standards was.to allow people to build in areas such as this lot. The variance can be granted provided a residential fire sprinkling system is installed. A work area is necessary to manipulate the ground ladders. Thompson thought it seemed like there would be so much fill. He suggested a pedestrian path that could come up from Fork Street. Also, he thought the City should consider a land swap because all of the Glenview right-of-way may not be needed. McLaughlin said any kind of swap of the driveway area (the piece of land along Glenview that could be used for a driveway) would be a Council action and could take up to six months. If Hill had planning action approval, he could still look at another course of action. Hill said he would be interested in a land swap. Thompson said he had a pedestrian path or stairs in mind and that Hill should speak with Ken Mickelson of the Parks Department. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES COMMISSIONERS DISCUSSION AND MOTION Thompson felt this variance request met the criteria for unique or unusual circumstances, preservation of property rights, and the conditions have not been self- imposed. Bingham moved to approve Planning Action 93-100 adding Condition 7 that the applicant pursue the possibility of a land swap with the City of Ashland in order to reduce the cost of excavation and fill and to provide a potential public access from Fork to Glenview. The motion carried unanimously. PLANNING ACTION 93-116 REQUEST FOR A CONDITIONAL USE PERMIT FOR A THREE-UNIT TRAVELLER'S ACCOMMODATION AND OWNER'S UNIT LOCATED A 117 NORTH MAIN STREET. ACCESS IS VIA THE ALLEY FROM HIGH AND CHURCH STREETS. APPLICANT: BLANCHE CHICK Thompson had a site visit and noticed the property was for sale. Bingham had a site visit and looked at the property from High Street and Main Street. He had trouble understanding what retaining wall would be removed. STAFF REPORT This application involves a request for three traveller's accommodation units and the owner's unit. Several concerns were raised in the Staff Report based on lack of evidence presented by the applicant. The target use needs to be compared to a duplex, and no evidence regarding interior floor space has been provided, and no evidence has been provided that clear easements exist for the applicant to use this alley. Also, there have been no provisions made for the saving of trees in the parking area and no information was submitted regarding exterior or interior changes. The Commission will need to listen to the testimony and see if the additional information submitted by the applicant at this meeting will meet the burden of proof. PUBLIC HEARING STEVE JANNUSCH, 1657 Old Stage Road, Central Point, explained that there is no hard data available on how much traffic is generated from a traveller's accommodation, therefore making it difficult to compare the use to a duplex. Jannusch did a study of adjacent traveller's accommodations and most guests walk to the downtown and have one vehicle trip per day per unit. Typically, there could be ASHLAND PLANNING COMMISSION - 3 HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES less than one vehicle trip per day. A duplex would generate 15 vehicle trips per day. Even with the required parking, maximum lot coverage will be 32 percent, under the maximum 65 percent for a duplex. Also, each unit will have in excess of 400 square feet. Jannusch believes access has been addressed in three ways: 1) prescriptive easements, 2) the alley has been in use much longer than 10 years (adverse user), and 3) this is the only means of accessing the rear of the property. Jannusch had letters of willingness from the property owners to provide easements. With regard to the trees, one tree is only four years old and the best tree is a cedar tree. He felt the burden of proof had been met. DAVID FISSY, 125 N. Main Street, owner of the Queen Anne, thought the proposed application would make an excellent traveller's accommodation. The house has historical significance that might be brought out if it were used as a traveller's accommodation. He noted that cars usually stay parked at his accommodation during the visitors entire stay, resulting in few to no vehicle trips. KEN BRADSHAW, 122 High Street, observed while out in his garden that the traveller's accommodations create almost no traffic because they are in such close proximity to downtown. He would favor this application. BRAD PARKER, 137 N. Main, Coolidge House, also confirmed that traffic generated by traveller's accommodations are almost nil. He felt there would be very little impact on the alley and he supports the application. BOB MCGUIRE, 310 York Street, said Irma Woods, a neighbor is fully supportive of this application. JON REINHART, 159 N. Main, stated it would be against health codes for guests enter through the pantry. Guests have to go through the front of the house. Reinhart noted that the Redwing Bed &'Breakfast is on its third owner and the Queen Anne on its second owner and several in town are for sale. There are currently 45 traveller's accommodations in town. JANNUSCH, in rebuttal, stated the retaining wall to be removed is in the southwest corner. He said there is no alley standard available. The applicant would ask in their literature for guests to enter from Church Street and exit on High. Thompson informally asked the neighbors in the audience if there could be an agreement as to the ingress and egress on this application. The owner of the Queen Anne said he would like to leave the access as it is since it has never been a problem. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES Jannusch added that the pantry does not have to remain a pantry if entry through it is a problem for the Health Department. COMMISSIONERS DISCUSSION AND MOTION Thompson agreed that there would probably be more vehicle trips per day if the property were a duplex. He is concerned if it should be _two or three units and he felt uncertain by the double loaded parking. It was disturbing to Medinger that this application is being made to be used as a selling point for the property and the present owner is not really interested in using it as a traveller's accommodation, therefore it does not seem like a real application. He also complained to the applicant's representative that a packet of evidence was presented to them to read at the beginning of the meeting. Bingham wondered if the application should come before the Full Commission because of access and gross floor area. He does not see that the ordinance is clear as to what constitutes gross interior floor space. Thompson thought the sale of property was irrelevant. Medinger expressed concerns about the Condition 3 (easements). McLaughlin said wording could be added to Condition 3 "prior to the adoption of Findings". Bingham moved to approve with the attach 10 Condition and the addition of the wording above to 3. Thompson seconded the motion and it carried with Medinger voting "no". TYPE I PLANNING ACTIONS PLANNING ACTION 93-093 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING WITH THREE RESIDENTIAL APARTMENTS TO BE LOCATED IN THE RAILROAD SUBDIVISION AT THE NORTHWEST CORNER OF FIFTH AND A STREETS. APPLICANT: J. ELLEN AUSTIN McLaughlin suggested looking at changing the density in certain E-1 areas to a higher density. Otherwise, the units could end up being fairly spacious. ASHLAND PLANNING COMMISSION 5 HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES PLANNING ACTION 93-108 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS FOR THE PROPERTY LOCATED AT 943 OAK STREET WITH A FLAG DRIVE FROM OAK STREET ACCESSING THE REAR PARCEL. APPLICANT: LANCE & VIRGINIA HONDA This action was called up for a public hearing. PLANNING ACTION 93-111 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO THREE PARCELS LOCATED AT 1355 E. MAIN STREET. APPLICANT: CLYDE & CYNTHIA MARTIN If there is another application, the Commission would want to see a master plan. PLANNING ACTION 93-112 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE STRUCTURAL ALTERATION AND EXPANSION OF A NON-CONFORMING STRUCTURE (CARPORT) LOCATED AT 124 Nob Hill. APPLICANT: CHRISTINE EDNER This action was approved. PLANNING ACTION 93-113 REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 676 LIBERTY STREET. APPLICANT: SCOTT KURTZ & ELLEN WALSH This action was approved. PLANNING ACTION 93-114 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS LOCATED AT 44 CHURCH STREET. ALSO, REQUEST FOR A SITE REVIEW (PLANNING ACTION 93-106) TO CONVERT AN EXISTING STRUCTURE TO AN OFFICE AT THE SAME LOCATION. APPLICANT: DAVID & PATRICIA SPRAGUE This action was approved. ASHLAND PLANNING COMMISSION 6 HEARINGS BOARD - SEPTEMBER 14, 1993 MINUTES ADJOURNMENT The meeting was adjourned at 4:15 p.m. i ASHLAND PLANNING COMMISSION 7 HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES Monthly Building Activity Report: 09/93 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDITION 35, 000 , DECK 1, 500 DETACHED GARAGE 52 , 000 EXT OF PERMIT #9206083 0 FENCE 2 , 000 FENCE/AUTO SPRINKLER SYS 500 GARAGE AND BATHROOM v 9, 554 KITCHEN REMODEL 35, 000 POOL 7 , 000 REMODEL 2 , 500 REMODEL & ADDITION. 60, 000 REPLACE CARPORT 3 , 000 REPLACE STAIRWAY 3, 500 REVISED STAIRWAY 0 SFR 8 836, 808 SHED 3 , 000 SPECIAL INSPECTION 55 Subtotal: $ 1, 051, 417 Electrical: 1 BR CIR FOR HOT TUB 150 1 BRANCH CIRCUIT 550 BR CIR FOR GAS FURNACE 100 BR CIR FOR HOT TUB 140 ELECTRIC 560 ENTRY VOIDING 9302014 -1, 000 EXTEND SERVICE MAST 220 FEEDER + 3 BRANCH CIRCUIT 950 SERVICE CHANGE 1, 250 TEMP WIRE FOR A/C 100 Subtotal: $ 3, 020 Mechanical: ENTRY VOIDING 9308013 -1 -4 , 887 GAS FURN, PIPING, VENTING 1 3 , 222 GAS FURN/GAS LINE, IBR CIR 1 1, 515 GAS FURNACE 1 3 , 116 GAS. FURNACE/GAS LINE 1 2 , 797 Monthly Building Activity Report: 09/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS INSERT 1, 930 GAS LINE 2 540 GAS LINE & FURNACE 1 2 , 000 GAS LINE & STOVE 815 GAS LINE, FURN & 1 BR CIR 1 3 ,220 GAS LINE, FURNACE, A/C 1 3 ,400 GAS LINE/GFAU . 1 1, 000 GAS PACK & WATER HEATER 1 3 , 173 GAS PACK/AIR CONDITIONER 3, 290 GAS WALL HTR + MINOR WK 1 1, 500 HEAT PUMP 3 ,788 PELLET STOVE 1 2, 073 PELLET STOVE IN FIREPLACE 1 2, 254 RELOCATE FURN + WTR HTR 1 300 REPLACE GAS LINE/FURNACE 1 1, 140 WOODSTOVE 2 1, 800 Subtotal: $ 37, 986 Plumbing: AUTO SPRINKLER SYSTEM 300 AUTOMATIC SPRINKLER 300 LAWN SPRINKLER SYSTEM 4 , 000 WATER HEATER 225 Subtotal: $ 4, 825 ***Total: $ 1, 097 , 248 COMMERCIAL: Building: FIREHALL 2 , OFF REMODEL 2, 000 GARAGE 11, 116 INTERIOR REMODEL 4, 500 PARAPET WALL 975 PARTIAL REROOF 3 , 000 PROFESSIONAL BLDG 200, 000 REMODEL 169,418 REMODEL SNACK BAR 15, 000 REPAIR &REPLACE SLAB 1, 800 ROOF HVAC UNITS 20, 000 Monthly Building Activity Report: 09/93 Page 3 # Units Value COMMERCIAL: Building: ROOF-RECYCLING CENTER 0 TENANT IMPROVEMENTS 147,400 Subtotal: $ 575, 209 Electrical: 1 BR CIR + SIGN LIGHTING 900 1 BR CIR, CHURCHILL RM260 400 1 BR CIR, SCIENCE BLDG 500 1 BRANCH CIRCUIT 400 2 BRANCH CIRCUITS 650 2 FEEDERS & 42 BR CIR 28, 000 3 BRANCH CIRCUITS 650 ELECTRIC 800 LIGHTING RETROFIT 2, 300 TEMP POWER 137 Subtotal: $ 34 , 737 Mechanical: GAS LINE 183 REPLACE HTG/COOLING SYST 3 , 800 Subtotal : $ 3, 983 ***Total: $ 613 ,929 Total this month: 95 $ 1, 711, 177 Total this month last year: 117 $ 1, 164 ,457 °Total year to date: 294 $ 4 , 985, 202 Total last year: 319 $ 3 , 842, 091 This month This month This year last year Total Fees: 20, 824 16, 897 67 , 661 Total Inspections: 651 574 1760 NEW CONSTRUCTION: 9/93 RESIDENTIAL PAGE NO. 1 10/21/93 ADDRESS #UNITS CONTRACTOR VALUATION ** DETACHED GARAGE 234 VISTA ST DAVIS & DOWNEY 52000.00 •CONSTRUCTION INC ** Subtotal ** 52000.00 ** GARAGE AND BATHROOM 832 MICHELLE AV MILLETT, FRANK - 9554. 00 CONSTRUCTION ** Subtotal **. 9554 . 00 ** SFR 832 MICHELLE AV MILLETT, FRANK 68428 . 00 CONSTRUCTION 1340 MILL POND RD MEDINGER CONST. CO. INC. 55246. 00 1301 EVAN LN MEDINGER CONST. CO. INC. 56400. 00 667 NORMAL AV OWNER 106014 . 60 1105 OAK KNOLL DR TONEY, JERRY CONST. INC. 88369 . 00 1085 DEER VISTA LN ROUPP, BRAD - 138351. 00 CONSTRUCTION 475 WATERLINE RD LEWIS CONSTRUCTION 164000. 00 1132 AUGUSTA CT TONEY, JERRY CONST. INC. 160000. 00 ** Subtotal ** 836808. 60 *** Total *** 898362 . 60 NEW CONSTRUCTION: 9/93 COMMERCIAL PAGE NO. 1 10/21/93 ADDRESS #UNITS CONTRACTOR VALUATION ** PROFESSIONAL BLDG 27.7 FIFTH ST 200000. 00 ** Subtotal ** 200000. 00 *** Total *** 200000. 00 October 15, 1993 Mayor and City Council Steven M. Hall, .Director of Public Works Monthly Reports Enclosed are the monthly reports for the Public Works department for the month of September 1993 . SMH:rMWMMORPf.M= Enclosures ENGINEERING DIVISION MONTHLY REPORT FOR: SEPTEMBER 1993 1. Issued 16 Street Excavation Permits. 2. Issued 7 miscellaneous construction permits. 3. Issued 4 address change or assignment forms. 4. Responded to 10 Certificate of Occupancy reviews. 5. Completed 6 pre-applications for planning actions. 6. Completed 11 "One-Stop" permit forms. 7. Performed field and office checks on 5 partition plats. 8. Performed field and office checks on 1 subdivision plats. 9. Performed the following work on the Scenic Street -- Church Street intersection revision: a. met with owner's representative to negotiate price of land purchase, b. acquired title report, C. researched deed records in this area, and d. discussed purchase with owner. 10. Performed the following work on the proposed East Main Street Improvement: a. prepared estimate of construction, b. prepared project prospectus and submitted to O.S.H.D., and C. requested 0.S.H.D./Federal grant to perform construction. 11. Prepared report to Council on a request for sewer service outside the City limits. 12. Prepared, monumented, and filed a survey of Mountain Avenue from Hersey Street to East Main Street. 13. Negotiated with L.T.M. Inc. for contract to pave First Street. 14. Reviewed retaining wall construction off Thornton Way. 15. Operated traffic counters at several locations.. JHO:rs\smffrpl.scp sUfi,= mer Gy Engineering Division Monthly Report for September 1993 Page 2 16. Performed the following work at the E. Main and Mountain Ave. intersection: a. marked proposed location of new curb radius, b. called for utility locates, C. prepared plans for construction, d. set stakes and computed grades for curb installation, and e. contacted contractor to pour curbs. 17. Continued digitizing tax lot maps into the computer. 18. Drafted a detail of the outlet gate at the filter plant settling pond. 19. Check dam for deflection and settlement after earthquake. 20. Prepared estimate and petition for the improvement of "C" Street and Eureka Street. 21. Performed the following work on the Mountain Avenue Sewer L.I.D.: a. reviewed easement descriptions, b. reviewed pump station plans and specifications, and C. notified property owner to remove fences from right of way. 22. Reported to Traffic Safety Commission on requests for additional stops on Oak Street. 23. Notified property owners of vegetation encroachment along Hersey and Central Streets. 24. Reported to Traffic Safety Commission regarding no parking requests on E. & W. Pebble Beach. 25. Performed the following work on Clear Creek Subdivision Improvement Project: a. inspected 'work performed by contractors, b. tested and accepted sanitary sewers, and C. processed progress payment no. 2. 26. Inspected contract work performed on the Terrace Pines Subdivision. 27. Performed the following work on the Oak Street L.I.D.: a. drafted proposal for handicap access into the Armory, b. began topography survey of area, and • C. revised construction estimate. 28. Accumulated and assembled O.S.H.D. required documentation for the Tolman Creek Signal Project. 29. Continued design and plans preparation for the Railroad Village Subdivision Improvement Project 30. Prepared a report on the Strawberry Lane Sanitary Sewer L.I.D. and submitted to Council: JHO:rs%smffrpt.wp SLA".a.mer Engineering Division Monthly Report for September 1993 Page 3 31. Performed the following work on the N.W. Area Pump Station & Reservoir project: a. inspected work by contractor, b. reviewed proposed changes in specifications for rip-rap, and C. prepared progress payment no. 5. fHO:rs\sWffrpl.sep smf nmuner f City of Ashland Str-ce L P.i.v:i.sion 4 SWEEPER: " wep�-296 miles. _.� .-- - - - -- •. C a:l. 1.c)cted 12 0 yards of debr'.i.s. —ia=syor: led -L-o---4 uL.r...li-ty--loeati-oF•,-�ee{iicsis-. ..,.. _ ----- -- --- - Continued spring/summer- painting program. --Patched pot-hole= and .=..unk:en services. Graded s2verai atreet<_ and :".e--rsur ? :u_ed lda.nds:;nr Iron r �a].rner- ti; I.:uiatna: 9J.._,<_ to::=.,. ---Re-surfaced Wdodiand froiii Pa:caner- . try...Indi:ana:_....9.7..;6.7..._.tons . ..... ..... .-....-_.__.._.,____. .. _ Used left ovc�_r tac L for dust control on Carol , CIi:nt.on and Almond . Continued pre--patching upper Mountain from Prospect to end . --Re-st_trfar_.ed Leonard fr-om Woodland to Oregon- - 26C.1.44 -tons-. �_7_sed ler"t over tack:-caa{:. ror dus{:. r_ontro.l on Gr�andva.cw and on :-o;: . F; ' and all rye=o-;av re-surfaced • tr-eets. E+ec}>irr'pr`e-pa-tching -hiourrtairt-fr-o:a:z—,jai 7- -�✓ar=..t"i>'.�i-..Tttel.:s. ------- Re-surfaced So. Mountain fron" upper end do wna;to Emma':=1181:801 `,tons': fte-moved both ''curb returns on "the Power "s> d'e 'of MountS�in ati'E. e]Main ^ -vjiden- -chi:--intersect.i:on ......_.... .._.. -. _. . . ._ _:. _�._ ---__- R.1, L( So. Moc.u- Lain . i'rom Emma to Prospect: 1.83. "' tons. Cott for- patching : C:oVered para::ing area and the Re.-cycle Center. 4:96..51 Sl..;te9rt5__ STORM DRAINS:, ,everal-storm rr:as:n �; �'tem�--------------- -, tclear,ed � (j j. i:x': c;i=rawbi=r-r'v ._ri . rr-or'. r=,].ni_ct to Gr;an.iL !''u 1. .1.rpd i:l:i.tc:h;e c;r, No_ 11 i�.rl,'ai.r, at_ove 'r!. r-=sey SL:. . . —i:rc-ned-drainage-d :-cr_il--b tl-ow-�_r;it_I--6ei:wer=n-P•iottrrL-e.-tn ind-B-rir. . SIGIVS T cn ta11s,d a--"N0 -STOPPING." sign ir.--front-of Chi-te_.itlin- Pe-staurant-�--.. . ... . . . TnstaIIed F1andi.--Cacti .,ign :rind Post c:ri 6 ST. at Is t. St. . :hanged "LOADING 7ONE" sign to - "COMMERCIAL LOADING ONLY" s:i.gn on The-feria�a-- ---- Re-set "N ARK sign on upper Morton ,Instal led on; one post on upper' Morton., the', following<asigns:',: 1 .- A."b::.'6 Down`-1-Ii:-11 --Tritcir .-Symbol ; A ?4.:18 Truc4;s Down Grade . Made the following 2 signs, in English and Spanish, for the Re-Cy..le 1-entei "GARBAGE ONL-i a nd�-RF-Bn{'tAHr ES-BiVL-f1--- --- ----- Made new street sign for Central. Ave•.. .•to replace"'General S,t. . Trimmed brush away from stop signs "in lower 'I'owa ,St.-- area.. ` Pn' ta'1l.'ed "SCHOOL X,-WALk::" signs 'on So: Moun'tai`n 'ab0 6-"a rid­ be-loii Henry. - - - Insttxl :led a " 15 MIN.. PARf::%NG" sign; i i-i front of Rare Ear-t.h c-rn the PIa-a . 'Ciant.i.nued' r-emovi.ny 31.1 tape cross-w'i14a..,on Sis4:1 ou 'be`Lween Er=zch and Wall:ier- . - ' ode i,tp 3 _uaood stovers .for the Energy Drnt:- F•.r'lc.ir'rte-d L.he rem to1. b..0 LiD iicr ix:L . rtac tc:i r- L:: ill ec]i'ord . i7l -�..4 --'F:i-]. 7 J b«:a l-: nci 1 1 I C.,r- :.: -f 'r. :: f f fl AM- 3 S SKY City of Ashland --- ---- Fleet Maintenance - September 1993 Report 3 mechanics cogpleted work: on 105 work orders for various types of City equipment ..._.., ......_.... ........_..... .. - y p and vehicles . ...__..._ ..._.._._..._ _ ._ va a. -: -� �.hca net-� numbering =;y:>tc��m in effect , wnrl_: ordears will no longer ' bt:= reported on an individual department or division basis . i The emergency generators at City Ha11 "and' the Cvic ''Center'.were manually tested on a weekly bas:i.s . 1 and M cert.i.fi.cates issued fnr the month- Ashland School District : 1 _ of i g H uIed ^20 vards of granite- "from p:iL to q St. 1is;i_i1 rect E30 yards of granite from pit Lo ist. 'St . for t-TM. — for, 'Began .building':;pad •for concr,`ete slab to;set sanders ;aiid plows on•< for Conti.nued locating covered over rr.anh-�oles and valves in conjunction' wi. th oi-;r r-c-�ISUr._fac.ing ,.rogram , to be raised in t.hre near- future. _ --t-crh t:;r�.rsi•r orr-G -ty--prc;per-L'y--r;ca.r_:che-g'r•ar;i l-e-p"i"L— Pulled tree stump to re-pour- sidewalk across' from -Omar s."` Cleaned up facilities and equipment on a weekly basis. —Held monthly safety" meet:i.nq .._ . . -' -. .._ .. r Water Quality Monthly Report - September 1993 Water: Repaired 2 leaks in City owned water mains. Repaired 5 leaks in customer service and/or meter. Repaired 3 TID leaks. Replaced 3 broken stops on water meter services. Changed out 13 water meters. Installed 13 new water meters with hand valves. Installed 2 customer hand valves. Repaired 2 fire hydrants Relocated one fire hydrant. Installed 2 new fire hydrants. Installed 32 3/4" water services. Changed 3/4" water service from old 2" main to newer 6" main. Moved 2 meters and services back at Monroe St. Chlorinated and flushed water mains at new. Clear Creek Subdivision. Dug up . 16" water line on Nutley and helped Electric run conduit in it for new Pump Station at Strawberry. Made 4 large water taps, 2-4" and 2-611. Installed 2 new fire hydrants and one 4" fire line. Installed double-checks at Grandview and Shamrock lift stations. Repaired PRV's at Washington and also at Gresham and Allison. Installed pry at Shamrock pump station. Installed 200' of new piping in leaking TID ditch off Strawberry.. Installed drain line across Hitt road for new Reservoir road. Sewer: Installed 3 new 4" sewer laterals. Made repairs to 10 sewer lines. Responded to 7 service calls. Rodded 8847' of City sewer mains using 52 , 500 gallons of water. Rodded 650' of city sewer mains using the mechanical rodder. TV'ed 1827' of City sewer mains and 500' of 1611 water line. Miscellaneous: There were 95 requests for Utility locate calls. There was 138 . 47 million gallons of water treated at the Water Treatment Plant and 53 . 81 million gallons of water treated at the Waste Water Treatment -Plant. Used 45 yards of 3/4" minus rock at various jobsites. .f `i ASHLAND POLICE DEPARTMENT Monthly Activities For September, 1993 DETECTIVES Det Lynn Parlette arrested five subjects on charges of selling LSD and Marijuana in Lithia Park after a summer long investigation. The Detectives arrested a man on fugitive weapons warrants out of California. Subsequent investigation of this subject resulted in local charges of Delivery of Marijuana and Possession of Marijuana to California through Pak mail. A search warrant was served with the assistance of OSP at the residence of Shelley Shannon: in Grants Pass. She is was arrested by Wichita Kansas P.D. for shooting an abortion clinic doctor. Detective Parlette•is currently analyzing documents seized from her home for possible connections to other crimes, such as the arson of a clinic here. PATROL On September 20th, near midnight a 19 year old male was arrested and lodged in Jackson County Jail charging: Criminal Mischief in the first degree, Criminal Trespass and Theft. These charges are a stein from the subject's involvement in writing graffiti on vehicles belonging to the U.S Postal Service, and theft of U.S Mail which occurred at the Ashland Post Office on Lithia Wa. On September 23rd, a transient was arrested on Willow Lane after officers were dispatched to W.Nevada St after a citizen reported observing a male subject entering several homes in the neighborhood. The quick apprehension and subsequent investigation revealed five burglaries had been committed in the neighborhood. Jewelry and electronic equipment which had been stolen was recovered. The suspect was lodged in the Jackson County Jail on five counts of burglary, theft by receiving and criminal trespass. EXCELLENT JOB on the part of Detective Parlette, Officers Rich Walsh and Dick Chambers. Oregon State Police donated a 1985 Ford Thunderbird to the Ashland Police Department's D.A.R.E. program. The vehicle was seized by the State Police from a drug dealer and will be customized for use in our D.A.R.E. program. .4 grezt �eeycltrtg"apprDach Several auto-related businesses and community members have offered to assist with the customization of this D.A.R.E.-mobile and the Police Department is very excited. We are very encouraged by this positive community involvement. 'i TRAINING o Kelly Haptonstall attended a seminar in Medford entitled,"How To Handle Difficult People. " O Linda Hoggatt attended a 4 day seminar Northwest Education Resource Development class in Bend. Topics covered were: computer hackers, hard drive management, presentation graphics, computer security, future trends and telecommunications. • Captain Bernard attended a two day seminar on Critical Incident and Emergency Management for Law Enforcement. The class evaluates real incidents and shows how to expect the unexpected, how to confront and manage the actions and reactions of yourself and your personnel at a critical incident in order to provide the highest level of service and response. • Barb Hanson attended the annual three day Law Enforcement Data conference held in Bend this year. • Janet Bailey attended a 40 hr BPSST Academy seminar for School Resource Officers. PARK PATROL Park Patrol wrapped up their full patrol season on September 19th. A critique of the season will be held next month at the management session. CRIME PREVENTION September marked the beginning of the 1993-94 school year and another milestone for the D.A.R.E. program. Janet will be teaching in all five of the Ashland elementary schools this year. The first of the 17 weekly lessons was presented to the fifth grades in each school on September 9th. Janet made several community presentation during the month is currently coordinating activities in an attempt to involve other department officers in the community crime prevention program. 2 i COMMUNITY SERVICE VOLUNTEER PROGRAM During the month of September 1993, the CSV division had 92 active volunteers who worked a total of 525 days for a total of 1575 hours. In addition, volunteers also checked 34 homes of citizens who were away, and photographed 3 applicants for liquor and taxi driver licenses. CSVs also processed and assigned community service work detail for 5 subjects referred by the courts to complete 276 hours. Being part of the emergency network, one of the CS offices located within the Police Department is being modified with a special electrical outlet that will allow the use of a ham radio base station. The necessary cable had been in place for several years, however, it needed to be moved. This will allow the office to be utilized as an alternate dispatch station in case of an emergency. We processed 9 applications for the YMCA, 6 for the block home program, and 4 adult crossing guards. We also answered phone calls referred to us by city !tall and dispatch as to what agency to call for assistance. COMM UNI CATIONS/RECORDS The Communications division received 1717 phone calls, 335 were 911 calls. Calls For Service 783 Medical Runs 73 Fire Runs 15 ALS Runs 35 Auto Aid 1 DEPARTMENT PHONES: Swing Shift: 680 calls* Day Shift: 625 calls* Grave Shift: 412 calls* Total calls 3954 calls with 1717 being related to Police/Fire/Medical and 2237 related to other business. ** ** Partial Computer phone statistics calculations due to computer failure this month. 3 September 13th and 14th Kelly Haptonstall, Gail Rosenberg,,and Karol Williams completed the state mandated Emergency Medical Dispatch training. This brings our Communications Center into compliance with state guidelines with a fully trained staff. September 21-23rd Barb attended the annual 3 day state-wide LEDS ( Law Enforcement Data Systems) convention. At this year's gathering, Barb was honored by her peers for her dedication to her role as department LEDS representative , a position she has held for five years. She was also given a plaque by the LEDS staff for her leadership role in this year's organizational committee. It should be noted that as a result of efforts put forth by members of the Communications Department, the state-wide LEDS conventions will be held in Ashland for 1994. 911 EDUCATION PROGRAM During each 911 Public Education presentation, Barb explains the correct use of this emergency number and explains "When Not"to dial 911, specifically touching on the topic of power failures. She explains the role of the dispatcher and offers alternative numbers to call for information. As a result... when the power failed in September and the dispatcher on duty was busiest... the anticipated flood of 911 calls did not materialize. The public had heeded the informative advice. A true test of the program and a welcome relief to the Communications Center. Gary Brown Chief of Police GEB:bh Attachment 4 tM h4 VIA lg� I I 4" R - 4 4. �P - T I K i p. PF ..............OL ICEIDEPARTHENT tlt"! I.. it �T- t, - �6 TED,,INCIDENT,REFyRjiIF3 '%pSEPTE? IN 0 WIJ I I lj� `Irll�1 3" REPORTE CLEARED IgI, A#f§CtEARE ATES RREST�CHARGiS��," k!!'A4.syt ,i'UFFERSES & HIS'. DAR�Tk, M THIS �'!ITHIS�,NT' ),J,;THIS LAST' _,,YEAR,*JO�,1, �EAST-e IT LAST ISV MONTH If YEAR j 4 v t�,'NONTH YTD,, rD 110'V-10 'iLt- Juvp �k�MONTV, ADULT TOTAL, JUV,j,CA]HJL "J 'y: n, , if -tCRIMINAL,HOMICIDE g 1zIle, tt �,t MANSLAUGHTER ;«. If ri T- 61, 7"' 9 It ISM 25lo% 157 "1 2,:' 1 1 7 4 tRbBEiERY 6 ;�-0."AGGRAVATEVASLT ; I"- � ­?`�­41-.58781 ­ ` �1'.' ,4!�, . I I - 4 ,. .1 1 VI 7 17"`­t:-, �""i .1 s4"UP ,­BURGLARY V,0.Ie, 0: 114 57�m,F%�!� 3 % S.8'. str{ RESIDENCE 14 60 :5 10 4 I fl {, I IN, W 46 3 Xy 10 3 X 2.6N, YYr NON 11 -RESIDENCE- 7 39 12 . ,-,VLARCENYJ,THEFT 97 vas P. ,,j,�SHOPLIFTING't 3 113 3 96 85.0% es.ex rp 'a"NEFT FROM"MV 5 84', -141�19 ',';5.6' 1 % 1.17 NRTS-.ACCESS 62. 1-,>365s+ 472.2 X VI 'IMA At *�r-,±JHEFV F.RON BLDG 9- 40' 32 2 X. I 3 1,4,10 e '57.5% 16.71 OTHER THEFTS 20 217 159 2 11 5_ `7'1X 7.8% 9,4" x;:%MOTOR'VEH THEFT 3 27 X I 8 11 03.3% 29.6% 25.6 7 7 i' 1-�ARSON- t 1 7 8 j­:.12.5 2 4:, t," 28.61 50.0' -,h 2 . z-PART,I.TOTAL, 82 726 704 ?'+ ti 4 15 154 162'"-t118.3%':* 21.2% 22.21 -'}b 13 14 111 117.4 j q zo PART 11 6 63 97,3'.-� 35.1 4 37 70,,.' 66'1 1 61.3% 72."! 9 9 4 SIMPLE-ASSAULTS:� 4, a. E,COUNTERFEIT": 2 it 9 6 7 X 19.4% JORG 47.111, ,r.", 39 till 6 FRAUD Z�' 4 3 38 j CHECKS. 1 39 113 2, 65.5 X 4 25 45, 400'0% 64 1X 39.9 CREDIT CARDS 4 7 42.9 %. 3 OTHER FRAUD. 3 54 1-304-1 8 10 1§ 8X 27.8 EMBEZZLEMENT 3 12'. STOLEN.PROPERTY 1 222 +1000.0 X -4 .9% 50 1 2 6 ,.I t IIANDALISH 25 301 308 10 41 45,q 40.0%1,:13.6% 10 to to 55,1 I­hI'WEAPGNS OFFENSES 2 11 20.0 It 2 2 3 3 PROSTITUTION 10'; `33`-4t.54;'6 % 7 12 fI:�'66:3%YiI 0% -SEX CRIMES ,1'; 36.4,,' `9 t 1 3 14 ts 10- 1 2 NARCOTIC/DRUGS' a 65 43 Rte 512 X" it 60. 134 137�5%`�f 92.3% 79.1 1 60 "- OFF AGtIST:FAMILY I to 15 as 33*3 % 1 V, 4 rM r K10.0% 6.7% 97.6` 5 5, UNDEVINFLN6"It' -'5 Bif 5 45� :8; 4 etiv" 1IOvVAo(;r0%A"i83:2% 85:3% �614J'j 17 23 107� 7'1 01 IQUOR,LAWS _5f 35 152V I;',f - i DISORDER 14 CONDUCT 156 .-15044!24.0 X' 1 32 33"tE"�Z`1%I 201.5X 22.0!1: 21 57 KIONAP,r 1 ;r 100.0 ell % TRESPASSS 8.5 X 30 192 177i';t+:j 4 53-I'i25"'3X" .21.9X 29.x. 6 13+ 6 :ESCAPE" f 1 f 1 ;�­Ioo.ox 100.0V Vp:m", I 1 .2' 7e ALL OTHER 48 364 :166i,,- 6 X 19 131 '1�39 6Xtp .36 OX F0.0%, ,IQ a Is 65 .94 I ­A -THREATS, 4 16 10 60;0 11 3 1 10 r V R; iCURFEW/LOITERING 34 'A'30N x 31 23 97.1% 76.7% 7 104 �A38.�:+��343.2-% ,fi, J 1�,,--�;13 5-";34,7 X RUNAWAY i w. 3 43 1 h 34 2; fl �,,Is 0 RiX, 70 64 ,67 VC ;443!5% 39.6% 321 933 P,ART If"TOTAL 161 1618 x 1 38 5% �,'11 3 3 6- 119 840 `�3 99 ii,PART 'I, L PART�11 243 2344 24681�=''Z' 5 0 X 795 7�1510%1�'R33�9% _14 13B 432 950 J f F 14 111 1 111 P� r. ME ly.N & q ,-� "";I:, 1"V, V q g q , 1 I IN 'Y I ASHLAND�POLICE 't 4�1; PLCIOOIR 4 Dtr;t1i )4xCREATED:P511i ;`,-'t'CONaOLIDATED JNCIDENMREP.GRT,l,W I' -1 VQ s1n;qSEPTEMBE WN OM REPORTED it Na�.,OF l'OFFENSES I lit o'CASES L Rd� IF A ARREST CHARGES' 111 ­1ITHIS LAST%'*!0EARATD THI5 :.THIS ,I' ST 4THIS4 LAST P:ttTHIStjMONTH' YEAR TO DATE -iMONTH YTD YTV,-.`i?DATEY 1,MONTH4rYTD 6IYT ONTHA7 YTO 0%;JUPADULT; TOTAL JUV'o'ADULfi",�11, I, 14 t t:p, DPARTa Ill t-:, it , ti N, cl!'f TRAFFIC CRI ME 0A a Mr, L 5 8 _55 4',14 0 0.7-% 6 4,HIT 4'.RUN 1,�, 10.9% alif 6, ,A,i­,RECKLESS'DRIV 4 6' 3 3 %, t, 66X 3 667 % 4 47.1 X 1. ;% VIP, I-, �w :FT,DISP'DRV,LIC tt­­14, kmtkl �Ie, 2 -4 ,,V,jRAM'ACC'.-FATAL .' 63 8 % TRAFFt'ACC INJURY: 25 69 49, 10 102 Ii,169 39.7 X YRAFF k6-hR1'-zDAM ,"- � ,� -I J!, N311 C k, t r446!FISH:&4AMEJ i d q tj y. IONS, (`V 4, I ji100,0% 32 50.0',' x, ---i 3 50.0 % nl� 33. . zfCUSTO➢Y...... .. 3 40 HRRRANTS 33 ­21,­100.0V .1% 75.5.', I.KF"N, 3 3 % 2 ER 1 5 "1 1 t.+'400'.0 I 7'. TH R 4 p. Y, I� 25 .0% 47 s+;. 34.0 X 7 63,,:'.. 47' 100.0% ' 100.0% 100.01 12 14 ? 90 S 7 63 4 ISSING-PERSONS • 2 33.3 x DDEN'DEATHIBODY 3 1 8 12r5, f; 11 UICIDE-ATKPT, I 9 111:t X` . ;j. OTHER,ACCIDENTS 'AHIMAL PROBLEMS 42 211 16.4 6 �,t,:'PROPERTY L/FIC 46 340, 1, 25.5 3% 's ­ADANDDNED AUTO,` 'j 41"r`.245 207 it .18, LOCATE'UNLY AUTO k .1 !IMPOUND AUTO :I G­ 63.3 x ASSIST.I RENDERED 81 700 717�w"- 2.4 X 3 3, 1.2% 4% DOMESTIC'PROBLEMS 43 70R�'­ 30.6 % -INSECURE PREMISES 3 62 6%,*, '7.5 X ,`-SUSP PERICIRC d21 . .315 ..'i'502'A:. 37.3 % It. "y' I. PUBLIC 4� 76 ­;f)4 2.7 X -SAFETY,,. 7 ";D'ISTURBANCEMOISE 87 612 593 3:2 % r�-Q 'SICK CARED FOR,., 20 151 16141,- 6.2 % MAR INE!ACT I VI TIES T Z P,,', ' ' TRAFFIC'/RGADS' 56 376 362 3.4 X: Jti CIV I L-COMPLA INT 7 69 28 t J46.4 % ,_IVEH DISPOSITION kARMS SOUNDINb 0! .,,CONFIR NED, 1 5 80.0 V FALSE 2 1 -148'- 25,74 ACCIDENTAL 100.0 % - �.."FAULTY + 50.0 % o ti lilt OTHER SUBPOENAS :V, 'ASSLI'AG OFFICERS 0% too OTHER MISC 28 131 U��4 107.9 X 1.6x 14, It WC 2.4 ,;J_,PART,I'll. TOTAL,',' 504 393?% 1.4h 3.11", 16 IS 13 156 'Ib`I It 6 14.8N, 445 166,�, GRAND TOTAL 747 6283 ­�6503 3.4'% 99 928 ,#9641llj#iI3.W_ 4.8% 115 156 1 j it Li 'y October 29, 1993 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - October 1993 The following is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1993-94. I. PRINCIPAL ACTIVITIES: 1. Attended study session of Medford City Council at invitation of City Manager Anderson regarding membership on Regional Rate Committee. 2 . Met with Ken Mickelson and Jill Turner regarding financing options for proposed golf course and necessary services by PFM. 3 . Met with Mary Smelzer and Pam Barlow regarding preparation of joint application for funds for watershed and interface projects .under Clinton "Jobs in the woods" program. 4 . Met with Dr. Bill Mathis, consultant for Staff Development retreat regarding personal profile and plans for retreat. 5. Attended and participated in all day Staff- Development retreat at Box R. 6. Met with Ron McCormick, Forest Management Consultant and Mary Smelzer to review draft of grant application for Clinton "Jobs in the Woods" program. 7 . Met with John Billings regarding unresolved issues in proposed golf course lease. 8. Attended all day Emergency Planning table-top exercise at County offices in White City. 1 I 0 9 . Met with Jill Turner, Dick W. and Al Williams to discuss ways to reduce electric expenditures to attempt to avoid further rate increases this fiscal year. 10. Attended meeting of State OEDD officials and old Ashland Armory owners regarding modifications to the Lottery grant we agreed to administer. 11. Chaired quarterly meeting of Oregon Municipal Electric Utilities in Salem regarding the BPA Conservation bonding program. 12 . Attended Cable Access study session at SOSC. 13 . Met with Jim McLean, business agent for IBEW concerning several contract interpretation issues. 14. Was luncheon speaker at Ashland League of Women Voters regarding current City issues and projects. 15. Met with Sandra Slattery of Chamber of Commerce to discuss their plans for the Festival of Lights. 16. Met with Fire Chief Woodley regarding his annual evaluation. 17 . Testified at Planning Commission hearing regarding the site review for the new Public Works/Planning building. 18. Met with Cable Access Chair Tim Bewley and Pete Belecastro concerning TCI and PEG access fee. 19 . Met with Daryl Ackerman and Building Official Broomfield regarding barrier removal plan for all City buildings. 20. Met twice with John Farncoff, rate review consultant regarding. cost of service study for water and sewer rates. 21. Met with Ben Webb and other BPA officials to discuss purchase of property on N. Mountain Avenue for electric substation. 22 . Bill Patton of OSFA and I hosted 15 Japanese Council members who are in the U.S. studying the effects of tourism on the local economy. 23 . Took 5 days of vacation in Chicago. 24 . Toured City parking lot with Bill Patton of OSFA to review safety concerns expressed by patrons concerning inadequate lighting. 2 25. Attended Council Study Session With Farncoff And Associates regarding water and sewer rate options. 26. Met with Steve Groveman of Youthworks regarding CBDG grant process and other potential grant opportunities for relocating the Teen Center, and issues relating to the homeless. STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA has agreed to pay $158,400 for 'the 2 . 17 acre site for the new substation. Park planner Midge Thierolf and BPA designers are working together on the master plan. Construction of the substation is expected to commence in the Spring and is to be completed by December 1, 1994 . 2 . Downtown Project. Completed. 3 . Northwest Water Project. Construction on the reservoir on Hitt Road is complete and tests for leaks are underway. . The paving of Hitt Road should be .finished within two weeks. Final completion is expected before the end of the year. 4. Open Space Program. Curtis Hayden of the "Sneak Preview" and merchant Richard Hansen were successful in their petition drive to ask the voters to repeal their previous decision. If the voters were to repeal the 1% for parks, we would have to find some way of paying for the Hodgins property which we have purchased, and would be required to levy the assessments on the Railroad Park. The Council voted to place a competing measure on the ballot to reduce the tax to 1% if the statewide sales tax passes in November. At the recent Study Session on sewer rates the consultant estimated that the 4% would offset $15/mo. by 1998. 5. Digester Roof. Completed. . 6. Tolman Traffic Signal. Completed. 7 . Wetlands Study. The 20/50 Committee has begun its work to facilitate a basinwide solution to water quality and quantity. The DEQ stated its commitment to facilitating such a solution once the City commits itself to an option acceptable to DEQ. 8. Forest Fire Management Project. Parks has completed its work for this year. Additional work is scheduled for next Winter which will complete the recommended project list from McCormick and Associates. Following completion, the park land will be dedicated to the Parks Commission for maintenance. We have submitted a grant request under Clinton's new program to complete all the projects in the Forest Plan. 3 4 9. Capital Improvement Plan. The draft plan was reviewed in study session in January. Copies have been placed" in all the libraries and I am making myself available to speak to groups about the plan. I am recommending that we place this on the Council agenda in December for adoption. 10. Office Addition at Civic Center. Working drawings and specifications have been completed. We presented the site review to the Planning Commission at their October 9 meeting, and it was approved by a unanimous vote. The City Council on October 16, appealed the site review for a public hearing on November 16, along with the policy issue as a separate consideration. Plans are to go to bid some time after January 1 in order to take advantage of a favorable bid climate. III. STATUS OF COUNCIL GOALS: 1. Amend the Fair Housing Ordinance. Completed on May 18. 2. Modify all municipal buildings to make them fully handicapped accessible. Study of all facilities has been completed by the consultant and should be ready to present to Council on November 16. 3 . Deal more effectively with public/media issues. The City Council agreed to become more active in writing guest editorials and in responding to letters to the editor during the coming year. 4 . Review personnel policy effectiveness. The Council directed a review of our present employee evaluation process, training, and overall personnel policies. A committee of middle management personnel has been reviewing the last issue, and I hope to report to the Council on this in late Fall. 5. Give consideration to affordable housing policies whenever other growth management or utility policies are changed. The Water and Sewer rate options presented at the study session on October 26 do relate to this goal and were discussed. We are still having some difficulty with one buyer who has threatened to sue the developer over the "sleeping second" . 6. Take a proactive role in opposing proposals to upzone secondary lands adjacent to the city's Urban Growth Boundary. Planning Director McLaughlin and Mayor Golden have written a joint letter to the County expressing our views. Both have appeared at the Ashland area hearings to reiterate our opposition, particularly in the interface areas. The County's latest proposal seems to add only three new parcels. 4 Of AS& October 25, 1993 To- City Administrator, Mayor, City Council ram: Steven Hall, Public Works Director �U�IlCt#- Sludge Disposal Update Dennis Bamts and Dick Marshall have been exploring short term and long term options for the disposal of sludge from the Ashland wastewater treatment plant. Dennis and I discussed their ideas and I would like to pass them along to you. Among the so-so news is the limited approval of Jim Millers large parcel of land initially estimated at 100 acres. The DEQ approval and land slopes, etc., etc., limit us to an estimated 6 acres with a mad to be constructed to reach the site. With the maximum application of 30,000 gallons per acre per year during the summer only, the site has limited, if not doubtful, useability. Two other sites,45 acres on Eagle MR Road and 70 acres on Valley View Road were denied by DEQ. The two major problem areas on sites in or around Ashland are soil types (clay in particular)and slope(cannot exceed 12%). Another limiting factor is the proximity of homes as is proving somewhat of a problem with the existing approved Miller and Billings fields. Other considerations are drainage ditches, streams or wells in the near, proximity. Dick has purchased soil classification/slope maps and is exploring the area through Phoenix. Ultimately, we will cover the area within a 25 mile radius. The short to medium term goal is to find a site for year round disposal approximately 100 acres is size. If the ultimate solution to the W WTP improvements involves sludge disposal (either liquid, dry or a combination) it would be wise to find a large parcel of land and purchase it. The land then could be sublet for the growing of grass crops by a private party. With increasing regulations for sludge disposal; incineration of dried sludge may be the ultimate answer. Dennis and Dick will begin discussions with Bio Mass early next year to see if there is any possibility of working with them towards a common solution. Dennis and Dick met with John Holmyd at Bandon to look at a new (3 months on line) state of the art plant. The plant is located on the waterfront adjacent to Oldtown Bandon. The plant is an aerobic digestion plant with sludge thickening. The odors are virtually non-existent. Odor control is not required because the technology (e.g. fine bubble aeration basins) practically eliminates all odors. I am seriously considering a field trip to Bandon with a few individuals (including Quiet Village) to look at the plant. The old adage of a picture is worth a thousand words aptly applies in this-instance! We have the initial draft design report for the odor control project at the WWTP. If all goes well, the new system should be operating late next spring. I will keep you informed of progress, changes or yuks! cc: Dennis Barnts, Water Quality Superintendent Dick Marshall, Wastewater Plant Supervisor � Pmorttn � ixm G4EGG� 20 October 1993 r�T Steve Hall, Paul Nolte X10: TIIIII: James H. Olson, Assistant City Engineer pll�IjPCt: Modification of Easements at Ashland Community Food Store Mr. Eric Wallbank, president of the Ashland Community Food Store, Inc., has requested a third alteration in the location of existing storm and electrical easements over the ACFS property. On the 6th of October 1992, the Council authorized the modification of an easement that was first established in 1981 and realigned in 1990. This modification was signed by the City on 8 October 1992 and was recorded as instrument no. 92-33390. The current request for modification further revises the easements by separating the single utility easement into 2 distinct easements, one for power and one for storm drain ! purposes. Attached is a copy of the previous modification (instrument no. 92-33390). The current request uses the same format. If Paul will approve this form, can this request be scheduled for approval at the-2 November Council meeting? JHO:rsucFS.. Attachments: Instrument No. 93-33390 copy of requested modification of easements cc: a 92—,33390 f �• D 15, 00 `:ODIFICATION OF EASEMENTS FOLLOWING IS an agreement to modify certain easements entered into this (� day of ��� 1992 , by and between the City of Ashland, Oregon, a municipal corporation, hereinafter referred to as the "City", and Ashland Community Food Store, Inc. , an Oregon corporation, hereinafter referred to as "ACFS" ; W I T N E S S E T H THAT WHEREAS, ACFS owns certain real property in Jackson County, Oregon, encumbered by certain utility easements as set forth in Document No. 81-21859 and 90-07425 of the Official Records of Jackson County, Oregon; r AND WHEREAS, the City is the owner of said easements; AND WHEREAS, it is the mutual desire of the parties that the location of said easements should be modified for purposes of development of the servient real property; NOW, THEREFORE, in consideration of the mutual covenants contained . herein, the parties do hereby agree and bind themselves as follows: Effective with the execution of this instrument, the location of the easements identified in the documents referred to above shall be considered relocated to the strip described on Exhibit "A" attached. Except as expressly modified herein, said easements shall remain in full force and effect. This instrument was executed upon the authority of the Board of Directors of ACFS and the City Council of the City. ASHLAN COMMUNITY FOOD STORE, INC. BY: Its President CITY OF ASHLAND By: CATHY GOLDEN, Mayor BY� NAN FRANKLIN, City Recorder MODIFICATION OF EASEMENTS Page -1- / �`� 92-33390 STATE OF OREGON ) COUNTY OF JACKSON ) On this _L3 day of e-, 1992, personally appeared the above-named Erjr /f Ala//hli�/� , President of Ashland Community Food Store, Inc. , and executed this instrument on behalf of and with authority of, its Board of Di a me: OFFICIAL S:SEP. NANCY E. SLM C.J NOTARY PUBLIC - GON NO P 11C for Oregon COMMISSION NO647 _ *�COMMISSION EXPIR18,1995 My Commis sion Expires: STATE OF OF OREGON ) COUNTY OF JACKSON ) On this ff-'day of 1992 , personally appeared the above-named CATHY GOLDEN, Mayor of the City of Ashland, and executed this instrument on behalf of and with authority of the jt3' f nchia„a —Before me: ��, cJtlaeL � N ? I Notary Public foV Oregon My Commission Expires: S STATE OF OREGON ) § COUNTY OF JACKSON ) On this P/� day of�}-�— , 1992, personally appeared the above-named NAN FRANKLIN, City Recorder, and executed this instrument on behalf of and with authority of the City of Ashland. Before me: Notary Public fo Oregon - My Commission Expires: �S MODIFICATION OF EASEMENTS Page -2- 92-33390 An easement for construction and maintenance of public utilities , the location. of said easement being described as follows : Commencing at the northeast corner of PARCEL Nb. 3 . of Minor #Land Partition Plat recorded November 28 , 1990 , as Partition Plat No. P-138-1990 of "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey. No. 12304 in the Office of the Jackson County Surveyor; thence North 74'08 ' 52" West along the northerly boundary of said PARCEL NO. 3 a distance of 127 . 64 feet to a point which bears North 23 ' 09 '13 East from an inside ell corner on the westerly boundary of said PARCEL NO. 3; thence South 23'09 ' 13" West 70. 92 feet to said ell corner; thence along said westerly boundary South 23 '09113" West 120 . 10 feet to an angle point on said westerly boundary; thence South 66 '50 '47 " East 4. 00 feet to an angle point on said westerly boundary ; thence South 23' 09 ' 12" West 10. 54 feet; thence , leaving said westerly boundary , South 66 ' 53 ' 29" East 36 . 19 feet; thence North 23 ' 06 ' 31" East 10 .00 feet; thence North 66 ' 53 ' 29" West 25 . 18 feet; thence North 23' 09 ' 13•' East, parallel with and 15 . 00 feet easterly of said westerly boundary and its northerly prolongation , 170 . 43 feet; thence North 36 '38'41 " East 24. 45 feet to the northerly boundary of said PARCEL NO. 3 ; thence North 74'08 '52" West 20 . 87 feet to the point of beginning. 7adwn CM&Y, Offi&n Recorded AL RECOWS _ REGISTERED � PROFESSIONAL NOV U 2 1992 A At LAND SURVEYOR U KATHLEEN S. BECKETT V�LFR14 a R ER 0�( ►°Un�n'.�w� OIVREGON LY 11,19]9 taa4v[v ROGER R. ROBERTS 1656 LANDMARK SURVEYING Public Utility Easement Ashland Community Foods May 13, 1992 [ASHCOHH.DSCI J/ SETTLEMENT AGREEMENT Planning Action 90-057 October 5, 1993 The City of Ashland, Gary and Diane Seitz, John and Jean Sully, Carl and Rosalie Oates, Dennis and Linda Friend, Roger and Linda Floyd, and Marcia Van Dyke have reached the following agreement: 1) A four (4) lot subdivision shall be developed as shown on the attached "Optional Plan" dated August 4, 1993, Sheet No. 1AX. The recorded final subdivision plat, and any deed to the respective lots, shall contain a restriction against further partitioning or subdividing of Lots 1, 2, 3 or 4, or any one or more of them. 2) A landscaped buffer zone will be created as shown on the attached "Optional Plan" and in addition along the South side of Diane' s Hill Street from Granite Street and along the adjacent existing lot, with said buffer zones to be determined in coordination between the concerned parties . Existing trees within proximity of the property line shall be retained to the maximum extent feasible, and in agreement with the concerned parties . 3) The parties acknowledge and agree that the attached "Optional Plan" does not include a sidewalk on the proposed public street, and the City Planning Department has agreed to pursue a variance for this , as part of the subdivision approval . Likewise; the Seitzes and the City shall cooperate in the installation of unobtrusive lighting, that meets City requirements for the lighting of public streets, while minimizing to the extent possible the . negative visual impact and glare onto neighboring properties . 4) All fill resulting from the building of the road and cul- de-sac shall be placed at a slope between 1-1/2 : 1 and 2 : 1, with appropriate permanent vegetative erosion control . 5) The City agrees to hold a public forum regarding infrastructure of water, sewer, and repairing of Granite Street. The intent of this forum is educational rather than adversarial in nature. City Council and relevant department heads will be at this forum. 6 ) Builders of new homes in the subdivision shall provide residential sprinkler systems in each of the four new homes in accord' with current fire department requirements, with systems to be reviewed at time of building permit issuance. 7) The upper area of the property in question, roughly 13 acres, will remain in the ownership of the Seitzes at the current time,. and will not be transferred to the City of Ashland open space program as originally proposed. 8) The City of Ashland agrees to supply the water for the four lot subdivision by tapping into the 24 inch transmission line on Granite Street, subject to verification that the design will work by using a computer model. It is the City' s intent to use the transmission line unless it is proven to be technically unfeasible. The Seitzes agree to pay for the costs of a computer model run by the City of Ashland of the proposed water system design. 9) All of the conditions of approval set forth in Ashland Planning Department Staff Report, Addendum IV, dated October 5, 1993, PA 90 7057, are hereby incorporated and made a part of this agreement, except for items 10, 11 and 17 . 10) The parties agree that this agreement meets their concerns and will not pursue further appeals, either at the local level or at LUBA, so long as the terms and conditions of this agreement are met. If further conflicts do arise in the future that the parties cannot solve by themselves, the parties agree to mediate before going through litigation channels . The parties agree that the above terms represent the mediated agreement. Dated this `s! day of c r , 1993 . GARY S ' TZ JOHN SULLY DIANE SEITZ JEAN 'SULLY � CARL OATES DENNIS FRIEND ROS LIE OATES LI14DA RI ND MAR CIA VAN DYKE R GER OYD HN Mc GH , City of .L-INDIA FLOYD shlan la ng Director Contents of Record for Ashland Planning Action 90-057• REQUEST FOR STREET REVISIONS, APPROVAL OF OUTLINE PLAN, AND SIDEWALK VARIANCE FOR A FOUR-LOT SUBDIVISION. APPLICANTS: GARY AND DIANE SEITZ BEFORE THE ASHLAND CITY COUNCIL NOVEMBER 2, 1993 Notice Map and criteria for approval 11/2/1993 . . . . . . . . . . . . . . . . . . . . . 1 Planning Dept. Staff Report 11/2/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Settlement Agreement - 10/5/93 . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 16 r Notice is hereby given that PUBLIC HEARING on A copy of the application,all documents and evidence relied upon by the applicant the following request with respect to the ASHLAND and applicable criteria are available for inspection at no cost and will be provided at LAND USE ORDINANCE will be held before the reasonable cost, if requested. A copy of the staff report will be available for inspection seven days prior w the hearing and will be provided at reasonable ms t, .ASHLAND CITY COUNCIL on the 2nd DAY if requested. All materials are available at the Ashland Planning Department,City OF NOVEMBER, 1993 AT 7:30 P.M. at the Hall,20 East Main,Ashland,OR 97520. ASHLAND CIVIC CENTER, 1175 East Main During the Public Hearing.the Mayor shall allow testimony from the applicant and Street, Ashland, Oregon. those in attendance concerning this request The Mayor shall have the right to limit the length of tesdmony and require that comments be restricted to the applicable criteria. The ordinance criteria applicable to this application are on the reverse of this notice. Oregon law states that failure to raise an objection concerning this application, 8you have any questions or comments concerning this request.please feel free to either in person or by let ter,or failure to provide sufficient specificity to afford the contact Susan Yates at the Ashland Planning Departmem City Hall,at 488.5305. decision maker an opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure w specify which ordinance criterion the objection 4 based on also precludes your right of a cal to LUBA on that cricerion. i / lS fnYx[x, co,.,,e!: u E.. -.• ' _ �t�� .-✓� x.eats v.xn. i Ty ]=H VEIO�FS A If PLANNING ACTION 90-057 is a request for revisions and approval of an Outline Plan for a 4-lot subdivision under the Performance Standards Option for the property located on Granite Street near the intersection of Granite and South Pioneer Streets. Revisions are in accord with mediated settlement agreed to by the involved parties. Request also involves a variance to waive the installation of a sidewalk along the new street. Comprehensive Plan Designation: Single Family Residential, Rural Residential, Woodland Residential; Zoning: R-1-10, RR-.5P, WR, Assessor's Map #: 8DD; Tax Lot: 900. APPLICANTS: Gary and Diane Seitz I _ _ r CRITERIA FOR OUTLINE PLAN APPROVAL The Planning Commission shall approve the outline plan when it finds the following criteria have been met: 1) That the development is consistent with City plans and with the stated purpose of this Chapter of the Land Use Development Ordinance. 2 ) That the existing and natural features of the land have been considered in the plan• of the development and important features utilized for. open space and common areas. 3 ) That the development design minimizes any adverse effect, on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. 4 ) That adequate public facilities can be provided, including , but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. 5) That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area; nor will the potential develd'pment of adjacent lands be impeded. 6) That there are adequate provisions for the maintenance of .open space and common areas, that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire. 7 ) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is made of renewable energy sources, including solar, where practical . 8 ) That all other applicable City Ordinances will be met by the proposal. CRITERIA FOR VARIANCE The criteria for the approval of a Variance are found in . 18.100.020 and are as follows: 1) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. 2) That approval of the application is necessary for the preservation of property rights. 3 ) That the approval of the application will not create a negative impact on the development of the adjacent uses and. will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4) That the conditions or circumstances have not been willfully or purposely self-imposed. ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM V November 2, 1993 PLANNING ACTION: 90-057 APPLICANT: Gary and Diane Seitz LOCATION: Granite Street near the intersection of Granite and South Pioneer Streets. REQUEST: The applicant is requesting revisions and approval of an Outline Plan for a 4-lot subdivision under the Performance Standards Option. Revisions are in accord with mediated settlement agreed to by the involved parties. Request also involves a variance to waive, the installation of a sidewalk along the new street. I. Relevant Facts 1) Background - History of Application: This application has a very long history. The application was first presented to the Planning Commission in April, 1990, however, the applicant requested a one-month delay to address additional staff concerns. A public hearing was held in May 1990, at which time the Planning Commission approved the request, with several conditions modifying the subdivision design. The applicant requested a delay in the adoption of the findings to allow for an alternative .plan to be developed, encompassing the Planning Commissions conditions, but resulting in a more efficient design. The Planning Commission reviewed the modified design in a public hearing in July, 1990, and adopted findings of approval in August, 1990. The approved application was appealed by several surrounding property owners and was heard by the City Council in September, 1990. The Council approved the application essentially in the same form as approved by the Planning Commission. Findings of the approval were adopted in October, 1990. The action was then appealed to LUBA, where in January, 1991, the LUBA referees determined that they did not have jurisdiction over this application, since it involved a subdivision request. Under Oregon Revised Statutes in effect at the time, the definition of a land use decision reviewable by LUBA excluded subdivisions. Due to the decision, the case was transferred to Jackson County Circuit Court. y In February, 1991, the Oregon Court of Appeals determined that LUBA must review all challenged decisions appealed to them to determine if they were made "consistent with land use standards." If the decision was found to comply with standards, then LUBA would not have jurisdiction, and the application would be transferred to a circuit court. If it were not made consistent with the standards, then LUBA would rule on the action. Based on this Court of Appeals decision, the Jackson County Circuit Court referred this case to the Oregon Court of Appeals for a determination of jurisdiction. In October 1991, the Court of Appeals determined that the case would be transferred back to LUBA for review. In March, 1992, LUBA reversed the decision of the City, stating that the City erred in determining the length of the street, basically saying that the length of the street will include the cul-de-sac turn-around area. An opinion by the previous City Attorney stated that the length of the street did not include the turn-around portion. The LUBA decision on5 addressed the issue of cul-de-sac length and no other issues of.the subdivision. In July, 1992, the City Council was requested to review an amended application, addressing the concerns raised in the LUBA reversal. The Council decided that no further review of the application was warranted, based upon the reversal of the previous decision by LUBA. This action was summarized in the findings, which stated: "the Council will not further consider this case or the amendment to the application submitted by the applicants. The effect of LUBA's decision is to deny the original application." The Council's decision of July, 1992 was appealed by the Seitz's to LUBA, and in December, 1992, LUBA remanded the City's decision, finding that City could not deny the application, or choose not to accept a revised application, based upon the reversal by LUBA. The Council must decide whether or not to allow an amended application, and then base their ultimate decision on the subdivision on the evidence allowed into the record. On March 2, 1993, the Council accepted testimony on whether or not to allow an amended application to be submitted. Testimony ranged from fire issues, street grade, driveway grades, to street cuts and erosion control. The Council ultimately decided not to allow the applicant to submit a revised application, and then denied the entire application based upon the originally submitted application, with a cul-de-sac in excess of the allowable length. PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 2 On March 16, 1993, the Council voted to reconsider its previous decision not to allow a revised plan. The reconsideration was based upon a request by the applicants, stating that issues were raised and discussed that they were not informed about prior to the hearing, and were not.prepared to address at the hearing. Prior to scheduling the next hearing to decide on the reconsideration, the Planning Department proposed that the parties attempt to resolve the dispute through mediation. Meetings and discussions were held over the next several months, with the City participating and paying David Schieber to serve as mediator. A tentative agreement was reached not long after the initial mediation sessions. However, due to several factors, a final agreement could not be reached, and.the City chose to withdraw from the mediation process since it did not appear that an agreement could be reached, and the. costs of the mediation were mounting. A public hearing on the original application as submitted by the applicant was then scheduled before the City Council on October 5, 1993. !' After the City withdrew from the process and rescheduled a hearing on the original application, Attorney Dan Thorndike, a neighbor of the project who also assisted the neighborhood in the filing of the LUBA appeals, scheduled a meeting of all of the parties to attempt to reach an agreement. The day of the Council meeting where the action was to be heard, the . parties reached the attached agreement. 2) Settlement Agreement Attached is a copy of the Settlement Agreement, dated October 5, 1993. The main issues are as follows: Number of Lots The total number of lots in the subdivision has been reduced from 5 to 4. The applicants have agreed to this reduction, and have essentially combined two lots into one large lot, which will be their personal home. The applicants have further agreed no to split this lot in the future. Sidewalk Variance The neighbors have requested that a sidewalk not be installed along the new street. The concerns are that a sidewalk would encourage "non-neighborhood" pedestrians to venture up behind their homes, PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 3 and into the forest interface area. Further, the sidewalk widens the street to where additional cuts and fills are necessary, increasing the impact of the street construction in their rear yard areas. The Planning Staff, while realizing the City's desire to have sidewalks on all streets, believes that there is justification for not providing a sidewalk here. The street.only serves 4 homes. If this area had been developed as a 3-lot subdivision, a sidewalk would not have been necessary. Therefore, the one-lot increase does not seem to create a tremendous need. Further, the traffic flow on this new street will be approximately 40 trips/day, with only 4 trips in the peak hour, on average. This very low traffic will allow pedestrians to share the street with autos, without creating an unsafe situation. Findings in support of the variance are included below. Public Forum with the Council 1 Many issues were raised during the mediation that went.far beyond the project site, including infrastructure, hillside development, and overall fire concerns. The neighborhood has requested that they have an opportunity to discuss these issues with the Council in a "non-adversarial, non-public hearing" environment. In attempting to raise these issues during the public hearing on the subdivision, the neighborhood felt that the Council was not listening. During mediation, it was explained that the issues went far beyond the criteria for approval, and essentially could not be considered by the Council as part of the request. Therefore, they have asked that they have an opportrmity to discuss these issues outside of a current land use application. Staff has agreed to schedule such a meeting, allowing for the interaction. Fire Concerns The applicant has agreed to have residential fire sprinkler systems installed in all new homes.- Open Space In the original application, the applicant had agreed to donate 13 acres to the City's Open Space Program. However, with the change PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 4 7 in overall design of the subdivision, the applicant has chosen to maintain ownership of this property. The original dedication was not required by ordinance, but rather a "gift" of the applicant. While Staff would like to see that land under City ownership, we clearly understand the position of the applicant in retaining ownership. II. Procedural - Required Burden of Proof The criteria are those that were in effect at the time of the original approval and are as follows: a) That the development is consistent with City plans and with the stated purpose of this Chapter of the Land Use Ordinance. b) That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open. space and common areas. c) That the development design minimizes any adverse effect on the areas beyond the project site and that the character of the neighborhood be considered in the design of the development. d) That adequate public facilities can he provided including, but not limited to, water, sewer, paved access to and through the development, electricity, and urban storm drainage. e) , That the development of the land and provision of services will not cause shortages of a necessary public facility in the surrounding area, nor will the potential development of adjacent lands be impeded. f) That there are adequate provisions for the maintenance of open space and common areas, thut ij'developments• are done in phases that the early phases have the .same or higher ratio of amenities as proposed in. the entire. g) That the total energy needs of the development have been considered and are as efficient as is economically feasible, and the maximum use is [Wade of renewable energy sources, including solar, where practical. h) That all other applicable City Ordinances will he met by the proposal. PA90-057 Ashland Planning Department -- Staff Report -- Addendum .V Gary and Diane Seitz November 2, 1993 Page 5 The redesign results in a shorter street, complying with the only issue raised in the LUBA appeal. The criteria for approval of a variance (waiver of sidewalk) are as follows: (1) That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. (2) That approval of the application is necessary for the preservation of property rights. (3) That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. t (4) That the conditions or circumstances have not been willfully or purposely self-imposed. Staff believes that this is a unique site, resulting in limited development behind existing single family homes on a hillside area across from Lithia Park. There is a high potential for non-neighborhood pedestrians to venture up into the forest interface due to the proximity to Lithia Park. The variance allows for the development of the property with the maintenance of privacy that is normally afforded to all other property owners. The benefits of the proposal are a decreased opportunity for non-neighborhood pedestrians to head into the forest interface, and a reduction in the cuts and fills associated with the street construction. The negative impacts, pedestrians on an automobile route, is greatly reduced by the limited development - 4 lots. The average number of trips per day' will be 40, with peak hour traffic being only 4 trips, on average. The applicant has not crated the unique locational circumstances of developable land behind existing homes, across from Lithia Park. While Staff believes that the variance may be appropriate in this instance, we do not want to encourage sidewalk variances as part of any other street improvements within the City. We, as always, remain committed to improving the pedestrian environment for all citizens. IV. Conclusions and Recommendations Staff recommends approval of the revised application as stipulated in the Settlement Agreement dated October 5, 1993, with the following conditions: .PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 6 1) That a 10' wide pedestrian easement be dedicated to the City of Ashland along the irrigation ditch. Pedestrian easement to be shown on Final Plan and recorded on the survey plat. 2) That building envelopes be presented on the Final Plan. 3) That all requirements of the Fire Department concerning hydrant improvements be met. 4) That a final erosion control plan be submitted at the time of Final Plan, addressing the interim and permanent measures associated with the development of the new street, driveways and home construction. Plan to include the use of terracing and rock walls on cut slopes and netting and re-vegetation on the fill slopes, with provisions for irrigation and maintenance. 5) That a final tree management plan be submitted at the time of Final Plan, addressing the removal of trees during street construction, driveway construction, and home building. All trees outside the street right-of-way and building envelopes shall he clearly marked on a map and on site for review and approval by the Staff Advisor and Tree Commission. Consideration shall be given to erosion control and wildfire potential. 6) That all new structures have non-combustible roofing material and comply with the wildfire land requirements of 18.62.090. Such requirements to be included in the CC&R's. 7) That all requirements of the Electric Department be met, including locating a transformer, if required. 8) That all easements for sewer, water, electric, and slopes be provided as required by the City of Ashland. 9) That a drainage plan be submitted for review and approval by the Public Works Department, specifically addressing the storm water drainage. 10) That a street plug be maintained along the north side of the new street where it abuts private property. 11) That no driveway exceed a slope of 20 percent or that stipulated by the building code, whichever is more restrictive. 12) That the finished street grade shall be consistent with the requirements of ALUO subsection 18.88.050(B). The Ashland Public Works Department shall PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 7 O examine the engineering construction plans for the project to determine that finished street grades are consistent with the cited standards. The grades will also be checked and certified by the department on the site following rough grading of the road. Costs incurred by the City to check street grades shall be paid by the applicant. 13) That the proposed street name be unique within the City of Ashland and not readily confused with another street existing within the City. Such proposed street name to be reviewed and approved by the Public Works Director prior to signature of the final survey plat of the subdivision by the City of Ashland. 14) That the applicant provide a Fire Prevention and Control Plan as outlined in 18.62.090 of the Physical and Environmental Constraints ordinance as part of the final plan application. 15) That residential sprinkler systems be installed in each of the 4 residential homes proposed for the subdivision. Systems to be reviewed at the timerof building permit issuance. 16) That the issues agreed to in the Settlement Agreement of October 5, 1993, attached and made a part of this decision, shall remain valid and a part of this approval as attached conditions. PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 8 SETTLEMENT AGREEMENT Planning .Action 90-057 October 5, 1993 The City of Ashland, Gary and Diane Seitz, John and Jean Sully, Carl and Rosalie Oates, Dennis and -Linda Friend, Roger and Linda Floyd, and Marcia Van Dyke have reached the following agreement: 1) A four (4) lot subdivision shall be developed as shown on the attached "Optional Plan" dated August 4, 1993, Sheet No. 1AX. The recorded final subdivision plat, and any deed to the respective lots, shall contain a restriction against further partitioning or subdividing of Lots 1, 2, 3 or 4, or any one or more of them. 2) A landscaped buffer zone will be created as shown on the attached "Optional Plan" and in addition along the South side of Diane ' s Hill Street from Granite Street and along the adjacent existing lot, with said buffer zones to be determified in coordination between the concerned parties. Existing trees within proximity of the property line shall be retained to the maximum extent feasible, and in agreement with the concerned parties . 3) The parties acknowledge and agree that the attached "Optional Plan" does not include a sidewalk on the proposed public street, and the City Planning. Department has agreed to pursue a variance for this, as part of the subdivision approval . Likewise, the Seitzes and the City shall cooperate in the installation of unobtrusive lighting, that meets City requirements for the lighting of public streets, while minimizing to the extent possible the negative visual impact and glare onto neighboring properties . 4) All fill resulting from the building of the road and cul- de-sac shall be placed at a slope between 1-1/2 : 1 and 2 : 1, with appropriate permanent vegetative erosion control . 5) The City agrees to hold a public forum regarding infrastructure of water, sewer, and repairing of Granite Street. The intent of this forum is educational rather than adversarial in nature. City Council and relevant department heads will be at this forum. 6) Builders of new homes in the subdivision shall provide residential sprinkler systems in each of the four new homes in accord with current fire department requirements, with systems to be reviewed at time of building permit issuance. 7) The upper area of the property in question, roughly 13 acres, will remain in the ownership of the Seitzes at the current time, and will not be transferred to the City of Ashland open space program as originally proposed. L� 8) The City of Ashland agrees to supply the water for the four lot subdivision by tapping into the 24 inch transmission line on Granite Street, subject to verification that the design will work by using a computer model . It is the City's intent to use the transmission line unless it is proven to be technically unfeasible. The Seitzes agree to pay for the costs of a computer model run by the City of Ashland of the proposed water system design. 9) All of the conditions of approval set forth in Ashland Planning Department Staff Report, Addendum IV, dated October 5, 1993, PA 90-057, are hereby incorporated and made a part of this agreement, except for items 10, 11 and 17 . 10) The parties agree that this, agreement meets their concerns and will not pursue further appeals, either at .the local level or at LUBA, so long as the terms and conditions of this agreement are met. . If further conflicts do arise in the future that the parties cannot solve by themselves, the parties agree to mediate before going through litigation channels. . rr The parties agree that the above terms represent the.-.mediated agreement. Dated this Sday of 1993 . GARY S TZ JOHN SULLY DIANE SEITZ JEAN SULLY CARL OATES DENNIS FRIEND ROS LIE OATES LINDA RI ND. MAR CIA VAN DYKE ROGER OYD HN Mc GH , City of IrI A FLOYD shland lar)n' ng Director 6s Contents'of Record for Ashland Planning Action 93-090 PLANNING ACTION 93-090 is a request for a Site Review for a proposed second story addition with balcony on Macaroni's Restaurant located at 58 East Main Street. Comprehensive Plan Designation: Commercial - Downtown; Zoning: C-1-D; Assessor's Map #: 9BC; Tax Lot: 1700. APPLICANT: Allan Sandler Mailed Notice of Council hearing 11/2/93 . . . . . . . . . . . . . . . . . . . . . . . . . 1 Minutes of Council Meeting Appealing Decision (9/21/93) . . . . . . . . . . . . . 3 Memo from Arnold and Winthrop to Council 9/21/93 . . . . . . . . . . . . . . . . . 4 Letter from Keith Chambers to Council 8/16/93 . . . . . . . . . . . . . . . . . . . . . 5 Findings of Approval 9/16/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Planning Commission Minutes 8/10/93 . . . . . . . . . . . . . . . . . . .. . . . . . . 12 Planning Department Staff Report 8/10/93 . . . . . . . . . . . . . . . . . . . . . . . . 15 Notice is hereby given that a PUBLIC HEARING on A copy of the application,all documents and evidence relied upon by the applicant the following request with respect to the ASHLAND andappliablecriteriaareavailableforinspectionatnocos tandwillbeprovidedat LAND USE ORDINANCE will be held before the reasonable cost, if requested. A copy of the staff report will be available for ASHLAND CITY COUNCIL on the 2nd DAY inspection seven days prior to the hearing and will be provided at reasonable cost. if requested. All materials are available at the Ashland Planning Department.City OF NOVEMBER, 1993 AT 7:30 P.M. at the Hall.20 East Main,Ashland,OR 97520. ASHLAND CIVIC CENTER, 1175 East Main During the Public Hearing.the Mayor shall allow testimony from the applicant and Street, Ashland, Oregon. those in attendance concerning this request The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. The ordinance criteria applicable to this application are on the reverse of this notice. Oregon law states that failure to raise an objection concerning this application, if you have any questions or comments concerning this requesC please feel free to either in person or by letter,or failure to provide sufficient specificity w afford the contact Susan Yates at the Ashland Planning Department,City Hall,at 488-5305. decision maker an opportunity to respond w the issue,precludes your right of appeal w 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. s3 \4 *4 ' a ': 7, .11900 "Y/► (� I T e 0 1800 Se�E rt ,, ., 110135M HIMIN .fo.9Y �a 16fb �j1 e I �?�l D 1300 �A, _ 1100' / /•� �— Il e•e / =ATION MOM Nate RR= / ^SS 1,60[Z SHAKESPEAREAN I ` 1000 f THEATER ,R� ' it a n I PLANNING ACTION 93-090 is a request for a Site Review for a proposed second story addition with balcony on Macaroni's Restaurant located at 58 East Main Street. Comprehensive Plan Designation: Commercial; Zoning: C-1-D; Assessor's Map #: 913C; Tax Lot:. 1700. APPLICANT: Allan Sandler I SITE REVIEW 18 72.050 Criteria for Approval. The following criteria shall be used to approve or deny a site plan: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review Chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991 ) ORDINANCES. RESOLUTIONS &CONTRACTS: 1. Second reading by title only of "AN ORDINANCE AMENDING CHAPTERS 2 .25 AND 13. 16 OF THE ASHLAND MUNICIPAL CODE TO UPDATE AND CLARIFY THE LANGUAGE IN THESE CHAPTERS TO REFLECT ACTUAL FUNCTIONS OF THE TREE COMMISSION AND TO ADOPT NEW TREE STANDARDS". Arnold moved to accept second reading. Winthrop seconded. Roll call all AYES. OTHER BUSINESS FROM COUNCIL MEMBERS Memo from Winthrop/Arnold regarding site review on Macaroni's Restaurant. Winthrop moved/Arnold seconded to place on agenda October 5. Voice vote all AYES. Arnold moved/Winthrop seconded to appeal PA 93-090. Roll call vote all AYES. Arnold presented CHAS document that will be reviewed publicly for 30 days prior to adoption. Public hearing will be setitfor October 19 . Arnold request letter from Mayor to Mayor and Council of Klamath Falls to aid in earthquake relief. Hauck reported that he has just received the information on domestic partnerships from Multnomah County and will present it to Council for their review soon. Winthrop suggested Brian do a self-evaluation and state hig goals for Council to use in their evaluation of him. Council suggested Brian could choose either type of evaluation. ADJOURNMENT Meeting was adjourned at 10: 20pm. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - September 21, 1993 - 4 September 20, 1993 TO: Mayor and Council FROM: Phil Arnold, Rob Winthrop SUBJ: PA 93-090: Site review /remodel of Macaroni's Ristorante (58 E. Main Street) PA93-090 concerns a remodel of Macaroni's restaurant in downtown Ashland, involving the construction of a second story and a balcony which would extend over the sidewalk on East Main Street. This site review was heard and approved by.thei6earings board; findings were approved on September 14. We are concerned with approval of a balcony extending over a public right-of-way, dedicated for a private use. To the best of our knowledge this sets a precedent for land use approvals, certainly in downtown Ashland. Before approving this or other such applications, we think that the Council should at least discuss how best to balance public and private benefit in the use of public rights-of-way. It might be useful to consider street-level use of the right-of-way as well, in particular the increasingly common use of public sidewalks for seating by downtown restaurants. For this reason we request that the Council appeal PA 93-030, hearing the matter after necessary notice is provided. cc: Paul Nolte John McLaughlin Y _ j August 16, 1993 715 Pennsylvania Ashland, OR 97520 The Mayor and City Council. Ashland City Hall 20 East Main Street Ashland, Oregon 97520 Re: Planning Action 93-090 Second Story with balcony, Macaroni's Restaurant, 58 East Main Dear Mayor and City Council, I write to draw your attention to a troubling aspect of the above planning-actiongthe proposed balcony overhanging the public sidewalk.. I urge you to give serious-attention to the concerns I raise below, and to reject the findings of the Planning Commission Review Board (which approved the action). I ask specifically that you refer the applicant's request back to the full Planning Commission, with instructions to consider the full impact of the balcony proposal. The problematic part of the addition to 58 Main Street is the applicant's effort to extend his building Ythe proposed balcony) six feet over public property, overhanging the public sidewalk. In my view, approval of this request would place the City in a very difficult situation, viz: a) A private property owner will have been given permission to.encroach on public space by extending the building envelope beyond its current boundary with the sidewalk. The sole justification is the property owner's stated need for additional floor space to make his rebuilding financially viable. . b) The balcony would encroach on the sidewalk, a public space, creating a sort of tunnel. Because the sidewalk at this location is particularly narrow anyway, the six foot extension would come to within approximately 18" of existing.street trees. Would these have to be lopped off on one side as they grow to prevent them overhanging Macaroni's balcony? The tunnel effect would mean that pedestrians would have no choice but to walk under a balcony filled with patrons of Macaroni's restaurant. A public hazard could result, should cups, saucers, beer glasses, cigarette butts, or other debris drop from the cantilevered balcony. . c) The balcony would create a massive structure protruding into public space. Drawings submitted with the application minimize this effect. Its effect on the streetscape would be negative. Since the balcony would be a permanent part of the new structure, it could not be . altered in future to minimize its effect without substantial cost. d) A pernicious precedent will be set, with the likely result that other commercial property owners similarly seeking additional square footage will petition for similar permission. Tunnel sidewalks everywhere, cups and saucers raining down? Not my cup of tea. In my view there is no compelling reason to grant this request, but many reasons to turn it down. I ask you to consider, by way of parallel, the likely response to a hypothetical request by me (or any residential property owner) to build a balcony or deck six feet out over my side lot line, or back over the rear alley. Is approval likely? What if I argued that I needed the additional square footage? Surely this would be denied. One might also argue, as the applicant has done, that there are many awnings on commercial properties downtown and some of these extend out six feet. Awning extensions provide a public amenity (shelter from sun and rain). They are not designed to increase the usable commercial square footage of the building but to increase its attractiveness; awnings, whether of cloth or other materials, are not a logical parallel. Furthermore, they are easily removable as times and trends change. I urge you to think carefully about this planning action and to refer it back to the full Planning Commission,for a redesign which avoids commercial encroachment on public property. Yours sincerely, I�—S• l Keith S. Chambers cc: Planning Commission Planning Director and Planning Staff ....................... ...... ......................, Illlllfllllllllllllllllllllllit 111111111111111111111111111111 IIIIIIIIIIII 1111111 II IIIIIIIIfIIIIIII1111111111111111111111Illlll, I� 1 lll��!jll19� II '�`• i tv4-� II ��IIIf1 1� �.. ��tl y �lil�ll'I!li Elf ��L�t, Gl:�llll!11:a�1!1: �11l�=LFIl. ;1 C h ll;ii:`1:L`. �I�. aal�ll!I:IIII:I:i:Baa.la� ... . Ill � � II I!III IWOLL6kiY :ITCCN]Y NNNi1NGlY9•INNIIO TIIfAIITiNN ILIIIIIYANI0.V IIImmbi-IlOIt IIIIAIilill:lilllill"I511111111iii111 �I': mll j—J n 1't 1 n"li`� 1 g i;. !ilhllllll"ITIiiIIIIG Iy!I��,I ;'�•;,L, ; LY;!,!�' ' m '1�I �I�I"II 11 'I�,.!�;IICII� ' I I I: I�� �Igir: II� `�Il',:�,u�ll:d lulu III„ L�IPu�l�l I nNlltl Ill 11 l it IIII�.I�II! I lall:,taHlI, IIIIII6►II,,II I;,,I,I�IInl�lhlll IIII� �W.�CLLUnrul7LUru.ilamrslYh9mc,hamriniOmn�In.18Nry'::4'4111I�ilinrn;almNl,Imll��iiF�{!ralipllllic�!iri!iiiiii�ijll hiliinlnlnlfnnnlllillnlnnCluln IIf!';I[rirllllll!illliilllliiii l�!!!Wlil!Iliilllililllll:!!4!:!hl!illllll;!:;uiilll!VIIIiIIiVI!111111!Illllil!i!ilfilillllUlill!lii!i!'.l'IIIIIII�II�II!I�I�II :� : Y � ► awl ., L• ; h 11: • 11 CITY OF ASHLAND 1 ,' CITY HALL ASHLAND,OREGON 97520 telephone(Code 503)4823211 September 16, 1993 RE: Planning Action # 93-090 Dear Allan Sandler: At its meeting of August 10, 1993, the Ashland Planning Commission approved your request for a Site Review for the property located at 58 East Main Street - Assessor's Map # 39 1 E 96C; Tax Lot(s) 1700. The Findings of Fact and the Commission's Orders, which were adopted St the September 14, 1993 meeting, are enclosed. . - Please note the following circled items: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of.preliminary approval; otherwise, approval becomes invalid. 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. All of the conditions imposed by the Planning Commission must be fully met l/ before an occupancy permit may be issued. 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. S' erel , ill Molnar Senior Planner BEFORE THE PLANNING COMMISSION August 10, 1993 IN THE MATTER OF PLANNING ACTION #93-090, REQUEST FOR ) SITE REVIEW APPROVAL FOR A SECOND STORY ADDITION WITH ) FINDINGS, BALCONY ON MACARONI'S RESTAURANT LOCATED AT 58 EAST ) CONCLUSIONS MAIN STREET. ) AND ORDERS APPLICANT: ALLAN SANDLER ) -------------------------------------------------------- RECITALS: 1) Tax lot 1700 of 391E 9BC' is located at 58 East Main Street and is zoned C-1-D; Downtown Commercial. 2) The applicant is requesting approval to construct a rsecond story addition with balcony atop Macaroni's restaurant. Site impfovements are outlined on the site plan and exterior elevations on- file at the Department of Community Development. 3) The criteria for Site Plan approval are found on Chapter 18 . 72 and are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of city facilities for water,. sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on August 10, 1993 , at which time testimony was received and exhibits were presented. The Planning Commission approved the application as subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, �data, and testimony will be used. Staff Exhibits lettered with an "S" 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. 2 .2 The Planning Commission finds that the proposal to construct a second story addition with balcony on Macaroni's Restaurant meets all applicable criteria for approval found in the Site Design and Use chapter 18 .72 . 2 . 3 The Planning Commission finds that the primary'orientation of the second story addition is towards Main Street and is accessed directly from the public sidewalk from the adjacent staircase in accordance with the City's Site Review Standards. The front elevation is found to have at least 20 percent of the wall area facing the street in windows and doorways. 2 .4 The Planning Commission finds that the incorporation of the balcony will provide protection to pedestrians from the sun and rain as required under Site Review standard II-C-2A(6) . Such a change in the facade serves to break up the generally "flat) streetscape. Further, the Commission believes the balcony will enliven the streetscape by providing street side activity in the form of an outdoor seating/.dining area. 2 . 5 The Planning Commission finds the addition to be compatible with architecture in the surrounding downtown and references the Ashland Historic Commission's recommendation for approval at their meeting on August 4, 1993. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to construct a second story addition with balcony on Macaroni's Restaurant is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #93-090. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #93-090 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 applicant obtain all necessary building permits prior to construction of the second floor and balcony addition. 3) That the building permit include rear elevations as viewed from the alley. 4) That the applicant enter into an agreement concerning development of the airspace over the right-of-way for the balcony. Such agreement to indicate that the applicant will be responsible for the removal of the balcony at his expense should the City ever need the use of the airspace area. Planning Comm' s1 n Approval Date I ' ' ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES AUGUST 10, 1993 CALL TO ORDER The meeting was called to order at 1:35 by Chairperson Barbara Jarvis. Other Commissioners present were Hal Cloer and Jim Hibbert. Staff present were Bill Molnar, John McLaughlin and Sonja Akerman. APPROVAL OF MINUTES AND FINDINGS Cloer moved and Hibbert seconded to approve the Minutes of the July 13, 1993 Hearings Board meeting. The motion was unanimously passed. With a motion by Hibbert and second by Cloer, it was the unanimous decision to also.approve_the Findings. - t TYPE 11 PLANNING ACTIONS PLANNING ACTION 93-090 IS A REQUEST FOR A SITE REVIEW FOR A PROPOSED SECOND:STORY ADDITION WITH BALCONY ON MACARONI'S RESTAURANT LOCATED AT 58 EAST MAIN STREET. APPLICANT: ALLAN SANDLER Cloer made a site visit and talked with the kitchen manager. He stated he would like to hear the objective of closing off a small window. Jarvis and Hibbert made site visits. STAFF REPORT McLaughlin said this is a request to place'a second story addition on 58 East Main Street, currently Macaroni's restaurant. The balcony will project over the sidewalk: Since it is in the downtown area, no parking is required. Staff approved this last month, and it was called up for a public hearing by Paul Nicholson of OSFA, and the attorney for Joan Boyden. The main concern is that the addition is compatible. In size, it matches up with the streetscape, as most buildings in the downtown area are two stories. Staff has recommended approval, subject to the four conditions in the Staff Report. All criteria applicable to a Site Review have been met. Cloer questioned if engineering details were part of the application. McLaughlin said the preliminary work has been completed. He added seismic retrofitting has also been addressed. PUBLIC HEARING ALLAN SANDLER, 1260 Prospect Street, said he did a lot of preliminary work before anything was turned in. He has talked with Paul Nicholson, whose concern was the rear elevation. The Historic Commission was also concerned with this and requested rear elevations. Sandler said he has assured OSFA they would be consulted for the final plan. He also said he wants to make sure everyone is happy. Joan Boyden, he explained, has been questioning the encroachment on her building, however, prior to applying, he went to court and won a judgment for the use of the stairway. The existing patio will basically remain as it is, however, it will be enlarged. It will enhance, rather than detract. Sandler then clarified the rear elevation that was submitted. KEVIN HEIDRICK, 521/2 East Main Street #2, said he would like clarification. He lives in an apartment next to Macaroni's in the Boyden building and uses the stairway for access. He has worked for Mrs. Boyden in the building as a contractor and has had occasion to replace flooring, etc. He is very concerned about the stairway and subsequent demolition that may occur. Heidrick also commented about the kvindow in the hallway. When the lights went out last week, he said it was like a cavern. If the light from the window were to be removed, it would be very dark. He said he knows the condition of the brick in the exterior wall and feels it would be a powdery mess if one brick were to be removed. He declared he is also interested in the access they have and wondered if they would still have access from the front stairway. Jarvis said that according to the judgment, both parties will be able to use it. Heidrick then said it seems to compromise security the apartment tenants now have. The door is locked at night, so it will affect the seven apartments if traffic is coming and going. Also, they won't be able to hang their bikes on the wall anymore. He wanted to know their rights as renters. Jarvis maintained the courts have made that decision already. LARRY WORKMAN, 39 South Central Avenue - Medford (partner of Robert Bluth who represents Joan Boyden), said Ms. Boyden's chief objection is that the proposal is contrary to a recorded deed restriction of 1940. It said anything constructed on that floor shall not close or obstruct the light. Her second concern is that it would require the modification of the stairway use. Changes will be necessary when it is brought to code, which will require raising of ceiling, etc. She does not want any obligation to pay for the upgrading. Jarvis proclaimed he direct objections to the criteria, as his objections seem to be out of purview. Workman said he understands that, however, Boyden wants it to be clear to the Planning Commission she has objections. MARK DEW, registered engineer with Marquess & Associates, 1120 East Jackson Street in Medford, said he had been retained by Joan Boyden to look at the stairway in terms of the Uniform Building Code (UBC). He said he was here to point out the facts. He submitted his engineer report as Exhibit 0-1. One of Boyden's concerns was the head clearance, of which the UBC requires 80". The existing head clearance is only 74". In his opinion, the 2 x 16 floor joist cannot be altered or it would weaken the entire floor. Dew clarified which joist when questioned by Hibbert and stated it ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES AUGUST 10, 1993 `� 2 would compromise the integrity of the floor joist. He said he has already talked with Building Inspector John Great and George Bernloehr, plans examiner in Salem. The stairs are non-compliant, as they do not have adequate landing. In order to bring them up to code, it would not leave adequate entrance to the apartments. Dew then referred to the judgment and said it does not say there would be half ownership. The stairway is owned by Boyden and Sandler has the right to use them. He then read from the deed mentioned earlier and questioned Staff about solar access. McLaughlin clarified solar access would not apply downtown. Dew then spoke about the space used above and below the stairway by the apartment dwellers. The usage will be affected if the stairway is altered. Jarvis questioned the legality of the stairs now. Dew said they were legal when constructed. When remodeled, the State requires they will have to brought into compliance. In his opinion, it would be impossible for bring them up to code. McLaughlin explained the deed restriction is a private dispute between the two property owners. Who would pay for the repairs is also disputed. If Sandler cannot obtain a building permit because of building code and deed restrictions, Plariping Commission approval would be void. REBUTTAL Sandler stated he will have his own structure and it will not be built on Boyden's property. Everything will be engineered. The apartments will still have access and he will have equal responsibility because of liability, insurance purposes, etc. The stairway is not to code now. The building inspector felt there might be a way to make the stairway legitimate. They will insist it is to code. The second story will leave more than enough light. Also, he said they are willing to pay for another hallway built around the parapet with doorways leading to the apartments so they can be locked. Architect DAVE RICHARDSON, 1105 Siskiyou Boulevard, related there is a lot of work to be done yet. They are taking it a step at a time. The window situation, which will stay back five feet from the addition, will have added glass blocks. Also, they are trying to maintain the five foot one-hour setback. COMMISSIONERS' DISCUSSION AND MOTION Hibbert said he was on the border regarding sharing the use of the stairway with the tenants, however, since Sandler addressed that and he will be working with the owner, he feels it should be alright. Cloer agreed and stated all the criteria have been met. Hibbert moved and Cloer seconded to approve this action. The motion passed unanimously. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES AUGUST to, 1993 3 ASHLAND PLANNING DEPARTMENT STAFF REPORT August 10, 1993 PLANNING ACTION: 93-090 APPLICANT: Allan Sandler LOCATION: 58 East Main Street ZONE DESIGNATION: C-1-D COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial ORDINANCE REFERENCE: 18.72 Site Review REQUEST: Site Review for a proposed second story addition with balcony to Macaroni's Restaurant. I. . Relevant Facts 1) Background - History of Application: There are no previous planning actions of record for this parcel. 2) Detailed Description of the Site and Proposal: The site is a small, triangular shaped parcel of land in Ashland's downtown. The lot is essentially fully developed with a building and outdoor seating area covering 100% of the property. The main entrance to the restaurant is from East Main Street, while there is a secondary pedestrian access from a rear alley near the Bowmer Theatre. There is currently an outdoor seating area adjacent to this rear alley. The applicant is proposing to construct a second story addition to the restaurant on the front portion of the building, nearer to East Main Street. In addition to the second story expansion, and outdoor eating area on a balcony over the sidewalk on the East Main frontage is also proposed. Access is available from the East Main entrance to the restaurant, as well as from the alley to the rear. Additionally, there is a direct exit from the second story addition to the neighboring building stairwell. � 5 II. Proiect Impact The project is located in the Downtown Commercial district. Retail/restaurant/office uses have no off-street parking requirements. Therefore, the additional space being created does not generate the need for additional parking on site. Further, the site is fully covered by existing structure and outdoor seating, therefore leaving no space for landscaping.. The applicant has provided some outdoor plantings in pots, however. The application intensifies the use of this property in the downtown, by adding a second story. This type of density increase is encouraged by the City, resulting in a more compact commercial area, and increased use of our most highly used commercial area. The second story balcony serves as both an outdoor seating area, and as an "awning" for protection along the sidewalk. Such a change in the facade of the building breaks up the generally "flat" streetscape with this protrusion. Further, it helps enliven the streetscape by providing an outdoor seating area along East Main Street, albeit on the second floor. The design of the second floor addition complements the historic nature of the downtown, without fully imitating a "historic" building. The second story height also helps with the "sense of enclosure" of our commercial downtown area. Overall, the use is a permitted one in the downtown area, not requiring additional parking or landscaping. The design of the structure is considerate of the historic heritage of the downtown area, while not being imitative. The outdoor seating provided enlivens the overall downtown environment, and provides a weather protection for the public sidewalk. III. Procedural - Required Burden of Proof The criteria for approval of a Site Review are as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. PA93-090 Ashland Planning Department -- Staff Report Allan Sandier August 10, 1993 Page 2 D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations Staff recommends approval with the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the applicant obtain all necessary building permits prior to construction of the second floor and balcony addition. 3) That the building permit include rear elevations as viewed from the alley. 4) That the applicant enter into an agreement concerning development of the airspace over the right-of-way for the balcony. Such agreement to indicate that the applicant will be responsible for the removal of the balcony at his expense should the City ever need the use of the airspace area. PA93-090 Ashland Planning Department -- Staff Report Allan Sandler August 10, 1993 Page 3 / 7 OF ASN o em V L annum O4E00�, ' October 22, 1993 Brian Almquist, City Administrator ram: Steven Hall, Public Works Director �-- pII�IjEC#= Oregon Transportation Commission ACTION REQUESTED City Council decide if they wish to send a letter in support of Councilor Mel Winkelman of Medford for an appointment to the Oregon Transportation Commission. BACKGROUND Cynthia Ford has been a commissioner on the Oregon Transportation Commission and lived in Ashland. She currently resides in Portland and does not represent our are*'directly. The chairman of the OTC,Mike Holleran (Bend)is resigning leaving John Witty(Coos Bay)and Susan Brody (Eugene) as the closest representatives to the Ashland/Medford area. In order to keep a presence on the OTC, I believe it is important to promote someone firm the area who has been active in and understands the specifics of transportation in our area. I have attached a sample letter for your consideration. encl: Draft letter D - R - A - F - T Ms. Carole Morse Appointment Secretary Governor's Office Capital Building, Room 160 Salem, Oregon 97310-3111 Re: Oregon Transportation Commission Dear Ms. Morse: The City of Ashland wishes to express our support for the appointment of Mel Winkleman to the Oregon Transportation Commission. Mr. Winkelman has been very active in transportation issues in the Ashland/Medford area and would provide a voice for Southern Oregon. Mr. Winkelman was involved in the formation of the local Transportation Advocacy Committee (TRADCO) which is a group of local citizens representing Jackson and Josephine Counties and the cities within the two counties. The purpose of TRADCO is to provide for concensus on regional transportation issues and to work with the Oregon Department of Transportation and Oregon Transportation Commission to promote Southern Oregon's transportation needs. Cynthia Ford has been the advocate for Southern Oregon as a commissioner with the Oregon Transportation Commission, but, with her move to Portland, we have no direct representation on transportation issues at the state level. The City Council and I urge you to appoint Mr. Winkelman to the Oregon Transportation Commission. He will be an asset to the state and our region with his keen interest, curiosity and knowlege of transportation issues. Sincerely yours, Catherine M. Golden Mayor, City of Ashland cc: Councilor Mel Winkelman, City of Medford Gary Schaff, Transportation Planner, RVCOG Transportation Advocacy Committee Jackson-Josephine Transportation Committee DRESCHER & ARNOLD TEL:503-482-4941 Oct 28 .93 15 : 17 No .003 P .02 MEMO TO: City Council, Mayor, and Administrator FROM: G. Philip Arnold SUBJECT: Electronic Mail (E- il) The use of E-Mail has developed without guidelines and it seems to me appropriate that we set some. I assume all of us can agree that E-Mail cannot be used to deliberate, because it is not a public forum. I have read of some City getting into trouble with its E-mail, and having been ordered by a court to save it so that citizens can review what is going on. We started using E-Mail as a way to increase communication ' among us and to avoid having to make 6 or more phone calls in order to share an idea. However, we have begun to use it to schedule or reschedule meetings and, in at least one case, we did bordered on deliberation and decision making. what In my view E-Mail ought to be totally available to the public. We ought to publish phone numbers which would allow citizen computers access to the E-Mail to see what types of ideas we are sharing with each other. We ought to provide public terminals, at least at City Hall and at the Civic Center so that people could have access to E-Mail. However, I understand that this type of public access is problematical in that somehow some club or person could access some record that should not be accessed. I am not sure what records we have that could be accessed in that way and certainly I don't know how to do Absent public access to the E-mail it seems to me that we cannot use it to schedule meetings because our meetings are public and the scheduling has to be done in the publicly announced way. Scheduling includes resheduling. Secondly, we can 't deliberate towards a decision. In my view we ought not deliberate at all, since any deliberation is likely to move us toward a decision. ' It seems to me that we can only say, *Here' s an idea, " and share it with other people, and that _responses to that idea cannot be made on E-Mail so long as E-Mail. is a closed, rather than open forum. For example, if I say here is an idea which I have and the majority of you respond on E-Mail that you think its a wacky one, that would stop the discussion and the issue might well deserve a public rather than such a private airing. DRESCHER & ARNOLD TEL :503-482-4941 Oct 28 .93 15 : 18 No .003 P .03_n MEMO Page 2 As a way to start us thinking about this, T suggest that we set 46 a guideline that no scheduling or rescheduling can be done be E-Mail, alonet That is E-Mail may also be used, but any scheduling of meetings moat be done by written public notice that is properly circulated. No deliberation can go on in.E-Mail. Any idea that somebody wants to share with somebody else should simply be accepted, and then anyone would have the opportunity to bring it up in a public format, whether by. setting it -on the agenda beforehand or bringing it up on the agenda at the appropriate time. I don't whether it is possible, but additionally we might agree that E-Mail would be printed .out in the hard co available to newspapers and g weekly or biweekly basis, all of the citizens at 1 arge onda doing wrong lanything suggest by this memo that I have seen us just need to think bout it anythin do m such from public error. We eore cc. Phil Lind o