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HomeMy WebLinkAbout1993-1207 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 Rem under discussion, the number of people who wish to hord. and the len th of the acienda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 7, 1993 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL III. -_ APPROVAL OF MINUTES: Adjourned Meeting of November 30, 1993. IV. SPECIAL PRESENTATIONS AND AWARDS: 1. Presentation of Annual Audit Report by Don R. Doerr, Coopers & Lybrand, independent auditors. 2. Proclamation of December, 1993 as "National Drunk and Drugged Driving Presentation Month". 3. Proclamation of December 6-10 as "DECA Student Recycling Awareness Week". � r V. CONSENT AGENDA: / 1. Minutes of Boards, Commissions and Committees. 2. Departmental Reports - November; 1993. 3. City Administrator's Monthly Report - November, 1993. 4. Quarterly Financial Report by Director-of Finance. 5. Acceptance of Annual Audit Report by Coopers & Lybrand, independent auditors. VI. PUBLIC HEARINGS: (Must conclude by 9:30 p.m.) 1. Proposed formation of a Local Improvement District to provide for sanitary sewers on Strawberry Lane from Ditchline Road 1350 feet westerly. 2. Planning Action No. 93-122 final plan approval of a 24-lot subdivision on property located at 604 and 606 Oak Street. (Larry Medinger, applicant.) VII. UNFINISHED BUSINESS: '-, 1. Adoption of findings on Planning Action No. 90-057 (Seitz). 2. Request by Allan Sandler to project 4 feet into City right-of-way for restaurant expansion at 58 E. Main Street. VIII. NEW AND MISCELLANEOUS BUSINESS: 1. Water and Sewer Rate Study report and recommendation by Hilton, Farnkopf, and Hobson. 2. Letter of Resignation from City Recorder Nan E. Franklin, effective December 31, 1993. 3. Letter from Rogue Valley Community Development Corporation requesting letter of committment for approximately $200,000 for proposed 10-unit affordable housing project and hiring staff. 4. Presentation by Director of Planning of Periodic Review Work Program for Comprehensive Plan update as required by LCDC. IX. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). X. ORDINANCES. RESOLUTIONS AND CONTRACTS: 1. / First reading by title only of "An Ordinance Amending Ordinance No. 2693 by Repealing All Assessments for the Railroad Park except for the Assessment of Lot 10 of the Railroad Village Subdivision Owned by the City of Ashland." 2.'� Reading by title only of "A Resolution Declaring the Canvass of the Vote of the Election held in and for the City of Ashland, Oregon, on November 9, 1993." 3. Reading by title only of "A Resolution Setting Water Rates Effective January 1, 1994." 4. — Reading by title only of "A Resolution Setting Sewer Rates Effective April 1, 1994." XI. OTHER BUSINESS FROM COUNCIL MEMBERS MI. ADJOURNMENT MINUTES FOR THE ADJOURNED MEETING ASHLAND CITY COUNCIL November 30, 1993 CALLED TO ORDER Meeting was called to order at 7:32 p.m. in the Civic Center Council Chambers by Acting Mayor Pat Acklin. ROLL CALL All Councilors were present. Mayor Catherine Golden absent. APPROVAL OF MINUTES Minutes of the Regular Meeting of November 16, 1993 were accepted as mailed. PUBLIC HEARING 1. Appeal by the City Council of Planning Action No. 93-127 a site review approved by the Planning Commission for a proposed building to house the Planning and Public Works (Engineering Division) Departments. Laws/Acklin m/s to place on agenda a resolution that if passed will make appeal hearing unnecessary. Motion passed. Nolte read resolution. Laws/Hauck m/s to amend resolution with suggested change in Section 3. Motion withdrawn. Laws/Winthrop m/s to adopt resolution as amended. Rick Vezie, Our Town Committee, spoke to support resolution. Advised Council Committee wants to be a part of the solution. Ron Roth, 6950 Old Hwy 99 S. , also endorsed the resolution. Hauck moved to strike Section 3 of the resolution. No second on motion. Roll call vote on Laws motion to adopt resolution as amended. Laws, Reid, Hauck, Winthrop YES; Acklin, Arnold NO. Public hearing was closed. ORDINANCE, RESOLUTION & CONTRACTS Second reading by title only of an ordinance amending Ordinance No. 2724 relative to the creation of an intergovernmental entity known as the Oregon Municipal Energy and Conservation Agency. Hauck/Laws m/s approval. Motion passed. ADJOURNMENT Meeting was adjourned at 8:15p.m. Nan E. Franklin, City Recorder Catherine M. Golden, Mayor (r.Mmwm\1130-93anW NA77ONAL DRUNK AND DRUGGED DRIVING (3D) PREVEN77ON MON771 1993 WHEREAS, DRIVERS AND PEDESTRIANS IMPAIRED BY ALCOHOL AND OTHER DRUGS ACCOUNT FOR NEARLY 17,700 HIGHWAY DEATHS ANNUALLY; AND WHEREAS, MOTOR VEHICLE CRASHES ARE THE NUMBER ONE CAUSE OF DEATH FOR CHILDREN, ADOLESCENTS, AND YOUNG ADULTS IN THE UNITED STATES; AND WHEREAS, ALCOHOL IS INVOLVED IN NEARLY HALF OF ALL TRAFFIC FATALITIES; AND WHEREAS, INJURY AND PROPERTY DAMAGE RESULTING FROM IMPAIRED wIA DRIVING CAUSE PHYSICAL, EMOTIONAL, AND ECONOMIC HARDSHIP FOR HUNDREDS OF THOUSANDS OF ADULTS AND YOUNG PEOPLE; AND WHEREAS, A DECADE OF INTENSE PUBLIC EDUCATION EFFORT HAS PROVED THAT ALCOHOL-RELATED HIGHWAY CRASHES ARE NOT ACCIDENTS AND CAN BE PREVENTED; AND l ii WHEREAS, COMPREHENSIVE COMMUNITY-BASED STRATEGIES To FURTHER ... ....... REDUCE AND PREVENT IMPAIRED DRIVING TRAGEDIES ARE KNOWN; AND WHEREAS, IF WE TAKE A STAND NOW WE CAN PREVENT IMPAIRED DRIVING; NOW, THEREFORE, 1, CATHERINE M. GOLDEN, DO HEREBY PROCLAIM DECEMBER, 1993 is NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION lip,'" IbRv MONTH IN ASHLAND. As THE MAYOR, I ALSO CALL UPON ALL CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES, HOSPITALS AND SCHOOLS IN ASHLAND TO PROMOTE AWARENESS OF CAUSES OF DRIVER WAMAENT, EXISTING AND PROPOSED LAWS INTENDED TO FURTHER REDUCE AND PREVENT IMPAIRED DRIVING, AND OPPORTUNITIES TO ESTABLISH SAFER AND HEALTHIER NORMS REGARDING THE USE OF ALCOHOL AND OTHER DRUGS FOR ALL CITIZENS, PARTICULARLY YOUNG PEOPLE. DATED THIS 7TH DAY OF DECEMBER, 1993. CATHERINE M. GOLDEN, MAYOR NAN E. FRANKLIN, CITY RECORDER In' a41 ......... PROCLAMATION *I 01M. WHEREAS, students in DECA at Ashland High School are promoting student awareness of recycling efforts being done at the high school, in their homes, and in their community to encourage the practices of good waste reduction and recycling habits everyday -- by buying wisely, reusing items, separating recyclables, and returning bottles and cans to the store; and WHEREAS, DECA students realize that their peers will be responsible for meeting 7.71 N the solid waste challenges of the future and preserving our natural I;o P resources and quality of life; and Vie,' i -P. N) WHEREAS, DECA students have prepared a week-long program to focus on M recycling efforts at the high school with guest speakers, displays and a recycling awareness contest ......E 'Z.F NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim December 6 through 10, 1993 as: DECA Student Recycling Awareness Week at Ashland High School and encourage each student to practice the waste reduction and recycling activities that are so vital to our area's figure, its natural resources, and its quality of life. Dated this 7th dav of December, 1993. 4n; Catherine M. Golden, Mayor P 45 Nan E. Franklin, City Recorder n.! 11 P zwgals—\�� r �O A_ Vd.�"M V, December 3 , 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 - November 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. Met with City Attorney, Dick Wandersheid and Mac regarding amendments and policy on affordable housing agreements, particularly the "sleeping second" provisions. 2 . Met with Finance Director and Cemetery Supt. regarding improvements to Mt.View mausoleum proposed by prospective donor. 3 . Met with representatives of Clear Springs Resort at their request, to hear of their proposed timetable for construction. 4 . Met with Allan Sandler and City Attorney in an attempt to work out disagreements on encroachment permit for Macaroni's restaurant. 5. Met with SOSC President Cox regarding status of Cable Access and funding of PEG access fee by TCI. 6. Met on two occasions with City Attorney, Ken Mickelson and Jill Turner regarding Billings Golf Course lease. 7. Attended 4-day annual League of Oregon cities conference in Eugene. 8. Attended luncheon with our financial consultants PFM, together with Ken Mickelson and Jill Turner regarding bonding requirements for sewage plant upgrade. and golf course. 1 9. Attended study session with Council, Park Commission and PFM representatives to discuss bonding options and requirements. 10. Attended monthly meeting of Cable Access Commission. 11. Met on two occasions with John Farncoff, consultant on . water and sewer cost-of-service study to review rate proposals for draft report to be presented at Council study session. 12 . Met with Val Bubb, accountant for Mt.Ashland Ski Association regarding year-end statistics and an update on maintenance of reserves for closure. 13. Was interviewed BPA's Perry Gruber of "BPA Circuits" magazine for an upcoming feature article on Ashland"s electric utility. 14. Met with representatives of Festival of Lights Committee regarding City participation in setting up shelter for performances through New Years on the Plaza. 15. Attended dedication ceremony at Garfield Park. 16. Attended annual Ashland Community Hospital Foundation dinner at Ashland Hills Inn. 17. Attended meeting at SOSC to hear presentation by Sue Buske, a cable communications consultant regarding status of the Cable Act. Was able to get some good ideas on how to deal with TCI on PEG fee problem. 18. Met on two occasions with committee working with consultant on water and sewer cost-of-service study. 19. Met with Ken Mickelson on two occasions to meet with property owners on N.Mountain Avenue regarding the possible purchase of their property for park purposes. 20. Appeared on monthly Town Hall program with Mayor Golden and Councillor Hauck. 21. Met with Roger Ledbetter at his request to hear of the availability of his building at Third and E. Main for City offices. 2.2. Met KSYS manager Bill Campbell regarding their role in cable access programming and possible funding of a countywide system. 2 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 . A minor land partition application will be heard during December. 2. Downtown Project. Completed. 3 . Northwest Water Project. Construction on the reservoir on Hitt Road is complete. The only remaining items are the perimeter fencing and guardrail. 4. Open Space Program. As you all well know, the repeal election was unsuccessful. Ken and I are proceeding with initial negotiations on several parcels on the Open Space Plan and I will keep you advised on our progress 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. 9. Capital Improvement Plan. The draft plan was reviewed in study session in January. Copies have been placed in all the libraries. In light of the Ad Hoc committee work on the building addition, it would perhaps be better to wait on a public hearing on the plan until February or March. 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. The Council at its November 30 meeting voted to postpone the project pending the completion of a review by an Ad Hoc committee to be appointed by the Mayor. 3 III. STATUS OF COUNCIL GOALS: 1. Amend the Fair Housing Ordinance. Completed on May 18 . 2 . Modify all municipal buildings to make them fullv handicapped accessible. Study of all facilities has been completed by the consultant and should be ready to present to Council on December 21. Daryl Ackerman of the Oregon Disabilities commission should be with us at that time to present the report. 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 after the first of the year. 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. The rate recommendations to be presented on December 7 actually reduce rates for our lowest income citizens. 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. B air L. Almqu t City Administr for BA:ba 4 CITY OF A S H L A N D CITY HALL Na ASHLAND, OREGON 97520 telephone (Code 503) 482-3211 0 TO: Ho OIL) Mayor and City Council FROM: a Al Williams , Director of Electric Utilities SUBJECT: . Electric Department Activities for OCTOBER 1993 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR OCTOBER 1993 . INSTALLED 8 NEW UNDERGROUND SERVICES AND 1 NEW OVERHEAD SERVICE. INSTALLED 1110 FEET OF CONDUIT AND 6210 FEET OF CONDUCTOR. 7 NEW TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 975 KVA AND 1 WAS REMOVED FOR A NET GAIN OF 925 KVA ON THE SYSTEM. RESPONDED TO 84 REQUESTS FOR CABLE LOCATES . HAD 257 CONNECT ORDERS AND 149 DISCONNECTS FOR A TOTAL OF 406 . THERE WERE 422 DELINQUENT ACCOUNT NOTICES WORKED AND 59 DELINQUENT ACCOUNTS WERE DISCONNECTED. 16 STREET LIGHTS WERE REPAIRED IN THE SYSTEM. 3 STREET LIGHTS WERE INSTALLED AND METERED. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING . MONTHLY EMF READINGS WERE TAKEN. P �jCFAS If, o �J,�` Qasl•� rN � � Nm _ GREGO November 10, 1993 Mayor and City Council �r rom: Steven M. Hall, Director of Public Works , p�u�jEtt: Monthly Reports Enclosed are the monthly reports for the Public Works department for the month of October 1993 . SMH:=U'WW0RYr.m= Enclosures r ENGINEERING DIVISION MONTHLY REPORT FOR: OCTOBER 1993 1. Issued 23 Street Excavation Permits. 2. Issued 6 miscellaneous construction permits. 3. Issued 4 address change or assignment forms. 4. Responded to 6 Certificate of Occupancy reviews. 5. Completed 5 pre-applications for planning actions. 6. Completed 6 "One-Stop" permit forms. 7. Performed field and office checks on 4 partition plats. 8. Performed the following work on the Scenic Drive - Church St. intersection revision: a. discussed purchase with owner, b. researched deed and right-of-way records, C. prepared description of parcels to be acquired, and d. marked proposed boundaries on site. 9. Met with land owners concerning the proposed relocation of an easement across airport property. 10. Prepared report to Council on termination of a storm drain easement of Walker Avenue. 11. Prepared report to Council regarding a revision of easements on the Ashland Community Food Store. 12. Inspected contract paving of First Street. 13. Operated traffic counters at several locations. 14. Prepared petition and information packet for the proposed vacation of an alley off Scenic Drive. 15. Prepared petition and estimate for.the proposed improvement of Walnut Street. 16. Prepared estimate and petition for the proposed improvement of Ann and Clinton Streets. 17. Performed the following work at the E. Main Street/Mountain Avenue intersection: IHO:rs\sinffrpt.mt sufman.mer Engineering Division Monthly Report for October 1993 Page 2 a. re-set stakes and computed grades for curb returns, and b. inspected work performed by contractor. 18. Continued digitizing tax lot maps into.the computer. 19. Performed the following work on the Mountain Avenue Sewer L.I.D.: a. reviewed easements, b. prepared easement documents, and C. completed bid and contract documents for D.E.Q. review. 20. Inspected work performed by contractors on E. Main Street at the museum site. 21. Prepared an easement to be acquired along E. Main Street for installation of a telephone vault. 22. Inspected contract work performed on the Terrace Pines Subdivision. 23. Performed the following work on the Clear Creek Subdivision Improvement Project: a. inspected work performed by contractors, and b. processed progress payment no. 3. 24. Submitted documentation on the Tolman Creek Signal Project to O.S.H.D. 25. Continued design and plan preparation for the Railroad Village Subdivision Improvement Project. 26., Performed the following work on the Oak Street L.I.D.: a. completed topo survey of area, b. began preparation of project plans, C. computed grades for curbs, and d. prepared report to Council. 27. Performed the following work on the N.W. Area Pump Station & Reservoir Project: a. inspected work by contractor, b. review proposed change order nos. 4 & 5, and C. prepared progress payment no. 6 1HOaakmaffWLwt SL�finrntl.mer WATER QUALITY MONTHLY REPORT OCTOBER, 1993 Water: Repaired 1 leaks in City owned water mains. Repaired 2 leaks in customer service and/or meter. Replaced 2 broken stops on water meter services. Changed out 13 water meters. Changed out 2 broken customer curb stops. Installed 4 new water meters with handvalves. Installed 3 customer hand valves. Replaced 1 fire hydrant. Installed 11 1" water services. Chlorinated and flushed water mains at new South Valley Business Park, 3 times, due to contractor error. Tied main in and put it into service. Poured sidewalks at Granite St. and at Church Street. Relocated water service hit by contractor at Tolman Creek Road. Repaired water service hit by contractor at Fordyce. Set new handicap fountain at Liberty and Siskiyou. Replaced Lithia line across 5th Street at East Main due to paving. Tied in 6" water main at Nutley and Alnutt to new 24" main. Chlorinated new 10" water main. from new pump station to new reservoir. Chlorinated the reservoir, turned on new pumps, and filled reservoir. Sewer: Made repairs to 6 sewer lines.. Responded to 4 service calls. Rodded 5902' of City sewer mains using 14 , 000 gallons of water. Rodded 11, 978' of city sewer mains using the mechanical rodder. TV'ed 163 ' of City sewer mains. Foamed 1920' of City sewer mains. Miscellaneous: There were 99 requests for utility locate calls. There was 94 . 83 million gallons of water treated at the Water Treatment ,Plant and 50. 86 million gallons of water treated at the Waste Water Treatment Plant. Used 15 yards of 314" minus rock at various jobsites. ' 11,�, City of Ashland 2 Street Division ---5_17 _fjtilesand collected -13 loads of debris. ApproX . 252 yards. : Responded_to 99 Utility location reqUe5tS. jL 1. Grad d several streets and alleys. :41 Pre-patched and prepared MOUntain Ave. - from E. Main to the R/R tracks for re-surfacir-1g . Pre-patched and prepared 5th Street from E . Main thrOUg h P. St Feet f-0 r I Began loca.ting valves and marj:iules coverect over dur in --sur lacing to .,be raised 2 1 Patched areas at the Re-Cycic Center and Under the covered parking -vice Center-. uri Carol , Clinton , Lower Strawberry and an G,-andview at '­er.1c . j-,upu to un-used tack co;_-IL con these large area at Fire Station #1 and sand-sealed the patch. Began raising valves and manholes in coniunction with 'O'U r r.e-SL.tr*f ac ing 3,1 lons of CSS-1 tack-coat fur r­C:-1.;Ur­ facing 11 Re-sur-facpd Mountain Ave. ftom E. Ma�r) tut the R/R tracks: 272. 1.7 tons. ar 260.37, tons . 41 Cleaned cat, all UtilitieZ:,, installed 160 feet of. 12 in . corr-LIqated and installed 2 catch basins. Constructed a �:;tcnnger larger berm for botter 45ji erosion control . 50 Installed 7 "NO PARKING" signs on E. Pebble Beach. Straightened no parking sign post ,on Y.M.C.A. Way. 5- Removed tho street sign and post for Y.M.C'A. Way/Ashland St. hy the 54 Bus stop and installed the street sign on i�he stup sign �osi at th, 1"1;? Replaced 5 faded "NO PARKING" signs on Oak Knoll Dr. . Knoll Dr. at Hiway "66" . Painted anl " Island` , renter \ines, arrows` - ' and yellow curb for new traffic control due to removing the original, 2 concrete island prior to re-• ufacing Oak Knoll. Dr. . . 3 _--Instal led-nONE _WAYV. and _"NO PARKlNG2-migns,-painTed arrows. -and- painted yellow •curb on 1•_: t. Street from "A" to "n" Streets. Made : -DRUGS AND ALCOHOL KILL- signs to be placed on a wrecked tar W-Lic-LIM-Wr eL_Ler 7 Replaced the stop sign at 8th and E. Main . 1 . Removed 3 posts from Siskiyou Blvd . not in use any longer. 9 .. _ talled .1 REDUCED-SPEED. AHEAD!!._._.on_. a i n-at Sheri d an............ 10 11 M I SC 12 P i I w :'! Pushed up asphalt at our re-cycle yard on Glenview Dr. . 4� Raised a Sprint manhole on Mountain Ave. below E. Main prior to re-5 lei Cleaned up a concrete spill on upper Iowa., 71 cleaned up Re-Cycle Center and prepared same for seal-coating . fe up a Wrecked car from Dickjs Vrenkyc Serylce b OFI�jrzd- . - _jo_ - M- V- RIBBON WEEK. " This car was moved to several different locations during q�n A" the week . "Yi,C LEE Cut-blackberries.,Acimmed trees-and -brusb-and-buijt-up-shoulder15..-V.4ith 2Z granits and small shale ruck from the old dairy to Bear Creek..' . Hauled off tree stump, backfilled behind new sidewalk and cleaned u-" 24 --f­ ir0_0Caa_nWt:aaa_±V0!_0aSrn- 25 ed up facilities and equipment on. weeklyVasis. ,ftw' . ,, Clean 2 N�,,.,; Helped in shop if needed . 406ml H_.monthly saf 2 31k 32 33 351 36 371 3 e r 3 1 40 AV 421 431l AA! 451 46 471 48 49 51 is -- - -------- 52 53 54 ------------ 55 56 7 I 2 3 4 5 ! e � City of Ashland 9 ," Fleet Maintenance octo__ber 140 Feport .. IOi IIII 12i nn:?r j 1 1 lun��leLt i work on III sgcwi'; �d rw 1u various WPM of City. .. __.._.._._ --- _. . ..._. .__ _.. -- --------- ---...._ - _.-_ 13�;; equipment and vehicles . ----- 14 15 1e, With t�,r: rlew numbering - -.te«. in effect, wort. orders will. n l.onycr be 1z� report .d on an indi.vidnAl department - oivision basis. 19! 191 . r 20i The emergency generators at City Hall and the Civic Center were .manually 2d . tested on a weekly basis. .__. 22 23 241 I and ii =erthficatce._ issued for the month: MA 26 c 'City of Ashland : 23 zv ........ .. ... . . 29� . 301 36 32' 33t 34! __... 35! 36 37!- ..._ 3815 39!. 401 411 42) �43 il 01 145: 46� W 49 513 52i 53 54 55 36 7 Monthly Building Activity Report: 10/93 Page 1 #' Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDENDUM TO ADD/REMODEL 0 ADDITION 3 86, 315 BAY WINDOWS/REPL WINDOWS 1 2,750 CARPORT 1 7,500 DECK 1 3,000 DETACHED GARAGE 1 6,794 ENTRY VOIDING 9308074 0 FENCE 3 1, 400 GARAGE 1 8;893 GARAGE & DECK 1 10,500 INSTALL NEW WINDO 950 INSTALL NEW WINDOW 1, 900 KITCHEN REMODEL 1 6,000 MAINT BLDG, .#15, 16, 17, 18 1 500 MAINTENANCE BLDG #19 1 200 MAINTENANCE BLDG #20 1 200 MAINTENANCE BLDG #21 1 200 MAINTENANCE BLDG #25 & 26 1 300 MAINTENANCE BLDG #27 & 28 1 300 MAINTENANCE BLDG #6 1 200 POOL 1 15,500 REMODEL 1 18,840 REMODEL & ADDITION 2 72, 000 REMODEL AND DECK 1 5, 300 REPL MANUF HOME IN PARK 1 46, 600 RETAINING WALL 1 7, 021 SFR 7 627,539 SPECIAL INSPECTION 1 0 Subtotal: $ 930,703 Electrical: 1 BR CIR 210 1 BR CIR FOR DRYER 200 1 BR CIR FOR SPA 1 200 1 BR CIR FOR WALL FURN 1 70 1 BRANCH CIRCUIT 350 2 BRANCH CIRCUITS UPSTAIR 1, 500 4 BR CIR/BATH REMODEL 1 750 4 BRANCH CIRCUITS 600 ALARM SYSTEM 1 160 Monthly Building Activity Report: 10/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Electrical: ALTER SERVICE 1 830 ALTERATION OF POWER 200 CLEANUP METERING 500- ENTRY VOIDING 9308046 -100 FIRE ALARM + 3 BR CIRS 2, 100 REWIRE HOUSE 600 SUB-PANEL 650 TEMPORARY POWER . 100 VOIDED ON 11/02/93 1 300 WALL HTR/1 BR CIR 1 250 Subtotal: $ 9, 470 Mechanical: 2 GAS SPACE HEATERS 1 1,715 ADD GAS STOVE 1 2 , 600 ENTRY VOIDING 9310102 -1 -880 EXTEND GAS PIPE 1 750 FIREPL INSRT/WTR HTR VENT 1 2, 295 FIREPLACE INSERT 1 1, 000 GAS FURN + 1 BR CIR 1 1,484 GAS FURN, H2O HTR, LINE 1 4, 000 GAS FURN/DUCT/LINE/ELECT 1 2 ,523 GAS FURN/VENTING/PIPING 1 5, 228 GAS FURNACE INSERT 1 1, 686 GAS LINE 2 600 GAS LINE & GAS RANGE 1 200 GAS LINE & RANGE 1 150 GAS LINE AND FURNACE 1 2 ,251 GAS LINE/FURN/l BR CIR 1 3,792 GAS LOG & GAS LINE 1 275 GAS PACK 1 4,000 GAS PAK/HEAT/1 BR CIR 1 5, 098 GAS STOVE 1 1,800 GAS WATER HEATER 2 1, 205 GAS WATER HTR/STOVE/LINE 1 200 GFAU & 1 BR CIR 2 5,260 GFAU + 1 BRANCH CIRCUITS 1 2 ,575 GFAU VENT 3 8, 883 GFAU/H2O HTR/1 BR CIR 1 2, 100 PELLET STOVE 1 1, 720 REPL ELECT H2O HTR W/GAS 1 350 Monthly Building Activity Report: .10/93 Page 3 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: VOIDED ON 10/26/93 1 880 WALL FURNACE 1 1,200 WOODSTOVE 1 2,000 Subtotal: $ 66, 940 Plumbing: ADDITIONAL WATER LINE 0 MOVE VENT PIPE 10 REPLACE WATER HEATER 1 350 SPRINKLER SYSTEM 4, 000 WATER HEATER 1 699 WATER LINE 1 150 Subtotal: $ 5, 209 ***Total: $ 1, 012, 323 COMMERCIAL: Building: BOILER ROOM 1 2, 000 DEMOLISH BUILDING 1 0 ENTRY VOIDING 9309047 -4, 500 INT REM, SUBWAY SANDWICH 1 10, 000 REROOF 1 1,250 Subtotal: $ 8,750 Electrical: 1 BR CIRCUIT 300 1 BRANCH CIRCUITS 2 2, 600 10 BRANCH CIRCUITS 0 ALARM SYSTEM 1 250 ELECTRIC 1 4 , 000 FEEDER + 3 BR CIR 400 SERVICE AND FEEDER 1, 800 SERVICE CHANGE 800 SERVICE/FEEDER/1 BR CIR 1,500 Subtotal: $ 11, 650 Mechanical: GAS LINE FOR BOILER 1 2 ,895 Monthly Building Activity Report: 10/93 Page 4 # Units Value COMMERCIAL: Mechanical: STANDBY GENERATOR 1 1,100 Subtotal: $ 3,995 Plumbing: AUTO SPRINKLER SYSTEM 1 2, 100 Subtotal: $ 2, 100 ***Total: $ 26,495 Total this month: 123 $ 1, 038,818 Total this month last year: 102 $ 2 , 111 472 Total year to date: 417 $ 6, 024 , 020 Total last year: 421 $ 5,953,564 This month This month This year last year Total Fees: 16,423 23 ,994 84, 084 Total Inspections: 637 531 2403 NEW CONSTRUCTION: 10193 RESIDENTIAL PAGE NO. 1 11/18/93 ADDRESS #UNITS CONTRACTOR VALUATION ** DETACHED GARAGE 58 FOURTH ST ACCENT ON REDWOOD 6794 . 00 ** Subtotal ** 6794 .00 ** SFR 1331 EVAN LN MEDINGER CONST. CO. INC. 90000. 00 857 NORTH MAIN ST PARKER, RICHARD 100383.75 77 MALLARD ST MEDINGER CONST. CO. INC. 80363. 00 1270 KIRK IN COX, FRED--CONSTRUCTION 102786. 08 1099 OAK KNOLL DR TONEY, JERRY CONST. INC. 88568. 60 899 CYPRESS POINT LP TONEY, JERRY CONST. INC. 106538.50 1302 MILL POND RD MEDINGER CONST. CO. INC. 58900. 00 ** Subtotal ** 627539 . 93 *** Total *** 634333 .93 NEW CONSTRUCTION: 10/93 COMMERCIAL PAGE NO. 1 11/18/93 ADDRESS #UNITS CONTRACTOR VALUATION ** ** Subtotal ** 0. 00 *** Total *** 0. 00 ' ASHLAND POLICE DEPARTMENT COMMUNITY SERVICE VOLUNTEER PROGRAM FOR STAFF USE ONLY TD: CITY ADMINISTRATOR FOR THE MONTH OF OCTOBER 1993 NUMBER OF VOLUNTEERS REPORTING 104 DAYS WORKED 467 HOURS WORKED 1313 / " ��� ~ ~~�� ` � � ector of Community Services \.^� � ' | PAGE NO. 1 11/18/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR OCTOBER, 1993 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED ** BICYCLE PATROL ** Subtotal ** 79 158 ** BLOOD PRESSURE CLINIC ** Subtotal ** 2 12 ** CHAMBER OF COMMERCE ** Subtotal ** 4 16 ** CITY HALL ** Subtotal ** 1 3 ** COMPUTER ENTRY ** Subtotal ** 7 23 ** COURT OFFICE ** Subtotal ** 10 50 ** CVS OFFICE ** Subtotal ** 18 54 ** DA COURIER ** Subtotal ** 18 37 ** FLU CLINIC ** Subtotal ** 23 75 ** FORENSIC LAB ** Subtotal ** 1 4 ** FRIENDLY VISITOR ** Subtotal ** 2 3 ** INTERFAITH CARE COMM. ** Subtotal ** 2 6 i. PAGE NO. 2 11/18/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR OCTOBER, 1993 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED ** LIBRARY, PUBLIC ** Subtotal ** 19 52 ** LOAVES AND FISHES ** Subtotal ** 75 219 ** MAIL COURIER ** Subtotal ** 57 116 ** MEALS ON WHEELS ** Subtotal ** 3 6 ** PACIFIC INS . NAT. HISTORY ** Subtotal ** 1 2 ** PUBLIC SCHOOLS ** Subtotal ** 6 14 ** QUILTING ** Subtotal ** 8 21 ** RECYCLE ACTIVITIES ** Subtotal ** 4 8 ** SENIOR PROGRAM OFFICE ** Subtotal ** 17 72 ** SHAKESPEAREAN FESTIVAL ** Subtotal ** 1 2 ** SHOPPER (NURSING HOME) ** Subtotal ** 7 14 ** TRANSPORTATION DRIVER ** Subtotal ** 1 2 PAGE NO. 3 11/18/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR OCTOBER, 1993 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED ** VACATION 'HOUSE PATROL ** Subtotal ** 25 70 ** WATERSHED PATROL ** Subtotal ** 76 274 *** Total *** 467 •1313 ASHLAND HISTORIC COMMISSION Minutes November 3, 1993 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:30 p.m. Members present were Jim Lewis, Terry Skibby, H.L. Wood, Steve Ennis, Keith Chambers, Dana Johnson, Chloe Winston, Casey Mitchell and Le Hook. Staff members present were Bill Molnar, Mark Knox and Secretary Nancy Slocum. APPROVAL OF MINUTES Ennis moved to approve the October 6, 1993 Minutes, Wood seconded the motion and it passed unanimously. STAFF REPORTS PA 93-119 Site Review 233 Fourth Street Tom Frantz Molnar explained that this proposal was continued from last month. The commission's main concern and the applicant's redesign concentrated on relocating the exterior stairway on the rear side of the building rather than the south side and modification of the windows on the side. The main planning issue dealt with improvement of the alley. The increased use of the alley may necessitate the use of a surface more durable than granite. Staff recommended, in Condition 3, that the property owner work with the owner of Peerless Rooms to consider other types of paving surface such as interlocking pavers, brick or stamped concrete. Staffs opinion was that the parking variance request should not be approved at this time as the applicant's specific use for the downstairs was uncertain. Skibby wanted to know how non-approval of the parking variance would effect the design. Molnar stated that the effect would be only in the number of restaurant spaces allowed on the bottom floor. The applicant had credit for six parking spaces which allows for a 16 seat restaurant. If the restaurant was considered a daytime use, the ordinance allows for the two resident spaces to be used for the restaurant. Applicant Frantz had a three dimensional model of the new design which showed the rear window exchange, roof line change, east elevation front window height, line on the tops of r . windows, the move of exterior stairs from side to rear, the added deck upstairs, two added cupolas and an overall simpler design. Ennis liked the new design and asked about the vertical siding. Frantz explained that the vertical siding would be in the gable area with horizontal siding elsewhere. Ennis asked whether the siding would be painted the same color. Frantz stated it would be all be painted the same. Hook liked the new design, especially the south and west elevations. Lewis asked if denying the variance would be a problem for Frantz. Frantz answered no. They would live in the back. The variance would be helpful, but although they have inquires from possible tenants for the business, nothing is settled. He was looking into possibilities for a theaters actors group or a railroad interpretive center. Ennis wanted more information about the woodstove upstairs. Frantz stated that they would use a fireplace insert instead of a forced-air unit. Most of the mechanical venting would be on the Bunini side, but one flue would face north towards Peerless Rooms. Applicant stated his concern for the Peerless Rooms' view. Ennis thought a metal roof with a metal insert would look fine. Hook liked the staffs alternative for paving the alley. Skibby moved and Hook seconded to recommend approval of the Site Review to the Planning Commission. The motion passed unanimously. Winston moved and Hook seconded to recommend denial of the parking variance. Motion carried unanimously. PA 93-133 Conditional Use Permit 126 Bush Street Bill Emerson Molnar explained that the existing single car garage is nonconforming due to its four foot rear set back. Normally a three foot setback with ten feet between structures would be allowed, but in this case the distance is less than ten feet. It is in a R-1 zone on a lot of Ashland Historic Commission Minutes November 3, 1993 Page 2 approximately 6000 square feet. The garage is not visible from the street. The ordinance allows for a detached bedroom without a kitchen. Staff, as a condition of approval, would require the applicant to sign an agreement to not add a kitchen or use the bedroom as a separate rental unit. Staff recommended approval. Applicant plans on remodeling the existing garage. A demolition of the garage would require a modification of a CUP. Molnar stated that the applicant's sons would use the remodeled garage which would consist of a bedroom, closet and bathroom. Skibby thought this proposal would be a definite improvement to the neighborhood. Chambers wondered how the staff would handle enforcement of the"no kitchen"agreement. Molnar explained that the agreement would be recorded on the deed which would make it easy to impose. In reality, only a complaint would alert the planning department of non compliance. The applicant would have difficulty ever getting approval for a second residential unit as the zoning requires lots to be 7500 square feet and that this particular lot is only 5600 square feet. Chambers moved to recommend approval of this application to the Planning Commission, Johnson seconded. Motion passed unanimously. Mitchell didn't believe the cyclone fence in the front of the house fit in with the neighborhood and wanted to know if there were any fence restrictions. Molnar explained that the fence ordinance restricted height, but not material. The cyclone fence was not compatible, but allowed. Lewis recommended looking into an ordinance restricting cyclone fences in the historic interest area. PA 93-132 Conditional Use Permit 156 Sixth Street Bob Meiser Ennis had initially seen this proposal at the Review Board and thought this revised application was an improvement to the neighborhood. Skibby commented about the spacing between the windows in the addition and the ones in the original structure. He felt that the porch proposed was typical of that type of house and the expansion would be an improvement to the house. Ashland Historic Commission Minutes November 3, 1993 Page 3 Molnar stated that the staff encourages porches for new construction. Ennis made that motion to recommend approval of this application to the Planning Commission. Wood made the second and the motion was carried unanimously. PA 93-134 Conditional Use Permit 407 Scenic Drive Richard Wagner and Joyce Ward Molnar reported that this historic home was known as the Pedigrift House. The home had gone through a remodel two or three years ago. This request is for a four-unit traveller's accommodation and the remodel/expansion of the existing garage into an owner's unit. It also includes the construction of a new one-car garage. Staff believed this was good use for this property and, although zoned Multi-Family, he doubted this house would ever be converted to a four-plea. The site plan showed one parking space in the front of the house and staff had recommended relocating all parking spaces to the rear and side. The applicant complied. As a minimum, space 5 would be a grass paver to visually buffer it from the street. The applicant is considering using a grass paver for all the parking spaces. Ennis wondered why the applicant chose the proposed location for the garage. Molnar explained that the applicant was attempting to screen the parking spaces from the street. He also said this application was unusual in that it was a request for a CUP only. The Site Review, which would include type of material, siding, windows, landscape, etc., would be sought by the applicant at a later time. Skibby, who had seen the pre-application, felt this revised plan showed an even larger massing. Hook did not like the replication of the bay windows and felt the detailing was "too cutesy." Mitchell, Winston, and Skibby agreed with Hook. Lewis noted that SHPO would have input on this project. The square detail on the bay windows is unique around town. Chambers felt that the detailing on the proposed owner's unit was superb. He did not agree that it was imitative. Hook also felt the detailing was not a duplication, but believed the new structure had too much detailing in too little an area. Ashland Historic Commission Minutes November 3, 1993 Page 4 Skibby agreed that the detail conflicts with the main house. He felt the detailing on the Winchester house worked. The bay window features are unique. Chambers wondered if the three windows could be cut down to two. Skibby recommended the applicant talk to the Review Board before the future Site Review. He commented that the Montery Cypress was quite special. Lewis said that removing the half circles in the gables might reduce some of the imitation. Ennis commented on Condition 7. He felt that this four-unit traveller's accommodation would be exempt from ADA requirements. Knox believed that Chapter 31 of the Oregon Structural Specialty Code went beyond the federal requirements and required compliance for even one unit. Ennis thought that maybe a house on the historic register would be exempt. Molnar remembered that the new interpretation would require that all bathrooms be accessible and one unit be equipped with handicapped apparatuses (visual aids, etc.). Lewis stated he had no problem with the application's main use. Hook said he would vote against the project because he felt there were already too many traveller's accommodations. Molnar said, that for traveller's accommodations, staff would prefer a location within walking distance of downtown. CUP criteria considers alternative modes of transportation as beneficial. Ron Thurner (audience member) wondered what limits site design for CUPS. He felt Condition 1 was too general and that the future Site Review design may be substantially different than what was proposed here. Molnar stated that issues like the elevations would have to be the same. Staff could reword Condition 1, but this type of case where the CUP and Site Review are processed separately is rare. The staff's decision on compliance of Condition 1 is discretionary. Lewis added that the submitted drawings would be a baseline and that SHPO still had to make its comments. Molnar knew the architects were aware of this house being on the Historic Register. For a Type I Site Review, staff only requires applicant to notify SHPO. Skibby felt a CUP was approval of conceptual design whereas a Site Reviewwas more specific. Ashland Historic Commission Minutes November 3, 1993 Page 5 Molnar wanted the Historic Commission to be comfortable with the proposed plan (i.e., roof pitch, windows, landscape, etc.) Skibby wondered how the approval process would be effective if SHPO did not approve of the design changes. Molnar reiterated that staff only requires notification of SHPO. Skibby was impressed with the changes since the pre-application proposal. Ennis moved to recommend approval with the comment that the east elevation of property owner appears to replicate design and detailing of house too closely. Hook seconded motion. Hook stated that the design was "too cutesy" and objects to the number of traveller's accommodations in town. Motion passed with Hook voting no. Molnar reminded the commission that they will get to review this again at the Site Review stage. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of October follow: 233 Fourth Street Tom Frantz Demolition 936 Blaine Street Robertson/McKinley Bay Windows 275 East Main Street Bob Wright Re-roof 58 Fourth Street Martha McIntyre Garage 47 North Main Street Plaza Cafe Sign 90 North Pioneer Street Trapeze Sign 237 First Street Ashland Community Food Store 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: November 4 Lewis, Wood and Skibby November 10 Ennis, Winston and Mitchell November 18 Hook, Skibby, Johnson and Wood November 24 Skibby, Chambers and Mitchell December 2 Winston, Skibby and Mitchell Ashland Historic Commission Minutes November 3, 1993 Page 6 OLD BUSINESS Proposed Community Development Move Molnar reported that the Site Review for the new City Hall was appealed to the City Council (by the City Council) and will be heard November 16, 1993. A CUP was not required because the E-1 zoning ordinance changed last year and the new building is now a permitted use. Skibby wondered if he would be permitted to speak before the council giving the Historic Commission viewpoint. Molnar remarked that one could speak as an individual or as a representative of the commission. Skibby stated that Wood was the liaison to the council and suggested that he read the previously submitted letter from the commission into the record at the council meeting. Wood said he would be there. Lewis said he would be there as a private citizen. Molnar reminded the commission that their letter would appear in the council packets. He said the council may structure the meeting as a discussion of policy decision (to move part of city hall) and may not even get to the appeal of the planning action. Lewis wondered if, since the council called it up, a private citizen could appeal afterwards. Thurner discussed the philosophy of land use appeals. He wondered when the E-1 zoning ordinance had been rewritten. Molnar answered that the new E-1 ordinance was adopted in October, 1992. In 1982 the city warehouse in that area had approval for a CUP. Skibby questioned policy in the Comprehensive Plan Goals. He asked that Wood read the letter and urged individuals to come to the meeting and write letters for the file. Applegate Trail Plague Skibby reported that Dick Akerman had delivered the plaque to the Chamber of Commerce. He picked up the plaque that day and felt that the wording had been improved. Lewis suggested a subcommittee be formed to take care of the placement of the plaque. He suggested the RR Park as a possible location. Ashland Historic Commission Minutes November 3, 1993 Page 7 a • Skibby said that perhaps a map of the trail along with the plaque would help as the wording of the plaque was difficult. He was disappointed the groups mentioned on the plaque were not local. Lewis thought maybe the review board could act as the subcommittee and come up with alternatives. Skibby said the official placement of the plaque could tie in with the Oregon Trail event this spring. NEW BUSINESS Report on Study Session Lewis reported that many citizens felt the study session was a closed meeting and therefore didn't attend. Only one of the four topics discussed concerned the commission. He appreciated John McLaughlin's, Planning Director, comments describing the RR District as a "model' neighborhood. Lewis had recently met with McLaughlin and got the go ahead to have neighborhood meetings. They talked about a park issues meeting and a neighborhood plan meeting. A goal was set to fix the "model" with zoning overlays, S.P. plans and tie these in with the neighborhood. All agreed it was a good meeting. Skibby stressed a goal of the district as being pedestrian friendly. Lewis wrapped up by stating the Railroad District is a city within a city. It is an indication of how new developments could be designed. ADJOURNMENT Meeting adjourned at 9:20 p.m. Ashland Historic Commission Minutes November 3, 1993 Page 8 ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES NOV 2 9 1.993 October 26, 1993 ) The monthly meeting of the Board of Trustees of Ashland Community Hospital was held at 12:15 on Tuesday, October 26, 1993, in the conference room. PRESENT: Steve Lunt, Bruce Johnson, M.D. ; Dick Nichols, Madeline Hill, Mary O'Kief, Judy Uherbelau, and Frank Billovits, Trustees. Pat Acklin, City Council Representative; Clifford A. Hites, M.D. , Medical Staff Representative, and Patty Adams, Foundation President. Also present: James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Mike McGraw, Controller; Peggy Cockrell, Director of Personnel\Marketing; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. Guests: Bob James, Wanda Perdue, Colleen Armen, and David Curtwright, Excellence in Caring Recipients. Absent: Tom Reid and Mary Ellen Fleeger I. EXCELLENCE IN CARING AWARDS Ms. Cockrell stated that we have four employees present today to receive Excellence in Caring Awards. She introduced each employee and gave a brief background on each recipient. Mr. Lunt presented each employee with a pin and expressed the Board's appreciation for their contributions to the Hospital. Recipients were: Bob James, Radiology; Wanda Perdue, Nursing; Colleen Armen, Business Office; and David Curtwright, Engineering. Following lunch and the presentations, the recipients chose to return to: their work areas. II. CALL TO ORDER Mr. Lunt called the meeting to order at 12:30 and welcomed everyone. II. MINUTES A. Finance Committee: Mr. Lunt called for a review of the minutes of the January 22, 1993, meeting. Following review, Ms. O'Kief made the motion to approve the minutes as circulated. Ms. Uherbelau seconded the motion and the motion carried. B. Executive Committee: Mr. Lunt called for review of the minutes of the September 21, 1993, meeting. Following review, Mr. Nichols made the motion to approve the minutes as circulated. Mr. Billovits seconded the motion and the motion carried. C. Board of Trustees: Mr. Lunt called for a review of the minutes of the September 28, 1993, meeting. Following review, Ms. O'Kief made the motion to approve the minutes as circulated. Ms. Uherbelau seconded the motion and the motion carried. Board of Trustees October 26, 1993 Page 2 III. COMMITTEE REPORTS A. Finance Committee: Ms. Uherbelau stated that the Committee met on October 21, 1993, and reviewed the fiscal year audit. She stated that everything was in order and recommended approval. IV. DECISION ITEMS A. Home Health Advisory Minutes: Mr. Lunt called for a review of the minutes of the Home Health Advisory Committee of October 15, 1992. This committee meets annually. Following review, Mr. Billovits made the motion to approve the minutes as circulated. Dr: Johnson seconded the motion and the motion carried. B. 1992-93 Audit: Ms. Uherbelau stated that the Finance Committee has reviewed the 1992-93 fiscal year audit and recommends approval. Ms. O'Kief made the motion to approve the audit as presented. Ms. Uherbelau seconded the motion and the motion carried. C. September Expenditures: Mr. Lunt stated that he had reviewed the payables for the month of September, had found everything in order, and recommended approval. Mr. Nichols made the motion to approve the September Expenditures. Ms. Hill seconded the motion and the motion carried. V. MEDICAL STAFF REPORT "In presenting these names for credentialing, or recredentialing, or other changes in status of a medical staff member, or potential member, the Executive Committee of the Medical Staff asserts without qualification that the affected persons were afforded due process in accordance with the Medical Staff By-Laws and Rules and Regulations of the Hospital." A. Credentialing: Dr. Hites presented the following physicians for credentialing: 1) E. Bruce Barrows, M.D. -- courtesy staff privileges in urology; 2) Yvonne Fried, M.D. - active staff privileges in OB\GYN; 3) Karen Harris, M.D. - courtesy staff privileges in OB\GYN; 4) David Hoyal, DPM - AHP privileges in podiatry; 5) Carol Humphry, M.D. - active staff privileges in family practice; 6) Harvey Hwang, M.D. - courtesy staff privileges in anesthesia; 7) Steven Scharpf, M.D. - associate staff privileges in general\vascular surgery; and 8) Jack Wylie, M.D. - courtesy staff privileges in orthopedics. He stated that everything is in order and that the Credentials and Executive Committee have approved these physicians. Following discussion, Dr. Johnson made the motion to approve these physicians' requests for privileges as presented. Mr. Nichols seconded the motion and the motion carried. B. Recredentialing: Dr. Hites presented the following physicians for recredentialing: 1) Kirk Gooding, M.D. - active staff privileges in family practice; 2) Kathryn Henderson, D.O. - courtesy staff privileges in emergency medicine; 3) Kathleen Higbee, M.D. - courtesy staff privileges in emergency medicine; 4) Douglas Hildreth, M.D. - associate staff privileges in surgery; Board of Trustees October 26, 1993 Page 3 5) Virgil Hulse, M.D. - active staff privileges in family practice; 6) Jean Keevil, M.D. - active staff privileges in family practice; 7) Andrew Kuzmitz, M.D. - active staff privileges in family practice; 8) Paul Rostykus, M.D. - courtesy staff privileges in emergency medicine; 9) William Sager, M.D. - active staff privileges in internal medicine; 10) John Schwartz, M.D. - associate staff privileges in surgery; 11) Bryan Sohl, M.D. - courtesy staff privileges in OB\GYN; 12) Thomas Tangeman, M.D. - associate staff privileges in OB\GYN; 13) Hal Townsend, M.D. - active staff privileges in orthopedics; 14) Bruce Van Zee, M.D. - courtesy staff privileges in internal medicine; 15) Jeffery Widen DPM - AHP privileges in podiatry; and 16) Lanita Witt, M.D. - courtesy staff privileges in OB\GYN. Dr. Hites stated that these physicians have been approved by the Credentials Committee and the Executive Committee. Following discussion, Dr. Johnson made the motion to approve these physicians' requests for privileges. Mr. Nichols seconded the motion and the motion carried. V. EXECUTIVE SESSION Dr. Johnson made the motion to move into Executive Session pursuant to ORS 192.660 (1) (a) (c) . Mr. Nichols seconded the motion and the motion carried. Ms. O'Kief made the motion to move out of Executive Session. Mr. Nichols seconded the motion and the motion carried. Mr. Billovits made the motion to approve the credentialing issue as presented by Dr. Hites in Executive Session. Ms. O'Kief seconded the motion and the motion carried. VI. DISCUSSION ITEMS A. Employee Recognition Dinner: Mr. Watson encouraged everyone to attend the Employee Recognition Dinner on Thursday night at Ashland Hills Inn. B. Foundation Dinner\Dance: Mr. Watson encouraged all Trustees to support the Foundation by attending the Dinner\Dance on November 20th. C. Strategic Planning Update: Mr. Watson stated that we are awaiting the construction drawings for the Talent Office. It is hoped that the office will be open by May or June next year. Mr. Watson stated that we are continuing to hold off on any facility expansion except for the remodel of the OR area. He stated that we are continuing to work with our physicians in preparation of managed care. D. Financial Analysis: Mr. Nichols reviewed the progress of the search for a company to assist in the development of an evaluation process and compensation package for the administrator. He stated that they will be meeting with two firms next week regarding this matter. E. Self Evaluation Forms: Mr. Lunt reminded everyone to complete and return their Board Self Evaluation Forms. Board of Trustees October 26, 1993 Page 4 F. Fall Board Retreat: There was a lengthy discussion regarding a date for the fall retreat. Saturday, December 4th was the.date selected. It will be at Mr. Lunt's cabin at Lake of the Woods. VII. QUALITY ASSURANCE REPORT Mr. Watson stated that the Quality Assurance\Improvement Committee met on Tuesday; October 5, 1993, and that all issues are being handled appropriately. VIII. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold stated that we have inservices for our nursing staff on how to interpret rhythm strips so that they will be able to help cover our ICU. We will be holding another ACLS Course on November 7th & 8th. She stated that we are moving toward having all our hospital staff and medical staff ACLS certified. B. Financial: Mr. McGraw reviewed the financials for the month of September. He stated that the net revenues over expenses was approximately $12,000 last month, with a year-to-date net of approximately $136,000. Following the review of the financials, Mr. McGraw answered questions. C. Personnel: Ms. Cockrell encouraged all Trustees to attend the annual Employee Recognition Dinner on Thursday night. She stated that Joe Sayre, Pharmacist, will be retiring on December 17th and we are recruiting for a replacement. Employee Open Forums are scheduled for November 12th. There will be a city wide disaster drill in the spring of 1994. D. Foundation: Mr. Flannery stated that the Lights for Life Campaign is underway now. We will be participating with the Chamber of Commerce's Festival of Lights which will begin on November 20th. Mr. Flannery stated we have several people interested in Unitrust arrangements and these are being followed up. I%. ADJOURNMENT The meeting was adjourned at 205 pm. Respectfully submitted: APPROVED: Richard A. Nichols_, Secretary Stephen B. Lunt, Chairman i. • M1,0f T H�gti e ttt o r tt tt l tt tit * ; October. 28 , 1993 afro` ," 7711; SENIOR PROGRAM BOARD J�C111t1; Sharon Laws #§llfljC(t; Regular Board Meeting, Thursday , November 4 , 1993 3 : 30 P .M. HUNTER PARK CENTER AGENDA - CALL TO ORDER APPROVAL OF MINUTES - September 2 , 1993 meeting REPORT FROM CHAIR COUNCIL LIAISON REPORT OLD BUSINESS Flu shot wrap-up NEW BUSINESS DIRECTOR ' S REPORT MEMBER & GUEST CONCERNS ADJOURNMENT cc : M. Hill S. Hart M. Kocmieroski J . Monroe . M. L. Stewart G. White S. Hauck Brian Almquist - Mayor Golden Don Bruland , RVCOG Ashland Daily Tidings Medford Mail Tribune ASHLAND SENIOR PROGRAM Board Meeting September 2 , 1,993 Present : S . IIarr , M. Ili.l.1 , M. Kocmi.er.oski. , J . Monroe , M. L. Stewart , S : Laws Absent : S . 11a1ick , C . White Meet.i.nl; was called to order. by J . Monroe , Chairman at 3 : 35 P .M. AC'1'I6N -- DISCUSSION --- TOPIC Approved as Minutes of ci.r. cu.l.ated ,June 3 , 1993 Annual flu clinic is set for Oct . 7 NEW BUSINESS at Senior. Center. from 1.-4 P.PJ. Charge will. be $5 a shot , although the cost of vaccine has increased from $13 . 1.5 to $15 . 74 per vial . We will. prepare for 650 shots . it is difficult to find sufficient number of nurses as retired nurses often don ' t renew lic- enses . May advertise for nurses in future . All board members volunteered to help . Workers should come by 12 : 30 P.M. Medicare will probably not cover reimbursement of shots at our clinic . The clinic will -conflict with October board meeting. Motion : Board meeting October 7 will be can- Hill/Hart celled. Unanimous Services Report for June , .July h DIRECTOR ' S Augiist was distributed . REPORT There will no longer- be a legal services circuit rider due to Older. American funding to Jackson County Legal Services . Cigarette tax money for taxi subsidy program will remain the same for this fiscal year . Shuttle bus donations are falling short-- on average 5C short of 25C goal . This pattern holds true in Loaves & Fishes , also . The September senior shuttle trip wi.l .1 be to Wildlife Images . October will be Wildlife Safari. . Board rec- ommended re- Individual physicians and dentists ask to quests be de- give health lectures at center .. Should n.i.ed . Ilea.lth they? D.iscussi.on was held . Similar to literature o . k . J.nsur.ance agents , individual merchants , so not a good practice to begin . M. Hill reported progress of the Mountain MEMBER Meadows project . ANNOUNCEMENTS Adjourned at 5 :07 . . --V,GF Asry�0 . Memorandum DREG% .. November 19, 1993 II: Brian Almquist, City Administrator ,19 rIIm: Steven Hall, Public Works Director 1IIIjPtf: Strawberry Lane Sanitary Sewer LID ACTION REQUESTED City Council conduct public hearing on proposed LID. City Council form LID by adopting the attached resolution and preliminary assessment roll as presented or modified by the City Council BACKGROUND On July 20, 1993 the Council adopted a resolution declaring the intent of the City to form the proposed LID. The hearing was scheduled for September 7, 1993 and deferred to October 5, 1993 and continued until December 7, 1993. The Council also directed staff to mend a form to all participants asking them to note that they understand that the construction of the sewers does not meet all of the requirements for developing their property. As a result of that second mailing, one additional "Memorandum of Understanding" was returned. The Council also directed staff to remove Jere Hudson from the assessment roll. That amendment has been accomplished in the attached memorandum,and information supplied by Jim Olson. Because of the unusual shape and size of the lots, staff is recommending the assessment be made on a 50% area and 50% front foot bass. This is felt to be the most equitable considering the odd size and shapes of the lots. The details of the proposed project are in Jim Olson's memorandum attached to this memorandum. REMONSTRANCES As of 11/15/93 I have received two remonstrances which are attached. The Council removed Jere Hudson from the assessment roll leaving Margaret Brown as the single written remonstrance. The remonstrance includes 24.38% of the total LID. Jim Olson and I have spoken to Margaret Brown and explained that her homesite and the portion of the large parcel across from the home site that abuts the sewer line she had constructed are not in the LID. That remaining portion of the site assessed in the LID will need the sanitary sewer for future development. STATEMENT OF UNDERSTANDING RESPONSE The following have returned the form: NAME ADDRESS % LID. LOT IN LID Jere & Roberta Hudson 395 Strawberry Lane 0* Tax Lot 100, Ashland, Oregon 97520 39-1E-8AC Paul Hwochinsky 443 Strawberry Lane 23.24 Tax Lot 101, Ashland, Oregon 97520 39-1E-8AC . Howard Strom 3411 La Falda Place 2.31 Tax Lot 300, Los Angeles, CA 90068 39-1E-8AC Margaret Brown 385 Strawberry Lane 24.38 Tax Lot 500, Ashland, Oregon 97520 39-1E-8AC Doug Neuman & 11684 Ventura Blvd 18.38 Tax Lot 200, Reed Slatkin Studio City,CA 91604 39-1E-8AC City of Ashland 20 East Main Street 2.94 Tax Lot 105, Ashland, Oregon 97520 39-1E-8AC City of Ashland 20 East Main Street 6.54 Tax Lot 100, Ashland, Oregon 97520 39-lE-8BD Removed from Assessment Roll by City Council 9/7/93. RECOMMENDATION Staff recommends the formation of the Strawberry Lane Sanitary Sewer Local Improvement District. The assessment roll is adjustable based on City Council decision on remonstrances. cc: Jim Olson, Assistant City Engineer Dennis Barnts, Water Quality Superintendent All participants encl: LID Resolution 93-40 w/ Exhibit "A" Olson Memo (10/12/93) Statements of Understanding (5) Hudson Remonstrance Brown Remonstrance AMC 13.20.040 & 13.20.060 RESOLUTION NO. A RESOLUTION AUTHORIZING AND ORDERING THE IMPROVEMENT BY CONSTRUCTING SANITARY SEWERS IN STRAWBERRY LANE FROM DTTCHLINE ROAD APPROXIMATELY 1350 FEET WESTERLY IN ASHLAND, OREGON AND AUTHORIZING THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY TO BE BENEFITED AND PROVIDING THAT WARRANTS ISSUED FOR THE COSTS OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY OF ASHLAND. RECITALS: A. The Council has declared by Resolution its intention to construct the improvements described in substantial accordance with the plans and specifications and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement as provided by the Charter of the City of Ashland; and B. Notice of such intention has been duly given and published,as provided by the Charter and a public hearing was held and it appears to the Council that such improvements are of material benefit to the City and all property to be assessed will be benefited to the extent of the probable amount of the respective assessments to be levied for the costs. THE CITY OF ASHLAND.RESOLVES AS FOLLOWS: SECTION 1. It is ordered that the sanitary sewers be constructed in Strawberry Lane from Ditchline Road approximately 1350 feet westerly in substantial conformance with the plans and specifications adopted and on file in the office of the Director of Public Works and,that the cost be assessed upon each lot or portion of lot benefited by such improvement as provided by the Charter and ordinances of the City of Ashland. The benefitted lots shall bear all of the costs of the improvements. SECTION 2. A local improvement district is established for the purpose of constructing these sanitary sewers and the district shall consist of those lots depicted on the attached map. SECTION 3. Warrants for the construction of the improvement shall bear interest at the prevailing rates and shall constitute general obligations of the City of Ashland and the warrants shall be issued pursuant to and on the terms and conditions in ORS 287.502 to 287.510 inclusive. SECTION 4. The final assessments for the local improvement district will be in substantial conformance with those listed on attached Exhibit "A". The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 5th day of October, 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of October, 1993. Catherine M. Golden, Mayor• Reviewed as to form: Paul Nolte, City Attorney RESOLUTION NO. 93- O A NEW RESOLUTION OF INTENTION TO PROVIDE FOR SANITARY SEWER IMPROVEMENTS IN STRAWBERRY LANE FROM DITCHLINE ROAD WESTERLY FOR APPROXIMATELY 1350 FEET. Recitals: A. On October 5, 1993, the City Council conducted a public hearing for benefitted property owners to comment as to why this improvement should not be constructed or why properties should not be assessed. B. At that hearing the council concluded that one property may be omitted from the proposed district. The omission of this property will cause the remaining properties' estimated assessment to increase. In such case, section 13 . 20. 050.D of the Ashland Municipal Code requires that a new improvement resolution be adopted and new notices mailed to all of the owners within the' local improvement district. C. This resolution is adopted as the new improvement resolution required by the municipal code. . THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. The council intends to make local improvements to provide a sanitary sewer in Strawberry Lane from Ditchline Road approximately 1, 350 feet westerly in Ashland. Such improvements will be in accordance with costs estimated to be $53, 880 all of which will be paid by special assessments on benefitted properties. Costs will be allocated on a unit measure of approximately $12 . 30 per front foot and $970. 50 per acre of each parcel of land. SECTION 2. The local improvement district shall consist of all the tax lots described in the attached Exhibit A. SECTION 3. Warrants for the interim financing of the improvements shall bear. interest :at the prevailing rates and shall constitute general obligations on the City of Ashland and shall be issued according to the terms and conditions in ORS 287 . 502 to 287. 510 inclusively. SECTION 4. The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305.583 (4) . SECTION S. The City of Ashland, Oregon (the "City") expects to cause certain capital expenditures to be incurred for the Strawberry Lane Sewer Local Improvement District. The City intends to reimburse itself for such capital expenditures with the proceeds of borrowing incurred by the City (the "Reimbursement Bonds") . United States Treasury Regulation 1. 103-18 sets forth certain requirements that must be complied with in order for the proceeds of Reimbursement Bonds to qualify as an expenditure of bond proceeds. One such requirement is that on or before the date the expenditure that is being reimbursed is paid, the issuer of Reimbursement Bonds must declare a reasonable official intent to reimburse itself for the capital expenditure. It is the reasonable intent of the City to reimburse the ,capital expenditures for the proposed Strawberry Lane Sewer Improvements with the proceeds of Reimbursement Bonds in the principal amount estimated to be $53 , 880. SECTION 6. The City Recorder is directed to mail copies of the notice to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form attached to this resolution. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on October 19, 1993 . pi�ssell E. Chadick, J cting City Recorder SIGNED and APPROVED this /5��day of (/C 1993 . Catherine M. Golden, Mayor Approved 0j;'v—as to form: ;Llp u l Nolte, City'. Attorney PAGE 2-RESOLUTION dally 5i lJM' .T£ NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on December :7, 1993, at 7:30 p.m. in the Council Chambers, 1175 East Main Street; to hold a public hearing to consider the formation of a Local Improvement District as follows: NATURE OF THE IMPROVEMENT: To construct sanitary sewers in Strawberry Lane from Ditchline Road approximately 1, 350 westerly. BENEFITED PROPERTY: All those properties described on the attached exhibit entitled "Composition of Strawberry Land L. I.D. (Revised 10/11/93) " and "Individual Lot Cost Estimate for Proposal: Strawberry Lane Sewer L.I.D: " ESTIMATED COST: The estimated cost of this local improvement is $58, 000 all of which shall be paid by special assessment of benefitted properties. ADDITIONAL INFORMATION: Additional information may be obtained at the Department of Public Works Engineering Office, 27-Z N. Main St. , Ashland, Oregon, on weekdays during the hours of 8:30 a.m. to 5: 00 p.m. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the project should not be developed or why the benefited properties should not be assessed in the manner proposed. BY ORDER OF THE CITY COUNCIL Nan E. Franklin, City Recorder PAGE 3-RESOLUTION (p:A ilyla aw2.rca) COMPOSITION OF STRAWBERRY LANE SEWER L.I.D. (Revised 10111193) Tax Percentage of In Favor Map No. Lot Assessment of L.I.D. Ownership 39-1E-8AC 101 23.24% yes Paul Hwoschinsky 443 Strawberry Lane 39-1E-8AC . 105 2.93% yes City of Ashland 39-1E-8AC 200 18.38% yes Doug Neuman & Reed Slatkin 11684 Ventura Blvd. Studio City, CA 91604 i 39-1E-8AC 201 16.55% yes Tracy A. Darling 490 Strawberry Lane 39-1E-8AC 300 2.31% no contact Howard Strom 3411 La Falda Place Los Angeles, CA 90068 39-1E-8AC 400 5.67% no contact Robert Dreiszus 10825 Yank Gulch Talent, OR 97540 39-1E-8AC 500 24.38% no contact Margret J. Brown 385 Strawberry Ln. Ashland OR 97520 39-1E-8BD 100 6.54% yes City of Ashland 100.00% 30 June 1993 - Page 3 Proposed Strawberry Lane Sanitary Sewer L.I.D. _ R F= N 70 $ W m in Ul A 1 m n ` _ m E U) � Z � S 03 D m Z t 5 N (D ; m FYI 4 m m m x p x n z r � _ < D ° _ _ Cf) Z z m `- CD co i s W r 0 $ a m Z m •/ c \ v 5 r e 6 � .• r;^ � xgJ C p . � gggl fn1 I Q D- 5` � ------ ! Z c ALNUTT • _-_ r cn IS ao N m ' m Z I.Of ASJV • Emo ran dum �REGO , 12 October 1993 Q: Paul Nolte, Steve Hall, Brian Almquist ram: James H. Olson, Assistant City Engineer � $UbjC& Revision to the Proposed Strawberry Lane Sanitary Sewer L.I.D. With the removal of the Jere Hudson lot (39-1E-8AC, 100) from the proposed assessment district, the total assessable units decreased by 348.88 feet of frontage and 2.99 acres. The resultant decrease caused an increase in all other assessments from $173 to $1,695 depending upon lot size and frontage. Attached are the revised estimates, estimated costs per lot, and ownership lists. 12 October 1993 - Page 1 JHO:rs\strawby.sew City of Ashland Department of Public Works - Engineering Division Fourth Revised Estimate for Strawberry Lane Sewer L.I.D. Street: Strawberry Lane Estimate By: D. Ernst (J. Olson) Project: Sanitary Sewer Extension Date: 2/9/92 (6129193) (10111193) GENERAL INFORMATION Length of Project: 1350 L.F. Width of Street: Pavement Design: A. ESTIMATED CONSTRUCTION COSTS Total Estimate $ 44,900.00 B. OTHER (list) C. TOTAL $ 44,900.00 D. ENGINEERING @a 20% $ 8,980.00 E. PROJECT TOTAL 5 53,880.00 F. ASSESSMENT ANALYSIS Total Assessable Front Footage or Unit of Assessment 2,190.66feet Assessable Cost per Front Foot or per Unit of Assessment $ 24.60 Total Assessable Acreage 27.76 AC Assessable Cost per Acre of Assessment $ 1,940.92 (Use $ 1,941.00/AC) 12 October 1993 -Page 2 JHO:rs\strawby.sew City of Ashland Department of Public Works - Engineering Division Fourth Revised Construction Estimate for. Strawberry Lane Sanitary Sewer Construction ITEM NO. ITEM UNITS UNIT PRICE AMOUNT 1 Site Work LS $3,000.00 2 48" Manhole 7 EA $1,500.00/EA $10,500.00 3 8" P.V.C. Sewer Pipe 1,500 LF $16.00 LF $24,000.00 4 Granite Backfill 400 CY $12.00/CY $4,800.00 5 S.S. Clean-out 1 EA $600.00 $600.00 6 4" Service Connection 250 LF $8.00/LF $2,000.00 TOTAL AMOUNT 44 900.00 By: Dennis Ernst (Revised by James H. Olson) Date: 2/9/93 (4115193) (10111193) 30 June 1993 - Page 4 Proposed Strawberry Lane Sanitary Sewer L.I.D. COMPOSITION OF STRAWBERRY LANE SEWER L.I.D. (Revised 10111193) Tax Percentage of In Favor Map No. Lot Assessment of L.I.D. Ownership 39-1E-8AC 101 23.24% yes Paul Hwoschinsky 443 Strawberry Lane 39-1E-8AC 105 2.93% yes City of Ashland 39-1E-8AC 200 18.38% yes Doug Neuman & Reed Slatkin 11684 Ventura Blvd. Studio City, CA 91604 39-1E-8AC 201 16.55% yes Tracy A. Darling 490 Strawberry Lane 39-1E-8AC 300 . 2.31% no contact Howard Strom 3411 La Falda Place Los Angeles, CA 90068 39-1E-8AC 400 5.67% no contact Robert Dreiszus 10825 Yank Gulch Talent, OR 97540 39-1E-8AC 500 24.38% no contact Margret J. Brown 385 Strawberry Ln. Ashland OR 97520 39-lE-8BD 100 6.54% yes City of Ashland 100.00% 30 June 1993 -Page 3 Proposed Strawberry Lane Sanitary Sewer L.I.D. _ .± -It O N O t, O �o O rRI O t- t- %D O a �O O N d (V O� 4 00 M 00 t-Z N cD r �+ 0p N t, O .•r � n M N 00 00 0 h h ON ON N O .•-� Ln 00 y w % 6q 64 6 � n v v o c is E - •y •O N N .J y 'T O 00 M b h b eq y cd 0 1. O t- O, to -It t- r- 00 O� W ON N t- O, O 00 0 y O � In W U 4Y 69 fA 69 = n z7 O O O O O O O O y y O O O O O O O O ro a v v v v a ON (71 rn m 0%rn v p E o ¢ rn °- N U 69 69 69 b9 f/9 Yi 69 69 � v W U d 0 y O M 00 .-+ t, v v O w � '^ ry co O M 0\ 00 0' m M O\ 00 p ~ 0 .M-� 69 fA 69 69 6tr9 N-1 6N9 n N •rn w •y 0 w GA 4A (A > y A W U c Q c7 ►.i '0 0 bo c 8 .4 " A y y iw •i7 �. p �D �D �D �O �D �D �O �O O C 3 id ta. w N N N N N N N N w d 69 b9 69 d9 69 69 69 69 0 W V y U o 3 a o ,�. M M 00 6 N H Cd .-! N O O q h O d c�0 cu w b h O v N N d V d N V h w U ►.t V] o N l- 00 0s N h O\ O •ct �D 0 N O N O+ kn M O\ O O V �O Q •� � m � co N C%4 r N H O 1 ko M M N .-y- .--i :. E Q w a w 0 O � y G N � 3 .-� in O O O O O m s a 0 0 0 0 o O O o H y .•� .-� N N M "T ko .-y m w n•, y U U U U U U U 0 0 k Q 00 Q Q Q Q Q cc 00 00 00 00 07 00 00 00 a en o M M an m as an an O M M M M M M F : Z ti Z_ LU b CO) cc CL t... \ G1 b€ E E3 A n = j a z O LO m ir rn W N N ' Y z W z Z Z w Q ? ° J 3 0) z m = a r cc w "' ¢ cc w '° g zQ m . W a p z c .....,....., s— Z J \ cm a m H W LU y o 3 > LU O a - - - - W _ O cr a 3 LLI a s LL) V C i U $ '^11 . N LO - Y C' i CITY OF ASHLAND STATEMENT OF UNDERSTANDING STRAWBERRY LANE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT JULY, 1993 If the City Council approves the proposed sanitary sewer local improvement district (LID) , [I, we] understand that all of the City requirements for further development, subdivision or partitioning of our property have not been met. With the completion of the N.W. Water Project, adequate water facilities will be available. Completion is scheduled for the end of 1994 . With the completion of this sanitary sewer LID, adequate sanitary facilities will be available. Public street access and storm drainage does not meet current standards of the City of Ashland and must be provided to City standards prior to further development, subdivision or partition of the property in [my, our]. ownership within the proposed local improvement district. Ownership: O gn4 re Signature Proper Map No. and Tax Lot: 39-1E-SAC 100 CITY OF ASHLAND JUL a 1993 STATEMENT OF UNDERSTANDING STRAWBERRY LANE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT -------------- __ -- -- - JULY, 1993 If the City Council approves the proposed sanitary sewer local improvement district (LID) , [I, we] understand that all of the City requirements for further development, subdivision or partitioning of our property have not been met. With the completion of the N.W. Water Project, adequate water facilities will be available. -Completion is scheduled for the end of 1994 . With the completion of this sanitary sewer LID, adequate sanitary facilities will be available. Public street access and storm drainage does not meet current standards of the City of Ashland and must be provided to City standards prior to further evelopment, subdivision or partition of the property in [m o ownership within the proposed local improvement dis ict! Ownership: �i 1. ign'a t re Signature Property: . tnnr Map No. and Tax Lot: 39-lE-8AC 101 ASP/ CITY OF ASHLAND STATEMENT OF UNDERSTANDING STRAWBERRY LANE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT "TE September, 1993 If the City Council approves the proposed sanitary sewer local improvement district (LID) , [ I, we) understand that all of the City requirements for further development, subdivision or partitioning of our property have not been met. With the completion of the N.W.. Water Project, adequate water facilities will be available. Completion is scheduled for the end of 1994 . With the completion of this sanitary sewer LID, adequate sanitary facilities will be available. Public street access and storm drainage does not meet current standards of the City of Ashland and must be provided to City standards prior to further development, subdivision or partition of the property in [my, our) ownership within the proposed local improvement district. Ownership: Si_gnak-uze Signature Property: Map No. and Tax Lot: 39-1E-8AC 74EX 71.:C CITY OF ASHLAND STATEMENT OF UNDERSTANDING STRAWBERRY LANE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT JULY, 1993 If the City Council approves the proposed sanitary sewer local improvement district (LID) , [I, we] understand that all of the City requirements for further development, subdivision or partitioning of our property have not been met. With the completion of the N.W. Water Project, adequate water facilities will be available. Completion is scheduled for the end of 1994 . With the completion of this sanitary sewer LID, adequate sanitary facilities will be available. Public street access and storm drainage does not meet current standards of the City of Ashland and must be provided to City standards prior to further development, subdivision or partition of the property in [my, our] ownership within the proposed local improvement district. Ownership: / Signature Signature Property: Map No. and Tax Lot: 39-lE-8AC . 300 CITY OF ASHLAND STATEMENT OF UNDERSTANDING STRAWBERRY LANE SANITARY SEWER LOCAL IMPROVEMENT DISTRICT JULY, 1993 If the City Council approves the proposed sanitary sewer local improvement district (LID) , [I, we) understand that all of the City requirements for further development, subdivision or partitioning of .our property have not been met. With the completion of the N.W. Water Project, adequate water facilities will be available. Completion is scheduled for the end of 1994 . With the completion of this sanitary sewer LID, adequate sanitary facilities will be available. Public street access and storm drainage does not meet current standards of the City of Ashland and must be provided to City standards prior to further development, subdivision or partition of the property in [my, our] ownership within the proposed local improvement district. Ownership: Si natu e Signature Property: Map No. and Tax Lot: 39-1E-8AC 500 , !: AVG 09 1993 To: City Council, City of Ashland From: Jere Hudson 395 Strawberry lane Ashland Or. Subject: Strawberry Lane LID I have received notice that there is to be a hearing on the LID for Strawberry lane next to my property. As requested, I am making this written response. As you are aware, I have connected to city sewer downhill from my home. In order for this new proposed sewer to be useful to me I would be required to pump the sewage uphill to Strawberry lane. The city has placed my property on the list of Greenspace areas it wishes to acquire, but was unable to purchase it because of lack of funding. Now that a fuding method is in place, I suggest the following actions -be'- taken immediately: The City of Ashland . purchase my property at its assessed value or. . . Allow me to immediately subdivide the property using a minor land partition so that I may build houses on the vacant land. I have no other way to pay for the improvements , and no use for the improvements until I can build something to hook a sewer to. I urge you to assist my neighbors in regard to their problems , and to arrive at a fair and generous settlement for their sake, however unless I can use the services provided I can see no justification for this substantial expense. I read with some uneasiness that " . . . it is assumed that the primary access for this area will be an extension of Westwood I think that connecting this " loop " will be a disaster, and will create traffic on Strawberry that will be recreation driving up to the Hitt road. Your own police reports will show the increase in visits to the newly improved Hitt Road and water tank. Vandalism is sure to increase, and regardless of any other decision, this road should be closed with a forest service type gate. PFP AUG 18 1993 C� L-io 161 199,3 . W2. S�-C- �� E .- Map Ta x ko+ : 39 J u�JL t•Lv A-,6L � 66-2 ASHLAND MUNICIPAL CODE 13.20.040 and 13.20.060 13.20.040 Hearing: A. At the time of the public hearing, the City Council shall hear and consider testimony, both oral and written, on the proposed local improvement and may continue the hearing as it deems necessary. After such hearing the City Council may, in,its discretion, order the improvement to be made. If the City Council elects to order such improvement, it shall, within ninety (90) days after the date of the hearing, provide by ordinance for the establishment of the local improvement district and the construction of the improvement. B. Not withstanding the fact that the proposed improvement was petitioned for by at least 51% of the benefited property owners, the City Council may refuse to proceed with the improvement if it finds the proposed improvement to be untimely or not in the best interests of the City of Ashland. C. At the public hearing, the City Council may direct a modification of the proposed local improvement by revising the scope of the improvement, by reducing or enlarging the local improvement district which it deems will be benefited by the improvement, or make such other modifications in the proceedings as it finds reasonable. If the City Council modifies the scope of the improvement so that assessment is likely to be increased upon one or more lots, or if the City Council enlarges the local improvement district or if the City Council causes a substantial change in any of the particulars contained in the improvement resolution, a new improvement resolution shall be adopted, new estimates made, and new notices mailed to the owners within the proposed local improvement district. However, no new publication shall be required. 13.20.060 Creation of Local Improvement District. The City Council by resolution shall provide for the establishment of the local improvement district and the making of the local improvement in substantial conformity with the proposal set forth in the initiating resolution. Oemarandum December 2, 1993 Honorable Mayor and City Council ram: John McLaughlin, Planning Director 11LiiQtt: Appeal of Planning Action 93-094 -- 24-Lot subdivision The following-pages contain the record for the Outline Plan approval of a 24-lot subdivision at 604 and 606 Oak Street. Mr. Dana Bayuk appealed the outline plan approval, as noted by his letter of September 30, 1993. The subsequent notice of a public hearing before the City Council erroneously stated that the request is for Final Plan approval (PA93-122). The actual appeal and hearing are on the initial Outline Plan approval (PA93-094). The Planning Staff erred in sending out the notice for Final Plan approval. Therefore, please recognize that the issue before the Council is Outline Plan approval of a 24- lot subdivision, and the criteria for approval are those for Outline Plan. No Final Plan has been approved for this location. Contents of Record for Ashland Planning Action 93-094 REQUEST FOR OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS TO BE LOCATED AT 604/606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION ON PATTERSON). COMPREHENSIVE PLAN DESIGNATION: SINGLE-FAMILY RESIDENTIAL; ZONING: R-1-5-P; ASSESSOR'S MAP #: 04CD; TAX LOTS: 100 & 200. APPLICANT: POPLAR PLACE ASSOC. & ROGUE VALLEY COMMUNITY DEVELOPMENT CORPORATION Notice of Public Hearing before City Council . . . . . . . . . . . . . . . . . . . . . . 1 Appeal letter from Dana Bayuk, 9/30/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 -- Approval letter and Findings of Approval 9/16/93 . . . . . . . . . . . . . . . . . . . 3 Planning Commission Minutes 8/10/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Planning Department Staff Report Addendum 8/10/93 . . . . . . . . . . . . . . . 14 - Revised Subdivision Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Letter from Dana Bayuk 8/10/93 . . . . . . . . . .. .I. . . . . . . . . . . . . . . . . . . . 18 -- Letter from Larry Medinger 7/26/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 -- Notice of Public Hearing before Planning Commission . . . . . . . . . . . . . . . 26 Planning Commission Minutes 7/13/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Planning Department Staff Report 7/13/93 . . . . . . . . . . . . . . . . . . . . . . . . 34 Letter from Carole Wheeldon 7/11/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Letter from Oregon Division of State Lands 7/9/93 . . . . . . . . . . .. . . . . . . . 41 Tree Commission Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Wetlands Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 - Letter from Dana Bayuk 6/12/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Map of Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Applicant's Findings for Outline Plan approval . . . . . . . . . . . . . . . . . . . . . . 55 Application Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Notice is hereby given that a PUBLIC HEARING on A copy of the applica tion,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 rus cost and will be provided at LAND USE ORDINANCE will be held before the reasonable cent if requested. A copy of the staff report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost ASHLAND CITY COUNCIL on the 7thDAYOF if requested. All materials am available at the Ashland Planning Deparanen4Cry DECEMBER, 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 commend be restricted to the applicable criteria. The ordinance criteria applicable to this application arc on the reverse of this notice Oregon law states that failure to raise an objection concerning this application. ff you have any questions or commend concerning this request,please fed free to either in person or by letter,or failure to provide sufficient specificity to afford the condctsusan Yates at the Ashland Planning Department,City Hall,at 488-5305. decision maker an opportunity to respond to the issue,predudes your right of appeal to the Land Use Board of Appeals(CUBA)on that Issue. Fafiure to specify which ordinance criterion the objection is based on also precludes your right of appeal to CUBA on that criterion. t it 2 I 3 it h __ _E �Y 1 f I ✓d ... 3 tG' CRISPIN 1 STREET -------- 9 lit r - /W��/ rlrf l�"i •��_____,_ � �{O �!i 17 it I `'������2 �r �.i ii F f� � �.a! I I. I i I I \ �I -IL G � !_ Cii'` i -- ° l� PATTERSONj j S EET�: PLANNING ACTION 93-122 is a request for a Final Plan approval of a 24-lot subdivision under the Performance Standards Options for the property located at 604 and 606 Oak Street (across from Poplar Place subdivision on Patterson). Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-5-P; Assessor's Map #: 4CD; Tax Lots: 100 and 200. APPLICANT: Poplar Place Assn. & Rogue Valley Community Development Assn. t September 30, 1993 Dana S. Bayuk 603 Oak Street Ashland, Oregon 97520 Re: Appeal of the City of Ashland Planning Commission Approval of the Struve Development Outline Plan, Planning Action 93-094 To the City Council: I am writing this letter to appeal approval of the above-referenced planning action. I am concerned that the applicant has provided incomplete and inconsistent information in the outline plan and during verbal testimony, and that the City of Ashland (the City) Planning Commission (Planning Commission) has not fully considered and/or denied presentation of relevant information in . approving the Struve Development Outline Plan (the Plan). My reasons for requesting an appeal areas follows: • 1 was not allowed to provide relevant testimony at the August 10, 1993 planning commission meeting. Due to time considerations. I was not allowed to respond to a comment made by Ms. Jarvis of the Planning Commission regarding a proposed alternative to the Crispin/Oak Street intersection presented to the applicant. • The applicant has not fully considered alternative development designs that could reduce visual and noise impacts to our residence. The applicant alleges that any modification to the existing plan will jeopardize the project due to financial reasons. • During verbal testimony at the August 10 planning commission meeting the applicant acknowledged that two-story houses were going to be constructed along Oak Street. This contradicts written information provided in Item i., page 7 of the Plan, in which the applicants states that , "Homes will be arranged and designed keeping existing views in mind." • The Struve Planned Unit Development Finding of Fact provides contradictory information regarding development plans for Jessica Creek. Most of the applicant's information is unsubstantiated. 1 have discussed the Plan with Planning Commission personnel on a number of occasions. To date,the applicant has made no attempt to contact me regarding the project and has not responded to comments contained in my letters dated June 12, 1993 and August 10, 1993. As I have stated in previous letters, I am available to discuss the project and my concerns with City personnel and/or the applicant. I appreciate the City Council's attention to this matter. Respectfully Submitted, Dana S. Bayuk 1 V AS Of CITY OF ASHLAND -' , CITY HALL ASHLAND,OREGON 97520 telephone(Code 503) 482-3211 September 16, 1993 RE: Planning Action # 93-094 Dear Poplar Place Association and RVCD: At its meeting of August 10, 1993, the Ashland Planning Commission approved your request for Outline Plan Approval for the property located at 604 and 606 Oak Street -- Assessor's Map # 39 1 E 4CD, Tax Lot(s) 100 and 200. The Findings of Fact and the Commission's Orders, which were adopted at 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. A final plan must be submitted within 18 months of the date of preliminary L� 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 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. in rel , )II Molnar Senior Planner 3 BEFORE THE PLANNING COMMISSION August 10, 1993 IN THE MATTER OF PLANNING ACTION #93-094, REQUEST FOR ) OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE ) FINDINGS, PERFORMANCE STANDARDS OPTIONS TO BE LOCATED AT 604 AND ) CONCLUSIONS 606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION ) AND ORDERS ON PATTERSON) . ) APPLICANT: POPLAR PLACE ASSOC. & RVCD. ) -------------------------------------------------------- RECITALS: 1) Tax lots 100 and 200 of 391E 4CD are located at 604 and 606 Oak Street and are zoned R-1-5-P; Single Family Residential. 2) The applicant is requesting outline plan approval of a 24-lot subdivision. Site improvements are outlined on the Outline Plan on file at the Department of Community Development. 3) The criteria for outline Plan approval are found in the Performance Standards options chapter and are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not . cause a City facility to operate beyond capacity. C) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of -open space and common areas, if required or provided, and that - if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. 4) The Planning Commission, following proper public notice, held a Public Hearing on July 13 and August 10, 1993 , at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "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 Specifically, the Planning Commission makes the following findings with respect to the criteria for approval: a) That the development meets all applicable ordinance requirements of the City of Ashland. Written testimony has been enterer) into the record (Exhibit 0-1) suggesting that the 'application fails to meet all applicable ordinance requirements. The testimony specifically states that the proposal does not comply with sections 18.80.20 B.4 & D. 2 , 18.80. 030 A. I. The Commission finds that the above cited sections of 18 . 80 have not been violated under this proposal. The Commission interprets section 18.80. 020 B.4 to pertain to the extension of an existing street which presently terminates at a "T" intersection with another street. The ultimate extension would then be required to be in alignment with the existing street. This is not representative of the current situation concerning Patterson Street. The Planning Commission finds that section 18.80. 020 D. 2 is not applicable to this development. Specifically, the requirement that "in no case shall a lot abut a street for a width of less than 25 feet" is found to be a lot width standard which is not applicable to developments under the Performance Standards Options (18 . 88 . 100) . f The Planning Commission finds that the development is in conformance with the Street Standards section (18.88.050) of the Performance Standards Options chapter. Consequently, section 18 . 80.030 A. 1 does not apply to this proposal in that the application does not involve "the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions" . The Planning Commission finds that these interpretations are consistent with the powers afforded the- Commission under section 18 . 108. 160. b) That. adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility. to operate beyond capacity. Evidence has been presented (Exhibit P-2, pages 6-10) that adequate City facilities exist to serve the proposal. C) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings; etc. , havq been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. The Outline Plan demonstrates that Jessica Creek will be incorporated as part of the common area of the development, and will be maintained through a Homeowner's Association. Areas alongside Jessica Creek have been identified as jurisdictional wetlands on the National Wetlands Inventory. Janet Morlan of the Oregon Division of State Lands has reviewed the proposal and has concluded that the width of the common area will be sufficient to preclude disturbances within identified wetlands (Exhibit M-2) . • Consequently, no state removal-fill permit has been required at this time. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. The Commission 'finds no evidence in the record which would indicate that the proposal will prevent the orderly development of adjacent property. Neighboring properties have access from Oak, Patterson and Carol Streets and have already been developed (see Exhibit P-4) in accordance with the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and . common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. Evidence in the record (Exhibit P-2 , pages 11-12) indicate that all common areas will be maintained through a Homeowner's Association with initial funding obtained through a fee charged to each homeowner at the time of closing. This will be spelled out in the CC&R's for the development which will be reviewed and approved by the City as part of Final Plan approval. f) That the proposed density meets the base and bonus density standards established under this Chapter. Evidence in the record (Exhibit P-2, page 13) demonstrates that the proposal complies with the base and bonus density standards established in chapter 18 .88. 040. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for a 24-lot subdivision is supported by evidence contained .in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #93-094 . Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #93-094 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 full engineering and construction plans for the street improvements be provided at the time of final plan approval for each phase. 3) That all requirements of the Ashland Fire Department including hydrant placement be met and addressed at the time of Final Plan approval for each phase. 4) Provide all necessary easements as required by City Departments prior to the signature of the final survey plat. 5) That the Final Plan include a planting strip/parkrow, four to five feet in width, along all street frontages between the curb and sidewalk. 6) That a public utility easement be granted along the street frontages of all lots to allow for the construction of a sidewalk. Sidewalks to be installed prior to the issuance of a certificate of occupancy for each residence. 7) That one street tree, 8' - 10' in height, be installed per 30 feet of street frontage for each lot prior to the issuance of a certificate of occupancy. 8) That a size and species specific landscaping plan for the common open space area be submitted at the time of Final Plan approval. 9) That the applicant enter into an agreement with the City of Ashland 7 which guarantees that 35 percent of the units, 8 homes, comply with the affordability standards adopted by the Ashland City Council. 10) That setbacks along the perimeter of the project site comply with the yard requirements of the R-1 Zone. 11) That the primary orientation (front of the house) of the home to be constructed on lot 14 and lot 15 be towards Oak Street. 12) That all lots have .a private yard a minimum of 600 square feet in area with a minimum dimension of 20. feet. - 13) That the Division of State Lands approve the applicant's proposal for the area surrounding the identified wetland at the northeast corner of the property. Written authorization to be provided to the City of Ashland prior to the signature of the Final survey plat. /,O� Planning Com is ion Approval Date ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 10, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Cloer, Powell, Medinger, Thompson, Carr and Hibbert. Staff present were McLaughlin, Molnar and Slocum. APPROVAL OF MINUTES AND FINDINGS Carr moved to approve the Minutes and Findings of the July 13, 1993 meeting. Powell seconded the motion and it unanimously carried. PUBLIC FORUM No one came forth to speak. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 93-094 IS A REQUEST FOR OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS TO BE LOCATED AT 604 AND 606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION ON PATTERSON STREET). COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL; ZONING: R-1-5-13; ASSESSOR'S MAP #: 4CD; TAX LOT: 100 & 200. APPLICANT: POPLAR PLACE ASSOC. & ROGUE VALLEY COMMUNITY Site Visits and Ex Parte Contacts Medinger stepped down. Cloer and Carr visited site last week. Jarvis also had another site visit. STAFF REPORT This planning action was continued from last month. This month's testimony was limited to the redesign of the Crispin Street entrance to Oak, the use of the driveway off Crispin Street to serve Lot 13 and to modify Condition 12 (using common driveway off Crispin to access Lot 14 and 15 rather than Lot 15 having its own entrance off Oak). 9 Revised outline plan addresses all concerns. First, Crispin Street has been moved 13' south and slightly angled at Oak to minimize the impact of headlights on 603 Oak. The use of driveway off Crispin and common driveway for Lots 14 and 15 had also been shown. This revision closed the curb opening on Oak to funnel traffic onto Crispin. One opening at Oak would serve to make traffic more predictable. While changes were not optimal for 603 Oak, it was.a compromise and staff recommended approval with the 13 conditions. The August 10th letter from Mr. Bajuk (603 Oak) goes beyond limited testimony and, although he can speak to them, the commissioners must only consider the noted three issues in their deliberations. PUBLIC HEARING LARRY MEDINGER did not have anything to add to his letter to the commissioners. He had no time to read the letter from Mr. Bajuk, but it seemed that it discussed issues from last month. In response to concern about Oak St, intersection, he noted no ordinance that addressed placement of intersections and the effect on surrounding homes, but he had moved street. Stated problem was not unusual. DANA BAJUK, 603 Oak St., provided written testimony at July 10th meeting. The length of that testimony prevented people from taken concerns into account. He reiterated concerns in this letter as he had not received response from applicant. His major concern is the location of Crispin/Oak Street intersection. He does not oppose application, just location of intersection directly across from his house. Site visit showed other option of two large vacant lots on either side of his house. The revised plan shows intersection has been shifted slightly south and has been angled. Stated belief that headlights coming from north will still pan directly in front of his house. Mr. Bajuk did not agree with applicant that traffic will be equally distributed on Patterson and Oak Streets. Believes that, besides the people in the Sturve development, people from Poplar Place and Patterson will also use Crispin Street to access Oak. Also concerned about noise and activity during and after construction. Applicant has stated that redesign of intersection and heavy vegetation would minimize headlights. The vegetation referred to is in Bayuk's yard and should be used as a basis for placement of the intersection. Believes that revised plan would have a negative impact on his living situation. Feels applicant has not looked at alternatives Bajuk suggested (extending Patterson St. to Oak St.) in a July 12th letter. Wishes applicant would clarify comments regarding cutting lot size to make project more affordable, answer questions regarding rerouting of storm runoff to Jessica Creek and speak on plans to build two story houses along Oak which would block his view to the East. He opposes plan. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES AUGUST 10, 1993 � b A representative of the Community Development Corporation explained that the corporation has attempted to buy down price of 10 units for working, minimum income Ashland residents. They had received many grants to help reduce the cost of the proposed homes and supports the opportunity this proposal would provide. COMMISSIONERS DISCUSSION AND MOTION McLaughlin clarified ordinance dealing with the approval of streets [18.80.030 (A)(1)]. Section 1 states, 'The creation of a street shall be in conformance with requirements for subdivisions." When applicant is allowed to create a street for a subdivision, they must be in conformance with requirements except, one does not have to meet all the requirements if two other conditions exists. In this case, applicant is creating the street specifically for the development and is required to be in conformance with subdivision ordinance. Ba]uk stated questions regarding 18.80.020. He believes Patterson is existing street and the alignment of Patterson should be utilized to provide the Patterson/Oak intersection. Molnar's interpretation was that if you have a through-going intersection, the centerline extends across the street or must be 125' offset. McLaughin agrees. If developing land across from a developed street, the streets must align. The sections that apply to this application are Street and Greenway, Patterson Street is shown on the city street dedication map may extend to Oak. This map can be modified as long as the general intent of getting from point to point is met. The ordinance on alignment states "all streets as far-as is practical." The decision is up to the commission. Hibbert stated that there is a street dedication on the parcel south of Lots 15, 16 and 17. Asks if this was given up by the property owner. McLaughlin stated that it had as part of the Poplar Place subdivision. Jarvis asked about a lot that is less than 25'. McLaughlin said that the lot width issues are in the Performance Standards and are allowed to be variable. REBUTTAL MEDINGER refuted testimony that the intersection is directly in front of Bayuk's house. Commented that Hersey is main alternative to town and people use Mountain Ave. to ASHLAND PLANNING COMMISSION 3 REGULAR MEETING - MINUTES AUGUST 10, 1993 II ' travel to southside of town. He believes traffic will go both directions. Alternative suggestion to extend Patterson will force cul-de-sacs. Believes only other alternative is a loop which would lose lots and create two major crossings of creek. Storm water goes into Jessica creek from Poplar Place, Jessica Lane, etc. and have discussed this with all concerned including wetlands.people. He'addressed concern about two story houses on Oak stating that Oak was moved 13' to the south creating a smaller building envelope therefore Lot 14 will probably be two stories. Hibbert asked if new map showed that south property line had a house directly across from it. Medinger.answers yes, it is down the embankment. Hibbert comments that if Patterson Street was extended and Lots 14 -17 moved to the north (now Crispin) this would force cul-de-sacs or would come across the creek. He suggests a "U" shape road. Medinger stresses the efficiency of design and would have to drop the project if more lots were removed. A cul-de-sac would work, but a loop would not. Jarvis remembered going through criteria last month. The development meets ordinance requirements. The issues left open are: redesign of Crispin Street, using the driveway of Crispin to access Lot 13 and the modification to include that driveways for Lot 14 and 15 be shared with egret, ingress and egress and completion of Condition 11. Main concern is the redesign of Crispin Street. Thompson likes compromise on redesign. Powell wondered about Condition 15, track-out during construction. Hibbert stated that it was discussed last month and applicant agreed to pave before construction. Powell agreed with Thompson. Hibbert listened to Bayuk's concerns. He feels that revised angle is a good compromise. Jarvis also acknowledges Bayuk's concern and reminds him that cul-de-sac are discouraged. The commission did address concerns and had Crispin redesigned. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES AUGUST 10, 1993 Hibbert moves that approval with the 14 conditions. Powell seconds. Motion carried unanimously. Thompson stated that he would have liked Condition 11 (shortcut from common area to the closest point on Crispin to get to town) left in. Jarvis called Bayuk out of order. PLANNING ACTION 93-096 IS A REQUEST FOR OUTLINE PLAN APPROVAL OF A 27-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS TO BE LOCATED AT 133 ORANGE STREET (BETWEEN LAUREL AND HELMAN STREETS). COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL; ZONING: R-1-5-P; ASSESSOR'S MAP #: 4CB; TAX LOT: 600. APPLICANT: QUALITY HOUSING ENVIRONMENTS Site Visits and Ex Parte Contacts Hibbert was not at last months meeting. He had a site visit in July and reviewed packets. No contention from commissioners. Carr visited site after rain to check drainage. Jarvis had another site visit. STAFF REPORT McLaughlin reported the primary concern from last month was the street design and layout of vacant properties adjoining this project. Hayes property (to the west) had since submitted a proposal relating to this proposal. That applicant had previously submitted a similar design. The street stub to the Reynolds' property remains the same. Applicant nor the staff has meet with Reynolds. The street design proposed and the staff proposal were similar in the inclusion of a loop system and amount.of asphalt. A benefit to the applicants proposal would be a longer street providing vistas to Mount Ashland and Grizzly Peak area. Applicant had stated his desire for proposed plan to be the one considered for meeting the criteria, not the proposal recommended by the staff. The development of the adjacent properties was staff's primary concern. The property to the west was addressed, but the future development of Reynolds property was unknown. There were better options for the location of the stub and this could be modified in the final plan of phase ll. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES AUGUST 10, 1993 13 City of Ashland i ASHLAND PLANNING DEPARTMENT Planning Exhibit ! EI(MlGli STAFF REPORT PA# Addendum DATE STAFF_� August 10, 1993 PLANNING ACTION: PA93-094 APPLICANT: Poplar Place Assoc. & RVDC LOCATION: 604 & 606 Oak Street, across from Poplar Place on Patterson. REQUEST. Outline Plan approval for a 24-lot subdivision under the Performance Standards Option. I. Background This planning action was continued from the July 13, 1993 public meeting. At the time, the Planning Commission moved to limit testimony at the August 10, 1993 meeting to the following three issues: 1) The re-design of the west side of Crispin Street and its entrance to Oak Street; 2) using a driveway off Crispin Street to access lot #13, rather than Oak Street; and 3) the modification of Condition 12 to include that driveways for lots 14 and 15 be shared with ingress and egress from Crispin Street. All other issues were considered resolved, including the deletion of Condition 11. IL Additional Information The applicant's have submitted a revised site plan with narrative addressing the issues raised at last month's meeting. The following amendments have been made to the new plan: Intersection of Crispin Street and Oak Street The intersection of Crispin Street and Oak Street has been moved 13 feet to the south. Crispin's intersection with Oak Street is not quite at a right angle in order to avoid headlights from shining on the house across the street. This should mitigate problems with headlights when a vehicle is stopped at the intersection of the two streets. The headlights from vehicles travelling north (out of town) on Oak Street, however, will moved across the property as the car completes a right turn off of Crispin Street. This situation is not unique to this particular subdivision and happens more often as infill of vacant properties occurs. Driveway access to lot 13 The amended plan proposes.to eliminate the curb opening along Oak Street to lot #13. Driveway access to this lot will be provided from a shared driveway located off of Crispin Street. Driveway access to lots 14 and 15 The amended plan has eliminated the curb opening along Oak Street to lot 15. Both lots 14 and 15 will be served by a shared driveway from Crispin Street. III. Conclusions and Recommendations Staff believes that the applicant has incorporated all the recommendations suggested by the Planning Commission at the previous meeting. While the location of the intersection of Crispin Drive and Oak Street in relation to 603 Oak Street is not optimal, it is a substantial improvement over the previous design. Crispin Street would have to be located at the south end of the property to insure that the residence at 603 Oak Street was not impacted by headlights. This would likely result in a cul-de-sac being utilized as the only way of obtaining the planned density for the parcel. This is a issue of trade-offs. What is the best design with least impact on 603 Oak Street versus what is the best design for the entire parcel? Overall, it is our opinion that the amended plan represents a compromise. Staff recommends approval of the application with the attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full engineering and construction plans for the street improvements be provided at the time of final plan approval for each phase. 3) That all requirements of the Ashland Fire Department including hydrant placement be met and addressed at the time of Final-Plan approval for each phase. 4) Provide all necessary easements as required by City Departments prior to the signature of the final survey plat.. PAPA93-094 Ashland Planning Department -- Staff Report Poplar Place Assoc. & RVDC August 10, 1993 'S Page 2 5) That the Final Plan include a planting strip/parkrow, four to five feet in width, along all street frontages.between the curb and sidewalk. 6) That a public utility easement be granted along the street frontages of all lots to allow for the construction of a sidewalk. Sidewalks to be installed prior to the issuance of a certificate of occupancy for each residence. 7) That one street tree, 8' - 10' in height, be installed per 30 feet of street frontage for each lot prior to the issuance of a certificate of occupancy. 8) That a size and species specific landscaping plan for the common open space area be submitted at the time of Final Plan approval. 9) That the applicant enter into an agreement with the City of Ashland which guarantees that 35 percent of,the units, 8 homes, comply with the affordability standards adopted by the Ashland City Council. 10) That setbacks along the perimeter of the project site comply with the yard requirements of the R-1 Zone. 11) That the primary orientation (front of the house) of the home to be constructed on lot 14 and lot 15 be towards Oak Street. 12) That all lots have a private yard a minimum of 600 square feet in area with a minimum dimension of 20 feet. 13) That the Division of State Lands approve the applicant's proposal for the area surrounding the identified wetland at the northeast comer of the property. Written authorization to be provided to the City of Ashland prior to the signature of the Final survey plat. PAPA93-094 Ashland Planning Department — Staff Report Poplar Place Assoc. & RVDC August 10, 1993 I Page 3 i 90 ) I ® I /' e fir ; J ",�� it It LL f I 1 `�✓!t � l I 1 I � t I ! J g Z I" -1.- D� I I I ` L----_-J I �- i 0 m -� 14 I L r9 / I I - r-°- I --i V11 Q / rq III ' 1 r I l r -1 �' r ��` '@ t\\ I I/ J _ FE� ty of Ashland August 10, 1993 ann s Exhibit 1, 93-C9H Dana S. Bayuk 0•rE,9-10-y STAFF 603 Oak Street Ashland, Oregon 97520 Re: Comments Regarding the Revised Struve Planned Unit Development Outline Plan, Planning Action 93-094 To the Ashland Planning Commission: 1 have prepared this letter to provide my opinion regarding the revised proposed Struve Planned Unit Development Outline Plan (the Plan)for consideration at the City of Ashland(the City) Planning Commission meeting on August 10, 1993. My opinion is based on the following: • Review of the revised Plan drawing, the Staff Report, and Staff Report Addendum. • The Criteria for Outline Plan Approval. • Review of City Ordinances Chapters 18.80 and 18.88. • Discussions with City of Ashland personnel (i.e., Mr. Bill Molnar, Assistant Planner). Following review and consideration of the information items listed above, I recommend the Planning Commission not approve the revised Plan. • The applicant has not evaluated alternative development plans that will minimize visual and noise impacts to our home. It is my understanding that the applicant has not evaluated any other options, including a plan that was offered for consideration in my letter dated July 12, 1993. • The development does not appear to meet the intent of certain City ordinances requirements. Our greatest concerns involve the proposed Crispin Street/Oak Street intersection. I am also concerned that, although I have contacted and met with City planning personnel. I have not been contacted,or received a response or information from the applicant regarding my July 12 letter to the Planning Commission. Crispin Street/Oak Street Intersection I have reviewed the revised design of the proposed Crispin StreedOak Street intersection. I still consider the street layout unacceptable.and oppose the revised Plan for the following reasons. • The revised intersection will not reduce traffic and/or traffic noise directly in front of our house. • As noted in the Staff Report Addendum, the problem with traffic headlights has only been partially addressed. The headlights of traffic turning right onto Oak will swing across the front of our house. Letter to Planning Commission August 10, 1993 Page 2 • The applicant has not considered or evaluated alternatives to the proposed alignment of Jessica Street. The revised proposed intersection of Crispin Street with Oak Street,although shifted slightly south, is still essentially in front of 603 Oak Street. We feel that locating the intersection directly across the street will have a noticeable negative impact on our current living situation. In the Staff Report the applicant indicates that heavy vegetation and street redesign should take. care of our concerns about headlights. We are not only concerned about headlights, but are equally concerned about the increase in traffic and associated traffic noise during and following construction of the development. As to heavy vegetation, I assume that the applicant is referring to our front yard. The trees and shrubbery in our yard serve as an incomplete visual screen and do not serve as a screen against traffic noise. In addition,they serve as a partial screen only as long we choose to leave them in place. If the applicant was referring to the vegetation in our front yard, it is my opinion that the burden of showing that the location of the Crispin/Oak intersection is appropriate, is the applicant's. The applicant should not rely on selected favorable aspects of adjoining properties to justify the development design. In this case the vegetation in our front yard serves as a screen only if we choose to leave it in place. It is my strong opinion that the applicant should thoroughly evaluate alternate options for accessing the property for development to minimize impacts to Oak Street residents as well as Patterson Street residents. As presented in my July 12 letter, one alternative approach to the proposed Crispin Street intersection would be to.extend Patterson Street and design a cul-de-sac on Crispin Street in the area of Lots 18 and 19. There appears to be adequate space to shift Lots 14, 16, and 17 north adjacent to the southern property line of Lot 13, and provide for sound and visual screens to houses situated along the southern side of a Patterson Street extension. It is my opinion that this would allow the principal design considerations of the development to be maintained,and reduce adverse impacts to Oak Street residents.* As discussed in my July 12 letter, access to the development from Oak Street should be from a Patterson Street extension. West of Oak Street the intersection would front an undeveloped lot, or the Meadowbrook subdivision, consisting of residences constructed below the level of Oak Street. The Oak Street fill slope would serve as a noise and visual barrier for these houses. Extension of Patterson Street was previously recognized as a viable option to connection with Oak Street. On Page 8 of the Finding of Fact the applicant indicates that"a small strip of land originally deeded to the City in 1985 for an extension of Patterson Street" already exists. The applicant will have to apply for a vacation from the deed to proceed with the current development plans. Applicability of CHAPTER 18.80 The applicant proposes to construct a development consistent with Chapter 18.88, Performance Standards Options. According to Section 18.88.010, Purpose and Intent, Chapter 18.88 is intended to provide for more flexible design options than are available under the conventional City codes. Section 18.88.100 discusses the applicability of other sections of the City's land use ordinances to Chapter 18.88. Section 18.88.100 states the following: StrinC Do 8 IU:UB 1 Letter to Planning Commission August 10, 1993 Page 3 "Developments exercising the Performance Standards option shall be required to meet all other applicable sections of the Gaul Use Development Ordinance except for lot size, lot width, lot depth and setback requirement, (emphasis added) and except as otherwise provided in this Chapter. All public improvements and commonly owned areas in Performance Standards development shall follow the same procedure as a subdivision for bonding. (Ord. 2356, 1985; Ord. 2484 S4, 1988; Ore. 2630, 1991)" Based on the above certain sections of Chapter 18.80, Subdivisions, the applicant does not appear to meet the intent of certain sections of this chapter. I am requesting that the City specifically review the applicability of Sections 18.80.020, Items B.4. and D.2.; and Section 18.80.030, Item A.1. to the proposed Struve Development. Specific comments regarding each of these items is summarized below. Section 18.80.020 Design Standards Item B.4. Alignment. All streets as far as is practical shall be in alignment with the existing streets by continuation of the center lines thereof. The staggering of street alignment resulting in"1"' intersections shall wherever practical leave a minimum distance of one hundred twenty-five(125) feet between the center lines of streets. Comment The Plan proposes a new street(Crispin) that will take off of an existing street(Patterson) to the north then turn west and tie into Oak Street. Crispin, as shown on Exhibit A of the Plan package, is not aligned with Patterson Street. To be consistent with Item B.4. above the Plan should recommend that Patterson, the existing street, be extended to Oak Street. Item D.2. Access. Each lot shall abut upon a street, other than an alley, for a width of at least 40 feet. . . . In no case shall a lot abut a street for width of less than 25 feet. Comment As shown on Exhibit A the Plan submittal, it appears that lot 6 abuts 21 feet of the proposed Crispin Street. Section 18.80.030 - Approval of Streets Item A.1. Creation of streets. The creation of a street shall be in conformance with requirements for subdivision except that the Planning commission shall approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions when any of the following conditions exist: stree tk%.. 8 tu:uta ao Letter to Planning Commission August 10, 1993 Page 4 a. The establishment of a street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental.effect rather than the primary objective of the street. b. The tract in which the street is to be dedicated is an isolated ownership of 1 acre or less. Comment Neither Condition a. or Condition b. apply to the Struve Planned Unit Development. In addition, I would maintain that, rather than being an incidental effect, the primary purpose in constructing Crispin Street is to accomodate development by providing access to Lots 2 through 10 and Lots 18 through 21. Additional Comments In addition to my comment regarding the proposed construction of Crispin Street, I have prepared a list of additional comments for consideration by the Planning Commission and the applicant. The comments refer to the Staff Report, the Plan, or the Finding of Fact, as appropriate. Certain comments were previously included in my July 12 letter to the Planning Commission. I have included them in this letter because I did not receive any information or a response from the applicant. Jessica Creek As noted in the Staff Report Jessica Creek is listed on the National Wetlands Inventory. Reportedly, based on discussions with the Oregon Department of State Lands, the applicant can proceed with the development as long as the wetland is incorporated into an open space. Scattered through the Finding of Fact are contradictory statements made by the applicant regarding plans for Jessica Creek. Examples are provided below. . The development will maintain, protect, preserve, enhance, and appropriately landscape the-streambed ecology and/or creek area of Jessica Creek. • Trees and shrubs will be planted"where appropriate" to shade Jessica Creek and "maintain water temperatures" and eventually provide"a mature tree cover". • All hard surfaces will drain to Jessica Creek, in addition, flows will be increased from irrigation water applied to the common open space along the creek • "We will not be changing the creek cross-section, other than to actually increase the water carriage capacity, if necessary, in any area of the creekbed". Struve Ih�,., 8'[0:U13 Letter to Planning Commission August 10, 1993 Page 5 Comment As I wrote in my July 12 letter,Jessica Creek flows through an open grassy area and currently supports a biological community of plants, birds,and amphibians. Typically flows are low. With the exception of what appears to be a shrub-like willow,there does not appear to be shrubs or trees along the alignment of the creek. Given the description of the applicant's conceptual plan for the creek, I would consider it a landscaping project emphasizing"improving" the visual aspects of Jessica Creek and altering the drainage to accommodate projected stormwater run-off from hard surfaces within the development. To ensure that the development does not adversely impact Jessica Creek and the designated wetland, 1 recommend that • An evaluation of the potential impacts of stormwater nm-off to the creek and wetland be required of the applicant. • The applicant consider applicable state and federal regulations regarding wetlands delineation and protection, including stormwater run-off controls and/or treatment, as appropriate. • The wetlands survey and stormwater run-off evaluation be performed by a qualified professional with academic and/or consulting experience specific to wetlands evaluations, including experience in assessing the potential for wetlands to be impacted by construction, stormwater run-off,or both. The applicant has indicated that construction could begin in the fall. During the fall of the year in southern Oregon there is the potential that construction would occur during periods of heavy precipitation. I would recommend that construction occur during months of the year selected to minimize potential impacts to Jessica Creek and the wetland by equipment and muddy stormwater run-off. In addition, inclement weather could prolong each phase of construction and the associated inconveniences to local residents. Item c.. pa-,e 2 of the Plan "Automobile traffic will access the development via Oak Street on the West and Patterson Street on the south". Comment Given the proposed layout of streets in the development, primary access will be from Oak Street. In comparison, very tittle traffic will access the site from Patterson Street. This comment based on the following: • The west side of thesite borders Oak Street. • The proposed Crispin Street directly connects the site to Oak Street making access from the west shorter and more convenient than a southern approach. "(rare Do., 9'10:1)11 a� Letter to Planning Commission August 10, -1993 Page 6 Oak Street provides a more direct route to downtown. The increase in traffic along Oak Street will also include vehicles from.the Poplar Place subdivision which will utilize the proposed Crispin Street for the reasons listed above. Item i., page 7 of the Plan "The development will consist of one-and two- story homes . . . The topography of the project site is sloping to the East with good views of the mountains surrounding the valley, including Grizzly Peak and the Siskiyous. Homes will be arranged and designed keeping existing views in mind. Single-story homes will be constructed along Patterson to help preserve the Patterson Street neighbor's view". Comment I agree that the general area provides good views to the east, for residents currently living on Oak Street, as well as for those persons that will eventually move into the proposed development. I understand the applicant's statement under this item to be a commitment to construct single-story homes on lots where two-story homes could potentially impact views on Oak Street and Patterson Street. At a minimum, single-story construction should occur on lots 1, 2, 14, 15, 16, and 17 Item k., page 8 of the Plan "At least 9(37.5%), and as many as 19, of the homes are planned to be affordable by households qualifying under the City of Ashland's affordable housing guidelines, thereby qualifying for 35 bonus points. Deed restrictions will be implemented limiting resale of a minimum on nine of the homes(37%) to those whose income qualifies under the City of Ashland Affordable Housing Guidelines". Comment The text of the applicant's statement under this item should be revised as follows,"Deed restrictions will be implemented limiting resale of° Fnimim •m on °i;° of the heroes 34%) to these each of these homes to those whose income qualifies under the City of Ashland Affordable Housing Guidelines". S«Ac Do- s 10:D13 a3 - o Letter to Planning Commission August 10, 1993 Page 7 I appreciate the opportunity to provide my opinions to the Planning Commission regarding the proposed Struve Planned Unit Development. I anticipate that the applicant and the City will review,consider fully, and respond to each of my comments. If my understanding of the applicability of referenced City ordinances are not consistent with the City's interpretation, I would appreciate clarification and/or an explanation as to why. As I wrote in my July 12 letter, I would be available to meet with the applicant and City personnel to further discuss the revised Plan, and/or additional available information. I appreciate the Planning Commission's and the applicant's attention to this matter. Respectfully Submitted, Dana S. Bayuk Struve Ihr:, R'IO:UB a� a July 26, 1993 Ashland Planning Commission 610 City Hall Ashland, Oregon Dear Commissioners , In response to concerns raised at the July meeting , we have modified our subdivision plan as follows : We have added a common driveway easement across the rear of Lot 14 so that traffic access for Lot 15 is on Crispin St . in place of Oak St'. We have moved the intersection of Crispin with Oak 13 feet to the south so that the westbound night traffic on Crispin approaching Oak will not shine their headlights directly on to our neighbor ' s house at 603 Oak Street . We are showing no access to oak from Lot 13 . Access will be to Crispin .via the Common Driveway Easement on Lots 2 and 3 . The concern expressed by several people as to the preservation of the large oak tree on the corner of Crispin and Oak is ours also . The location of that tree is shown on the map and is well away from street and utility $ construction. Thank you for your consideration. Sincerely yours , bt represe ting: Poplar lace Associates & Rogue Valley Community Development Corporation as Notice is hereby given that PUBLI HEARING on which ordinance criterion the abjection is based on also precludes your right of the following request with respect to the ASHLAND appeal w LUBA on that criterion. LAND USE ORDINANCE will be held before the A copy of the application,all documents and evidence relied upon by the applicant ASHLAND PLANNING COMMISSION on the and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the staff report will be available for 13TH DAY OF JULY, 1993 AT 7:00 P.M. at the inspection seven days prior to the hearing and will be provided at reasonable cost ASHLAND CIVIC CENTER 1175 EAST MAIN If requested. Al4materials are available at the Ashland Planning Department.City CENTER, Hall,20 East Main,Ashland,OR 97520. STREET, Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and those in attendance concerning this request The Chair shall have the right to limit The ordinance criteria applicable to this application are attached to this notice. the length of testimony and require thatcomments be restricted to the applicable Oregon law scates that failure to raise an objection concerning this application, criteria eaher in person or by let ter,or failura to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue,precludes your right of If you have any questions or comments concerning this request.please feel free to appeal to the land Use Board of Appeals(LUBA)on that issue. failure to specify conga Susan Yates at the Ashland Planning Dewrvnent City Hall,at 488-5305. NOTE: This Planning Action will also be heard by the Ashland Tree Commission on July 5, 1993 in the Council Chambers located at 1175 East Main Street at 7:00 p.m. W e W STREET �\ '.�----- -- 19. N � r to c o — t9'r' 2 - �I J L TPATTERSO"' 1 'STREET IC t 2 a• .Mfga Phi.. i -fav:�•_••!••-� 5 C .1 0� _ r .. PLANNING ACTION 93-094 is a request for Outline Plan approval of a 24-lot subdivision under the Performance Standards Options to be located at 604 and 606 Oak Street (across from Poplar Place subdivision on Patterson Street). Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-5-P; Assessor's Map #: 4CD; Tax Lot: 100 & 200. APPLICANT: Poplar Place Assoc. & Rogue Valley Community Development a � ASHLAND PLANNING COMMISSION , REGULAR MEETING MINUTES JULY 13, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Cloer, Powell, Medinger, Thompson, Armitage, Carr and Hibbert. Staff present were McLaughlin, Molnar and Yates. The applicants for Planning Action 93-095 (Barton/Roberts) have requested a continuance until next month. APPROVAL OF MINUTES AND FINDINGS Powell moved to approve the Minutes of the June 8, 1993 meeting. Medinger seconded the motion and all approved. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-094 REQUEST FOR OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 604 AND 606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION ON PATTERSON STREET). APPLICANT: POPLAR PLACE ASSOC. & ROGUE VALLEY COMMUNITY DEVELOPMENT Site Visits and Ex Parte Contacts Medinger stepped down from the hearing as he has an interest in the application. Site visits were made by all. STAFF REPORT The application is for a 24-lot subdivision for a total of 23 new homes. One of the lots is occupied by an existing residence. A new public street is to be created from Patterson Street west to Oak Street. The main feature of the land is a small seasonal creek, running diagonally across the property from southwest to northeast. The creek is listed on the National Wetlands Inventory. The applicant has supplied information 97 regarding their discussion with the Division of State Lands and DSL has required the applicant to do a delineation of the creek area. Only a small section of the northeast. corner has been identified as a jurisdictional wetland. A letter from Janet Moreland of DSL is included in the packet, approving plans as long as the wetland is in an open space area. Nine homes are proposed to meet the affordable housing standards of the City. There is a common open space area along the creek. The applicant said there will also be a pathway along the open space area and they are planning to contact the Jessica Lane Homeowners Assn. to see if they could develop the pedestrian pathway through their subdivision also. Staff would like to see an additional pedestrian path connecting Poplar Place between Lots 17 and 18. By using the path along the open space, it would be a somewhat more roundabout way to Oak Street. The applicant has used common driveways to minimize curb cuts in several locations, however, Staff would like to reduce the number of curb cuts along Oak Street by consolidating the points of access and locating the driveways for Lots 14 and 15 off Crispin and possibly Lot 13 as well. One of the requirements of approval is that all structures within 160 feet of the proposed site be shown. On the map submitted it does not show a building directly across Oak Street from Crispin. In fact, 603 Oak Street is almost directly across from where Crispin intersects Oak Street. The property owner of 603 Oak, the Bayuk's have expressed concerns regarding headlights shining into their structure and proposed relocating Crispin so it would come out further to the south. Staff has not had an opportunity to look since receipt of this letter to discuss the impacts on 603 Oak Street. Also where Crispin intersects Oak, there is a large oak tree that appears to be closer to Crispin than indicated on the applicant's map. Staff believes the tree should be retained. Staff had recommended approval until the last two issues were discovered,. so the Commission may want to continue the hearing. If the Commission recommends approval, there are 14 attached Conditions. Jarvis said there were letters from: Division of State Lands, Carole Wheeldon, and Bayuk that were entered into the record. Molnar read the letter from DSL and Carole Wheeldon. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JULY 13, 1993 28 Cloer commented that Bayuk's letter is lengthy and wondered if Staff had had an opportunity to study it. McLaughlin received it today and said he would let the applicant respond, but he found some items that did not pertain. PUBLIC HEARING LARRY MEDINGER, 695 Mistletoe Road, stated this application is under the same partnership that did the recent development of Poplar Place (adjacent to this development). They are working with Rogue Valley Community Development Corp. (RVCDC), a local non-profit organization, offering homes to people with incomes of $18-27,000. RVCDC will purchase ten lots from Medinger and develop those ten lots under the affordable housing standards. Medinger thought the driveway access to Lots 14 and 15 seemed appropriate, as recommended by Staff. Lot 13 will be under ownership of the residents of the existing house and he has no control over whether they will accept the driveway off Crispin. Medinger was not in favor of changing the pedestrian walkway. He did not think it would be difficult for pedestrians to walk around to the common area and also did not believe it would be fair to the owner of Lot 18 accessed on all but one side by4traffic, to add a pedestrian path next to it. With regard to Bayuk's letter (bottom Page 3 - 18.88.030) and the problems of headlights in his window, Medinger explained that his draftsman must have missed a house on the aerial map (because it blended with the trees). In examining the street layout, he suggested redesigning the street to come out slightly more toward town and that would not disrupt the layout of the lots. He would like to bring this back at final plan. Medinger entered a photograph of 603 Oak into the record and mentioned that with heavy vegetation and street redesign, that should take care of Bayuk's concerns about headlights. Medinger said he definitely wants to save the oak tree. Medinger intends to phase this project in two parts. He is trying to set up next year's work. He hopes to finish the improvements to Patterson Street then build or set up for construction of five lots on Patters_on and Oak. Next year, he would build the houses on Crispin Street. In answer to Powell's question to Staff regarding the pedestrian path through Poplar Place subdivision, McLaughlin said the final easement agreements are nearing completion, and it will be physically possible to get through there. ASHLAND PLANNING COMMISSION g. REGULAR MEETING MINUTES. JULY 13, 1993 a� Medinger noted there would be a play area for young children at the south end of the common open area. JOHN HEATHERSTONE, 606 Oak Street, residing at 2000 Tolman Creek Road, said the large oak tree at the corner of Oak and Crispin is on his property, and is healthy and he would like to see it stay. Where Crispin is to come out is close to 603, however, it is not right in front of 603. With Crispin moved to the south, any headlights would be minimized. Initially, Heatherstone did not object to the driveway from Lot 13 accessing onto Crispin. DEBORAH HEATHERSTONE, 2000 Tolman Creek Road, owner of 606 Oak Street thought the criteria have been met by the applicant. She also wants to save the oak tree. BARBARA HEYERMAN, 555 Carol Street, is supportive of affordable housing. She is concerned that as houses get smaller, parents will ask their kids'to go outside and play. She is not sure there is enough play area for children. The wetland area is "wet" and she is not sure it could be considered a play area. The area near Poplar is steep. Kids in Poplar Place play out ih the street. KAREN SMITH, 165 Jessica Lane, said her lot is 50'x50' and has a shared lot line. Their neighborhood knows about this type of development. She couldn't be more supportive of this project, however, she feels the density has a great deal of impact on ° the area. There are drawbacks to homeowner's associations. They have worked very hard at making their area work on Jessica Lane. She would ask that there be a requirement that houses be owner occupied with an allowance that an owner could be absent for a year at a time, but she would like to avoid an area of rentals. Even though Smith liked the idea of shared driveways, she said it was a disaster waiting to happen. Where are boats, trailers, and basketball hoops placed? BARBARA OLDFIELD, 162 Jessica Lane, President of Jessica Lane Homeowner's Assn. said she wondered who would pay liability insurance for the playground that could be shared between Poplar Place and the new subdivision and also asked if it would be fenced. She is supportive of affordable housing, although she has found it can be difficult for families to pay their monthly homeowner's association dues. EVAN SHUETTE, 196 Patterson Street, explained that he lives almost off the end of the opposite end of Crispin Street, and he would like to request that Crispin be moved slightly to keep the headlights out of their house. With a 20 foot paved street (Patterson St.), they had trucks during construction parked on their sidewalks to let other traffic through. Shuette did not see any provision for.on-street parking, for ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES JULY 13, 1993 30 example, parking bays. He would like to see the walkway between Lots 17 and 18. He requested that no building be allowed before paving of the street is done. If that happens, it can result in mudholes as during the Poplar Place construction. The Ordinance requires builders to keep the streets clean. MICHAEL HENNEMAN, 198 Jessica Lane, stated that he is against the proposal as it stands, but not in totality.. (Jarvis also read his written comments.) He is concerned the density for that amount of space will cause more problems than it will solve. He is supportive of affordable housing. Henneman has concerns with the common area. All the Jessica Lane common area is very usable. He does not see any areas where there will be usable area in the proposed development. There is a swamp and a creek bed. He has kept the drainageway open near his property and wondered if this was going to be addressed. DALE LYSNE, 536 Parkside Drive noticed that both planning actions being heard tonight are located in the Heiman School District and wondered if anyone had looked at the impact of increased enrollment at Heiman School. McLaughlin responded that the City keeps the School District apprised of new developments. The school is required to accommodate the standard growth of the City. McLaughlin said the applicant was not required to have open space for density bonus points they received. They must have five percent of the project in open space in some form. The application meets this requirement. McLaughlin said the requirement for one on-street parking space for each lot has been met. It is indicated by a dot on the map. McLaughlin has heard concerns about density, however, the density is established by ordinance and the Commission has no discretion over this issue. Powell wondered when houses are sold, then do they cease to be affordable housing? McLaughlin said in the affordable housing agreement, the nine houses must comply. A buyer has to qualify within the income levels"set by the City. If no one qualifies and the house is sold under the open market, the profit made would be paid to the City and used in the affordable housing program. The affordable units must be occupied by the owner and if sold, sold as affordable. McLaughlin would hesitate to put off relocation of the road until final plan, but would . rather address at outline plan. By granting approval and deferring a decision to a later time is beyond what is normally approved at outline plan. Staff would recommend that if the relocation of the road is an issue, that it be brought back next month. LARRY MEDINGER, during rebuttal said that RVCDC is going to be subsidizing the price further down to meet income levels. He did not think rentals were addressed by ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES JULY 13, 1993 31 the City Attorney in the Ordinance. A house has to be bought by the owner and occupied by the owner. However, in ten years, to say the house could not be rented for a period of time, might not be in the spirit of the Ordinance. The Commission might want to ask the City Attorney that the City take a flexible position that would not allow long-term rentals, but short-term rentals might be advisable. Medinger did the best he could to design the south end of Crispin. He cannot move that street any more. He is happy to continue with redesigning the Oak Street end of Cripsin. He cannot cut out a lot because he is trying to do more affordable housing than is required. Medinger said he was taking care of the drainage pipe mentioned by Henneman. COMMISSIONERS DISCUSSION AND MOTION Everyone agreed that the driveways from Lots 14 ad 15 should be shared and placed behind Lots 14 and 15, between Lot 16, and accessed onto Crispin rather than Oak. The Commissioners agreed that the applicant should return with a revised street design of Crispin and Oak and to make sure the oak tree is located. Also, the Commission agreed to recommend or require the driveway from Lot 13 access onto Crispin. The owner of Lot 13 seemed agreeable, however, Powell wondered if it could destroy any historic quality of the house. The.applicant can come back with a proposal. Powell would like to eliminate Lot 18, leaving more room for a pedestrian path and play area, but agreed to accept the applicant's proposal. Armitage favored the pedestrian walkway down the riparian area and did not feel an additional 300 feet would make that much difference. He felt there would be more impact on Lots 17 and 18. Thompson thought a path through Lots 17 and 18 would be appropriate. Hibbert wished to see a path between Lots 17 and 18. Carr agreed. Cloer did not believe it was that great a distance to walk to the open area and did not see a need for a walkway between 17 and 18. Jarvis agreed. Carr thought the intersection of Crispin and Patterson should be redesigned to protect the already existing homes. Hibbert looked at the map and listened to Medinger and Shuette and he does not believe headlights will be directed right at Shuette's house. Thompson also believed the lights would just miss Shuette's house. Powell and Cloer agreed that this issue does not need to be reconsidered. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES JULY 13, 1993 - 3a McLaughlin would like to add a Condition regarding track-out during construction. All Commissioners agreed. Thompson moved to limit testimony to three issues at next month's regular meeting: 1) the redesign of the west side of Crispin and its entrance to Oak Street, 2) a proposal by the owner of Lot 13 on using a driveway off Crispin Street rather than Oak Street, and 3) modification of Condition 12 to include driveways from lots 14 and 15 be shared and exit onto Crispin. All other issues are considered resolved including the deletion of Condition 11. Powell seconded the motion. The motion carried uanimously. The applicant agreed to waive his 120 time period for processing an application. Hibbert left the meeting. PLANNING ACTION 93-095 REQUEST FOR OUTLINE PLAN APPROVAL OF A 12-LOT SUBDIVISION ON 7.6 ACRES UNDER THE PERFORMANCE STANDARDS OPTION ACCESSED OFF SCENIC DRIVE. PROPERTY LOCATED BETWEEN THE DITCH ROAD AND SCENIC DRIVE AND BETWEEN NUTLEY STREET AND LOGAN DRIVE. APPLICANT: JOHN BARTON/BRUCE AND POKII ROBERTS Jarvis read a letter into the record from Dan Harris requesting postponement of this hearing until August. Carr moved to continue, Cloer seconded the motion and the motion carried to continue. APPROVAL OF THE FINDINGS Carr moved to approve the Findings of 93-053 as amended to conform to the motion on the audio tape. Cloer seconded the motion and it was approved. (Secretary's Note: The audio tape and Minutes corresponded and the Findings were corrected.) Carr moved to approve the Teitelbaum Findings. Thompson seconded the motion and it was approved. PLANNING ACTION 93-096 REQUEST FOR OUTLINE PLAN APPROVAL OF A 27-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 122 ORANGE STREET (BETWEEN LAUREL AND HELMAN STREETS). APPLICANT: QUALITY HOUSING ENVIRONMENTS ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES JULY 13, 1993 . 33 ASHLAND PLANNING DEPARTMENT STAFF REPORT July 13, 1993 PLANNING ACTION: 93-094 APPLICANT: Poplar Place Assoc. & RVDC LOCATION: 604 and 606 Oak Street, across from Poplar Place on Patterson ZONE DESIGNATION: R-1-5-P COMPREHENSIVE PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCE: 18.20 Single Family Zoning 18.88 Performance Standards REQUEST: Outline Plan approval for a 24-lot subdivision under the Performance Standards Options. I. Relevant Facts d Ij Background - History of Application: In April 1980, the Planning Commission approved a request for a 16-unit Planned Unit Development at 606 Oak Street (Tax Lot 100). The project consisted of two duplexes, 1 triplex, 1 fourplex and 1 fiveplex. The decision was appealed to the City Council. The Council upheld the appeal and denied the application. There are no other actions of record for this site. 2) Detailed Description of the Site and Proposal: This property involves two tax lots totaling 4.02 acres in size with gentle slopes to both the east and north. A small seasonal creek runs at a diagonal across the property. There are three structures currently located on the property. Two of the structures - a vacant house and barn - will be removed, while the other home will be retained within the subdivision and situated on lot #13. The proposal involves a request to subdivide the property into 24 lots. A new public street will be constructed from Oak Street to the east, then turn 3M to the south where it will connect up with Patterson Street. A common open space area will be incorporated alongside the creek channel. It will be owned in common by those in the development and maintained through a Homeowner's Association. An area along the creek at the northeast corner of the open space has been identified as a wetland based on dominant vegetation types. Any alteration of this area will have to be approved by the State of Oregon Division of State Lands. 1I. Project Impact The proposal is relatively straight forward. Due to the gentle topography of the site, grading and filling associated with-' street construction should be minimal. The most significant natural feature on the property - Jessica Creek - will be incorporated into a common open space area, with the wetland at the northeast section of the creek being retained. The applicant's findings have stated that an environmental planner has been retained as a consultant for the final landscaping plan for the creek area. Also, a path is proposed to run alongside the creek to provide access to the creek environment as well as to a natural play area for the children of the neighborhood. This project will involve the construction of owner-occupied housing at costs consistent with the City's affordable housing requirements. At least 9 of the 23 new homes will comply with the City Affordable Housing standards. The applicant's have indicated that potentially as many as 19 of the homes will ultimately qualify under the City's program. A minimum of eight homes must be affordable in order to allow for the requested density of 24 lots. The applicants have addressed all applicable criteria for approval in their application. All public facilities are available to serve the property, including City water, sewer, electric and urban storm drainage. Traffic generated by the proposal will deposit onto Oak Street and Patterson Street. Oak Street is a designated collector street with a designated capacity of 3000 vehicles trips per day, while Patterson Street is classified as a residential lane with a capacity of 800 vehicle trips per day. Both streets according to City traffic count data have adequate capacity to accommodate the additional trips added by the proposed development. Pedestrian Walkways -- The applicant's have indicated that a pathway will be installed along the creek area. This has not been shown on the outline plan nor has any details regarding what type of surface (i.e., concrete, gravel, etc) will be used. This information will need to be submitted at the time of Final Plan approval. It is Staff's opinion that PA93-094 Ashland Planning Department — Staff Report Poplar Place.Assoc. & RVDC July 13, 1993 Page 2 . 35 an additional pedestrian easement should be required between lots 17 and 18 along the existing sewer line easement. This would provide for a more direct route from the Poplar Place subdivision out to Oak Street, rather than making pedestrians take the more circuitous route down Patterson Street, around Crispin Street and out to Oak Street. The key to providing opportunities to walk within the City rests upon making these routes not only safe but convenient. Without the provision of the above recommended easement, the travel distance for a pedestrian going from point A (Poplar Place) to point B (Oak Street) would be increased by a minimum of 300 feet.. Common Driveways -- Staff commends the applicant for incorporating the use of common driveways throughout the development. This will help to reduce the visual impact of garages along the street by focusing on the relationship between the home's architecture and street. There a few other areas within the development that Staff would like to work with the applicant to explore the use of common access easements. This is a minor issue which we believe could be deferred to Final Plan approval. III. Procedural - Required Burden of Proof The criteria for approval of Outline plan approval are outlined in Chapter 18.88 and are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan e) That there are adequate provisions for the maintenance of open space and PA93-094 Ashland Planning Department -- Staff Report Poplar Place Assoc. & RVDC July 13, 1993 Page 3 common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. }j That the proposed density meets the base and bonus density standards established under.this Chapter. IV. Conclusions and Recommendations Overall Staff believes that the proposal complies with all City criteria for approval and recommends approval of the application with the attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full engineering and construction plans for the street improvements be provided at the time of final plan approval for each phase. 3) That all requirements of the Ashland Fire Department including hydrant placement be met and addressed at the time of Final Plan approval for each phase. 4) Provide all necessary easements as required by City Departments prior to the signature of the final survey plat. 5) That the Final Plan include a planting strip/parkrow, four to five feet in width, along all street frontages between the curb and sidewalk. 6) That a public utility easement be granted along the street frontages of all lots to allow for the construction of a sidewalk. Sidewalks to be installed prior to the issuance of a certificate of occupancy for each residence. 7) That one street tree, 8' - 10' in height, be installed per 30 feet of street frontage for each lot prior to the issuance of a certificate of occupancy. 8) That a size and species specific landscaping plan for the common open space area be submitted at the time of Final Plan approval. 9) That the applicant enter into an agreement with the City of Ashland which . guarantees that 35 percent of the units, 8 homes, comply with the affordability standards adopted by the Ashland City Council. PA93-094 Ashland Planning Department -- Staff Report Poplar Place Assoc. & RVDC July 13, 1993 Page 4 3-7 10) That setbacks along the perimeter of the project site comply with the yard requirements of the R-1 Zone. 11) That a minimum five foot wide public pedestrian easement be provided from Poplar Place to Crispin Street, between lots 17 and 18. A detail of the improvement of this pathway and the pathway along the creek to be provided at the time of Final Plan approval. 12) That the primary orientation (front of the house) of the home to be constructed on lot 14 be towards Oak Street. 13) That all lots have a private yard a minimum of 600 square feet in area with a minimum dimension of 20 feet. 14) That the Division of State Lands approve the applicant's proposal for the area surrounding the identified wetland at the northeast corner of the property. Written authorization to be provided to the City of Ashland prior to the signature of the Final survey plat. PA93-094 Ashland Planning Department -- Staff Report Poplar Place Assoc. & RVDC July 13, 1993 Page 5 38 JUG 1993 ell � �i��': �_-�^'cam-�-�j �`f-r .� �,..•�� Ilvr �a �'�'d-��l��-�.�� _ �-�✓" tom-. '�r.=z...1 C _ -' - -- - -- - - ------------ 39 /! . l `-_� {• ,�✓!1f /�{' Lam,;..,-,,a._„'�_,a�� _ �'-.`,�; ��lfi°�/°`.'-��: Et'U - nf F /0 F �-. // ��-''r'.i LC-'.,•�_i'. � .�.-. ( �..�'"'� ,?;era C' "_. `i. 1 J . on JLL s ; 1?93 DIVISION OF STATE LANDS July 9 , 1993 STATE LAND BOARD BARBARA ROBERTS Govemor PHIL KEISLING Larry Medinger Secretary of State Medinger Sims Construction Company, Inc . P.O . Box 702 JIM HILL State Trey-surer Ashland, OR 97520 Dear Larry: Thank you for sending the vegetation survey report conducted by Richard Brock for the Struve Subdivision. While it is not an actual wetland determination, it gives me enough information to be comfortable that the 30 foot easement along the creek and the wider lobe at the northeast corner is sufficient to include any jurisdictional waterway or wetland. No state removal-fill permit will be required for site development according to the plan as long as there is less than 50 cubic yards of fill within the creek banks for the Crispin Street crossing. Thank you for your care with the design of the development . Sincerely, Janet_ C . Morlan Wetlands Program JCM/dsh jan: 808 cc : ity of Ashland Planning Department 775.Summer Street NE Salem,OR 97310-1337 (503) 378-3805 `/ FAX (503) 378-4844 ASHLAND STREET TREE COMMISSION SITE REVIEW Applicant P0 /ar lueP SSo[ If Date J�fy / 73 ` —� Address SIrv;✓e S��G�'v,' ,b� Commercial Residential_ Proposed Action: Recommendation: . ,:�7�i� Cti'"Yv .1�� /.�:".l2.Ul.--� ✓ � .��L'sr✓ii.L r.L/ J Street Tree Commission Representative ` Date Follow-up: ■ SMS CONSTRUCTION COMPANY, INC. June 16, 1993 John McLaughlin City of Ashland Planning Department 20 E. Main Street Ashland, OR 97520 RE: Struve Subdivision Dear Mac: Janet Morlan of the State Division of Lands suggested we call BWR Associates to inspect the proposed Struve Subdivision land concerning the Jessica Creek area. BWR Associates in turn referred us to their plant specialist, Richard Brock. Following his investigation, Mr. Brock provided us with the enclosed report. The only area of interest is at the Northeast corner of the property which is already designated as common open space on our plans. Please call me if you have any questions. Sincerely, Larry edinge P.O. &» 702, AaI land, Or. 975 'D 20 l Telephone: (503) .482-,3961 Richard Brock 881 East Main St . JUN 2 1 7933 Ashland OR .97520 June 19, 1993 Medinger Sims Construction Company Inc. P .O. Box 702 Ashland OR 97520 Summaiy of Vegetation Analysis at Struve Subdivision Site The Struve Subdivision Site includes a thin strip of low terrain that channels water during winter and early spring. The plant community in this strip is made up mostly pf naturalized grasses Including meadow fescue, brome -and kentucky bluegrass, with a 10% cover of native and naturalized shrubs . A reconnaisance vegetation analysis was performed to determine whether the plant community in this strip is hydrophyllic. The results indicate that the largest portion (segment #1) is not a hydrophyllic .community while a small segment at the northeast corner (segment 02 ) is hydrophyllic (dominated by cattail and field mint ) . aw, r� 1 DATA FORM ROUTINE ONSITE DETERMINATION METHODI Date: 6 14 Field Invesigator(s,: 0R County: - ck—`o Project/Site: ' ° 13 Applicant/Owner:P el Plc"� `meson« s Plant Community #/Name: Note-- - ---- - -- -- ---- -- - - -- - - -- - - - - - - -- - - - - - - - - -- - - - - -- - If a more detailed site description is necessary, use the back of data form or a field notebook ' Do normal environmental conditions exist at the plant community? Yes X No_(If no,explain on back) Has the vegetation,soils, and/or hydrology been significantly disturbed? Yes_No K _(it yes,explain on back) - - - - - - - - - - -`- - - - - - - - - - Indicator VEGETATION Indicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 11. 2 (2oi., Q;socs,�Q4 FA-CV 51..�.b 12. 3 5.,1�x scams\<.t FAC"/ gl. b 13. 4. C ata� s lwevta NI sl.'6 14. 5. r� 15. 6. F�sltica P.•. .s;s (=/.CV I+*r6 16. 7. 18. 10. 20. — Percent of dominant species that are OBL, FACK and/or FAC I f`7 ,-Is ilia hydrophytic vegetation criterion met? Yes—No_X_ S k ((, f Rationale: T {�} S ( i 9 { f` SOILS Series phase: ----Subgroup:2 Is the soil on the hydric soils list? Yes— No__ Undetermined_ Is the soil a Hislosol? Yes__ No—Hislic opipedon present? Yes— No Is the soil: Mottled? Yes_ No_Gleyed? Yes_ No Matrix Color: Mottle Colors: Other hydric soil indicators:-- —--- Is the hydric soil criterion mot? Yes— No— - Rationale: HYDROLOGY Is the ground surface inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes_ No Depth to tree-standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. Is the wetland hydrology criterion met? yes_ No_ Rationale: -- JURISDICT10NAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes_ No Rationale for jurisdictional decision: 1 This data form can be used for the Hydric Soil Assessment Procodure and the Plant Community Assessment Procedure. 2 Class6--ation according to"Soil Taxonomy." B-2 K5 DATA FORM ; ROUTINE ONSITE DETERMINATION METHOD' Q t.�A Q.., L Date: 6--IN-r+3 Field Investigator(s): �.c S-1�1 _ Project/She: to Pl ,-� � SZ•rave s_b JI+.>.� Stale: 02 County: —�- Proje /She: Applicant/Owner: Pal Plant Community #/Name: Note: If a more detailed site description is necessary, use the back of data form or a field notebook_ - - - - -- - - -- -- -- -- - - -- -- - - - - -- -- - - - - Do normal environmental conditions exist at the plant community? Yes Zc_No_(If no,explain on back) Has the vegetation,soils, and/or hydrology been significantly disturbed? Yes_No X (It yes,explain on back) - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VEGETATION Indicator ndicator Dominant Plant Species Status Stratum Dominant Plant Species Status Stratum 1. T7P1^� tai {a;, cg am -- 11. 2. Ma �1 ° arW i.s FI.t 12. 3. 13. 4 14. 5. 15. 6. 16, 7 17. 8. 18. 9. -- 19. 10. — 20. Percent of dominant species that are OBL, FACW, and/or FAC In 'T "Is the hydrophytic vegetation criterion met? Yes K No T Rationale: �s'T' ap¢c"< mess--`t -A all d u AC SOILS Series/phase: Subgroup:2 Is the soil on the hydric soils list? yes_ No_ Undetermined Is the soil a Histosol? Yes No_Histic epipodon present? Yes_ No Is the soil: Mottled? Yes_ No_GleyedT Yes_ No_ Matrix Color: Mottle Colors: Other hydric soil indicators:-- Is the hydric soil criterion met? Yes_ No_ Rationale: HYDROLOGY Is the ground surface Inundated? Yes_ No_ Surface water depth: Is the soil saturated? Yes_ No_ Depth to free-standing water in pit/soil probe hole: List other field evidence of surface Inundation or soil saturation. Is the wetland hydrology criterion mot? Yes— No Rationale: -- JURISDICTIONAL DETERMINATION AND RATIONALE. Is the plant community a wetland? Yes_ No_ Rationale for jurisdictional decision: 1 This data form can be used for tho Hydric Soil Assessment Procedure and the Plant Community Assessment Procedure. 2 Classification according to*Soil Taxonomy.- B-2 �� June 12, 1993 City of Ashland Dana S. Bayuk Planning Exhibit 603 Oak Street PA# Ashland, Oregon 97520 o„E _ Re: Review of Struve Planned Unit Development Outline Plan, Planning Action 93-094 To the Ashland City Counsel: I have prepared this letter to provide my opinion regarding the proposed Struve Planned Unit Development Outline Plan (the Plan). Due to my work schedule 1 am unable to attend the July 13, 1993 City Council meeting to provide testimony. Please accept this letter in lieu of testimony at the meeting. My opinion is based on the following: • Review of information available in the City of Ashland (the City) Planning Department file for the development on June 25, 199-3 • The Criteria for Outline Plan Approval. • An informational meeting held by the applicants on June 24, 1993. Following review and consideration of the Plan and the approval criteria. I recommend the City Counsel not approve the Plan. The development does not apear to meet numerous City ordinance requirements. Specific portions of the applicable ordinances, including text, are referenced below followed by comment as to why the Plan does not meet the ordinance. Information items contained in the Plan package date stamped by the City on June 1 1, 1993 are referenced as appropriate. CHAPTER 18.20 Section 18 20.020 - Permitted Uses Item H.2. The manufactured home shall be multi-sectional, no less than 28 feet in width, and have a minimum enclosed floor area of 1,000 square feet (ft2). Comment Page 2 of the Plan indicates that homes will range in size from 864 ft'-to 1,200 ft'-. Section 18.20.040 - General Regulations 'A "l Letter to the City Council July 12, 1993 Page 2 Item B. Minimum lot width: Interior lots 50 feet Corner lots 60 feet Comment Interior lots number 1, 9, 10, and 12 have widths less than 50 feet. Corner lots I 1 and 14 have widths less than 60 feet(see Exhibit A of the Plan package). Item C. Lot Depth: All lots shall have a minimum depth of 80 feet, and a maximum depth of 150 feet . . . Comment The depths of lots 22 and 23 are less than 80 feet (see Exhibit A of the Plan package). CHAPTER 18.80 Section 18.80.020 - Design Standards Item B.4. Alignment. All streets as far as is practical shall be in alignment with the existing streets by continuation of the center lines thereof. The staggering of. . . Comment The Plan proposes a new street (Crispin) that will take off of an existing street(Patterson) to the north then turn west and tie into Oak Street. Crispin, as shown on Exhibit A of the Plan package, is not aligned with Patterson Street. To be consistent with Item B.4. above the Plan should recommend that Patterson, the existing street, be extended to Oak Street. Item B.9. Access to subdivision. All.major means of access to a subdivision or major partition shall be from existing streets fully improved . . . Comment The Plan proposes to construct a new street that will connect the development with Oak'Street. The major means to access the development will then be from Oak Street. Extending Patterson Street to Oak Street would be consistent with both Item B.4. and Item B.9. Letter to the City Council July 12, 1993 Pape 3 Item D.2. Access. Each lot shall abut upon a street, other than an alley,for a width of at least 40 feet. . . . In no case shall a lot abut a street for width of less than 25 feet. Comment As shown on Exhibit A the Plan submittal, lot 6 abuts 21 feet of the proposed Crispin Street. Section 18.80.030 Item A.I. Creation of streets. The creation of a street shall be in conformance with requirements for subdivision except that the Planning commission shall approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions when any of the following conditions exist: a. The establishment of a street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street. b. The tract in which the street is to be dedicated is an isolated ownership of I acre or less. Comment Neither Condition a. or Condition b. apply to the Struve Planned Unit Development. In addition. I would maintain that, rather than being an incidental effect, the primary purpose in constructing Crispin Street is to provide access to Lots 2 through 10 and Lots 18 through 21. CHAPTER 18.88 Section 18.88.030 Item A.3. Contents . The contents for an outline plan shall be as follows: b. The proposed land uses and approximate location of the existing buildings to be retained, the proposed structures on the site, . . ., and all buildings within 160 feet of the site boundaries. Comment The occupied residence at 603 Oak Street is not shown on Exhibit B of the Plan package. This is a significant omission as 603 Oak Street is situated directly across the street from the proposed .intersection of Crispin Street and Oak Street. L q Letter to the City Council July 12, 1993 Page 4 ADDITIONAL COMMENTS In addition to evaluating the Plan against requirements of City ordinances, I have prepared a list of general and specific comments. These comments emphasize items contained in the Plan and the Struve Planned Unit Development Finding of Fact (Finding of Fact) and makes recommendations for modifying the Plan. Each Plan or Finding of Fact item is summarized or reiterated and followed by a comment. The Plan and Finding of Fact provided by the developers are inadequate and do not meet the intent of the planning application. Most of the information provided in the Finding of Fact are copied from the Plan and are not supported by evidence. The applicant primarily relies on inference, catch-phrases, and opinion tojustify conceptual plans. Some of the information is contradictory, most is unsubstantiated. Examples include, but are not limited to, the following: • Scattered through the Finding of Fact are contradictory references to.lessica Creek to the effect that the development will, maintain, protect, preserve. enhance. and appropriately landscape the streamhed ecology and/or creek area of Jessica Creek. trees and shrubs will be planted "where appropriate" to shade Jessica Creek and "maintain water temperatures" and eventually provide "a mature tree cover". All hard surfaces will drain to Jessica Creek, in addition, flows will be increased from irrigation water applied to the common open space along the creek A "We will not be changing the creek cross-section, other than to actually increase the water carriage capacity, if necessary, in any area of the creekbed`. • The residential nature of the development precludes pollution problems. Comment Jessica Creek flows through an open grassy area and currently supports a biological community of plants, birds, and amphibians. Typically flows are low. With the exception of what appears to be a shrub-like willow, there does not appear to be shrubs or trees along the alignment of the creek. Given the description of the applicant's conceptual plan for the creek, 1 would consider the conceptual plans for Jessica Creek a landscaping project emphasizing"improving the visual aspects of Jessica Creek and altering the channel to accommodate projected stomiwater events. Note that urban stormwater run-off is considered a non-point source of pollution. In the future, in addition to the treatment plant, potential stonmwater impacts should he considered as part of the - overall strategy of maintaining the water quality of Bear Creek. Item c., page 2 of the Plan "Automobile traffic will access the development via Oak Street on the West and Patterson Street on the south". Letter to the City Council July 12, 1993 Page 5 Comment The Plan and Finding of Fact provide little if any consideration to residents of Oak Street. Given the proposed layout of streets in the development, primary access will be from Oak Street. In comparison, very little traffic will access the site from Patterson Street. This comment is provided based on the following: • The west side of the site borders Oak Street. • The proposed Crispin Street directly connects the site to Oak Street making access from the west shorter and more convenient than a southern approach. • Oak Street provides a more direct route to downtown. The increase in traffic along Oak Street will also include vehicles from the Poplar Place subdivision which will utilize the proposed Crispin Street for the reasons listed above. The proposed intersection of Crispin Street with Oak Street is directly in front of 603 Oak Street. The increase in traffic during the day and night in front of our house would be unacceptable. Requiring the developers to modify the Plan to include the extension of Patterson Street is mandatory for the following reasons: • As noted above. constructing Crispin Street is inconsistent with City ordinances (see comments under Section 18.80.020 and Section 18.80.030 above). • An extension of Patterson Street would be consistent with,City ordinances. West of Oak Street the intersection would front an undeveloped lot. or the Meadowbrook subdivision. consisting of residences constructed below the level of Oak Street. 'rhe Oak Street fill slope would serve as a noise and visual barrier for these houses. The Plan and Finding of Fact provide conflicting information regarding a Patterson Street extension. On Page 3 of the Plan Patterson Street is described as a "future collector On Page 8 of the Finding of Fact the applicant indicates that "a small strip of land originally deeded to the City in 1985 for an extension of Patterson Street" exists. The Patterson Street extension "will not occur and we will apply for vacation of this strip of land'. Western access to the development should be from a Patterson Street extension. An alternative approach to the proposed Crispin Street intersection would be to extend Patterson Street and design a cul-de-sac on Crispin Street in the area of Lots 18 and 19. There appears to be adequate space to shift Lots 14. 16, and 17 north adjacent to the southern property line of Lot 13, and provide for sound and visual screens to houses'situated along the southern side of a Patterson Street extension. This recommendation would reduce the size of the development by three lots(from 24 to 21 lots). Lot 15 due to the extension of Patterson Street, and Lots I8 and 19 for construction of the cul-de- sac. However, the principal design considerations of the development would be maintained, and adverse impacts to residences along Oak Street would be reduced. Letter to the City Council July 12, 1993 Page 6 Item i., page 7 of the Plan "The development will consist of one- and two- story homes . . . The topography of the project site is sloping to the East with good views of the mountains surrounding the valley, including Grizzly Peak and the Siskiyous. Homes will be arranged and designed keeping existing views in mind. Single-story homes will be constructed along Patterson to help preserve the Patterson Street neighbor's view". Comment I agree that the general area provides good views to the east, for residents currently living on Oak Street, as well as for those persons that will eventually move into the proposed development. 1 understand the applicant's statement under this item to be a commitment to construct single-story homes on lots where two-story homes could potentially impact views on Oak Street and Patterson Street. At a minimum, single-story construction should occur on Lots 1, 2, 14, 16, and 17(1 have not included Lot 15 which will be eliminated by a Patterson Street extension). Item k., uaoe 8 of the Plan "At least 9(37.5%), and as many as 19, of the homes are planned to be affordable by households qualifying under the City of Ashland's affordable housing guidelines, thereby qualifying for 35 bonus points. Deed restrictions will be implemented limiting resale of a minimum on nine of the homes (37%) to those whose.income qualifies under the City of Ashland Affordable Housing Guidelines". Comment The text of the applicants statement under this item should be revised as follows. "Deed restrictions will be implemented limiting resale of a R;in:..,...., on nine ^' lie homes f ;q ) these each of these homes to those whose income qualifies under the City of Ashland Affordable Housing Guidelines". Item k.5.,page I 1 of the Plan "We wish to begin home construction in the Fall of 1993 with services construction occurring at the same time". Comment During the fall of the year in southern Oregon there is the potential that construction would occur during periods of heavy precipitation. I would recommend that construction occur during early Fall, late spring, or in the summer to minimize prolonging each phase of construction and the associated inconveniences to local residents. .Sa Letter to the City Counci I July 12, 1993 Page 7 1 appreciate the opportunity to provide my opinions to the City Council with regard the Struve Planned Unit Development. I regret not being able to provide my comments in person. l anticipate that the applicant and the City will review, consider fully, and respond to each of my comments. I would be available to meet with the applicant and City personnel to further discuss the Plan and Finding of Fact,and/or additional,available information. I appreciate the City Council's and the applicant's attention to this matter. Respectfully Submitted, Dana S. Bayuk 53 e i ° r ° I 6 / 0 1e ITI rq l ' i/ I Sy ^ � STRUVE PLANNED UNIT DEVELOPHEN OUTLINE PLAN POPLAR PLACE ASSOCIATES - ROGUE VALLEY COMMUNITY DEVELOPMENT CORPORATION. ! CO-APPACANT5 Application for Outline Plan approval of a planned unit development to be located between Patterson Street and Jessica Lane is made under Chapter 18 .88.030 of the Ashland Municipal Code. In compliance with the City of Ashland Performance Standards Option , the following infnr'oaLion pertains to the Outline Plan , beginning with Section A3a : a . n topographic map showing cuntour intervals of five feet . Topographic contours at five feet are indicated on the enclosed plot plan (Exhibit A) . IS. Fhe proposed land uses and appromimate locations of the anial:ing buildings to be retained . the Lroposed stt:uctures on the site, the proposed and emistinq praperty lines and easements on the site, and enistin(j arexter than six inches in diameter measured at breast height on the properties adjacent to the Site , and all buildings within 160 feet of the wite The project is in an area zoned R1-5P and will, be a single family residential development of 23 new ` �')��} . ` homes and one existing home and garage on 4 .002 acres. The homes will vary in size from 861 to 1200 square feet and will consist of two- and three- bedrooms . Struve Subdivision fronts on Oak Street to the West. Poplar Place Subdivision , consisting of mingle family dwellings , is on the South side of the property and single family homes are located to the North on Jessica Lane. Single family homes are also |ochted to the East on Carol 2treeL' See Exhibit A for information regarding existing buildings or structures to he retained or ' removed , and enisting and proposed property links and easements. See the viciniA map (Exhihit B) for the iocations DI ail buildings within 160 feet of the site boundaries and the locations of several large trees adjacpnt to the site . c. The iocations of all proposed thoroughfares, walkwa s and parking facilities.- ^ Automobile traffic will access the develnpmenL via Oak Street on the West and Patterson Street on Lhe 3outh� Struve Outlinc Plan Page - 2 ' ~ ' ^ Oak Street is designated as a collector in the ' City transportation plan and is fully improved to a width of 39.6 feet with curbs and storm drains. sidewalk will be installed along the Oak Street frontage at the time of home construction . Patterson Street is two blocks from Hersey Street, a future collector. There will be a pedestrian pathway in The common open area alongside Jessica Creek that will connect Poplar Place Subdivision to the South with the Crispin Street creek crossing . A path connection to Jessica Lane through the Jessica Lane playground will be proposed 16 the Jessica Lane Homeowner ' s 9ssociation . d . play roun&, open spaces and trails. Jessica Creek , a small seasona1 creek fed by intermittent underground springs and stprmwater, flows Northeasterly from Poplar Place Subdivision through this property to where it enters the Jessica Lane common open space. (See Exhibit A. ) This stream will be preserved and protected by the coMmon areas designed along it . The creek area will provide a sense of open space within the . Struve Uutlinm Plan Page - 3 J / - ' | ^ | , ^ / development and a lengthening of sight lines between homes and st,seis, a natural play area for the children of the neighborhood , and a place for walking and enjoying the creekside environment. e. Public or private utilities.011 city utilities are available to service the needs of Struve Subdivision . There is an existing irrigation system along Dak Street at the high point of the property that , predaLes ths Talent Irrigation District. It wi\ l be Preserve� and its water used to irrigate Li`e common open space . There are also P,U ,E. ' s in place for the main sewage line and a trunk to Poplar Place Subdivision that crosses these properLies. The new , ioL property lines of this subdivision have been designed so that these P .U,E. ' s are not in building e/ee\opos , Dennis Barndts of the City Utilities Department has informec vs that water is available from Patterson Street with an average �pressure of 160 pound ; most cities average 6U to 80 pounds of pressure . ^ 5truvc Uutline Plan Page � �}� , ^ Sewage disposa1 . wi] l be provided by Yhe existing sewer main line that runs from Patterson Street to Oak Street. Don Paul of the Fire Department is very satisfied with our street layout and the fact that it provides unhindered access for emergency vehicles . Water flow is satisfactory at all present and future fire hydrants . Peter Lovrnvich, Electric Operations Superintendent has stated that electricity 'M-1 available to this subdivision .. Urban storm runoff will drain into Jessica Creek and then to the storm drain located approximately 140 feet Northeast of our property . f . General areas of cuts and fills . Cuts and fill are minima} because the street is designed to move with the contours of the land . g . The location of natural features such as rock. 'outcroppings, marshes, wooded areas, and isolated preservable trees. The only significant natural feature is Jessica Creek , a wide, grassy low area which seasonally is active . It supports several trees and a cattail. area about 30 feet wide by 85 feet long at the � ^ � Struve Hotline Flan Page - 5 / � / ' � Northeast e;iremity of the property adjacent to the ' Jessica Lane common open space. The creek area is to be preserved and enhanced by including it in the common open space as was don? with Poplar Place Subdivision to the South and Jessica Lane to the North. There are several large trees of unknown variety around the e:isting house fronting on .Oak Street . These will be preserved and incorporated into a large lot that will remain with the existing house. h. The location and direction of all watorc-3urses and areas subject to flooding , Jessica Creek flows from South to Northeast ; Mere are no areas subject Lc flooding as the wide t s ream area far exceeds in cross-section the culvsrt outpots upstream plus rainfall runoff from hard , surfaces in Struve Subdivision itself . The Crispin Street crossing culvert will be sized by our engineers in compliance with city specifications for storm runoff . ^ i . On Ints which ar`e family dwellings , buildinh enV2l0P2S shall be included on the outline plan which show the area and Struve Outline plan Page - b �u � ^ ^ manimum height of impruvements, including solar- access and view protection where required . The development will consist of one- and two- story homes varying from 864 to 1200 square feet. Homes will be built using good solar orientation as '. '. `, ' much as possible . Jnlar access is provided by building envelopes si*il/ar to those used in our Poplar Place Subdivision . The topography of the project site is sloping to the Fast with good views of the mountains surrounding the valley , including Grizzly Peak and the Siskiyous . Homes will be arranged and designed keeping existing views in mind . Sing1e-story homes will be constructed along Patterson to help preserve the Patierson SLreet nei?hbor' s viuws � j . Elevation of , typical proposed structures. Th(elevation shuuld be to scale and should include th(-_� approximate dimensions of the proposed structures and all attached exterior hardware for heatinq and ' Please see Exhibit C for elevations. ^ City sLalf has expressed a question regarding ` the configuration of building enVeiopes for Into 6 , � 18, 19, 20 & 22 in relationship to the design of the Struve Outline Plan Pyge - 7 �( | / / " ^ ^ ° homes to be built on those lots. The homes will be ' of an L-shape or whatever other design may be appropriKe for that particular building envelop=. ~ Because these are single family residential dwellings, the question regarding exterior hardware is not applicable . k . A written statement which will contain an explanation of l . The character of the proposed development A the manner in which it has been designed to take advantage of the Performance Standards � Concept. ^ At least 9 ( 37 " 5% ) , and as Many as 17 , of the homes are planned to be affordable by households qoa1ifying under the City of Ashland ' s affordab1e housing guid^elines , thereby qualifying for 35 bonus points . Deed restrictions wili be implemented limiting resale of a minimum of nine of the homes (37% ) to those whose income qualifies under the City of Ashland Affordable Housing Guidelines. Rogue Valley Community Development Corporation (CVCDC) is planning to arrange fo/- construction of .at least nine hnmes on Lots 2 through 10 and Lot 21 . - ' by buying down the purchase price with grant monies, S�ru:e Outline Plan Page - G / q ^ ' ^ , RVCDC will subsidize the purchase of homes for buyers who earn up to 80% of the Jackson County median income, but the buyer must qualify for the mortgage under the usual credit guidelines, ^ Habitat for Humanity may build their first Ashland home here in 1974. Common open area of 7 . 5% provides an additional 2. 5 bonus points. Multiplying the parent density of 4. 5 new homes per acre by the acreage (4.002) equals 18.009 homes. Muitiplving l8.009 homes by the total number of earned density bonus points (37. 5) equals an additional 6.753 homes, thereby qualifying us for . a total of 24 .762 homes . We are applying for 24 homes. The development agrees in every respect with ` the zoning restrictions as to density and "se . The perimeter of the development observes all parent zone setbacks for sidevards and rearyards. The Struve Subdivision also agrees with the spirit of the Ordinance and guide lines defining Planned Unit Developments. It provides reasonably priced hrosing which will be built using good solar Struve Outline Pl an Page 9 / ^ orientation to achieve energy savings wherever- possible . 2. The proposed manner of financing . Each homebyyer will arrange for Private financing . Some State and Federal subsidized and/or guaranLeed *mortgage programs may be ussd . Also, as mentioned in Section k1 above, RVCDC will subsidize the purchase of 10 of the homes and Habitats for Humanity may he involved with one lot. The, present ownership within the Presently the land is under contract of purchase bY the applicants. A . The method proposed to maintain common open areas , buildings and Private thoroughfares . Common cpen areas wilL be maintained through a Homeowner ' s Association . with initial funding obtained through a fee charged Lu each new homeowner at closing. Association activities will he maintained through a month]y homeowner s fee collected by the Association a rreasurer . The Uewelopers will be Participating members of the Association for at least one vear or until their financial interest in the projec1 has ended - Struve Dut] ine Plan Page - l� (�� </ �/ , whichever comes last - to assure a smooth startup of ' Association activities and to protect new landscaping until it has a chancq to acclimatize to its new environment . One of the developers involved in this project � has successfully initiated four similar Homeowner' s Associatinns in Ashland and will use the same organization structure to assure maintenance of amenities and preservation of landscaping materials. There are no common buildings ; maintenance Of the residences and private thoroughfares are the responsibility of the individual homeowners. J. The proposed time schedule of the development. We wish to begin home construction in the Fall of 199J with services construction nccuring at the name time. All homes should be conpLeteb b, the end of 1V96 � Current plans are to construct services in. two phases . [he first phase would include the widening and full improvement of Patterson Street. Also at that time, sewer and electrical services would he connected Vo the Oak Street frontage ( water service is already in place in each Oak Street Aronting Lot) . lhis would create five marketable Lots on Sti-uve Outline Plan Paqe - I � � , ^ Patterson street and three marketable lots on Oak Street as well as :the existing home 'and it' s lot. When these lots are sold , the second phase would take place *ith' uonstruction nl the remaining services on Crispin Street and development of the remaining lots , 6. The findings of the -applicant showing that the develogmen , meets the criteria set forth in the Ordinance and the Ashland Comprehensive ' Fla" . Please see the attached Findings of Fact. ' ` ' Struve Oetiiye Plan Page 12 STKUVE PLANNED UNIl DEVELOpMENl ' FINDINGS OF FACT POPLAR PLACE ASSOCIATES - ROGUE VALLEY COMMUNITY DEVELOPMENT CORPORATION - CO-APPLICANTS - In response to item 18.88.030 Procedure for Approva1 , the fpi \uwing response is provided e to statement A31,6: the fi"dincls-of-the applicant shuwing that the development meets the criteria Ulydirianca and the Ashland Comprehensive Plan : se't forth in this / ORDINANCE COMPLIANCE: ! he attached Description , Section A3a througlh k provide all informatibn regarbing compliance. Comprehensive Plan Compliance: In regard to specific items of the Comprehensive Plan , Chap�er l? kesnurnps, Policy 20, states ,Where possible, utilize water-related ' areas for visual relief , »ockets of wildlife habitat , landscaping amenities, natural site design elements, recreational us es, hike Oaths, and pedestrian and jogging trails" . The creek area provides the attractive components of water for visual satisfaction along with maiotaininQ the streamhed ecology . Trees and shrubs will he planted where appropriate to �7 ,r / provide shade to the creek and to maintain the natural water- temperature. The path ' alongside the creek will provide access to the creek environment and will provide a natural - plAy area for the children of the neighborhood . Rick Landt , an environmental plahner and local resident, will art as consultant in regard to protection of the creek . Chapter Vl , Hlhs�inllgoai , Policy 1h states the need to "Allow a wide variation in site- |milL housing iv,es through the use of the City ' s Performance Standards Ordinance. The use of attached housing , small lots and common open spaces shall he used where rossibie to develop more moderate cost housing and still retain the quality of life consistent with Ashland ' s character" . Relatively useless siUe,ards will be minimized in order to provide Larger rearyarUs anU\or common open space. The 864 to 1200 square foot homes are designed with small amounts of hall space and efficient room sizes. The kiLchen\dioing\living room areas are oi an open design whiuh, though compact in size, gives a roomy feeling to the Struve Findings Page - 2 . . homes . Thus the 'home, can be of a relatively small square footage and at the same time 'provide economical homes for the mnder'te income buyer. Przserving the creek provides f common open space for the enjoyment n the residonts ^ Housing goal Policy 3d3 continues with " lncc!rporate bicycle and pedestrian traffic planning in sireei design" . This project provides a wa\kway along Jessica Creek which will eventually connect with Harsev Street. These homes will be relatively near to the CiLy core ; the path will reduce auto traffic by encouraging residenLs to wa1k or ride bikes to jobs or shopping . the shortcut rrovided by this path will also enable children to xisit their friends without the need for L'ansoortation provided by the parents. Policy 4c of the Unusing goal is concerned with encouraging production of " low-income units in Ashland when this can be done, in low- iwpact, re\ atively small developments" . Our project responds to that need by providing � attractive, affordable homes in the $86,000 to 3Lru:e Findings Page - 3 � � � r / | | ' $115 ,000 price range. At 1east 9, and as many as 19, of the homes will be purchased by buyers who will qualify under the Ashland Affordable Housing Guidelines . Nine of the buyers will be making their purchase through the F{VCDC buydrwn program and Habitat for Humanity may he building their first Ashland home in this development . AesPhytic' Resources, Chapter VI / I , FoNcv 6 indicates ''Encourage the development of Private common open space areas in new residentia1 developments to olfset the demand for additional Public parks , " This will be accomplished by the landscaped common open space Walkway alrny the creek � Physical and Environmental Constraints, Chapter 18 .62.010k. issues are addressed as follows : l . That the development will not cause damage, or hazard to persons or property ugon or adjacent tc, the area of , All service and home construction to take place ° within our own property lines with access via public streets . Such activity Lo ,take place only during hours permitted by City noise ordinances . The residential nature of the development precludes Struve Findings Page - 4 `�/� / `/ ` ^ generation of industrial waste or pollution problems. ' 2 . That the applicant has considered the potential hazar s that the development may create and implemented reasonable measures to mitigate the potential hy2ards caused by the development. Construction Activity noise will be controlled by confining such activity to within the hours permitted by City ordinance . 0. That the applicant has taken ail reasonable, environment.sLops to reduce the adverse impact on the AlI healthy trees wili be retained . The creek will be appropriately landscaped to eventually prnvide a mature tree cover to protect summer water temperatures . A . That the development is in compliance with the reguirements of this chapter and all other applicable City Ordinances and Codes . All questions regarding the Outline Plan and the Comprehensive Plan have been addressed . Development Standards for Floodplain Corridor Lands, . Chapter l8.62.0m. Struve Findings Page - 5 . --7/ //. | � We will not be changing the creek cross- section , other than to actually increase. the water- carriage capability , if necessary , in any area of the creekbed . We are working in cooperation Janet Oorlan of the Oregon State Lands Division and BWR Associates, an environmental consulting firm. As required by Chapter 18.88.030A4 of the Procedure for Approval, the fnllowing Findings are provided : a ) Thal: the development meets all applicahic:ordinance requirements Of the City of . The projeck is in compliance with all City ordinances as indicated in the attached response , Sections Asa throu4h A3k3 . In addition , Lhe development complies with City standards regarding design , neighborhood cowpatibi1ity , landscaping and energy efficiency, b > That adeguate key City facilities can M.provided including water. sewer . paved arress to and through the development , electricity . urban storm drainaile , police and fire protection and vd2g=U.� transportation ; cause a City facility to operate beyond capacity . Struve Findings Paye 1 . Waters Dennis Barndts of the City Utilities Department has informed us that water is available from Patterson Street with an average pressure of approximately 160 pounds ; mos t cities average 60 to 80 pounds of pressure. As suggested by Mr . 8arndts, a six inch water line will be installed along Crispin .Street from Patterson Street and will terminate prior to entering the Oak Street line' The reason for this is that the Oak Strpet line has an average pressure of 60 pounds; the much greater Patterson Street line pressure enterinu the Oak Street line wnuld "cause damage to the pipes .. in addiiinn , there is an existing irri,�atinn system along Oak Street at the high point of the property that predates the Talent Irrigation District. It will be preserved and its water used to irrigate the. common open space � 2. Sewer: Sewage disposal will be provided by the existing sewer main line that runs from Patterson Street to Oak Street. 7 Struve findi^gs Page _ _7'I `/ / ^ � / ' ~ ^ We will not be changing the creek cross- section , other than to actually increase the water carriage capability , if necessary , in any area of the creekbed . We are working in cooperation Janet Morian of the Oregon State Lands Division and BWK Associates, an environmental consulting firm. As required by Chapter 18.88.030A4 of the Procedure for Approval, the following Findings are provided : a) � � ordinance requirements of the City of MshJand . The project is in compliance with all City ordinances as indicated in the attached response , Sections hAa Phrough AM5 . {n additicn , the development complies with City standards regarding design , neighborhood compaLibility , landscaping and energy efficiency . b ) that adeguate key Citv facilities can hu, provided including water, sewer. paved access to and through the development , electricity . urban utorm drainape , police and fire protection and adeguate. . transportation ; and that the developmenL will not cause a Eitv facility to operate beyond, capacity . Struve Findiows Page - � 7'z ^ ` ^ I . Watern Dennis Barndts of the City Utilities Department has informed us that water . is available from Patterson Street with an average pressure of approximately 160 pounds; most cities average 60 to 80 pounds of pressure. As suggested by Mr. BarndLs, a six inch water line will be installed along Crispin Street from Patterson Street and will terminate prior to entering the Oak Street line � The reason for this is that the Oak Street line has an average pressure of 60 pounds; the much greater Patterson Street line pressure entering the Oak Street line would cause damage to the plpes. in nddition , there is an existing irrigation ^ system along Oak Street at the high point of the property that predates the Talent lr/igation District. It will be preserved and its water used to irrigate the common open space . 2. Sewer: Sewage disposal will be provided by the existing sewer main line that runs from Patterson Street to Oak Street. F 7 Struve Findings age - �7�� � / ^ ^ 3 Paved access to and through the . 9 ' development: Crispin street will extend from Patterson Street on We South to Oak Street on the West . Crispin Street and the North side of � the extension of Patters6n Street will he fully ^ improved to City standards. Using City Planning Department specifications to slow traffic , all intersection curb radii ~ are 20 foot maximum. [here �s a smal / strip uf ' Land original I / deeded to the. Ci\y in 1985 for an extension of Patterson Street . This extensioo wi ) l not occur and we will apply for vacation of this strip of land- (Nth Cris|/io Street and the enLensioo of Patterson Street are designed with Park �ow/Plantiny Strips of between 5 feet and 6 , feeL. These Park Rows will be planted with appropriate street trees . Sidewalks will be installed within t|`o public utility easement. There are V parking places availab}e on- street , 2 more than are required . Struve F|ndi^gs Page - 8 —7� / / , � 4 . Electricity: Peter Lovrovich, Electric Operatiohs Superintendent, has stated that electricity is available to this development. Lot 13 presently has above ground utilities; this will be converted to underground and all other lots will also be served by underground uiilities. , 5. Urban storm drainage; o) l hard surfaces wi / l drain io Jessica Creek and then to the storm drain located approximately 140 feet Northeast of our property . The, Crispin Street crossing culvert will be sized by our enDiheers in compliance with city specificatirns. There will be a pedestrian pathway in the common open area alongside Jessica Creek that wi| | co"mect Poplar Place Subdivision to the South with the Crispin Street creek crossing . A path connection to Jessica Lane through the / Jessica Lane playground will be proposed to the Jessica Lane Homeowner ' s Association . 6 . Police and fire protection and adequate transportation : This project is located within ' City limits and is readily accessiblp by emergency services. Don Paul of the Fire Struve Findings Page - 7 ~�//� / ~/ | " / ^ ~ Department is very satisfied with our street layout and the fact that it provides unhindered access for emergency vehicles. He is also satisfied with the locations of the fire hydrants in relationship to the residences . 7 . The development will not cause a City facility to operate beyond capacity : As ^ discussed above. all City facilities are , capable of serving this development . lhat the existinn and natural features of ponds, lartle trees , rock outcroPpings . etc. , have been identified in the plan of the deveJogment and significant features have been included in the open space , common areas, and uHb"jldahiP' areas . The only significant natural feature is Jessica ^ a wide , grassy \ow area which seasopa1ly is active' It supports several trees and a cattail area about T0 feet wide by 85 feet long at the Northeast emLremiLy of the property adjaceQ to the Jessica Lane common open snace. The creek area is to he preserved and enhanced by including it in the common open space as was done with Poplar Place SLru,e Findiovs Page / kr ^ ~ ` Sobdivision to the South and Jessica Lane to the North. There are several large trees of unknown variety around the existing house fronting on Oak ' Street . These will be preserved and incorporated into a large lnL that will remain with the existing house. Therc are also two . moderately sized trees , located along Patterson Street : these wi ] l also be preserved . ' ^ d ) that Eho development of the land will ndt prevent adjacent land from beinq developed for the uses shown in the, Comprehonsive " Plan . Zoning for this property is R1-5P. Single family homes are located ,on all Aides , making this deve]npmeot compatible with the neighborhood . All land adjacent [o this project hds been developed . e ) Ihat there are adecluate provisions for the maintenance of open space and common areas , if done in phases that the early phases have the same or hit4her ratio of amenities as proposed in th(.-, , ' � entire-lorniect. Common open areas will be maintained through a Homeowner ' s Association , with initial funding Stru,e Findinns Page - 11 -7� / / ` ' ^ ° / obtained through a fee charged to each new homeowner at closing . Association activities will be maintained through a monthly homeowner ' s fee collected by the Association ' s Treasurer . The developers will he participating members of the Association for at least one year or until their . financial interest in the prnject has ended - ' whichever comes last - to assure a smooth startup of Association activities and to protect new l,-ndscaping until it has p chaoce to acc\imatize to new environment . One of the developers involved in this project has successfully initiated fm/r similar homeowner ' s Associations in Ashland and will use the same organization sLrucLure to assure maintenance of amenities and preservation of ] andscaping materials. Although the project may be substantially completed in two phases, the common open space will be cnmplete6 in the first phase. f ) That the proposed densitv meets the base and honus density standards established under this We are requesting bonus density for 7. 5% open space (2 . 5% honus points) and 37. 5% affordable .Struve Findings Page - l2 /`�' {�` F ^ ° hnosinp (05% bonus points ) ; the following is our density- computation - 4.002 Acres x -_4 . 5 Parent density (RI-5P ) 18.009 Homes allowed x_ 37,. 5% Bonus density 6,753 Additional homes +lf .00V Homes allowed � 24.762 24 homes proposed deosity ^ In conclusion , this project meets or exceeds al ) of the requirements of the City of Ashland . It is � our belief that this project will henefit our community bv providing affordable , quality humes in a *ell-designed neighborhood for the people of Ashland who work in , and ` support , our community . Struve Findings Page ^'�, �� � � H/d i i _ n ..-. -`- -- 1 ,f '•~ Tim. 5 1 r�. j 9,� �u? ` i� L, � � , � P � 4 }1 f ' 11/ `I• 1 l . F / y I.F r .Iw 11.,]• > 1ti �^ r I' A+I 1f r' .,...1., f , ,•, ,.1 1.1.1. E PLANNING APPL:CCAT7.ON u� c'�. Date r-eceived_�, _�/ 1�_._. 1'i-le IVo . _��_(��� Filing Pee Land Use: Zoning Compreiiensive Plan designation Pk>Fdc>Y*Jh4>F***Ile u>'c ic>FJhFxi'c9<> u>hCJ:JC>(T)C:'c>'C)C)ClC]CJ'CJf>'C J'C:'CI<>'CJ<)O::<J'C:CJC`.C:C)C JI YCIC>'P>'C:C nJCJ!)C>Y>'C:CJ'hYJ'CY>'C)C�(:C>'C BC%C:C:C:CI::C APPLICATION IS FOR ( ) Land Partition ( ) Subdivision # of units-.---- (- ) Zone Change ( ) Zone Variance (X) P .U .D . # of units ( ) Comp . Plan Change ( ) Conditional Use Permit ( ) Site Review ( ) Staff Permit ( ) Boundary Line Adjustment ( ) Annexation Application pertains to 18 .88_030 _ of the Ashland Muncipal Code . chapt section ,ecli-on subpart APPLICANT Name Poplar Place Assoc. _&- Rogue Val-1-ey-12omm.._ De-v.elopme.nt-Phone_ 482-3961 Address P.O. Box 702 , Ashland, OR 97520 Corp__ PROPERTY OWNER Name John & Deborah Hetherston _—Phone 482-51$Q- Address 606 Oak Street_.Aahj and OR 97570 I have notified the mortgage holder , which __- SURVEYOR, ENGINE-ER, ARCHITECT (if appropriate.) Name Hoffbuhr_&_ Associates Address 1062 E. Jackson Street , Medfo=d , _OR _97504 DESCRIPTION OF PROPERTY (attach legal description) Street Address Assessor',s Mao No . 39 lE 04 CD Tax Lot (s) 1000 Above described property was acquired by owner- on _ motes day year List any covenants , conditions or restrictions , concerning use of property , of improvements contemplated; as well as yard set-back and area or height requirements that were placed .on the property by subdivision tract developers . Give date said restrictions expire. --------- — FINDINGS OF PACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and attach it to this form. Keep in mind that your responses must be in the form of factual statements or findings of fact and supported by evidence . List the finding criteria and then the evidence which supports it . I I hereby certify that the statements and information contained in this application, including the attached drawings and the required findings of fact , are in all respects true andocorrect . I understand that all property pins must be shown on the drawings and visible upon site inspection. In the event that the pins are not shown or their location found to be incorrect , the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: that I produced sufficient factual evidence at the hearing to support this request ; that the evidence adequately justifies the granting of the request ; that the findings of fact furnished by me are adequate , and further that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside , but also possibly in -any structures being built in reliance thereon being required to be removed at my expense . If I have any doubts , I am advised to seek competent professional advice and assistance. Applic nt ' s ig at r lla As owner of the property involved in this request- , I have read and understood the complete application and its consequences to me as a property owner. i ,-Property Owner' s Signature Date NOTICE: Section 15 .04. 240 of the Ashland Muncipal Code prohibits the occupancy of a building or a release of utilities prior to the issuance of a certificate of occupancy by the Building Division AND the completion of all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to insure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities . �z BEFORE THE ASHLAND CITY COUNCIL November 2, 1993 IN THE MATTER OF PLANNING ACTION #90-057, A REQUEST ) FOR REVISIONS AND APPROVAL OF AN OUTLINE PLAN FOR A ) FINDINGS, 4-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS ) CONCLUSIONS OPTION FOR THE PROPERTY LOCATED ON GRANITE STREET NEAR ) AND ORDERS .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. ) APPLICANT: GARY AND DIANE SEITZ -------------------------------------------------------- RECITALS: 1) Tax lot 900 of 391E 08DD is located near the intersection of Granite and South Pioneer Streets and is zoned Single Family Residential, Rural Residential, and Woodland Residential. 2) The applicant is requesting revisions and approval of an outline Plan for a 4-lot subdivision. The applicant had received approval of a 5-lot subdivision by the Ashland City Council in September, 1990. After a long series of appeals and court decisions, the decision of the City was reversed by LUBA and the action was returned to the City Council. The only issue involved with the reversal involved the length of the new cul-de-sac. The applicant requested that a revised plan, with a shortened street be accepted. Further, the applicant, surrounding neighbors, and the City of Ashland, entered mediation in an attempt to resolve other issues not fully addressed under the appealed action. A settlement agreement was reached and signed by all of the involved parties on October 5, 1993. 3) The City Council, following proper public notice, held a Publip Hearing on November 2 , 1993 , at which time testimony was received and exhibits were presented. The City Council approved the application as presented subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Ashland City Council 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. i 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 City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 . 2 The City Council finds that the revised application, as submitted, is in accord with all ordinance requirements in effect at the time of the original application. 2 .3 The City Council finds that the application for a variance from the sidewalk requirements, as outlined and justified in the Staff Report, Addendum V, meets the criteria for approval. 2 .4. The City Council finds that the settlement agreement reached is appropriate and is made a part of this decision. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the City Council concludes that the request for Outline Plan approval for a 4-lot subdivision and variance from the sidewalk requirements is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #90-057. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action # 90-057 is denied. The following are the conditions and they are attached to the approval: 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 be 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 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 time of 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. Nan E: Franklin City Recorder SIGNED and APPROVED this day of . , 1992. Catherine M. Golden Mayor City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 3, 1993 TO: Mayor and City Council FROM: Paul None SUBJECT: Air space license, Macaroni's Ristorante - Allan Sandler On November 2, 1993, the council heard and dismissed its own appeal for a site review regarding the addition of a second story to Macaroni's Ristorante. The addition also includes a balcony projecting four feet into the air space above the public sidewalk in front of the restaurant (58 East Main). The council at that time directed staff to enter into negotiations with Sandler for an agreement for use of the public air space. Negotiations have been successfully completed as to the terms of the airspace license with the exception of three points: 1. The license requires Sandler to pay $120 per month for those months the balcony is in use. (The balcony projects into the public air space for 120 square feet.) Sandler's position is that he should pay nothing for the use of the air space. (He is willing to pay a one-time fee for the administrative expense of preparing the license, or in the alternative, he will pay for the continued use of the air space if everyone else is subjected to a similar requirement.) Sandler's rationale for paying nothing is that no one else does referring to the innumerable signs, awnings and other projections above public sidewalks in the city. He has specifically noted the balcony at Alex's Plaza Restaurant, 35 North Main, the balconies at the Elk's Lodge, 255 East Main, and the substantial projections of the Mark Antony Hotel marquee, 212 East Main and the Varsity Theater marquee, 166 East Main. The resolution of this issue is a policy determination by the council. The balcony at Alex's Plaza Restaurant was constructed before the turn of the century. The balconies at the Elk's Lodge were constructed in 1910. There is no established city policy for signs and awnings which project into the public right-of-way. With the exception of the balcony at Alex's, none of the current projections into the public right- of-way constitute commercial floor space. As a policy matter (policy is not my bailiwick), I think the council should draw the line at awnings and marquees. These intrusions serve a public purpose as a pedestrian amenity. A balcony serves the same purpose, but I think that an intrusion into public air space which increases commercial floor space is a valuable asset for which the public should be compensated. Sandler concedes that if the balcony IE projected over private property, he would have to pay for the right to use private air space. In any case, the balcony can still be constructed without projecting over public air space but such a narrow balcony would not accommodate the several restaurant tables planned for the broader balcony. 2. The license requires Sandler to post a bond to ensure the removal of the balcony when determined necessary by the City'. Sandler's position is that this is an unnecessary expense since the City will have a recorded interest in the restaurant property which will detail the duty to remove the balcony. I agree with Sandler that this requirement will be expensive. I also think, however, that if the city ever requires that the balcony be removed, the city will be facing a long battle with the then owner over its removal despite the clear language in the license that the owner is required to remove the balcony. The bond requirement will alleviate such problems. 3. The license requires that Sandler obtain the consent of the City before the license is assigned to a subsequent owner of the restaurant. Sandler's position is that he does not want the restaurant property subject to such a condition as it will interfere with the marketing of the property. recommend that this provision remain in the license with the additional language that such consent will not be unreasonably withheld. If nothing else, requiring a future owner to obtain the consent of the city will educate the future owner as to the requirements of the license. (p:reaAsmd.meml ' Paragraph 15.1 of the license provides: "Removal of improvements. In the event of termination, regardless of how effected, including termination for need or failure to comply with any provision of this license, Ucensee shall, by the date of the termination, peaceable and quietly leave, vacate completely and surrender the premises, removing those improvements and fixtures placed or made by Ucensee. If any improvements or fixtures are not removed from the premises and the premises are not completely vacated by the termination date, City may proceed to remove the same, and Licensee shall pay City, upon demand, the reasonable cost to City of such removal. D,EC 0 C oafs NPR • , 4. MEMO TO : Ashland City Council FROM . : , ; ' Allan Sandler t DATE : Deaember ,l, 1993 RE : Front patio Macaroni Restaurant 58 E. Main Street I appreciate that this City Council has approved our building a balcony approximately approximate 4' X 29' over the sidewalk area at 58 E. Main Street subject to agreeing to a document of conditions which I have been working on with the City. We have agreed to all points except the followings 1..) Rental Charge: Not acceptable because no one else using the space over the sidewalk area for commercial purposes has been asked to pay rent or sign an agreement. 2. ) Performance Bond: This would be an undue hardship and not necessary. The City would have documents previously recorded, so if they obtained judgement for any non- performance, the . City could put a direct lien on the building as stated by the recorded documents. 3. ) Assignment: I cannot and will not give the City the right to approve or disapprove a lease or a sale of my building. This would create too big a cloud on the title should I decide to sell the building. The document already recorded on the property by the City would carry with the title no matter who owned it and any new owner would be buying the property subject to our agreement with the City. If such agreements are necessary why doesn't this Council formulate a plan for this purpose covering all commercial usage over sidewalks rather than singling out one party out over all others. I will now proceed to prove to you through my research that what I am asking is not only a way of beautifying downtown and increase economic development, but to hire more people and raise more tpxes, and it is just what the City downtown plan has recommended. t - 4 MEMO TO t Ashland City Council DATE : December 1, 1993 Page -2- 1. ) Prior ever to starting this project, I had meetings with the then Planning Director, John Fregonese, and others at the Planning Department. I also had set up meetings with members of the Ashland Historical Commission to carefully go'over the plan concept and the front patio and elevation designs so I would be relatively sure I was developing well within the developed guidelines of the downtown area. All parties made suggestions that were incorporated into the plan. This plan was well received and showed a great working relation between my architect, the Historical Commission, the Planning Department and myself. 2. ) I further researched what we were developing with help from my architect and . the City Planning Department, we uncovered the followingt a) The 1991 Uniform Building code, Chanter 45 •Permanent Occupancy of Public Property". General Sec 4501. This section generally states that. . . no part of any balcony beyond the property line of the building site shall be permitted except as specified in this chapter. Our building shall conform to that code to the letter. As a note, we are now going to be four (4) feet instead of six (6) feet over the sidewalk in order to conform to that building code. Also in the 1991 Uniform Building Code it states: Space below sidewalk - Sec #4503. Again I will conform to the code to the letter. Please note that there is precedent to building balconies such as we are designing due to the fact that there are building codes in place allowing for the building of patios over sidewalks, while at the same time Ashland has no building code or ordinance not allowing it. There are several canes in point not including awnings, all up and down . Main Street. Alex's, which has a balcony, is serving food and drink at present, not its original intended use. The Elk's Club has 5 functional balconies for pedestrian use - not just design. Nothing is stopping them Prop using the balconies fpr ,tool .garvta& lf. they Wptpd.,,$q r - ' f 1 v MEMO TO s Ashland City Council ,. ., DATE s December 1, 1993 Page -p- use them for that purpose. Almost every business has their advertising sign soliciting customers hanging over the sidewalks. Several of the business actually put chairs and tables right on the sidewalk in front'of their business. Several have permanent structures connected to electricity with spot lights right over the sidewalk. Western Bank has a permanent roof over the sidewalk. Mark Antony has a permanent overhang and two balustrades built out over onto the sidewalk, also electrical lights on both the bar and lobby overhangs over the sidewalk. The Varsity Theater has its marque and overhang with neon lights over the sidewalk. Shakespeare has its clock extended over the sidewalk. The Tidings has their paper boxes on the sidewalk right next to my building at 58 E. Main. All the above and many more not named are using the space over the sidewalk and I cannot understand why I am being singled out to be the only business to be charged for what accounts to 4' X 29' area allowing for 8 seats. You also have had no objection from any of the property owners in the downtown area relating to the balcony/patio. The City Planning Department and Commission have given their approval of this effort. b) The Downtown Plan of the City of Ashland and approved by the City Council on July 19. 1988. It generally states several places the concept of encouragement of sidewalk cafes as first noted on page 41, •. . . Ashland has several areas where limited seating can be accommodated but additional areas should be identified and exploited both on public and private lands. . . O Page 45 under Economic Development is a paragraph that puts my project right on target with the downtown plan, and I quote again, I. . . Downtown economic development must enhance the three major downtown markets, local, regional and tourist. Each should be developed without undue concentration on a single one. The resulting economic activity will enhance the existing economy and make it more resilient. * i 4, 7 MEMO TO t Ashland City Council DATE : December 1, 1993 Page -4- The map on Page 28 makes the above paragraph doubly important as it indicates key pedestrian areas and key pedestrian paths which are clearly directed right along Main Street and in front of 58 East Main Street. By opening this area to the public as a patio cafe in a tasteful and appealing manner, we are both serving the public and adding to economic growth of the private sector without compromising, but servicing all of the three major downtown markets as stated in the above paragraph. Again, on Page 49 relating to Plan and Ordinances, with regard to sidewalk cafes, i1A states, I. . . Sidewalk seating for restaurants. As most sidewalks are too narrow to accommodate seating, a plan for widening the sidewalks where appropriate should be included in Phase 1. • In regards to the above paragraph, we do not need the City widening the sidewalks to accommodate sidewalk seating in our patio area. We are going to accomplish this dust by building our patio partly over the sidewalk facing the street so users will be able to enjoy the exterior activities of Main Street and not being any more obtrusive than existing awnings and overhangs. On Page 43, under Redevelopment, •. . . Pedestrian amenities such as a broad sidewalk, arcades, alcoves, colonnades, . porticoes, awnings, and sidewalk seating should be Provided where Possible. • I must say that a comprehensive plan so well thought out and adopted that specifically mentions the same subject so many times in different parts of the Downtown Plan must have been important to the City. So when I read this, I felt that private enterprise could easily fulfill a part of the plan's request witp no inconvenience to anyone and without expense to the City, 3. ) I then submitted my plan to the City. At an official mee4pp with the Historical Commission the patlq was di8c4p4od in". . , MEMO TO s Ashland City Council ' DATE a December 1, 1993 { Page -5- jl . . great detail. I received approval for the plan by all members except . for one. The Planning Department then approved my planning request then a hearing was requested by Shakespeare and one other party. During that hearing in front of the Planning Commission no mention of ,the patio was brought up as relating to negative concerns by the petitioners or the Planning Commission. Shakespeare did not attend the hearing since I showed them the plans and assured them that all elevations prior to start of construction would be consulted by me with them. The Planning Commission members at the hearing unanimously upheld the Planning Department and I proceeded with the plane. e is . n CITY OF ASHLAND -ry gI((yyTY ' ' HALL 1 9 .NO,TFIEGON 97520 • telephone 503)492-3211 --------------- November 19, 1993 Mayor Golden City Councilors City Staff Ashland Voters After having worked for the City' of Ashland for 27 plus years, it is with many emotions that I am submitting my resignation, to be effective December 31, 1993 . Many changes have taken place in Ashland during this period of time and there will be many challenging issues to be addressed in the future. With continued support of the community, the leadership of the Mayor and City Council, the hard work of the City Staff and employees, I know these challenges will be met and Ashland will continue to be a beautiful and thriving City. After over ten years working as a City Employee and almost seventeen years as the elected City Recorder/Treasurer, I would like to thank the Mayor, City Councilors, City Staff, City Employees and the voters in Ashland for their support and friendship during these years. My Best Wishes to you all. . Nan E. Franklin City Recorder/Treasurer i 1 oFASh o f emorandnm December 2, 1993 LI: City Council rum: John McLaughlin, Planning Dire* r ,'�1IIIjPtf: Periodic Review Work Program ORS 197.633 requires local governments to conduct periodic reviews of their comprehensive plans and land use regulations every four to ten years. The City is responsible for evaluating the comprehensive plan and, local zoning ordinances and determine whether plan and ordinance revisions are needed. The Planning Department has determined that amendments to the comprehensive plan and wrung code are 1 required to insure consistency with Oregon State Statutes. the City's Periodic Review Work Program identifies work tasks to be completed over the next two years which reflect changes in the State land use program and the community. t . CITY OF ASHLAND " :�: y CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 October 1, 1993 Richard P. Benner, Director Dept. of Land Conservation and Development 1175 Court Street NE Salem, Oregon 97310-0590 Dear Mr. Benner: Enclosed you'll find the City of Ashland's Periodic Review Work Program. We have included a brief narrative for each Work Program item and an approximate timeline for citizen involvement and public hearings before the Planning Commission and City Council. I would like to thank you for your favorable consideration of the City's previous extension requests. We look forward to any comments regarding the City's Work Program from DLCD and the Periodic Review Assistance Team. Sind y, hn McLaughlin Community Dev pment Director c: Mel Lucas, Department of Land Conservation and Development i s CITY OF ASHLAND Periodic Review Work Program 1. TRANSPORTATION RULE IMPLEMENTATION The City's Transportation Element of the Comprehensive Plan will be revised to be consistent with goals and policies of the Transportation Planning Rule. A Transportation System Plan will be developed addressing bicycles, pedestrians, public transit, mobility, functional classifications, etc. The City's land Use Ordinance has already been amended to comply with the November 1993 deadline requiring the implementation of pedestrian, bicycle and transit friendly ordinances. Timeline Public Study Session = September 28, 1993 Citizen Involvement = November, 1993 Citizen Involvement = March - September, 1994 Plan Draft/Revision = March - September, 1994 Process Plan Draft/Revision = September, 1994 Process Planning Commission Meeting = October, 1994 City Council Meeting = December, 1994 2. CONSISTENCY WITH OREGON REVISED STATUTES (ORS) This will include carrying out several "house cleaning" measures to ensure that the City's Land Use Ordinance text is consistent with Oregon Revised Statutes. Specifically, the "Definitions" section of the Land Use Ordinance will be amended to include State definitions for Mobile Home Park, Residential Homes, Residential Care Facilities and Nondiscrimination. Timeline: Public Study Session = November 30, 1993 Planning Commission Meeting = January 11, 1994 City Council Meeting March 1, 1994 3. HISTORIC RESOURCES ORDINANCE This ordinance would inquire City approval for construction, repair and exterior alterations to significant historic structures contained on the City's local inventory. Currently, such modifications are reviewed as part of the building permit process and recommendations from the Historic Commission are forwarded onto the property owner. The new ordinance would establish review criteria to ensure appropriate preservation, restoration and protection of local landmark buildings. The ultimate purpose of the ordinance would be to carry out the provisions of Statewide Goal 5 to insure appropriate protection of the City's historic resources. Timeline: Public Study Session = January 25, 1994 Public Study Session/Draft = March 29, 1994 Ordinance Ordinance Draft/Revision = April - May, 1994 Process Planning Commission Meeting = June 14, 1994 City Council Meeting = August 2, 1994 4. MINIMUM DENSITY REQUIREMENTS This involves review and adoption of minimum density standards for each single family and multi-family zoning district. The Comprehensive Plan would be amended to include a policy which advocates meeting target densities shown on the Comprehensive Plan map. Timeline Public Study Session = May 31, 1994 Ordinance Draft/Revision.= July August, 1994 Process Planning Commission Meeting = September 13, 1994 City Council Meeting = October 4, 1994 i 5. PERMITTED AND CONDITIONAL USES IN RESIDENTIAL ZONES The City will evaluate existing permitted and conditional uses allowed in single family and multi-family zoning districts. The purpose is to propose changes to these zoning districts which would encourage a mixture of land uses. The project would also assess the impact the conditional use process has on the removal of affordable housing (rentals) from the City's housing inventory through commercial conversion. It is intended for this project to coincide with the revision of the City's Transportation Element. The goal is to facilitate implementation of the Transportation Planning Rule by focusing on the connection between land use and transportation, by providing frequented destinations within a "walkable" neighborhood. Timeline: Public Study Session/ = May 31, 1994 Initial Draft Ordinance Draft/Revision = August - November, 1994 Process Planning Commission Meeting = January, 1995 City Council Meeting = March, 1995 6. OPEN SPACE AND PARKS PLAN IMPLEMENTING ORDINANCES This would involve developing ordinances which would allow the City to require the dedication of open space and conservation easements as part of partition, subdivision and site plan review applications. These areas have been identified on the City's Open Space and Parks Plan, and preservation of these sites is mandated through existing Comprehensive Plan policies. Timeline: Public Study Session = June 28, 1994 Ordinance Draft/Revision = July - August, 1994 Process Planning Commission Meeting = September 13, 1994 City Council Meeting = October 4, 1994 7. WETLAND PROTECTION ORDINANCE This project will involve the evaluation of current land use regulations governing the alteration of wetland sites within the City Limits. The City will consider amending local ordinances, adding a sections which set development standards for areas containing jurisdictional wetlands. This adoption process may begin sooner than the date listed below, pending funding approval. The purpose of the ordinance is to provide a local permitting process for significant wetland sites, while still recognizing and ensuring that State and Federal permitting processes are carried out. Timeline Public Study Session October 25, 1994 Ordinance Draft/Revision = January - February, 1995 Process Planning Commission Meeting = March, 1995 City Council Meeting = May, 1995 8. PUBLIC SERVICES ELEMENT AMENDMENTS In 1992, a study entitled - "Enrollment Changes and the Causes of Change".was generated for the Ashland School District. This study was funded by the Ashland School District and compiled by a local planning consultant. The City intends to incorporate data and findings from the study into the Public Services Element of the Comprehensive Plan. Timeline: Public Study Session = November, 1994 Planning Commission Meeting = March, 1995 City Council Meeting = April, 1995 9. ASHLAND MUNICIPAL AIRPORT MASTER PLAN The previous Airport Master Plan had been revised in 1982 by Wadell Engineering. This project involved an update of that plan, which acts as a guiding document for the future development of airport facilities. Timeline: Public Meetings Before Airport =. February 1990 - ApAI 1991 Commission Planning Commission Hearing = December 8, 1992 .City Council Hearing = February 23, 1993 (Adopted) 10. SEWAGE TREATMENT This involves reviewing the prospect of instituting a basin-wide management approach for dealing with Ashland's sewage treatment needs. The City of Ashland is currently working with the Governor's Office, Department of Environmental Quality, Oregon Department of Fish and Wildlife„ Oregon Department of Agriculture and Oregon Water Resources to evaluate water quantity, by considering non-point and point sources. The Department of Environmental Quality has suspended the City of Ashland's due date for choosing an option to meet new water quality standards. This is to allow additional time for review of non-point and point water sources. Once this study is completed, the Ashland City Council will decide between the suggested alternatives. Timeline: City Council Meeting on Sewage = May, 1994 (Approximate) Treatment Plan Selection ,C RVCDC ROGUE VALLEY COMMUNITY DEVELOPMENT CORPORRTIOH Mary Lee Christensen November 14 , 1993 Bank ofAmerica,Ashland Branch Manager PAPI Fred Berger Dear Council Member; Domiclllary,Care for Homeless Veterans Program John Steller The Rogue Valley Community Development Construction Worker Rogue Valley Fek Share Corporation' s second Ashland Affordable Housing MITI Nelson Project is underway. This project known as Struve Director of CERVS Subdivision will be construction of ten homes for Community Emergency purchase by low income applicants living or Resources and Vital Services working in Ashland. Steve Hauck Ashland City Council,CERVS Rather than outline specific items of interest in Jan onsmey this cover letter, lease refer to pages or Consumer Credit Counseling Service P P g . Jan Vaughn paragraphs highlighted in the Business Plan. Pages Veterans Admin.Outreach 1 through 6 contain pertinent and vital information Harry B.Marshall,Jr. for your consideration. Real Estate Broker Member So-REDI We anticipate the Developer having the lots ready Pet Mahony for construction to commence by April 1994 . Catholic Community Servk:es of Souther Oregon RVCDC' S request of the Council at this time; is for Rich Rohde the City of A land -to extend a letter of Director of Rogue Valley Fair Share commitment three funding requests we have Jerry Burns outlined in our Business Plan: Western Bank,Vice President Senior Credit Officer A: $100, 000 from Community Development Block Joan Middendom Grant Medford Board of Realtors B : $40 , 000 from the Affordable Housing Trust Fund Housing Needs Chairman C: City of Ashland deferred system development Julle Burns charges Medinger/Slms Construction Charles Stutts Oregon Housing and Community Service has granted Veteran $100 , 000 to the RVCDC for this low, income home ownership project . RVCDC' S requests the letter (time being of the essence) to complete the requirements which will enable us to draw from the Oregon State Housing Trust Grant which will be used immediately to secure the lots, hire a 3/4 time Executive Director and a 1/2 time Clerk to help further our present project and prepare us for future endeavors . 33 N. Central, Suite #415 .Medford, OR 97501 9 (503) 734-2355 The Rogue Valley Community Development Corporation board asks that the City of Ashland consider us as a partner in future projects using the Community Development Block Grant funds for our mutual benefits . Sincerely, Maarr�yLee Christensen RVCDC/Board Member/Project Mgr. CC : Brian Almquist Dick Wanderschied R�'CUC Ashland ►lousing 6usiucss 1'1:111 Pan II: Pi-oject Desci** oiz general description The project is called Struve Subdivision, RVCDC Homes For Low Income Ownership Project. 'The land proposed for this development is located on Oak, below Hersey, in the City of Ashland. Ten detached, single family dwellings will be built, for which two floor plans are proposed: a two bedroom and a three bedroom. The units will be made affordable by the purchase of land below market value, efficient architectural design, state and local government grants, deferred systems charges, and long term mortgage financing loans and loan guarantees from the Farmer's Home Administration 502 Programs. Credit counseling and homeownership training opportunities will be provided by the RVCDC in cooperation with other agencies in Jackson County. Long term affordability will be assured through the use of sleeping second mortgages on deferred charges and through recapture clauses on loan subsides. Poplar Place Associates are combining two lots into the one subdivision. The lots are both shown on the County Assessor's map #391E4CD. They are, respectively, Tax Lot #100 and Tax Lot fl 200. Please see Appendix B for a map showing where the lots are located and the site plan. Land purchase The land being considered is part of a larger subdivision being'developed by Poplar Place Associates. The lots for the RVCDC will be purchased level and with the infrastructure already in place (including prior land use investigation, zoning approvals and any conditional use approvals). Larry Medinger, a long time supporter of RVCDC activities, is the primary contact with Poplar Place Associates. The land is under negotiation but both the RVCDC and Poplar Place Associates are working with a figure of$30,000 per lot. As the letter from Larry iMedinger included as Appendix D indicates, the final negotiated price will be approximately $6,000 below market value. RVCDC board member and real estate broker Harry B. Marshall, Jr. reviewed recent sales of comparable lots in the immediate vicinity of the Struve Subdivision. One lot was found to be almost a perfect match in terms of size, location, and infrastructure. That lot sold for $34,000. One difference between the lot that sold and the ten lots proposed for purchase is the immediate neighborhood. The Struve Subdivision will be a new neighborhood on a new street. This difference should enhance the value of individual lots. The search for comparable properties revealed that of the active listing=s for all vacant lots in Ashland one was found with an asking price of$37,000. All other listings were at $47,000 or more. The RVCDC negotiating team is headed by board member Mary Lee Christensen. Mary Lee has had extensive experience in loan financing and private business practices. She is a retired branch manager of the Bank of America, Ashland branch. Part 11: Project Description 10:05,%93 -page 3 Neighborhood description The maps included as Appendix B show the position of the property in relationship to the Ashland downtown area and adjacent cities. Ashland is well known for the Shakespearean Festival, Southern Oregon State College, beautiful parks, and expansive surroundings. All of these features are within easy reach of the property being considered. The subdivision is located five blocks from the downtown district of Ashland. Seven units are located on the north side of Crispin Street and two units are located on the west side of Crispin Street. • Schools — The subdivision is located approximately eight blocks from Hellman Elementary School and less than one mile from Ashland High School. • Transportation — The nearest bus stop is located five blocks from the subdivision, providing service to Medford and surrounding communities. Taxicab service is available. • Medical facilities— Ashland Community Hospital is located twelve blocks from the subdivision. Ambulance service is available. • Shopping areas — a major grocery store is located three blocks from the suMNision. Other major shopping centers are within a five mile radius. • Social service facilities — The welfare offices and other social service organizations are located within five blocks from the subdivision. Layout and design The ten units being produced by the RVCDC are an integral part of a larger subdivision. All lots of the larger subdivision are being developed, e.g., sury eying grading and infrastructure, by Poplar Place Associates. The final plat sip off by the City of Ashland is expected in mid to late October. The RVCDC is purchasing lots that have already been laid out. Please see Appendix B for a copy of the site plan- There will be two sizes of houses both will be using a similar ranch style design_ The two bedroom design will have a maximum of 865 square feet of heated space. The three bedroom will have a maximum of 1000 square feet of heated space. Both will have a one car garage. Please see Appendix C for preliminary floor plans and design sketch_ Final plans will be from stock designs. The architect for the State of Oregon Housing and Community Services, Nrictor Smeltz, will be reviewing the building and site plans. He will provide alternative sketches and concepts for other models to provide variety-and improve affordability. A drafting service will be used to create working drawings, suited to the various design ideas, from the original plans. Prices for this service range from S.50 to S l.25 per square foot. Assuming no more than five variations on the basic themes, the total architectural and design cost may be less than 53000. Construction pricing These units will be built at the lowest possible cost, using acceptable building practices. The price per square foot mac range from S44 to S58 for heated space according to an informal poll page 4 Part II. Project Description /0.05193 RNICDC Ashl:und Ilvusing Business Plan i conducted by the RVCDC. Lumber prices are unstable and may greatly impact the cost. For the purposes of this proposal the RVCDC is using a moderate construction price per square foot of $51 for heated space and $19 for unheated. Contractor The RVCDC has not yet decided upon a building contractor. Developed plans and budgets will f' be distributed to contractors interested in building affordable housing. The builder will be chosen based upon their estimated cost per square foot, their acceptability to funding sources, and their interest in providing quality homes at affordable prices. -Funding sources There are five primary sources of funds for this project: Oregon Housing Trust Fund, City of Ashland CDBG entitlement fund, City of Ashland Affordable Housing Trust Fund, City of Ashland Deferred Service Development Charges, and FmHA 502 Program. Of these sources, only Oregon Housin.- Trust Fund is a committed source. Please see the Project Pro Forma in Appendix A. iOregon Housing Trust Fund Oregon Housing and Community Services has granted $100,000 to the RVCDC for this low income home ownership project. The RVCDC is currently requesting $30,000 of those funds to obtain site control, fixing the cost of land at below market rate. The RVCDC is requesting that the remaining $20,000 be used for services and developer's fee and be advanced for use as working capital. CDBG entitlement fund The City of Ashland, an entitlement jurisdiction, will receive a Community Development Block Grant for fiscal year 1993-94 in the amount of$250,000. The CDBG funds will be awarded to local social agencies and non-profit organizations by the City on a competitive basis. As a non-profit housing provider, the RVCDC is eligible to receive CDBG funds from the City. The City has recently completed its required Comprehensive Housing and Affordability Strategy, a requirement for the City to access the CDBG funds. That strategy includes low income homeownership opportunities as a high priority item. The RVCDC will be requesting $100,000 of the CDBG funds to be.used for this project. The RVCDC expects the Ashland City Council to be ready to,make decisions on the use of these funds by mid to late November 1993. Council members and city planning staff are currently being contacted in preparation for the request for funds. Ashland Affordable Housing Trust Fund Set aside from a previous RVCDC and City of Ashland joint housing venture is $70,000 that the City has designated for affordable housing. The RVCDC is requesting $40.000 of that money be used for this project. Within the next several weeks the RVCDC will be formally approaching the city council with this request. Ycrrt 11: Project Desciiplion 10.-05.%93 page 5 Eity of Ashland deferred Service Development Charges The City has a policy of deferring SDCs for low income housing projects of this type. Within the next several weeks the RVCDC will be formally approaching the city council to request that charges be deferred for this project. EmHA,502 Program Farmer's Home Administration's 502 loan guarantee program has been chosen by the RVCDC . for assistance with the long term financing for this project.The local FmHA office has indicated a willingness to work with the RVCDC on this project. ` I , CDBG Fund Administration M The award of City of Ashland CDBG funds will comply with the procurement policies for the CDBG rules and regulations. The City of Ashland will be responsible for the General Administration of the funds. The RVCDC will be responsible for the Program Administration of the funds. General Administration The City of Ashland will be responsible for: Environmental impact review report Housing element certification Grantee performance reporting Periodic fiscal and annual auditing And other general administrative functions as required Program Administration The RVCDC will be responsible for: Operation of the housing project including site acquisition, staffing, and operating costs Periodic project monitoring Bidding and contracting functions for the development and construction of the project Recordkeeping of project costs, approval of payments to contractors, and other project related activities And other program administrative functions as required . Construction Financing Western Bank has expressed an interest in providing the construction financing for these ten units. Please see Appendix D for a letter expressing their interest. page 6 Part II: Project Description 10105193 RVCDC Ashland housing 1.311siness Ilan Part 111: The Market General considerations Non-profits often respond to heed. They operate in situations and markets in which customers need products or services they cannot afford. Like any other business, nonprofits must offer a product that meets a need, is in demand and is acquired at a price that can and will be paid by the target customer group. A need clearly exists for low income ownership opportunities in Ashland. The purpose of this section of the business plan is to ensure the RVCDC meets a need that is in demand, and to analyze potential opportunities, challen,es and dangers inherent in marketing the development proposed by this plan. Supply of existing housing According to the 1990 Census of Population and Housing', of the 585 rental households earning from 31 to 50% of HAW-12 within Ashland, 482 fall within the HUD category of households with housing problems. Of the 280 owner-occupied households earning at the same level, 163 fall within the category of households with housing problems. Clearly the supph of existing housing for people earning within the range targeted by this business plan is inadequate. Housing that has problems is defined as a unit that is lacking a complete kitchen, lacking complete plumbing, having more than 1.01 persons per room (overcrowded) or paying more than a 30°'o cost burden. Oregon's 1992 Five-year Comprehensive Housing Affordability Strategy (CHAS) targeted as top priority all households lacking safe, decent, aflordable housing and that make less than 50% of the local median income (and some households that make less than 800/'o of median in come). The tindinLS that led to this priority rating at a statewide level are reflected at the level of Jackson County, and are certainly pertinent to the situation in Ashland. The 1990 Census also reported' that of 7,204 total housing units in Ashland only 75 owner-occupied units had a specified value of less than $50,000. While 1.20S owner-occupied units had a value of$50,000 to $99,000 we can assume that vast majority of those units are closer to the 599,000 range than the lower range. Opportunities for the purchase of housing priced within the range of our target population are very rare, and those houses that do fall within the acceptable price limits will undoubtedly be in poor repair. Data provided by Southern Oregon Regional Services Institute (SORSI). SOSC ' HAMFI = HUD adjusted median fancily income Demand for low income ownership !' Ashland is a highly desirable place to live. It is an artistic and educational community with an* ! economic base of tourism. The Shakespeare Festival, Southern Oregon State College, the soon to be built Natural History Museum, beautiful parks, and expansive surroundings Live Ashland a /'crrr Ill: Yhc Aforkel 10%O5,93 page 7 RVCDC Ashland Housing Business Plan meat diversity. However, its history of diversity is being endangered by the gentrification process. The escalating price of existing housing relative to other areas of Jackson County shows this very clearly. People who work in the arts, education, service and tourism industries are being driven out of Ashland by the high cost of housing. There is a large demand for housing priced at all levels within the Cin of Ashland. Often, housing priced within the range acceptable to our targeted population still be acquired by a more affluent person and then remodeled. Either the owner will then live in the unit or it will be turned back to the market at a price our target population cannot afford. The vacancy rate for rental units is usually below 2% which indicates a high demand for housing. The vacancy rate for Jackson County recently went up to 5%, as occasionaly happens when newly constructed units open for occupancy. The demand for ownership opportunities by low income people may be masked by the frustration experienced during a search for affordable homeownership opportunities; with one view of prices in the'houses for sale' section of the local newspaper the search simply ends. Number of eligible consumers The primary source of eligible consumers is people currently Living in Ashland who earn under 50% of median income and are not currently homeowners. Excluding the population earning less than 31% of median (those having a higber probability of credit problems), there are 585 households within the eligible range who currently live within the City of Ashland. Housing Data for the City of Ashland Population Category At or Below Median 31-50% 1-LATOYI Income (HAMFT) All Households 1.839 865 Homeowners 444 280 Renters 1,395 585 All Family Households 558 325 Homeowners 166 96 Renters '92 229. All data Ban 1990 Census,Oregon CHAS,and HUD. Research prodded to SORSI/SOSC. Following is a than showing the number of people working for several major employers in Ashland. The chart does not show the number of part time workers and does not show the number of workers who have families with two incomes. However, the 385 low income people represented page 8 Part III: The Market 10 05.193 RVCDC Ashland Housing Business flan in the chart are a strong indicator of the number of people working in Ashland within the targeted income level. Employment Data for Major Employers within the City orAshland Full time employees earning less than $17,800 per year Croman Corporation 40 Shakespeare Festival 150 City of Ashland 10 Southern Oregon State College 80 Ashland School District 105 Total 385 . All data from RVCDC informal phone poll. September 199 The secondary source of eligible consumers are those people working in Asliland but not currently living there. Exact numbers are not available that indicate how many people work in Ashland with income levels at or below median. We can assume, however, that given the income level ofjobs in the arts, education, service, and tourism industries more than 200 additional people would qualify from this source. The total population of eligible households not currently homeowners living within Asliland is . 1,395. Adding the 200 potential households working but not living in Ashland we have a source of eligible consumers of approximately 1,600. The first and foremost limitation on the number of eligible consumers is their status as low income people, as imposed by a $100,000 grant from OHCS. Of the ten housing units.we will be building, two must be for people earning under 80% of median income and the remaining eight must be for people earning under 50% of median income. The number of eligible consumers is also limited by the self-imposed restrictions placed by the RVCDC: mainly that these units be provided to people currently living or working within the Ashland city limits. The City of Ashland may impose this restriction as a requirement for access to their City of Ashland Affordable Housing Trust Fund. Further restrictions may be placed by the federal government if Community Block Grant Funds are used to subsidize the housing costs. Another area of limitation is the ability of the consumer to show credit-worthiness. By working xvith the Consumers Counseling Service we hope to eliminate any major limitations this may impose upon our market. The RVCDC is currently asking eligible people to apply with the Farmers' Home Administration's 502 Program. The primary•strategy for this activity is to ask city; state, federal, and county employees who already work or live in Ashland to apply, ask major employers within the city limits to announce the opportunity, and publicize a general request for applicants through local news media_ Please see section Vl, 'Marketing for further details. Part III. The Moiket 10105193 page 9 RVCDC Ashland Housing Business Plan Competition There is no real competition from for-profit developers for the low income homebuyers targeted by this plan since housing for this range requires deep subsidy. No other non-profit is currently working to provide this type of housing in Ashland. Private developers are more interested in construction for median to high income buyers. As their primary effort in providing affordable homeownership opportunities the local government is working in conjunction with the RVCDC on this project. Consideration has been given to the availability of housing stock in nearby Talent, but the preference toward living in Ashland will usually take precedence in a selection process. Key demographic information The 1993 median income for Jackson County. according to HLD: 556,000 Ashland as a whole according to the 1990 US Census data: Total population: 16.234 Median age: 35 Age 25-45 (target): 5.126 Contract renters paying $500 to 5749 cash rent (high target): 538 Contract renters paying 5250 to $499 cash rent (target): 2,168 Market trends The City of Ashland has a growing tourism industry This tends to provide jobs that pay wages less than those necessary to rent or own within the city limits. This trend is expected to continue over the next five to ten years. Housing costs have gone up dramatically in the last several years. Realtors in the area expect this to continue for Ashland real estate. Few realtors expect that prices will decrease in the near fimire, even though the rate of increase may diminish. Due to its location in a narrow valley there is a definite limit to the number of houses the City of Ashland is capable of supporting. That limit will eventually drive the price of housing higher. The stock of housing available for ownership by low income people working or currently living in Ashland will only diminish unless organizations like the RVCDC work in partnership with private and governmental organizations to provide such housing. page 10 Part III. The Market 10/05193 RVCDC Ashland llollslll�g Itllsllless I'lan Pricing The price of each unit must be subsidized considerably to create any level of opportunity for low income people to purchase them. Please see Appendix A: following the Project Pro Forma is a breakdown of cost, subsidy, and price per unit type. Through an almost 29% subsidy, and the help of FmHA loan programs, the units can be brought within the range of low income people. This plan is using Farmer's Home Administration's 502 Program. Current FmHA limits on individual mortgages are $20,000 to $30,000 below the per unit cost of land and construction for this project. The price charged by the RVCDC must include a reasonable return. A reasonable return is one that will allow the RVCDC to develop the next project as well as cover the operating expenses required for the current project. This return will be generated through developer fees and development administration charges. Economic environment Land in Ashland is among the most expensive in Oregon. We have the opportunity to purchase developed lots for this project at below market rate from a local developer. The RVCDC benefits by having the cost of negotiations, land search, and division planning subsidized by the developer's efforts on our behalf Regulatory environment The City of Ashland imposes certain design characteristics that must be matched to Farmers' Home Administration's requirements. These design characteristics x\ill increase the cost of each unit because the RVCDC will not be allowed to build 'boxes without dFiVC\Vat's.' Because the RVCDC plans to use CDBG grant ntonev to subsidize the cost of development, the cost will probably increase because the federal government will require compliance with a variety of environmental, fair housing, employment, health and safety re-ulations. The use of Farmer's Home Administration financing may Impose additional restrictions. Political environment The RVCDC is fortunate in the mutual support provided with the City of Ashland and the State of Oregon. Elected officials are generally supportive of the plans to provide these ten units of housing for ownership. Ashland's 1993 Comprehensive Housing Affordability Strategy (CHAS) identifies needs which may present some competition for City of Ashland Affordable Housing Trust Fund money, as well as CDBG entitlement funds. This competition can be offset through participation by the RVCDC in city council meetings and educational efforts The purpose of such activities would be aimed at Poi 11/1. Die A4arhe1 10.051 93 po ge I I RVCDC Ashland Housing Business Plan showing the importance of these ten units and how difficult providing such opportunities will become in the near future. i3 7 ptz-e 12 Part III. The Market 10105.93 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2693 BY REPEALING ALL ASSESSMENTS FOR THE RAILROAD PARR EXCEPT FOR THE ASSESSMENT ON LOT 10 OF THE RAILROAD VILLAGE SUBDIVISION OWNED BY THE CITY OF ASHLAND. RECITALS: A. Ordinance 2693 imposed assessments of real property located within the Railroad District for acquisition and development of the Railroad Park. B. The food and beverage tax has been adopted by a vote of the people and was not repealed at the last election. Funds from this tax are dedicated for the acquisition of open space which includes the Railroad Park. At the time the local improvement district was being formed for the Railroad Park, the City represented that properties would not be assessed for the park if the food and beverage tax was implemented. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The local improvement district established by Ordinance 2693 is modified in the following manner: The district shall consist only of the park property itself, that being Lot 10 of the Railroad Village Subdivision, City of Ashland, Jackson County, Oregon. All other properties assessed for this district in Ordinance 2693 are removed from the district and all assessments against those properties are repealed. The foregoing ordinance was first read by title only in accordance with Article X, Section 2'(C) of the City Charter on the day of , 1993 , and duly PASSED and ADOPTED -this day of , 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1993. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 1-AMENDING ORDINANCE (p:psdcs\rspMd.0t2) RESOLUTION NO. A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON NOVEMBER 9, 1993. RECITALS: A. The City Council of the city of Ashland met on the 7th day of December, 1993, at the City of Ashland's Civic Center and proceeded to canvass the vote cast at the election held in and for the city of Ashland on the 9th day of November 1993. B. The Council has canvassed the vote and has determined the number of votes for the measure as follows: 15-1 Repeals Food and Beverage Tax Yes 3.093 No 3.223 15-2 Reduces Food and Beverage Tax if State Sales Tax Adopted Yes 3.432 No 2.175 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Measure 15-1, which would have repealed the food and beverage tax adopted by the voters in March 1993, is declared to have failed, and Measure 15-2, which would have reduced the food and beverage tax from five percent down to one percent if the state tax had been adopted and would prevail over Measure 15-1 if it received the most affirmative votes, is declared to have passed. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of December, 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of 1993. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney (.Acoun cil\eleRicn.res l PROCLAMATION I, Catherine M. Golden, Mayor of the city of Ashland, Oregon, do proclaim that at the election held in the city of Ashland, Oregon, on the 9th day of November, 1993, there was submitted to the voters two competing measures relating to the food and beverage tax within the city of Ashland. The first of these measures, 15-1, would have repealed the food and beverage tax adopted by the voters in March 1993. This measure failed. The second of these measures, 15-2, would have reduced the food and beverage tax from five percent down to one percent, eliminating the sewage treatment funds, if the state tax was adopted. While the state tax was not adopted, this measure received more affirmative votes than 15-1, making it the prevailing measure. Dated at Ashland, Oregon, this day of December, 1993. Catherine M. Golden, Mayor (s:\council\procln n.Mb) ABSTRACT ELECTION REPORT Special State Election - Jaekaon County November 9, 1993 T C P l Y N 1 Y N Logical Page 8 02-01 u u e 5 e o 5 e e r r r e - a n r c 1 2 o e e u n n R R t t t e a P d T R v e u h e o a c i 9 t 1 e s i i e s e n H t g F F 1 r o 0 e a 0 0 c t d d t i l o B B o n e e a v v City Of Ashland T T x x 1 Ashland 434 659 65.9 192 220 214 164 2 Ashland 385 621 62.0 172 197 205 131 3 Ashland 469 645 72.7 171 278 233 168 4 Ashland 402 649 61.9 197 189 208 118 5 Ashland 379 587 64.6 165 198 179 156 6 Ashland 428 746 57.4 208 210 222 148 7 Ashland 370 629 58.8 170 191 187 134 8 Ashland 411 760 54.1 194 203 217 139 9 Ashland 389 742 52.4 200 177 232 112 10,16 SOSC/Ashland 416 748 55.6 188 215 231 129 11 Ashland 382 649 58.9 224 147 212 110 12 Ashland 362 585 61.9 203 149 182 lie 13 Ashland 423 632 66.9 229 169 226 130 14 Ashland 430 652 66.0 222 192 220 126 15 Ashland 423 609 69.5 185 226 220 145 17 Ashland 452 670 67.5 173 262 244 147 GRAND TOTAL 1,555 )D,503 (,L9 '3093 It23 3431 21 5 I certify the votes recorded on this abstract correctly Signature of sauntyaIork Date of abstract summarize the tally of votes cast at the election indicated. /f3 ABSTRACT OF VOTES AT GENERAL AND ABSTRACT OF VOTES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic,Republican,Nonpartisan and other Votes cast for govemor must be on separate candidates. page or pages. Separate sheets for candidates for city,county(including precinct)and state offices. RESOLUTION NO. 93- A RESOLUTION ADOPTING A SEWER RATE SCHEDULE PURSUANT TO SECTION 14.08. 035 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Sewer Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the sewer rates inside and outside the city limits. SECTION 2 . Three (3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3 . The rates adopted pursuant to this Resolution shall be effective for billings on or after April 1, 1994 . SECTION 4. The rates adopted in Exhibit "A" shall be increased to account for inflation annually on April 1st, based on the Consumers Price Index - All Urban Consumer Portland Index (CPI-U) December to December, provided that no other increases were implemented within the last twelve months. The City Administrator will provide the City Council with a review of the rates annually. SECTION 5. Resolution 92-55 is repealed upon the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1993 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of December, 1993 . Pali Catherine M. Golden, Mayor Reviewed as to Form EXHIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE RESOLUTION NO. 93- ADOPTED DECEMBER 71 1993 EFFECTIVE DATE APRIL 1, 1994 All sewer service provided by the City of Ashland will be in accordance with Chapter 14 .08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS Single Family Residential Monthly Service Charge $10. 00 Quantity Charge $ 1. 09/100 cf Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (cf) per month. Winter Consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1, the bill will be adjusted based on the water usage during the previous three months. Multi-Family Residential Monthly Service Charge per Unit $10. 00 Quantity Charge $ 1. 09/100 cf Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter Consumption is defined as the average of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is attached to the same water service. Annually on April -1, the bill will be adjusted based on the water usage during the previous three months. Commercial . Industrial and Governmental Monthly Service Charge $10. 00 Quantity Charge $1.34/100 cf Quantity Charge is based on actual monthly water consumption. SEWER RATES EXHIBIT "A" PAGE 2 2. ADJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user . is less than 60% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodology for Special Cases for City Administrator 1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. Monthly Service Charge $10. 00 Quantity Charge $ 1. 34/100 cf Quantity Charge is based on average winter water consumption. Winter Consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April 1, the bill will be adjusted based on the water usage during the previous three months. 2 . Bed and Breakfasts and Ashland Parks Bathrooms Monthly Service Charge $10. 00 Quantity Charge $ 1. 34/100 cf Quantity Charge is based on winter water consumption. Winter Consumption is defined as the average of the water meter readings taken in the months of January, February and March. Annually on April 1, the bill will be adjusted based on the water usage during the previous three months. B. Water sold through an irrigation meter is exempt from sewer user charge. 3 . SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14. 08 .030 of the Ashland Municipal Code. B. The sewer rates for outside the city limits shall be two (2) times the sewer charges for inside the city limits. Unmetered residential accounts will be calculated on an average winter usage of 700 cubic feet of water. RESOLUTION NO. 93- A RESOLUTION ADOPTING WATER RATE SCHEDULES PURSUANT TO SECTION 14.04. 030 OF THE ASHLAND MUNICIPAL CODE. Y THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Water Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the water rates for use and sale of water inside and outside the City limits from the municipal water system. SECTION 2 . Three (3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3 . The rates adopted on Exhibit "A" shall be increased to account for inflation annually on January 1st, based on the Consumers Price Index - All Urban Consumer Portland Index (CPI-U) July to July, provided that no other increases were implemented within the last twelve months. The City Administrator will provide the City Council with a review of the rate structure annually in the budget. SECTION 4 . The rates adopted pursuant to this Resolution shall be effective with water meter readings . taken on or after January 1, 1994 . SECTION 5. Resolution 92-58 is repealed on the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of December, 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of December, 1993 . Catherine M. Golden, Mayor Reviewed as to form EXHIBIT "A" CITY OF ASHLAND, OREGON WATER RATE SCHEDULE RESOLUTION NO. 93- ADOPTED DECEMBER 7y 1993 EFFECTIVE DATE JANUARY 1, 1994 All water service provided by the City of Ashland will be in accordance with ,Chapter 14 . 04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE. The basic service charge applies to all metered water services and does not include any water consumption. 0.75 Inch Meter $ 8 . 30/month 1 Inch Meter $ 11. 20/month 1. 5 Inch Meter $ 15.75/month 2 Inch Meter $ 20.75/month 3 Inch Meter $ 41.50/month 4 Inch Meter $ 66. 40/month 6 Inch Meter $ 124. 50/month 8 Inch Meter $ 207. 50/month B. WATER QUANTITY CHARGE. All customers will be charged the following rates per cubic feet of water used. Single Family Residential Consumption 0 to 300 cf per month $ 1. 04 300 to 1000 cf per month $ 1. 16 1000 to 2500 cf per month $ 1. 53 Over 2500 cf per month $ 1.94 Multi-Family Residential Consumption 0 to 300 cf per month per unit $ 1. 04 300 to 1000 cf per month per unit $ 1. 16 1000 to 2500 cf per month per unit $ 1.53 Over 2500 cf per month per unit $ 1.94 Non Residential Consumption 0 to 50, 000 cf per month $ 1. 21 Over 50, 000 cf per month $ 1. 25 WATER RATES EXHIBIT "A" PAGE 2 C. TID IRRIGATION WATER RATES Unmetered Service $48.50/acre or portion of an acre Metered Service Base Service Charge Same as A, above Water Consumption $0. 19 per 100 cf D. BULK WATER RATE. For water provided on a temporary basis through a bulk meter on a fire hydrant the following charges apply. Deposit* $715.00 Basic Fee $ 80. 00/installation Cost of Water Same as Commercial * Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench and/or hydrant. 2 . RATES OUTSIDE THE CITY LIMITS A. All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. H:\j ill\wp\council\swr.rm RESOLUTION NO. 93- A RESOLUTION ADOPTING WATER RATE SCHEDULES PURSUANT TO SECTION 14.04.030 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Water Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the water rates for use and sale of water inside and outside the City limits from the municipal water system. SECTION 2 . Three (3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3 . The rates adopted on Exhibit "A" shall be increased to account for inflation annually on January 1st, based on the Consumers Price Index - All Urban Consumer Portland Index (CPI-U) July to July, provided that no other increases were implemented within the last twelve months. The City Administrator will provide the City Council with a review of the rate structure annually in the budget. SECTION 4. The rates adopted pursuant to this Resolution shall be effective with water meter readings taken on or after January 1, 1994. SECTION 5. Resolution 92-58 is repealed on the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of December, 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of December, 1993. Catherine M. Golden, Mayor Reviewed as to form Revised December 6, 1993 EXHIBIT "A" CITY OF ASHLAND, OREGON WATER RATE SCHEDULE RESOLUTION NO. 93- ADOPTED DECEMBER 7, 1993 EFFECTIVE DATE JANUARY It 1994 All water service provided by the City of Ashland will be in accordance with Chapter 14. 04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE. The basic service charge applies to all metered water services and does not include any water consumption. 0. 75 Inch Meter $ 8. 30/month 1 Inch. Meter $ 11.20/month 1.5 Inch Meter $ 15. 75/month 2 Inch Meter $ 20.75/month 3 Inch Meter $ 41.50/month 4 Inch Meter $ 66.40/month 6 Inch Meter $ 124.50/month 8 Inch Meter $ 207. 50/month B. WATER QUANTITY CHARGE. All customers will be charged the following rates per cubic feet of water used. Single Family Residential Consumption 0 to 300 cf per month $ 1. 04 per ccf 300 to 1000 cf pei month $ 1. 16 per ccf 1000 to 2500 cf per month $ 1.53 per ccf Over 2500 cf per month $ ' 1.94 per ccf Multi-Family Residential Consumption 0 to 300 'cf per month $ 1. 04 per ccf 300 to 1000 cf per month $ 1. 16 per ccf 1000 to 2500 cf per month $ 1. 53 per ccf Over 2500 cf per month $ 1.94 per ccf Non Residential Consumption 0 to 50,000 cf per month $ 1.21 per ccf Over 50, 000 cf per month $ 1.25 per ccf Revised December 6, 1993 WATER RATES EXHIBIT "A" PAGE 2 C. TID IRRIGATION WATER RATES Unmetered Service $48.50/acre or portion of an acre Metered Service Base Service Charge Same as A, above Water Consumption $0. 19 per 100, cf D. BULK WATER RATE. For water provided on a temporary basis through a bulk meter on a fire hydrant the following charges apply. Deposit* $715. 00 Basic Fee $ 80. 00/installation Cost of Water Same as Commercial * Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench and/or hydrant. 2 . RATES OUTSIDE THE CITY LIMITS A. All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. HAjiIDwp\co iRswr.m Revised December 6, 1993 nay RESOLUTION NO. 93- A RESOLUTION ADOPTING A SEWER RATE SCHEDULE PURSUANT TO SECTION 14.08.035 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY. COUNCIL.OF THE-CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The. "Sewer Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the sewer rates inside and outside the city limits. SECTION 2 . Three (3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3 . The rates adopted pursuant to this Resolution shall be effective for billings on or after April 1, 1994. SECTION 4. The rates adopted in Exhibit "A" shall be increased to account for inflation annually on April 1st, based on the. Consumers Price Index - All Urban Consumer Portland Index (CPI-U) December to December, provided that no other increases were implemented within the last twelve months. The City Administrator will provide the City Council with a review of the rates annually. SECTION 5. Resolution 92-55 is repealed upon the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1993 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of December, 1993. n 1 Catherine M. Golden, Mayor Reviewed as to Form Revised December 6, 1993 EXIHIIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE . RESOLUTION NO. 93- ADOPTED DECEMBER 7, 1993 EFFECTIVE DATE APRIL 1, 1994 All sewer service provided by the City of Ashland will be in accordance with Chapter 14 .08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS Single Family Residential Monthly Service Charge $10. 00 Quantity Charge $ 1. 09/100 cf Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (cf) per month. Winter consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water consumption during the previous three months. Single family residential water accounts with no consumption during the months of January, February and March will be based at 700 cf. Multi-Family Residential Monthly Service Charge per Unit $10. 00 Quantity Charge $ 1. 09/100 cf Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter consumption is defined as the average "of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is attached to the same water service. Annually on April 1 the bill will be adjusted based on the water consumption during the previous three months. Multi-family residential water accounts with no consumption during the months of January, February and March will be based at 300 cf. Revised December 6, 1993 SEWER RATES EXHIBIT "A" PAGE 2 Commercial. Industrial and Governmental Monthly Service Charge $10. 00 • Quantity Charge $1.34/100 cf Quantity Charge is based on actual monthly water consumption. 2 . ADJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user is less than 60% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodology for Special Cases for City Administrator 1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. Monthly Service Charge $10.00 Quantity Charge $ 1.34/100 cf Quantity Charge is based on average. winter water consumption. Winter consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water consumption during the previous three months. 2. Bed and Breakfasts and Ashland Parks Bathrooms Monthly Service .Charge $10. 00 Quantity Charge $ 1.34/100 cf Quantity Charge is based on winter water consumption.' Winter consumption is defined as the total of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water usage during the previous three months. B. ' Water sold through an irrigation meter is exempt from sewer user charge. Revised December 6, 1993 SEWER RATES EXHIBIT "A" PAGE 3 3. SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the Ashland Municipal Code. B. The sewer rates for outside the city limits shall be two (2) times the sewer charges for inside the city limits. Unmetered residential accounts will be calculated on an average winter usage of 700 cubic feet of water for single family residences, and 300 cubic feet per unit for multi- family residences. So Revised December 6, 1993 ASHLAND POLICE DEPARTMENT MONTHLY REPORT November, 1993 ` Forlunately, the "taggers" are local youth and _ CrintefWorkload not gang affiliated. Sgt Hooper has been Activity assigned to coordinate the eradication effort. One of the primary offenders was arrested and 1993 continues to sentenced to 10 months suspended sentence, reflect an overall providing Ise assist APD in our abatement decline in reported efforts. crimes. Currently the Part I offenses (major- crimes and thefts) are o SCHEDULING : Lt. 5.8 % less than 1992. Lt comparison with the Clements recently returned from same month ( Nov 92) last year, shoplifting a training session devoted to declined (11 to 5), and there were no reported scheduling issues. In comparison auto thefts, compared to 5 in Nov 92. 3 with other shift scheduling plans, Ashland arson cases were reported compared to 0 in PD's 5-2 (8hr) schedule compared favorably 92. Both commercial and residential with regards to having officers available for burglaries are down over 92 as is rape and work assignment attd for being able to robbery. In minor offenses, vandalism adequately staff shifts by calls for service. increased considerably from 38 to 57 primarily due to acts of graffiti. o LAP TOP COMPUTERS: The Department In other activity, injury vehicle accidents developed an objective of having direct input increased in November front 3 to 8, however of reports while officers rentain in the field. overall injury accidents are still half the total Three officers have been using lap top of 92 (40 to 83). Likewise, noninjury computers on a trial basis for One Department. accidents rentain approximately 34% less than As a result of this pilot last year. Even though reported crime is down program a few concerts somewhat, our calls for service (CFS) were identified: awkward continue to increase at a noticeable rate. operation in the patrol car, Through Nov 92 we had 7859, while for the a software program that is same period this year, we've recorded 8079 not particularly suited to CFS (3%+). In Nov 92 we recorded 616 CFS our report format and a while last ntontlt we handled 681 (11%+). complicated process to get the reports printed. However, over all the use of lap top o GRAFFITI: The Department is treating computers is widely accepted and we will this recent vandalism spree as high priority continue with the program. The Department since wide-spread graffiti is often the first will expand it's search and look for an indication of a community in trouble. improved design to accommodate a swing outwork station for the new patrol cars before obtaining additional computers. INVESTIGATIONS: 0 AUTOMATED PARKING TRACKING Det Lynn Parlette is SYSTEM. Approval was received to continuing to investigate purchase equipment (a hand held P.C.) to the arson fire which computerize the issuing and tracking of occurred at the Catalina citations issued by Parking Control personnel. St Medical Office. The prime suspect is in This new system will save considerable staff custody in Kansas for attempted murder. hours in avoiding hand written entries and minimize both time delay and errors. This is The Detective Division is currently another approach in our goal to bringing "hi investigating two separate theft cases which tech" to APD. occurred at the Ashland Municipal Airport over the past 6 months. The thefts involved 0 TRAINING : The Department received a approximately $96000 worth of aviation total of 180 hours of training for the month of electronics from several aircraft. November and some of the highlights were: Det Ken Savage has been reassigned to the 0 Wendy Central Area Patrol position. He will begin Svaren has """` working in this capacity in 1994. Officer been in an a Richard Walsh will be fransferring into the ongoing Detective Bureau to fill the vacancy. This training position is a 2 year rotating assignment for program career development purpose and to improve since taking over the position of Community the initial investigative skills of the patrol Service Officer. The objective is for CSO's to officer. be able to relieve Police Officers from routine tasks. CRIME PREVENTION: o Kip Thomas provided driver safety classes to two officers. A similar class will be offered to The DA.RE program received a lot of the entire Department in the near future. publicity in November. A Half-hour show on D.A.R.E in Ashland was taped by Ashland 0 Brent Jensen attended a week long accident Cable Access and aired several tunes during investigation class. the month. Additionally, there has been extensive publicity and public support for the o Richard Chambers has completed an 80 renovation of the 'DARE-mobile" the 1985 hour BPSST Career Development Class. Ford T-Bird, seized from a drug dealer, which obtained its body work and paint (all 0 16 Officers and 2 Reserves attended a two donated) during November. The Ashland !hour intoxilyzer class that was presented by High School auto shop is maintaining the Oregon State Police. vehicle as a class project. 2 COMMUNICATIONS: Calls For Service 674 Medical Runs 68 Fire Runs 17 ALS Runs 27 Auto Aid 4 This report fonnat is a different approach to provide you with summary information. Hopefully it is readable and of value. We apologize for the busy attachment, but we're working on it too. However, it will take longer to resolve. We wish to take this time to wish each of you MERRY CHRISTMAS ! HAPPY HANUKKAH 3 FLUBIR 4MM FR ME vURIMIT CogaUplEp MCID911 REFOR, MUM ;M IMS3 ly"13; 'PICE PNE3 go, or my EPRISS nUff, Ej TL AF 3 off 411111 IF V�'.Jyq, unni. UM LA UIS ;-AST 'EA.. 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Z s r 3 ORIA..: OR0150100 ADP PL3340?;L.� > 'x DATE 12r1�i?.. YEAR: t?92 TIME 16:04:JO CALL BRE RDONN BY MONTH REPORT, AH OOO1N k n, ' n JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBEF YEAALY�r', INCIDENT TYPE T " % 9 % 8 % 5 % 4 v TOTALS a�,irel - - - - - - e, 20 OffAgFam I 4.8 3 14.3 3 14.3 0 10 I 4.8 1 4.8 r213'i�t ' dt' 21 DUII 6 6.3 5 J.25 6.3 12 12.5 4 9.4 7 9.4 F9bh' nG+ f Z? Liquor Lau 11 4.8 6 5.4 10 8.9 l0 16.1 6 5.4 6 5.4 !l2aP ti7a� 24 DOC 20 8.3 18 7.5 23 7.6 15 6.3 17 7.1 13 5.4 `� t 25 Vidnap 0 .n 0 .0 0 .0 0 .0 0 .0 0 .0 Eb All Other 67 . 7.7 JO 7.2 b9 7.9 47 6.8 43 6.2 51 7.4 690.;,,.,,' SF 29 Curfew 6 25.0 3 12.5 4 16.7 1 4.2 1 4.2 0 .0 24 27 Runauoy 6 10.2 7 11.7 4 6.8 8 13.6 7 11.9 2 3.4 ; `54 37 Traf Criae 20 11.5 12 6.9 16 9.2 17 9.8 17 4.8 15 8.6 174 s 41 N'JA/Iniury 5 6.7 3 4.0 10 13.3 7 9.3 3 4.0 5 b.7 ,175;r 42 MVAifrupDm 19 4.2 16 8.2 15 7.7 17 4.7 23 11.7 19 7.7 196 � ' ? :r 46 Fi=.h!Gaee 0 .0 0 .0 0 .0 0 .0 0 .0 0 G ° 51 Custody 0 .0 0 0 0 .0 1 100.0 0 .0 _ 0 .0 xyayj. , ';'r; 52 Warrant 4 13.8 2 6.9 1 ' 3.4 § 13.8 3 10.3 3 1013 124r< r 2 3 53 ST MV FEC 0 .0 0 .0 1 100.0 0 10 0 10 0 10 55 fugitive 4 10.9 Z 5.4 4 10.8 2 5.4 1 Z 7 2 5.4 56 MIS Person 1 20.0 0 .0 1 20.0 0 .0 0 .0 0 .0 J7 Sud Death 1 19.0 0 .0 1 10.0 0 .0 0 .0 2 20.0 10�,"f41j4 58 Suicide 0 .0 '1 12.5 1 12.5 0 .0 0 .0 0 60 Animal Prh 29 8.6 44 13.1 28 8.3 24' 0.6 27 8.6 21 6.3 ',336"• t bi Property 23 7 ° 27 T,§ 30 10.5 30 ..8.3 29 910 25 6.9 r3631r,a $ y y 62 Ahand Auto 24 T.J 25 7.8 127 8.4 35 10.4 34 10.6 20 63 h 320,K1a rr, c 64 Luc Auto 0 0 0 0 0 .0 0 0 1 100.0 0 65 lepnd Auto 0 0 t ZJ.O 1 25.0 0 0 0 0 0 0 T 4 ! Iu5« 66 Assisi 87 9.2 80 8.5 77 8.4 78 8.3 75 8.0 66 7.0 67 Domestic 30 18.5 13 8.0 12 7.4 S 3.1 5 3.1 13 8.0 1621 rlr; ;l 6? Insec F;em 6 ?.5 11 13.8 5 6.3 6 7.5 4 5.0 6 '7.5 - OBOu ' 'i 70 Suspicious 49 6.7 82 11.1 bb 9.0 55 7.5 53 7.2 44 6.0 '736y 71 Puh Safety 9 11.1 6 7.4 10 12.3 5 6.2 5 6.2 12 14.8 73 Disturb. 70 I0.1 73 10.5 57 8.2 50 7.2 31- 4.5 33 4.9 r.642i;;a; 75 Sick Cared 21 12.1 12 b.7 13 7.5 15 8.7 5 2.7 11 6.4 77 Traff/Rds, 40 9.6 .37 3.0 34 8.4 32 . 6.9 30 b.J 27 5.8 465' Yr ti, 78 Civil 1 16.7 1 16.7 0 .0 2 33.3 0 0 0' .0 81 Alarm 13 6.0 25 11.5 24 11.0 12 5.5 10 4.6 22 10.1 98 Misc 6 7.7 3 3.8 3 319 6 7.7 5 6.4 7 9.0 99 Miac 0 10 0 .0 0 .0 0.. .0 0 .0 0 .0 - ----------- ------------ ------------ -------7---- ------------ --- r TOTALS: 731 8.6 763 9.0 753 819 692 B.2 616 7.3 620 7.3 Br479, +t ,l I '1 y vTtv1' a +. i ra Y roy51�v �a v , ti{Uryt SANDRA SAWYER ' Attorney at Law The Estate Building, 10 Crater Lake Avenue Medford, Oregon 97501-7458 (503)734-4115 FAX (503)773-8483 December 17, 1993 Barbara Allen Barbara Allen Real Estate 2262 Ashland Street Ashland, OR 97520 Dear Barbara I have reviewed the form agreement you provided which purports to establish a contract between the City of Ashland and medium income housing purchasers. I have many problems with the proposed agreement. The first question which comes to mind is, "What is the consideration?" The City of Ashland seems to be giving nothing, but taking everything. A contract must be based upon some benefit and detriment to each of the parties. The City of Ashland has nothing but benefit from this contract. This fact, incidentally, convinces me that it is a contract of adhesion, i.e. one in which the parties do not occupy equal bargaining power, and the superior bargaining power takes all of the benefit to the detriment of the other: I am also very concerned about the ambiguity of the provision which spells out what a seller will pay to the City in the event the City does not buy the property. First, this provision is unintelligible. It speaks of "the difference" and does not specify the difference between what and what. Further, it is clearly a penalty provision. The law abhors penalties. . Frankly, if a client brought this contract to me, my advice would be not to sign it under any circumstances. It is clearly a lawsuit waiting to be filed. Sincer,y �Ieit� et c Sandra Sawyer m KEITH. AVERY 503 4882504 P. 01 ASHLAND PARKVIEW (I. DEC 16 1993 December 16, 1993y2 Honorable Cathy Golden, Mayor City of Ashland 20 E..Main Street Ashland OR 97520 Dear Ms. Golden: I am the developer of the 25-lot subdivision Ashland parkview. In November of this year we received final approvals for our planned affordable housing development. With the approval came certain conditions, one of which in particular has proven to potentially prohibit the sale of those seven homes designated as affordable. The condition is known as the Resale Restrictive Agreement. Its purpose being to maintain an affordable housing inventory is admirable, but the document is ambiguous, unclear in terminology, and unfinancible. No bank is willing to finance this conditional agreement. The Clear Creek subdivision, being built by Larry Medinger, with 32 lots, has sold all but the 12 affordable homes due to the Resale Restriction. I don't believe the Council foresaw the problems inherent in this type of restrictive agreement, yet the outcome is that the homes under the restriction cannot be sold. I, therefore, respectfully request that this concern be placed on the next Council meeting agenda to further discuss its ramifications. I feel that the Restrictive Sales Agreement should be removed as a condition of the Ashland Parkview subdivision as well as other subdivisions offering affordable housing under performance standard options. To further the efforts of developing.affordable housing for the Ashland community, I offer my time and service to re-establishing the Affordable Housing subcommittee to assist in developing a sound, financible, long-term program. Sincerely, Keith Ave General Partner Ashland Parkvlew Partnership•Maul Office•485 Waiale Drive•Waauku,Maui,Hawaii 96793•(808)242-8070•Fax(808)244-9539 Bear Creek Construction•Oregon Office•P.O.Box 1146•Ashland,Oregon 97520•(503)482-0854•Fax(503)488-2504 r r