MINUTES FOR THE CONTINUED REGULAR MEETING
May 4, 2011
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 4:00 p.m. in the Civic Center Council Chambers.
Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present.
PUBLIC HEARING - CONTINUED
3. Does the City Council wish to affirm, reverse, modify or remand back to the Planning Commission the decision to approve Planning Action #2010-01239 – a Comprehensive Plan and Zoning Map Amendment, Site Review, Tree Removal Permit, and Physical & Environmental Constraints Review Permit to construct a 10,632 square foot building at 85 Winburn Way?
Does the City Council wish to approve the Development Agreement proposed by the applicants, make changes to the Development Agreement prior to approval, or reject the Development Agreement?
ABSTENTIONS, CONFLICTS, EX PARTE CONTACTS
Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, Chapman, and Mayor Stromberg declared no Ex Parte or conflicts of interest.
Motion Councilor Chapman made May 3, 2011 regarding 85 Winburn Way:
Councilor Chapman/Lemhouse m/s to modify the decision by the Planning Commission to limit the zone change to C-1-D solely to 85 Winburn Way and to require an In-Lieu-of-Parking Fee of $16,350 for 25 parking spaces and direct staff to make appropriate changes to the Development Agreement reflecting these changes and bring back ordinance for First Reading.
Councilor Morris/Voisin m/s to amend the motion to change the City owned parking lot from its current zoning to C-1-D, to revise the In-Lieu of parking fee to $10,000 per space for the 24.75 spaces, to restrict the use with no medical office uses and also restrict it to no residential uses.
Mayor Stromberg ruled the amendment out of order without prejudice.
Council discussed how the different zones on the adjacent properties would require a 10-foot setback and cause a redesign for the project. Planning Manager Maria Harris and Associate Planner Derek Severson described how the 10-foot setback would cut off the base for the arch and part of the viewing deck for the Ice Rink. Council had concerns the C-1-D zone pushed buildings to the lot-line and wanted to retain the transition and setbacks the current buildings on Winburn Way afforded. Other comments preferred a C-1 zone for the parking lot with a park overlay.
Interim City Attorney Doug McGeary addressed Councilor Morris’ earlier amendment and clarified an amendment could be inconsistent with another one already adopted, and also be in direct conflict with the spirit of the original motion but it must have direct bearing on the subject of the original motion. The amended motion was reactivated. Council requested Councilor Morris withdraw his amended motion and make separate motions for each amendment instead.
Councilor Morris withdrew his amended motion with Councilor Voisin’s consent.
Councilor Morris/Chapman m/s to amend the motion and eliminate residential uses on the site. DISCUSSION: Councilor Morris did not think the location was a good place for residential use without parking and was concerned with the proximity to Lithia Park.
Councilor Voisin motioned to amend the amended motion to make residential uses found in the Development Agreement under B. Additional Conditions Approved by Council and SITP as Part of Development Agreement for Winburn Way) 12. Special Permitted Uses (revised from AMC 18.32.025) B. Residential Uses, be deleted and added to B. (14) Prohibited Uses. Motion died for lack of a second.
Staff explained that the C-1-D zone allowed residential on 35% of the ground floor and then the upper floors. The requirement was 60 dwelling units per acre.
Roll Call Vote: Councilor Voisin, Chapman, Silbiger, and Morris, YES; Councilor Lemhouse, and Slattery, NO. Motion passed 4-2.
Councilor Morris/Voisin m/s to amend the motion to prohibit the use of medical building uses in this facility. DISCUSSION: Councilor Morris explained the location was a secondary use and a medical facility was a destination place that would cause traffic and parking issues. Councilor Voisin noted medical uses appeared twice in the Development Agreement and wanted to ensure both were removed. Councilor Lemhouse would not support the motion and preferred medical be a conditional use. Councilor Slattery did not support the motion and suggested adding language to the Development Agreement requiring parking if used for medical. Councilor Silbiger confirmed a future developer could ask the City to change the Development Agreement. Roll Call Vote: Councilor Voisin, Chapman, Silbiger, and Morris, YES; Councilor Lemhouse, and Slattery, NO. Motion passed 4-2.
Councilor Morris/Chapman m/s to amend the motion to revise the In-Lieu of parking fee from $16,350 per space to $10,000 per space. DISCUSSION: Councilor Morris was concerned surface parking amounts were not used to determine cost per space and $16,350 per space was too much. Alternately, the City should receive something in return to assist future parking issues. Councilor Silbiger clarified surface parking was $30,000 per space. Councilor Lemhouse would not support the amendment and wanted a better method for determining cost per space. Councilor Slattery thought the process was planning by piece meal and it made him uncomfortable. He would not support the amendment. Councilor Silbiger responded the process was difficult because it was ordinarily not executed with a Development Agreement. He thought it was better to have a specific number and be arbitrary on the credits Council would provide when it came to future requests to additions to the downtown. Councilor Chapman would have required 48 spaces at a much lower number per space. Councilor Voisin had difficulty with the applicant finding the In-Lieu of parking fee unacceptable and was concerned about the applicant’s financial viability. Council was basing their decisions on what would enhance Lithia Park and she supported the amendment. Councilor Morris agreed the Development Agreement did not fit the land use process. He noted the parking space for the Zamboni valued at $300,000-$600,000 and did not think the In-Lieu of parking fees were out of line. Roll Call Vote: Councilor Chapman, Silbiger, Voisin, and Morris, YES; Councilor Slattery and Lemhouse, NO. Motion passed 4-2.
Councilor Morris/Voisin m/s to amend the motion to rezone the City of Ashland parking lot to a C-1-D as in the initial agreement. DISCUSSION: Councilor Morris preferred a C-1 zone change on the City owned lot. He did not support retaining the property as residential and imposing the 10-foot setback on the side yard. It was not worth having the applicant redesign the building or have to apply for a setback variance. Councilor Chapman responded applying for a setback variance was the normal procedure for this situation and would not support the amendment. He had additional concerns that changing the City owned lot to C-1-D opened the location to uses that should not be there. Staff confirmed the development agreement would extend to the City lot as far as prohibiting medical uses. Roll Call Vote: Councilor Lemhouse, Morris, Slattery, Silbiger, and Voisin, YES; Councilor Chapman, NO. Motion passed 5-1.
City Recorder Barbara Christensen read the amended motion aloud: “…to modify the decision by the Planning Commission to limit the zone change to C-1-D to 85 Winburn Way and the City owned parking lot with no residential uses allowed, prohibits medical uses in this facility and to require an In-Lieu of parking fee of $10,000 for 25 parking spaces and direct staff to make appropriate changes to the Development Agreement reflecting these changes and bring back ordinance for First Reading.”
Councilor Silbiger/Voisin m/s to amend the motion to remove the non-competition clause prohibiting the City from selling food or beverages on City owned property. DISCUSSION: Councilor Silbiger explained the Parks and Recreation Department owned the property the clause affected and it would encumber their ability to make decisions on that site. Roll Call Vote: Councilor Voisin, Lemhouse, Chapman, Silbiger, Slattery, and Morris, YES. Motion passed.
Staff listed the uses:
A. Professional, financial, business offices, personal services establishment such as beauty and barbershops
B. Stores, shops and office supplying commodities or performing services such as antique shops, artists supply stores, or non-chain department stores
D. Theaters but not including a drive-in
E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square-feet (sf) or less and is contiguous to the permitted retail outlet
F. Printing, publishing, lithography, xerography, and copy centers
G. Temporary trees sales from November 1 - January 1
H. Public and quasi-public utility and service buildings and parking lots, but excluding electrical substations
Special Permitted Uses
A. Bowling alleys, auditoriums, skating rinks, and miniature golf courses
B. Residential - removed per Council
A. Medical uses – removed per Council
A. Outdoor storage of commodities associated with a permitted, special permitted or conditional use
B. Churches or similar religious institutions
A. Formula Stores or Restaurants – added per applicant
B. Medical – added per Council
C. Residential – added per Council
Council retained the Zamboni structure as stated in the Development Agreement.
Council and Staff discussed the proposed timelines for obtaining building permit approvals, the first approved building inspection, and construction. Under current codes, a standard land use action has 12 months to design the project, obtain the building permits and first building inspection approval on the proposal. The code provides an 18-month extension in addition to the 12 months for a total of 30 months. The applicant was asking for 42 months to commence construction, then 36 months to complete construction. Staff recommended approving the proposed timelines.
Councilor Silbiger/Slattery m/s to amend the motion and accept the staff recommendation on the timelines. DISCUSSION: Councilor Morris confirmed that curb and sidewalk was included in the timeline. Roll Call Vote: Councilor Voisin, Lemhouse, Chapman, Silbiger, Slattery, and Morris. Motion passed.
Council went on to discuss Right of First Offer. Staff explained they put a time limit on the right of first offer of 20 years to protect the applicant’s heirs and preserve the living memory of the document. It did not bind either party.
Staff went on to explain the height limit recommendation was irrelevant because Council was not changing the lots to a C-1-D zone.
Councilor Voisin/Morris m/s to amend the motion and remove the height restrictions on other properties. Roll Call Vote: Councilor Voisin, Lemhouse, Chapman, Silbiger, Slattery, and Morris, YES. Motion passed.
Council agreed to have City Utilities pay the System Development Charges (SDCs) on the Zamboni building.
Councilor Slattery/Lemhouse m/s to amend motion and have the City Utilities pay the system development charges on the Zamboni building. Roll Call Vote: Councilor Voisin, Lemhouse, Chapman, Silbiger, Slattery, and Morris. Motion passed.
Roll Call Vote on the main amended motion: Councilor Voisin, Lemhouse, Chapman, Silbiger, Slattery, and Morris, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Will Council approve a resolution requested by Mayor Stromberg in support of the senior tax deferral program?
Council approved sending a letter in support of renewing the senior tax deferral program.
Meeting was adjourned at 5:11 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor