proposed findings and conclusions for helman springs development 2006 00078 art bullock forjune 13...
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EXHIBITS
June 13 2006
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Proposed Findings And Conclusions For Helman Springs Development 2006 00078Art Bullock forJune 13 2006 Public Hearing
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DQttThe current parcel property owner Silvia Chambers is a respected neighbor and long erm Ule I ageproperty owner Her family has owned this land for generations She works to honor her family s legacy forthe land Our neighborhood honors and respects the families who made Quiet Village their home andhelped to build our neighborhood The proposed name Helman Springs Development honors thisproperty s heritage which historically was a community hot spring pool and bathhouseSage Development LLC Sage team Devian Aguirre principal worked diligently to identify and respondto neighborhood and environmental issues and the property s geological and historical significance Sagehad several rounds of neighborhood mailings and meetings and environmental geologic studies Sagewent beyond requirements to listen to neighbors who knew where the springs were to carefully logwetlands changing over the seasons and mitigate with open space Also Sage held multiple neighborhoodmeetings maintained an open door policy to discuss the issues and clarified inaccurate press informationMost importantly Sage was responsive to the issues rather than dismissive or defensive
Introduction And Key Approval Issues
The 3 Key Issues Water Water And Water
This development has 3 key issues water water and water That s hot spring cold springs and wetlandsAshland s last hot spring Ashland area has only a handful of hot springs most notably JacksonWellsprings the former hot springs belowAshland Food Coop and Helman Springs These 3 hot springsare probably the same geological structure Jackson Wellsprings is outside the city limits for some reasonthe earth s geology doesn t respect city limit signs The former Railroad District hot springs TwinPlUnges are now covered by Ashland Food Coop rumor says they use the hot springs to make a tastydeli soup This application may be for the last hot spring inside Ashland The application seeks to removehot spring protection by relabeling it as a well thus not a protected natural featureHot springs vs cold springs Planning Commission PC should distinguish hot springs and cold springsAshland has hundreds of cold springs In much of the Railroad District and Quiet Village one needs to digonly a few feet to find flowing water emerging in countless places as cold springsCold springs fell as rain snow on Wagner Butte a few weeks months ago soaked into the ground until itreached a slanted rock or impermeable soil layer and emerged on lower altitudes as cold water springsgravity fed Some are seasonal weather based
Hot springs fell as rain snow decades even millenia ago filtered through thousands of feet or miles deepinto the earth until the water reached a magma heated layer remember Mount St Helen s Heated likewater in a pressure cooker hot water under pressure rose AGAINST GRAVITY through a geological crackto re emerge on the earth s surface like the jiggling pressure relief valve on a stove top pressure cookerHot springs water Hot springs water is special in 4 key ways 1 high mineral content 2 non existent orextremely low levels of human made compounds 3 potential energy from water pressure and 4 the heatitself Hot springs water has filtered through miles of permeable soil and rock layers so it s almost devoidf human made compounds High concentrations of synthetic compounds began polluting the atmosphereifter World War II when petrochemical processing grew dramatically Much hot springs water fell as rainefore petrochemical pollution began some before Industrial Revolution pollution began Hot springs waters some of the most human free water on the planet second only to glacier water frozen since the Ice Ageonsumer taste tests have shown that water from Hot Springs Arkansas is the best tasting water testedletter than any cold spring or municipal water Hot springs water is special water deserving deep respect
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Synthetics out naturals in Miles of filtering earth remove synthetic compounds and ADD earth mineralsTo learn what minerals are below your feet study hot spring water When you drink it you re drinking theearth literally High mineral content brought reported health benefits as some minerals can be absorbedthrough the skin by sitting bathing or swimming in hot spring water relieving mineral deficiency symptomsHot springs are one way the earth returns its internal minerals to the surface and it s less traumatic than 2other ways earthquakes and volcanoes
Helman springs Helman Springs wetland survey found a half dozen or so cold springs and 1 hot springThe geologic survey recommended using heat from hot spring water to heat development homes Sageplans to cover the existing cold springs where they exist under proposed residential lots and mitigate theloss of these cold springs with additional wetland areas on the west side Lot 19 at the required 150 levelFollowing the last PC hearing on 2006 078 property lines were altered to encapsulate the hot springpipes pool wetland chain inside Lot 18 After the hearing closed during PC deliberation Devian Aguirreand Don Rist asserted that the hot spring is now a well thus not a protected natural feature
Key Approval Issues
I support the neighbor friendly process used by Sage and recommend rejection as submitted revisionbased on 2 major approval issues the second of which can be remedied as a condition of approvalApproval Issue 1 Failure to protect the hot spring as a natural feature This key issue is not easilyremedied as a condition of approval and may require rejection of the application as submitted and possibleredesign of the hot spring chain
Approval Issue 2 No mitigation for traffic effects on the neighborhood which could be remedied byparticipation in Laurel LID pre payment for traffic safety issues
Approval Issue 1 Failure To Protect Hot SpringLegal authority ALUO 18 88 030 A c requires protection of natural features
That the existing and natural features of the land such as wetlands floodplain corridors pondslarge trees rock outcroppings etc have been identifed in the plan ofthe development andsignificant features have been included in the open space common areas and unbuildable areas
Question 1 How many lots is the PC being asked to approve
lilt depends on how you count II This application subdivides a parcel into 20 lots 19 to be sold as
residential lots and 1 Lot 18 to be kept essentially in its current state The 19 lots are in escrow to Sagethe last lot kept by the current owner The applicant is Sage Development LLC Of the 19 sold lots 17 areto be developed as residential lots and 2 as open space
17 lots residential lots to be sold for single family homes2 lots open space lots tree lot and wetland mitigation
19 lots in Sage subdivision1 lot Lot 18 kept by current owner Silvia Chambers
20 lots total in the application for subdividing the current parcel
At the last hearing on this application Commission and participants faced an unresolved ambiguity of howmany lots were being approved ranging from 19 23 depending on how you count
The revised application partially continues that problem Again the most basic question may be the onethat 4 hours of discussion at the last hearing didn t answer how many lots are we talking about
Key to several issues Answering this question guides disposition of several issues Depending on
context conservation density bonus on street parking space credits application approval vs developmentv
approval we speak of the application development as a 17 lot subdivision houses to be built a 19 1otsubdivision Sage s portion or a 20 lot application The plans sometimes confuse the counts as with P 1blueprints which excluded street parking by the bathhouse in the parking space count it s not part of the19 1ot development yet inexplicably included parking spaces by the wetland area adjacent to Lot 18One application two owners The application is represented by 2 proposed owners Devian Aguirre andher development team represent 19 lots Sage would own Lots 1 17 19 20 Owner Silvia Chambers andDon Rist represent the current entire parcel and proposed Lot 18 Because Sage is the applicant Sagesometimes speak for the 19 lots that Sage will own and sometimes for the whole parcel wetland surveygeologic survey street layout and driveway access pool and bathhouse issues drawing of property linespedestrian access to open space Lot 20 across Lot 18 sidewalk around entire parcel etc This increasesthe need to be very clear about whether this is a 19 1ot or 20 lot discussion
To answer this question consider the logical argments for a 19 1ot vs 20 lot Outline Plan applicationComparison argument lists below are not proponents vs opponents Some arguments on both sideshaven t been voiced before so they mayor may not represent anyone s perspective they re simplypossible justifications for PC to consider
This is a 19 1ot application subdivision because1 Only 19 lots are being sold The 20th Lot 18 is not being sold and is a remainder lot2 Only 19 lots will be developed at this time No substantial development is planned for Lot 18 only a
driveway and easement3 Performance standards for natural feature protection should be placed on Lot 18 if and when it s
developed not now
4 Lot 18 is already developed with a house and hot springs cooling tankpoolbathhouse
Or This is a 20 lot application subdivision because1 This Outline Plan application subdivides 1 parcel into 20 lots so all 20 are being approved and all 20
are subject to the code2 For wetland and mitigation purposes the property was and properly is considered as a whole3 For driving and pedestrian access the property was and properly is considered as a whole4 Code requiring natural feature protection triggers consideration of the whole property whether or not
developed or sold5 Access easement to Lot 20 through Lot 18 and or driveway access to Lot 18 triggers consideration of the
whole property6 If not considered as a whole the result is the slippery slope of gerrymandering where code requiringnatural feature protection is circumvented by not selling the land If you sell it you can t develop on it
anyway and it adds a headache to mitigate at 150 so don t bother to sell it draw a property boundaryaround the natural feature and avoid the whole mess
Lot 18 jurisdiction PC needs to make this fundamental decision early on and explain its reasoning fromthe above or other list This is a jurisdiction question so it guides other decisions If you can t makefindings on the hot spring because Lot 18 is not part of the application then you can t make ANY decisionabout Lot 18 You would have no jurisdiction over Lot 18 on any issue
Example 1 Cold spring Note the Lot 18 SW segment cold spring which drains into a large wetlandwest of the bathhouse You wouldn t have jurisdiction over that spring and couldn t require protection ormitigation of the wetland
Example 2 Wetland Note the Lot 18 west edge wetland which continues into the next lot The Lot 18portion is included in wetland mitigation calculations If you don t have jurisdiction over Lot 18 you can tinclude this square footage in mitigation whether or not that section will be developed You d have torecalculate all wetland square footage without ANYon Lot 18
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Example 3 Sidewalk Note the proposed sidewalk on Lot 18 at Randy St Although still shownsometimes covered up with a label Sage now represents the sidewalk will only be done if PC requires it
If you don t have Lot 18 jurisdiction you can t require a sidewalk there since the sidewalk would be on Cityright of way not adjacent to the applicant s property You can only meaningfully discuss the Lot 18 sidewalkif you have jurisdiction over Lot 18 Silvia Chambers remaining lot
Example 4 Pedestrian access Note the pedestrian easement on Lot 18 to access Lot 20 Open SpaceYou can t require that or even consider it without jur sdiction over Lot 18
Example 5 Driveway access Note that the sole driveway access to Lot 18 farmhouse is inside thesubdivision there s no street access Without Lot 18 jurisdiction you don t have jurisdiction to consider the
changed driveway to Lot 18 buildingsIn summary it s not possible to meaningfully discuss and decide an Outline Plan application to subdividethis parcel without jurisdiction over the entire parcel even if one lot is not sold Performance Standardsensure that defined minimums are met for developed and open space undeveloped land in an OutlinePlan This requires thus grants jurisdiction over this entire parcel
Managed inconsistency As this list suggests the discussion to date is a managed inconsistency Wehave a claim that Lot 18 is not part of the application yet we have studies suggested findings andpreliminary decisions as if you do wetland survey wrap around sidewalk driveway access to all 20 lotspedestrian access etc
Half jurisdiction doesn t exist In LUBA jurisdiction decisions there s no half pregnant It would be hardto explain why you wetland surveyed for 20 lots mitigated for wetlands for 20 lots yet have no jurisdictionon a hot spring on the same lot as the wetland it produced for which you do have jurisdiction Jurisdictionhas boundaries and responsibilities The high integrity approach is to arliculate your legalurisdiction stay within it and exercise yourfull responsibility within that jurisdiction
I suggest that PC is being asked to approve an Outline Plan for an application for 20 lots not a 17 lot or
19 1ot application and that Performance Standards and code enforcement apply to all 20 lots
Finding 101 Performance Standards apply to all 20 lots in this Outline Plan
Issue 1 discussion below assumes 20 lots If PC decides otherwise some discussion below may be moot
Question 2 Is the watersource on Lot 18 a hot spring or a well
Implication Assuming jurisdiction from Question 1 does ALUO 18 88 030 A c applyIf water source is a hot spring or warm spring then it s a natural feature covered by ALUO 18 88 030 Ac
If water source is a well then it s no longer a natural feature and thus ALUO 18 88 030 A c doesn t apply
The Lot 18 water source is a well because1 A well was dug into it decades ago and it s been a well since The hand dug well has no documentation2 The water is piped to the surface then to a cooling tank then to the pool Although historically a hot
spring the natural characteristic no longer exists due to piping Pipes aren t natural3 The deed shows it as a well By legal agreement it s a well not a natural feature4 Wetlands adjacent to the pool are from pool leaks from well water not a natural wetland from a spring
Or The Lot 18 water source is a hot spring because1 Its been a hot spring for millenia and will continue to be until the earth decides otherwise Piping water
doesn t change the essential feature heated water rising against gravity exiting onto the earth s surface2 Lot 18 wetland is from earth sourced water thus a spring wetland combination with or without pipes3 Water coming from this source is special hot spring water Whether or not the hot spring has been
converted into a well the water itself is a natural feature to be pr tected See introductionfI
4 To allow an historically natural feature to be un naturalized violates the spirit and letter of PerformanceStandards law which is to honor protect and maintain natural gifts of the land rather than erasing themor transforming them to something unnatural
5 Converting a code covered spring into a non covered well is a slippery slope opening the door toabusive practices such as painting a rock cropping calling it advertising thus no longer a naturalfeature then dynamiting the advertising for a building In the current case if the hot spring is not aprotected feature the currentfuture property owner could cap close the well as requiring too muchupkeep pipe the water to the storm drain and the hot springs pool wetland chain would be gone6 Piping into a hot spring is often done to get hotter water to heat homes PC has no cases before it wherethis common practice conferred well status on a natural feature
Bathhouse burned down Lets maintain context The hot spring is not in imminent danger SilviaChambers is committed to protecting the hot spring and pool When the bathhouse burned down years agoallegedly due to 3 young men all known who torched it Silvia Chambers could have removed the pool atthat time Instead she re built the bathhouse She is committed to keeping the hot spring and the pooland has demonstrated that over decades The issue is not protecting the hot spring from pendingdestruction The issue is long term legal protection as a natural feature under Performance StandardsKeep hot spring chain on one lot Since the prior hearing property lines were re drawn to include in 1 lotthe entire hot spring chain hot spring piping cooling tank pool and bathhouse and leak producedwetlands Silvia Chambers and Sage s logic is that this hot spring chain goes together and should staytogether on one property I agree Otherwise we have unnecessary easement issues since Lot 18 swetland would depend on a hot spring on someone else s property If hot spring water were used to heathomes as recommended by geologic survey which property would be responsible to mitigate wetlandloss To avoid unnecessary issues the entire hot spring chain should be on one lot if possible SilviaChambers and Sage accomplished this by a new layout using a flag lot and adding Lot 18 pedestrianeasement to Lot 20 This trade off to protect the hot spring chain was a worthy improvementI recommend
Finding 102 The hot spring has been and still is a natural feature as used in ALUO 18 88 030 A c
Question 3 Where exactly is the natural feature protected under ALUO 18 88 030 A c
This simple question may not have a simple answer
The natural feature exists only at the springbox because1 That s where the water exits onto the earth s surface2 Moving the water elsewhere is a human intervention and thus no longer a natural feature Although hot
spring water is piped to pool and bathhouse they aren t part of the natural feature protected by code3 It s too late to declare the pool an unbuildable area Well was dug and bathhouse built decades ago
Or The natural feature exists only at the resulting wetland area because1 That s the only natural area existing at this time The spring is covered and except for leaks not visible
Or The natural feature exists at least for management purposes at every point on the hot springchain because1 There exists a natural chain totally within Lot 18 of hot spring springbox piping cooling tank poolbathhouse and hot spring wetland Protection means managing the entire chain as on Lot 192 If you break the chain legally or physically downstream water flow is interrupted and thus not protected3 Human contrivances though not natural in themselves must be considered part of the natural feature to
protect it as for a cold spring directed in a concrete ditch around a building then to a wetland4 Human contrivances could change as long as the source and resulting wetland were fully protected as
might occur if hot spring water were piped directly to the wetlandc
I recommend
Finding 103 The springbox area and hot spring wetland are both natural features on Lot 18
Finding 104 The wet area north of the bathhouse is probably fed bypool leaks and is thus a hotspring wetland Somemost of it is on City s right ofway
Finding 105 The wetland north of the bathhouse should be mitigated as a hot spring wetland notjust a coldspring wetland as on Lots 19 20
Finding 106 Intervening pipes tank and pool though human made must be considered as part ofthe natural feature chain to protect the resulting wetland
Question 4 Does the currentspring poolwetland chain satisfy ALUO 18 88 030 A c
No change for the chain The application shows no change planned for the spring springbox piping tankpool bathhouse wetland chain If this hot spring chain must be protected by ALUO 18 88 030 Ac thenthe We won t change it plan means that current protection must satisfy ALUO 18 88 030 A c Does it
The current spring pool wetland chain satisfies ALUO 18 88 030 A c because1 The bathhouse west wetland is included in the wetland calculation and directly protected by inclusion in
the Lot 18 boundary No further development is proposed with this application Thus its protected2 Well pipe pipe to tank and pool and pool itself are secondary to the main natural feature which is the
wetland not the original spring Since the wetland is protected ALUO 18 88 030 A c is satisfied
Or The current spring pool wetland chain doesn t satisfy ALUO 18 88 030 A c because1 Pipes are old and rusted and in danger of leaking bursting which if not repaired or replaced would
rapidly dry up the pool due to leaks and associated wetland2 The pool hasn t been maintained for over 50 years and leaks like a sieve according to testimony at the
first hearing The consistent leaks have probably sustained adjacent wetlands for decades A majorbreak or leak in this unmanaged pool would rapidly dry up the associated wetland Thus the wetland isn tprotected Non maintenance of the current pool and building may destroy it
Finding 107 Well pipes pipes to the pool cooling tank andpoolare intermediate infrastructure totransfer waterto the current wetlands adjacent to the pool
Finding 108 Well pipes pipes to the pool cooling tank and pool have not been maintained forover50years and are in danger of failure altering or destroying adjacent wetlands
Finding 109 The Lot 18 wetland is not currently protected adequately under ALUO 18 88 030 A c
Question 5 Is the perpetual wet area on the bathhouse north side a wetland
Nest side wetland This may be the first planning application in history where a designated wetland isfrom a 50 year leaky swimming pool Survey shows a wetland on the bathhouse west side from a springwhich is almost certainly the leaking swimming pool Note the different plants here cattails
North side wetland The wetland survey excluded the bathhouse north side wet area where pool leaksaccumulate eventually running over the curb into a storm drain This is almost certainly a high mineral hotspring wetland differing from the property s cold springs wetlands Visual inspection shows this is awetland with perpetual water and the same wetland plants cattails as the designated west side wetlandThe perpetual wet area on the bathhouse north side is not a wetland because1 This area was excluded from the wetland survey as being on City s right of way
The perpetual wet area on the bathhouse north side is a wetland because1 It meets 2 of4 wetland criteria cattails and perpetual water biology and hydrology as the west side
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Finding 110 The wet area north of the bathhouse is a wetland and its removal for a sidewalkshould be mitigated as a hot spring wetland on the property
Question 6 Regardless of the wet areas status as a wetland area howshould safety problemsfrom perpetual runoffbe mitigated given runoff across a sidewalk used by childrenwalking to Helman Elementary School
Proposed sidewalk With a 7 park row the sidewalk will be very close to or under the bathhouse whichis higher than street level Current leakage accumulating against the curb will run over the sidewalk whichmeans ice in winter and algae in summer which means slippery which means walking accidents whichneed to be prevented A few weeks ago when we had several consecutive overnight freezes standingwater froze solid here and stayed frozen for several days even after rose above freezing due to thebuilding s shadows Neighborhood kids had a delightful time shoe skating on the solid iceMitigation is straightforward though not simple It will probably be impractical to mitigate the perpetuallyslippery sidewalk without stopping the leaking which means pool repair French drain alternatives wouldprobably have to undercut the building on 2 sides which would probably cost more than pool repair andhave worse results Given height discrepancy between pool and sidewalk it may be more cost effective torepair pool leaks than to try to manage the drain
Finding 111 A sidewalk is required along the entire length of Lot 18 on Randy StFinding 112 Uncorrected currentpool leakage willprobably create a perpetually wet sidewalk onRandy St at the bathhouse a negative effect on the neighborhood This problemexists whether the sidewalk is inside oroutside the existing curbFinding 113 This negative effect must be mitigated to prevent wet sidewalks and danger from
algae and slipperiness especially forchildren walking to Helman Elementary School
Question 7 How should wetland overflow waterbe used and sidewalk algae preventedProblem Water from cold and hot springs on this parcel builds up against the Randy Street pavement untilit rises to curb level overflows the curb and then down the storm drain We already have the negativeeffects of algae in the gutter though not a walking hazard because we walk farther out in the street a trafficsafety problem Unless the drainage is done extremely well during Wet winters water will flow across thesidewalk growing a wide swath of algae creating a slip hazard for pedestrians especially childrenSolution In addition to standard drainage solutions consider City Council s discussed goal of RightWater Right Use to mitigate this safety and health problem Overflow water could be redirected toneighborhood gardens or some other useful purpose rather than flowing into a storm drain This water isowned by the corporation known as State of Oregon which makes the water decision In Oregonetlands are managed by DSL the Dept of Soggy Land Right Water Right Use is an uphill climb againstDSL history though it needs to be considered as part of Ashland s total water solutionConclusions For Approval Issue 1
1 Without additional steps to protect the wetland and the spring pipe poolwetland chain thisapplication does not satisfy ALUO 18 88 030 A c and should be rejected as submitted2 As a condition of approval the wetland north of the poolhouse should be mitigated by a wetlandFrom hot spring water
As a condition ofapproval leak mitigation should be required topreventpool leaks from creatingIconstant safety hazard on the proposed Randy Street sidewalk
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4 As a condition of approval overflow water from hot spring and cold springs should not overflowonto the sidewalk which creates breathing and walking safety problems from ice water and algaePossible Re Design Remedies
A wide variety of remedies would cure the defect of not protecting the hot spring This list s purpose is to
suggest the scope of potential remedies not to recommend any particular remedy The owner may wish todo nohe of these or something else
1 Daylight hot spring water at the source Restore a wetland area at the springbox equivalent in size to thecurrentwetland by the pool Drain the wetland toward the current pool
2 Transfer hot spring water directly to current wetland rather than piping to pool and depending on poolleaks to sustain wetland
3 Repair pool then pipe overflow to the wetland to avoid depending on pool leaks to sustain the wetland4 Remove pool bathhouse and construct wetland where bathhouse is lowering height to street level5 Other alternatives
Legal authorityALUO 18 80 020 8 7 Access to subdivision Allmajor means of access to a subdivision or majorpartition shall be from existing streets fully improved to Citystandards and which in the judgmentofthe Director ofPublic Works have the capacity to carry all anticipated traffic from thedevelopment
3 Key points Three key points about this requirement1 Existing streets not just new streets inside the development must be improved to City standards2 Access street improvements include ALL major means of access not just the primary access route3 All major means of access must have adequate carrying capacity for anticipated traffic
Approval Issue 2 Mitigating Negative Traffic Effects
What s an access street Exhibit 1 shows my suggested guidelines to define access streets
Helman Springs Development Access Streets
Finding 114 Helman Springs Development has 2 vehicle entrances at Otis St and Randy St and 4
major means of access
1 Otis primary Given that Glenn St closure has been stopped primary Otis St exit is south on Drager toa T at Orange Sf then left one block fo Laurel or right 2 blocks to Glenn Sf and uphill to Main Sf
2 Otis secondary Secondary Otis exit is Otis to Laurel splitting south to Orange and north to Randy3 Randy primary Primary Randy St primary exit path is Randy to Laurel splitting 3 ways south on
Laurel to Main north on Laurel to Nevada St and continuing on Randy to Helman St
4 Randy secondary Secondary Randy St exit path is Randy to Elizabeth to Otis To Willow To OrangeAccess street map Combining these 4 paths access streets are shown by cross hatches in Exhibit 2We expect residents on these street sections to immediately experience negative traffic effects Laurel hastraffic problems already with residents using the Plea In A Bucket approach using a bucket to posthand made signs saying PLEASE SLOW DOWN We need more than bucket pleas We needdeveloper paid mitigation for negative effects of development traffic on the neighborhood
Legal authorities There are 2 legal authorities for this requirement ALUO 18 80 020 B 7 and therequirement to mitigate identified negative effects Given the ALUO 18 80 020 8 7 requirement to improve
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all major access streets to current street standards it would be unfair for development traffic to be added tothe existing traffic problems on Laurel St without code enforcement and or negative effects mitigationTraffic mitigation is a fairness issue Mitigating traffic is one way a developer pays the developments
full cost by paying money to mitigate increased traffic safety problems Without access street upgradedeveloper costs shift to city taxpayers or neighborhood families who bear the full brunt of traffic dangersand costs though liens on their homes Laurel St a school zone for Helman Elementary School is alreadystaggered by Billings construction traffic so this is a major safety issue
Money issue This isn t a development design issue This is a safety and money issue
Finding 115 Development traffic will have a negative effect on neighborhood traffic safetyrequiring mitigation
Roughly proportional Following Dolan v City of Tigard a roughly proportional solution would as a
condition of approval require development to contribute to the neighborhood street improvement project5 blocks Number of blocks in major access streets to Helman Springs Development
41 500 Current average costblock to upgrade paved street with sidewalks and crosswalksNevada LID 249 000 6 blocks
207 500 Rough cost for 5 b ock street improvement project Primary routes only7 1 Proportion of traffic added to Laurel Street 17 new lots x 7 trips per day 119 trips day
1666 1547current 119 addednew total trips per day 7 1 See attached Exhibit 114 821 Roughly proportional share of neighborhood improvement project costs attributable to
new traffic on primary routes
Finding 116 The roughly proportional cost to mitigate development traffic is 14 821
Possible Approaches To Satisfy Code And Mitigate Negative Traffic Effects1 Laurel LID Require participation in Laurel LID as a condition of approval Ashland s historical solution
Disadvantage is property owners have voting power to stop the LID with a 2 3 remonstrance so they maynever pay any money at all though required Exhibit 3 shows the the most recent council approvedschedule for Laurel project It s scheduled after Nevada St LID currently in construction
2 Pre payment Require the developer to pay upfront 14 821 to City to be used in street improvementsfor affected neighborhood streets with or without Laurel LID This option avoids the remonstrancebarrier and avoids the situation where development property owners pay more than their access street
requirements dictate remembering that Laurel LID could extend to Main Street or some other directionbeyond access street requirements It also provides up front certainty about the amount to lot buyers
3 Both Combine solutions 1 2 my recommendation LID Inclusion is important due to Res 1999 09Pre payment allows negative traffic effects to be partially mitigated immediately with or without an LID
Radar sign example This option enables money to be used for example for solar powered radar signsthat awaken drivers to their actual speed Exhibit 4 shows City just purchased radar signs to rotate amongschool zones unfortunately excluding Laurel St which needs the sign This radar sign may be the bestmitigation for Drager St traffic rather than sidewalks Radar signs could be implemented immediatelyConclusion For Approval Issue 2
Condition for approval Helman Springs Development should be approved only with the requirement thatHelman Springs Development be required to participate in Laurel Street LID and to pay upfront 14 821 asa condition of approval with said funds going to code fulfillment and mitigation of traffic effects throughLaurel LID and or traffic safety improvements on development access streets
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Jun 13 06 04 43p Harold Center 541 535 8752 p 1
HAROLD L CENTERRegistered Land Surveyor Certified Water Right Examiner
2604 David Lane Medford Oregon 975045415356108 Fax 5415358752 City of Ashland
Planning Exhibithhlblt zM c Cc C7 11Dft C 14 faff Qc I
June 13 2006
Devian AguirreSageDevelopmentLLC2305 Ashland StreetAshland OR 97520
Dear Ms Aguirre
You recenUy requested me to research the water rights associated with Tax lot 400 AssessorsMap No 391E 04BC situs address is 247 Otis Street Ashtand OregonUnder Oregon law al water is publidy owned With some exceptions users must obtain a permitorWater Right from the Oregon Water Resources Department to usewater from any source AWater Right is a legal authorization to utile a quantifiable amountofwater at a specific locationand for a particular useand is regulated by the Oregon Water Resources Department
Oregon law provides exemptions for use ofwater for both Surface and Ground Water andobtaining a Permit or Water Right is not required Ingeneral water fIowjng on the surface isconsidered Surface Water and water appropriated from befow the ground surface is consideredGround Water
You requested me to detennine what Water Rights were of record for the above propertyspecifically of the Helman Bath por1ion of the Property I researched the Oregon Wafer ResourcesDepartment records and did not locate a Water Right for a spring orwell on this property
CITY OF
ASHLAND
MemoDATE
TO
FROM
RE
June 13 2006
Maria Harris Bill MolnarBeth Lori Assistant City Attorney247 Otis Street
City of AsnfcndPlanning Exhibit
EXhibltPMLlec c C C F
PNi j2 CfSfaff r 1
7
QUESTION Should Helman Springs Development be approved only if it be required to participate inthe Laurel Street LID and to pay upfront as a condition ofapproval 15 700 to pay for code fulfillmentand mitigation oftraffic effects through Laurel LID
ANSWER No Discussion follows
DISCUSSION ALVO 18 80 020 B 7 provides in part that all major means ofaccess to a subdivisionshall be from existing streets fully improved to City standards The major means ofaccess to thesubdivision is from Randy and Otis streets The proposed subdivision abuts these two streets which lieto the north and south ofit respectively Developed lots abut the subdivision on its east and westboundaries Page three ofthe Staff Report dated June 13 2006 reports the applicant is required toinstall sidewalks on Randy and Otis Streets Assuming Randy and Otis will be fully improved to Citystandards with the installation of sidewalks ALVO 18 80 020 B 7 is satisfied
Although the City s land use code does not define major means ofaccess the intent ofit does notextend to off site improvements Indeed ALVO 18 80 060 B 2 provides that when apart ofa
proposed subdivision abuts an existing unimproved street the property owner shall sign an agreement toimprove it in the future to satisfy City standards Laurel Street does not abut the subdivision Randy andOtis Streets do
Further the same code allows the Planning Commission to exercise discretion on whether sidewalksshould be placed on one or both sides ofthe street Factors for the Commission to consider are the typeofdevelopment level ofpedestrian traffic and the safety and convenience ofchildren Page eight oftheabove referenced Staff Report determines the likely routeofthe subdivision residents to be on theRandy Street sidewalk and identifies such residents as school children dog park and greenway trailusers
Finally the problem with requiring a developer to pay for offsite improvements whether by cash or
mandatory participation in an LID is twofold One is the Dolan issue which you already noted Theother is where to draw the line
CITY OF ASHLAND
Legal Department20 East Main StreetAshland OR 97520wwwashland or us
Tel 541488 5350Fax 541 552 2092TTY 800 735 2900
Michael W Franell City AttorneyMicheal M Reeder Assistant City AttorneySharlene P Stephens Legal AssistantClaims ManagerNancy Snow Legal Secretary
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If increased traffic and associated traffic problems is the deciding factor for determining where a
developer will be required to financially improve streets then any through street providing access to thesubdivision would be acandidate for improvement For this application traffic arguably could beincreased on streets Oak Nevada and Willow or N Main Glenn Orange and Willow or Helman andDrager as well as Laurel and those streets connected to it Neither a court nor the ALVa wouldsupport a requirement that any ofthese groups ofstreets be improved as a condition ofthe subdivisionbecause ofincreased traffic and associated traffic problems
Granted the Billings subdivision was required to improve off site on Nevada Street However thedistinguishing feature ofthat application is Nevada Street was the only access to the subdivision Ittherefore abutted to it within the meaning ofALVa 18 80 060 B 2
I hope this was helpful
Beth
Ec Mike Franell
2CITY HALL20 East Main StreetAshland Oregon 97520wwwashland orus
Tel 541488 6002Fax 541488 5311
TTY 800 735 2900 rj
FRCJ1 MATIEWSON FAX KJ 5416087312 Jun 13 2B06 11 47AM PI
City of AshlandPlanning Exhibit
Exhibit 4PA ftjCc COC7fDate IS QStott j
J
June 2 2006
City ofAshJ2nd Plarming CommissionSOl Winburn WayAudUand OR 97 20
Re Hebruu1 Sprinp Baths projectfothe Panainc Commissioners
My name isJohn Studebaker and any family owned and Opetatcd Studebalcer DriRinghere inAshland for many years We did Ioell work drilJiDg ADd fepeirs on many ofthe botandcold wens in the area andas a ouugchild Iwent out with him on jobs oftenSometime in the early 1960 s my fa1bw l Sr did repaizslUKi deepened theexisting e1l on the old Hebnan bathproperty r remember theiob vywell Atthe timeit was owned by Donald an4 Alioe Freeman There was no hot spring where the well islooatec1
My father has aiDce passedand thr Studchlker DrilJina it lOW gone Buc Iremember diewen 8Ild the repairs that were n28de to thewell itself
SincerelyLJ s G
bakerMediurd OR 97S2OSS2 t2 3
c 67Cf
iroJ
June 12 2006
City of Ashland
Planning Exhibit
Exhiblt fjPA zo 11 0Cc73Dctet L3 ckstcff f 1
Ashland Planning Commission
Re Proposed Helman Springs Subdivision
Applicant Sage Development LLC
My name is Paloma Marie Ochoa and I have lived in my property here at 570 ElisabethSt for over 20 years
I am in support ofthe project that has been proposed by Sage Development They havebeen sensitive in attempting to balance the needs ofthe land with the rights ofthe ownerofthe land
Sage has kept the neighbors informed and I believe will do a responsible job on theproject
This property has a great amount ofopen space and access for the neighborhood
Commissioners do not add to the costofdevelopment by unreasonable delays Approvethis project
Thank you
Paloma Marie Ochoa
fr fU td
Ashland Planning Commission51 Winburn WayAshland OR 97520
City of AshlandPlanning Exhibit
ExhlbltA oc CCc 1JlbN J oDStaff l L
June 12 2006
Re
ApplicantHelman Springs SubdivisionSage Development LLC
I am in support ofthe project that has been proposed by Sage Development I am
confident that the developer will address any new issues that might surface
Sage has been upfront and forthcoming about the plans and ideas for this developmentand this has helped my family understand the project They have kept the neighbors inthe loop and I believe will do agood job
Robert Werfel
210 Otis StAshland552 1233
r
FROM LlTHIA REALTY FAX NJ 5414882297 Mar 19 2BB6 11 42PM P2
city of Ashlandiclt1ning Exhibit
tx blt 1Pc Ct cl7 0Date 13 a tcff J
0
V
March 20 2006
To Ashland pla1ming Commission
From Ma1beth MlCkey91 McKeever Bell
RE 247 Otis Street AshlaDd OR 97S20
My name is Mickey McKeewr BeD and lam75 ears old and still live in Ashland My
family moved toAsbbmd in late 1942 My fidIler and cousin owned and operatedMcleeWIrMarshall Weds Hardware Store 1a1cr CoasttoCoalit Hardware store on the
Plam across from the old police S18tion for about 30 years
I spent many bourS growing up swimlnina in tho Helman Baths Pool when the wooden
structure was still there I was also acquainted with Hilma Eggert AiliEgert and Sylvia
Chambers graadmothcr tnotba aud prc8CIlt owner that is three generations of
owuenhipofHelman Baths
Sylvia Chambers is aneiahbocofmiDc and 1 still swim with her in the pool during the
summer months The fiuJrily has always spent asreat deal offtIOIICY and timepnservingthe site
TheweU in the front ofthe house is notaspring it is 8Jl cartesian well and has always
supplied the pool with wa1ef
MaJbethM Bell
S7CrAltamont Street
Ir
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STEVEN LSHROPSHIRE
Admitted In
Oregon and Washington
Direct Dial503 598 5583
E mailsteve shropshire@jordanschrader com
Mobile503 522 8667
11
QCHy OiAshlandPlanning Exhibit
R tKhlbit J I
g qrJ h7I qtStoff 99
fJ
June 13 2006
Christian E HearnDavis Gilstrap Hearn Saladoff Smith
515 E Main StAshland OR 97520
Re Conservation Easements Involving Water ResourcesOur File No 40059 12345
Dear Chris
You have requested that I analyze potential water law issues associated withthe creation of a conservation easement as part of a performance standardcondition This request comes in conjunction with the Helman Springssubdivision application now pending before the Ashland PlanningCommission
As you are aware Ihave been practicing water and natural resources law in
Oregon since 1994 Over that period our firm has been involved in manywater related matters in Southern Oregon We have also been involved intransactions involving conservation easements The idea of incorporatingwater resources into conservation easements is arelatively new trendnonetheless I amvery familiar with the academic and professionaldiscussions now ongoing across the country on this topic
Based on my analysis of the staff reports for the Helman Springs subdivision
application I would suggest that staff develop an approval condition
requiring the applicant to record aconservation easement against Lot 18with provisions that address the following
The primary purpose ofthe conservation easement is to protect thehistoric artesian well located on Lot 18 which is an identified naturalfeature ofthe site
The owner of Lot 18 and any successors in interest are entitled to
continue making all lawful uses of the property provided that suchuses do not interfere with the continued existence ofthe artesianwell
P O Box 230669 Portland OR 97281 Phone 503 598 7070 Fax 503 598 7373 Toll Free 888 598 7070 www jordanschrader com
i
I 40059 234570354 doclljo 6 3 2006
JORDAN SCHRADERrcA TTDRNEtS AT LAW
Christian E Hearn
June 13 2006
Page 2
The owner of Lot 18 may restore or redevelop the well for thepurpose of supplying water to aprivate commercial bathhouse andor
pool in the future provided that such use complies with any otherlaws then in effect
Currently there is no water right authorizing use of the water fromthe well Any use of water from the well either on or offLot 18must comply with the Oregon Water Code and the administrativerules ofthe Oregon Water Resources Department which may requirethat the proponent ofsuch use first obtain awater right from theState ofOregon
The beneficiaries ofthe conservation easement shall be the SouthernOregon Land Conservancy or some other organization that meets thePlanning Commission s approval and the Helman SpringsSubdivision Homeowners Association which organizations shall beentitled to enforce the terms ofthe conservation easement
Ifyou have any additional questions or concerns please contact me todiscuss
Sincerely
vt f
0059 2 4570 54 doclljo 6 2006
Brief Overview of Oregon Water Law Relating to
Artesian SpringsPrepared by Steven L Shropshire Jordan Schrader PC
STEVEN LSHROPSHIRE
Under Oregon law water users generally must obtain apermit or
watcr right from the Water Resources Department before usingwater from any natural source ORS 537 130 537 615 A pemlitgives the water user pemlission to use the water for a statedbeneficial purpose on an identified parcel A permit also indicateshow much water may be used when and under what conditionsIf the water user makes beneficial use ofthe water in accordancewith the tenns of the pemlit the Water Resources Department willissue a certificate ofwater rights The certificate constitutesevidence ofa water right entitling the holder to use water to theexclusion of any later appropriators on the same source
Direct Dial
503 598 5583
There are however certain statutory exemptions from the generalrule requiring a permit Onc such exemption exists with respect to
the use of spring or seepage waters In such cases the person uponwhose lands the secpage or spring waters first arise has the right to
usc the water without first obtaining a permit ORS 537 800 OAR
690 340 0010 2 a For the pUIlJoses ofORS 537 800 the teml
spring means apoint where water emerges naturally from theearth as a result of gravity flow or artesian pressure
Admitted In
Oregon and Washington
Mobile
503 522 8667
Thus if spring or seepage waters are to be used on the lands of
origin no pennit is required By contrast a downstreamlandowner wishing to use spring or seepage water after that water
flows offthe land of origin must first obtain a permit before
diverting the water
E mails eve shropshire@Jordanschrader com
Steven L Shropshire is a shareholder at Jordan Schrader PC and
member ofthefinn s Dirt La vs practice group regularly advisingclients on water law natural resources andenvironmental malters
www jordanschradE r com
Public CommentsReceived After
March 14 2006 Public Hearing
I IJC 1
March 30 2006h
1
jjv
Ashland City Planning Department20 E Main StreetAshland OR 97520
Dear City Planners
I amwriting this letter in appreciation ofthe Helman Street Baths field the land off Otis Street
currently being considered for development This field is what drew me to the neighborhood I now livein and I take a walk around it almost every day
Here are just a few of the things Ienjoy most about this beautiful place the tall graceful willows theblack walnuts and other stately older trees the crows and songbirds that gather and chatter in thosetrees the small wildlife and the occasional neighborhood cat that roam through the grasses and thesteam that gently rises in the morning from one of the small streams trickling through the field
This is a wondrous place a place of fresh air and serenity in the midst ofhouses and streets and cars It
hearkens back to a time when homes were more often than not resting alongside a field or at least a
stone s throw from some other open easy breathing space What this place offers is something a littlemore wild a little more subtle than a manicured city park can offer nice as those may be It is a placeof time slowed down
Perhaps more than anything else the hot springs still active on this land make this a rare and specialplace These springs cannot be replaced and would surely be overshadowed maybe even forgottenwere 18 22 new houses to surround them Ive heard locals and old timers speak affectionately in
memory of bathing in the pools housed on this field and at one time open to the public
18 22 new houses on this land would alter this place completely and beyond recognition even ifsmall token square feet around the springs were preserved New houses are going up all aroundAshland and will continue to do so Some areas however are simply too special to be given overso
easily Please let s let the Helman Street Baths field be Let s let it continue to be beautiful continueto offer a sense of sanctuary in a growing town and continue to connect us to this town s history
Perhaps a small visitor s center highlighting the history of the baths could be built or even a
renov8tion 1TJd re optning of the hot springs pools Or maybe this land could be turned into a smallpark with interpretive signs and a small walking trail meandering through it There are manypossibilities that don t require paving it over and turning it into a place like countless other places
I respectfully ask you to consider the long view Developers we will always have with us money willalways be sought and people will always believe they don thave enough of it But one thing we
certainly have less and less of are fields like this one right in the very heart of where we live There isno price that can be placed on beauty in our midst
Sincerely
JAnya Neher and Mark JulianaAshland Oregon
L T Y a If r
Page 1 of 1
Maria Harris Laurel Street LIDfi JiY li l JhWI O 7t i1t4 ja HIIIIf iMU t mi M llT1T ml Y
From
ToDate
Subject
mari 1 marianne@charter net
harrism@ashland or us
4 5 2006 10 48 AMLaurel Street LID
Dear Planning Commission
Please require the Otis Street subdivision to participate in the Laurel Street LID
We also oppose closing both Laurel and Glenn Streets which will create an impossible ghettoized situation
for our entire neighborhood
Harvey RuppMarianne Strong191 Orange Street
488k 0968
L
file C Documents and Settingsharrism Local Settings Temp GW OOOOl HTM 412012006
Page 1 of 1
Maria Harris Laurel Stiij lfJt tit 1U 1 ii 1 Wii1f WH i tt 11 U i ua tiIII5 1 r 1 tf i j1 lI Ml h
From
ToDate
Subject
Drew Baily drew@ora orgharrism@ashland or us
41912006 9 09 PMLaurel S1
The developers for the Helman Bath property will gain Laurel St residents will lose Please require them toparticipate in the Laurel Otis St LID
Drew
Drew BailyRegional RepresentativeOregon Restaurant Association
Oregon Lodging Association541 941 0273www ora orgwww oregonlodging com
I
file C Documents and Settingsharrism Local Settings Temp GW OOOO1HTM 4 20 2006
Some Proposed Findings And Conclusions For Helman Springs DevelopmentPlanning Action 2006 00078
Art Bullock for June 13 2006 Public HearingJUN c Lu06
Introduction And SummaryBackground
CIty of Aat1 Mlt ieommunity OeveloprnG
The current parcel property owner Silvia Chambers is a respected neighbor and long term QuietVillage property owner Her family has owned this land for generations She works to honor herfamily s legacy for the land Our neighborhood honors and respects the families who made QuietVillage their home and helped to build our neighborhood The proposed name Helman SpringsDevelopment honors this property s heritage which historically was a community hot springs pooland bathhouse
The Sage Development LLC Sage team Devian Aguirre principal has worked diligently toidentify and respond to neighborhood and environmental issues and the special historic significanceof the property The developer has pursued several rounds of neighborhood mailings and meetingsand environmental geologic studies Identified wetland areas changed significantly over theseasons and Sage went beyond requirements to carefully identify and log changing wetlands andmitigate with appropriate open space
Also the developer held multiple neighborhood meetings maintained an open door policy for thoseinterested in the issues and worked to clarify inaccuracies and misleading information in the presscommon in our city Most importantly the developer was responsive to the issues rather thandismissive or defensive
The 3 Key Issues Water Water and Water
This subdivision application has 3 key issues water water and water That s hot springs coldsprings and resultant wetlands
Ashland s last remaining hot springs The Ashland area has only a handful of hot springs mostnotably Jackson Wellsprings the former hot springs below Ashland Food Coop and HelmanSprings These 3 hot springs are probably part of the same geological structure JacksonWellsprings is outside the city limits for some reason the earth s geology doesn t respect city limitsigns The former railroad district hot springs were covered by Ashland Food Coop which humorrumor says now makes a tasty deli soup That means this application may be for the last hotsprings inside Ashland The application seeks to remove protection of this hot springs by relabelingit as a well thus not a protected natural feature
Hot Springs vs cold springs It s key for PC to distinguish hot springs and cold springs Ashlandhas hundreds of cold springs In much of the Railroad District and Quiet Village one needs to digdown only a few feet to find flowing water which emerges in various places as cold springsCold springs fell as rain water on the Wagner Butte a few weeks or months ago soaked into theground until it reached a roughly horizontal rock layer then emerged on lower levels as a cold waterspring gravity fed
Hot springs fell as rain water somewhere in Southern Oregon decades even millenia ago filteredthrough thousands of feet or miles deep into the earth until the water reached a magma heated layerremember Mount St Helen s Heated like water in a pressure cooker the water then rises
AGAINST GRAVITY through a geological crack to re emerge on the earth s surface like the jigglingpressure relief valve on a stove top pressure cooker
Hot springs water The water from the hot springs itself is special in at least 4 key ways 1 highmineral content 2 low rate of human made compounds 3 it is accompanied by pressure fromheat and 4 the heat itself which the geologic survey recommended be used to directly heat homesin the development Hot springs water has been filtered through miles of solid and permeable rocklayers so it is almost devoid of human made synthetic compounds High concentrations of syntheticcompounds polluting the atmosphere began after World War II when petrochemical processing grewexponentially Much hot springs water fell as rain BEFORE atmospheric pollution frompetrochemical pollution even began even before the Industrial Age pollution began Hot springswater is some of the most human free water on the planet second only to water locked inside frozenglaciers since the Ice Age Consumer taste tests have shown that water from Hot Springs Arkansaswas the best tasting water tested better than any cold spring or municipal water Hot springs wateris very special water deserving of reverance and deep respect
Synthetics out naturals in The same miles of filtering earth that removed human made syntheticcompounds also added the earth s minerals If you want to know what minerals are below your feetstudy hot springs water When you drink it you re drinking the earth literally The high mineralcontent was the source of reported health benefits as some minerals can be absorbed through theskin by sitting bathing or swimming in the water which relieves symptoms of mineral deficienciesHot springs are 1 of 3 ways the earth returns its internal minerals to the surface and it s lesstraumatic than the other 2 options earthquakes and volcanoes
Helman springs The Helman Springs Development wetland survey found evidence of more than a
half dozen cold springs and 1 hot spring The developer plans to cover the existing cold springswith soil where they exist under proposed residential lots and mitigate the loss of these cold springswith additional wetland areas on the west side Lot 19 Following the last PC hearing on thisproperty the property lines were altered to encapsulate the hot spring pipes pool wetland inside Lot18
Key Areas For Application ApprovalRejection And Conditions
I support the neighbor friendly process used by this development and recommend rejection as
submitted or revision based on 2 major approval issues one of which can be remedied as a
condition of approval
Approval Issue 1 Failure to protect the hot springs as a natural feature of the land This issueis not easily remedied as a condition of approval and may require rejection of the application as
submitted and possible redesign of the hot springs area
Approval Issue 2 No mitigation for traffic effects on the neighborhood such as participatingin Laurel LID This issue might be easily resolved as a condition of approval
RECEIVED
JUN d L006
II
CIty of AshlandCommunity Developmert
Approval Issue 1 Hot Springs Protection
Legal authority ALUO 18 88 030 A c requires protection of natural features
That the existing and natural features of the land such as wetlands floodplain corridorsponds large trees rock outcroppings etc have been identifed in the plan of thedevelopment andsignificant features have been included in the open space common areasand unbuildable areas
It depends on how you count This application subdivides a parcel into 20 lots 19 to bedeveloped as a residential subdivision and 1 18 to be maintained essentially in its current stateThe 19 lots are in escrow to be sold to Sage the last lot kept by the current owner The applicant isSage Development LLC Of the 19 sold lots 17 are to be developed as residential lots and 2 as
open space RECEIVED17 lots residential lots to be sold for single family homes2 lots open space lots to be maintained as mitigation for wetland areas
19 lot Sage Development subdivision1 lot 18 kept by current owner
20 lots total in the application subdividing the current parcel
JUN d D05
City of Ashland
Community Developmell
At the last hearing on this application Commission and participants faced an unresolved ambiguityof how many lots were being approved ranging from 19 23 depending on how you count
The revised application partially continues that problem Again the most basic question may be theone that 4 hours of discussion at the last hearing didn t answer
Question 1 How many lots is the PC being asked to approve
Key to several issues Answering this question guides disposition of the hot springs issue andseveral other issues Depending on context conservation density credits on street parking spacecredits application approval vs development approval we continue to speak of theapplication development as a 17 lot subdivision houses to be built a 19 1ot subdivision SageDevelopment s portion or a 20 lot subdivision On the plans they are sometimes confused asoccurred in the P 1 blueprints which excluded street parking by the bathhouse in the parking spacecount it s not part of the 19 1ot development yet included parking spaces by the west side wetlandarea also adjacent to Lot 18
One application two owners owner representatives The application has 2 owner
representatives The development team represents Sage Development LLC Devian Aguirreprincipal who spoke for the 19 lots that Sage would own Lots 1 17 19 20 at the last hearing DonRist represented the current owner Silvia Chambers who would retain current Lot 18 It may againbe confusing because Silvia Chambers and Don Rist speak for the entire parcel currently and Lot18 in the application and Devian Aguirre and her development team speak for the 19 lots that herorganization focuses on and sometimes for the whole parcel wetland survey geologic surveystreet layout and driveway access pool and bathhouse issues drawing of property lines pedestrianaccess to open space Lot 20 across Lot 18 sidewalk around the entire property etc Thisincreases the need to be very clear about whether this is a 19 1ot discussion or a 20 lot discussion
Thi is a 19 1ot application subdivision because1 Only 19 lots are being sold The 20th Lot 18 is not being sold2 Only 19 lots wil pe developed at this time No substantial development is planned for Lot 18
J
3 Development requirements such as natural feature protection should be placed on Lot 18 if andwhen it s developed not at this time4 Lot 18 is already developed with a house and hot springs pool bathhouse
Or This is a 20 lot application subdivision because1 The application subdivides 1 parcel into 20 lots so all 20 are being approved and are subject tothe code2 For wetland and mitigation purposes the property was and properly is considered as a whole3 For driving and pedestrian access the property was and properly is considered as a whole4 The code requiring protection of natural features triggers consideration of the property as a wholewhether or not developed or sold5 The access easement to open space Lot 20 through Lot 18 triggers consideration of the propertyas a whole whether or not developed or sold6 If not considered as a whole the result could be the slippery slope of gerrymandering where coderequiring natural feature protection is circumvented by not selling the land If you sell it you can tdevelop on it anyway and it only adds a headache to mitigate at 150 so don t bother to sell itdraw the property boundary around the natural feature and thereby avoid the issue7 If not considered as a whole we have an awkward situation where a parcel is divided into 20 lotsbut you can only talk about 19 of them The discussion and the code apply to all 20 lots
PC needs to make this decision early on and explain its reasoning from the above or other list
I suggest the answer be that the PC is approving a 20 lot application not a 17 lot or 19 1otapplication and that all 20 lots be included in discussion and code enforcement Thus
Finding 101 This is a 20 lot application andALUO 18 88 030 A c applies to al 20 lots
The remaining discussion on Issue 1 assumes a 20 lot application subdivision If the PC decidesotherwise the remaining discussion may be moot
Question 2 Is the water source on Lot 18 a hot springs or a well
The implication is whether ALUO 18 88 030 A c appliesIf the water source is a hot springs or warm springs then it s a natural feature covered by ALUO18 88 030 Ac
If the water source is a well then it s no longer a natural feature and thus ALUO 18 88 030 A c
doesn t apply
The Lot 18 water source is a well because1 A well was dug into it decades ago and it s been a well since then The well into the hot springwas dug by hand and no little documentation remains2 The water is now piped vertically to the surface and then horizontally to the bathhouse Thevertical pipe is best guess at least 1000 feet deep Piping the water converted the hot springs into a
well Although historically a hot spring by piping the water elsewhere the natural featurecharacteristic no longer exists3 The deed shows it as a well By legal agreement it s a well not a natural feature4 If the pool didn t leak there would be no drainage of the well water onto the land producing theadjacent wetland The wetland is from a leak not from a spring
Or The Lot 18 water source is a hot springs because1 It has been a hot springs for millenia and will continue to be until the earth dERfiaiIVWirwisePiping the water elsewhere does not change the fundamental characteristic of this natural feature
A I1 k I
JUN u Iritp
city of Ashland
Community Development
which is heated water rising against gravity and exiting onto the earth s surface2 The water source has created a wetland on Lot 18 similar to multiple cold springs on the propertytherefore a spring wetland combination with or without pipes3 The water coming from this source is special hot springs water Whether or not the hot springshas been converted into a well the water itself is a natural feature to be protected Special hotsprings water features are 1 high mineral content 2 low rate of human made compounds 3pressure from heat and 4 the heat in the water itself which the geologic survey recommended beused to directly heat homes in the development4 To allow a historically natural feature to be un naturalized violates the spirit of the law The spiritof this law is to honor and maintain the essential natural gifts of the land and to protect these giftsrather than erase them or transform them to something unnatural5 Converting a code covered spring into a non code covered well is a slippery slope opening thedoor to abusive practices such as painting a rock cropping then calling it advertising thus no longera natural feature then dynamiting the rock outcropping for development In the current case if thehot springs is not a protected natural feature the currentfuture property owner could close thewell as requiring too much upkeep pipe the water to the storm drain and the hot springs poolwetland would be gone
I recommend
Finding 102 The hot springs have been andstill are a natural feature as used in ALUO18 88 030 A c
Question 3 Where exactly is the natural feature to be protected as open spaceunder ALUO 18 88 030 A c RECEIVED
This simple question may not have a simple answer
The natural feature exists only at the concrete spring box because1 That s where the water exits onto the earth s surface
c Ashland2 Moving the water elsewhere is a human intervention and thus no longer a ntilM atwepmentAlthough hot springs water is piped to pool and bathhouse they aren t part of the natural featureprotected by code3 It s too late to declare the pool area as an unbuildable area since the well was dug and bathhousebuilt decades ago
Or The natural feature exists at least in a managed protected sense at every point along thehot springs chain because1 There exists a natural 3 part chain which in the revised proposal is totally within Lot 18 hotsprings springbox poolbath house and warm springs wetland This chain is best as constituting thenatural feature just as the cold springs wetlands are a contiguous chain in Lot 192 If you break the chain at any point logically or by development downstream water flow isinterrupted and thus not protected The hot springs wetland cannot be managed without consideringin some way that the poolbathhouse is part of the chain3 Human made contrivances though not natural in themselves must be considered as part of theprotected natural feature Though the pool is human made and the bathhouse buHding is not openspace they are part of the managed natural feature just as human made pipes and drainsredirecting water in other managed wetland areas
I recommendFinding 103 The springbox area and hot springs welJJnd are both natural features on Lot18
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Finding 104 The wetland adjacent to the bathhouse is probably fed by leaking pool waterand thus a hot springs wetlandFinding 105 The wetland adjacent to the bathhouse should be mitigated as a high mineralhot springs wetland different from cold springs wetlands on Lots 19 20Finding 106 The intervening pipes and pool though human made must be considered as
part of the natural feature chain to be protected because of the resulting wetland
Question 4 Does the current protection of the spring pool wetland chain satisfyALUO 18 88 030 A c
No change for the chain The application shows that no change is planned for thespringboxlpiping pool bathhouse chain If this hot springs chain must be protected by ALUO18 88 030 A c then the we won t change it plan means that current protection must be deemedadequate to satisfy ALUO 18 88 030 A c
The current spring poolwetland chain satisfies ALUO because1 The resulting wetland on the bathhouse s west side which is probably from the bathhouse isincluded in the wetland calculation and directly protected by inclusion in the Lot 18 boundary2 The well pipe horizontal pipe to the pool and pool itself are secondary to the main naturalfeature which at this point is the wetland not the original spring area As long as the wetland area isprotected ALUO is satisfied
Or The current spring pool wetland chain doesn t satisfy ALUO because1 The pipes are old and rusted and in danger of leaking bursting which if not repaired or replacedwould rapidly dry up the pool and associated wetland2 The pool hasn t been maintained for over 50 years and leaks like a sieve according to thedeveloper at the hearing The leak pattern at this point is apparently consistent and has probablyproduced and sustained the adjacent wetland A major break or leak in the unmanaged pool wouldrapidly dry up or move the associated wetland3 Unless the piping and pool are maintained the associated wetland cannot be sustained Thusthey aren t currently protected
Finding 107 The wellpipes pipes to the pool and the pool are intermediate infrastructure totransfer water to the currentwetlands adjacent to the poolFinding 108 The well pipes pipes to the pool and the pool have not been maintained forover50 years and are in dangerof failure which would alter or destroy the adjacent wetlandFinding 109 The wetland on Lot 18 is not currently adequated protected underALUO18 88 030 A c
Question 5 Is the perpetual wet area on the bathhouse north side a wetland
The wetland survey excludes this area where the pool leaks accumulate against the curb eventuallyrunning over the curb into the storm drain This is probably a high mineral hot springs wetlanddiffering from the cold springs wetlands
The perpetual wet area on the bathhouse north side is not a wetland because1 Does not meet the 4 criteria2 Was excluded because the sidewalk replaced it RECEIVED
The perpetual wet area on the bathhouse north side is a wetland becausejUt
t City of Ashland
Community Development
1 Meets at least 2 of the 4 wetland criteria wetland plants cattails with perpetual standing water
Finding 110 The wet area north of the bathhouse is a wetland andits removal for a sidewalkshould be mitigated in Lot 19 or elsewhere on the properly
Question 6 Regardless of the wet area s status as a wetland area how shouldthe safety problems of the perpetual runoff be mitigated given that the runoff willbe adccross a sidewalk used by children walking to Helman Elementary School
The sidewalk will be very close to the bathhouse building which is much higher than street levelThe current leakage accumnulating against the curb will then runover the sidewalk which means icein winter and algae in summer which means slippery which means walking accidents which needsto be mitigated A few weeks when we had several consecutive days of overnight freezingtemperatures the perpetual standing water here froze solid and stay frozen during the day being inthe north side shadow of the building Some of the neighborhood kids had a delightful time shoeskating on the solid ice It stayed skate able for several days almost a week even aftertemperatures rose above freezing
The mitigation is straightforward though not simple It will probably be impossible to mitigate theperpetually slippery sidewalk without stopping the leaking which means pool repair Given theheight discrepancy it will probably not be feasible to stop the leakage onto the sidewalk otherwise
Finding 111 Current pool leakage willprobably create a perpetually wet sidewalk on RandySt at the bathhouse a negative effect on the neighborhoodFinding 112 Mitigation required forthis negative effect is pool repair to stop the leak
Question 7 How should the algae from perpetual curb overflow from coldsprings be mitigatedProblem It s key to realize what happens to cold and hot springs water from this parcel now and as
proposed It builds up against the Randy Street pavement until to rises to curb level overflows thecurb and then down the storm drain That means all this water is wasted We already have thenegative effects of algae in the gutter though it s not a walking hazard because we walk farther outin the street thus a pedestrian safety problem Once the sidewalk is poured the water will flowacross the sidewalk growing a wide swath of algae currently restricted to the curb and gutter andcreating a perpetual pedestrian safety problem for slipping If someone slips a jury might find thatperpetual water and slippery algae on a sidewalk to be negligence
Solution To mitigate this safety and health problem consider City Council s discussed goal ofRight Water Right Use This overflow water could and should be redirected to neighborhood
gardens or some other useful purpose rather than overflowing into a storm drain and creatingbreathing and safety prOblems on its overflow way Redirecting the water from waste to right usewould mitigate the negative effects of perpetual algae and its associated slipperiness
Conclusions
1 Without additional steps to protect the wetland and the springs pipe pool chain theapplication as submitted does not satisfy ALUO 18 88 030 A c and shou1fl pJed assubmitted
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City of Ashland
Community Development
2 As a condition of approvel the special wetland area north of the building should bemitigated by an equal wetland area sourced from hot springs water not coldspring water
3 As a condition ofapproval pool leak repair should be required to prevent the perpetualpool leak from creating a perpetual safety hazard on the proposed Randy Street sidewalk
4 As a condition of approval the overflow water from hotsprings and coldsprings shouldbe redirected to a right use such as watering nearby gardens rather than allowingperpetual sidewalk and curb overflow which creates perpetual breathing and walking safetyproblems from the waterand resulting algae
Possible Re Design Remedies
A wide variety of remedies are possible for the defect requiring rejection This list s purpose is tosuggest the scope required to remedy the defect not to recommend any particular remedy Theowner may wish to do none of these or some other alternative
1 Daylight hot springs water at the source Restore a wetland area at the springbox equivalent insize to the currentwetland by the pool Drain the wetland toward the current pool or through the treearea in Lot 202 Transfer hot springs water directly to the currentwetland rather than piping to the pool anddepending on pool leaks to sustain the wetland3 Repair the pool and pipe overflow water to the wetland to avoid depending on pool leaks tosustain the wetland4 Remove the pool bathhouse and construct the wetland where the current bathhouse is loweringthe height closer to street level5 Transfer hot springs water directly to the currentwetland rather than piping to the pool ancRECEIVEDdepending on pool leaks to sustain the wetland6 Other alternatives
i v f
Approval Issue 2 Mitigating Negative Traffic EffectsCity of Ashland
Community DevelopmentALUO 18 80 020 B7 Access to subdivision All major means of access to a subdivision or
major partition shall be from existing streets fully improved to City standards and which inthe judgment of the Directorof Public Works have the capacity to carry all anticipated trafficfrom the development
Key points Three key points about this requirement1 Existing streets not just new streets inside the development must be improved to City standards2 Access street improvements include ALL major means of access not just the primary access
route
3 All major means of access must have adequate carrying capacity for anticipated traffic
What s an access street Exhibit 1 shows my suggested guidelines for defining access streets
Helman Springs Development Access Streets
Helman Springs Development has 2 vehicle entrances Otis St and Randy St and 4 major means ofaccess
1 Otis primary Given that Glenn Street closure has been stopped the primary traffic pattern fromthe Otis St entrance is south on Drager to a T at Orange St then one block left to Laurel or 2 blocks
to Glenn at the railroad tracks and up the hill to N Main St2 Otis secondary The secondary Otis path would be Otis to Laurel splitting south to Orange and
north to Randy3 Randy primary The Randy exit primary path is Randy to Laurel splitting 3 ways south onLaurel to Main north on Laurel to Nevada St and continuing on Randy to Helman St4 Randy secondary The Randy exit secondary path is Randy to Elizabeth to Otis To Willow To
Orange
Access street map Combining these 4 paths the main access streets are shown on Exhibit 2 Weexpect residents on these street sections to notice a noticeable increase in traffic and its negativeeffects Laurel has traffic problems currently with residents using the time honored Plea In ABucket approach posting a hand made sign in a bucket saying PLEASE SLOW DOWN We needmore than bucket pleas We need developer paid mitigation for negative effects of its traffic on theneighborhood
Legal authorities There are 2 legal authorities for this requirement ALUO 18 80 020 B7 and therequirement to mitigate identified negative effects Given the requirement ofALUO 18 80 020 B7 toimprove all major access streets to current street standards it would be unfair for development trafficto be added to the existing traffic problems on Laurel St without code enforcement and or negativeeffects mitigation
Access street upgrade and traffic mitigation is a fairness issue It is one way a developer paysfor the full cost of the development by contributing to the city and neighborhood to mitigate problemsof increased traffic through the neighborhood Without access street upgrade part of thedeveloper s costs are shifted to city taxpayers or neighborhood families who bear the full brunt of thedangers and costs of the traffice For Laurel St already staggered by increased construction trafficfrom Billings subdivision this is a major safety issue since Laurel St is a school zone for HelmanElementary School
This is not a development design issue it s a money issue for sharing the costs for adding traffic toan existing neighborhood
Roughly proportional Following Dolan v City of Tigard a roughly proportional solution would be torequire as a condition of approval the subdivision to contribute to the neighborhood streetimprovement project
Number of blocks in major access streets to Helman Springs DevelopmentCurrent average costblock to upgrade paved street with sidewalks and crosswalksNevada L1D 249 000 6 blocks
Rough project cost for 5 block street improvement projectProportion of traffic added to Laurel Street 17 new lots x 7 trips per day 119 trips day
1547 current 119 addednew total trips per day 7 7 See attached Exhibit 1Roughly proportional share of neighborhood improvement project costs attributable tonew traffic from Helman Springs Development
Possible approaches to satisfy the code and mitigate negative traffic effects
5 blocks41 000
205 0007 7
15 769
1 Laurel LID Require participation in Laurel LID as a condition of approval This has been thehistorical solution in Ashland The disadvantage is that property owners still have voting power tostop the LID with a 2 3 remonstrance which makes it possible to never pay any money at all thoughrequired by code At the last hearing Bill Molnar said he was unaware of this LID sot1 tfilicopy See Exhibit 3 of the most recent schedule for Laurel Street project which has been in City s
f
4
Ciy of AshlandCommun y Deiel Pflent
Capital Improvement Plan for 10 years Its scheduled immediately after Nevada St LID currently inconstruction2 Pre payment Require the developer to pay at the current time 15 700 to City of Ashland to beused in street improvements for affected neighborhood streets with or without Laurel LID Thisrecommended option avoid the remonstrance barrier and avoids the situation where thedevelopment property owners pay more than their access street requirements dictate becauseLaurel LID could extend to Main Street or other direction beyond the access street requirements Italso avoids property owners being required to pay an amount unspecified at the time of developmentapproval and lot sales3 Both Combine solutions 1 2 my recommended solution Inclusion in Laurel LID is stillimportant because it s an important element of Res 1999 09 a joint community council ordinancedeveloped by Citizens for Fair LIDs And pre payment of the street improvement amount is criticalso the negative effects of traffic can be partially remedied with or without an LID
Radar signs One example shows why this option is so desirable This enables the money to beused for example for solar powered radar signs that awaken drivers to their actual speed Asshown in Exhibit 5 City recently purchased some of these signs to be rotated among our schoolzones Unfortunately they excluded Laurel St which strongly needs such a sign Such a radar signmight be the best mitigation for additional Drager St traffic rather than sidewalks Radar signscould be implemented immediately with or without an LID which is designed for major capitalimprovements in the 100 000 range
Conclusion Helman Springs Development should be approved only with the requirement thatHelman Springs Development be required to participate in Laurel Street LID and to pay upfront
15 1tJO as a condition of approval with said funds going to code fulfillment and mitigation of trafficlfects through Laurel LID and by pre payment of 15 700 to mitigate the negative effects of
subdivision traffic on the neighborhood
RECEIVED
City of Ashland
Community Development
d f1 hj
Suggested Guidelines And Issues In Defining A Development s AccessStreet
Art Bullock April11 2006
ALUO 18 8002087 Access to subdivision Allmajor means ofaccess to asubdivision or majorpartition shall be from existing streets fully improved to Citystandards and which in the judgment of the Director of Public Works have thecapacity to carryall anticipated traffic from the development
Three key points about this requirement1 Existing streets not just new streets in the development must be improved to Citystandards2 Access street improvements include ALL major means of access not just the primaryaccess
3 All major means of access must have adequate carrying capacity for anticipated traffic
Suggested Guidelines For Defining A Development s Access Street s
An access street starts at the development s entrance Where does the access street endPlanning Commission answers to this question define the developer s financial responsibilityfor street improvements
Here are 5 suggested guidelines to define the access streets for a given development1 Access streets shall be the routes vehicle traffic is expected to take most often or mostdirectly to the nearest arterial or collector street The most often routes handle most trafficvolume The most direct routes handle short cut traffic which is often disproportionatelydisruptive to a neighborhood Nearness is measured by vehicle route distance not as thecrow flies
2 A development s access street stops at a major intersection A major intersection is a pointon an arterial or neighborhood collector where vehicle traffic substantially divides into 2 ormore directions The access street may stop at a major intersection on a collector street thatis not the first collector intersection on the route from the subdivision
3 If the development is on an arterial or neighborhood collector street the access streetshall include part of that street
4 If the development is on a residential street the access street shall include residentialstreets used to reach the collector or arterial and may include part of a collector street
5 If the development s access street is partially or totally unpaved the developer shall beresponsible for costs to pave and improve it to street standards including any paved portion
over RECEIVED
JUN
Ji City of AshlandCommu ity Development
Background Issues
1 Arterial VS collector VS local streets The Ashland Street Standards Handbook definesstandards for 3 street categories in the Ashland Transportation System Master Plan arterialsMain Street Siskiyou Blvd Ashland Street Oak Street Mountain Avenue East Nevada
Street etc neighborhood collectors which feed traffic to arterials and local residentialstreets with the lightest traffic and lowest standards
2 Upgrading is not carrying capacity Many Ashland streets are wide enough to carrytraffic volume carrying capacity and still do not satisfy Ashland Street StandardsCarrying capacity will often NOT be a problem though other street standards will besidewalks park rows bike lanes crosswalks adequate drainage visibility at corners etcAshland was built with few sidewalks so walking in the street is common here Increaseddevelopment traffic means more potential vehicle pedestrian and vehicle bicyclist conflictespecially for children and school traffic Access street improvements can be as simple as
pouring a sidewalk at 4 5 per square foot and white thermoplastic painted laddercrosswalks like downtown for 275 each with ADA approved landings and ramps at thecorners Often street upgrades are done for pedestrians bicyclists and skateboarders not
for vehicles
3 Fairness Access street improvements are a fairness issue It is one way a developerpays the full cost of the development by bearing the financial costs to mitigate increasedtraffic problems in the neighborhood Without access street upgrades part of the developer s
costs are shifted to city taxpayers and neighborhood families who bear the brunt of the
dangers and costs to mitigate
4 Access streets VS perimeter Access street standards go far beyond putting sidewalksinside the development s perimeter Perimeter sidewalks on development property increasethe developer s land value Access street upgrades improve property value andneighborhood safety outside the development
RECEIVED
City of Ashland
Communily Development
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TRAFFIC SPEEDS IN SCHOOL ZONES
The City of Ashland recently acquired asolar powered radar speed display sign that automaticallydetermines and displays the speed of approaching cars The sign is currently in place on Walker Avenuenear the Walker Elementary School The sign will serve as aconstant reminder to motorists that this areais aschool zone with a maximum speed limit of 20 mph
Speeding in Ashland s school zones is a major concern of the school district parents and students of ourthree elementary schools as well as our middle school Studies have shown that speeding is most often aresult of driver inattention Motorists who travel the streets on a regular basis often become accustomed tothe same sights and signs thereby losing concentration They are often surprised to notice that they aretraveling well over the speed limit The speed display sign is intended to interject something different intothe streetscape and provide apositive reminder of our traveling speed versus the speed limit
To avoid becoming an unnoticed background object and to provide benefits to all of the elementaryschools the speed display sign will be periodically rotated among the four school zones The PublicWorks Department is constructing bases for the sign on Walker Avenue four locations Helman Streettwo locations and Tolman Creek Road two locations
The solar powered radar speed display sign was funded in part through agrant from the Alliance forCommunity Traffic Safety in Oregon in conjunction with the Ashland Traffic Safety Commission and theAshland Public Works Department The Engineering Division will monitor traffic speeds before during andafter placement of the sign to determine its effectiveness in slowing traffic speeds and making our schoolzones safer
Nancy SlocumPublic Works AdministrationCity of Ashland20 East Main StreetAshland OR 97520541 552 2420
RECEIVED
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SPEAKERS
June 13 2006
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iti 1 Speaker Request F nPlease complete this form and return to the City Recorder
THIS FORM IS A PUBLIC RECORDALL INFORMATION PROVIDED WILL BE MADE AV AILABLE TO THE PUBLIC
Meeting Date if II ln lp
fY11JtCUk 51 leA H
01QtSUBJECT
AGENDA NUMBER if on tonight s agenda
LAND USE HEARING Please check one FOR AGAINSTc
NAME A NuWvrPleas
ADDRESS no P O box 52tf 1yCLzrr S1
PHONE NUMBER 5 Crlg EMAILj
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WRITTEN COMMENTS
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5 vU Wt1 S t
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IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 Ifwritten documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part ofthe official record
c
l
Cif 0 Speaker Request F mPlease complete this form and return to the City Recorder
THIS FORM IS A PUBLIC RECORDALL INFORMAnON PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
Meeting Date
SUBJECT
AGENDA NUMBER if on tonight s agenda
LAND USE HEARING Please check one FOR AGAINST
WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address tor the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 Ifwritten documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part ofthe official record
I
0
SUBJECT I t I l
I I
Cif n Speaker Request r omPlease complete this form and return to the City Recorder
THIS FORM IS A PUBLIC RECORDALL INFORMAnON PROVIDED WILL BE MADE A VAILABLE TO THE PUBLIC
i i I
Meeting Date I
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AGENDA NUMBER if on tonight s agenda
fil i
tci icLAND USE HEARING Please check one FOR C AGAINST
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WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address tor the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 If written documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part ofthe official record
ith Speaker Request FCJ 11
Please complete this form and return to the City RecorderTHIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE AVAILABLE TO THE PUBLIC
Meeting Date JKR I Zco6
SUBJECT He t1 S S bdi v S trvJ
AGENDA NUMBER if on tonight s agenda
LAND USE HEARING Please check one FOR AGAINST
NAME r
ADD S noP O box 4 N V t Asw l 0
BER if ezt3Lfo EMAIL
WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 Ifwritten documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part of the official record
ith 1 Speaker Request Fe 11
Please complete this form and return to the City RecorderTHIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A VAILABLE TO THE PUBLIC
l l 6Meeting Date
SUBJECT 5 C CI C C7J 1 7 D4t s
AGENDA NUMBER if on tonight s agenda 5
NAME
10 J1
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AGAINST 1LAND USE HEARING Please check one FOR
ADDRESS no P O box 70 1 W t
7 tiEMAILPHONE NUMBER
WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 If written documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part of the official record
iti ISpeaker Request Ft jPlease complete this form and return to the City Recorder
THIS FORM IS A PUBLIC RECORDALL INFORMATION PROVIDED WILL BE MADE A VAILABLE TO THE PUBLIC
Meeting Date J 4
SUBJECT
AGENDA NUMBER if on tonight s agenda
LAND USE HEARING Please check one FOR AGAINST
111
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ADD S no P O oxC l l l Il
ER I XEMAIL
WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCILf
1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 If written documentation is presented please furnish one copy to the City Recorder for the
official record
II f i
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part of the official record
Citizen Speaker Request FornIPlease complete this form and return to the City Recorder
This form is a public rccord
SUBJECT
Meeting Date Ju e 13 2006
Helman Street Development Opposed To Application As Submitted
AGENDA NUMBER if on tonight s agendaPlanning Action 2006 00078
LAND USE HEARING Please check one FOR AGAINST
NAME Art BullockPlease print
ADDRESS no P O box 791 Glendower
PHONE NUMBER EMAIL
WRITTEN COMMENTSI request the record remain open for at least 7 days
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 If written documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder2 Written comments will be part of the official record
Citizen Speaker Request FormlPlease complete this form and return to the City Recorder
This form is a public record
SUBJECT
Meeting Date June 1 3 2006
Helman Street Development I Yield My Time To Art Bullock
Planning Action 2006 00078AGENDA NUMBER if on tonight s agenda
n
LAND USE HEARING Please check one FOR AGAINST
NAME Ii bVJ 771 tJIJ1I S J
Please print
ADDRESS no P O boxriy J
PHONE NUMBER f tJ Y1 EMAIL
WRITTEN COMMENTS 1 c 7 e 1Y J C tc AK 8TO
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A r L4i tJ e 4JI cIN r
pi vltICK 1 7 t 4 t rs t P 4L U Ii r JJ c
1 Co i jJ l dp L I A if 7e JefT g S P
l1I1 jf 1 tf c L
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder2 Address the City Council from the table podium microphone3 State your name and street address for the official record4 Please limit your comments to 5 minutes unless otherwise instructed by Mayor5 If written documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder
2 Written comments will be part of the official record
Citizen Speaker Request FornlPlease complete this form and return to the City Recorder
This form is a public record
Meeting Date June 13 006
SUBJECTHelman Street Development I Yield My Time To Art Bullock
Planning Action 2006 00078AGENDA NUMBER if on tonight s agenda
LAND USE HEARING Please check one FOR AGAINST
NAME Lance BisacciaPlease print
ADDRESS no P O box302 Cambridge St
PHONE NUMBER EMAIL
WRITTEN COMMENTS
IF YOU WISH TO ADDRESS THE CITY COUNCIL1 Please complete this form and return it to the City Recorder
2 Address the City Council from the table podium microphone3 State your name and street address for the official record
4 Please limit your comments to 5 minutes unless otherwise instructed by MayorS If written documentation is presented please furnish one copy to the City Recorder for the
official record
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL
1 Please complete this form and return to the City Recorder
2 Written comments will be part ofthe official record
APRIL 11 2006
HEARING NOTICEDBUT
POSTPONED
8
NOTE Anyone wishing to speak at any Planning Commission meeting is encouraged to do so If you wish to speak please rise andafter you have been recognized by the Chair aive vour name and comolete address for the record You will then be allowed to speakPlease note that public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed
ASHLAND PLANNING COMMISSIONREGULAR MEETING
APRIL 11 2006AGENDA
I CALL TO ORDER 7 00 PM Civic Center 1175 East Main Street
II ANNOUNCEMENTS
III APPROVAL OF MINUTES AND FINDINGS March 14 2006 Regular Meeting MinutesMarch 28 2006 Regular Meeting continued Minutes
IV PUBLIC FORUM
V TYPE III PUBLIC HEARINGS
A PLANNING ACTION 200600366 is a request for Annexation Comprehensive Plan and Zoning Map change fromJackson County zoning RR 5 Rural Residential to City of Ashland zoning M 1 Industrial and E 1 Employment for an
approximately 843 acre parcel located on Jefferson Ave The application is to develop a specialty automobile designresearch and fabrication and assembly campus in phases The application includes a request for the Site ReviewApproval of the first phase of the project including an industrial building approximately 41 000 square feet in size parkingareas and landscape installation The completion of Jefferson Avenue is required to serve the site and a PhysicalConstraints Review Permit is required for the design and installation of the Jefferson Ave crossing of the existing creekrunning south to north through the property An Administrative Variance to the Site Design and Use Standards isrequested to not include a front entrance directly facing Jefferson Avenue A Tree Removal Permit is requested toremove five trees greater than six inches diameter at breast height or greater in the building locations COMPREHENSIVEPLAN DESIGNATION Industrial and Employment ZONING M 1 E 1 ASSESSOR S MAP 39 1 E 14 A TAX LOT1104APPLICANT Craig Bramscher
VI TYPE II PUBLIC HEARINGS
A POSTPONED PLANNING ACTION 200600078 is a request for an Outline Planapproval under the Performance Standards Options Chapter 18 88 to subdivide the property into 21 lots including19 lots for single family homes and two lots for open space purposes for the property located at 247 Otis St AnException to Street Standards is requested to allow a meandering sidewalk along the Otis Street frontage topreserve existing mature trees Seven trees on site are proposed for removal and a Tree Removal Permit isrequired to remove two of those trees sized 18 inches diameter at breast height or greater on the propertyCOMPREHENSIVE PLAN DESIGNATION Single Family Residential ZONING R 1 5P ASSESSOR S MAP391 E 04 BC TAX LOT 400APPLICANT Sage Development LLC
B PLANNING ACTION 200600278 is a request for Site Review and Outline Plan approval under thePerformance Standards Options Chapter 18 88 of an eleven unit eleven lot multi family development for the propertylocated at 31 N Mountain Ave A Tree Removal Permit is requested to remove four trees on the siteCOMPREHENSIVE PLAN DESIGNATION High Density Multi Family Residential ZONING R 3 ASSESSOR S MAP
391E 09 AD TAX LOT 700APPLICANT Archerd Dresner LLC
In compliance with the Americans with Disabilities Act if you need special assistance to participate in this meeting please contact theCommunity Development office at 541488 5305 TTY phone is 1 800 7352900 Notification 48 hours prior to the meeting willenable the City to make reasonable arrangements to ensure accessibility to the meeting 28 CFR 35 102 35 104 ADA Title 1
CITY OF
ASHLAND A3
1II Planning Department 51 Winb Nay Ashland Oregon 97520541 488 5305 Fax 541 552 2050 www ashland or us TTY 1 800 735 2900
CITY OF
ASHLAND
PLANNING ACTION 2006 00078SUBJECT PROPERTY 247 Otis StOWNERAPPLICANT Sage Development LLCDESCRIPTION Request for an Outline Plan approval under the Performance Standards Options Chapter 18 88 tosubdivide the property into 21 lots including 19 lots for single family homes and two lots for open space purposesfor the property located at 247 Otis St An Exception to Street Standards is requested to allow a meanderingsidewalk along the Otis Street frontage to preserve existing mature trees Seven trees on site are proposed forremoval and a Tree Removal Permit is required to remove two of those trees sized 18 inches diameter at breastheight orgreater on the property COMPREHENSIVE PLAN DESIGNATION Single Family Residential ZONING R1 5P ASSESSOR S MAP 39 1 E 04 BC TAX LOT 400
ASHLAND PLANNING COMMISSION MEETING Aprif 11 2006 7 00 PM Ashland Civic Center
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held beforethe ASHLAND PLANNING COMMISSION on meeting date shown above The meeting will be at the ASHLAND CIVIC CENTER 1175 East Main StreetAshland OregonThe ordinance criteria applicable to this application are attached to this notice Oregon law states that failure to raise an objection concerning thisapplication either in person or by letter or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to theissue precludes your right of appeal to the Land Use Board of Appeals LUBA on that issue Failure to specify which ordinance criterion theobjection is based on also precludes your right of appeal to LUBA on that criterion Failure of the applicant to raise constitutional or other issuesrelating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action fordamages in circuitcourt
A copy of the application all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost andwill be provided at reasonable cost if requested A copyof the Staff Report will be available for inspection seven days prior to the hearing and willbe provided at reasonable cost if requested All materials are available at the Ashland Planning Department Community Development andEngineering Services 51 Winburn Way Ashland Oregon 97520During the Public Hearing the Chair shall allow testimony from the applicant and those in attendance concerning this request The Chair shall havethe right to limit the length of testimony and require that comments be restricted to the applicable criteria Unless there is a continuance if aparticipant so requests before the conclusion of the hearing the record shall remain open for at least seven days after the hearingIn compliance with the American with Disabilities Act if you need special assistance to participate in this meeting please contact the CityAdministrators office at 5414886002 TTY phone number 1 800735 2900 Notification 72 hours prior to the meeting will enable the City to makereasonable arrangements to ensure accessibility to the meeting 28 CFR 35 102 35 104 ADA Title I
If you have questions concerning this request please feel free to contact Susan Yates at the Ashland Planning Department 5414885305
At u Cvuuuu V uv
OUTLINE PLAN A18 88 030 A Criteria for AtlprovalThe Planning Commission shall approve the outline plan when it finds the following criteria have been meta That the development meets all applicable ordinance requirements of the City of Ashlandb That adequate key City facilities can be provided including water sewer paved access to and through the developmentelectricity urban storm drainage police and fire protection and adequate transportation and that the development will notcause a City facility to operate beyond capacityc That the existing and natural features of the land such as wetlands floodplain corridors ponds large trees rockoutcroppings etc have been identified in the plan of the development and significant features have been included in theopen 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 theComprehensive Plane That there are adequate provisions for the maintenance of open space and common areas if required or provided and thatif developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entireprojectf That the proposed density meets the base and bonus density standards established under this Chapterg The development complies with the Street Standards Ord 2836 S2 1999
EXCEPTION TO STREET STANDA DS18 88 050 F Exception to Street StandardsAn exception to the Street Standards is not subject to the Variance requirements of section 18 100 and may be granted withrespect to the Street Standards in 18 88 050 if all of the following circumstances are found to existA There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site orproposed use of the siteB The variance will result in equal or superior transportation facilities and connectivityC The variance is the minimum necessary to alleviate the difficulty andD The variance is consistent with the stated Purpose and Intent of the Performance Standards Options ChapterOrd 2836 Amended 02 02 1999
TREE REMOVAL18 61 080 Criteria for Issuance of Tree Removal Staff PermitAn applicant for a Tree Removal Staff Permit shall demonstrate that the following criteria are satisfied The Staff Advisor mayrequire an arborist s report to substantiate the criteria for a permitA Hazard Tree The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a treeis a hazard and warrants removal1 A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons orproperty A hazard tree may also include a tree that is located within public rights of way and is causing damage to existingpublic or private facilities or services and such facilities or services cannot be relocated or the damage alleviated Theapplicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeabledanger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatmentor pruning2 The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18 61084 Suchmitigation requirements shall be a condition of approval of the permitB Tree that is Not a Hazard The City shall issue a tree removal permit for a tree that is not a hazard if the applicantdemonstrates all of the following1 The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land UseOrdinance requirements and standards e g other applicable Site Design and Use Standards The Staff Advisor may requirethe building footprint of the development to be staked to allow for accurate verification of the permit application and2 Removal of the tree will not have a significant negative impact on erosion soil stability flow of surface waters protectionof adjacent trees or existing windbreaks and3 Removal of the tree will not have a significant negative impact on the tree densities sizes canopies and species diversitywithin 200 feet of the subject property
The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and noreasonable alternative exists to allow the property to be used as permitted in the zone Nothing in this section shall requirethat the residential density be reduced below the permitted density allowed by the zone In making this determination theCity may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen theimpact on trees so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance
4 The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC18 61084 Such mitigation requirements shall be a condition ofapproval of the permit
ORD 2883 added 06 04 2002
jJ IG commdev planning Templates NOTlCEPC2 doc
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that
1 I am employed by the City of Ashland 20 East Main Street Ashland
Oregon 97520 in the Community Development Department
2 On March 22 2006 I caused to be mailed by regular mail in a sealed
envelope with postage fully prepaid a copy of the attached Planning Action
Notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person s name for Planning Action 2006 00078 247
Otis Street
Signature of Employee
SIGNED AND SWORN TO before me this 22nd day of March 2006
OFFICIAL SEALCAROLYN SCHWENDENERNOTARY PUBLIC OREGON
COMMISSION NO 390825MY COMMISSION EXPIRES MAR 20 2009
Notary ublic for State of OregonMy Commission Expires S t IJ1
Comm DevPlanning Templates
PA 2006 00078 39lE04BC 1103ALSING ALLEN A TRUSTEE ET AL
970 WALKER AVE
ASHLAND OR 97520
PA 2006 00078 391E04BC 134
ARMITAGE S E JRDEBRA A K
205 RANDYASHLAND OR 97520
PA 2006 00078 391E04BC 1213BLISS TODD W
PO BOX 1608
MONTEREY CA 93942
PA 2006 00078 39lE05AD 159
CHAMBERS CHRISTOPHER590 ELIZABETH ST
ASHLAND OR 97520
Pi tf29909978 391E91BC W01
CLOVER Dt VE TRUSTEE51N LUREL ST
SHLAND OR 97520
PA 2006 00078 391E04BC 132DANNER BRYANT C TRUSTEE821 BERKSHIREFLINTRIDGE CA 91011
PA 2006 00078 39lE04BC 131
FARRELL PATRICIA L
709 N LAUREL ST
ASHLAND OR 97520
PA 2006 00078 39lE05AD 168FLYNN KEVIN ROXANNE605 ELIZABETH AVBASHLAND OR 97520
PA 2006 00078 391E05AD 501
HOLT REBECCA L
300 OTIS STASHLAND OR 97520
PA 2006 00078 391E05AD 116JOHNSON DOUGLAS C E MMICKE254 CAMBRIDGE STASHLAND OR 97520
PA 2006 00078 391E04BC 133AMAROTICO EMILE JIKAREN195 RANDY STASHLAND OR 97520
PA 2006 00078 391 E05AD 145
BISACCIA LANCE E
POBOX 579
ASHLAND OR 97520
PA 2006 00078 39lE05AD 144
BOUSE ANN M
290 CAMBRIDGE STASHLAND OR 97520
PA 2006 00078 391E04BC 400
CHAMBERS SYLVIA S
2225 H ST
EUREKA CA 95501
PA 2006 00078 391E05AD 508COCHRAN JOSEPH FBARBARA A
495 WILLOW ST
ASHLAND OR 97520
PA 2006 00078 391E05AD 513DENNETT MARKMARTHA1257 SISKIYOU BLVD PMB 136ASHLAND OR 97520
PA 2006 00078 391E04BC 502FELGER CAROLEE ITRSTEE FBO
200 TOLMAN CREEK RD
ASHLAND OR 97520
PA 2006 00078 391E04BC 136HAMER BERNARD W
196 CAMBRIDGE STASHLAND OR 97520
PA 2006 00078 391 E05AD 500JAFFE ROBERTA344 OTIS ST
ASHLAND OR 97520
Pf tf29999978 391E05iD 157JOHNSON DOUGLi S CE MMICKE254 CAMBRIDGE STf SHLND OR 97520
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PA 2006 00078 391E05AD 136APPLEBERRY LIJA
704 WILLOW ST
ASHLAND OR 97520
PA 2006 00078 39lE05AD 139
BLACK ROBERT HBLACK MARJORIE32742 ALIPAZ 148
SAN JUAN CPISTRNO CA 92675
PA 2006 00078 39lE05AD 166
BRESLAUER MARVIN H TRUSTEE ET
305 RANDY STASHLAND OR 97520
PA 2006 00078 391E04BC 1003CLOVER DAVE TRUSTEE
546 N LAUREL STASHLAND OR 97520
PA 2006 00078 391E05AD 142COPELAND SANDRA LEE
266 CAMBRIDGEASHLAND OR 97520
PA 2006 00078 391 E05AD 137ETTERS TERRY RDEBORAH A
PO BOX 954KLAMATH FALLS OR 97601
P tf 29900078 391ElHBC 503FELGERCAROLEEI TRSTEEFBO200 TOLMAN CREEK RD
ASHLND OR 97520
PA 2006 00078 391E05AD 162HILL LINDA MARLENE1124 DONALDO CTSOUTH PASADENA CA 91030
PA 2006 00078 391 E05AD 164JENSEN STEVE CAROL355 OTIS ST
ASHLAND OR 97520
PA 2006 00078 391E05AD 160KALB JOHN MSHARl L
580 ELIZABETH ST
ASHLAND OR 97520
Qv ao
PA 2006 00078 391E05AD 169KLINE RICHARD AlKLINE DALE A
400 WHERSEY ST 2
ASHLAND OR 97520
PA 2006 00078 391E04BC 135LEIGHTON J JENNINGS BRUCE206 CAMBRIDGE STASHLAND OR 97520
PA 2006 00078 391E05AD 158MACDONELL DOUGLAS M SUE M
150 HIGH ST
ASHLAND OR 97520
PA 2006 00078 391 E05AD 511
MEST ALAN D TRUSTEE ET AL
2009 VOORHEES AVE
REDONDO BEACH CA 90278
PA 2006 00078 391E05AD 171OPGENORTH JOHNIMARY LINDON575 ELIZABETH AVE
ASHLAND OR 97520
PA 2006 00078 391E05AD 117
PERRY SARAH J MAGEE ANTIONE
705 WILLOW ST
ASHLAND OR 97520
PA 2006 00078 391 E04BC 1102
ROBERTSON DENNiS TRSTEE FBO531 N LAUREL ST
ASHLAND OR 97520
PA 2006 00078 391E04BC 1204SESSIONS ALICE E TRSTEE FBO
523 N LAURELASHLAND OR 97520
PA 2006 00078 391E04BC 1100TAYLOR ANNE C492 WILLOW STASHLAND OR 97520
PA 2006 00078 391E05AD 143KNUDSEN SANDRA L
276 CAMBRIDGE STASHLAND OR 97520
PA 2006 00078 391E05AD 506LIND LAUREN332 OTIS ST
ASHLAND OR 97520
P 2 Qii 0007 391B05AD 1ii3
MACDONELL DOUGLf 8 M SUB M150 HIGH 8TA SHLAND OR 97520
PA 2006 00078 391E04BC 501MYERS WILLIAM BIMARIE E1711 VIEW PL
MEDFORD OR 97504
PA 2006 00078 391E04BC 1205ORREAL LLC7 15 162ND ST 12 8A
NEW YORK NY 11357
PA 2006 00078 391E05AD 504
RING ERIC ET AL
481 WILLOW STASHLAND OR 97520
PA 2006 00078 391E04BC 1212SCHACHTER STEFAN J
PO BOX 1192
ASHLAND OR 97520
PA 2006 00078 391E05AD 507STOUT CARLYLE III TRSTE FBO356 OTIS ST
ASHLAND OR 97520
PA 2006 00078 391 E05AD 165TIERNEY CARYN L ET AL
295 RANDY STASHLAND OR 97520
PA 2006 00078 391E05AD 503LANG JUDITHM
320 OTIS ST
ASHLAND OR 97520
PA 2006 00078 391E05AD 170MAAG MICHAEL KlGWENEVERE L585 ELIZABETH STASHLAND OR 97520
PA 2006 00078 39IE05AD 138
MCKENZIE MICHAEL TRUSTEE ET AL
6597 CANE LN
VALLEY SPRINGS CA 95252
PA 2006 00078 391E05AD 161OCHOA MARIE
570 ELIZABETH STASHLAND OR 97520
PA 2006 00078 391E05AD 140PATTON CLAY LAURIE265 RANDY ST
ASHLAND OR 97520
PA 2006 00078 391E04BC 100ROBERTSON BRUCE RlROBIN707 HELMAN ST
ASHLAND OR 97520
PA 2006 00078 391E04BC 600SCHOOL DISTRICT 5885 SISKIYOU BLVD
ASHLAND OR 97520
PA 2006 00078 391E05AD 100STRATTON JOHN D TRUSTEE ET AL
POBOX214JACKSONVILLE OR 97530
PA 2006 00078 391E04BC 1104
WERFEL CATHERINE L
210 OTIS STASHLAND OR 97520
CJvtVo3
PA 2006 00078 391E05AD 141WOOD WANDA JO TRUSTEE FBO
275 RANDY STASHLAND OR 97520
PA 2006 00078
SAGEDEVELOPMENTLLC2305 ASHLAND STREET SUITE C446
Ashland OR 97520
PA 2006 00078JRH TRANSPORTATION ENGINEERINGI 175 EAST MAIN STREET SUITE I CMEDFORD OR 97504
PA 2006 00078UPPER LIMB IT TREE SERVICEPO BOX 881Ashland OR 97520
PA 2006 00078 391E04BC 504WREN JOHN B JR ET AL
1820 EAGLE MILL RD
ASHLAND OR 97520
PA 2006 00078 391E05AD 167
WYNN BETTYTALBOT TRSTE FBO
315 RANDY ST
ASHLAND OR 97520
PA 2006 00078
KENCAIRN KERRY
545 A STREETAshland OR 97520
PA 2006 00078NORTHWEST BIOLOGICAL CONSULTANTS
SCOTT ENGLISHPO BOX 671Ashland OR 97520
PA 2006 00078CASCADERESEARCH LLC
271 MORTON STREETAshland OR 97520
PA 2006 00078THORTON ENGINEERING
JAMES PEARSON1236 DISK DRIVE SUITE IMEDFORD OR 97504
PA 2006 00078
POLARIS LAND SURVEYINGSHAWN KAMPMANN
PO BOX 459Ashland OR 97520
PA 2006 00078
BULLOCKART
791 GLENDOWERAshland OR 97520
tf1CII 0I
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ATTN LEGAL PUBLlCATIL ANDREA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the AshlandLand Use Ordinance will be held before the Ashland Planning Commission April 11 2006 at 7 00 p mCivic Center 1175 East Main Street Ashland OR At such Public Hearing any person is entitled to beheard
Outline Plan approval under the Performance Standards Options Chapter 18 88 to subdivide the property into 21lots including 19 lots for single family homes and two lots for open space purposes for the property located at 247Otis St An Exception to Street Standards is requested to allow a meandering sidewalk along the Otis Streetfrontage to preserve existing mature trees Seven trees on site are proposed for removal and a Tree RemovalPermit is required to remove two of those trees sized 18 inches diameter at breast height or greater on theproperty
Site Review and Outline Plan approval under the Performance Standards Options Chapter 18 88 ofan eleven uniteleven lot multi family development for the property located at 31 N Mountain Ave A Tree Removal Permit isrequested to remove four trees on the site
Annexation Comprehensive Plan and Zoning Map change from Jackson County zoning RR 5 Rural Residential toCity of Ashland zoning M l Industrial and E l Employment for an approximately 843 acre parcel located on
Jefferson Ave The application is to develop a specialty automobile design research and fabrication and assemblycampus in phases The application includes a request for the Site Review Approval of the first phase ofthe projectincluding an industrial building approximately 41 000 square feet in size parking areas and landscape installationThe completion ofJefferson Avenue is required to serve the site and a Physical Constraints Review Permit isrequired for the design and installationof the Jefferson Ave crossing of the existing creek running south to norththrough the property An Administrative Variance to the Site Design and Use Standards is requested to not includea front entrance directly facing Jefferson Avenue A Tree Removal Permit is requested to remove five trees greaterthan six inches diameter at breast height or greater in the building locations
In compliance with the Americans with Disabilities Act if you need special assistance to participate in this meeting please contact the OtyAdministrators office at 541 488 6002 TTY phone number 1 800 735 2900 Notification 72 hours prior to the meeting will enable the dty tomake reasonable arrangements to ensure accessibility to the meeting 28 CFR35 102 35 104 ADA Title I
By order of the Planning ManagerBill Molnar
Publish 3 30 06
Date e mailed 3 23 06
Purchase Order 71724
7 1r t
memo m m saGeDEVELOPMENT
From
Maria Harris City ofAshlandPlanning DepartmentDevian Aguirre Sage Development LLC
4 18 2006
Extension for ORS 227 1781
SuiteC446
2305 Ashland St
Ashland OR 97520
To
Date
RePH 5414884114
FX 541 4884566
Dear Maria
Here is the signed form requesting a90 day extension for planning action
ORS 227 1781Thank you
Sincerely
Devian AguirreSage Development LLC
C I
IN THE MATTER OF PLANNING ACTION 2006 00078
Request for an Outline Plan approval under the Performance Standards OptionChapter 18 88 to subdivide the property into 21 lots including 19 lots for singlefamily homes and two lots for open space purposes An Exception to the StreetStandards is requested to allow ameandering sidewalk along the Otis Street
frontage to preserve existing mature trees Seven trees on site are proposed forremoval and a Tree Removal Permit is required to remove two ofthose trees sized18 inches diameter at breast height and greater on the property
REQUEST FORAN EXTENSIONOF THE TIME
LIMITORS227 178 1
APPLICANTS Sa e Development llC
Applicants request a90 day extension to the time limit set forth in ORS 227 1781
A1 I
6A1oe Up
pCou
1 lJDateli
t
Applicant Date
Note ORS 227178 5 provides that the 120 day period set in ORS 227 178 1 maybe extended for a specified period oftime at the written request ofthe applicant The totalofall extensions may not exceed 245 days
t CI tJ
Apr 03 06 12 13p Oevian Aguirre 5414884566 p 1
facsimile JIll saGeDEVELOPUENT
To Marie Kania A8blaDd PIannin Dept Fe 541 552 2050 SuiteC4462305 Ashland St
From Sage Devdopmem Phone 541 552 2233Ashland OR 97520Date 4I3l2OO6
pc
PH 5414884114Re Extension Request Pages 2 includingCOYerFX 541 4884566
Dear Marie
Here is the signeddocumeut for a request for a90day extension for planning action200600078
ThanklOU for your helpSincerely
Michelle TaylorSageleftIopment
0 13
Apr 03 06 12 13p Devian Aguirre 5414884566 p2UU4 f UU
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av a Ii
1N THE MATTER Of PLANNING ACTION 200600078Request ot an Outline Plan approval under the fcdonnancc Standards OptionChapter 11 88 to subdivide the property into 21 lots inclumnc 19 lOll for singlefamily homes and fWo Jots for open space purpose An ExCf4lion to the StreetSlarldard8 is requesced to allow ameandering sidewalk aJoog Ibc Otis Streetfrontage lO preserve existing mature trees Seven trees 011 siteepropused furremoval and aTree Removal Pclmitis IeqUiJed to removelMOof hose trees sized18 iocbcsc1iameta at b ast height aod grealer un the property
REQUEST FORAN EXTENSIONOF TIlE TIMELlMrr
f ORS 227 178 1
AP UCANTS Sage JoP ltLLC
Applicants request a 90 day extension to the time liJait set fortb in ORS 227 178J
St J
l L
tH2 o
Date
Applicant Date
Note ORS 227 1785 provides that the t2Oday period lIet in ORS 227 178 1 maybe extcJ1ded for aspecified period of time at the wriacn request ofthe appliQnc The toWofall eXlenljjonl may Dot exceed 24S daysl
J11
lli iJ J3 Ed 11LQfi D2fW aC b
f P 9 1j
FromTo
Date
Subject
Kerry Kencairn kerrykai@mind netMaria Harris maria@ashland or us324 2006 11 22 17 AM247 Otis notice
Maria I am sorry for not doing this earlier but for various reasons weneed to postpone the hearing of this project We woul dlike to have itheard at the May planning meeting Thanks
Kerry KenCairnKenCairn Sager Landscape Architects Inc545 A Street Suite 3Ashland Oregon 97520e mail kerrykai@mind netphone 541 488 3194 fax 541 552 9512
15
MARCH 14 2006
PLANNING COMMISSIONPACKET
7 WI
nr y
A Planning Department 51 Winb Nay Ashland Oregon 97520541 488 5305 Fax 541 552 2050 www ashland orus TTY 1 800 735 2900
CITY OF
ASHLANDPLANNING ACTION 2006 00078SUBJECT PROPERTY 247 Otis StOWNERAPPLICANT Sage Development LLCDESCRIPTION Request foran Outline Plan approval under the Performance Standards Chapter 18 88 tosubdivide the property into 24 lots including 22 lots for single family homes and two lots for open space purposesfor the property located at 247 Otis St An Exception to Street Standards is requested to aIow a meanderingsidewalk along the Otis Street frontage to preserve existing mature trees Seven trees on site are proposed forremoval and a Tree Removal Permit is required to remove two of those trees sized 18 inches diameter at heightand greater on the property COMPREHENSIVE PLAN DESIGNATION Single Family Residential ZONING R 15P ASSESSOR S MAP 391E 04 BC TAX LOT 400
NOTE This Planning Action will also be heard by the Ashland Tree Commission on March 9 2006 at 7 00 p m in the CommunityDevelopment and Engineering Services building Siskiyou Room located at 51 Winburn Way
ASHLAND PLANNING COMMISSION MEETING March 14 2006 7 00 PM Ashland Civic Center
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held beforethe ASHLAND PLANNING COMMISSION on meeting date shown above The meeting will be at the ASHLAND CIVIC CENTER 1175 East Main StreetAshland OregonThe ordinance criteria applicable to this application are attached to this notice Oregon law states that failure to raise an objection concerning thisapplication either in person or by letter or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to theissue precludes your right of appeal to the Land Use Board of Appeals LUBA on that issue Failure to specify which ordinance criterion theobjection is based on also precludes your right of appeal to LUBA on that criterion Failure of the applicant to raise constitutional or other issuesrelating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action fordamages in circuitcourtA copy of the application all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost andwill be provided at reasonable cost if requested A copy of the Staff Report will be available for inspection seven days prior to the hearing and willbe provided at reasonable cost if requested All materials are available at the Ashland Planning Department Community Development andEngineering Services 51 Winburn Way Ashland Oregon 97520During the Public Hearing the Chair shall allow testimony from the applicant and those in attendance concerning this request The Chair shall havethe right to limit the length of testimony and require that comments be restricted to the applicable criteria Unless there is a continuance if aparticipant so requests before the conclusion of the hearing the record shall remain open for at least seven days after the hearingIn compliance with the American with Disabilities Act if you need special assistance to participate in this meeting please contact the CityAdministrators office at 5414886002 TTY phone number 1 800735 2900 Notification 72 hours prior to the meeting will enable the City to makereasonable arrangements to ensure accessibility to the meeting 28 CFR 35 102 35 104 ADA Title IIf you have questions or comments please feel free to contact Susan Yates at the Ashland Planning Department 541488 5305
G comm dev plannmg NotICes Mailed2006 00078 doc
OUTLINE PLAN APPROVA18 88 030 A Criteria for AtlprovalThe Planning Commission shall approve the outline plan when it finds the following criteria have been meta That the development meets all applicable ordinance requirements ofthe City ofAsWandb That adequate key City facilities can be provided including water sewer paved access to and through the developmentelectricity urban storm drainage police and fire protection and adequate transportation and that the development will not cause a
City facility to operate beyond capacityc That the existing and natural features ofthe land such as wetlands floodplain corridors ponds large trees rock outcroppingsetc have been identified in the plan ofthe development and significant features have been included in the open space commonareas and unbuildable areas
d That the development ofthe land will not prevent adjacent land from being developed for the uses shown in the ComprehensivePlan
e That there are adequate provisions for the maintenance ofopen space and common areas ifrequired or provided and that ifdevelopments are done in phases that the early phases have the same or higher ratio ofamenities as proposed in the entire projectf That the proposed density meets the base and bonus density standards established under this Chapterg The development complies with the Street Standards Ord 2836 S2 1999
EXCEPTION TO STREET STANDARDS18 88 050 F Exception to Street StandardsAn exception to the Street Standards is not subject to the Variance requirements of section 18100 and may be granted withrespect to the Street Standards in 18 88 050 ifall ofthe following circumstances are found to existA There is demonstrable difficulty in meeting the specific requirements ofthis chapter due to a unique or unusual aspect ofthesite orproposed use ofthe siteD The variance will result in equal or superior transportation facilities and connectivityC The variance is the minimum necessary to alleviate the difficulty andD The variance is consistent with the stated Purpose and Intent ofthe Performance Standards Options ChapterOrd 2836 Amended 02 021999
TREE REMOVAL18 61 080 Criteria for Issuance of Tree Removal Staff Permitapplicant for a Tree Removal Staff Permit shall demonstrate that the following criteria are satisfied The StaffAdvisor may require an arborist s report to substantiate the criteria for a permitA Hazard Tree The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicantdemonstrates that a tree is a hazard and warrants removal1 A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injurepersons or property A hazard tree may also include a tree that is located within public rights of way and iscausing damage to existing public or private facilities or services and such facilities or services cannot berelocated or the damage alleviated The applicant must demonstrate that the condition or location of the treepresents a clear public safety hazard or a foreseeable danger of property damage to an existing structure andsuch hazard or danger cannot reasonably be alleviated by treatment or pruning2 The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18 61084Such mitigation requirements shall be a condition of approval of the permitB Tree that is Not a Hazard The City shall issue a tree removal permit for a tree that is not a hazard if theapplicant demonstrates all of the following1 The tree is proposed for removal in order to permit the application to be consistent with other applicableAshland Land Use Ordinance requirements and standards e g other applicable Site Design and Use StandardsThe Staff Advisor may require the building footprint of the development to be staked to allow for accurateverification of the permit application and2 Removal of the tree will not have a significant negative impact on erosion soil stability flow of surface watersprotection of adjacent trees or existing windbreaks and3 Removal of the tree will not have a significant negative impact on the tree densities sizes canopies andspecies diversity within 200 feet of the subject property
The City shall grant an exception to this criterion when alternatives to the tree removal have been consideredand no reasonable alternative exists to allow the property to be used as permitted in the zone Nothing in thissection shall require that the residential density be reduced below the permitted density allowed by the zone Inmaking this determination the City may consider alternative site plans or placement of structures or alternatelandscaping designs that would lessen the impact on trees so long as the alternatives continue to comply withother provisions of the Ashland Land Use Ordinance4 The City shall require the applicant to mitigate for the removal ofeach tree granted approval pursuant to AMC18 61084 Such mitigation requirements shall be a condition of approval of the permit ORD 2883 added 6 4 02
il JG comm dev planning Notices Mailed2006 OOO78 doc
Planning Commission Holley hoped the Planning Commission would put weight in the recommendations brought to them bythe Tree Commission
TYPE II PUBLIC HEARINGSPLANNING ACTION 2006 00078
REQUEST FOR AN OUTLINE PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS CHAPTER 18 88 TO SUBDIVIDE THEPROPERTY INTO 24 LOTS INCLUDING 22 LOTS FOR SINGLE FAMILY HOMES AND TWO LOTS FOR OPEN SPACE PURPOSESFOR THE PROPERTY LOCATED AT 247 OTIS ST AN EXCEPTION TO STREET STANDARDS IS REQUESTED TO ALLOW AMEANDERING SIDEWALK ALONG THE OTIS STREET FRONTAGETO PRESERVE EXISTING MATURE TREES SEVEN TREES ONSITE ARE PROPOSED FOR REMOVAL AND A TREE REMOVAL PERMIT IS REQUIRED TO REMOVE TWO OF THOSE TREESSIZED 18 INCHES DIAMETER AT HEIGHT AND GREATER ON THE PROPERTYAPPLICANT SAGE DEVELOPMENT
Site Visits orEx Parte Contacts Site visits were made by all CommissionersMarsh reported she had a work related lunch a few weeks ago and heard the developer describe a concept for energyefficiency she was considering for the development but nothing was germane to tonight s discussion
STAFF REPORTHarris explained the application requires three approvalsI Subdividing the property for the development of22 residential units and two lots for open space As outlined in theStaff Report the project will be done in two phases The fIrst phase willbe development of 18 lots and two openspaces and the second phase is development offour lots Access willbe provided by a new public street through thecenterofthe development connecting with Otis and Randy An alley will provide access to ten ofthe proposed lots Apublic sidewalk on Randy will be continued to Laurel Street to provide safe passage to Helman School An openspace area is proposed along the western site boundary and anarea ofapproximately 4 000 square feet in the northeastcorner ofthe site Information is contained in the packet regarding the wetlands 2 Exception to the Street Standardsto bring the sidewalk to the curb side on Otis Street to preserve a Monterey Cypress tree and 3 Tree Removal Permitfor the removal oftwo trees that are greater than 18 inches diameter at breast height dbh One is in the buildingenvelope and one is in the location ofthe new street Staff believes the approval criteria have been met in Chapter18 88 and 18 61
Main Issues1 Trees along Otis Street According to the tree inventory provided six trees are in fair condition and fIve have poortolerance to construction The trees are a prominent feature ofthe site The Street Standards require pedestrianfacilities on the frontage Ifa sidewalk goes in in the long term what is the likelihood the trees will survive Staffhas suggested they look at that in further detail at Final Plan Also some construction techniques have beensuggested2 Wetland Area Ideally there would be a delineation ofthe wetlands at this point A preliminary report has beenprovided Staff suggested the Commission could consider approving the application pending the wetland delineationIfa signifIcantly larger or more wetlands were discovered on site the applicant would have to come backand modifythe Outline Plan before they could move forward The question to answer is Have the natural features beenincorporated into the open spaces and buildable area
Staff is recommending approval ofthe application with the 26 Conditions included On a separate sheet there issuggested language for Condition 10 Also a possible Condition 27 That all homes shall qualify in the AsWandEarth Advantage program The applicant shall meet with AsWand Conservation Division regarding eligible siteactivities prior to issuance ofan excavation permit requiring Earth Advantage documentation andshall be submittedwith each building permit
Add the word not to Condition 9 Structures signs and vegetation shall not beplaced
Since the lots in this subdivision would be smaller than required in anR 5 zone Marsh wondered if the surroundinglots are consistently 5 000 to 6 000 square feet Harris believed mostofthe surrounding lots are in the 6 000 to 9 000square foot range However she noted if the alley square footage is calculated in the proposed subdivision it addsapproximately another 500 square feet to those homes that would gain access by way ofthe alley The StreetStandards encourage the use ofalleys
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Harris said a Condition is included that when Final Plan is reviewed the Phase 2 timing needs to be described Theworstcase scenario is the lot with the buildings could just be left as one big lot as long as the buildings are in placeMolnar said if they are going to be phased the City wants to make sure there is an appropriate proportion ofopenspace perphase
PUBLIC HEARINGDEVlAN AGUIRRE 2782 Siskiyou Boulevard introduced her team She said the site has been driven by the naturalfeatures municipal ordinances and state ordinances They realize there is a lot ofwork yet to do They would like tomake their application to the state with the blessing ofthe City and come back at Final Plan incorporating all theconditions and requirements from the state
The Helman Baths and the home have not had any maintenance in about 40 years The ownerwanted to sell theproperty but not the pool even though the family has not resided on the property for years Phase II is notcurrentlypart ofthe Aguirre s transaction It will remain in the ownership ofthe family and is not part ofthis discussionAguirre is required to outline delineate and provide for the remainder ofthe portion as the whole parcel She will
probably not everbe bringing back Phase II to the Commission The pool is not currently fed by a spring underneaththe pool There is a box spring created in the 1880 s running 120 feet that feeds the pool The wetlands area isseparate
DON RIST 260 Joy Drive Talent OR is the property owner s representative The owner specifically excluded the pooland house from the agreement with Aguirre because the owner wants to keep the property in the family The owner
has no intention ofimproving or making the pool a public pool It is fed by a well that is over 100 years old The
designed wetlands are notpart ofthe water that fills the pool
Aguirre said they accept the Conditions in the Staff Report
KERRY KENCAIRN 147 Central said their findings address the development ofthe whole site showing how the lotscould be developed if PhaseI happens and Phase II follows Phase II can be left outofthe whole subdivision
approval The sizes oflots amount ofopen space the percentages required have been worked outwith Phase II as
part ofthe subdivision and with Phase II removed
STEVE KOSKELLA 215 Scenic Drive K C Environmental Services said he looked on the site in September and earlyOctober At that time the vegetation had all been mowed andmulched so it was impossible to determine the
vegetative component ofthe wetland at that time They ll visit the site again in April to check the vegetation It is
obvious there is an active spring near the northern portion ofthe area identified as the wetlands The land slopes fromnorth to south the water from that spring slopes through there creating the wetland They will present their findingsto the state The state makes a fmal determination The spring that feeds the swimming pool does notmeet thecriteria for a jurisdictional wetland He s never run across a wetland that has been so completely altered 100 yearsago
KenCairn said the spring box willbe retained and will continue to feed the pool The water from the pool goes intothe storm drain system The pool leaks There are two conveyances across the property
TOM MYERS Upper Limb lt Tree Service 2040 Ashland Mine Road said he did the tree inventory He doesn t knowwhen the trees were cut and he didn t notice anynew cutting The trees on the site have not been maintained
Aguirre said she is comfortable with Staff s plan to allow for the accommodation ofthe trees There might be some
other type ofmitigation they could do that would serve everyone betterfor the long term Even if the trees are
carefully trimmed she still believes there are going to beproblems
Concerns wereexpressed about the sulphur smell that might be coming from the pool area and also the likelihood of
stagnant water on the property creating a breeding ground for mosquitoes KenCairn responded that the wetlands will
keep flowing at the rate the spring is flowing in Ifthe water is moving there should notbe a mosquito issue Aguirreadded that this is a highly altered site They will be required by the state to allow for a healthy movement ofwater
Marsh asked howthe applicants envisioned the design elements for public access KenCairn said there is a publicaccess adjacent to Lot 2 that connects with the street adjacent to the wetland She imagines people will be able to
ASHLAND PLANNING COMMISSIONREGULAR MEETINGMARCH 14 2006MINUTES
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walk through the area where it is not too wet The area will have wetland plantings Paths willprobably go along the
edges in order to not impact the wetland habitat
ART BULLOCK 791 Glendower recommended notapproving this plan as submitted because I the wetlands and
springs should be protected and property integrated into the site 2 require improvement to access streets bebroughtto City standards and 3 financially participate in the Laurel Street LID Bullock submitted his written comments forthe record
Chapman asked what access streets are notup to standards Bullock said the section between Laurel and OrangeStreets and possibly Drager ifGlenn is closed and a small section ofOtis They should be required to meet the StreetStandards
ANNE T AYLOR 492 Willow Street said her house is a one story ranch style house Her lot and most ofthe lots in her
neighborhood are one third larger than those proposed Most ofthe houses proposed willbe two story and about 37
feet tall This is a quiet neighborhood and the impact ofthe additional vehicle trips per day will have an impact She
hopes the trees will be protected The density concerns her There is wildlife on the property
DAVID CHASMAR 468 N Laurel Street said he is opposed to this project as presented This is a site ofhistorical
significance the baths house springs and the well and hot water coming up on the site He does not like the
density The project needs to be examined much more thoroughly Currently you couldn t walk thru the propertywithout getting wet That site should be preserved and made into something for the City He believes the springs andthe bathhouse should be preserved
LIJA APPLEBERRY 704 Willow Street said this is an area ofsmall homes conducive to young families Our
elementary schools are losing population and it s been nice to have more modest priced homes in the neighborhoodShe does notwant the hot spring put underground She would recommend a more thorough study ofthe soil and
hydrology ofthe site before approving the subdivision She questions the density ofthe homes if there is poor
drainage Most ofthe existing homes have sump pumps and French drains And more problems are caused for theareas downhill from this site She would recommend more trees When they start digging mostofthe existing trees
probably won t survive
CYNDI DION 897 Hillview showed a map ofwetland inventory ofthis area The missing wetland that appears on theLocal Wetland Inventory LWI map is considered by Fishman wetland consultant as a significant wetland and
registered by the Division ofState Lands DSL The wetland has been drained and re conformed with fill This
happened long before thisplanning action She doesn t know if a removal fillpermit had been applied for There is a
lot of water coming across this property A proposed house is designed to partially coverthe hot sulphur springThere is off gassing that happens on a daily basis Where is the missing significant wetland She would like to see a
study done with monitoring for a year so we can see where all the wetlands reside There is a culvert that is an openditch that pools up at the north endofthe property with fingers ofstagnant water with water falling over the curb andinto the storm drain There is a stream designated on the LWI that has been culverted and part ofa tree died after theculvert was installed
Dion believes the intent ofthe Performance Standards is to have open spaces usable for all She does not believe the
emergent wetlands can everbe developed therefore the square footage should notbe taken into consideration for
density bonus
BILL HICKS Engineering Geologist 190 Vista Street said in his opinion we shouldunderstand subsurface informationon the ground the geology underlying the evolution ofthe area There is a fault from Jackson Hot Springs runningunder thisarea to the Ashland Food Co op There is leakage from these faults Won t the foundation conditionstreatment and construction cause the drainage and destruction ofthe wetlands How much ground water is flowingthrough the wetlands More information is needed before a decision is made
Questions ofStaffby Commissioners
Harris said Laurel Street exceeds the standards driving surface but it is missing a parkrow and sidewalks She is not
familiar with the LID that was mentioned The sidewalkand pedestrian improvements gets difficult off site becauseofthe Supreme Court rulings Dolan in terms ofhow much sidewalk improvement can be required off site TheDolan case determined there has to be somekind ofrough proportionality between the proposed land use and how
manyoff site transportation improvements are required Staff focused on getting the connection to Laurel Street on
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Randy With regard to improving the access streets the applicant has to show that adequate transportation has beenmet
Harris clarified that Dion was referring to the open space conservation density and the applicant is notusing that Atthis point they are not proposing any density bonus
Molnar said the final map received from DSL doesn t identify the wetland as significant DSL is going to requiredelineation ofthe entire property That willbe the time to find the extent ofthe wetland boundaries
Harris suggested rewording Condition 20 to state That the timing ofPhase II development lot creation and
development shall be addressed in the Final Plan application The Randy Street improvement shall be installed withthe Phase I improvement prior to a signature ofthe final survey plat However the home is extremely close to the
property line if not over This will have to be addressed at Final Plan
Add to the last sentence ofCondition 8 Off site sidewalk improvements on Randy Street connecting the site to
Laurel Street shall be included in the preliminary engineering
There is a side yard setback requirement in the Performance Standards subdivision requiring half the height ofthewalls between the buildings in the setback This is covered under Condition 24 and could require more information at
Final Plan
The Commission asked if it is appropriate to use the square footage ofthe Phase II area to compile base densities forPhaseI Staffsaid yes because a lot is being created Molnar said it will depend on how they plat the subdivisionHe is notsure it would comeout to four units if it is notpart ofthe subdivision
Fields said it is up to the Commission to interpret how the hot springs fits into the existing andnatural features ofthesite
Rebuttal KenCairn said they have no trouble with the conditions Harris added She would like to condition a way to
legally conserve the hot spring box and the function ofthe hot spring and pull the building envelope back so there isno encroachment The wetlands issues are identified by aerial photos The state will look at the information the
applicant provides along with historic information to make sure they are delineating what is there Aguirre submittedaerial photographs ofthe area dating 1939 1960 and 1994
KenCairn said in order to meet solar structures will notbe over33 feet in height at the peak
DotterrerlMorris ms to extend the meeting to 11 00 p m Voice Vote Approved
COMMISSIONERS DISCUSSION AND MOTION
The Commissioners discussed the following issues
Density There are diverse lot sizes Because the lots are smaller there is agreater opportunity to draw families to
this neighborhood Using alleys to access the garages from the rear is a positive way to ameliorate garage access inthe front particularly since someofthe homes will be using everypossible amount ofair space Additionally the site
is flat close to a school and close to downtown
LID issues Most ofthe Commissioners were reluctant to include this project in the Laurel LID The applicant is
providing sidewalks contiguous with the development Is it fair to require more or stretch it farther Are there more
options for added conditions that Staff can provide at Final Plan Should this group contribute to anything going on
with Laurel Street Let the Council decide
Some ofthe questions and comments concerning the wetlands and the natural features ofthe site follow Are the
wetlands a natural feature The wetlands have to be delineated by the state The feature that attracts the mostpublicinterest and has the most historic value is the hot springs However it s the wetlands that are the environmentalfeature the applicant is planning to preserve What happens ifPhase II is removed from the project Is the hot springsa natural feature Is the hot springs feeding a pool It would be nice to see a pool as part ofthe amenity Thesubdivision doesn t include it Would it be better to take it outofthe project The wetland is a concern along with
preservation ofthe hot springs How can the hot springs be preserved if it is on private land Can public access be
provided Will the hot springs benefit a private individual because we are trying to preserve these things for a
ASHLAND PLANNING COMMISSIONREGULAR MEETINGMARCH 14 2006MINUTES
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community purpose It doesn t necessarily mean everyone gets to use it Maybe the applicants can come up with
something more meaningful to do with the hot springs Ifthe water rights belong to the owner ofPhase II how can
you do anything else with this feature Should the wetlands be fenced
Molnar heardthe applicant say this is a 19 lot subdivision and Phase II is a future phase Phase II is not excludedbecause it is one large lot withinthe development Do the majority believe the hot springs is a natural feature Ifso
the ordinance states the natural features shall be included in open space common areas and unbuildable areas The
only thing Performance Standards defmes is an open space a common area designated or set aside for members ofthe development Molnar said if the applicant intends to completely exclude the bath from the subdivision it wouldhave to be partitioned offand then they would come forth with aplan for the remaining property
DoumaMarsh mls to continue the hearing The Commissioners agreed that they would like to see the applicantincorporate the natural feature hot springs into the whole property in a way that meets the spirit and intent ofthe
Performance Standards Is the applicant interested in coming back to them with a plan for the development ofthewhole site in whichthe hot springs is treated as a natural feature according to the ordinance for benefit ofthe whole
development
RE OPEN THE PUBLIC HEARINGAre the applicants open to a continuance and are they willing to extend the 120 days another 60 days Aguirrerecognizes the issue regarding the hot springs She believes there is an opportunity to use a natural resource that hasbeen under utilized for 50 years The current owner wants to continue to use and will their right to use the pool to
their relatives on the East Coast Aguirre has asked that she be included in that decision She has the opportunity to
share in the water rights and include them in her project She wanted a conceptual idea before going to DSL Ifshe isexcluded from the source ofwater it weakens her position She wants to work with the owner in a more collaborative
way
DON RIST said one ofthe conditions is that the well is deeded to her for the pool
Aguirre added that the pool does have value and the hot water is a resource that can be shared
Fields announced that PA2006 00384 631 Clay Street will be continued to March 28 2006 at 7 00p m at the
Council Chambers
PA2006 00078 ResumedKenCairn would like to put a conservation easement on the well both functionally andphysically and remove PhaseII as part ofthe application However if the Commission is going to deny the application they would rather continue
the hearing
Fields said they would like more detail regarding how Phase II is a natural feature
The public hearing was closed
DoumaMarsh mls to amend the motion by adding the applicant has granted a continuance and agreed to extend the 120
day periOd an additional 60 days Roll Call The motion was unanimously approved
ADJOURNMENT The meeting was adjourned at II 08 p m
RespectfUlly submitted bySue Yates Executive Secretary
ASHLAND PLANNING COMMISSIONREGULAR MEETINGMARCH 14 2006MINUTES
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that
1 I am employed by the City of Ashland 20 East Main Street Ashland
Oregon 97520 in the Community Development Department
2 On February 23 2006 I caused to be mailed by regular mail in a
sealed envelope with postage fully prepaid a copy of the attached Findings to
each person listed on the attached mailing list at such addresses as set forth on
this list under each person s name for Planning Action 2006 00078 247 Otis
Street
a tfbpSign re of Employee
SIGNED AND SWORN TO before me this 23rd day of February 2006
Notary Public for State of OregolJMy Commission Expires Aj l 7
Comm DevPlanning Templates
4feI
ImpreSSion antlbourrage et a sechage rapideUtilisez Ie gabarit 5160@
PA 2006 0078 391E04BC 1103ALSING ALLEN A TRUSTEE ET AL
970 WALKER AVE
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ARMITAGE S E JRDEBRA A K
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PA 2006 0078 391E05AD 159CHAMBERS CHRISTOPHER590 ELIZABETH ST
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PA 2006 0078 391E05AD 508COCHRAN JOSEPH FBARBARA A
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PA 2006 0078 391E05AD 513
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PA2006 0078 391E04BC 131FARRELL PATRICIA L
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PA 2006 0078 391E05AD 168FLYNN KEVIN ROXANNE605 ELIZABETH AVEASHLAND OR 97520
PA 2006 0078 391E05AD 501HOLT REBECCA L300 OTIS STASHLAND OR 97520
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PA 2006 0078 391E05AD 144BOUSE ANN M
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PA 2006 0078 391E04BC 1003CLOVER DAVE TRUSTEE546 N LAUREL STASHLAND OR 97520
PA2006 0078 391E05AD 142COPELAND SANDRA LEE266 CAMBRIDGEASHLAND OR 97520
PA 2006 0078 391E04BC 400EGGERTAILI S2225 H STEUREKA CA 95501
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PA 2006 0078 391E05AD 500JAFFE ROBERTA344 OTIS ST
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PA 2006 0078 391E05AD 157JOHNSON DOUGLAS CEM MICKE254 CAMBRIDGE STASHLAND OR 97520
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PA 2006 0078 391E05AD 162HILL LINDA MARLENE
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PA 2006 0078 391E05AD 164JENSEN STEVE CAROL
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ATTN LEGAL PUBLlCATI3 ANDREA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the AshlandLand Use Ordinance will be held before the Ashland Planning Commission March 14 2006 at 7 00 p m
Civic Center 1175 East Main Street Ashland OR At such Public Hearing any person is entitled to beheard
Outline Plan approval under the Performance Standards Chapter 18 88 to subdivide the property into 24lots including 22 lots for single family homes and two lots for open space purposes for the propertylocated at 247 Otis St An Exception to Street Standards is requested to allow a meandering sidewalkalong the Otis Street frontage to preserve existing mature trees Seven trees on site are proposed forremoval and a Tree Removal Permit is required to remove two of those trees sized 18 inches diameterat height and greater on the property
Conditional Use Permit and Site Review to expand the use of the property located at 631 Clay St for a
private elementary school Waldorf School The school is grades K 8 and is projected at full build out toinclude ten classrooms and accommodated up to 180 students The proposal includes the addition offive buildings and site improvements including parking and landscaping installation A PhysicalConstraints Review Permit is requested for a pedestrian crossing of the drainage Cemetery Creek atthe northwest corner of the property
In compliance with the Americans with Disabilities Act if you need special assistance to partidpate in this meeting please contact the CityAdministrators office at 541 488 6002 TTY phone number 1 800 735 2900 Notification 72 hours prior to the meeting will enable the city tomake reasonable arrangements to ensure accessibility to the meeting 28 CFR35 102 35 104 ADA Title I
By order of the Planning ManagerBill Molnar
Publish 3 2 06
Date e mailed 223 06
Purchase Order 70294
ojlt of
ATTN LEGAL PUBLICATIONS ANDREA
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the AshlandLand Use Ordinance will be held before the Tree Commission on March 9 2006 at 7 00 p m at the officeof Community Development and Engineering Services Siskiyou Room located at 51 Winburn WayAshland OR At such Pubic Hearing any person is entitled to be heard
Outline Plan approval underthe Performance Standards Chapter 18 88 to subdivide the property into 24 lots including22 lots for single family homes and two lots for open space purposes for the property located at 247 Otis St AnException to Street Standards is requested to allow a meandering sidewalk along the Otis Street frontage to preserveexisting mature trees Seven trees on site are proposed for removal and a Tree Removal Permit is required to removetwo ofthose trees sized 18 inches diameter at height and greater on the property
Conditional Use Permit and Site Review to expand the use of the property located at 631 Clay St for a privateelementary school Waldorf School The school is grades K 8 and is projected at full build out to include tenclassrooms and accommodated up to 180 students The proposal includes the addition of five buildings and siteimprovements including parking and landscaping installation A Physical Constraints Review Permit is requested fora pedestrian crossing ofthe drainage Cemetery Creek at the northwest comerofthe property
In compliance with the Americans with Disabilities Act if you need special assistance to partidpate in this meeting please contact the atyAdministrators office at 541 488 6002 T1Y phone number 1 800 735 2900 Notification 72 hours prior to the meeting will enable the dty tomake reasonable arrangements to ensure accessibility to the meeting 28 CFR 35 102 35 104 ADA Title I
By order of the Planning ManagerBill Molnar
Publish 227 06
Date e mailed 2 23 06
Purchase Order 70294
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GEOGRAPHIC INFORMATION SYSTEM
247 Otis Stsubdivision
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ASHLAND PLANNING DEPARTMENTSTAFF REPORT
March 14 2006
PLANNING ACTION 2006 00078
APPLICANT Sage Development LLC
LOCATION 247 Otis St
ZONE DESIGNATION R I 5P
COMPREHENSIVE PLAN DESIGNATION Single Family Residential
APPLICATION DEEMED COMPLETE February 16 2006
120 DAY TIME LIMIT June 15 2006
ORDINANCE REFERENCE 18 20 R l Single Family Residential District18 61 Tree Preservation and Protection18 88 Performance Standards Options
REQUEST Request for an Outline Plan approval under the Performance Standards OptionChapter 18 88 to subdivide the property into 24 lots including 22 lots for single family homesand two lots for open space purposes An Exception to the Street Standards is requested to allowa meandering sidewalk along the Otis Street frontage to preserve existing mature trees Seventrees on site are proposed for removal and a Tree Removal Permit is required to remove two ofthose trees sized 18 inches diameter at breast height and greater on the property
I Relevant Facts
A Background History of Application
There are no other planning actions ofrecord for this site
B Detailed Description ofthe Site and Proposal
The project site is situated in the center ofthe block between Randy and Otis streets andElizabeth A venue and North Laurel Street A single family residence and a largeoutbuilding that houses anatural spring pool are situated near Randy Street on theproperty There is also a small accessory building in the center ofthe site
The site housed the Helman Baths a private pool house that was open to the publicfrom 1886 to 1956 The property was included in the Helman land claim filed by Abel
Planning Action 2006 00078
Applicant Sage Development LLCP fi
iAshland Planning Department Staff Report
Page 1 of 16
Helman in 1852 one ofthe founding fathers ofAshland Abel Helman s sons began andoperated the Helman Baths At one point Otis Helman expanded the property into aparkthat included tourist cabins abaseball diamond and grandstand Acultural resource
inventory for the site is included in the application The inventory includes quotes fromlocal newspapers in which people indicated that Native Americans came to the site to use
the natural springs and camped on the site prior to the Helman land claim beingestablished
The site is moderately sloped with the western portion averaging approximately a5downhill slope to the north and the eastern portion averaging approximately a 2 slope tothe north The application includes a tree inventory which identifies 24 trees six inchesdiameter at breast height dbh and greater The majority ofthe trees are located in thenortheast comerofthe property and along the Otis Street frontage A wetland has beenpreliminarily delineated on the west side ofthe site
The subject parcel as well as the surrounding properties and neighborhood are located inthe R I 5 Single Family Residential district The properties directly surrounding the siteas well as the larger neighborhood in the area are developed as single family homes
1 Outline Plan for Performance Standards Options Subdivision
The applicant is requesting Outline Plan approval to subdivide the property for the
development oftwenty two single family homes The project is described in two
phases with the development of 18 homes and twoopen space areas in the first
phase and the development offour homes in the second phase The existingresidence and the hot springs pool structure would be preserved on one large lot
during the first phase The second phase would include the development ofthisarea into four lots with four single family homes The application specifies thatthe timing for the development ofthe first phase would begin upon all necessaryapprovals It is not clear at what point the development ofthe second phasewould take place A sample elevation is provided for the residential units
The proposal is to provide access to the subdivision by constructing a new publicstreet that would run through the center ofthe site with the south end connectingto Otis Street and the north end connecting to Randy Street The street would bebuilt at the Neighborhood Street standard The frontage ofthe property on Randyand Otis streets will be improved with a parkrow and sidewalk
An alley in roughly an L shape is included in the interior ofthe site The alleywould provide rear access to ten of the proposed lots Access to the remaininglots would be by way ofthe new street with the exception oftwo lots The
application describes each home as having a double cargarage including two offstreet parking spaces On street parking spaces are available on the new street as
well as the Randy and Otis street frontages
Two open spaces areas are proposed including an area roughly three fourths ofan
acre in size along the western site boundary and an area approximately 4 000
Planning Action 2006 00078
Applicant Sage Development LLCAshland Planning Department Staff Report
Page 2 of 16
square feet in size in the northeast comer ofthe site The western area wouldinclude the wetland area and the northeastern comer includes four ofthe largerhealthy trees on site The wetland open space abuts the rear yards offour ofthefive properties on Elizabeth Avenue On the north side it is adjacent to RandyStreet and the eastern boundary ofthe wetland open space is adjacent to the new
street A multi use path connects the wetland open space to Otis Street Theapplication says that the multi use path will provide a through connection forpedestrian access
The application includes a preliminary wetland findings report for the site The
preliminary determination ofthe boundary ofthe wetlands is included in the
application materials as well as flagged on the site The report from the wetlandconsultant states that the wetland is approximately 60 acres in size and isassociated with a natural spring on the site The plan submittals indicate that
portions of the wetland around the perimeter will be filled for street constructionand mitigated in other portions ofthe wetland open space
a Public Facilities
Existing and proposed public facilities have been identified on the site planand discussed in a narrative Existing and proposed upgrades include
An eight inch water line will be installed to serve the site withconnections to the existing system in Randy and Otis streets
An eight inch sanitary sewer line will be installed to serve the site withconnections to the existing system on Randy and Otis streets The
existing sewer line running through the site will be removed and flowsdirected to the new line
A IS inch storm drain line will be installed to serve the site withconnections to the existing system on Randy and Otis streets The
existing sewer line running through the site will be removed and flowsdirected to the new line Storm drainage will be detained on site andmetered out to Randy Street
Electric utilities and layout are not addressed in the application
Paved access is provided by Randy and Otis streets as well as by the
proposed new street running through the site
New public sidewalks will be installed on the Randy and Otis
frontages as well as on both sides of the proposed new street runningthrough the site The application does not show asidewalk on RandyStreet adjacent to the wetlands open space
A new public sidewalk appears to be proposed on Randy Street
Planning Action 200600078
Applicant Sage Development LLC J J iLAshland Planning Department Staff Report
Page 3 of 16
connecting the eastern boundary ofthe street to North Laurel Street
2 Exception to the Street Standards
The application includes a request for an Exception to the Street Standards tomeander the sidewalk on the Otis Street frontage to preserve existing trees Theproposal is to curve the sidewalk around two trees using a curbside sidewalk at thewestern comer ofthe intersection ofthe proposed new street with Otis Street
3 Tree Removal Permit
The application includes a Tree Protection and Removal Plan as required inChapter 18 61 that delineates trees on the property oversix inches diameter atbreast height dbh identifies trees slated for preservation and removal identifiestree condition and construction tolerance and outlines tree protection measures
The site contains a variety ofdeciduous and evergreen trees including SugarMaples Walnuts Western Catalpas a White Mulberry a Monterey Cypress an
Arizona Cypress an Oregon Ash and pear trees The majority ofthe significantlysized trees are located on the Otis Street frontage and in the northeast comer ofthesite and are identified for preservation
A total of seven trees are identified for removal as part ofthe project including a
17 inch dbh Walnut in the Otis Street right ofway in the area ofthe proposedintersection two pear trees six inch and 13 inch dbh in the building envelope forLot 1 a20 inch dbh Arizona Cypress in the building envelope for Lot 20 a 22inch dbh Weeping Willow in the roadbed ofthe new street and a nine inchWalnut and a ten inch Walnut in the building envelope for Lot 16 The treesidentified for removal are a mix ofpoor fair and good condition ratings
II Proiect Impact
The project requires a subdivision approval since it involves the creation ofresidentiallots in the R l zoning district An Exception to the Street Standards is required tomeander the sidewalk to the curb on the Otis Street frontage Finally a Tree RemovalPermit is required to remove trees which are 18 inches diameter at breast height andgreater In accordance with Chapter 18 108 the application is required to be reviewedunder the Type II process with a public hearing
A Outline Plan for Performance Standards Options Subdivision
In Staffs review ofthe proposal the application appears to meet the approval criteria forOutline Plan approval Chapter 18 88 Performance Standards Options allows a flexiblelot layout and design approach in an effort to preserve natural features as well as
encourage creative and energy efficient site and building design To this end the base
density of the project is based on the total site area While perimeter and front yardsetbacks must conform to the requirements ofthe zoning district the lot sizes and interior
Planning Action 2006 00078
Applicant Sage Development LLCi 1
Ashland Planning Department Staff ReportPage 4 of 16
site setbacks can vary in size
The site has a base density of 19 53 units The proposal is to use the conservation densitybonus to increase the number ofunits to 22 19 53 units x 15 conservation density bonus
2 92 As aresult the proposal satisfies the density requirements ofChapter 18 88The adjacent parcels to the site area fully developed with single family homes Theproposed subdivision will not prevent adjacent land from being developed in accordancewith the R l zoning district Ashland Land Use Ordinance and Ashland ComprehensivePlan
Sheet S 1 delineates the proposed building envelopes setbacks solar setbacks and
driveway locations With the exception ofthe side yard setback shown on lots 12 and 22the standard yard setbacks shown meet the requirements ofChapter 18 88 The side yardabutting a public street for lots 12 and 22 is required to be a minimum often feet and sixfeet is shown A condition has been added requiring that the building envelope ismodified accordingly for the Final Plan submittal The solar setbacks appear to beaddressed but the final determination is made at the building permit submittal Finallythe driveway aprons are separated by 24 feet as required in the street standards
Existing public facilities and utilities are in place to service the project and have beenidentified on the preliminary utility plan and grading plan Water sanitary sewer andstorm sewer services are available from Otis Street and will connect through the site to
the existing system in Randy Street Electric utilities and layout are not addressed in the
application A condition has been added that an electric layout plan is submitted with an
application for the Final Plan
Paved access is provided by Randy and Otis streets as well as by the proposed new street
running through the site Primary access to the neighborhood is by way ofNorth LaurelStreet which is classified as an Avenue major collector Randy and Otis streets as wellas the proposed street carry relatively low volumes oftraffic and are classified as
Neighborhood Streets Helman School is the primary attractor for pedestrian traffic in the
neighborhood A Traffic Impact Study was prepared for the project and has beenincluded with the application The study projects that the intersections surrounding thesite involving Randy Otis Willow Drager and North Laurel streets will continue to
operate at acceptable levels with build out ofthe proposed project
New public sidewalks will be installed on the Randy and Otis frontages as well as on
both sides ofthe proposed new street running through the site Though not specified inthe application materials staff understands the applicant will propose an alternative
pedestrian walkway through the wetland open space A new public sidewalk appears to
be proposed on Randy Street connecting the eastern boundary ofthe site to North LaurelStreet Staff believes this sidewalk connection will help provide a safe route to theHelman School site by providing a link in the pedestrian system that connects to the
existing sidewalks on the section ofRandy Street that is east ofNorth Laurel Street
For the most part the new street and alley meet the requirements of the Ashland StreetStandards An Exception to the Street Standards is requested to use a curbside sidewalk
Planning Action 2006 00078
Applicant Sage Development LLC IJ t
Ashland Planning Department Staff ReportPage 5 of 16
at the comer of the new street and Otis Street This part ofthe proposal is discussedbelow The application does not show a sidewalk on Randy Street adjacent to thewetlands open space A sidewalk is required in this area unless an Exception to the StreetStandards is requested A condition has been added requiring the sidewalk in this area to
be addressed at a Final Plan application Sheet P l shows the on street parking that isavailable for the subdivision In addition to the two offstreet parking spaces that are
required for each unit one on street space is required for each unit Sheet P l delineatesthe parking spaces available on the new street as well as the Randy and Otis street
frontages The on street parking requirement is easily satisfied with over 60 on street
spaces identified
1 Preservation of Natural Features
The Outline Plan approval criteria require That the existing and naturalfeaturesof 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 andunbuildable areas The subject site includes large stature trees and wetlands
a Large Trees
The application includes a tree inventory and Tree Protection and RemovalPlan Most ofthe trees are located in the Otis Street right of way adjacentto the property frontage and in the northeast comerofthe site The
proposal preserves all but one tree in the Otis Street right of way and
preserves the large stature trees in the northeast comer The northeastcomer of the property where the large stature trees are located is
designated as an open space for the subdivision
There are 24 trees on the site and in the Otis Street right of way
Seventeen trees are proposed for retention and seven are proposed for
removal Of the seven trees proposed for removal three are identified as
in fair or poor condition and four trees are identified in good conditionThe two larger stature trees that are to be removed and are in goodcondition are a Arizona Cypress tree 14 on sheet T l and a WeepingWillow tree 15 The Arizona Cypress is 20 inches dbh and is identified
as a species which has good construction tolerance This tree is proposedfor removal because it is in building envelope for lot 20 The WeepingWillow is 22 inches dbh and is identified as aspecies which has moderateconstruction tolerance The willow is located in the location ofthe new
street In Staff s opinion the proposed open spaces and street
improvements have been designed to accommodate a significant number
ofthe large trees on the site In Staffs opinion focusing on savingclusters oftrees at the perimeter ofthe subdivision provides the most
buffer to existing residences and seems to provide the best conditions for
the long term health ofthe trees
Planning Action 2006 00078
Applicant Sage Development LLC 17Ashland Planning Department Staff Report
Page 6 of 16
I
In reviewing the Tree Protection and Removal Plan Staff has twoconcerns First the utility plan does not appear to be coordinated with theTree Protection and Removal Plan For example individual water
connections are shown in several of the protected tree areas to serve lots 16 and lot 12 A condition has been added requiring the utility informationto be shown on the Tree Protection and Removal Plan for a Final Plan
application
The second staff concern involves the compatibility ofthe trees to bepreserved in the Otis Street right of way with sidewalk and street
improvements There are nine trees to be preserved in the Otis Streetright of way see table below Six of these trees are identified in faircondition and five of the seven trees have poor tolerance to constructionIn addition several of the trees are on the prohibited and not recommendedstreet tree list
The Weeping Willow and Walnuts are included in the prohibited street
tree list Weeping Willow roots tend to heave the sidewalk and pavementrequire extensive yearly pruning to maintain sidewalk and street clearanceand are subject to wind and snow damage due to a weak branch structureWalnuts are included in the prohibited street tree list because the fruit dropcauses a mess on the sidewalk and the branch structure is weak Western
Catalpa is included in the non recommended street tree list because thebark is thin and easily damaged and the branches and pods drop in thesummer causing a mess on walking surfaces Staff believes the intent ofthe prohibited and non recommended street tree lists is to prevent the
planting ofthe species as new street trees and should not be used as
justification alone to take out existing trees However the potentialcompatibility problems may warrant further information on the long term
practicality ofsaving some of the trees along the Otis Street frontage of the
project
Trees to be Preserved in Otis Street Right of WayCommon Name Latin Name DBH Construction Condition
Tree Number on sheet T 1 Tolerance
Suqar Maple 1 Acer saccharinum 61 moderate goodWestern Catalpa 2 Catalpa speciosa 9 moderate fair
non recommended street tree
Monterey Cypress 4 Cupressus macrocaroa 43 poor qoodWeeping Willow 5 Salix babylonica 47 moderate poor
prohibited street tree
White Mulberry 6 Morus alba 38 good fairWalnut four trees 7 10 Juglans hindsli 21 29 poor fair
prohibited street tree
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In Staffs opinion the applicant has done acommendable job in designingthe street improvements around the large trees in the Otis Street right of
way The application recognizes that the trees contribute to the oldcharacter ofthe site The applicant s landscape architect and arboristhave extensive expertise in the species sidewalk compatibility issuesdiscussed above and most likely have considered the issues At the same
time Staff believes the preservation ofthe trees along Otis Street needs tobe balanced with the long term viability of the trees in this location Staff
suggests further information should be submitted at a Final Plan
application that evaluates the likelihood ofthe survival ofeach tree givensurrounding street improvements Inaddition individual construction andmaintenance recommendations may be necessary to work around trees
with poor and moderate construction tolerance
b Wetlands
The application includes a preliminary wetland findings report for the sitewith a preliminary determination ofthe boundary ofthe wetlands The
report from the wetland consultant states that the wetland is approximately60 acres in size and is associated with a natural spring on the site The
plan submittals indicate that portions of the wetland around the perimeterwill be filled and mitigated in other portions ofthe wetland open spaceThe wetland is incorporated in an open space in an area roughly threefourths of an acre in size along the western site boundary
The Ashland Local Wetlands Inventory identifies two areas ofpossiblewetlands on site with one being on the west side ofthe site as delineated inthe application materials The second wetland is shown adjacent to thesouthern boundary ofthe site roughly between the intersection ofOtisStreet with Willow and Drager
The Oregon Division ofState Lands DSL has reviewed the applicationmaterials and has determined that the development will require a wetlanddeterminationdelineation report to be submitted for state review and
approval Removal fill permits may be required for wetland changes byDSL and the U S Corps of Engineers Ideally the wetlanddeterminationdelineation report would be completed and reviewed byDSL and the U S Corps of Engineers prior to submission of the
application This would provide detailed information about the nature andextent ofthe wetlands on site for the local land use review process and
prior to approval ofa subdivision plan
However given that the state and federal review process can be time
consuming Staff believes that a reasonable approach would be for the
Planning Commission to approve the Outline Plan with a condition thatthe final determinationdelineation report to be prepared and submittedand the necessary state and federal permits received prior to the Final Plan
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application Since the Outline Plan criteria require natural features such as
wetlands to be preserved and incorporated into the open space for thesubdivision an approval ofthe application will assume that the
preliminary determination is correct If the delineation report submitted to
the state differs significantly from the preliminary determination i e
larger area or numerous wetland areas the Outline Plan will have to bemodified prior to an application for the Final Plan
B Exception to the Street Standards
An Exception to the Street Standards is requested to use a curbside sidewalk at the comer
of the new street and Otis Street The Ashland Street Standards require a minimum ofaseven foot side parkrow between the curb and the sidewalk on streets classified
Neighborhood Street The minimum parkrow standard is met in all ofthe proposed street
improvements with the exception ofan approximate 40 foot length of sidewalk at thenorthwest comer ofthe intersection ofthe new street with Otis Street The sidewalk is
proposed to be curbside in this location to preserve a 43 inch dbh Monterey Cypress near
the comer
The Exception to the Street Standards requires a demonstrable difficulty in meeting the
parkrow requirement Clearly if a parkrow were installed to standard the sidewalkwould be next to or intrude into the trunk of the tree and most likely require tree
removal The proposed curbside sidewalk is at the shortest length possible while still
maintaining workable curves in the sidewalk The preservation of the trees is consistentwith the purpose ofChapter 18 88 Performance Standards Option In Staffs opinion the
application meets the approval criteria for an Exception to the Street Standards
C Tree Removal Permit
Chapter 18 61 ofthe Ashland Land Use Ordinance ALUO Tree Preservation and
Protection requires a Tree Removal Permit for two of the seven trees designated for
removal because the trees are greater than 18 inches dbh and will be located on vacant
lots The two trees are the 20 inch dbh Arizona Cypress Tree 3 on sheet T 1 and the22 inch Weeping Willow Tree 15
The application appears to meet the approval criteria for the removal ofnon hazard trees
The Arizona Cypress is located in the building envelope for lot 20 and the WeepingWillow is located in the driving surface ofthe new street through the property Theremoval ofthe trees does not appear to have an impact on soil stability flow of surfacewaters protection ofadjacent trees or windbreaks and the removal does not have a
significant impact on the species diversity within 200 feet ofthe property A conditionhas been added requiring mitigation for the removal of the two trees The Tree
Commission had not reviewed the proposal at the time ofwriting
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Ashland Planning Department Staff ReportPage 9 of 16
III Procedural Reauired Burden of Proof
The criteria for Outline Plan approval are described in 18 88 030 A 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 beyondcapacity
c That the existing and natural features of the land such as wetlands floodplain corridors pondslarge 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 thesame 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
g The development complies with the Street Standards
The criteria for an Exception to the Street Standards are described in 18 88 0S0 F as
follows
An exception to the Street Standards is not subject to the Variance requirements of section 18 100and may be granted with respect to the Street Standards in 18 88 050 if all of the followingcircumstances are found to exist
A There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site
B The variance will result in equal or superior transportation facilities and connectivity
C The variance is the minimum necessary to alleviate the difficulty and
D The variance is consistent with the stated Purpose and Intent of the Performance StandardsOptions Chapter
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The criteria for Issuance of Tree Removal are described in 18 61080 as follows
An applicant for a Tree Removal Staff Permit shall demonstrate that the following criteria are
satisfied The Staff Advisor may require an arborists report to substantiate the criteria for a permit
A Hazard Tree The Staff Advisor shall issue a tree removal permit for a hazard tree if the
applicant demonstrates that a tree is a hazard and warrants removal
1 A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likelyto fall and injure persons or property A hazard tree may also include a tree that is located within
public rights of way and is causing damage to existing public or private facilities or services andsuch facilities or services cannot be relocated or the damage alleviated The applicant must
demonstrate that the condition or location of the tree presents a clear public safety hazard or a
foreseeable danger of property damage to an existing structure and such hazard or danger cannot
reasonably be alleviated by treatment or pruning
2 The City may require the applicant to mitigate for the removal of each hazard tree pursuant toAMC 18 61 084 Such mitigation requirements shall be a condition of approval of the permit
B Tree that is Not a Hazard The City shall issue a tree removal permit for a tree that is not a
hazard if the applicant demonstrates all of the following
1 The tree is proposed for removal in order to permit the application to be consistent with other
applicable Ashland Land Use Ordinance requirements and standards e g other applicable Site
Design and Use Standards The Staff Advisor may require the building footprint of the
development to be staked to allow for accurate verification of the permit application and
2 Removal of the tree will not have a significant negative impact on erosion soil stability flow of
surface waters protection of adjacent trees or existing windbreaks and
3 Removal of the tree will not have a significant negative impact on the tree densities sizes
canopies and species diversity within 200 feet of the subject property
The City shall grant an exception to this criterion when alternatives to the tree removal have beenconsidered and no reasonable alternative exists to allow the property to be used as permitted in
the zone Nothing in this section shall require that the residential density be reduced below the
permitted density allowed by the zone In making this determination the City may consideralternative site plans or placement of structures or alternate landscaping designs that would lessen
the impact on trees so long as the alternatives continue to comply with other provisions of the
Ashland Land Use Ordinance
4 The City shall require the applicant to mitigate for the removal of each tree granted approvalpursuant to AMC 18 61 084 Such mitigation requirements shall be a condition of approval of the
permit
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IV Conclusions and Recommendations
In Staffs opinion the proposal is consistent with the approval criteria for a PerformanceStandards Options subdivision and Exception to the Street Standards In addition the
request to remove two trees greater than 18 inches diameter at breast height dbh appearsto meet the approval criteria for aTree Removal Permit
The site is notable because it is tied to the history of Ashland Verbal accounts indicateNative Americans may have used the natural springs and camped on the site The
property was included in the Helman land claim filed in 1862 by Abel Helman one of the
founding fathers ofthe city of Ashland Helman s family started the Helman Baths a
private pool house on the subject site that was open to the public from 1886 to 1956 Thenatural springs along with the recreational attraction and the Helman family are threadsthat tie this site to other areas ofthe community and Ashland s history While the historyofthe site is an important factor the local land use process does not regulate or requireretention ofthe cultural or historic resources on the site The Phase II portion ofthe
subject contains the bath house and historic home and the timing ofthe development ofPhase II is not addressed in the application As is the case with most historic resource
the preservation ofthese resources will depend on efforts outside ofthe land use process
Clearly the most prominent features ofthe site are the natural features including the largestature trees and the wetlands associated with the natural springs The Outline Plan
approval criteria require That the existing and naturalfeatures 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 The application proposes to
preserve 17 ofthe 24 trees sized six inches dbh and greater and to retain a 60 wetlandarea on the western portion ofthe site Open space areas are proposed in the northeast
comer ofthe property to include a group ofmature healthy trees and an in the western
portion of the site to include the wetland area
In the evaluation ofthe preservation of natural features approval criteria cited above the
Planning Commission has discretion to determine if the features have been incorporatedinto the unbuildable areas at a satisfactory level and to decide if adequate information is
provided with the application for the Commission to make that decision SpecificallyStaff has identified one issue related to the preservation ofnatural features that theCommission may want to consider further
o Final Wetland Determination Delineation
The application includes apreliminary wetland findings report for the sitewith a preliminary determination ofthe boundary ofthe wetlands Ideallythe wetland determinationdelineation report would be completed andreviewed by DSL and the U S Corps ofEngineers prior to submission of
the application This would provide detailed information about the nature
and extent ofthe wetlands on site for the local land use review process and
prior to approval of a subdivision plan If the Planning Commission does
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I
not believe that the preliminary information is adequate to make a findingthat the wetlands have been incorporated into open space and unbuildableareas in accordance with the Performance Standards Options approvalcriteria the Commission could require the final wetlanddeterminationdelineation prior to making a decision on the application
Given that the state and federal review process for removalfill permits can
be time consuming Staff suggests the Planning Commission approve theOutline Plan with a condition that the final determinationdelineation
report to be prepared and submitted and the necessary state and federal
permits received prior to the Final Plan application Since the OutlinePlan criteria require natural features such as wetlands to be preserved and
incorporated into the open space for the subdivision an approval ofthe
application will assume that the preliminary determination is correct Ifthe delineation report submitted to the state differs significantly from the
preliminary determination i e larger area or numerous wetland areas theOutline Plan will have to be modified prior to an application for the FinalPlan
Staff recommends approval ofthe application with the following conditions attached
I That all proposals of the applicant are conditions of approval unless otherwisemodified here
2 That all easement for sewer water electric and streets shall be indicated on thefinal survey plat as required by the City ofAshland
3 That a utility plan for the project shall be submitted with the Final Plan applicationTheutility plan shall include the location ofconnections to all public facilities in and
adjacent to the development including the locations ofwater lines and meter sizesfire hydrants sewer mains and services manholes and clean outs storm drainagepipes and catch basins The rerouted sanitary sewer and storm drain lines that are
being relocated to the new street shall be the same size or larger than the current lines
running through the site as required by the Ashland Engineering Division Anyrequired private or public utility easements shall be delineated on the utility plan
4 That the Tree Protection and Removal Plan shall be revised to coordinated with thefinal utility plan and shall be submitted with the Final Plan application
5 That the storm drainage plan including the design ofall on site storm water detention
systems and off site storm drain system improvements shall be submitted with theFinal Plan application Thepermanent maintenance ofon site storm water detention
systems must be addressed through the obligations ofthe Homeowners Association
and approved by the Public Works Department and Building Division
6 That the applicant shall submit an electric distribution plan with the Final Plan
application including load calculations and locations of all primary and secondary
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services including transformers cabinets meters and all other necessary equipmentThis plan shall be reviewed and approved by the Electric Department prior to
submission ofthe Final Plan application Transformers and cabinets shall be locatedin areas least visible from streets while considering the access needs ofthe Electric
Department
7 That the required pedestrian scaled streetlight shall consist ofthe City ofAshland s residential streetlight standard and shall be included in the utility planand engineered construction drawings for the street improvements
8 The preliminary engineering for proposed street improvements shall be providedat Final Plan application Street improvements shall be consistent with City ofAshland Street Local Street Standards A sidewalk shall be installed along the
frontage ofthe western open space on Randy Street and acurbside format shallbe permitted if necessary to minimize impacts to adjacent wetlands Offsite
sidewalk improvements shall be included in the preliminary engineering
9 That the Final Plan application shall delineate vision clearance areas at theintersections ofstreets and alleys throughout the project in accordance with18 92 070 0 Structures signs and vegetation in excess oftwo and one half feetin height shall be placed in the vision clearance areas Building envelopes shall bemodified accordingly on the Final Plan submittals
10 Subdivision infrastructure improvements including but not limited to utilities publicstreets street trees and irrigation and open space landscaping and irrigation shall beinstalled or a bond posted for the full cost of construction prior to signature ofthefinal survey plat
11 That the street name shall be reviewed and approved by Ashland Engineering for
compliance with the City s resolution for street naming
12 That the final wetland determinationdelineation report shall be prepared and
submitted with the Final Plan application and the necessary state and federal
permits received prior to the Final Plan application If the final wetlanddeterminationdelineation report submitted for state and federal review differs
significantly from the preliminary determination i e larger area or numerous
wetland areas the Outline Plan shall be modified prior to an application for Final
Plan approval
13 That the recommendations of the Ashland Tree Commission with final approvalby the Staff Advisor shall be incorporated into the Tree Protection and Removal
Plan
14 That two trees shall be planted in the open space areas in accordance with
18 61 084 as mitigation for the removal ofthe 20 inch Arizona Cypress and the
22 inch Weeping Willow The landscaping plan provided at the time ofthe Final
Plan application shall include and identify the mitigation trees
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I
15 That a Verification Permit in accordance with 18 61 042 B shall be applied forand approved by the Ashland Planning Division prior to removal ofthe Arizona
Cypress and Weeping Willow and prior to site work storage ofmaterials and or
the issuance ofan excavation or building permit The Verification Permit is to
inspect the trees to be removed and the installation ofthe tree protection fencingThe tree protection for the trees to be preserved shall be installed according to the
approved Tree Protection Plan prior to site work or storage of materials Tree
protection fencing shall be chain link fencing aminimum ofsix feet tall andinstalled in accordance with 18 61200 8
16 That a size and species specific landscaping plan for the parkrows and openspaces shall be provided at the time ofthe Final Plan application
17 That street trees located one per 30 feet ofstreet frontage shall be installed in the
parkrow alongstreet frontages as part ofthe subdivision infrastructure improvementsStreet trees shall be chosen from t he Recommended Street Tree List and shall be
installed in accordance with the specifications noted in the Recommended Street TreeList The street trees shall be irrigated
18 Fence heights within side and rear yard areas adjoining the pedestrian path fromOtis Street to the wetland open space between lots 1 and 2 shall not exceed fourfeet Stipulations with regards to fencing shall be described in the projectCC R s
19 That a draft copy ofthe CC R s for the Homeowners Association is pFovided at
the time ofFinal Plan application CC R s shall describe responsibility for the
maintenance ofall common area and open space improvements parkrows andstreet trees CC R s shall note that any deviation from the Tree Protection Planmust receive written approval from the City of Ashland Planning Department
20 That the timing ofPhase II development including street improvements lotcreation and development shall be addressed in the Final Plan application
21 That existing building greater than 500 square feet proposed for removal shall
require approval ofa Demolition Permit prior to moving or demolition
22 The building envelopes shall be revised at the Final Plan application so that the
side yard for the comer lots 12 and 22 shall be a minimum of ten feet as requiredin 18 88 070 8 Additionally the building envelops shall be revised so that thefront lot lines and front yards of lots 16 20 are oriented to Randy Street to reflectthe development pattern in the surrounding neighborhood
23 That the Final Plan application shall include a lot coverage calculations in square
footage and percentage for each lot Open space area less the impervious common
improvements i e streets and sidewalks shall be distributed evenly across the 22residential lots
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24 The setback requirements of 18 88 070 shall be met and identified on the buildingpermit submittals including but not limited to the required width between
buildings as described in 18 88 070 D
25 That all new structures shall meet Solar Setback A in accordance with Chapter18 70 ofthe Ashland Land Use Ordinance Solar setback calculations shall besubmitted with each building permit and include the required setback with theformula calculations and an elevation or cross section clearly identifying the
height ofthe solar producing point from natural grade
26 Individual lot coverage calculations including all impervious surfaces shall be
submitted with the building permits Impervious driveway and parking areas shall
be counted as pervious surfaces for the purpose oflot coverage calculations
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I I
ASHLAND TREE COMMISSIONPLANNING APPLICATION REVIEW
March 9 2006
PLANNING ACTION 2006 0007 is a request for an Outline Plan approvalunder the Performance Standards Chapter 18 88 to subdivide the property into24 lots including 22 lots for single family homes and two lots for open spacepurposes for the property located at 247 Otis St An Exception to StreetStandards is requested to allow a meandering sidewalk along the Otis Street
frontage to preserve existing mature trees Seven trees on site are proposed forremoval and a Tree Removal Permit is required to remove two of those trees
sized 18 inches diameter at height and greater on the propertyCOMPREHENSIVE PLAN DESIGNATION Single Family Residential ZONING R 1
5P ASSESSOR S MAP 39 1E 04 BC TAX LOT 400APPLICANT Sage Development
Recommendation
1 Tree Commission recommends a Certified Arborist be on site and
present during the pruning of the subject sites trees as prescribed in
the approved Tree Protection and Preservation Plan2 Tree Commission recommends meandering the sidewalk around the
trees along the Otis Street frontage3 Tree Commission recommends alternative sidewalk construction e g
floating sidewalk over critical root zones of trees to be preserved alongthe Otis Street frontage
4 Tree Commission recommends hand digging prior to excavation forfoundation installation when working within the critical root zones of
the trees to be preserved Proposed Lots 2 3 6 19 20 to
determine if roots greater than two 2 caliper inches will beencountered
5 Tree Commission recommends that if it is determined that roots
greater than two 2 caliper inches are encountered a Certified Arborist
shall be consulted to determine the method of cutting of exposed root6 Tree Commission recommends that if it is determined that roots
greater than two 2 caliper inches are encountered the foundations
within the critical root zones of trees to be preserved shall be hand
dug and or constructed using an alternative engineered installationmethods
Department of Community Development51 Winburn WayAshland Oregon 97520
www ashland or us
Tel 541488 5350
Fax 541 552 2050TTY 800 735 2900
i
JCITY OF
ASHLAND
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