HomeMy WebLinkAbout2012-0807 Council Mtg PACKET CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written
comments to the Council on any item on the Agenda,unless it is the subject of a public hearing and the record is closed. Time permitting,the
Presiding Officer may allow oral testimony. If you wish to speak,please fill out the Speaker Request fore located near the entrance to the Council
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some extent on the nature of the item under discussion,the number of people who wish to speak,and the length of the agenda-
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 7, 2012
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
6:45 p.m. Joint Meeting with the Ashland Community Hospital Board.
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of July 16, 2012
2. Executive Sessions(2)of July 16, 2012
3. Business Meeting of July 17, 2012
VI. SPECIAL PRESENTATIONS&AWARDS
1. Recognition of Jim Shames as Oregon Doctor of the Year.
VII. CONSENT AGENDA
1. Approval of Commission, Committee, and Board Minutes
2. Award of construction contract to apparent low bidder for the police station remodel
3. Approval of contract with Columbia Helicopters, Inc. for timber harvesting and log hauling
services
4. A resolution requesting that the City of Ashland be included in the Jackson County enterprise
zone and designating tax lots to be included in the enterprise zone
5. Renewal of the ambulance operator's license
6. Approval of a liquor license application for Lisa Dunagan dba Ashland Envy
7. Approval of a liquor license application for James Mills dba Caldera Brewery and Public
House
8. Appointment of Marni Koopman to the Conservation Commission
9. Award of contract to apparent low bidder for the Nevada/Oak Street sewer bypass project
10. Intergovernmental agreements with Emergency Communications of Southern Oregon to
provide emergency dispatch services to Ashland
11. Approval of a special procurement for graphic design services from Karin Onkka
12. Confirmation of Mayoral appointment of Mark Holden as Director of Information Technology
and Electric Utility
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
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13. Intergovernmental agreement between Jackson County and the City of Ashland and funding
for sobering unit services
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to
the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued
to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council(AMC
§2.04.050})
1. First reading of an ordinance titled, "An ordinance amending Section 18.32.025 of the
Ashland Land Use Ordinance to provide for the relocation or redevelopment of four financial
institutions' existing non-conforming drive-up uses in Ashland's historic interest area"
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed
for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to
speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. First Reading of an ordinance titled, "An ordinance amending AMC 14.08.030 connection
outside city, inside urban growth boundary and adding AMC 14.09.020 Sewer Lateral
Ownership"
XI. NEW AND MISCELLANEOUS BUSINESS
None.
MI. ORDINANCES, RESOLUTIONS AND CONTRACTS
1 Second reading of an ordinance titled, "An ordinance adding a new element'Chapter XIV—
Regional Plan' to the City of Ashland Comprehensive Plan to incorporate applicable portions
of the Greater Bear Creek Valley Regional Problem Solving Plan and to acknowledge revised
population allocations by Jackson County for the City of Ashland"
2. Second reading of an ordinance titled, "An ordinance amending the general regulations
chapter(18.68) if the Ashland Land Use Ordinance to establish setback requirements for
chicken coops and chicken runs"
and
Second reading of an ordinance titled, "An ordinance establishing provisions within the health
and sanitation chapter(9.08) of the Ashland Municipal Code for the keeping of chickens
within residential districts"
3. Second reading of an ordinance titled, "An ordinance enabling City Council to refer to the
voter of Ashland in the November 6, 2012 general election a ballot question on instructing the
US Congress to approve a constitutional amendment granting Congress and the State
authority to regulate campaign contributions and expenditures and to determine the nature
and extent of the privileges of entities other than natural persons"
4. A resolution titled, "A resolution of the City of Ashland, Jackson County, Oregon, to submit to
Ashland Electors at the November 6, 2012 General Election an advisory question on
instructing the U.S. Congress to approve a constitutional amendment granting Congress and
the States authority to regulate campaign contributions and expenditures and to determine
the nature and extent of the privileges and entities other than natural persons"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion,regarding a request from the Conservation Commission that Councilor Voisin
recommend on their behalf the architects for the downtown plaza re-design project include
SITES' sustainability standards for environmental sustainability within their plans.
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at(541)488-6002(TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting(28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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July 16, 2012
Page I of 2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
July 16, 2012
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:55 p.m. in the Siskiyou Room.
Councilor Lemhouse, Morris, Silbiger, Chapman, and Voisin were present. Councilor Slattery was
absent.
1. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Presentation of final concept plan for Plaza designs
Covey Pardee Landscape Architects Alan Pardee and Greg Covey described the process that included
public input, site analysis, and historical research that resulted in the final concept. They provided
suggestions for plants, trees, permeable pavers, and concrete, recommending concrete because it was
more cost effective. The proposed plan would increase pavement 20% and add 150 linear feet of seating
in concrete flex. The initial estimated cost for the re-design was $155,700.
Engineering Services Manager Scott Fleury explained the City could reduce project costs approximately
$39,000 using staff for concrete excavation, grating work,tree prep, lighting, and relocating utilities. City
Administrator Dave Kanner added there was $80,000 originally designated for the urban renewal plan
that could go towards downtown improvements since the City was no longer pursuing urban renewal.
Alternately, the City could borrow internally, pay for the all the improvements at once then use future
Transient Occupancy Tax (TOT) collections to repay the loan.
Management Analyst Ann Seltzer explained staff would move the utility box behind the information
booth and use a smaller container.
Council liked the overall design but thought the wall seating should be less angular, include backs, and
possibly use a different material instead of concrete. Other suggestions included reducing seating and
kiosk size, creating additional open space, and adding tree gates.
Council directed staff to amend the contract with Covey Pardee who in turn would incorporate Council's
suggestions and concerns into the final design.
3. Update on downtown improvements
Management Analyst Ann Seltzer explained staff needed Council input on the following:
• Should the City assume costs for cleaning the downtown sidewalks?
• Should the City engage a landscape architect to develop a cohesive planting scheme for the
downtown planter boxes?
• Should the City move forward with budgeting for new trashcans?
There were two options for dirty sidewalks. One was steam cleaning that entailed adhering to the
Department of Environmental Quality (DEQ) requirements on the used water and would cost
approximately $10,000 to hire a contractor. The second involved cold-water power washing where the
City could do the work and absorb the costs. It did not have DEQ restrictions, but was not as effective
steam cleaning. Staff clarified that businesses were responsible for repairing cracks and trip hazards on
sidewalk space but were not responsible for cleanliness.
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Council supported cold-water power washing with the City covering expenses at least once and directed
staff to research reinstating the downtown maintenance fee on property owners of business buildings.
Council was interested in replacing trashcans but wanted additional information on costs,use of wood and
possible recycling functions.
Staff and Council discussed hiring a landscape architect to create a consistent design for plant materials.
Council in general supported a cohesive scheme but wanted additional cost information.
4. Options to televise and/or stream City Council study sessions
Councilor Silbiger explained how Google Hangouts would work for streaming Study Sessions and was
less expensive then the estimates provided. Council directed staff to research streaming Study Sessions
using Google Hangouts or a similar technology.
5. Continued discussion and direction to staff regarding enterprise zone designation
City Administrator Dave Kanner explained there were three potential Enterprise Zones that included the
Railroad district, the Croman Mill site, and the airport. Council supported staff pursuing all three areas.
Meeting adjourned at 7:05 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 17, 2012
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Silbiger, and Chapman were present. Councilor Slattery was
absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Firewise, Conservation, Housing, Public Arts,
Transportation, and Tree Commissions, and the Audit Committee.
Mayor requested Council to move item 4. First Reading of an ordinance titled, "An ordinance
enabling City Council to refer to the voter of Ashland in the November 6, 2012 general election a
ballot question on instructing the US Congress to approve a constitutional amendment granting
Congress and the State authority to regulate campaign contributions and expenditures and to
determine the nature and extent of the privileges of entities other than natural persons," under
ORDINANCES, RESOLUTIONS AND CONTRACTS to item #1 under UNFINISHED BUSINESS.
Councilor Slattery was out of town and wanted to participate in the discussion via telephone. It would
require Council suspending Council's Rules.
Councilor Voisin/Lemhouse m/s to suspend Council Rules for one item, "First Reading of an
ordinance titled, "An ordinance enabling City Council to refer to the voter of Ashland in the
November 6, 2012 general election," in order to allow a telephone call to Councilor Slattery to
participate and vote. DISCUSSION: City Attorney Dave Lohman explained under"Robert's Rules of
Order" this would require a two-thirds vote. Councilor Voisin thought the item was time sensitive and
Council owed it to the constituency to pass the First Reading and give them the choice to vote. Councilor
Silbiger called for point of order and explained Councilor Voisin was not speaking to the motion. Mayor
Stromberg agreed. Councilor Lemhouse supported suspending the rules for this situation and doubted
Council would abuse suspending rules in the future.
Councilor Silbiger explained the item was an advisory measure and strongly disagreed with making a
special precedent for a single issue. Council Rules should provide a rule for Councilors to attend an
entire meeting remotely rather selecting a single issue that a Councilor wanted to participate in.
Councilor Chapman agreed that Council Rules states a Councilor could ask to delay an agenda item.
Councilor Moms agreed with Councilor Slattery participating in the entire meeting. Mayor Stromberg
clarified that it was he that suggested Councilor Slattery participate regarding this one item and that
Councilor Slattery would respect and support whatever action the Council decided. Roll Call Vote:
Councilor Voisin, and Lemhouse, YES; Councilor Morris, Silbiger, and Chapman, NO. Motion
failed 2-3.
Councilor Chapman/Silbiger m/s to leave the agenda item where it existed on the Agenda.
DISCUSSION: Councilor Chapman stated there was no reason to bypass regular. Councilor Voisin
reminded Council there were many elderly citizens waiting and suggested moving the item to #1 under
ORDINANCES, RESOLUTIONS AND CONTRACTS. Roll Call Vote: Councilor Morris, Silbiger,
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July 17, 2012
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and Chapman,YES; Councilor Voisin, and Lemhouse, NO. Motion passed 3-2.
APPROVAL OF MINUTES
Minutes of the Study Session of June 18, 2012 and Business Meeting of June 19, 2012 were approved as
presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor Stromberg honored Engineering Services Manager Jim Olson who was retiring after 41 years of
service by noting his outstanding service and dedication to the City, and presented him with a brick that
would go in North Mountain Park in appreciation for his outstanding contribution to the City.
The Mayor's proclamations of August 6, 2012 as Hiroshima Day and August 9, 2012 as Nagasaki Day
were read aloud.
CONSENT AGENDA
I. Approval of Commission, Committee,and Board Minutes
2. Endorsement of the Monster Dash for the purposes of hanging a banner
3. Agreement for RVTV services between City of Ashland and Southern Oregon University
4. Approval of a resolution titled, "A resolution adopting product rates for the municipal
telecommunications utility"
5. Approval of a Liquor License Application from Mario Camacho dba Star Sushi#1
6. Award of contract to Benntag, Univar, and Cascade Columbia for Water and Wastewater
Treatment Plant Chemicals
7. Special Procurement for purchase of polymer for the Wastewater Treatment Plant
8. Approval of a contract amendment for Construction Engineering Consultants for additional
costs on the Hersey/Wimer intersection re-alignment
9. Approval of Special Procurement for Forestry Consulting Services
Councilor Silbiger pulled Consent Agenda item#8.
Councilor Lemhouse/Voisin m/s to approve all Consent Agenda items excluding #8. Voice Vote: all
AYES. Motion passed.
Councilor Lemhouse/Morris m/s to approve Consent Agenda item #8. Voice Vote: Councilor
Voisin,Morris,Lemhouse,and Chapman, YES; Councilor Silbiger,NO. Motion passed 4-1.
PUBLIC HEARINGS
1. First reading of an ordinance titled, "An ordinance adding a new element `Chapter XIV
Regional Plan' to the City of Ashland Comprehensive Plan to incorporate applicable portions
of the Greater Bear Creek Valley Regional Problem Solving Plan (`the RPS Plan') and to
acknowledge revised population allocations by Jackson County for the City of Ashland"
Community Development Director Bill Molnar explained all participating cities needed to adopt the RPS
Plan within their local comprehensive plans before it went to the state for review by the Land
Conservation Development Commission. The ordinance would create a new element of Ashland's
Comprehensive Plan that acknowledged Ashland's participation in the Regional Plan.
Associate Planner Derek Severson submitted into the record graphics depicting the draft and adopted
population plans that showed the population trend had hardly altered with the exception an anomaly in
2010 that caused an error in the plan. Jackson County corrected the population issues in the adopted RPS
Plan. He added the Agriculture Committee would form within six months following adoption of the plan
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and include members from the agricultural community, Jackson County, participating cities, and
specialists.
Public Hearing Open: 7:32 p.m.
Colin Swales/143 Eighth Street/Recognized the population adjustment in the RPS Plan made Ashland
eligible for various state and federal grants but thought it would negatively affect estimates on future
transportation and utility needs. He wanted Ashland to follow Jacksonville and halt the process since the
city would most likely not experience the estimated population growth.
Greg Holmes/Box 2442, Grants Pass, OR/introduced himself as the planning advocate for 1,000
Friends of Oregon a group that was critical of the plan for reasons that included the plan had too much
land and farmland. However, they supported going through the process in order to stem some potential
land abuses in the plan.
He went on to explain the Governors Executive Order 1207 was based on legislation that did not pass but
at the end of the last legislative session they added a $550,000 budget note for a pilot project for Jackson,
Josephine, and Douglas Counties to collaborate on a regional definition of farmland and forestland that
might differ from other counties. The project just started and if it moved forward would result in a 34
year process.
Public Hearing Closed: 7:42 p.m.
Councilor Lemhouse/Silbiger m/s to approve First Reading of the ordinance and move to Second
Reading. DISCUSSION: Councilor Lemhouse agreed with Mr. Holmes and the Planning Commission.
Councilor Chapman clarified from Mr. Swales' testimony that the City of Jacksonville was actually
ejected from the RPS process and that the RPS process did not meet the three main goals. Additionally,
the plan should not go into the Comprehensive Plan because it would not affect Ashland. Roll Call Vote:
Councilor Silbiger, Voisin, Lemhouse, and Morris, YES; Councilor Chapman, NO. Motion passed
4-1.
2. Approval and opportunity for public comment on the criteria to be used during the selection
process for the Director of IT and the Electric Utility.
Human Resource Director Tina Gray explained the City hired Waters Consulting Group for a nationwide
search for a combined Information Technology and Electric Utility Director. The process resulted in 5
finalists coming to Ashland July 23 and 24 for the interview and selection process. Interviews would
occur in Executive Sessions. She went on to list the selection criteria staff identified.
Councilor Voisin suggested adding a proven ability to assess and resolve problems, and demonstrate
ability to work with a team to the selection criteria.
Public Hearing Open: 7:48 p.m.
Public Hearing Closed: 7:49 p.m.
Councilor Voisin/Lemhouse m/s to approve the selection criteria, adding two criteria as previously
noted for the Information Technology and Electric Utility Director as presented by staff.
Roll Call Vote: Councilor Voisin,Morris,Lemhouse, Silbiger and Chapman,YES.Motion passed.
Councilor Chapman noted he would not be available for the interview process but was interested in a
strong leader for Ashland Fiber Network (AFN) and someone who could move the City forward on smart
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metering and smart grid.
PUBLIC FORUM
Tenasi Rama/815 Oak Street/Spoke as a member of GMO Free Jackson County and asked Council to
formally address their ordinance banning genetically-modified organisms (GMOs) in Jackson County and
have a Study Session to discuss the matter further. The group submitted the ordinance to Jackson County
in May. The District Attorney accepted it but the Farm Bureau had issues with the wording. There was a
possibility it would not pass in time for the group to get required signatures for the November election.
He encouraged Council to ask Jackson County Commissioners to vote to put the ordinance on the ballot
for the November election.
Colin Swales/143 8'h Street/Expressed concern that important issues were being conducted during
Council Study Sessions and the public had difficulty accessing this information. He stated that the
Comment to Council listsery is no longer easily found on the city website and that there are no "One
Minute Minutes" being provided as had been previously. He noted his disappointment in the lack of
public involvement regarding Council meetings.
Councilor Voisin requested the GMO ban go on a future Study Session agenda for discussion.
City Administrator Dave Kanner addressed Mr. Swales' testimony and explained the Look Ahead was on
the website that provided information on upcoming agenda items for Study Sessions and Council
meetings through October.
UNFINISHED BUSINESS
1. November 2012 Local Option Levy for enhanced library services draft ballot measure and
approval of a resolution titled, "Resolution of the City of Ashland and Jackson County, Oregon
to submit to the voters at the November 6, 2012 General Election a funding initiative to levy up
to $.21 per $1000 assessed property value for the purpose of providing enhanced library
services at the Ashland Public Library for a period of four years beginning July 1,2012"
Management Analyst Ann Seltzer explained the levy was an extension of the current local option levy
passed by voters in 2008 that would expire in 2013. This measure would extend the levy through fall
2017. She noted a correction in the ballot measure under the summary stating the average household
could pay $45.79 per year was incorrect and actually was $50.61.
City Administrator Dave Kanner added if Jackson County decided to defund libraries at the end of the
four-year plan, he doubted they could keep the library open.
Councilor Silbiger/Lemhouse m/s to approve Resolution #2012-25 with changes to the Ballot
Measure Language and Explanatory Statement as presented by staff. DISCUSSION: Councilor
Silbiger noted voters had strongly supported the library in the past and hoped they continued. Councilor
Chapman thought it was unfortunate Jackson County did not see the importance of funding libraries and
was glad Council and the community supported it as much as they had. Councilor Voisin added there
was nothing more important for a democracy than having community libraries open and available to the
public. Voice Vote: Councilor Voisin, Morris, Lemhouse, Silbiger, and Chapman, YES. Motion
passed.
PUBLIC FORUM-continued
Susan Wells/101 West Main, Talent, OR/Explained she was a member of Lithia Artisans Market and
the Plaza could benefit from rotating art displays. Additionally, the artisan market had lost half their
space to restaurant seating while the Growers Market currently closed an entire block on Saturdays during
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July 17, 2017
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a time that used to be the busiest for the Lithia Artisans Market. The artists deserved similar downtown
visibility.
Councilor Lemhouse invited Ms. Wells to attend the next Public Arts Commission meeting Friday,July
20, 2012 at 8:15 a.m. in the Siskiyou Room at 51 Winbum Way.
UNFINISHED BUSINESS-continued
2. Approval of a resolution titled, "A resolution amending the pay schedule for management and
confidential employees for Fiscal Year 2012-2013"
City Administrator Dave Kanner recommended approving a cost of living adjustment (COLA) for
management and staff recognizing they had not received a COLA in 3-4 years while represented staff
had. Another recommendation would fully implement the Classification and Compensation plan prepared
several years prior but never implemented for the Department Heads. Approving the resolution would
also increase the City's contribution to the health reimbursement account for management employees
bringing them to the same level as non-management employees.
Department Head salaries had reached the maximum and the Classification and Compensation Study
added another step for them. Although this year they would not get a step increase, they would receive
raises. Mr. Kanner suggested moving his position down a step since he had been in his position only five
months. He would receive a raise during his annual review.
Mr. Kanner went on to explain the Supreme Court ruled residency requirements were illegal. The
Supreme Court also determined in that ruling an employer could set living within a certain radius of the
city as a condition of employment for emergency responders.
Councilor Voisin/Morris m/s to approve Resolution #2012-23, clarifying certain conditions of
employment for management and confidential employees and repealing Resolution 2011-21 . Roll
Call Vote: Councilor Chapman, Silbiger,Lemhouse,Morris, and Voisin,YES. Motion passed.
Councilor Chapman/Lemhouse m/s to approve Resolution #2012-24, amending the pay schedule for
management and confidential employees for fiscal year 2012-2013. Voice Vote: all AYES. Motion
passed.
ORDINANCES,RESOLUTIONS AND CONTRACTS
1. First Reading of an ordinance titled, "An ordinance amending the general.regulations chapter
(18.68) if the Ashland Land Use Ordinance to establish setback requirements for chicken coops
and chicken runs"
Senior Planner Brandon Goldman explained the ordinance would change the setback for keeping chickens
from 75-feet to 20-feet from a neighboring dwelling and establish a new minimum setback of at least 10-
feel from the property line. He noted a scribner's error in Ashland Municipal Code (AMC) Chapter
9.08.040,C-6 and C-8 referencing building standards for chicken runs in accordance with AMC Chapter
18.68.140 where the subsection indicated C-2 but was now C-4.
Councilor Voisin/Lemhouse m/s to approve First Reading of an ordinance amending the General
Regulations Chapter (18.68) of the Ashland land Use Ordinance to establish setback requirements
for chicken coops and chicken runs and schedule Second Reading for August 21, 2012 and as
amended according to staff. DISCUSSION: Councilor Lemhouse thought the 10-foot setback from a
property line was reasonable and allowed flexibility for urban farming. Roll Call Vote: Councilor
Voisin,Chapman,Lemhouse, Silbiger, and Morris, YES. Motion passed.
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July 17, 2012
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Councilor Lemhouse suggested the Planning Commission review the animals listed in AMC 9.08 (3) and
determine potential updates and forward that information to Council with Council consent.
Councilor Voisin/Lemhouse m/s to approve First Reading of an ordinance establishing provisions
within the health and sanitation chapter (9.08) of the Ashland Municipal Code for the keeping of
chickens within residential districts and schedule Second Reading for August 21, 2012, as amended
by staff. DISCUSSION: City Attorney Dave Lohman noted the change to the reference in AMC 9.08
(3), subsections C-6 and C-8, changing the reference to AMC 18.68.140 C-4 instead of C-2 applied to
this ordinance. Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Lemhouse, and Morris, YES.
Motion passed.
2. Second Reading of an ordinance titled, "An ordinance amending the development standards for
wireless communication facilities in 18.72.180 of the Ashland Municipal Code and Land Use
Ordinance"
Councilor Lembouse/Morris m/s to approve Ordinance #3068. Roll Call Vote: Councilor Chapman,
Morris,Voisin, and Lemhouse,YES; Councilor Silbiger,NO. Motion passed 4-1.
3. First Reading of an ordinance titled, "An ordinance amending AMC 14.08.030 connection
outside city, inside urban growth boundary and adding AMC 14.09.020 Sewer Lateral
Ownership"
Public Works Director Mike Faught explained the ordinance addressed sewer line maintenance and
replacement. The City had an internal policy requiring property owners to maintain and replace sewer
laterals in the public right of way. The ordinance would also change determination of who decided failure
of a sewer or septic system outside the urban growth boundary from the Department of Environmental
Quality(DEQ) to the appropriate regulatory authority in Ashland Municipal Code(AMC) 14.08.030.
An exception to the internal policy was the 1962 Greensprings subdivision agreement that required the
City to maintain the sewer laterals in the right of way for 250.homes at a cost estimate of$2,500 each for
a total of$19,625,000, based on an 80-year life cycle replacement.
Staff recommended replacing laterals as needed and installing a clean out if one was not already present
during main sewer line replacement at the City's expense. Councilor Silbiger thought Council should
table the item until they understood the fiscal impact.
Councilor Silbiger/Lemhouse m/s to direct staff to bring back fiscal impact of adopting a policy
suggested by staff.Voice Vote: all AYES. Motion passed.
4. First Reading of an ordinance titled, "An ordinance enabling City Council to refer to the voter
of Ashland in the November 6, 2012 general election a ballot question on instructing the US
Congress to approve a constitutional amendment granting Congress and the State authority to
regulate campaign contributions and expenditures and to determine the nature and extent of
the privileges of entities other than natural persons"
City Attorney Dave Lohman explained the City did not have a process to refer an advisory question on
matters outside the City's legislative authority to voters and the ordinance would allow that. If the
advisory passed during the November election,that information would go to the congressional delegation.
John Tyler/812 Plum Ridge/Spoke on behalf of Move to Amend and noted a recent case in Montana
where the Supreme Court threw out a law banning corporate money in elections that had stood for over
100 years. This was a result of Citizens United. He thought this was an appropriate measure for Council.
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July 17, 1012
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He had petitions with over 1,200 signatures from citizens in favor of the resolution. This was a national
movement and he believed Citizen's United was the most dangerous threat to democracy faced in a long
time.
Harriet Berman/817 Pavilion Place/Explained how democracy had gradually eroded during her
lifetime. Ordinary citizens had no power to change what was happening except at the ballot box. She
encouraged Council to allow citizens to have their voice heard on the issue.
Andrew Kubik/1251 Munson Drive/Wanted to exercise his right to vote as to whether the City would
pass a resolution directing Congress to amend the Citizens United decision. Local and statewide
resolutions comprised a national effort and he wanted Ashland to decide its own level of participation.
John Wieezorek/165 Orange Avenue/Thanked Council for allowing citizens the opportunity to
participate in democracy and send a local message on one of the largest national issues of the time. Since
the 2010 Citizens United decision occurred, democracy was in crisis. Allowing unlimited amounts of
money into political campaigns striped the American people of their voices.
Evan Lasley/110 7" Street/Explained the case in Montana affirmed overturning Citizens United could
not occur at a state level and required a constitutional amendment. It was not in the interest of people
elected in congress to support Move to Amend. He stressed this was the most pressing political question
of the time and urged Council to pass the ordinance.
Councilor Voisin/Lemhouse m/s to approve First Reading of the ordinance and place on agenda for
Second Reading.DISCUSSION: Councilor Voisin explained citizens were asking for an opportunity to
express their voice to support a constitutional amendment. Councilor Lemhouse added this was an
opportunity for citizens to weigh in as a whole. It was an important issue even though it was an advisory
statement.
Councilor Silbiger agreed with the "Move to Amend" but did not support creating an ordinance for one
item with an expiration date. The City needed a process that allowed citizens to collect signatures for any
advisory measure they wanted to go on the ballot. Councilor Chapman noted there were two types of
advisory questions, one that Council placed on the ballot and the other through citizen initiative. The
ordinance should be about a citizens' initiative. The key was having a mechanism that citizens could use
to get something they wanted onto the ballot. Councilor.Morris agreed with Councilor Chapman, noted
the last Council meeting and how it removed citizens' ability to put advisory measures on the ballot and
had Council decide instead. He supported the constitutional amendment, did not think the motion was
adequate.
Mayor Stromberg explained there was not enough time to collect signatures and timeliness was germane.
Additionally, Senator Merkley was asking for public support and it was legitimate for Council to ensure
that happened regardless of collecting signatures. Councilor Voisin added there was not enough time for
citizens to collect the signatures needed in order to place it on the ballot and that was the reason for the
ordinance. It was extremely important the measure occur during a presidential election cycle and it was
incumbent on Council to give citizens that opportunity. Councilor Chapman responded the item came
before Council as early as March and there was plenty of time to gather signatures then.
City Attorney Dave Lohman explained Council could amend the motion to remove the sunset clause so
the ordinance could apply to referrals beyond this particular measure. Council could also have it apply to
referrals of advisory measures to the voters by initiative petition in addition to referrals by the Council.
Councilor Silbiger/Lemhouse m/s to amend the motion to remove the sunset date for initiatives and
ASHLAND U/I r C.'UUNC.'/L MP-t//NO
July 17, 2012
Page 8 of 8
add a section that allows citizen initiatives. Roll Call Vote: Councilor Voisin, Lemhouse, Chapman,
Silbiger, and Morris, YES. Motion passed.
Roll Call Vote on amended motion: Councilor Voisin, Lemhouse, Chapman, Silbiger, and Morris,
YES. Motion passed.
ADJOURNMENT
Meeting was adjourned at 9:20 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
CONSERVATION COMMISSION MINUTES
6:00pm-8:00pm—June 27,2012
Electric Building, 90 North Mountain Ave
--- To he approved at the Jull,25,2012 Commission Meeting.
CALL TO ORDER
Chairperson Hartman called the meeting to order at 6:03pm.
Attendees:
Thomas Beam,Risa Buck,Cat Gould,(left at 6:38pm),Jim McGinnis,David Runkel and Mark Weir were present. Jim
Hartman and Roxane Beigel-Coryell were not present.
City Council Liaison: Carol Voisin(arrived at 6:22)
Staff Representative: Lee Tuneberg.Adam Hanks,and Man-McChrN:
Chairperson Beam syelcomed Julie Snuthennan and Maria Harris,employees from the Cite of Ashland_Conservation and Planting
Divisions,to the meeting.
APPROVAL OF MINUTES ! ' `
Chairperson Beam asked for approval of the minutes for Mac 23,2012.
Conuuissioner Buck moved to approve the minutes of,1 1w 23, 2012,seconded by Commissioner Gotdd:
Voice Vote: All Ayes. The motion passed eith a unanimous cote. / �
ANNOUNCEMENTS �� A
The next Conservation Commission meeting would be held Juh°25,2012:,
Man°McClan.clarified the August meet6igacoiild be Augtu[22,2012. --�
Cormnissioner Buck will be in attendance for the Juh,meeting
The City Attornec and the Citc Recorder Avould attend the:line nmeetumg to do sorue training in roles mid operating procedures.
Mike Frmght the Public Works Director will be here ui July for an update on the Road Dier.
Compost classes_, \ �\
Cat Gould„Yule
Sheri Celliui,August.(
\/
Mark Weir,September 6 \'
INTRODUCTION OF NEW CONSERVATION ANALYST
Julie Sntithenn:m introduced herself to the Cowunission and gave a brief background of her employment and education in water
conservation. She spoke about some new program changes and upgrading the consenation web site,which now includes air indoor
water conservation guide.http:/h AiiNv.ashland.tir.us/pa2e.asp'?NavID=14039
Her initial focus will be on a program designed for water irrigation,targeting the highest users.
The Commissioners introduced themselves and spoke to her about some of the Commission programs based around water
conservation,for example,the Gray Water Event,marking the Storm Drains,Green Business Program,rainwater catchments,and
AWACK. Included in their Charter,the Commission relayed their support to water conservation,and was excited to work with
Julie in the future.
PUBLIC FORUM
No one present
UNFINISHED BUSINESS
A. 0 of July planning
Commissioner Buck recapped the sub-committee meetings for the annual 4th of July event. They will have a float in
the parade positioned second to last with co-mingle carts and recycled banners that state RECYCLE HERE NOW and
IMAGINE ZERO WASTE. They are learning how to best interact with the public and relay a partnership between the
Chamber,Recology,the Commission and the new Green Committee The float after the parade will become a collection
station.
She spoke about volunteers from the Master Recyclers,the Commission and Parks Department all helping to work the
event. Also,this year,she mentioned there would be 30 clear stream containers,and a water station for refills.
.She.asked for approval from the Commission to spend up.to$20.00,on recycling tee-shirts for the.event.
Chairperson Beam deferred this item to agenda item B. (Commission Expenditures)
Commissioner Buck wanted to have a banner on the float representing the Conservation Commission.
Adam Hanks will contact the GIS staff and facilitate a paper banner and Chairperson Beam stated a more permanent
banner could be purchased by the Commission in the future.
Chairperson Beam spoke about the sub-committees work with the Chamber the efforts to muff_'all cih-events with some
commonalities,with an emphasis on conservation. A
B. Commission Expenditures—FY 2011=12(thru dune 30,1012) A
Adam Hanks explained the procedures for submitting expenditures for this physical year.next year,and how ending
balances are not rolled over to the next year.
The members discussed the expenditures they wanted to look at for the neii rear.for example a guest speaker and possible
changes to the conservation awards.
Commissioner Buck proved to make opproximatgj,20 tee shirts for the July event that could be reused and
would be completed by the June 29, 201-2 deadline-fin-a total o f up.to S150.00. The motion was seconded by
Commissioner Gould.
Commissioner-McGinnis amended the motion foray to S300.00.,ConimissionerGonld seconded the
amendment.
Voice Vote: All Ayees h amended motion passed,with a unanimous vote.
Voice Vote:All Ayes. The motion passed with a unanimous vote.
c. FY 201243 Commission-Budget Appropriation Requests
Commissioner McGinnis made a request tor-$1,502.(10 to fund a guest speaker for an event in late sumuner. Chairperson
Beam will Out the subject on the July meeting under New Business. In September they would hope to have proposal for
expenditures xtith an eventm Oelober,20.12.
Conunissioner Bean spoke to the Commission about the extended calendar and past budget expenditures.
u
NEW BUSINESS j
A. Unified Land Use Co\'Project
Maria Harris holds a planner position with the Community Development Department,City of Ashland for the past 15
years. She introduced the Unified Land Use Ordinance Project to the Commission focusing on the guidelines of trying to
improve the wordingtwritten document,formatting,and graphics in order to become more users friendly. The last time
land use ordinance was adopted was in 1964. Their current goal was to make it accessible by April 2013 with the
Planning Commission overseeing the project.
Maria and the Commissioners discussed different aspects of the project including incentives,water and energy
conservation,conservation mythologies,size of new construction homes and green development measures. She invited the
Commission to keep her informed on their topics of interest. Commissioner Runkel believed it made a lot of sense for the
Commission to form a sub-committee that would work on any recommendations or suggestions from the Commission to
the project. Maria stated they would take any items of concern to the appropriate Committee or Commission for input.
Maria also explained the project consisted of re-working the existing code or removing barriers in the green development.
They would have to work within the contents of the existing policy and council goals.
Commissioner Runkel made a motion to form a Conservation Commission sub-committee to work with the
city's planning department on the revision of the Land Use Code Project. Commissioner Weir seconded the
motion.
Chair-person Beam thanked Maria,on behalf of the Commission,for her attendance and report on the revision
of the Land-Use Ordinances.
Commissioner Weir wondered who would chair the sub-committee. The members discussed their schedule of
projects and if they would be able to support the new sub-committee. In addition, they discussed the scope of
work the sub-committee would cover and the possibility of looking to people outside the Commission to help.
Voice Vote: All Ayes with one Abstain(Commissioner Buck). The motion passed with a majority vote.
B. Commission master calendar for FY 2012-2013
Comunissioner Runkel brought up the meetings surrounding the holidays. Chairperson Beam explained he felt developing
a master calendar helped with conununication and prepared the Commissioners for projects and items coating up in the
fixture. Adam Hanks felt it should be done by staff and put on the web site. Commissioner Weir felt the cih-web site AA as
the best avenue for the Commissioners and citizens.
OLD BUSINESS
/ j \
A. City Operational Sustainability Plan Update�� \
Commissioner McGinnis reported the sub-committee meets from,9-10 on the 2"a and\41 Thursday in the
Siskiyou room at the Communitv Development Building. Commissioner McGinnis thanked Adam for
participating and helping the sub-committee:. \
They discussed overall strategies on how,to approaeh sustainability planning for city operations. Also_the}-
discussed the liming of the 6 recommendations to the City Council and how to apply and accomplish these
recommendations. They want to develop a useable city sustainability template in preparation for the community
sustamability plan. At their next meeting,them will focus on finalizing sustainable principles. They also
discussed setting measureable goals to work to��ards for example:a percentage of reduction of energy usage.
B. Re-cap of Gray Water Event of Jane 23,2012
Commissioner Weir thanked all the volunteers.stab and people involved with helping to facilitate the ven°successhd
event. He requested the Conmtission send a thank-coi letter to EGOS.Ron Dutton.Ashland Corp,Standing Stone,and
sonteinernbers of tlne city staff f'or helping,to host mid present the eyemt. Statllvill take the responsibility for facilitating
the thank=vou letters. ��V
C'ommissionerWeir made a motion to convert the grgv water sub-committee to a water sub-committee to
continue tlre'rnovement gfgr(q,wntw•and other water conservation work. CommissianerMcGirvtis
seconded the motion.
Voice Vote: All Ayes:The motion passed with a unanimous vote.
V � j
Cormnissioner Weir would like to see the next step fix the committee.could be to help promote and create rebate forms
from the City of Ashland tier neater saving systems. Also,he would like to see the Commission sponsoir another neater
event for 2013.
C. Staff Update on LIKED
Adam met in Portland with different municipalities about what constitutes their LEED programs. He is putting
together a packet regarding that data and including it into the operational sustainability piece of the
sustainability,plan coming forward. He reported the City Council voted to certify to Silver LEED standards the
new Fire Station 11. At that time,they did not vote for all future city buildings to be build certified to LEED
standards.
D. Staff Update on Fuel Efficiency/Idling Policy Implementation
Adam reported he had submitted some graphs in the last packet that slmunarized fuel usage. He said Mike
Morrison from the Public Works department was utilizing the data for analysis. Fuel usage by city operations
would be a concern for operational sustainability.
Adam reported they have signs ordered for the parking yard areas,and police area regarding idling,and stickers
to put into the vehicles every time there was an oil change performed. During staff monthly safety meetings the
idling policy will be covered and they are looking into a driving training class for staff on how they drive,which
can benefit reductions in fuel consumption.
E. Green Drinks
Commissioner Weir commented he regularly attends Green Drinks. He presented at their last meeting as a
guest speaker about Gray Water. He believed the Commission was limited on how they can support Green
Drinks,mainly because the city does not financially support events associated with alcohol. Chairperson Beam
asked Commissioner Weir to invite some of the Green Drink's members to some sub-committee group
meetings. Adam clarified,as a Commission; they could nominate a member to speak at an event,representing
the Commission,which is different than the city officially sponsoring an event.
QUARTERLY LIAISON REPORTS / X
Set Aside
COUNCIL LIAISON REPORT -v
Councilor Voisin was yen itupressed and happy with the contents of the Grav Water event ,Slie congratulated the Conunission a
job well done.
OTHER BUSINESS FROM COMMISSIONERS NOTION AGENDAS .�
Commissioner Buck would like to put an item on a future agenda regarding a basic(3 line)nussion statement for the Commission.
Chairperson Beam spoke about the water savings at the school district due to a change in watering c�cle. The benefits showed a
huge savings in the water usage and created healthier grass,due to less vateri ie He believed thev might,be a candidate for a water
conservation award neat year.
Mar.y McClvy asked for a copy of all minutes front the sub-committee meetings
Commissioner Rtuikel will speak to former member Sheri Cellini about the location of the Conservation Commission award
pictures. A � .
i
ADJOURNMENT \ i
The meeting was adjourned at 8:10-
_
i
Respecffidly submitted btu' \'
MatyMcClar�� `V A �
Administrative Assistant for Electric, Teleeomunication
and the Conservation Department.
In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact the
Community Development office at 5414188-5305(TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104 ADA Titiel).
CITY OF
ASHLAND iF•:,
ASHLAND TRANSPORTATION COMMISSION
MINUTES
May 24,2012
CALL TO ORDER
Commissioner Ryan called the meeting to order at 6:00 p.m.
Commissioners Present: Mike Gardiner, Pam Hammond,Steve Ryan,Colin Swales,Corinne Vi6ville and David
Young
Absent: Tom Burnham,Shawn Kampmann and Brent Thompson
Council Liaison: David Chapman
Staff Present: Mike Faught,Scott Fleury,Jim Olson and Jodi Vizzini
Ex Officio Member: Brandon Goldman and Officer Steve MacLennan
APPROVAL OF MINUTES
Commissioners Gardiner/Young We to approve the March 22,2012 minutes. Voice vote: all AYES. Minutes
approved as presented.
(Commissioner Swales abstained)
ADJUSTMENTS TO THE AGENDA
The first action item,Training by City Recorder,was canceled and will be added to a future meeting agenda.
PUBLIC FORUM
Honorb Depew/63 California St./Introduced himself as the newly appointed Southern Oregon University Student
Liaison to the Transportation Commission and shared he will be attending the monthly meetings and report back to
his fellow students on issues affecting them and hopefully be a voice for students in the Commission.
The Commission welcomed him and encouraged his input.
COMMISSIONER COMMENTS
Commissioner Swales requested that packet information be provided in HTML or OCR format instead of PDF.
Commissioner Vi6ville added she is not able to read PDF format with her document reader. Staff affirmed they will
follow-up with the City Recorder on alternate scanning options available within the City.
ACTION ITEMS
Election of Officers
Mike Faught directed attention to the new language of Municipal Code 2.10.050, Election of Officers,Secretary,and
Subcommittees and recommended the Commission elect the new chair and vice chair in April,as was done the
previous year; and then elect a new chair and vice chair in December,transitioning at the first meeting of the
following year. (The Transportation Commission did not meet in April, so the election of officers took place at this
meeting.)
Commissioners Vieville/Young m/s to elect Commissioner Corinne Vi6ville as vice chair.Voice vote: all
AYES. Motion passed 6—0.
Commissioners Swales/Gardiner m/s to elect Commissioner David Young as chair. Voice vote: all AYES.
Motion passed 6—0.
Newly elected Chair David Young took a moment to recognize Commissioner Ryan for an enviable job as the
Transportation Commission chair,as well as chairing the joint Planning/Transportation Commission meetings and
thanked him for his service. Commissioner Ryan stated the position had been one of the most interesting learning
Transportation Commission
May 24,2012
Page 1 of 6
and professional development experiences,and he thanked everyone for the valuable opportunity.
Commissioner Attendance Policy
Mr. Faught referred to Municipal Code 2.10.025, Meetings and Attendance. He stressed the need for
Commissioners to specifically notify the chair and staff prior to meetings in the event of an absence and the
importance of attending meetings which are quorum/decision driven. He acknowledged the heavy volume of joint
Planning/Transportation Commission meetings as Commissioners continue to work on the Transportation System
Plan. He addressed the 2/3 minimum attendance rule and opened discussion on the criteria for an excused
absence.
Commissioner's comments included:
• The chair requested that staff keep track of absences on a spreadsheet and forward to him for review in
January and July
• A comment was made that meetings are random, making it difficult to plan ahead
• Commissioners agreed the time frame for absences needs to be reworked, i.e.Jan—June/July—Dec;
should be any combination of a six month period, not just these specific six month periods
• Comment was made that dismissal due to vacation seems ludicrous and suggested the ability to attend
meetings electronically/teleconference when possible(i.e.temporarily out of the area,on vacation)
• Commissioners felt the current system is problematic
• A suggestion was made to track absences on a yearly basis, much like sick leave;allotting a certain amount
of absences up to the 213 minimum of all scheduled meetings
• Commissioners would like to be recognized for attending other meetings pertaining to the Transportation
Commission, i.e. Road Diet,Open Houses,Council presentations,and Planning Commission meetings as
the Transportation Commission liaison
• Defining what is excused or unexcused could be a slippery slope as individuals places their sense of value
on what is important in their personal lives
Mr. Faught stated he understands the Commission is impacted by the onerous rules, realizing they are volunteering
their time. He requested feedback on the attendance ordinance,which he planned to take to Council.
Commissioner Young requested this topic be placed on the next agenda. He suggested the Commission come
prepared for a focused discussion.
Unifed Land Use Code
Staff Report
Senior Planner Brandon Goldman provided an introduction to the Unified Land Use Code project. He explained the
Ashland Land Use Ordinance(ALUO)was originally adopted in 1964 and has been amended a myriad of times
throughout the years,including 12 separate amendments in the last four years,causing a result of inconsistencies,
repetitive clauses and confusion.
Mr.Goldman explained the City is embarking on a 12 month process to take all of the codes and reformat them into a
Unified Land Use Ordinance. He provided a sample outline of the statewide model code for reference. He explained
the overall intention is to streamline information into a centralized location,consolidate tables,be consistent with the
state,and develop a final document that will be easier to digest. He added it is not intended to make a major policy
shift, but instead will be doing some minor housekeeping.
Mr. Goldman explained there will be a public involvement process which will include Planning Commission Study
Sessions,Advisory Commission updates,and online Open City Hall forum.
Questions of Staff
Commissioner Swales asked if the end result will be more of a forms based code with graphics as was intended in a
previous recommendation. He requested information where he might find a model to look at as an example.
Transportation Commission
May 24,2012
Page 2 of 6
Mr. Goldman stated the organization structure will be modified and Planning will be using the Statewide Model Code
as the model for the project.
Drive-up Uses:
Type III PLANNING ACTION:#2012.00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-&C-1-D-zoned portions of Ashland's"Historic Interest Area"
REQUEST: A proposal to amend the Ashland Municipal Code(AMC 18.32.035.E)as it relates to drive-up
uses in Commercial districts. Drive-up uses are currently a special permitted use in the C-1 zoning district,
but only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street
and Siskiyou Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as
defined in the Comprehensive Plan.The proposed legislative amendment is to provide exception language
which would apply only to existing drive-up uses within the Historic Interest Area and would allow them to
relocate to a new site elsewhere within the Historic Interest Area provided that they are located
predominantly underground or otherwise screened from view from the public right-of-way.
Staff Report
Senior Planner Brandon Goldman introduced the planning action as a land use application which is a legislative
amendment to the code previously referenced and would set forth standards that would be applied to drive-up uses
within the historic district. He explained the current code limits 12 drive-up uses within the city of which four are
financial institutions located within the historic district. The businesses that would be impacted by the proposal of the
applicant and subsequently subject to new requirements if approved by Council are: Wells Fargo Bank(67 E Main),
U.S. Bank(30 N Second),Chase Bank(243 E Main)and Umpqua Bank(250 N Pioneer).
Mr.Goldman explained the Planning Commission reviewed the land use application at the pre-application stage prior
to drafting the code,and reviewed the project at the May 8,2012 meeting and felt it would be beneficial to hear input
from the Transportation Commission before making a formal recommendation to Council on June 12,2012.
Mr. Goldman stated issues that came up during the staff evaluation of the proposal were identified as areas staff
would make recommendations in terms of modification and were located on page 9 of 9 in the staff report section of
the application. He noted in particular,criteria specifically related to transportation read:
That driveways serving relocated drive-up uses may not enter from or exit to a higher order street frontage
or through a primary elevation of the building,and that there is to be no placement of driveways or queuing
lanes between a building and the right-of-way other than an alley.
He added the proposal intends to change the code so if one of the four institutions were to relocate elsewhere within
the historic district they would be able to do so. Currently there is a prohibition on new drive-ups within the historic
district.The code amendment would allow drive-ups when relocating;but would not increase the number allowed.
Questions of Staff
The following questions and comments were issued to staff:
• The existing policy would hopefully phase out drive-up uses in the downtown area and yet the staff report
states more general discouragement of auto-centric uses in order to maintain the downtown historic districts
character. Is the policy/staff discouraging auto drive-up uses?
Staff stated all buildings would be subject to the historic design standards and staff will look at relocating,
not increasing the number of drive-up uses.
• Commissioner questioned existing and new gas stations under the purview of this proposal.
Staff stated drive-up uses are separate and distinct from automobile fuel sales.
• What if a fast food restaurant bought one of the downtown area buildings with an existing drive-up?
Staff stated they could do so under the existing code,but would have to go through a conditional use permit
and site review.
• Comment was made concerning the language stating the Transportation Commission had previously heard
Transportation Commission
May 24,2012
Page 3 of 6
and commented on the application.This is a misstatement as they have heard, but have not deliberated on
it. Suggestion was made to provide information to the Conservation Commission as it pertains to emissions
and could affect their mission policy.
Staff responded it is not an application for the Ashland Cooperative(Co-op)to expand parking;it is an
application for an ordinance change.
• Commissioners commented the ordinance change is driven with future parking in mind.
Staff added it is a separate issue;if this application is approved it does not automatically approve the
location of additional parking. Mr. Goldman explained it is a legislative amendment proposed by an
applicant and described the process for application approval.
• Will there always be four downtown drive-up uses?
Staff stated four or less. Staff added at six months of non-use, the drive-up use can expire.
• Questioned zoning of the Co-op and Umpqua Bank.
Staff deferred question to the applicant.
• What is the city policy on encouraging large scale surface parking in this type of zone?
Staff explained parking requirements are based on the use, and to discourage large expansive lots the city
has a cap of 10%of the square footage of a building which cannot be exceeded.
Commissioner Hammond left the meeting at 6:54 p.m.
Applicant's Presentation
Mark Knox, Urban Development Services,Applicant's Representative addressed the commission. He stated in
general the goal is not to increase the number of drive-ups uses, but to look at a variety of comprehensive plan
policies. The goal would be to identify a system and include language that would allow and encourage redeveloping
of the existing drive-up properties. He encouraged questions and feedback from the Transportation Commission.
Richard Katz,General Manager of Ashland Food Cooperative addressed the Commission. Mr. Katz stated the
Co-op moved to the location 20 years ago and described it as a mostly residential area at that time. The business
has tripled in the last 10 years causing the need to expand and accommodate parking issues to meet the needs of
the Co-op's patrons. He added half of the citizens of Ashland are not only shoppers, but are owners of the Co-op. He
acknowledged the concern of emissions that are caused by patrons idling and driving around looking for a place to
park. He shared his vision of how the Co-op would utilize the Umpqua Bank property if they were able to occupy the
space.
Questions of Applicant
• Is the goal for redevelopment of the existing drive-up businesses driven by the need,aesthetically,to
conform architecturally to the character of downtown, i.e. redeveloping as banks, but with a different look?
Applicant stated the goal was to accomplish all the existing codes in place, including discouragement of
auto-centric uses.
• Would a change to the ordinance affect existing drive-up businesses retroactively or only if redeveloped?
Applicant and staff stated only if redeveloped.
Rebuttal by the Applicant
Mark KnoxtClarified and emphasized the conclusions and recommendations of the Planning Commission as
illustrated on page 8 and 9 of the packet provided.
Deliberations and Decision
Commissioner Young felt it was onerous for the commission to make thoughtful suggestions or decisions without the
benefit of the Planning Commission's ideas prior to the meeting. Commissioner Swales stated the purview of the
Transportation Commission was to focus on the transportation system plan and the multi-modal future and
encouraged the Co-op and Planning Commission to look at creative options that would support the mission.
Commissioner Young asked the commissioners to express their position on the ordinance change as being net
Transportation Commission
May 24,2012
Page 4 of 6
negative, net neutral or net positive. Commission Swales, negative;Commissioner Ryan, negative;
Commissioner Gardiner, neutral; Commissioner Viiville, in between neutral and negative; and
Commissioner Young, neutral,slightly positive.(Commissioner 1116ville withdrew her comment prior to the
end of the meeting.)
SOU Student Liaison, Honor6 Depew commented on the vague language of the amendments to the ordinance which
could potentially provide loopholes and cause potential abuse.
Commissioner Young summarized the majority of the Commission as leaning negative to neutral. He added
Mr. Depew's comment was neutral,although he is not a voting member but wanted to acknowledge his comment.
Mr. Goldman stated the events of the meeting will be forwarded to the Planning Commission and added if the
commissioners had any further comments specifically related to the suggested criteria for approval,they should
submit them prior to June 12,2012.
Request Four-Way Stop Sign at 8th&B Street
Scott Fleury, Engineering Services Manager, reported that staff received a request for a four-way stop at 8th and B
Streets prompting a site review of the intersection. He provided data on site distances, motor vehicle crash summary
and 2006 Average Daily Total(ADT)counts and determined the results of these studies did not warrant stop signs at
this time, but acknowledged the site issues were problematic. Mr. Fleury recommended an updated classification
study and traffic count of this intersection.
Mr. Depew questioned if the placement of the existing stop signs could be relocated to improve site distance. Mr.
Fleury explained the stop signs and stop bar are placed in the correct locations,yet site issues remain.
Commissioners Gardiner/Ryan m/s to direct staff to update the traff ic study for the intersection of 8th&B
Streets. Voice vote: all AYES.Motion passed 6—0.
Commissioner Ryan stated he has received many complaints from neighbors about issues at this intersection.
Commissioner Swales stated he lives on 8th Street and stressed both of these streets are designated as bicycle
boulevards and was not sure how this will affect the future of this intersection in terms of bicycle access. He added it
is a busy street due to the various businesses and parking yards for City equipment.
NON ACTION ITEMS
N.Main/Hersey/Wimer Intersection Re-alignment Update
Jim Olson gave an update of the project which was presented to Council in an executive session in April. Council did
not like the idea of developing the entire lot at 430 N. Main for a public parking lot. Instead,only half of the lot will be
developed,which will reduce the cost considerably. Updates included:
• Four parking spaces(only)
• Paved access from existing driveway(Lori Lane)for the sole access of Colwell Chiropractic Clinic
• Changes were made in the plans
• Submitted project to bid
• Bid opening will take place on June 7,2012
• Expect to go to Council on June 29,2012 with award of contract
Mr.Olson added the award will be dependent on the completion of the right-of-way access. If the right of way is not
in hand at the time,the project will be delayed.
Commissioner Swales asked if the Road Diet will be delayed or if it will continue as planned. Mr.Olson replied that
Council did not want to delay the Road Diet and will stay on schedule for August 24, 2012.
Traffic Crash Summary
Transportation Commission
May 24,2012
Page 5 of 6
No discussion was held.
INFORMATIONAL ITEMS
Action Summary
Commissioner Swales requested"parking on both sides of Granite St."as an action item on an upcoming agenda.
Commissioner Young asked for a report on the progress of restriping the Plaza. Mr.Olson reported the process
requires the use of an environmentally sensitive machine that has been unavailable, as well as the impact of the fire
in the Plaza which has delayed this process. Staff will look at proceeding with the project in August,2012.
TC Budget Balance
No discussion was held.
Commission Appointments
Informational item only. No discussion was held.
Traffic Safety Connection(April)
Informational item only. No discussion was held.
The Traffic Calmer
Informational item only. No discussion was held.
Normal Avenue Neighborhood Plan Update
No discussion was held.
Velo Grant Update
Commissioner Ryan and Jodi Vizzini gave an update on the bicycle helmets that were ordered using funds provided
by a Siskiyou Velo grant award. Commissioner Ryan reported he had been in contact with Ashland School District
office and will organize the delivery of helmets to the four designated schools utilizing school district staff,City staff or
other volunteers. Commissioners offered to help deliver the helmets if needed.
COMMISSIONER ADDITIONAL COMMENTS
Prior to the conclusion of the meeting Commissioner Vi6ville withdrew her neutral-negative position of the
Drive-up Uses ordinance change,and changed it to an abstention as she had not read the packet due to
technical difficulties with her document reader and the City's PDF format.
ADJOURNMENT
Meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Transportation Commission
May 24,2012
Page 6 of 6
JOINT ASHLAND PLANNING COMMISSION AND
ASHLAND TRANSPORTATION COMMISSION MEETING
MINUTES
June 14,2012
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 6:00 p.m.in the Civic Center Council Chambers, 1175 East Main
Street.
Transportation Commissioners Present:Tom Burnham,Mike Gardiner, Pam Hammond,Shawn Kampmann,and
Colin Swales
Planning Commissioners Present: Tony J. Brown,Michael Dawkins, Eric Heesacker,Richard Kaplan, Pam
Marsh,and Debbie Miller
Staff Present: Mike Faught,Karl Johnson and Jodi Vizzini
Ex Officio: Bill Molnar and Brandon Goldman
Council Liaison: David Chapman
Transportation Commissioners Absent: Corinne Vieville and David Young
Planning Commissioners Absent: Melanie Mindlin
INTRODUCTORY REMARKS
Commissioner Marsh began the meeting by adjusting the agenda to cover non-voting items until a quorum was
present.
ADJUSTMENTS TO THE AGENDA
Review Final TSP Timeline
Mike Faught reviewed the Transportation System Plan (TSP)Timeline and explained an additional meeting will be
necessary in mid July to discuss the Washington St./Tolman Cr.connection. He added the consultants will need
four weeks to put together the final constrained plan,so a meeting in mid August will need to be scheduled as well.
Commissioner Marsh suggested a Doodle poll to confirm availability for the next meetings.
Commissioner Miller arrived at 6:15 p.m.
PUBLIC FORUM
No one came forward to speak.
ACTION ITEMS
SOU Pedestrian Crossing
Staff Renort
Mr. Faught acknowledged the genuine interest of the joint Commissions was to add and require a pedestrian
crossing on Siskiyou Blvd. at Wightman St. Susie Wright,Kittelson&Associates, recapped the concept as a grade
separated pedestrian crossing at the same location as the striped diagonal crosswalk,designated as part of the
Southern Oregon University(SOU)Housing Development. She explained the key to success of the project would be
a bridge with long ramps that extend into the quadrants of the campus giving a direct route for pedestrians from the
dorms to campus without sacrificing existing crosswalks in the area.She gave a ballpark estimate of this
development at$2 million, using the Barnett Exchange pedestrian bridge as an example.
Mr. Faught shared SOU's concern is the potential$2 million development requirement and suggested the project be
added to the TSP as a standalone project and not driven by SOU's development. He added that grant funding and/or
school funding can be pursued to finance the project in the future.
Joint TC1PC
June 14,2012
Page 1 of 6
SOU Staff Presentation
Jonathan Eldridge,Vice President for Student Affairs and Drew Gilliland, Director of Facilities Management and
Planning thanked the Commissions for the opportunity to speak on behalf of SOU. Mr. Eldridge stated from a
university standpoint they support the study of the pedestrian overpass;however having requirements associated
with it without studies to back the project is questionable.He shared current data on student population,student
traffic and connectivity between dorms and campus buildings. Mr. Gilliland explained how student routes will change
with the new development and encouraged the Commissions to wait for more data before making a decision. He
added it was encouraging to hear this project will be a partnership with the City as the intersection serves both the
community and students. Mr. Eldridge summarized SOU's request to not be so specific with the plan when future
studies may indicate a different location and/or design necessary.
Questions for Applicant
Would SOU consider a tunnel option?
It poses a security/safety issue;infrastructure issues
Commissioner Hammond arrived 6:22 p.m.
Deliberations and Decisions
Commissioner Marsh summarized SOU's suggestion to include an ongoing study of an overpass and/or alternatives,
recognizing transport through this area is a high priority for the City and SOU as a partner.
Commissioner Miller supported giving time for studies and data compilation. Ms.Wright explained a project of this
magnitude would not go forward without a preliminary engineering and feasibility phase.
Mr. Faught recommended keeping the pedestrian crossing in the unfunded part of the TSP,and the study in the
funded section. Ms.Wright added indicating the exact location would be appropriate.
Commissioner Brown recommended eliminating the concept of the overpass and look at crossings that affect SOU
from one intersection to another and the patterns across the university; not limiting the study to just an overpass at a
specific location. Commissioner Kampmann agreed. Commissioner Burnham disagreed and stated this intersection
should be the focus. He added it has been studied and doing another study would be redundant.
Ms.Wright stated if the goal is to ultimately enhance the crossing to capture the most students it would be
appropriate to look north and south and evaluate the travel patterns.She added the engineering and feasibility study
should go hand in hand. Commissioner Kaplan agreed with this approach and added the importance of looking at all
types of crossings,signal treatments,and the intersections that might impact the critical intersection.
Commissioner Kampmann questioned the current study findings on capacity at this intersection. Mr.Wright
explained the pedestrian capacity findings and concerns about the Bridge St.crossing and how the demand of that
intersection will impact a signal progression at Indiana/Wightman.
Commissioners Kampmann/Miller m/s to approve a study of pedestrian crossings on Siskiyou Blvd. in the
SOU vicinity and look at all alternate crossings;monitor the diagonal crossing;and include an engineer
study. Discussion:Commissioner Swales suggested adding the crossing at Ashland StlWalker Ave.Commissioner
Kampmann agreed and added the study should include Garfield St.Commissioner Kampmann amended the
motion to include a study from Walker Ave./Siskiyou/Garfield. Commissioner Miller asked for clarification of the
time frame of the study and if the study will take place after the development of the new dormitory.
Mr. Faught recommended the Commissions request a project sheet for the TSP and bring it back to the next meeting
instead of making a motion.
Joint TC/PC
June 14,2012
Page 2 of 6
Commissioner Kampmann withdrew the motion. Commissioner Marsh confirmed the Commissions would
like staff to create a project sheet with cost estimates and details and present it at the next meeting.
ADOPTION OF PREVIOUS MEETING MINUTES
Commissioners Swales/Kaplan m/s to approve the May 16,2012,Joint TC/PC minutes. Voice vote: all AYES.
Minutes approved.
Commissioners BumhamlHeesacker mis to approve the May 8,2012, Bikeway Networks Subcommittee
minutes. Voice vote: all AYES. Minutes approved.
[Brown, Dawkins, Gardiner,Hammond, Kampmann, Kaplan,Marsh,Miller and Swales abstained]
Commissioners Swales/Kampmann mis to approve the April 25,2012 Downtown Plan Subcommittee
minutes.Voice vote: all AYES.Minutes were approved as corrected.
[Brown, Burnham, Gardiner, Heesacker and Miller abstained]
Commissioners Dawkins/Gardiner m/s to approve the April 23,2012,Transit Subcommittee minutes.Voice
vote: all AYES. Minutes approved.
[Brown, Burnham,Hammond, Heesacker, Kampmann,Kaplan,Miller and Swales;abstained]
Staff Recommended Safe Routes to School
Karl Johnson,Assistant Engineer,explained staff recommended revisions to previously approved Safe Routes to
School. The recommendations were:
Lincoln St.
Reduce priority to medium.
Quincy St.
Reduce priority to medium.
Water St.
Completion of both sides from Central Ave. to Van Ness Ave. Reduce priority to medium.
Diane St.
Completion of south side from Jaquelyn St. to Tolman Crk Rd.
High St.(Manzanita to Wimed
Recommend removing from list.
High St.(Manzanita to Laurel)
Recommend removing from list.
Manzanita St.
Recommend removing from list.
Patterson St.
Recommend completion of north-side from Carol St. to Crispin St.
Orchard St.
Recommend completion of south-side from Sunnyview St. to Westwood St. Reduce priority to low.
Spring Creek Dr.
Recommend removing from list.
(Mr.Johnson changed his recommendation to remove;leave as approve.)
Commissioners Gardiner/Brown mis to approve the Safe Routes to School staff recommended revisions as
listed,with the exception of Lincoln St.(leave as high priority). Voice vote:all AYES. Motion passed 11. -0.
Commissioner Swales suggested the City have safe routes to school maps readily available for residents. He was
also concerned with the crossing of E. Main St.at Hersey/Wimer and how that is being addressed with the road diet.
He added the need to include Hersey St.as a safe route to school.
Joint TC/PC
June 14,2012
Page 3 of 6
Mr. Faught explained there is an existing sidewalk project plan included in the HerseyMimer realignment that he will
send to Commissioner Swales.
Staff Recommended Shared Roads
Mr. Faught explained the concept of shared roads and used Grandview St.as an example of a low volume street with
slow speeds,no sidewalks,shares the road with all modes of transportation,and has constraints that do not allow
street standards. Based on those criteria,staff provided a list of recommended shared roads for the Commissions to
review.
The Commissions discussed several of the roads on the list and made suggestions. Mr. Faught stated that staff will
create an amended list and coordinated map to present at the next meeting. Commissioner Marsh added the
Commissions will forego a motion and noted a consensus to move forward with a fundamental list and the additions
Mr. Faught will investigate.
Fee in Lieu of Sidewalk
Ms.Wright explained fee in lieu option development code as an ordinance that many cities have,which allows a
development applicant to request to pay a fee in lieu instead of constructing a sidewalk in front of the development.
She shared several reasons an applicant or City would request a fee in lieu instead of sidewalk construction. Ms.
Wright recommended the TSP support a policy of fee in lieu. She referred to an ordinance from the City of St.
Helens as an example. Commissioners asked clarifying questions.
Commissioner Marsh summarized the discussion by stating the ordinance is potentially a very important tool that will
allow a more credible and usable sidewalk system.The Commissions acknowledged their agreement with the
concept.
Downtown Plan
Mr. Faught explained he used the incorrect project number duririg the last Downtown Plan Subcommittee meeting
and clarified he meant to refer to Project(R37)as the preferred project; not Project(R15).He referred to an updated
Downtown Projects spreadsheet which clarified the revised recommendations:delete Project(R15);delete Project
(R16);and approve Project(R37).
Ms.Wright introduced the Draft Concept Drawings of E.Main St.which were based on the consensus of interest in
reducing E. Main St.to two travel lanes. The drawings included a near term Project(R15)E. Main St.Buffered Bike
Lane Concept and a long term Project(R37)E.Main St. Sidewalk Widening Concept. She added the illustrations
were draft concepts, not final preliminary engineering designs and were intended to give the Commissions an idea of
what the concepts would look like.
Project(R37)
Ms.Wright explained the main interest of the Downtown Plan Subcommittee was the long term Project(1337)which
includes two travel lanes,wider sidewalks,curb extensions at intersections,and a bike lane without compromising
on-street parking.She recommended adding Oak St.as a signalized intersection,removing the free flowing
movement out of the Plaza.She added that three travel lanes will resume prior to the Second St. intersection.
Project(R15)
Ms.Wright explained the Project(R15)concept as using the third lane fora buffered bike lane without widening
sidewalks. She added the positive attributes as a near term alternative include experiencing two lanes without major
reconstruction;and has potential positives as it relates to truck parking. She explained that currently E. Main St.
operates with two lanes due to truck delivery using both sides of the street. The buffered bike lane could be used for
truck parking as designated space for loading and unloading on one side without impacting the flow of traffic.
Commissioner questions/comments included:
Joint TC/PC
June 14,2012
Page 4 of 6
• A recommendation was made to get rid of the three legged crosswalk at Oak St.;allowing only an upstream
crosswalk.
Ms. Wright explained that signalizing this intersection would remedy the problem
• A comment was made about the recent traffic congestion due to the cell tower repair on E. Main St.forcing
traffic into a one lane crawl for hours
• Downtown Ashland works civilly during power outages; not in favor of more signalized intersections
• How will the truck parking work going from three travel lanes to two travel lanes?
Mr. Faught explained this will need to be worked out before any change can be made(as discussed in
previous meetings)
• Is it illegal to park in a bike lane?
Ms. Wright answered that parking in a bike lane is illegal, but trucks can make deliveries legally utilizing a
bike lane
• Designating a truck parking lane will create jaywalking delivery persons with hand trucks crossing two lanes
of traffic
• A designated truck delivery lane will not guarantee that drivers will use that lane;drivers will park on the side
of the street that is most convenient
• A comment was made about the history of travel lanes through Ashland and noted the third lane was
specifically added for truck deliveries
Commissioner Marsh summarized the discussion by stating the Downtown Plan Subcommittee supported the
concept of a two lane road with potentially wider sidewalks, bike lanes,and a delivery truck parking study.She
suggested going forward with this language acknowledging the specific design will vary depending on the study
results.
Commissioners Kampmann/Kaplan m/s to approve the Downtown Plan Subcommittee recommendations and
the recommendations highlighted in yellow on the spreadsheet;and include the caveat Project(R3/R4) E.
Main St./Oak St.to be signalized when warrants are met.
Commissioners Bunnham/Swales m/s to amend the motion to include changing the recommendation of(1-4)
Street Patios from delete to approve. Discussion:Commissioner Kampmann stated Project(R37)includes wider
sidewalks and bump outs;street patios could be an option in the future if it is developed. Mr. Faught added the
Chamber of Commerce was in opposition of(1-4). Commissioner Swales stated that(1-4)is a creative idea the
consultants came up with and he would be disappointed if the option was nixed early in the process. He added there
are other ways to incorporate it.Commissioner Marsh agreed in terms of the creative idea but felt it was a red herring
in the discussion and is not essential to the plan,causing consternation with partners in the community.
Commissioner Marsh asked for a show of hands in favor of the amended motion: Commissioners Burnham,
Dawkins, Heesacker,Miller and Swales in favor;Commissioners Brown,Gardiner, Hammond, Kampmann,
Kaplan and Marsh opposed. Motion failed 5-6.
Commissioner Marsh asked for comments before returning to the main motion. Commissioner Swales stated the
(S8)Downtown Couplet Transition Study is important to the overall downtown planning and should have a
placeholder in the TSP.
Commissioners Swales/Dawkins m/s to amend the main motion to include approval of(S8) Downtown
Couplet Transition Study. Discussion:Commissioner Swales clarified he is in favor of a study to remove the
downtown couplet system and returning two-way traffic to both E. Main St.and Lithia Way. Ms.Wright explained the
concerns of the preliminary findings and how the treatments would impact multiple buildings, bike lanes,and turn
movements at traffic signals.
Commissioner Marsh asked for a show of hands in favor of the amended motion: Commissioners Dawkins
Joint TC/PC
June 14,2012
Page 5 of 6
and Swales in favor;Commissioners Brown, Burnham,Gardiner, Hammond, Heesacker, Kampmann, Kaplan,
Marsh and Miller opposed. Motion failed 2-9.
Commissioners voted on the main motion to approve the Downtown Plan Subcommittee recommendations
and the recommendations highlighted in yellow on the spreadsheet; and include the caveat Project(R3/R4)
E. Main St./Oak St.to be signalized when warrants are met. Commissioners Brown,Gardiner,Heesacker,
Kampmann, Kaplan,Marsh,and Miller in favor.Commissioners Burnham, Dawkins,Hammond and Swales
opposed. Motion passed 7-4.
Oregon Department of Transportation(ODO7)-MedianfRoundabout
Mr. Faught asked the Commissions to review the proposed realignment Project(R8)and roundabout Project(119)
at Ashland St.(OR 66)/Oak Knoll/E. Main St.for reference. He explained the memo from John McDonald indicated
ODOT will follow the City's lead and will amend the Interchange Area Management Plan(TAMP)to be consistent with
the City's TSP. Based on that information, Mr. Faught recommended adding Project(R8)to the constrained plan,and
Project(R9)as a preferred plan(non-constrained).
The Commissions discussed the intersection at hand and future solutions if triggered by development.
Commissioners Heesacker/Brown m/s to add Project(R8)to the constrained plan of the TSP and Project
(R9)to the preferred plan(non-constrained). Voice vote: Commissioners Brown, Burnham,Dawkins,
Hammond,Heesacker,Gardiner, Kampmann, Kaplan,Marsh,Miller,YES. Commissioner Swales, NO.
Motion passed 10-1.
(01)Create TravelSmart Educational Program
Ms.Wright explained the concept of theTravelSmart Educational Program as a programmatic approach to increase
the amount of people who are walking, biking,and taking transit. She added the approach is an individualized
marketing program that actively educates and promotes City-wide and/or targets interests neighborhood by
neighborhood. She shared the program has the added benefit of being one of the items on the checklist to become a
platinum rated bicycle community. She recommended adding this program to the TSP with a budget of$45,000 or
$15,000 for three years.This cost was based on data from other cities with an outreach goal of 1,000 homes.
Questions/Comments from Commissioners:
• Educational flyers do not seem cutting edge;marketing strategies need to be updated, i.e.Smanphone
apps
The program can be created to reach the community in a variety of ways to educate the public
• Can this program be targeted for tourists?
The program can be modeled to include tourists
• Is this a fixed nation-wide program?
No, it is a localized trend;not a fixed program
Commissioners Brown/Heesacker m/s to include the TravelSmart Educational Program in the TSP,
incorporating a budget of$45,000 to be used in various ways to educate the public. Voice vote:
Commissioners Brown, Burnham, Dawkins, Hammond,Heesacker,Gardiner, Kaplan,Marsh,Miller,Swales,
YES. Kampmann,NO. Motion passed 10-1.
ADJOURNMENT
Meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Jodi Vizzini, Public Works Assistant
Joint TGPC
June 14,2012
Page 6 of 6
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Award of a Construction Contract to Apparent Low Bidder for the
Police Station Remodel
FROM:
Terry Holderness, Police Chief, holdemet @ashland.or.us
SUMMARY
The City's Capital Improvement Plan for 2013 included an allocation of$1.5 million to fund a remodel
and addition to the existing police facility. That project was opened to a competitive bid process in
July 2012. Bids were opened on Wednesday, July 25, 2012. The Police Department is requesting that
the Council authorize acceptance of low bid and allow the City to enter into a contract with Ausland
Construction for the police station expansion and remodel.
BACKGROUND AND POLICY IMPLICATIONS:
In 2010 the Public Safety Bond Committee appointed by the Council found that the existing Police
Department building needed to be expanded or replaced and found that the most cost effective way to
meet the space needs of the Police Department would be to remodel the Grove for use as a police
facility. The Council accepted and adopted the Public Safety Bond Committee's recommendations
during a council meeting on May 18, 2010. The Council approved funding to hire an architect to
determine the feasibility and cost of remodeling the Grove for use as a police facility. The architect
also determined the feasibility and cost of expanding the existing station. Based on the feasibility
study by the architect the bond committee was asked to reevaluate their recommendation. On
November 15, 2011 the Council adopted the Public Safety Bond Committee's recommendation to the
Council that the existing police station be remodeled and expanded. The 2013 budget was approved
with $1,500,000 allocated in the CIP to expand and remodel the police station during the 2013 budget
year. The project was funded using a combination of funds from the existing CIP fund and asset
seizure funds.
Staff developed a Request for Bid for the expansion and remodel of the police station. These services
included, building a 3000 square foot addition and remodeling the existing police station. All
proposals were received by July 25`h at 2:00 p.m. Three firms responded with formal bids. The low bid
of$1,063,300 was submitted by Ausland Construction.
FISCAL IMPLICATIONS:
The project was included in the 2013 CIP budget at a cost of$1,500,000. Total estimated cost o_ f the
project based on the construction bid is now estimated at $1,450,000.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Council authorize acceptance of low bid and allow the City of enter into a contract with Ausland
Construction for the police station expansion and remodel.
Page I of 2
I&,
CITY OF
ASHLAND
SUGGESTED MOTION:
Move to accept the bid submitted by Ausland Construction for the police station expansion and
remodel and authorize a contract not to exceed $1,063,000.
Attachments:
Bid Tabulation for police facility remodel.
Page 2 of 2
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CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Approval of Contract with Columbia Helicopters, Inc. for Timber Harvesting and
Log Hauling Services
FROM:
Chris Chambers, Forest Resource Specialist, Fire Department, chamberc @ashland.or.us
SUMMARY
The Fire Department is seeking approval of a contract for helicopter timber harvesting and log hauling
services as part of the Ashland Forest Resiliency Project (AFR) on Federal lands in the city's
watershed. The contract covers approximately 355 acres in this phase of work. This contract will allow
Columbia Helicopters, Inc. to provide the desired services.
BACKGROUND AND POLICY IMPLICATIONS:
The Ashland Forest Resiliency project is a long-term project to improve forest health and reduce
wildfire risk. AFR has support from the Council through approval of the project decision documents
(2008 and 2009) and the City's role in the master stewardship agreement (2010) that enabled the AFR
partnership and related funding through the Federal stimulus program. The helicopter thinning phase of
the project is led by the City due to our successful experience with a similar helicopter project on City
forestlands in 2004. Columbia Helicopters was the highest ranked proposer resulting from a request for
proposals released on June 28, 2012, to 13 potential contractors. A pre-proposal field tour on July 12`h
was attended by four contractors and two proposals were received by the City on July 25`h. A seven-
person evaluation team scored the proposals, and the evaluation summary is attached. This contract
implements planned work that accomplishes elements of past Council goals related to watershed
protection and ecological sustainability.
FISCAL IMPLICATIONS:
The City can charge 4.5% indirect rate on all funds spent as a result of this contract. The accepted
proposal rate equals approximately$1.4 million. Due to variation in the actual wood volume
measurements and varying haul distances to a mill, the not to exceed contract amount is listed at $1.8
million. Funding for this project is 100% reimbursable from the Federal government.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the contract with Columbia Helicopters for the described services.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the contract with
Columbia Helicopters for timber harvesting and log hauling services.
ATTACHMENTS:
Notice of Intent to Award Contract for Helicopter Services
Proposal Evaluation Summary Sheet
Page 1 of 1
OW
CITY Of
ASHLAND
July 30,2012
David Horrax
Columbia Helicopters, Inc.
PO Box 3500
Portland,OR 97208
davehP,colheli.com
Dear David:
Subject: NOTICE OF INTENT TO AWARD A PUBLIC CONTRACT
RFP—HELICOPTER TIMBER HARVESTING&LOG HAULING SERVICES
The City received two(2)proposals in response to the Request for Proposal for Helicopter Timber
Harvesting and Log Hauling Services. The proposals were evaluated and scored by a seven-person
evaluation committee in accordance with the evaluation process and criteria outlined in the RFP. Upon
the completion of the evaluation process,Columbia Helicopters was declared the highest ranked proposer.
Therefore, the evaluation committee is recommending that the public contract for Helicopter Timber
Harvesting and Log Hauling Services be awarded to Columbia Helicopters. A copy of the evaluation
summary is enclosed for your review.
The City's intent is to award the public contract to Columbia Helicopters,which is subject to the final
approval of the City's Local Contract Review Board. Under AMC 2.50.030,the City Council is the
designated Local Contract Review Board, and the contract recommendation will be presented to the City
Council on Tuesday, August 7,2012.
In accordance with ORS 279B.135 and OAR 137-047-0610,this Notice of Intent to Award is being
provided at least seven(7)days before the Award of the Contract to each proposer who submitted a
proposal. A proposer may protest the Notice of Intent to Award a Public Contract in accordance with
ORS 279B.410.The written protest must specify the grounds of the protest and be received by the City
of Ashland within the seven(7)day protest period.The City of Ashland will promptly consider the
protest and issue a decision in writing.
The contract award will be final upon the following:
✓ The protest period has expired.
✓ The City of Ashland has provided written responses to all timely filed written protests denying
the protests and affirming the Award.
✓ The City Council has approved the final contract.
PURCHASING Tat:541448
City of Ashland Fax:541.488-532-532 0
90 N.Mountain TTY:541-552-1234
Ashland.Oregon 97520
wwmashland.or.us
r}iao«vau.comvma<wvm
On behalf of the City of Ashland,we would like to thank you for participating in the RPP process. Your
time and efforts are greatly appreciated. If you have any questions or need additional information,please
call(541)488-5354.
Thank you.
Respectfully,
Kari Olson
Purchasing Representative
PURCHASING Tel:541-488-5354
City of Ashland Fax:541-488-5320
90 N.Mountain TTY:541552-1234
Ashland,Oregon 87520
wwmashland.or.us
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CITY OF
ASHLAND
Council Communication
August 7, 2012, Business Meeting
A Resolution Requesting That The City of Ashland Be Included In The Jackson
County Enterprise Zone and Designating Tax Lots To Be Included In The
Enterprise Zone
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us,
SUMMARY
At its July 16 study session, the City Council directed staff to move forward with preparing the
necessary resolution to have the City of Ashland join the Jackson County Enterprise Zone. The
Enterprise Zone is a legislatively created economic development program under which traded sector
businesses can gain property tax breaks for making certain capital and personal property investments.
Rather than having the City of Ashland create its own enterprise zone, this resolution asks the Jackson
County Board of Commissioners to add certain employment lands in Ashland to the existing Jackson
County enterprise zone.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon legislature created enterprise zones as a local option property tax incentive for traded
sector businesses that make eligible real or personal property investments. The criteria for business
eligibility for the standard, three-year property tax exemption benefit are fixed for all zones. Zone
sponsors can set certain requirements for granting the additional two years of exemption benefit for
high wage new jobs. Businesses must be a trade sector business—creating goods or services in the
area and selling against competition from outside of region's market area—USA or global. New
investments made by an eligible business must be eligible investments—real or fixed property assets or
personal property investment of$50,000 or more if new investments are made at an existing building—
the current assessed value remains a property tax liability for business.
Existing businesses operating inside the enterprise zone are required to add 10% to their current
employment level. For instance, if the business has 50 employees it must add 5 new full time
employees. For high wage jobs created from the new investment, the eligible business can apply for
an extra two years of exemption from property taxes on new investments. High wage jobs in Jackson
County are defined as: wages plus non-mandatory benefits totaling$51,058 per year or($34,039
average annual wage in Jackson County times 1.5 = $51,058).
The Council requested that staff explore whether it would be possible for Ashland to join Medford's
enterprise zone, which includes an e-commerce zone overlay. Businesses in e-commerce zones are
eligible for income tax breaks from the state. These businesses tend to be web-based and therefore do
not make major investments in real property improvements or personal property purchases.
Unfortunately, Medford's zone is limited to its urban growth boundary and cannot be expanded.
Page I of 2
�r,
CITY OF
ASHLAND
What's more, the state limits the number of available e-commerce designations and all have been
dispensed. Unless the legislature acts to expand the number of available e-commerce zones, Ashland
will have to wait until another jurisdiction either gives up or loses its e-commerce zone designation
before it can acquire an e-commerce zone designation of its own.
Because Medford cannot expand its zone, Ashland's only immediate option is to join Jackson
County's enterprise zone. The attached resolution includes Ashland's three major areas of
employment land in the enterprise zone: The Croman Mill site, the Municipal Airport and the Railroad
District.
FISCAL IMPLICATIONS:
The tax breaks received by businesses in an enterprise zone constitute a direct reduction in the City's
property tax collections. However, the City presumably recovers some or all of this lost revenue when
the tax break ends and the full value of real property improvements comes back to the tax rolls.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of this request for inclusion in the Jackson County enterprise zone.
SUGGESTED MOTION:
Move approval of A Resolution Requesting That The City of Ashland Be Included In The Jackson
County Enterprise Zone and Designating Tax Lots To Be Included In The Enterprise Zone.
ATTACHMENTS:
Resolution
Page 2 of 2
OPFIJA
RESOLUTION NO. 2012-
A RESOLUTION REQUESTING THAT THE CITY OF ASHLAND BE
INCLUDED IN THE JACKSON COUNTY ENTERPRISE ZONE AND
DESIGNATING TAX LOTS TO BE INCLUDED IN THE ENTERPRISE
ZONE
RECITALS:
A. The Oregon Legislature has created the Enterprise Zone program as a means of allowing
local governments to provide property tax incentives for traded-sector business expansion.
B. Jackson County currently has an enterprise zone that includes not only lands under County
jurisdiction but the cities of Rogue River and Butte Falls as well.
C. The City of Ashland wishes to participate in the Enterprise Zone program in order to remain
competitive in its economic development efforts.
D. Joining an existing enterprise zone is more efficient and can be done in a more timely manner
than attempting to create a new, stand-alone enterprise zone
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland requests that the Jackson County Board of Commissioners
sponsor Ashland's inclusion in the Jackson County Enterprise Zone.
SECTION 2. The enterprise zone designation in Ashland shall apply only to those tax lots
shown in exhibit A, which is attached hereto
This resolution was duly PASSED and ADOPTED this day of
2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 12012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2012- Page 1 of 1
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CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Ambulance Operator's License Renewal
FROM:
John Karns, fire chief, Ashland Fire & Rescue, kamsj @ashland.or.us
SUMMARY
This is the annual renewal of the Ashland Fire and Rescue ambulance operator's license. This license
is required per AMC 6.40.110.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland Municipal Code (AMC) chapter 6.40.110 requires ambulance service providers operating
within the City of Ashland to apply annually for an ambulance operator's license. The Fire Department
has provided emergency services in Ashland since 1885. From 1926 to 1936, the Fire Department
operated the ambulance service in Ashland. In 1936 the ambulance service was sold to Litwiller
Funeral Home. The Fire Department obtained its first medical response vehicle (Rescue 9) through
community donations in 1973 and began providing first response emergency medical services to the
community. In January 1996, the City of Ashland purchased the Ashland Life Support Ambulance
Company and Ashland Fire & Rescue began providing ambulance services within a 650 sq mile
ambulance service area in south Jackson County, known as ASA III. Ambulance services in Oregon
are regulated by county governments, and within the City of Ashland they are required to obtain an
ambulance operator's license. This license is renewed on an annual basis.
FISCAL IMPLICATIONS:
The license renewal fee is $300 plus $100 per ambulance, for a total of$900. Funds are budgeted and
available.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends renewal of the Ambulance Operator's License for Ashland Fire & Rescue.
SUGGESTED MOTION:
I move to approve the annual renewal of the Ashland Fire and Rescue ambulance operator's license.
ATTACHMENTS:
Ambulance license renewal application
Page 1 of I
01FAW,
CITY OF ASHLAND
APPLICATION FOR AMBULANCE OPERATOR LICENSE
AMC Ch. 6. 6.40
2012
Applicant's Name: CITY OF ASHLAND
Trade Name, if any: ASHLAND FIRE & RESCUE
Address: 455 Siskiyou Boulevard
Ashland OR 97520
Telephone number: 541 482-2770
Ambulance descriptions Manufacturer Vin # License #
1. 1996 FORD LIFELINE 1FDKE30F8THA48282 EXEMPT
2. 1998 FORD LIFELINE 1FDXE40F2XHAO0469 EXEMPT
3. 2003 FORD LIFELINE 1FDXF47F63EA10341 EXEMPT
4. 2006 FORD LIFELINE 1FDXF47P06ED06467 EXEMPT
5. 2008 FORD LIFELINE 1FDXF47R48ED90832 EXEMPT
6. 2011 FORD LIFELINE 1FDUF4HTOBEC53861 EXEMPT
❑ Attach information showing that every proposed driver, attendant and driver-
attendant is qualified as required in Ashland Municipal Code Chapter 6.40 and as
required by the laws of the State of Oregon.
❑ Enclose with the application, the initial license fee of$300 plus $100 per ambulance.
• Enclose a performance bond in the amount of$500,000.
• Enclose an insurance policy meeting the requirements of AMC §6.40.110.7. Attach
additional pages as necessary. Explain any box not checked.
Submit your application and required enclosures to Barbara Christensen, City Recorder,
City Hall, 20 East Main Street, Ashland, Oregon 97520.
I certify that each ambulance listed above is adequate and safe for the purposes for
which it is to be used and that it is equipped as required by Ashland Municipal Code
Chapter 6.40 and the laws of the State of Oregon.
Signature:
Print name: Greg I. Case
Title: Division Chief
Date:.04-03-2012
K\Ambulance lic\City Licensing\2012\2011 lic renewal.doc
April 10, 2009
CITY OF
ASHLAND
Memo
DATE: 4-03-2012
TO: Cindy Hanks
CC: Barbara Christensen, City Recorder
FROM: Greg I. Case, Fire Dept - Division. Chief
RE: Renewal of City of Ashland Ambulance Operator License Fee
Cindy,
It is time once again for our ambulance renewal and a check must accompany our Ambulance license
renewal. Could you do an inter-departmental transfer or Check for the Ambulance Licensing Fees From
the EMS account# 110.07.13.00.604160 to the City of Ashland accounts receivable. It needs to be
included in the renewal Application for Ambulance Operators License that includes the required
certifications and documentation required by the AMC 6.40. the Chief has sent the Memo to Dave and a
Council Communication requesting ambulance license renewal and is not yet scheduled for a council
meeting. As in the past the fees and bond have just been charged to our budget—let me know if this is
still correct.
Should you need any other information please let me know and I will get it to you as soon as possible.
Thank you!
Ashland Fire 8:Rescue Tel:541 48 =,
455 Siskiyou Blvd. Fax:541-088-5318-531 8
Ashland,Oregon 97520 TTY: 800-735-2900
wwwashland.or.us _
CITY OF
ASHLAND
Council Communication
August 7, 2012 - Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Council approval of a Liquor License Application from Lisa Dunagan dba Ashland Envy at 60 E Main
Street.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a new outlet.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION:
Motion to approve liquor license for Lisa Dunagan dba Ashland Envy at 60 E. Main Street.
ATTACHMENTS:
None
Page 1 of 1
CITY OF
ASHLAND
Council Communication
August 7, 2012 - Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Council approval of a Liquor License application from James Mills dba Caldera Brewery and Public
House at 590 Clover Lane.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a new outlet.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION:
Motion to approve liquor license for James Mills dba Caldera Brewery and Public House at 590 Clover
Lane.
ATTACHMENTS:
None
Page 1 of 1
��,
CITY OF
ASHLAND
Council Communication
August 7, 2012 - Business Meeting
Appointment to Conservation Commission
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Confirm Mayor's appointment of Mami Koopman to the Conservation Commission with a term to
expire April 30, 2013.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Conservation Commission
on application received. Ashland Municipal Code(AMC) Chapter 2.17.020
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
None
SUGGESTED MOTION:
Motion to approve appointment of Marni Koopman to the Conservation Commission with a term to
expire April 30, 2013.
ATTACHMENTS:
Application received
Page 1 of I
��,
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall,20 E Main Street,or email christebCashland or us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name Marni K000man
Requesting to serve on:_Conservation Commission (Commission/Committee)
Address 1790 Homes Ave. Ashland OR 97520
Occupation—Climate Change Scientist Phone: Home 971-221-9868__
Work 541-482-4459 x303
Email mamikoopmangvahoo com
Fax
1. Education Background
What schools have you attended? UC Santa Barbara,UC Berkeley Univ.of Wyoming
What degrees do you hold? BA–Env. Studies M.S. Wildland Resource
Science Ph.D. Ecolo
What additional training or education have you had that would apply to this position?
My degree in environmental studies included many courses on energy water issues
and conservation
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
_I currently work with local communities(e g Missoula County San Luis Obispo
County,and others)to develop collaborative cross sector community-driven plans for
adapting to climate change It has provided experience working at the local government
level on difficult and contentious issues in a positive and outcome-oriented manner.
Do you feel it would be advantageous for you to have further training in this field,such
as attending conferences or seminars?Why?_ I would be interested in learning more
about energy efficiency and emissions reduction s ratrgies.
3. Interests
Why are you applying for this position? _I would like to see Ashland become a
model of sustainability and self-reliance. I would also like Ashland to remain a vibrant
and resilient place for future generations
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
—yes-
5. Additional Information
How long have you lived in this community? _3+years
Please use the space below to summarize any additional qualifications you have for this
position
I am a home owner so I have an understanding of short-term versus long-term expense_
decisions that local residents have to make when deciding whether or not to incorporate
efficiency/conservation measures into their homes In my current position as a climate
change scientist. I have been very successful in communicating a difficult and
potentially divisive issue to people of diverse backgrounds and opinions I am very_
reslectful of the diversity of viewpoints people have and feel we have a lot to learn
from each other as well as shared values.
6-23-2012
Date Signature
�r,
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Award of a Contract to the Apparent Low Bidder on the Nevada/Oak St. Sewer
Bypass Project
FROM:
Scott A. Fleury, Engineering Services Manager, Public Works Department, fleurys @ashland.or.us
SUMMARY
On July 18, 2012 at 2:00 p.m. bids submitted for the Nevada/Oak sewer bypass project were opened
and publicly read. Bids were received from Brittania Excavation and KOGAP Excavation for
$165,853.31 and $128,614.00 respectively. The bid offered by KOGAP Excavation is $13,614 over
the budgeted amount for the project; however, the city recently contracted for the wastewater inflow
and infiltration study that was $28,000 under budget and the savings can be used to cover additional
costs for this capital project.
BACKGROUND AND POLICY IMPLICATIONS:
Bidding Procedure:
The Nevada/Oak sewer bypass project was publicly bid on June 25, 2012. Project plans and
specifications were sent to several plan review centers and were included on the City's website. A
non-mandatory pre-bid meeting was held on July 10, 2012 to answer contractors' specific questions.
Three contractors were present for the meeting. Bids were opened on July 18, 2012, at 2 p.m. with two
contractors responding with bids. Both bids are valid bids containing the required bond,
documentation, and acknowledgements. Bidding information is shown on the attached proposed
summary.
Proiect Description:
The project entails abandoning the Nevada Street sewer pump station and its accompanying force
main. The City currently owns and operates eight sanitary sewer pump stations with the Nevada
Station being the oldest and the most susceptible to flood damage. The Nevada station is located just
12 feet from the east bank of Ashland Creek and is less than five feet above the creek bottom. This
station has been put out of service due to flood damage from the last three major flood events (1963,
1974 and 1997) and it continues to be susceptible to high water events.
The project will be completed in two phases, the first of which will be constructed by a private
contractor and the second by the City's wastewater collection system crew. Phase one involves the
installation of 700 linear feet of new eight-inch sanitary sewer line, appropriate hook ups of service
laterals and four new sewer manholes. Finally, a 2.5 inch asphalt patch will be constructed over the
sewer trench down Oak St.
Page 1 oft
Imi,
CITY OF
ASHLAND
Once phase one is complete, City crews will install 680 linear feet of new sewer line and abandon the
Nevada St. pump station. Per an easement agreement for installation of the new sewer line across the
Delsman property, the pump station structure will be abandoned and given to Mr. Delsman. In
addition, the abandoned pump station will be wired for a new 110 amp electrical service as part of the
terms of agreement with Mr. Delsman.
FISCAL IMPLICATIONS:
The Nevada/Oak sewer bypass project is funded directly by the City as a capital improvement project.
The bid amount is higher than the budgeted amount by $13,614; however, the City recently contracted
for a wastewater inflow and infiltration study that was $28,560 under budget and the savings can be
used to cover additional costs for this capital project.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council accept the bid and authorize the award of contract to KOGAP
Excavation in the amount of$128,614 for the Nevada/Oak sewer bypass project. Reasons for
acceptance include:
I. The bid is the lowest of two received
2. The bid is reasonably close to the project estimate of$115,000
3. The bid is a valid legal bid containing all necessary information and bond
4. A re-bid of the project would result in additional costs encumbered by the City and possibly
higher bid results
SUGGESTED MOTION:
Move to approve the bid and award of contract to KOGAP Excavation in the amount of$128,614 for
Nevada/Oak sewer bypass project.
ATTACHMENTS:
1. Summary of bids
2. Proposal and bid schedule from KOGAP Excavation
Page 2 of 2
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BID SCHEDULE
NEVADA/OAK SEWER BYPASS PROJECT
Project No. 2008-23
i UNIT
NO DESCRIPTION QTY. UNIT PRICE AMOUNT
FIGURES
iMobilization and Traffic Control
Mobilization
i for� 7�bu Snnd 0' $ o0
I Dollars 1 LS /10' 0 — /to. 000
Temporary Work Zone&Traffic Control,
Comm let�e � o� o lr
for Yltde f �o� anCl/ 9 ivy Lfv.,clrz<� $/1 Soo J/,5-06
2 Dollars I LS
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for �[� —rAot sa 0 �� ()Up $ / 000
3 Dollars 1 LS
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Construction Survey Work goo
a
for q x't J/�CI�tC/ $ yoo"() UU d
I 4 Dollars 1 LS V
Removal of Structures nd Obstructions 6o I o v
for - 1 {i tv J,c ern( $/50U /`RUC?
I 5 Doll I LS
Clearin andGrubbin 1 � /
J U
for Y✓t✓t unc rtc $ /10060 $ lIDG
I 6 Dollars I LS
Drainage and Sewers
4-Inch anitar S wer Pie
I for lyc, 9 Tvpb 7 IC� a
7 Dollars 124 LF
8 c Sans Sewer Pioe c ///;;
for r J-c, 70� 1 !4 �9, Ifc p0
8 Dollars 714 LF
Bypass-Piping /
for $ O °d 1 150o
9 Doll — 1 LS 1-506
° >
Sarum Sewer Cleanovt
for tJtvt
f--)L) drtcl po
10 Dollars 1 EA r�U U 1 UCH
24-InncchS�tor—m�Sewer Pipe U
11 Dollars 24 LF l4 1
Concrete Sanity Sewer Manholes(48-Inch) 1 _
for—I -E,V--e
I 12 Dollars 2 EA
C(tyof Ashland 18
UNIT
NO DESCRIPTION OTY• UNIT PRICE AMOUNT
FIGURES
Concrete Sanitary Sewer Manholes,Outside Drop
for �V—Olei1 I hbU Sa-�7 Lj000.0 ,/UUU, 6
13 Dollars I EA i
Concretoanitwy Sewer Manholes 60-Inch
14 Dollars ou sc 1 EA
Bases
Cold Plane Pavement Removal 0-3 Inc o
L 0ns rao �' 5 t_� f�ry�.°v
15 Dollars 916 SY
A re ate Shoulders
for >
16 Dollars 50 TON
Wearing Surfaces
Leve12 %.-Inch Dense AC Mixture n c
for < ho - � cttc TON
17 Dollars Fsf dC�ub
137
Permanent Traffic .
Lon itudinal Pavement Markin -Paint old r(o o
for c_6 nl
18 Dollars 825 LF
BASE BID TOTAL
City of Ashland 19
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Intergovernmental Agreements with Emergency Communications of Southern
Oregon to Provide Emergency Dispatch Services to Ashland
FROM:
Terry Holderness, Police Department, terry.holdemess @ashland.or.us and John Kams, Fire
Department,john.kams @ashland.or.us
SUMMARY
Request for authorization to enter into an intergovernmental agreement with Emergency
Communications of Southern Oregon (ECSO) to provide emergency dispatch services in Ashland.
BACKGROUND AND POLICY IMPLICATIONS:
The Police and Fire Departments presently contract with Emergency Communications of Southern
Oregon (ECSO) for emergency dispatch services. All Jackson County emergency services
communications are consolidated into the ECSO. There is no viable option other than ECSO available
to the city of Ashland for providing emergency dispatch services.
FISCAL IMPLICATIONS:
The cost of emergency dispatch services for the 2012/2013 budget year is $358,871.93 for the Police
Department and $162,670.07 for the Fire Department. Funds have been budgeted and approved for the
fiscal year.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Request approval for the Police and Fire Departments to enter into intergovernmental agreements with
ECSO to supply emergency dispatch services for the city of Ashland.
SUGGESTED MOTION:
I move to approve the Police and Fire Departments entering into intergovernmental agreements with
ECSO to supply emergency dispatch services for the city of Ashland.
ATTACHMENTS:
• IGA for Ashland Police Department.
• IGA for Ashland Fire and Rescue.
Page I of I
Tfcsoo
. 1 Nrr.Gli:Cr la}�I h111 Y117,t N}`!•
OI \liLIII IitN IIHI�iPS
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
TELECOMMUNICATIONS CONTRACT
This Contract is made and entered into in duplicate this -- day of
r: 20 1 L by and between EMERGENCY COMMUNICATIONS OF SOUTHERN
OREGON, an unincorporated association of governmental entities organized under ORS
Chapter 190, hereaflor'ECSO'and ASHLAND POLICE DEPARTMENT hereafter"USER'
WITNESSETH:
WHEREAS, ECSO is an association of governmental entities organized under an
Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local
I lunsdicf on' under aulhonty of ORS Chapter 403 lot the purpose of implementing a pnmary 911
Public Safety Answeung Point, hereafter "PSAP," capable of providing wireline and wireless
phase I and phase II telephone services, collectively known as "PSAP Services' received at
ECSO for the greater.lackson County area and Crater Lake National Park, and also capable of
providing emergent and non-emergent public safely radio communications and dispatch
%ervtces. to its Users collectively known as "Dispatch Services": and
WHEREAS. ECSO has a fully equipped and s(afled telecom municalions center,
hereaher'CENTER"capable of delivering PSAP Services and Dispatch Services, and
WHEREAS. USER desires that ECSO provide it aih the aforementioned services, and
i
NOW, THEREFORE. In consideration of the mutual undertakings and obligations set
Irrth herein, the parties covenant and agree ns follows
'1 Telecommunications Connectivity and Maintenance:
a) ECSO shall havo responsibility for maintenance and support of communication lines and
equipment and to contract with Owest Communications,its subsidiaries, successors or
other approved Contractors for 911 lines and equipment,and to provide for
maintenance of other equipment and software required for effective operation of file
system.
b1 ECSO Information Technology (IT)stall or agents vrili provide andlor manage the
installation, implementation, maintenance arid support of ECSO lines and equipment
necessary to transmit telephone, radio and wireless signals between the User and
ECSO. Except as provided in c)belovi.User iemalns responsible for maintenance of its
side of the telecommunications link The cost of accomplishing and maintaining this
linkage for all participating ngencies will be shared as part of the ECSO technical
operating budget.
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cl Scope
)) Respond to the User agency to trouble-Shoot and repair User's minor
equipment malfunctions, such as printers, pc's, keyboards,etc. as it pertains to
dispatch and 911 services provided by ECSO.
2) Respond to the User agency 10 Irouble•shoot and provide the IT staff as
necessary to repair Users' law and fire netv;ork servers arid wireless networks
specifically in support of police and fire services and mobile communication
lerminals as II pertains to dispatch and 911 services provided by ECSO. The
cost of any equipment to make such repairs shall be borne by the User Agency.
3) Assist with the User Agency's strategic planning for related projects which they
imay wish to pursue.
4) Provide connectivity 10 the MIDC interface with CAD.
5) Provide connectivity to the RATS interface.
6) Provide connectivity to the CNIS interface.
7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface.
8) Provide connectivity to the RIDS field reporting system.
2. Services:
a) The User shall have local control over the manner in which its calls-for-service are
processed and priorilized for dispatch by ECSO.
b) The User may only designale a particular procedure change as critical where the
change is required by court order or olher severe mitigating circumstances. ECSO
shall, to tiro extent possible. implement immediate procedures which accommodate the
change. If any such procedure is incompatible with ECSO's operating policies, ECSO
shall notify the User of the reasons therefor while still implementing the procedure. The
procedure will be implemented, to the extent possible, until such time as both parties
can mutually resolve their concerns or bring the matter before the CEO Board for review
and recommended action, The CEO Board's decision shall be deemed final and binding.
c) If ECSO and (he User cannot informally resolve any non•crilical dispute as to dispatch
procedures, either party may request that the matter be brought before the ECSO CEO
Board for resolution. If any such procedure is incompatible with ECSO's operating
policies. ECSO shall notify the User of the reasons therefor while still Implementing the
procedure. The procedure will be implemented, to the extent possible, until such time
as both parties can mutually resolve their concerns or bring the matter before the CEO
Board for review and recommended action. The CEO Board's decision shall be deemed
final and binding.
d) ECSO shall train its personnel in those User procedures and regulations which may or,
deemed necessary to provide effective service ECSO will provide orientation to User
personnel as may be requested by the User.
2
e) Scope
1) Provide PSAP Services on a 2417 basis.
2) Provide Dispatch Services 2417, including status keeping and after-hours ca11-
ouls.
3) Perform pages and notifications per User agency procedure,or upon demand
d) Perform radio and/or MDC broadcasts of administrative messages. attempts to
locale and all-points bulletins.
5) Provide law enforcement access to DMV, NCIC, LEOS and as reasonably
feasible. other Jackson County regional information systems as requested by
eligible agencies..
G) Provide for the maintenance and update of the automated Gco-file and Master
Street Address Guide.
7) Provide Phase 11 911 mapping within dispatch, and as available to MDC's.
U) Maintain back-up communications systems.
3. Duration and Amendment:
a, This Contract shall be for a period of 12 months. The Contract term will begin at
midnight on July 1. 2012. and end at midnight on .tune 30. 2013. USER agrees
to notify the CCSO CEO Board Chair, in writing, no later than June 30 of any
year for withdrawal effective July Ist of the following calendar year. Failure of
USER to so notify ECSO will result in damages not less than the withdrawing
Party's share of the Agency's annual operations costs for the next fiscal -year, as
and for liquidated damages.
b. This Contract shall be subject to amendment only by written approval of both
ECSO and USER.
a All previous contracts with USER for similar services are terminated as of the
effective date hereof.
4. User Advisory Groups:
n The Law Enforcement User Advisory Group and the FireIEMS User Advisory
Group may meet monthly, or as may be needed to review dispatch procedures
and develop common policies which will enhance mutual operations.
h. The USER shall be entitled to one voting representative on the Law and/or
Fire/ELLS User groups for the purpose of representing the USER's special
interests. service requirements and operational role within the Center,
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5. ECSO Administrative Rosponsibility:
a. ECSO shall have full authority and responsibility over hiring, training,discipline.
scheduling and assignment of personnel assigned to perform and to supervise
services provided under this Agreement. ECSO shall have full discretion and
authority tender emergent conditions to prioritize, service among conflicting service
dernands.
b. ECSO may contract to provide services to other agencies at its discretion
provided ECSO shall undertake no such obligation which has the effect of
diminishing or degrading the level of service provided to the current Users,
c The ECSO Director, or designee will comniuniCale with the User agency on a
regular basis ro ensure continuity of service,
d Scope
1) Ensure appropriate staffing levels.
i 2) Provide scheduled system performance and activity reports
3) Provide quarterly and annual performance reports.
41 Complete and maintain professional certifications.
5) Maintain State and Medical certifications.
G) Review and respond 10 in-service job performance inquiries.
7) Provide User community support,
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8. Performance Standards:
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a The CEO Board will review and approve a system for performance
mensuremenls.
7. Annual Budget Preparation:
Orate budget figures will be developed by ECSO by the end of December of cacti year.
On or aooul January 15th, the CEO Board will review and recommend modifications to
Ilia proposed budget. On or about February ISM die Intergovernmental Council will
review and recommend modifications to the proposed budget. ECSO will make the
recommended modifications and issue a preliminary budget in March. The budget will
be adopted by the CEO Board no Toter than its June meeting,
8. Financial:
a. USER shall pay ECSO the Iola[ sum of $358,871.91 in consideration of the
services outlined in Paragraph 1 above for the Conlracl Corm. This amount shall
not increase during the Contract term.
b. USER agrees to pay tho charges as prescribed at a minimum in four (4) equal
installments and duo no later than July 10, October 10, January 10 and April '10
of each contract cycle. Payments shall be made to ECSO. 400 Pech Road.
Central Point,OR 97502.
C. If the installments are paid when due, no interest shall accrue on the unpaid
balance of the Contract amount stated in a. above. but any overdue Installment
shall bear interest at one and three-quarters percent (1-/. %) per month from its
due dale.
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d. Law user rates are based on 7094 of the total budget less revenue and minimum
user fees, and fire user rates are based on 30%, of the total budget less revenue
and minimum user fees. All user rates are then calculated by use of a formula
that incorporates the population base served by the user and the assessed
valuation of each user's jurisdiction.
e. State 911 tax revenue reimbursements to ECSO shall be maintained in a
separate interest bearing fund Independent of the ECSO general fund.
9. Property:
During the term of this COnitact,.ECSO shall ensure the operation of all equipment anti
property in time CENTER as necessary to provide the services which are to be performed
under this Contract, which services shall be in compliance with Iha operating standards,
procedures, and rules adopted by ECSO.
10. Hold Harmless Clause:
The parties shall hold each other harmless and shall indemnify the other from any and
all causes of action, judgments, rsalnms, damages, or otherwise arising out of its sole
and solitary acts.
11. Default:
Upon default by USER of Ilia payrnonl leans of this Contract, said default existing for
shiny (30) days. ECSO may terminate further provision of communication services to
USER upon ten (10) day wrillen notice to cure given to USER. ECSO may also
terminate such services for default by USER of any other material term of the Contract
upon thirty (30)day written notice to cure given to USER.
12. Arbitration:
In the event a dispute arises under the terms of this Contract, the parties shall submit
the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to
arbitrate shall be given in writing to the other party. Within ten (10) business days of the
Notice of intent to Arbitrate. ECSO shall request a list of seven (7) names from the
Jackson County Court Annexed Arbitrator List. Tile patties shall alternately strike one
name Iran the list until only one name front the list remains. The USER Shall strike first.
The remaining individual shall be Ilia Arbitrator. The striking shall be conducted no
longer than ten (10) business days after receipt of the list. The rules applicable to the
arbitration 51,311 be the same as if the matter were being heard in a court annexed
arbitration proceeding in Jackson County. except to the extent such rules address
appeal or other recourse to the Court as the intent of the parties is that such arbitration
Le final and binding and the parties agree to be so bound by such decision. Each party
shall initially bear Ilse cost of arhiUation equally, provided, however, that the prevailing
party as determined by the arbitrator shall be entitled to an award by the arbilralor of its
reasonable attorney fees and costs of the arbitnlion.
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13. Savings Clause:
If, rlwima 11113 Ilerind Of this COrllract, it is determined by judicial or irbilfalion ruling nr by
mldUal 'RJr8en111111 Of 11113 pariva 0131 a specific Cruise of the Conlract is illegal under
Iuderal or slab lacy, the renlam(lef of the Conlract not afiecled thereby shall remain in
Inrr•.e
14. Notices:
Any notice required or permitted under this Contract shall be given %-then actually
delivered or forty-eight (48) hours after deposited in the Untied States Mail as ccrtihed
mail addressed to the address set forth below or to such other address as may be
specified Irom lime to time by either of the parties iii viriling.
ECSO USER:
PAERGCNCYCOMMUNICATIONS , Ir
I Of: SOUTHERN OREGON t
*100 Pech Road
Central Point. OR 97502
t5 Signators:
Sinnators to the Contract shall be:
a For ECSO: An authorized representative of ECSO.
U. For USER An authorized roprescrlrative of USER
IN WITNESS WHEREOF, the parries hcreto execute this Convict,
ECSO USER
CEO Guard. Chaittrian (Signature) --�—
Dane �V (Print Name)
Dale
APPROVED AS TO FORM:
rr 'y
t.lait;al E Ifenaull. ECSO Legal Counsel Dare —t-
G
IECS91I
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON j
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
TELECOMMUNICATIONS CONTRACT
This Contract is made and entered into in duplicate this day of
20_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN
OREGON, an unincorporated association of governmental entities organized under ORS
Chapter 190, hereafter"ECSO," and ASHLAND FIRE DEPARTMENT hereafter"USER."
i
WITNESSETH:
WHEREAS, ECSO is an association of governmental entities organized under an
Intergovernmental Agreement under the authority of ORS Chapter 190 and as a 'local
jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911
Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless
phase I and phase II telephone services, collectively known as "PSAP Services' received at
ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of
providing emergent and non-emergent public safety radio communications and dispatch
services, to its Users collectively known as "Dispatch Services"; and
WHEREAS, ECSO has a fully equipped and staffed telecommunications center,
hereafter"CENTER" capable of delivering PSAP Services and Dispatch Services, and
WHEREAS, USER desires that ECSO provide it with the aforementioned services, and
NOW, THEREFORE, in consideration of the mutual undertakings and obligations set
forth herein, the parties covenant and agree as follows:
1. Telecommunications Connectivity and Maintenance:
a) ECSO shall have responsibility for maintenance and support of communication lines and
equipment and to contract with Owest Communications, its subsidiaries, successors or
other approved Contractors for 911 lines and equipment, and to provide for
maintenance of other equipment and software required for effective operation of the
system.
b) ECSO Information Technology (IT) staff or agents will provide and/or manage the
installation, implementation, maintenance and support of ECSO lines and equipment
necessary to transmit telephone, radio and wireless signals between the User and j
ECSO. Except as provided in c) below, User remains responsible for maintenance of its
side of the telecommunications link. The cost of accomplishing and maintaining this E
linkage for all participating agencies will be shared as part of the ECSO technical
operating budget.
c) Scope
1) Respond to the User agency to trouble-shoot and repair User's minor
equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to
dispatch and 911 services provided by ECSO.
2) Respond to the User agency to trouble-shoot and provide the IT staff as
necessary to repair Users' law and fire network servers and wireless networks
specifically in support of police and fire services and mobile communication
terminals as it pertains to dispatch and 911 services provided by ECSO. The
cost of any equipment to make such repairs shall be borne by the User Agency.
3) Assist with the User Agency's strategic planning for related projects which they
may wish to pursue.
4) Provide connectivity to the MDC interface with CAD.
I
5) Provide connectivity to the RMS interface.
6) Provide connectivity to the CMS interface.
7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface.
8) Provide connectivity to the MDS field reporting system.
2. Services:
a) The User shall have local control over the manner in which its calls-for-service are I
processed and prioritized for dispatch by ECSO.
b) The User may only designate a particular procedure change as critical where the
change is required by court order or other severe mitigating circumstances. ECSO
shall, to the extent possible, implement immediate procedures which accommodate the
change. If any such procedure is incompatible with ECSO's operating policies, ECSO
shall notify the User of the reasons therefor while still implementing the procedure. The
procedure will be implemented, to the extent possible, until such time as both parties
can mutually resolve their concerns or bring the matter before the CEO Board for review
and recommended action. The CEO Board's decision shall be deemed final and binding.
c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch
procedures, either party may request that the matter be brought before the ECSO CEO
Board for resolution. If any such procedure is incompatible with ECSO's operating
policies, ECSO shall notify the User of the reasons therefor while still implementing the
procedure. The procedure will be implemented, to the extent possible, until such time
as both parties can mutually resolve their concerns or bring the matter before the CEO
Board for review and recommended action. The CEO Board's decision shall be deemed
final and binding.
d) ECSO shall train its personnel in those User procedures and regulations which may be
deemed necessary to provide effective service. ECSO will provide orientation to User
personnel as may be requested by the User.
2
e) Scope
1) Provide PSAP Services on a 24/7 basis.
2) Provide Dispatch Services 24/7, including status keeping and after-hours call-
outs.
3) Perform pages and notifications per User agency procedure, or upon demand.
4) Perform radio and/or MDC broadcasts of administrative messages, attempts to
locate and all-points bulletins.
I
5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably
feasible, other Jackson County regional information systems as requested by j
eligible agencies..
6) Provide for the maintenance and update of the automated Geo-file and Master
Street Address Guide.
7) Provide Phase 11 911 mapping within dispatch, and as available to MDC's.
8) Maintain back-up communications systems.
3. Duration and Amendment:
a. This Contract shall be for a period of 12 months. The Contract term will begin at
midnight on July 1, 2012, and end at midnight on June 30, 2013. USER agrees
to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any
year for withdrawal effective July 1st of the following calendar year. Failure of I
USER to so notify ECSO will result in damages not less than the withdrawing
party's share of the Agency's annual operations costs for the next fiscal year, as
and for liquidated damages.
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b. This Contract shall be subject to amendment only by written approval of both
ECSO and USER.
C. All previous contracts with USER for similar services are terminated as of the
effective date hereof. i
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4. User Advisory Groups:
a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory
Group may meet monthly, or as may be needed to review dispatch procedures I
and develop common policies which will enhance mutual operations. i
b. The USER shall be entitled to one voting representative on the Law and/or
Fire/EMS User groups for the purpose of representing the USER's special
interests, service requirements and operational role within the Center.
3 f
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5. ECSO Administrative Responsibility:
a. ECSO shall have full authority and responsibility over hiring, training, discipline,
scheduling and assignment of personnel assigned to perform and to supervise
services provided under this Agreement. ECSO shall have full discretion and
authority under emergent conditions to prioritize service among conflicting service
demands.
b. ECSO may contract to provide services to other agencies at its discretion
provided ECSO shall undertake no such obligation which has the effect of
diminishing or degrading the level of service provided to the current Users.
C. The ECSO Director, or designee will communicate with the User agency on a
regular basis to ensure continuity of service.
i
d. Scope
1) Ensure appropriate staffing levels.
2) Provide scheduled system performance and activity reports.
3) Provide quarterly and annual performance reports.
4) Complete and maintain professional certifications.
5) Maintain State and Medical certifications.
6) Review and respond to in-service job performance inquiries.
7) Provide User community support.
I
6. Performance Standards:
a. The CEO Board will review and approve a system for performance
measurements. f
7. Annual Budget Preparation:
Draft budget figures will be developed by ECSO by the end of December of each year.
On or about January 15th, the CEO Board will review and recommend modifications to
the proposed budget. On or about February 15th the Intergovernmental Council will
review and recommend modifications to the proposed budget. ECSO will make the
recommended modifications and issue a preliminary budget in March. The budget will .
be adopted by the CEO Board no later than its June meeting,
8. Financial:
a. USER shall pay ECSO the total sum of $162,670.07 in consideration of the
services outlined in Paragraph 1 above for the Contract term. This amount shall
not increase during the Contract term.
b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal
installments and due no later than July 10, October 10, January 10 and April 10
of each contract cycle. Payments shall be made to ECSO, 400 Pech Road,
Central Point, OR 97502.
C. If the installments are paid when due, no interest shall accrue on the unpaid
balance of the Contract amount stated in a. above, but any overdue installment
shall bear interest at one and three-quarters percent (1'/. %) per month from its
due date.
4
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d. Law user rates are based on 70% of the total budget less revenue and minimum j
user fees, and fire user rates are based on 30% of the total budget less revenue
and minimum user fees. All user rates are then calculated by use of a formula
that incorporates the population base served by the user and the assessed
valuation of each user's jurisdiction.
e. State 911 tax revenue reimbursements to ECSO shall be maintained in a
separate interest bearing fund independent of the ECSO general fund.
9. Property:
I
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During the term of this Contract, ECSO shall ensure the operation of all equipment and
property in the CENTER as necessary to provide the services which are to be performed
under this Contract, which services shall be in compliance with the operating standards,
procedures, and rules adopted by ECSO.
10. Hold Harmless Clause:
i
The parties shall hold each other harmless and shall indemnify the other from any and
all causes of action, judgments, claims, damages, or otherwise arising out of its sole
and solitary acts. I
11. Default:
Upon default by USER of the payment terms of this Contract, said default existing for
thirty (30) days, ECSO may terminate further provision of communication services to
USER upon ten (10) day written notice to cure given to USER. ECSO may also
terminate such services for default by USER of any other material term of the Contract
upon thirty (30) day written notice to cure given to USER.
12. Arbitration:
In the event a dispute arises under the terms of this Contract, the parties shall submit
the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to !
arbitrate shall be given in writing to the other party. Within ten (10) business days of the
Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the
Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one !
name from the list until only one name from the list remains. The USER shall strike first.
The remaining individual shall be the Arbitrator. The striking shall be conducted no
longer than ten (10) business days after receipt of the list. The rules applicable to the
arbitration shall be the same as if the matter were being heard in a court annexed
arbitration proceeding in Jackson County, except to the extent such rules address
appeal or other recourse to the Court as the intent of the parties is that such arbitration
be final and binding and the parties agree to be so bound by such decision. Each party
shall initially bear the cost of arbitration equally, provided, however, that the prevailing
party as determined by the arbitrator shall be entitled to an award by the arbitrator of its
reasonable attorney fees and costs of the arbitration.
5
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13. Savings Clause:
I
If, during the period of this Contract, it is determined by judicial or arbitration ruling or by
mutual agreement of the parties that a specific clause of the Contract is illegal under
federal or state law, the remainder of the Contract not affected thereby shall remain in
force.
14. Notices:
Any notice required or permitted under this Contract shall be given when actually
delivered or forty-eight (48) hours after deposited in the United States Mail as certified
mail addressed to the address set forth below or to such other address as may be
specified from time to time by either of the parties in writing.
ECSO: USER:
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
400 Pech Road
Central Point, OR 97502
I
15. Signators:
Signators to the Contract shall be:
a. For ECSO: An authorized representative of ECSO.
b. For USER: An authorized representative of USER.
IN WITNESS WHEREOF, the parties hereto execute this Contract.
ECSO" USER 1 '
CEO Board, Chairman (Signature)
Date (Print Name)
Date
APPROVED AS TO FORM:
M ial E. Henault, ECSO Legal Counsel Date
6 �
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Special Procurement — Karin Onkka, Graphic Design Services
FROM:
Rachel Dials, Recreation Superintendent, Ashland Parks and Recreation, rachel.dials @ashland.or.us
SUMMARY
This "Contract-specific Special Procurement' will allow Ashland Parks and Recreation to directly
award a contract to Karin Onkka for graphic design services. The scope of work includes specialized
graphic design, interpretive materials, and visitor services information for signs and materials made
available for and at each of the Ashland parks, including North Mountain Park Nature Center, Lithia
Park, and other outer parks within the system. The term will be August 20, 2012 through
June 30, 2013.
BACKGROUND AND POLICY IMPLICATIONS:
A Special Procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts. The attached and completed special procurement, approval request form is
attached for your review and consideration.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding(Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A—279C and the Model
Rules except for the following:
G. Special Procurements—a public contract for a class special procurement, a contract specific
procurement or both,based upon a contracting procedure that differs from procedures described in
ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to
meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 27913.085 and all other applicable
provisions of law.
FISCAL IMPLICATIONS:
Parks FY 2013 budget includes $12,000 for graphic design services.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends the"Contract-specific Special Procurement'be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract review Board, moves to approve the public contract award
for Karin Onkka, Graphic Designer.
Page 1 of 2
CITY OF
ASHLAND
ATTACHMENTS:
Form #9, Special Procurement, Request for Approval
Page 2 of 2
�r,
CITY OF
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Rachel Dials, Don Robertson, Ashland Parks and Recreation
Date: 7/23/12
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Ashland Parks and Recreation
2. Department Contact Name: Rachel Dials
3. Type of Request: Class Special Procurement X Contract-specific Special Procurement
4. Time Period Requested: From August 20,2012 To: June 30,2013
5. Total Estimated Cost: Not to exceed$12,000
6. Short title of the Procurement:
Supplies and/or Services or class of Supplies and/or Services to be acquired:
The scope of work includes specialized graphic design, interpretive materials,and visitor services
information for signs and materials made available for and at each of the Ashland parks, including__
North Mountain Park Nature Center,Lithia Park and other outer parks within the system.As more
and more tourists and locals visit our parks,the need for interpretive information,maps and signs for
self guided tours increase.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may,but is not required to,also include the
following types of documents:Notice/Advertising, Solicitation(s),Bid/Proposal Forms(s),Contract
Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: The original contract with Karin Onkka, resulted from an RFP processed in October-
December 2008 and expired June 30,2011. A total of 28 proposals were received in response to that
RFP,and the final contract was awarded to the highest ranked proposer,Karin Onkka. In addition to
requiring the extensive skills and services of a graphic designer,the interpretive materials require a
Form#9-Special Procurement-Request for Approval,Page 1 of 3,822012
specialized knowledge of our natural environment. Karin Onkka has a master's degree in
environmental education and a bachelor's degree in magazine journalism. She also has an excellent
relationship with the Parks and Recreation Department and extensive knowledge of the interpretation
needs of the department.A special procurement was approved by Council for the 2012 FY on
5/24/2011.
Proposed procedure: Special Procurement-Direct Award
8. Justification for use of Special Procurement: Describe the circumstances thatjustify the use of a
Special Procurement. Attach relevant documentation.
Karin Onkka has an excellent relationship with the Parks and Recreation Department
and understands the interpretation needs of the department. Karin will gather information and prepare
signs and materials using her environmental education background. These proiects are more than just
designing signs, it takes someone with a specialized background and knowledge of our natural
environment to create this interpretive material.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a)will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
The initial contract with Karin Onkka was the result of a formal Competitive Sealed Proposal
(RFP) process completed in December,2008. A total of 28 proposals were received and evaluated
in response to that RFP and Karin Onkka was the highest ranked proposer. Parks staff have a good
understanding of the work Karin Onkka will be providing for the department.This contract will allow
existing projects to be completed and for additional interpretive materials to be created over the next
fiscal year.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.);
and
X (b)(i)will result in substantial cost savings to the contracting agency or to the public
because:
Staff does not have the background or knowledge to create the interpretive materials that are
required for parks visitors to explore our parks system independently.
(Please provide the total estimate cost savings to be gained and the rationale for detemrining the cost savings);or
_X_(b)(ii)will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055,279B.060,279B.065,
or 279B.070,or any rules adopted thereunder because:
Karin Onkka has extensive knowledge and experience and understanding of our local natural
environment. She also has the graphic design background to create attractive interpretive materials
and visitor service brochures that will help us meet the increasing demand for more information on our
local natural environment.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this
requirement.)
Form#9-Special Procurement—Request for Approval,Page 2 of 3,8/212012
Public Notice:
Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven(7)Days before Award of the Contract.
After the Special Procurement has been approved by the City Council,the following public notice will
be posted on the City's website to allow for the seven(7)day protest period.
Date Public Notice first appeared on www.ashland.or.us—(If approved),August 8, 2012
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: August 8, 2012
A request for approval of a Special Procurement was presented to and approved by the
City Council,acting as the Local Contract Review Board,on(ffapproved)August 7, 2012
This "Contract-specific Special Procurement"was processed to seek an exemption from
the competitive bid process to directly award a contract to Karin Onkka, Graphic
Designer. The scope of work includes specialized graphic design, interpretive materials,
and visitor services information for signs and materials made available for parks
throughout our system.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts,and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055,279B.060,
279B.065,or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of Ashland,[Ashland Parks and Recreation,
Rachel Dials, and 340 S. Pioneer St. Ashland OR, 97520]. The seven(7)protest period
will expire at S:OOpm on[August 16, 2012]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form#9-Special Procurement—Request for Approval,Page 3 of 3,817]2012
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Confirmation of Mayoral Appointment of
Mark Holden as Director of Information Technology and Electric Utility
FROM:
Dave Kanner, City Administrator, kannerd @ashland.or.us
SUMMARY
The City conducted an open and competitive selection process for Director of Information Technology
and Electric Utility with the assistance of The Waters Consulting Group. Five finalists were invited to
participate in an intensive two-day interview and selection process. Portland resident Mark Holden,
who most recently served as general manager/CEO of Quantum Communications in Redmond, OR,
was selected for the position because of his diverse experience and track record as a planner,
implementer, leader and change agent in information technology, telecommunications and electric
utilities.
BACKGROUND AND POLICY IMPLICATIONS:
The Director of Information Technology and Electric Utility is a newly created position that combines
leadership of the City's Information Technology and Electric Departments, along with Ashland Fiber
Network into a single position. The position requires an individual with a rare combination of skills
and experience. Fortunately, a national recruitment drew an application from Mark Holden who, in an
intensive two-day interview process, clearly demonstrated that he possesses these skills and the
required experience.
Mark's background is filled with awards and accomplishments. A few highlights include:
• Serving as the Information Systems Manager and Marketing Research Analyst 111, for
Tektronix, Inc., where he was responsible for several significant technology upgrades.
• As the Chief Information Officer for Central Electric Cooperative, Inc., Mark was a key senior
staff member who contributed significantly to operation and business decisions. He is credited
with modernizing services and recovering$1 million in revenue by directing an outside plant
inventory.
• As the CEO of LigntSpeed Networks Inc., in Portland, Oregon Mark reorganized, refocused
and turned the company around by implementing a new business plan and right-sizing budgets.
• While serving as the general manager of Quantum Communications, LLC, in Redmond,
Oregon, he led the company from concept to a growing entity that saw an increase in revenue
each year from 2001-2006.
Mark's experience was a close match for the unique skill-set the City was seeking to head the
Information Technology and Electric Departments, while bringing new and innovative ideas to AFN.
Page 1 of 2
�r,
CITY OF
ASHLAND
Mark and his wife have spent many years in Central Oregon and currently reside in Portland. They
both look forward to moving to a community and a climate that matches up with their personal
interests. Mark is excited to begin work with the City of Ashland on September 4, 2012.
FISCAL IMPLICATIONS:
Funds are budgeted and appropriated in FY 2013 for this position.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council confirm the Mayor's appointment of Mark Holden as Director of
Information Technology and Electric Utility.
SUGGESTED MOTIONS:
I move approval of the appointment of Mark Holden as Director of Information Technology and
Electric Utility.
ATTACHMENTS:
Employment Contract
Page 2 of 2
r CITY OF ASHLAND ; 3
Employment Agreement ,
* irk •- .
Director of Information Technology and Electric Utility,'
,
THIS AGREEMENT, made and entered Into this_LIE day of August 2012'by and : t
between the City of Ashland ("pity*)and Mark J. Holden ('Employee°).
3 : . : ,.. RECITALS
X . City desires to employ the services of Employee as the Director of Information ,
• ;•, Technology and Electric Utility of the City of Ashland; and,
` B. It is the desire of the City to establish certain conditions of employment for
Employee; and,
C. R is the desire of the City to (1)secure and retain the services of Employee and
to provide inducement for Employee to remain in such employment, (2)to make
possible full work productivity by assuming Employee's morale and peace of
mind with respect to future security, (3)to act as a deterrent against malfeasance
or dishonesty for personal gain on the part of Employee; and, (4)to provide a just
means for terminating Employee's services at such time as Employee may be .
unable fully to discharge Employee's duties due to disability or.when City may
otherwise desire to terminate Employee's services; and,
D. Employee desires to accept employment as Director of Information-Technology
and Electric Util' of the City of Ashland, and to begin his employment
a 2012.
,. City and Employee agree as follows:
'3 Section 1. Duties
The City hereby agrees to employ Mark Holden
as the Director of Information
Technology and Electric Utility of the City of Ashland to perform the functions and duties.
specified.in the City Charter, City Ordinances, and the job description for the position,
and to:perfomi such other legally and ethically permissible and proper duties and i
i :.functions as the Mayor and/or City Council shell,from'time to time assign: The Director
` of Information Technology and Electric Utility shall devote full time to the performe ce of - Q >,
�. ,,',t•, > .:his duties 1,^' .; , .. . _ f,: r; ^,_ ..i
Section 2 Term.v •f' 1 '1 ,. r 2ti t, ,r - >S,4 XJ'.
X- A Nothing In this,agreement'shall prevent,limit, or,otherwise interfere with the r6' F "
a u of the;Mayor,;,Ah the consent of the City Councii in eccmdance wrth the.City
Charter,fromterminating the services of the Dire ctor•ofalnforrnation Technology` t
w
sand ElectricUtlifty at any t m
ie, au'bject onyr;td the:provisions set forthin the=
1 '
N's{ c''z Lz 1' :y },i.'�h a✓f s}• � .ryb ` t f �' �.. H'A'S:. i "+.r, ,,L. .. :!r� > �J+�/f..
-
t4 , /�S 1
'jY{7 n ti
a /}FMS. ;' x+6 .*. � y; - $q 1"f `' t y '�. / 1 F.. d. _ �, •7 ,. -.:'% s•
t v. section titled 'Severance pay`of this agreement.;Except as specifically provided
r: in this,
Agreement, Employee shall serve at the pleasure of the City;without any
requirement to demonstrate cause.for dismissal.
j
'B- in this agreement shall prevent, limit, or otherwise interfere with the right
of the Employee to resign at any time from his position with the City, subject only
to the provisions of this agreement.
C:. '' Employee agrees to remain In the employ of the City until September 4, 2015,
and neither to accept other employment nor to become employed by any other
` employer until this termination date, unless the termination date is affected as
otherwise provided in this agreement This provision shall not restrict Employee
from using vacation or personal leave for teaching„consulting or other activities
Provided these activities do not conflict with the regular duties of the Employee
and are approved in writing by the City Administrator.
D.. In the event written notice is'not given by either party to terminate this agreement
at least ninety(90)days prior to the termination date, this agreement shall be
extended for successive three-year'periods on the same terms and conditions
provided herein.
E. In the event Employee wishes to voluntarily resign the position during the term of
this agreement, Employee shall be required to give the City thirty (30)days
written notice of such intention, unless such notice is waived by the Mayor, with
consent of the City Council. Employee will cooperate in every way with the
'• smooth and normal transfer to the newly appointed individual.
8ecdon 3 Salary• '
Beginning September 4, 2012, City agrees to pay Employee a monthly salary at step C
of the salary schedule($8,312.42(month). Employee will advance to the next step
($8,728.03)after one year of successful performance as determined by the City
Administrator. The City agrees to annually increase the monthly salary and/or benefits
in the same percentage as may be accorded other department heads.
• Section& Performance EvaluaWn.
The City Administrator shall xeview and evaluate the performance of the employee at
least once annually. Employee shall receive a written copy of the performance `
' evaluation and be provided an adequate opportunity for the employee to discuss the
r 'details'of the evaluation.:':
Section 8a.Hours of work
ri 4i
It is recognized thatfmployee,must devote a greaf deal`of,tlme outside the io'Mal office "ry
loursio,the business'of the City, and to`that"end"Employee-willbe allowed,to take z
` compensatory tirrie:tiif as Employee shall'deem appropriate during ltonmal otiioe houre, `r
f y u s
'Id.ng as the business of the City Is,not adversely affected:-Work In excess of forty.
hours,perweek Is deemed part of;ttie profeselonal responsibility,for which theaY
q fit Empl°yee shall not be paid overtime In recognition of the extra hours re��lrrid of the ,
Director of Information Technology and Electric Utility, Empi6yee'shall recetve.fbr (40), ' c'
y y
`l f: tf.
rk h' N'R i r �i Y RT ,-• I Y f'.+' `r i '� '4 a. 1 ' 1 �'• r`' � :� ;
Fr' ty''� 1 iii ' r 5 ,fit• j r1.t�y`Y�„ r �,� = r� w t, .?to "a�
ti r 'i.� f krk L-'-4�«�T,A, �1�'� ••r '�K, rC'r + R ', r��i'i•n...r r � r ft u3 txA -,�i' y . . Y r r Smart%ri H r `�.
4h
administrative 16590-each'YearId.be'used 7before June 30or deemed T01FelleW.
�h
Olic6ble.cfty
{Employee Will hidelve additional admirilstratW186ve eac year.per api
t6s6lutid6of6rdinince. '77
1, 1 , 1
-&�A:utom6bIle.
T;
tryiploy0b 9 du' ties-requiwthat-Employee shall Wave the useof a motor vehidwat-'ail
,
times d6dng:ernoldyment withthe City..•The City shall provide an,automobile allowance
0,00/rhonthfor the ye
'use,of,said.automobile for travel.' Emplo ishallbe'
''responsible for'pa ying for insurance, operation. maintenance and repairs of the vehicle: -
67.-Health;Vilielfirill'and Retirement
"Except as I-mo'difiedby.'tfils agreement, Employee shall be entitled to receive the same
is n and other fringe benefits and working
retirement, vacation;sick leave benefits holidays,
conditions'as they nowexist or may be amended in the future, as apply to.any other :
int head;as spelled out in the applicable city policy,resolution or ordinance in
addition,to any benefits enumerated specifically for the benefit of Employee as proi tided
in this agreement. Additionally, the City will provide�e (40) hours:of vacation at the
Employee's first day of Work, and 5eigW(40) hours of sick leave::-
"_
Will. Dues and Subscrilptionsf
Cityagrees to budget and to pay for the professional dues and subscriptions of
yee necessary for the continuation and full participation in national, regional, state
and.1 caVass6ditioris and organizations:necessary and desirable for Employee's
continued professional, growth and advancement, and for the good of the City.
Section 9 , P6Asslonal Development
The(City)hereby agrees tioyiiinuAlly budget•and allocate'suiTicieint funds to pay
necessary travel and living expenses of the.Director ofInformation T6chnology.and'.
ILIUM at conferences, tra
y while he represents the City, inings, officia[business .
gi,or professional orginizatioAsAha"Userver the City's interest and/or I are
reasonably necessary to pr6idd for the iii�fisi�i6h'al.'aFd%;anceineht'cyf the Director Of
ation embership on any national or state
gyandb�ctilcbVilty.'-*
commission-or committee shill be subject to the approval of the City Administrato
r
)n 10.' Pi6t"ilonal'!LWIAW':
-TWCltyagrees.that jt*shdll defend; hold harmless, and indemnify the Dire6tor`U'V':'
Utility'from all demands, claims, sditi;-4cti6ns,,
,�,omiss ontin,le0al-066eed!
set!
rm
COMA
lab &,�i4bidh4btill --;in hi-W individual 6d
mationIechnolog ity,
n
"7V't capacity;W I . W �,t� .1. d1dty;or'inWi
t'th6 Director of Information T-e-chnol
,proVIdecfthd pidenvaroseWhileg
y was acUngwithin,the scope of his employment. fjnthegoo faith
'ct aid
&.4nd,Electric,
rsclor-of!lfifdftbtlon,.Tqchn6ld
Wilt conflict 0 ict eidsts as
'�% th6IdWnse-&Ian kh'clairri'W"66IN ,legal 1,p. and the
16
hyU _OSrd6h;bf;tW* -Dl
act d
d IUtllft'�he,,,'m- ay9nga-
unseVin,which e
} r City shall indemnify the Director ge counsel
Utility
4m. 'NJ,
r section 11 Severance Pay
in the event Employee is dismissed during the term of this Agreement, and,
Employea is not being disMissecl for any reason set forth in paragraphs B or C of
this section,the City agrees to:offer Employee a severance agreement:. The
i` amount of severance pay to be offered to Employee in the severance agreement
r shat be equal to the employee's monthly base salary at the time of dismissal;
times the number of months that employee has been employed up to a maximum
of six(6)months.
In addition,the severance agreement offered to the employee will require the
City to continue to pay the employer portion of the premium for medical and.
dental insurance coverage through the end of the month the Employee's
severance pay is intended to cover or until the last day of the month in which
Employee obtains employment with alternative insurance whichever occurs
earlier.
As a condition of the severance offer,the Employee will be required to release
the City, its officers, representatives, insurers, and employees from claims arising
from employment with the City and separation of employment:
B: Employee will not be eligible to receive the severance offer described in,
Paragraph A of this section if this Agreement is not renewed by the City, as
provided in Section 2, above. Employee also will not be eligible to receive the
severance agreement offer if Employee breaches any provision of this.
agreement,or if Employee engages in any act of misconduct in the performance.
Of duties on behalf of the City. The term'misconduct" includes misappropriation;
dishonesty, breach of trust, insubordination, neglect of duty, failure to perform
duties in a manner that is consistent with applicable law, failure to correct.
performance deficiencies identified in writing;by the City Council after a
reasonable opportunity, awdetermined by the City, to correct the deficiencies;'
commitOirrg any violation of City policies or standards that the City deems a
serious violation* or engaging in,other action demonstrating a disregard for the
interest of the City. The term WsconducP also includes engaging In criminal
acts or other of-duty behavior that the City views as Impairing the.Employee's: . s' "
ability.to effectively perform.the Employee's duties'or jeopardize the reputation
'of
the City.'
C; Employee will'not be eligible to receive the severance offer descdbed'in
` Pa agraph,A of this Section`if Employee;an accordance,wlth applicable law, is:. t
T = ,diamssed due to a'disability that prevents Employee from performing.the duties,`` ✓ s
x Of the pOBtion: y r
t
.� de" x �.n ♦ fj. e - . i. N .: q .. 4 $ 1. +? .� �( . x
Section 7X51'C harTenns and Conditions otfinployment r •'z� 4'
f N`,
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N. -
S+1P,t et#�=1 i r,�i 3 !'S ''. i , rLY Orr �s'!' .Y T� '. xs j rc s�. �, �! vt ) �.� `Mx 1. ..' i=pr,�: .SS n �i•�y^Ie yt �
3 } Yt J2 p ✓e9r y', r/i n!�
i �"s� J.� � C -,� St� ,i>�t..^m,�,q,J'7; Ca J n i J ! , �YY � } 9 e �_ ♦ S y�'.i t1"i5` .. , .�F•S Y E r
r [)'k +, t :9# Nt +a .e tt7- f t t F '. s„ 'i.w4 etr»S'4'+ ( t� w'. s Sf11.1 sYi.7� "" s £. ',T f ♦,.
.t n' n'% rt vyy, s :1 �{ e.' �t x - S i t(M1 � _5t f T k$ y r. L•♦
r � •u
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yCity shall by amendments to this agreement fix such other terms and conditions of
employment from`time to time, as it;may.deterrnine;relating to the performance by'
'Eniployeemith the;agreement of.Employee, provided such terrri's;end conditions are not
a
inconsistent or in conflict with'the provisions of this agreement.,
Section 13. 'Moving 44d Relocation.Expenses
' A: The.City will pay expenses associated with moving Employee's househoid.to,
Ashland. The City asks the Employee to obtain three (3)written quotes for this
move and will pay actual cost of the move in an amount not to exceed $10,000.
-Moving expenses include packing, moving, storage costs, unpacking, and Y
• s. insurance charges for moving and storing Employee's household goods.•Moving'
`expenses also include actual lodging and meal expenses and mileage costs for
moving two personal automobiles and shall be reimbursed at the current IRS
allowable rate while the.employee is in transit. Moving expenses shall also
include actual lodging, meal expenses, and mileage(or airfare)for up to two
visits to Ashland for the Employee and family for purpose of securing a
permanent residence. Finally, moving expenses may also include the actual
costs for employee of securing temporary housing, prior to moving into
permanent housing, for up to six months.
B. In the event that Employee resigns from this position or is terminated for reasons
described in paragraphs 11.B or 11.0 within 12 months of September 4, 2012,
Employee shall repay the City 50% of the actual moving expenses paid under
paragraph 13.A. .In the event Employee resigns or is terminated (under
paragraphs 11.8 or 11.C)after serving for more than 12 months but less than 24
`months, Employee shall repay the City 25%of the actual moving expenses paid
under paragraph 13A
' Section 15. Severability.
' If arty part, tens, or provision of this agreement is held by the courts to be illegal or in
conflict with the laws of the State of Oregon, the validity of the remaining portions of the
agreement shall not be affected and the.rights and obligations of the parties shall be
construed and enforced as if the agreement did not contain the particular part, term, or .
>,Provision:
' _.Section l8. Other Tenn*and Conditions of Employment,
The Employee is subject to all personnel policies of the City of the City and the City's` 3
4
•Management Resolution except to the extent that they are Inconsistent with'an
ei pressed'tenn, this agreement.
t 4
Becton 17. PERS Plck-up
e= H 5 Employee contnbutrons�to the Public Employees' Retirement system (PERS) sfiailbe
<'picked up' by the City Employee shall not have the option of receiving mon y
' desgnated;for retirement co itributions,and directly making the c6 n6 lon to PERS.,,
Kati ¢ Employee`s reported salary for�tax purposes shall be reduced by the amount of the X;,
'° �, �',. .emrnployee'sgoontributionytoPERS' , cr ; ,'. r '° '" �. ,F � � � �•
�tl r�•t ;: y t 4.1x 'r t, • eF sy` y,•,,, a,' � ' � +: h,� .. 6 r.s 'dins A' �. 5' r a,? 17 �.
3 ` ' s Section 19.^Complets`Agreement - t �' r K' , {} K,
t� L.t 1�.'2. r 1 r i r. r Ti 4 r� y� 't .� •+ x. .`F p S ` .� �4.fi y, -k ^+,9}.•
t t U � r x•`- tt Y,y.S,1} rst T r `f ti. dy L t�N i 4 r.`, a 4 r M ! i�k
{.. y,Y *M t i �) Tfr.*a1i :'l b r f 1 h{j . k� f x J ^ '�, � N l� }••n. �? r•l�y.t
� � v iF f✓�. .h i x° " >, $ 4 � � i li �•r�,>a�.' 4 4A , 1
iF s ; '�f i het., iy: .�a„L ;,�'t�4 ) .+. r 4 u �t .• ,st r [ �f.. „y,"k1 i` 1. x i t ry � : v. v.' 1-u i•�✓' ii''.
. ... ,. ...YS,�? _� ,) �.� .S'. �. ,i .,1.. 7�.r, 1.@�', b 5. ..'•.n r ,:-T.- ... ,ta .. •`,•�! �.re.
K
k This agreement shall constitute the entire.agreement between the City and Employee ,
z and supersedes all prior agreements, representations and understandings between
them. ':No supplement, modification or amendment of this Agreement shall be binding on,
the Clty unless it is set forth in a writing that is signed by the Mayor-and approved by,the ,
City Council: Likewise; no waiver or any provision of this Agreement shall be valid
f unless set forth in writing that is signed by the Mayor and approved by the City Council. ;
•Dated this day of August 2012 a
Barbara Christensen John Stromberg
City Recorder Mayor
Accepted this L day of August 2012
Mark J.Ho
.l t
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7`F£ �.�{4. ] F 1 l� 1g v n 1 0 1_ Y 's 4f•.. _ ,3 i••h ! , y t - E .^ T
t Z t *' 7i'�"t _,5 f T ,.. $. 4 ,. t r. �'� :' t r� aJ ]r `]��' �,r .. '. £r! �• �
iZitr ':t 1jA t 2 at t 1 t,�.. �1 i 1 ^A r ., , , ]• f i k - y r '$.
�.J.1 Y�' rJ h i R..r ! �]�5'r 13. ] 4 r r� MN �:� rf 1 1 .>•1 ! r.;
mot.. ... n.. .c ,]. •!- a• r i ._-... 1{F. ... .. ! 1 i - . :.6.,_, .t F_a ..e:`
CITY OF
ASHLAND
Council Communication
August 7, 2012 business meeting
Intergovernmental Agreement between Jackson County and
City of Ashland and funding for Sobering Unit Services
FROM:
Chief Terry Holderness, holdernet @ashland.or.us
SUMMARY
Jackson County operates a sobering unit in the City of Medford for intoxicated persons. The Police
Department has contracted annually since 2003 with Jackson County to use the sobering unit to lodge
intoxicated persons. The amount paid annually by the City of Ashland for this sobering unit service in .
recent years has been $5300 and is proposed to be the same for 2012-2013.
BACKGROUND AND POLICY IMPLICATIONS
This cooperative arrangement for sharing of the facility and provision of services has worked smoothly
over the years and benefited both the County and Ashland at a modest cost.
FISCAL IMPLICATIONS:
N/A. The cost of this agreement is included in the police department budget.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the City Council approve the funding the "Intergovernmental Agreement
between Jackson County and City of Ashland for Sobering Unit Services.
SUGGESTED MOTION:
I move to approve the Intergovernmental Agreement between Jackson County and City of Ashland,
and funding of$5,300 to Jackson County for sobering unit services for 2012-2013, and authorize City
Administrator to sign the agreement.
ATTACHMENTS:
Proposed IGA
Page 1 of 1
INTERGOVERNMENTAL AGREEMENT BETWEEN
JACKSON COUNTY AND THE CITY OF ASHLAND
THIS IS AN AGREEMENT entered into by the City of Ashland (Ashland) and Jackson County
(County). This agreement shall be effective July 1, 2012 and expire June 30, 2013.
A. STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled
INTERNGOVERNMENTAL COOPERATION, the County is authorized to enter into a written
agreement with any other unit of local government for the performance of any or all functions
or activities that a party to the agreement has authority to perform. By acceptance of this
agreement Ashland certifies that it meets the above criteria for eligibility for such cooperation
with the County.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local
government, consolidated department, intergovernmental entity or administrative officers
designed herein to perform specified functions or activities is vested with all powers, rights and
duties relating those functions and activities that are vested by law in each separate party to
the agreement, its officers and agencies.
B. BACKGROUND
County funds a sobering unit at 338 N. Front Street, Medford, Oregon. Ashland has requested
to use said sobering unit services. County is willing to offer use of the services on the terms set
forth herein.
COOPERATION AND SERVICES TO BE PERFORMED
1. County will continue to either operate or subcontract for the operations of the sobering
unit at the site indicated twenty four hours a day, seven days a week for the period July 1, 2012
through June 30, 2013.
2. Ashland shall pay County$5,300 total f the period July 1, 2012—June 30, 2013 to use
County's sobering unit services. Payment is a lump sum amount; it is not a per capita rate.
Payment in full shall be due no laterthan September 30, 2013. Upon Ashland's request, County
shall submit an invoice to tender payment in the amount requested.
3. Ashland,through its police department, shall transport individuals in its custody to the
sobering unit site. County will hold such individuals and release them according to standard
protocol.
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 1
4. Ashland shall comply with all applicable confidentiality laws, including but not limited to
ORS 179.505, Health Insurance Portability and Accounting Act and 42 USC 290dd-2.
5. INDEMNIFICATION
Ashland shall indemnify, hold harmless and defend County, and pay for, any claims
relating to the negligent acts or omissions of its employees, agents, or officers related to taking
into custody8 and transporting individuals to the County sobering unit.
6. APPROPRIATIONS FOR FUNDING
Notwithstanding any other provision of the Agreement to the contrary, in the event
insufficient funds are appropriated for performing this Agreement, and the County has not
other lawfully available funds, County may terminate this Agreement at the end of its current
fiscal year, with no further liability or penalty to Ashland. County shall deliver written notice to
Ashland of such termination pursuant to the terms set forth in section 7.
7. RENEWAL AND TERMINATION
7.1. Renewal. The parties may renew this Agreement annually for up to five (5) additional
years without further approval by the Ashland City Council provided (1)the Agreement has not
been terminated as provided below and neither party is in breach of the Agreement; (2) each
yearly renewal is documented in a writing signed by the Ashland City Administrator and an
authorized representative of the County; and (3) the services to be provided by the County and
the funding to be provided by Ashland remain substantially the same.
7.2. Termination by Mutual Consent. This Agreement may be terminated at any time by
mutual consent of both parties.
7.3. Termination For Cause. County may terminate or modify this Agreement in whole or in
part, effective upon delivery of written notice to Ashland or at such later date as may be
established by County if County funding from federal, state, or other source is not obtained or
continued at current levels of services.
7.4. Termination For Breach. Either County or Ashland may terminate this contract in the
event of a breach of the Agreement by the other. Prior to such termination the party seeking
termination shall give to the other party written notice of the breach and intent to terminate. If
the party committing the breach has not entirely cured the breach within 15 days of the date of
the notice, or within such other period as the party giving the notice may authorize or require,
then the contract may be terminated at any time thereafter by a written notice of termination
by the party giving notice.
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 2
8. CONSTRUCTION MODIFICATION
This Agreement may not be amended, changed or modified in any way, except by written
agreement signed by all parties. This Agreement constitutes the entire agreement between the
parties and supersedes any and all prior oral or written express and/or implied statements,
negotiations or agreements between parties, except as otherwise noted herein. This
Agreement shall become effective only upon the signature of all parties.
Each party, by signature below of its' authorized representative, hereby acknowledges that it
has read this agreement,understands it and agrees to be bound by it. Each person signing this
agreement represents and warrants she or he has the authority to execute it.
CITY OF ASHLAND JACKSON COUNTY
By: By:
Title: Title:
Date: Date:
Approved as to Form
Ashland City Attorney
INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND CITY OF ASHLAND Page 3
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
First reading of an ordinance amending Section 18.32.025 of the Ashland
Land Use Ordinance to provide for the relocation or redevelopment of four
financial institutions' existing, non-conforming drive-up uses
in Ashland's Historic Interest Area.
FROM:
Derek Severson, Associate Planner, derek.severson @ashland.or.us
SUMMARY
Ashland's land-use code limits the number of drive-up windows allowed in the city and establishes the
four existing drive-up uses in the City's Historic Interest Area as legal, non-conforming uses. This
land use ordinance amendment, proposed by the Ashland Food Co-op, would allow existing drive-up
uses in the Historic Interest Area to relocate to a new site elsewhere in the C-1 or C-I-D zoned
portions of the Historic Interest Area provided they were located predominantly underground or
otherwise screened from the view from the public right of way. The Planning Commission approved
this proposed change, but with a number of modifications to minimize adverse impacts of drive-up
uses.
BACKGROUND AND POLICY IMPLICATIONS:
The original Transportation Element of Ashland's Comprehensive Plan, adopted in 1982, included a
policy discouraging drive-up windows to limit fuel consumption and air pollution associated with
vehicle idling at drive-ups. In keeping with this policy, in 1984 the city adopted Ordinance#2313
which defined a drive-up use as "any establishment which by design, physical facilities, service or by
packaging procedures encourages or permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles," set standards for the development of drive-up
uses, required Conditional Use Permits for the approval of drive-up uses, and limited the total number
of drive-up uses in the city to the 12 in place on July 1, 1984 plus one additional drive-up use for each
additional 1,250 persons added to the state-certified population census for the city. As part of that
ordinance, drive-up uses were prohibited in Ashland's Historic Interest Area, which is defined in the
Comprehensive Plan as the four National Register of Historic Places-listed historic districts. This
rendered the existing drive-up uses within the Historic Interest Area as legal non-conforming uses.
In 1992, Ordinance 42688 further amended the regulations, making drive-up uses a Special Permitted
Use rather than a Conditional Use, and limiting the number of drive-up uses allowed in the city to the
12 that were in place on July 1, 1984 with no allowance to increase this number with increased
population. The ordinance also provided for the transfer of those 12 drive-up uses between users and
locations, subject to the requirements of the Ordinance. The 12 current approved drive-up permit
holders are:
1. 250-300 N. Pioneer St./Umpqua Bank (Historic Interest Area/Zoned E-1)
Page I of 5
CITY OF
-ASH LAN D
2. 67 E. Main St.Mells Fargo Bank (Historic Interest Area)
3. 30 N. Second St./U.S. Bank (Historic Interest Area)
4. 243 E. Main St./Chase Bank (Historic Interest Area)
5. 2290 Ashland St./Taco Bell
6, 2235 Ashland St./Premier West Bank
7. 2280 Ashland St./Bi-Mart Pharmacy
8. 1652 Ashland St./Dutch Bros.
9. 1500 Siskiyou Blvd./People's Bank
10. 1624 Ashland St./Wendy's
11. 512 Walker Ave./Sterling Savings Bank
12. Inactive(Was McDonalds', now reportedly Rogue Federal Credit Union)
Of the 12 existing drive-up permits, all four of those in the Historic Interest Area are financial
institutions. In reviewing the historic district survey descriptions of these properties, staff noted that
none of the buildings were contributing resources in their districts, and several of the descriptions cite
the buildings' relationships to the sidewalk or streetscape, or site planning to accommodate drive-up
use, as key factors in their lacking compatibility with the historic character of the district.
The revised Transportation Element of the Comprehensive Plan adopted in 1996 no longer contains an
explicit policy discouraging drive-up uses, since it was unnecessary due to the ordinance already in
place to limit these uses. The Comprehensive Plan and implementing ordinances encourage the
community to develop at a human scale with a balanced approach to transportation rather than taking a
more auto-centric approach, and adopted design standards seek to create a richer pedestrian
environment by minimizing, carefully placing and screening parking areas and driveways while
emphasizing a high standard of urban design and a strong relationship between buildings and the
pedestrian streetscape. City standards and requirements place special emphasis on the Historic Interest
Areas, and particularly the downtown with the removal of off-street parking requirements, additional
design standards for historic districts in general and the downtown in particular, and the prohibition on
drive-up's in the Historic Interest Area all working to give priority to the creation of a pedestrian
friendly environment with a continuous storefront streetscape at the sidewalk. Section VI.J.6 of the
Downtown Design Standards emphasizes that, "Uses which are exclusively automotive such as service
stations, drive-up windows, auto sales, and tire stores are discouraged in the downtown. The City
shall use its discretionary powers, such as Conditional Use Permits, to deny new uses, although
improvements to existingfacilities may be permitted."
The Legislative Amendment, proposed by the Ashland Food Co-Op as applicant, would change the
existing land use regulations prohibiting drive-up uses in the Historic Interest Area, which consists of
the four National Register of Historic Places-listed historic districts. As initially proposed, the
amendment would have simply added exception language to allow existing drive-up uses within the
Historic Interest Area to relocate to a new site elsewhere within the C-1 or C-1-D zoned portions of the
Historic Interest Area provided that they were located "predominantly underground or otherwise
screened from view from the public right-of-way."
The application explains that the amendment proposal is being made by Ashland Food Co-op as
applicant, noting that both the Co-op and-its neighbor Umpqua Bank are keenly aware of parking
challenges at their sites. The Co-op would like to pursue the purchase of the adjacent bank property to
Page 2 of 5
IrM
CITY OF
ASHLAND
expand their building and add parking, however the bank wishes to remain in the Historic Interest Area
near the downtown and to keep a drive-up window for its customers. As currently regulated, the bank
could not relocate elsehwhere in the Historic Interest Area without a Variance, and any modification to
the existing drive-up use on the current site would be subject to a Conditional Use Permit for
modification of the existing non-conforming drive-up use.
The applicants assert that the current prohibition on new drive-up uses in the Historic Interest Area
combined with the non-conforming status of the four existing drive-up uses in the area, and the
resultant requirement that these uses obtain discretionary approvals (i.e. Conditional Use Permits or
Variances) for any modification of their non-conforming uses serve to prevent upgrades to or
redevelopment of these sites, as the financial institutions holding the existing drive-up permits are
inherently risk-averse and unwilling to move forward with costly projects when their outcomes are
uncertain and subject to signficant levels of discretion. The application suggests that the proposed
code amendment would facilitate more serious discussions between the Ashland Food Co-op and
Umpqua Bank by removing one of the perceived barriers to the Co-op acquiring the bank's property to
better address parking in their vicinity. More broadly, the application suggests that in removing the
perceived barrier posed by having to obtain Conditional Use Permit approval to redevelop, the
requested ordinance changes could facilitate the redevelopment of the sites of current drive-up uses in
a manner more in keeping with current design standards while at the same time minimizing the impacts
of the relocated drive-up uses to the Historic Interest Area. During testimony at the Planning
Commission hearings in May and June, opponents to the requested amendment argued that the barrier
posed by requiring Conditional Use Permit approval was by design, and was intended to encourage
these drive-up uses to relocate outside of the Historic Interest Area over time.
In considering the requested amendment, the Planning Commission recognized the potential benefit
that could arise from the proposal in allowing the four existing drive-up uses in the Historic Interest
Area to relocate and thereby opening the possibility for redevelopment of their current sites according
to current standards, however the Commission felt strongly that any lessening of the current
prohibition needed to carefully consider potential adverse impacts to the built environment and
pedestrian-friendly, human-scale character of the National Register of Historic Places-listed Historic
Interest Area. The Commission ultimately recommended that if the four drive-up uses are to be
allowed to relocate without the discretionary consideration of a Conditional Use Permit as proposed,
the proposed ordinance amendment should be modified beyond the initial proposal of the applicant in
order to minimize the adverse impacts that the current prohibition on drive-up uses in the Historic
Interest Area was enacted to avoid with the addition of the following performance standards and
design requirements:
• That relocation of the four existing drive-up uses or redevelopment of their existing
sites in the Historic Interest Area (HIA) be allowed as a"Special Permitted Use" within
the C-1 and C-1-D zoned portions of the HIA subject to "Type II" Site Review.
• That regardless of the number of drive-up windows/lanes in use in the current drive-up
location, with relocation or redevelopment under this amendment the number of
windows/lanes be reduced to one.
• That existing approved drive-up uses not currently in use in the HIA would continue to
be unable to be transferred into the HIA. Relocation of the existing uses or
redevelopment of existing sites in the HIA would be limited to the four existing
financial institutions; all other uses would remain subject to existing regulations within
Page 3 of 5
CITY OF
ASHLAND
the HIA.
• That with relocation or redevelopment, drive-up uses may only be placed on a non-
street (other than an alley) facing secondary building elevation, and only accessed from
an alley or driveway.
• That drive-up uses be clearly defined, and that this definition include all drive-up
components (i.e. the kiosk, canopy or other structures, window, driveway and queuing
lane). All components of a drive-up use shall be removed from the building/site within
60 days of discontinuation of the use through transfer, relocation or redevelopment.
• That driveways serving relocated drive-up uses may not enter from or exit to a higher
order street frontage or through a primary elevation of the building, and that there is to
be no placement of driveways or queuing lanes between a building and the right-of-way
other than an alley.
• That no demolition of or exterior change to buildings considered to be historic resources
be allowed to in order to accommodate the relocation of a drive-up use or
redevelopment of its site through this amendment.
• That a ministerial permit be required for the transfer of any
drive-up use when such transfer is not associated with a Site Review
application. Uses which are discontinued without a properly permitted transfer shall be
deemed to have expired after being unused for six (6) months.
The Planning Commission found that with the addition of these standards and requirements, the
proposed amendment may serve to encourage redevelopment of one or more of these bank sites to
bring them more into compliance with current standards, thereby working to improve the streetscape
character within the Historic Interest Area while minimizing adverse impacts posed by the existing
drive-up uses by more carefully regulating their placement and access. With this in mind, the Planning
Commission recommended that Council approve the amendment with the additional standards and
requirements listed above.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Should the Council concur with the Planning Commission and support allowing redevelopment or
relocation of drive-up uses within Ashland's Historic Interest Area (HIA) without requiring
Conditional Use Permit approval to encourage redevelopment according to current standards, staff
would recommend that Council approve first reading by title only of the ordinance with the additional
requirements recommended by the Planning Commission, and move it to second reading.
Should the Council believe that transferring and establishing a drive-up window use at a "new" site
within the Historic Interest Area runs contrary to past and present policy of"discouraging" and
prohibiting these types of uses with the HIA, then Council should direct staff to modify the proposed
ordinance in order to reflect this position.
SUGGESTED MOTION:
Move to approve first reading by title only of the ordinance titled, "An ordinance amending Section
18.32.025 of the Ashland Land Use Ordinance to provide for the relocation or redevelopment of four
Page 4 of 5
Mr,
CITY OF
ASHLAND
financial institutions' existing, non-conforming drive-up uses in Ashland's Historic Interest Area"and
move it on to second reading.
ATTACHMENTS:
Proposed Ordinance
Explanatory Matrix of Current and Proposed Regulations
Record of the Planning Action
Page 5 of 5
V`,
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 18.32.025 OF THE ASHLAND
LAND USE ORDINANCE TO PROVIDE FOR THE RELOCATION OR
REDEVELOPMENT OF FOUR FINANCIAL INSTITUTIONS' EXISTING,
NON-CONFORMING DRIVE-UP USES IN ASHLAND'S HISTORIC
INTEREST AREA.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold Iined4hreugh and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the original Transportation Element of the City of Ashland's Comprehensive Plan,
adopted in 1982, included a policy explicitly discouraging drive-up uses in order to limit fuel
consumption and air pollution associated with vehicle idling.
WHEREAS, the City of Ashland adopted Ordinance # 2313 in 1984 to define drive-up uses, set
specific standards for their development, place a limit on the total number of drive-up uses
allowed in the city, prohibit drive-up uses in Ashland's Historic Interest Area as defined in the
Comprehensive Plan, and render existing drive-up uses within that Historic Interest Area non-
conforming uses.
WHEREAS, with the adoption of Ordinance #2313 in 1984 and subsequent amendments with
the adoption of Ordinance #2688 in 1992, it was no longer seen as necessary that the
Transportation Element of the City of Ashland's Comprehensive Plan, as revised and adopted in
1996, contain an explicit policy discouraging drive-up uses, the Element continues to include
policies which promote decreased auto use and increased walking and bicycling, public
transportation, ride sharing and other transportation demand management techniques (X.II-1)
and to encourage businesses to inform customers of available non-automotive access to the
business locations and to support customer use of non-automotive access (X.1I-6).
WHEREAS, the City of Ashland's Comprehensive Plan and implementing ordinances
encourage development at a human scale with a balanced approach to transportation rather than
encouraging a primarily auto-centric approach to development, and the Downtown Design
Standards explicitly discourage auto-centric uses in the downtown (VI.J-6) in seeking to create a
pedestrian friendly environment with a continuous storefront streetscape at the sidewalk.
Page 1 of 5
WHEREAS, the Ashland Food Co-op as applicant has proposed a Legislative Amendment to
the existing drive-up use regulations to allow the existing non-conforming drive-up uses within
the Historic Interest Area to redevelop on site or relocate elsewhere in the C-1 or C-1-D zoned
portions of the Historic Interest Area without being subject to the discretionary review of a
Conditional Use Permit in order to facilitate further negotiations with the adjacent property
owner, Umpqua Bank, in hopes that the Co-op will ultimately be able to acquire the bank
property if the bank is able to relocate elsewhere in the Historic Interest Area while retaining its
existing drive-up use, and to encourage the redevelopment of the other existing non-conforming
drive-up sites in a manner more consistent with current city standards.
WHEREAS, the City of Ashland Transportation Commission considered appropriate
amendments to the Ashland Municipal Code's Land Use Ordinances at a duly advertised public
hearing on May 24, 2012, and following deliberations identified no specific adverse impacts to
the transportation system which would result from the proposed amendments;
WHEREAS, the City of Ashland Planning Commission considered appropriate amendments to
the Ashland Municipal Code's Land Use Ordinances at duly advertised public hearings on May
8, 2012 and June 12, 2012, and following deliberations recommended approval of the
amendments;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code's Land Use Ordinances on July 17, 2012;
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The following amendments are hereby added to AMC Section 18.32.025
E. Drive-up uses as defined and regulated as follows:
Page 2 of 5
1. Drive-up uses are defined as anv establishment which by design, physical
facilities, service or by packaging procedures encourages or permits
customers to receive services, obtain goods other than automobile fuel, or
be entertained while remaining in their motor vehicles. The components of
a drive-up use include kiosks, canopies or other structures: windows:
stalls, queuing lanes and associated driveways. Drive-up uses may be
approved in the C-1 District only, and only in the area east of a line drawn
perpendicular to Ashland Street at the intersection of Ashland Street and
Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan. The four existing non-conforming financial institution
drive-up uses in operation in the Historic Interest Area as of August 7, 2012
may redevelop or relocate within the C-1 and C-1-D zoned portions of
Ashland Historic Interest Area subject to the following requirements:
a. Relocation or redevelopment of a drive-up use within the C-1 or C-1-D
zoned portions of the Historic Interest Area shall be subject to a Type II
Site Review procedure as a Special Permitted Use.
b. Relocated or redeveloped drive-up uses may only be placed on a
non-street facing (other than an alley) secondary building
elevation, and only accessed from an alley or driveway.
c. Driveways serving relocated or redeveloped drive-up uses shall
not enter from or exit to a higher order street frontage or through
a primary elevation of the building, and driveways or queuing
lanes shall not be placed between a building and the right-of-way
other than an alley.
d. No demolition of or exterior change to a building considered to
be a historic resource shall be permitted to accommodate the
relocation or redevelopment of a drive-up use.
e. Regardless of the number of drive-up windows/lanes in use in
the current location, with a relocation or remodel the number of
windows/lanes shall be reduced to one (1).
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two
designated parking spaces immediately beyond the service window or
provide other satisfactory methods to allow customers requiring excessive
waiting time to receive service while parked.
C. A means of egress for vehicular customers who wish to leave the waiting
line shall be provided.
d. The grade of the stacking area to the drive-up shall either be. flat or
downhill to eliminate excessive fuel consumption and exhaust during the
wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
Page 3 of 5
f. Sufficient stacking area shall be provided to ensure that public rights-of-
way are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels
at the property line and shall otherwise comply with the Ashland Municipal
Code regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July
1, 1984. Drive-up uses may be transferred to another location in accord
with all requirements of this section. The number of drive-up window stalls
shall not exceed one 11 per location, even if the transferred use had
greater than one stall.
L A separate ministerial "Drive-Up Transfer" permit shall be obtained
for the transfer of any drive-up use when such transfer is not
associated with a Site Review or Conditional Use permit application
in order to formally document transfer of the use.
j. Drive-up uses which are discontinued without a properly permitted
transfer shall be deemed to have expired after being unused for six
(6) months. Discontinuation of a drive-up use is considered to have
occurred when the drive-up use is documented as having ceased on
site through a ministerial, Site Review or Conditional Use permit
review, or upon on-site verification by the Staff Advisor.
k. All components of a drive-up use shall be removed within sixty (60)
days of discontinuation of the use through abandonment, transfer,
relocation or redevelopment.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the— 7 t' day of August 12012,
and duly PASSED and ADOPTED this 21s` day of August 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 21s` day of August 2012.
Page 4 of 5
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 5 of 5
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CITY OF
ASHLAND
RECORD FOR PLANNING ACTION #2012-00265 '
PLANNING ACTION: #2012-00265
SUBJECT PROPERTY: C-1 &C-1-D zoned portions of the Historic Interest Area
APPLICANT: Ashland Food Co-Op
DESCRIPTION: A request for a legislative amendment to amend the Ashland Municipal Code as it relates
to drive-up uses in Commercial districts. Drive-up uses are currently allowed only as"special permitted
uses' in the portions of the C-1 zoning district east of a line drawn perpendicular to Ashland Street at its
intersection with Siskiyou Boulevard. Drive-up uses are explicitly prohibited in the Historic Interest Area as
defined in the Comprehensive Plan. The proposal would provide exception language allowing existing
drive-up uses in the Historic Interest Area to redevelop on-site or relocate to new sites elsewhere in the
Historic Interest Area provided that the relocated or redeveloped drive-up use would be located
predominantly underground or otherwise screened from view from the right-of-way.
d ZE
DATB g -ITEM2 ' + s5 ' d d k zj� RAG ES# ,
:: n
7/24/12 Planning Commission Recommendation 1-8
6/12/12 Planning Commission Minutes 9-11
6/12112 Speaker Request Forms 12-14
6/12/12 Planning Commission Packet
Agenda 15-16
Public Hearing Notice, Related Criteria,Affidavit of Mailing, Mailing List 17-20
Staff Report Addendum 21-24
Staff Exhibit 25
Letter from Oregon Dept. of Transportation 26
Daily Tidings Article 27-29
Transportation Commission Minutes 30-32
Tree Commission Recommendation 33
Letter from Julia Sommer 34
Email from Colin Swales 35-39
5/08/12 Planning Commission Minutes 40-43
5/08/12 Exhibits#1 -#2 submitted at May 8 Public Hearing 44-51
5/08/12 Speaker Request Forms 52
5/08112 Planning Commission Packet
Agenda 53
Public Hearing Notice 54
Staff Report 55-63
Staff Exhibits 64-67
Applicant's Submittals 68-86
BEFORE THE PLANNING COMMISSION
City of Ashland,Jackson County,Oregon
July 24,2012
IN THE MATTER OF PLANNING ACTION#2012-00265,A REQUEST FOR A )
LEGISLATIVE AMENDMENT TO AMEND THE ASHLAND MUNICIPAL )
CODE AS IT RELATES TO DRIVE-UP USES IN COMMERCIAL DISTRICTS. )
DRIVE-UP USES ARE CURRENTLY ALLOWED ONLY AS SPECIAL )
PERMITTED USES IN THE PORTIONS OF THE C-1 ZONING DISTRICT )
EAST OF A LINE DRAWN PERPENDICULAR TO ASHLAND STREET AT )
IT'S INTERSECTION WITH SISKIYOU BOULEVARD. DRIVE-UP USES ARE )
EXPLICTTLY PROHIBITED IN THE HISTORIC INTEREST AREA AS DE- ) RECOMMENDATION
FINED IN THE COMPREHENSIVE PLAN. THE PROPOSAL WOULD PRO- )
VIDE EXCEPTION LANGUAGE ALLOWING EXISTING DRIVE-UP USES )
IN THE HISTORIC INTEREST AREA TO REDEVELOP ON-SITE OR RE- )
LOCATE TO NEW SITES ELSEWHERE IN THE HISTORIC INTEREST )
AREA PROVIDED THAT THE RELOCATED OR REDEVELOPED DRIVE-UP )
USE WOULD BE LOCATED PREDOMINANTLY UNDERGROUND OR )
OTHERWISE SCREENED FROM VIEW FROM THE RIGHT-OF-WAY. )
APPLICANT: Ashland Food Co-Op )
--------------------------------------------------------------------------------------------------------------
RECITALS:
1) The application is a request for a Legislative Amendment to amend the Ashland Municipal Code
as it relates to drive-up uses in Commercial districts. Drive-up uses are currently allowed only as
"special permitted uses"in C-1 zoning districts, but only in the area east of a line drawn perpendicular to
Ashland Street at its intersection with Siskiyou Boulevard. Drive-up uses arc explicitly prohibited in the
Historic Interest Area defined in the Comprehensive Plan. The application proposes to provide for
exception language allowing existing drive-up uses in the Historic Interest Area to redevelop on their
existing sites or relocate to new sites elsewhere within the Historic Interest Area, provided that the
relocated drive-up use would be located predominantly underground or otherwise screened from view
from the public right-of-way.
2) A Legislative Amendment is defined in AMC 18.08.345 and is subject to the requirements for a
Legislative Amendment described in AMC 18.108.170 as follows:
SECTION 18.08.345 Legislative amendment.
An amendment to the text of the land use ordinance or the comprehensive plan or an amendment of the zoning
map, comprehensive plan maps or other official maps including the street dedication map described in section
18.82.050, for land involving numerous parcels under diverse ownerships.
PA#2012-00265—Drive-Up Amendment
July 24,2012
Page I
1
SECTION 18.108.170 Legislative Amendments.
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other
legislative amendments in order to conform with the comprehensive plan or to meet other changes in
circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the
Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property
owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment
at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend
to the Council, approval, disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning Department
thirty days prior to the Commission meeting at which the proposal is to be first considered. The application
shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment the Commission shall hold a public hearing. After
receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the
amendment. Notice of time and place of the public hearings and a brief description of the proposed
amendment shall be given notice in a newspaper of general circulation in the City not less than ten days
prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the
Commission within the twelve month period immediately following a previous denial of such request, except
the Commission may permit a new application if, in the opinion of the Commission, new evidence or a
change of circumstances warrant it.
3) The Planning Commission, following proper public notice as required in AMC 18.108.170.D.,
scheduled a public hearing on May 8, 2012 at which time testimony was received and exhibits were
presented. Following public testimony, the Commission continued the hearing to the regular meeting of
June 12, 2012 in order to allow time for the Transportation Commission to review and comment on the
proposal at it's May 24, 2012 meeting. At the continued public hearing on June 12, 2012 testimony was
received and exhibits were presented. Following the closing of the public hearing, the Planning
Commission deliberated and recommended that the City Council approve the proposed Legislative
Amendment subject to additional performance standards and design requirements to minimize potential
impacts to the Historic Interest Area.
Now,therefore,the Planning Commission of the City of Ashland recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a"P"
Opponent's Exhibits, lettered with an "O"
PA#2012-00265 Drive-Up Amendment
July 24,2012
Page 2
2
Hearing Minutes,Notices,and Miscellaneous Exhibits lettered with an"M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to make a
recommendation based on the Staff Report,public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the proposal for a Legislative Amendment to amend
the Ashland Municipal Code as it relates to drive-up uses in Commercial districts meets all
applicable criteria for the approval of Legislative Amendment as described in Chapter 18.108.170.
The Planning Commission accordingly recommends approval of the Legislative Amendment with
the addition of specific performance standards and design requirements which are delineated in 2.6
below.
2.3 The Planning Commission finds that the original Transportation Element of Ashland's
Comprehensive Plan, adopted in 1982, included a policy explicitly discouraging the use of drive-
up windows with the stated intent of limiting both fuel consumption and air pollution associated
with vehicle idling while waiting at drive-ups. In keeping with this policy, in 1984 the city
adopted Ordinance 42313 which defined a drive-up use as "any establishment which by design,
physical facilities, service or by packaging procedures encourages or permits customers to
receive services, obtain goods, or be entertained while remaining in their motor vehicles," set
standards for the development of drive-up uses, required Conditional Use Permits for the
approval of drive-up uses, and limited the total number of drive-up uses in the city to the 12 in
place on July 1, 1984 plus one additional drive-up use for each additional 1,250 persons added to
the state-certified population census for the city. As part of that ordinance, drive-up uses were
prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan (see
attached Staff Exhibit S-1), and existing drive-up uses within the Historic Interest Area were
rendered non-conforming.
In 1992, the ordinance was amended to make drive-tip's a Special Permitted Use rather than a
Conditional Use, and to limit the number of drive-up uses allowed in the city to the 12 that were
in place on July 1, 1984 with no allowance to increase this number with increased population.
By ordinance, drive-up uses are allowed to be transferred between users and locations, subject to
the requirements of the Ordinance, but the total number of approved drive-up uses allowed in the
city remains at the 12 which were in place on July 1, 1984. These include:
1. 250.300 K Pioneer St./Um ua Bank Historic Interest Area&Zoned E-1
2. 67 E. Main St./Wells Faro Bank Historic Interest Area
3. 30 N.Second St./U.S. Bank Historic Interest Area
4. 243 E. Main St./Chase Bank Historic Interest Area
5. 2290 Ashland St./Taco Bell
6. 2235 Ashland St./Premier West Bank
7. 2280 Ashland St./Bi-Mart Pharmacy
PA#2012-00265 Drive-Up Amendment
July 24,2012
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8. 1652 Ashland St./Dutch Bros.
9. 1500 Siski ou Blvd/People's le's Bank
10. 1624 Ashland St./Wend 's
11. 512 Walker Ave./Sterling Savings Bank
12. Inactive(was previously McDonalds',now reportedly held-but not currently in use-
— by Rogue Federal Credit Union
The Commission finds that of the 12 existing drive-up permits, all four of those currently
established in the Historic Interest Area are financial institutions. The Commission further finds
that in reviewing the historic district survey descriptions of these properties, none of these
buildings is considered to be a contributing resource to the districts, and with the exception of US
Bank, the narrative descriptions within the inventory cite the buildings' relationships to the
sidewalk or streetscape, or site lay-out to accommodate drive-up uses, as key factors in their lack
of compatibility with the historic character of the district.
The Planning Commission further finds that the Transportation Element of the Comprehensive
Plan as revised in 1996 no longer contains an explicit policy discouraging drive-up uses, since it
was unnecessary due to the ordinance already in place limiting these uses. However, the current
Transportation Element retains policies which continue to support discouragement of drive-up
uses, including:
X.II-1 "Promote decreased auto rise and increased walking and bicycling, public
transportation, ride sharing and other transportation demand management techniques. "
X.II-6 "Encourage businesses to inform customers of available non-auto access to the
business locations and to support customer use of non-auto access."
The Commission further finds that the Comprehensive Plan and its implementing ordinances
encourage human scale development with a balanced approach to transportation rather than
taking a primarily auto-centric approach to development. The city's design standards encourage
designs which limit the adverse impacts of the automobile on the built environment in large part
by minimizing, carefully placing and screening parking areas and driveways while emphasizing a
high standard of urban design and a strong relationship between buildings and the pedestrian
streetscape. City standards and requirements place special emphasis on the Historic Interest
Areas, and particularly the downtown. Ashland's Downtown Design Standards explicitly
discourage auto-centric uses in the downtown (VI.J-6), and the removal of off-street parking
requirements in the downtown, downtown design standards, and prohibition on drive-up's in the
Historic Interest Area all work to create a pedestrian friendly environment with a continuous
storefront streetscape at the sidewalk.
The Planning Commission finds that the application proposes an amendment to the Land Use
Ordinance which currently explicitly prohibits drive-up uses in the Historic Interest Area.
Ashland's Historic Interest Area consists of the four National Register of Historic Places-listed
PA#2012.00265_Drive-Up Amendment
July 24,2012
Page 4
4
Ashland's Historic Interest Area consists of the four National Register of Historic Places-listed
historic districts. As initially proposed by the applicants, the amendment would add exception
language to the ordinance to allow existing drive-up uses within the Historic Interest Area to
relocate to a new site elsewhere within the C-1 or C-1-D zoned portions of the Historic Interest
Area provided that they are located "predominantly underground or otherwise screened from
view from the public right-of-way."
The Commission further finds that the application explains that the amendment proposal is being
made by Ashland Food Co-op as applicant, noting that both the Co-op and its neighbor Umpqua
Bank are keenly aware of parking challenges at their sites. The Co-op would like to pursue the
purchase of the adjacent bank property to expand their building and add parking, however the
bank wishes to remain in the Historic Interest Area near the downtown and to keep a drive-up
window for its customers. As currently regulated, the bank could not relocate elsehwhere in the
Historic Interest Area without a Variance, and any modification to the existing drive-up use on
the current site would be subject to a Conditional Use Permit for modification of an the existing
non-conforming use due both to its location within the Historic Interest Area and outside of the
C-I zoning district where drive-up uses are allowed. The applicants assert that the current
prohibition on new drive-up uses in the Historic Interest Area combined with the non-conforming
status of existing drive-up uses in that area, and the resultant requirement that these uses obtain
discretionary approvals (i.e. Conditional Use Permits or Variances) for any modification of their
non-conforming uses serve to prevent upgrades to or redevelopment of these sites, as the
financial institutions holding the existing drive-up uses are inherently risk-averse and unwilling
to move forward with costly projects when their outcomes are uncertain and subject to obtaining
discretionary approvals. As such, the proposed amendment would provide for these relocations
through the Site Review process as a "Special Permitted Use", which has considerably less
discretion.
The Planning Commission finds that the application suggests that the changes proposed would
facilitate more serious discussions between the Ashland Food Co-op and Umpqua Bank by
removing one of the perceived barriers to the Co-op acquiring the bank's property to better
address parking in their vicinity, and more broadly suggests that in removing the perceived
barrier posed by discretionary approval requirements, the requested ordinance changes could
facilitate the redevelopment of the sites of current drive-up uses in a manner more in keeping
with city design standards while minimizing the impacts of the relocated drive-up uses to the
Historic Interest Area.
2.4 The Planning Commission finds that while the original regulation of drive-up uses was
tied to issues of fuel consumption and air quality, their prohibition in the Historic Interest Area
goes beyond these concerns to the more general discouragement of auto-centric uses in order to
maintain the downtown's historic, pedestrian friendly character. Ashland's various standards
seek to limit the adverse impacts of auto-centric design on the built environment in large part by
minimizing, carefully placing and screening parking and circulation areas while emphasizing a
high standard of urban design and a strong relationship between buildings and the pedestrian
PA#2012-00265—Drive-Up Amendment
July 24,2012
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5
centric uses in the Downtown Design Standards (VI.J-6) and directing that the city shall use its
discretionary authority to deny new auto-centric uses while still providing for the improvement of
existing facilities; largely eliminating requirements to provide required parking on site; and
prohibiting drive-up uses to provide for a continuous storefront presence at the sidewalk that
engages pedestrians and remains compatible with historic development patterns.
The Commission finds that drive-up uses by their very nature are designed to accommodate
automobiles, and the concern with their placement in the Historic Interest Area is that auto-
centric design can often occur to the detriment of a human scale pedestrian environment. The
Commission further finds that specific concerns center on impacts to the built environment in
terms of altering building relationships to the street, scale, proportion, rhythm of openings and
horizontal rhythms, breaking up the continuous storefront presence to accommodate drive-up
windows and associated vehicular circulation. In addition, placement of driveways with cars
crossing the sidewalk, or queuing into the sidewalk, from an underground drive-up could
substantially alter the pedestrian streetscape and impact safety and visibility.
2.5 The Planning Commission finds that the issue of discretion is a key consideration of the
request. The relocation of the four existing drive-up uses within the Historic Interest Area could
be handled with discretionary review through the Conditional Use Permit process to assure all
potential impacts, including architectural compatibility, of each use are considered in a manner
appropriate to the individual circumstances of each site and proposal. However, the Commission
recognizes the applicants' concerns with discretionary Conditional Use Permit approval
standards as at least a perceived barrier to the redevelopment of the four existing drive-up sites in
the Historic Interest Area (Umpqua Bank, Wells Fargo Bank, Chase Bank and US Bank) and
further recognizes that with the removal of this perceived barrier most of these sites have the
potential for substantial redevelopment that under current standards could benefit the character of
the downtown streetscape.
The Commission finds that in order to protect the historic built environment and pedestrian
friendly character of the Historic Interest Area, it is important that any modification of the
ordinance ensure that with redevelopment or relocation of drive-up uses, they be limited to
secondary building elevations; that queuing lanes not be placed between building and the,right-
of-way other than an alley; that no more than one window or queuing lanes be allowed regardless
of the number currently in use; that if the subject property abuts an alley, access to and from the
drive-up be from the alley; that there be no access from a higher order street or through a primary
building elevation; and that no demolition of buildings considered to be historic resources be
permitted to facilitate the relocation or redevelopment of drive-up uses. The Commission
further finds that while placement of drive-up uses underground or in some other manner which
screens them entirely from view from the right-of-way may be appropriate for some sites it could
lead to greater impacts to the rhythm of openings, and the need to provide barriers when drive-up
uses are close; the larger concern for the Commission is in minimizing the impacts of drive-up
uses to the streetscape by carefully regulating their placement and access as detailed above.
PA 92012-00265 Drive-Up Amendment
July 24,2012
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The Commission finds that the proposed modification is being considered as a means to
encourage redevelopment of the sites of the four existing drive-up use permit holders already
operating within the Historic Interest Area, all of which are financial institutions, and that the
proposed modifications should be similarly limited to apply only to financial institutions, rather
than encouraging uses of a more auto-centric nature or of a drastically different character within
the Historic Interest Area.
The Commission further finds that the transfer of any drive-up use between users or sites, when
such transfer is not associated with a Site Review application, should be subject to a ministerial
permit. AMC 18.32.025.E.3.h limits the number of drive-up uses to the 12 which were in place
on July 1, 1984 and provides for their transfer provided they meet all applicable requirements.
The Commission finds that for proposes of maintaining an accurate record of the approved uses
and verifying their compliance with applicable requirements, that those transfers not requiring
Site Review approval should be required to obtain a ministerial permit.
2.6 The Planning Commission recognizes the potential benefit that could arise from the
proposal in allowing the four existing drive-up uses in the Historic Interest Area to relocate and
thereby opening the possibility for redevelopment of their current sites according to current
standards, however the Commission finds that any lessening of the current prohibition needs to
be carefully considered for the potential adverse impacts to the built environment and pedestrian-
friendly, human-scale character of the National Register-listed Historic Interest Area. If the four
drive-up uses are to be allowed to relocate without the discretionary consideration of a
Conditional Use Permit as proposed, the Commission finds that the proposed ordinance
amendment should be modified in order to minimize the adverse impacts that the current
prohibition on drive-up uses in the Historic Interest Area was enacted to avoid with the addition
of the following performance standards and design requirements:
• That relocation of the four existing drive-up uses or redevelopment of their
existing sites in the Historic Interest Area (HIA) be allowed as a "Special
Permitted Use" within the C-1 and C-1-D zoned portions of the HIA subject to
"Type IP' Site Review approval.
• That regardless of the number of drive-up windows/lanes in use in the current
drive-up location, with relocation or redevelopment under this amendment the
number of windows/lanes be reduced to one.
• That existing approved drive-up uses not currently in use in the HIA would
continue to be unable to be transferred into the HIA. Relocation of the existing
uses or redevelopment of existing sites in the HIA would be limited to the four
existing financial institutions; all other uses would remain subject to existing
regulations within the HIA.
• That with relocation or redevelopment, drive-up uses may only be placed on a
non-street (other than an alley) facing secondary .building elevation, and only
accessed.from an alley or driveway.
PA#2012-00265 Drive-Up Amendment
July 24,2012
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• That drive-up uses be clearly defined, and that this definition include all drive-up
components (i.e. the kiosk, canopy or other structures, window, driveway and
queuing lane). All components of a drive-up use shall be removed from the
building/site within 60 days of discontinuation of the use through transfer,
relocation or redevelopment.
• That driveways serving relocated drive-up uses may not enter from or exit to a
higher order street frontage or through a primary elevation of the building, and
that there is to be no placement of driveways or queuing lanes between a building
and the right-of-way other than an alley.
• That no demolition of or exterior change to buildings considered to be historic
resources be allowed to in order to accommodate the relocation of a drive-up use
or redevelopment of its site through this amendment.
• That a ministerial permit be required for the transfer of any
drive-up use when such transfer is not associated with a Site Review
application. Uses which are discontinued without a properly permitted transfer
shall be deemed to have expired after being unused for six (6) months.
2.7 The Planning Commission finds that with the standards and requirements recommended
in 2.6 above, the proposed amendment may serve to encourage redevelopment of one or more of
these bank sites to bring them more into compliance with current standards, thereby working to
improve the streetscape character within the Historic Interest Area while minimizing adverse
impacts posed by the existing drive-up uses by more carefully regulating their placement and
access.
SECTION 3.DECISION
3.1 Based on the record of the Public Hearing on this matter, the Planning Commission recommends
that the Council approve Planning Action#2012-00265 and adopt the associated ordinance amendments.
July 24,2012
Planning Commission Approval Date
PA#2012-00265 Drive-Up Amendment
July 24,2012
Page 8
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Commissioners Kaplan/Heesacker m/s to nominate Michael Dawkins as vice chair of the Planning Commission.Voice
Vote:all AYES.Motion passed 6.0.
It was agreed Commissioner Marsh would lead this meeting since Mindlin is not present.
PUBLIC HEARINGS
A. PLANNING ACTION: #2012.00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-&C-1•D-zoned portions of Ashland's"Historic Interest Area"
REQUEST: A proposal to amend the Ashland Municipal Code(AMC 18.32.035.E)as it relates to drive-up uses in
Commercial districts. Drive-up uses are currently a special permitted use in the C-1 zoning district, but only in the
area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou
Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as defined in the
Comprehensive Plan. The proposed legislative amendment is to provide exception language which would apply
only to existing drive-up uses within the Historic Interest Area and would allow them to relocate to a new site
elsewhere within the Historic Interest Area provided that they are located predominantly underground or otherwise
screened from view from the public right-of-way.]Continued from May 8, 2012 meeting]
Staff Report
Associate Planner Derek Severson explained the proposal before the Commission would modify the regulations in the C-1 and
C-1-D districts relative to drive-up uses in the Historic Interest Area. Under the current regulations,new drive-up uses are
prohibited and any modification to the existing uses(Umpqua Bank,Wells Fargo, US Bank, Chase Bank)requires a conditional
use permit. Mr. Severson stated this proposal would modify the requirements to allow redevelopment/relocation of drive-ups
elsewhere in the Historic Interest Area subject to site review approval as a special permitted use.
Mr.Severson stated the initial public hearing was continued to allow review by the Transportation Commission,and the draft
minutes from that meeting have been provided. He explained at the end of the Transportation Commission's discussion the
members were polled and two members were negative,one was neutral,one was slightly positive, and one abstained.There
were no specific concerns or recommendations issued by the Transportation Commission.Mr. Severson noted the matrix
included in the packet materials and stated the areas in blue identify the areas affected by this proposal. He clarified Umpqua
Bank is addressed separately in the matrix because they are in a split-zoned property and neither zone allows drive-up uses.
Mr. Severson briefly reviewed the staff recommendations and asked for the Commission's feedback on the issue of visibility and
screening.
Commission Comments
Comment was made questioning how you would eliminate visibility and that this provision seems impractical for buildings that
are surrounded by streets.Additional comment was made that there is some benefit to seeing how many cars are in the cue;
and as long as it is not intrusive on the neighborhood,visibility is not a major concern.
Applicant's Presentation
Mark Knox/Mr. Knox voiced their support for excluding food and beverage uses and requiring ministerial permits for tracking.
He stated they do not see any negative associations with this proposal and believe it will provide the ability for economic
development,historic preservation,and the redevelopment of surface parking lots into main street facades. He stated without
this proposal these sites will continue to exist in their current state and will not be redeveloped to Ashland's standards. Mr. Knox
stated he understands some people believe downtown should be pedestrian only, but this is not realistic. He stated drive-ups
(excluding fast food)provide a central service to the elderly population for banking and pharmacy needs. He added inclement
weather and night time/security concerns are other reasons people choose to use drive-ups. He stated this proposal will provide
an opportunity for this service to work,and will provide better screening and fewer lanes than exist now.
Richard Katz/Stated this is a strange situation for the Food Co-op and they are here to improve their facility for the good of their
patrons and owners. He stated this is the only option they have available. Mr. Katz stated a lot of Ashland's population visits the
Co-op on a regular basis,with over 3,000 transactions per day,and they are following the lead of their owners who say time
Ashland Planning Commission
June 12, 2012
Page 2 of 7
9
after time that parking is a major issue for them. He added this proposal is not just for the Co-op to have more parking, but
addresses their desire to make their site safer,easier to get around,and less congested.
Comment was made that the Commission's decision is not predicated on the needs of the Co-op,and rather on the policy
change they have brought forward.
Mr. Katz stated aside from the needs of the Co-op,they believe this amendment has merit.
Public Testimony
Catherine Shaw/886 Oak Street/Stated the drive-up ordinance was a component of the overall redevelopment of downtown
and at that time they did a number of things to encourage people to walk.She stated the idea of making downtown completely
car free was abandoned,but what they had hoped back then was that drive-up windows would eventually be eliminated.She
stated these were hard fought battles that should remain.Ms. Shaw stated its the bustle of the downtown that creates a vibrant
community and voiced her opposition to drive-up windows.She stated significant effort has been made to create a more
walkable downtown,which is better for Ashland's businesses and economy,and Ashland needs to walk the talk.
Colin Swales/1143 Eighth StreetlStated he is a member of the Transportation Commission and is also their liaison to the
Planning Commission.Mr.Swales recommended the three service stations in this area be looked at as part of this amendment.
He stated just as some would like to see the drive-ups disappear from downtown, he would also like to see the gas stations
disappear. Mr.Swales cited two minor corrections in the draft minutes from the Transportation Commission.He also
commented on a sex shop drive thru in Alabama and cautioned the Commission about this possibility. He added he is one of
the Transportation Commissioners who voted against this proposal.
Cate Hartzell/892 Garden Way/Stated she is an owner of the Co-op and opposes this change. She thanked Ms. Shaw for
speaking on the intent of the original ordinance and stated there should be a compelling reason for considering this change. Ms.
Hartzell questioned if this proposal would protect the integrity of the original ordinance or move the City further along in
achieving its Comprehensive Plan goals. She noted the City goals to reduce vehicle trips and reduce pollution and encouraged
the Commission to consider the risks of vehicles intersecting with pedestrians in areas where they are trying to intensify
pedestrians. She noted the City of Corvallis has two Co-ops and it has worked well.She added there is a lot of commercial
space available in Ashland right now and perhaps the Co-op could find other alternatives.
Applicant's Rebuttal
Mark Knox/Noted his respect for Ms. Shaw and stated during her tenure as mayor a lot of efforts were made that have shaped
Ashland in a positive way. However he believes their proposal is misunderstood.He clarified they are not proposing to increase
the number of drive-up uses permitted, but rather to allow them to redevelop to meet the current standards. He stated this
proposal addresses eighteen different policies that are to the benefit of the Comprehensive Plan.He stated this is a minor tweak
that will have a very positive impact. He added if the Commission is concerned about the potential for drive up sex stores,they
should limit this change to financial institutions,which is what the applicant originally proposed.
Commissioner Marsh closed the record and the public hearing at 7:50 p.m.
Deliberations&Decision
Commissioner Dawkins motioned to deny Planning Action#2012-00265. Motion failed due to lack of a second.
Mr. Molnar reminded the Commission this is a recommendation to the City Council and requested they provide guidance in
addition to direction.
Commissioners Brown/Kaplan m/s to recommend Council's approval of Planning Action#2012-00265.DISCUSSION:
Brown stated the existing drive-ups are a hazard and there is no way for these to change under the current ordinance.He stated
this is an opportunity to change drive-thrus to alleys and side streets and get that traffic off the main street. He stated he would
like to provide banks the opportunity to change their configuration or relocate in the downtown,and believes this modification
should be limited to financial institutions. He added he believes this will result in a better downtown. Marsh asked if the motion
includes staffs recommendations. Brown clarified his motion is to exclude food and beverage related uses and limit it to
Ashland Planning Commission
June 12, 2012
Page 3 of 7
10
financial institutions;and also for uses which are discontinued without a properly permitted transfer to be deemed expired after
unused for 6 months, instead of 12.Kaplan stated he is divorcing this proposal from the Co-op's needs and sees this as an
opportunity to give financial institutions the opportunity to do something that would be better for the City.Staff clarified this
proposal would provide more flexibility for the four bank locations to redevelopment and add the ability for them to relocate.
Dawkins spoke against the motion and voiced support for Ms. Shaw's comments. He stated things worked just fine before there
were drive-ups in town and it is a convenience of our auto-centric society that we support things like this.He stated the City
should be trying to eliminate all drive-thrus and have people get out of their cars. Marsh stated she resonates with Ms. Shaw's
description for how the downtown was developed,however downtown should have been made retail only and there is no
likelihood of these banks leaving anytime soon. She voiced her support for the motion and stated it could motivate these
businesses to redevelop and would also reduce crossings, reduce the number of drive-up lanes,and improve the environment.
Commissioner Marsh noted her desire to address the screening and visibility issue,and motioned to amend the
recommendation at the top of page 4 of the staff report to read: "That with relocation or redevelopment, drive-up uses only be
placed in a basement or on a non-street facing(other than an alley)secondary building elevation,only accessed from an alley
or driveway and no components of the releGate&qdeve4ed",9 up�.9, stri4yFe, 4984� win9w oF queuing We but not th
°Brown seconded this and accepted It as a
friendly amendment.
Commissioner Kaplan recommended they remove the word"basement"from the above recommendation. Brown seconded
this as a friendly amendment.
Roll Call Vote on Motion as Amended: Commissioners Kaplan, Brown,Heesacker, Miller and Marsh,YES,
Commissioner Dawkins,NO.Motion passed 5.1.
Commissioner Miller asked if they could submit concerns to Council along with the recommendation. Staff noted the Findings
and Minutes will be provided.Commissioner Marsh stated it is inappropriate for commissioners to submit personal comments
and instead the Council should be encouraged to watch the taped recordings.
B. PLANNING ACTION:#2012.00575
SUBJECT PROPERTY: 1155 East Main Street
APPLICANT:City of Ashland/Ashland Police Department
DESCRIPTION:A request for Site Review approval to construct a 3,016 square foot addition and associated site
improvements for the Ashland Police Department located at 1155 East Main Street. This addition is the first phase.
of a multi-phase project over the next five years;subsequent phases will include a 1,975 square foot addition,
additional parking,and site improvements to bring the site more in line with current standards.COMPREHENSIVE
PLAN DESIGNATION: Employment;ZONING: E-1;ASSESSOR'S MAP#:391 E 10;TAX LOT#:900.
The Commission took a short recess and performed a site visit.The meeting reconvened at 8:30 p.m.
Marsh read aloud the public hearing procedures for land use hearings.
Ex Parte Contact
All commissioners attended the site visit;no ex parte contact was reported.
Staff Report
Associate Planner Derek Severson presented the staff report and noted the subject property is located behind the Police
Department and Council Chambers. He explained this application is for site review approval to construct a 3,016 sq.ft.addition
to the police station,and this would be the first phase of a multi-phased construction project. Mr. Severson provided an overview
of the site plan, building elevations, project phasing,tree protection plan,and landscape plan;and noted staffs recommendation
for the sense of entry to be improved to make it a more people friendly space through the use of landscaping and hardscaping.
Mr.Severson listed the recommendations from the Tree Commission to supplement the existing hedge buffer with two
additional trees and for tree#50 to be retained and protected.He noted the nearby neighbors spoke at the Tree Commission
meeting and requested measures be taken to soften the exposure to the existing ratio antenna, parking,and building roof to the
extent possible. He stated the other concerns that have been raised by the neighbors include: 1)the placement of the addition,
Ashland Planning Commission
June 12, 2012
Page 4 of 7
11
Planning Commission
Speaker Request Form
1)Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials,please give a copy to the Secretary for the record.
6)You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
-
/��7'!
�
Name%''Gt
(please print) !
Address (no Y.O.Box) Q . `Cp ...i.��1C /
Phone 7 �L �. � ), Tmad 0 F�
Tonight's Meeting Dale
Regular Meeting
Agenda item number V !! _OR Topic for public forum (non agenda item)
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member(planning commissioner)with a conflict of interest or bias, please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak. The Ashland Plarnnirng Conunission generally
invites the public to speak on agenda itenns and during public forum on non-agenda items unless time
consti abets licit public lestiunony. No person has an absolute right to sneak or participate in every phase
of a proceeding. Please respect the order afproceedings for public hearings and strictly follow the
directions of the presiding officer. Beliavio-or actions which are unreasonably loud or disruptive are
disrespeclfirl, and unay constitute disorderly conduct. Of
fenders•will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
12
Planning Commission
Speaker Request Form
1)Complete this form and return it to the Secretary prior to the discussion of the itemyou wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4)Limit your comments to the amount of time given to you by the Chair,usually 5 minutes.
5) If you present written materials,please give a copy to the Secretary for the record.
6)You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name �� 11V
Address(no P 0`Boi)(please prin
4 s,
Phone . F
Tonight's Meeting Date
�;j-� Regular Meeting
Agenda item nuntbeiS'-'-'— OR Topic for public forum(non agenda item)
C/P
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member(planning commissioner)with a conflict of interest or bias,please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city rneelings are open to the public. Oregon law does not
always require that the public be permitted to,speak. The Ashland Planning Commission generally
invites the public to speak on agenda items and during public forum 017 77017-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or•actions which are unreasonably loud or disruptive are
disrespectfid, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
13
Planning Commission
Speaker Request Form
1)Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2)Speak to the Planning Commission from the table podium microphone.
3)State your name and address for the record.
4)Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5)If you present written materials, please give a copy to the Secretary for the record.
6)You may give written comments to the Secretary for the record if you do not wish to speak.
7) Speakers are solely responsible for the content of their public statement.
Name
" -'(please pant �
Address(no P O.:Box) � C
PhoneCl1
) t�
Tonight's Mce[ing Date :a '
Regular Meeting
Agenda item number OR Topic for public forum (non agenda item)
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member(planning commissioner)with a conflict of interest or bias,please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings. � p (( �
Written Comments/Challenge: tY`le�Q �InAS �BCt�Do CltiGl/✓�0 WD�4J The Public Meeting Lacy requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashlar7d Planning Conurrission generally
invites the public to speak on agenda items and during public forum on nor-agenda items unless time
constraints limit public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presiding officer. Behavior or actions which are unreasonably loud at-disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
14
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak,
please rise and,after you have been recognized by the Chair,give Your name and complete address for the record.
You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is
not allowed after the Public Hearing is closed.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
JUNE 12, 2012
AGENDA
1. CALL TO ORDER
II. ANNOUNCEMENTS
111. CONSENT AGENDA
A. Approval of Minutes
1. April 24, 2012 Study Session
2. May 8, 2012 Regular Meeting
3. May 22, 2012 Study Session
IV. PUBLIC FORUM
V. UNFINISHED BUSINESS
A. . Approval of Findings for PA-2012-00018, 2220 Ashland Street.
VI. NEW BUSINESS
A. Election of Officers.
VII. PUBLIC HEARINGS
A. PLANNING ACTION: #2012-00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-&C-1-D-zoned portions of Ashland's"Historic Interest Area"
REQUEST: A.proposal to amend the Ashland Municipal Code (AMC 18.32.035.E) as it
relates to drive-up uses in Commercial districts. Drive-up uses are currently a special
permitted use in the C-1 zoning district, but only in the area east of a line drawn
perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou
Boulevard. Drive-up uses are currently explicitly prohibited In the Historic Interest Area
as defined in the Comprehensive Plan. The proposed legislative amendment is to
provide exception language which would apply only to existing drive-up uses within the
Historic Interest Area and would allow them to relocate to a new site elsewhere within
the Historic Interest Area provided that they are located predominantly underground or
otherwise screened from view from the public right-of-way.
[Continued from May 8, 2012 meeting]
CITY OF
ASHLAND
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please
contact the Community Development office at 541-488-5305(rTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104
ADA Title 1).
15
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak,
please rise and,after you have been recognized by the Chair,give your name and complete address for the record.
You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is
not allowed after the Public Hearing is closed.
B. PLANNING ACTION: #2012-00575
SUBJECT PROPERTY: 1155 East Main Street
APPLICANT: City of Ashland/Ashland Police Department
DESCRIPTION: A request for Site Review approval to construct a 3,016 square foot
addition and associated site improvements for the Ashland Police Department located
at 1155 East Main Street. This addition is the first phase of a multi-phase project over
the next five years; subsequent phases will include a 1,975 square foot addition,
additional parking, and site improvements to bring the site more In line with current
standards. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP#: 39 1E 10; TAX LOT#: 900.
C. PLANNING ACTION: #2012-00573
APPLICANT: City of Ashland
LOCATION: Not property-specific
ORDINANCE REFERENCE: 18.108.170 Legislative Amendments
REQUEST: A Legislative Amendment Is proposed to adopt a new "Chapter XV -
Regional Plan" element to the City of Ashland Comprehensive Plan to incorporate
applicable portions of the Greater Bear Creek Valley Regional Problem Solving Plan
("the RIPS Plan") and to acknowledge revised population allocations for the City of
Ashland. Jackson County recently adopted the RPS Plan which identifies urban reserve
areas to accommodate a doubling of the region's population, but before the RIPS Plan
can take effect, each of the six participating cities in the region (Ashland, Talent,
Phoenix, Medford, Central Point and Eagle Point) must adopt the applicable portions of
the plan into their comprehensive plans and implementing ordinances. (Ashland Is the
only participating city which has not identified urban reserves as the city's existing
urban growth boundary was determined to be sufficient to accommodate anticipated
growth. Adoption of the new element incorporates those portions of the Regional Plan
applicable to Ashland as a signatory participant with no identified urban reserves.)
VIII. ADJOURNMENT
CITY OF
ASHLAND !AWA
In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting,please
contact the Community Development office at 541-488-5305(TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104
ADA Title 1).
16
L Planning Department,51 WinbL ,ay,Ashland,Oregon 97520 1 C I T Y OF
541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND
PLANNING ACTION: PL-2012-00265
SUBJECT PROPERTY: C-1 &C-1-D Portions of the Historic Interest Area(.See Inap below)
OWNER/APPLICANT: Ashland Food Co-op
DESCRIPTION: The Planning Commission will conduct a public hearing to consider a proposed Legislative Amendment to amend
the Ashland Municipal Code(AMC 18.32.035.£)as it relates to drive-up uses in Commercial districts; this is a continuance of the
public hearing which began on May 8d'. Drive-up uses are currently allowed only as "Special permitted uses" in the C-1
zoning district, but only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland
Street and Siskiyou Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as defined
in the Comprehensive Plan, and the four existing drive-up uses in place in the Historic Interest Area are considered to
be legal non-conforming uses. The proposal is to provide exception language which would apply only to the four
existing drive-up uses within the Historic Interest Area and allow them to relocate to new sites elsewhere within the
Historic Interest Area provided that their drive-up windows be located predominantly underground (in a basement) or
otherwise screened from view from the public right-of-way.
ASHLAND PLANNING COMMISSION MEETING: June 121h, 2012 at 7:00 PM,Ashland Civic Center(1175 E. Main St.)
PROPOSAL WOULD ALLOW
EXISTING DRIVE-UP'S IN HISTORIC INTEREST AREA 1.1
' c TO RELOCATE WITHIN HISTORIC INTEREST AREA I
Ik-';_���.' WHERE CURRENTLY PROHIBITED, i
PROVIDED THEY WERE UNDER-
, '
7 La a—t
� c j -I GROUND OR SCREENED
✓��� 5;{ X��y�/i IF„`Air{TI ill"_
CURRENT DRIVE-UP ALLOWANCE I
IS LIMITED TO C-1 ZONING
7 q /, r+ i (–� —.T. EAST OF THIS LINE
/ r §,f]]a I (INTERSECTION OF ASHLAND SISKIYOU
. ;,1.
..11 { 1 T r11j .Iy71 Y r` l l f 1' J.
��
r ,p
`
�I Fitt I } r1
Is
Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the
ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street,
Ashland,Oregon.
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue,
precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based
on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed
conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.
A copy of the application,all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost,if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51
Winburn Way,Ashland,Oregon 97520.
During the Public Hearing,the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the
right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so
requests before the conclusion of the hearing,the record shall remain open for at least seven days after the hearing.
In compliance with the American with Disabilities Act,if you need special assistance to participate in this meeting,please contact the City Administrator's
office at 541-488-6002(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to the meeting.(28 CFR 35.102:35.104 ADA Title 1).
If you have questions or comments concerning this request,please feel flea"contact the Ashland Planning Division,541-488-5305.
- «..
AMC 18.108.170 Procedure for Legislat 4mendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform
with.the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely
within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The
Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty
days after the hearing,recommend to the Council,approval,disapproval, or modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission
meeting at which the proposal Is to be first considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing.After receipt of the report on the amendment
from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief
description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the
date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month
period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the
Commission,new evidence or a change of circumstances warrant it.
CURRENT DRIVE-UP REGULATIONS
AMC 18.32.035.E Drive-up uses as defined and regulated as follows
1. Drive-up uses may be approved in the C-1 District only, and only in the area east of a line drawn perpendicular to Ashland Street at the
intersection of Ashland Street and Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan.
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be
grounds for revocation of the approval.
b. All facilities providing drive-up service shall provide at least two designated parking spaces immediately beyond the service window or
provide other satisfactory methods to allow customers requiring excessive wailing time to receive service while parked.
c. A means of egress for vehicular customers who wish to leave the waiting line shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during
the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases.
I. Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland
Municipal Code regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another
location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed 1 per location,
even if the transferred use had greater than one stall.
18 GAco=-dcJAp1aon1nglP1aociog AelionsVoticing FolderWailed Notices&Signs @012@012-00265.docx
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 May 24, 2012 1 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
3 .71,q -0�>�l 5
under each person's name for Planning Action #2944-EE38, Historic Design
C.
Standards.
1
Signa re of Employee
G1comm-devlplanningftrms&HandouWAffidavil of Mailing_Planning Action Nolice.doc
19
PA-2012-00265 DRIVE UP CODE NA-2012-00265 DRIVE UP CODE ,-A-2012-00265 DRIVE UP CODE
WELLS FARGO BANK CHASE BANK U.S. NATIONAL BANK
ATTN. BRANCH MANAGER ATTN. BRANCH MANAGER ATTN. BRANCH MANAGER
67 MAIN ST E. 243 MAIN ST E. 30 SECOND ST N.
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE
UMPQUA BANK CRATER NATL BANK (MFR) MITTLEMAN PROPERTIES
ATTN. BRANCH MANAGER INDUSTRY CONSULTING GROUP FLEAHMAN LEIGH
250 PIONEER ST. N PO BOX 810490 2800 EAST LAKE STREET
ASHLAND, OR 97520 DALLAS TX, 753810490 MINNEAPOLIS MN, 55406
PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE
ASHLAND FOOD CO-OP FIRST INTERSTATE BANK/OR NA VALLEY OF THE ROGUE BANK
ATTN. MGR RICHARD KATZ % THOMSON PROP TAX SVCS 1 COLUMBIA ST STE#1400
237 FIRST ST N. P O BOX 2609 PORTLAND OR, 97258
ASHLAND, OR 97520 CARLSBAD CA, 92018
PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE PA-2012-00265 DRIVE UP CODE
URBAN DEVELOPMENT SVCS. COLIN SWALES ASHLAND DAILY TIDINGS
ATTN. MARK KNOX 143 EIGHTH ST ATTN. VICKI ALDOUS
485 NEVADA ST W. ASHLAND, OR 9752.0 P O BOX 1108
ASHLAND, OR 97520 MEDFORD, OR 97501
Q k�-50 SENT TO ODOT-
�i iT e P A Clc� LAa.cOS�
122{
5-9-2012
Downtown Drive Up Codes
20
f
ASHLAND PLANNING DIVISION
STAFF REPORT ADDENDUM #1
June 12th, 2012
PLANNING ACTION: PL#2012-0265
APPLICANT: Ashland Food Cooperative
LOCATION: C-1- & C-1-D-zoned portions
of the Historic Interest Area
(See Attached Exhibit S-1)
ORDINANCE REFERENCE: 18.08 Definitions
18.32 Commercial (C-1)
18.72 Site Design Review
18.104 Conditional Uses
18.108.170 Legislative Amendments
REQUEST: A proposal to amend the Ashland Municipal Code as it relates to drive-up uses in
Commercial districts. Drive-up uses are currently allowed only as "special permitted uses"in C-1
zoning districts, but only in the area east of a line drawn perpendicular to Ashland Street at the
intersection of Ashland Street and Siskiyou Boulevard. Drive-up uses are explicitly prohibited in the
Historic Interest Area defined in the Comprehensive Plan. The proposal would provide exception
language allowing existing drive-up uses in the Historic Interest Area to redevelop on their existing
sites or relocate to new sites elsewhere within the Historic Interest Area,provided that the relocated
drive-up use would be located predominantly underground or otherwise screened from view from the
public right-of-way.
I. Relevant Facts
A. Background-History of the Application
At the Planning Commission's May 8't', 2012 regular meeting, the public hearing on this
matter was opened. The proposed legislative amendment would change the existing
regulations for drive-up uses to allow existing uses in the commercially-zoned portions of the
city's"Historic Interest Area"to relocate,or remodel on their current sites,without requiring
Conditional Use Permits. Currently, drive-up uses are prohibited in the Historic Interest
Area and the four existing drive-up uses are considered to be non-conforming, so any
substantive modification requires a Conditional Use Permit which provides for a degree of
discretionary review while requiring the Planning Commission to evaluate impacts in
comparison to the target use of the zoning district. As proposed in the amendment, these
uses would be able to relocate or remodel on site with only a Site Review permit provided
that the components of the drive-up use were predominantly underground or otherwise
screened from view.
Planning Actlon PL#2012-00265 Ashland Planning Division—Staff Report Addendum#1
Applicant: Ashland Food Co-Op Drive-Up's In Historic Interest Area
Page 1 of 4
21
t I
The proposed amendment is being initiated by the Ashland Food Co-op,which has expressed
an interest in acquiring the adjacent property at 250 North Street currently owned and
occupied by Umpqua Bank. Their hope is that acquisition of the property and relocation of
the existing bank use would allow them to pursue options for expansion while better
addressing parking issues in the area. However,under the current regulations Umpqua Bank
could not readily relocate in the downtown area if they wanted to retain their existing drive-
up window. With this in mind,the Co-op has initiated the proposed legislative amendment,
suggesting that the proposed amendment would let them begin discussions with Umpqua
Bank, and that on a broader level it might encourage some of the three other banks with
drive-up windows.in the "Historic Interest Area" (Wells Fargo, Chase & U.S. Bank) to
consider redeveloping their sites. It should be noted that the current request is limited to the
legislative amendment which the Co-op hopes would enable further discussion with their
neighbors;there is no proposal for modifications to the existing sites or uses of the Co-op or
Umpqua Bank at this time and any such request would require a separate land use action.
At the hearing,planning staff recommended that if the Commission were supportive of the
amendment, that they include additional design standards and requirements to minimize
potential impacts to the Historic Interest Area.
Following public testimony,Commissioners discussed whether relocation or redevelopment
should be limited to the four existing financial institutions,if more leeway should be allowed
to permit pharmacy drive-up windows, or if there should simply be a restriction that the
amendment would not apply for food-related uses. The Commission also discussed whether
these applications should automatically trigger a public hearing. The Planning Commission
ultimately continued the matter to their June 12` meeting in order to allow for review and
comment on the proposal by the Transportation Commission at its May 24th meeting.
II. Proiect Impact
A. Transportation Commission Review
The Transportation Commission considered the request at its May 24th meeting. Following
testimony and Commissioner discussion,the Commission polled its members as to whether
they were positive,negative or neutral with regard to the proposed legislative amendment.
Two of those present were "neutral to negative", two were "neutral to positive", and one
abstained from the vote. There were no specific concerns expressed through a motion and no
specific recommendations with regard to potential impacts to the transportation system.
Draft minutes of this meeting will be provided at the Planning Commission meeting.
B. Matrix
Staff has prepared a matrix to make clear the current and proposed regulations, and has
attached it as Staff Exhibit S-5.
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report Addendum#1
Applicant: Ashland Food Co-Op Drive-Ups in Historic Interest Area
Page 2 of 4
22
f i
III. Procedural - Required Burden of Proof
18.108.170 Legislative Amendments
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make
other legislative amendments in order to conform with the comprehensive plan or to meet
other changes in circumstances and conditions.A legislative amendment is a legislative act
solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by
application of a property owner or resident of the City. The Commission shall conduct a public
hearing on the proposed amendment at its earliest practicable meeting after it is submitted,
and within thirty days after the hearing,recommend to the Council, approval, disapproval,or
modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first
considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment, the Commission shall hold a public
hearing.Afterreceipt of the report on the amendment from the Commission,the Councilshall
hold a public hearing on the amendment. Notice of time and place of the public hearings and
a brief description of the proposed amendment shall be given notice in a newspaper of
general circulation in the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be
considered by the Commission within the twelve month period immediately following a
previous denial of such request, except the Commission may permit a new application if in
the opinion of the Commission, new evidence or a change of circumstances warrant it.
IV. Conclusions and Recommendations
Based on last month's Commission discussion, staff has slightly revised the previous
recommendations to incorporate the issues raised in terms of requiring a public hearing for each of
these applications and considering limitations on food-related uses. Should the Commission
ultimately wish to forward a favorable recommendation to the Council for the proposed amendment,
Staff would recommend that the following items be incorporated into any ordinance amendment:
• That relocation of the four existing uses or redevelopment of their existing sites in the
Historic Interest Area (HIA) be allowed as a Special Permitted Use within the C-1
and C-1-D zoned portions of the HIA subject to "Type II" Site Review approval.
• That regardless of the number of drive-up windows/lanes in use in the current
location, with a relocation or remodel under this amendment the number of
windows/lanes would be required to be reduced to one.
• That existing approved drive-up uses not currently in use in the HIA would be unable
to be transferred into the HIA. Relocation of existing uses or redevelopment of
existing sites in the HIA would not be permitted for food-or beverage-related
uses, which would remain subject to existing regulations within the HIA.
(May also simply wish to consider simply limiting to financial institutions).
Planning Action PL#2012-00265 Ashland Planning Division-Staff Report Addendum#1
Applicant: Ashland Food Co-op Drive-Up's In Historic Interest Area
Page 3 of 4
23
o That with relocation or redevelopment, drive-up uses only be placed in a basement
or on a non-street facing(other than an alley)secondary building elevation, only
accessed from an alley or driveway, and no components of the
relocated/redeveloped drive-up (i.e. structure, kiosk, window or queuing lane - but
not the driveway component) may be visible from adjacent streets other than an
alley.
• That driveways serving relocated drive-up uses may not enterfrom or exit to a higher
order street frontage or through a primary elevation of the building, and that there is
to be no placement of driveways or queuing lanes between a building and the right-
of-way other than an alley.
• That no demolition of or exterior change to buildings considered to 'be historic
resources be allowed to accommodate the relocation of a drive-up use or
redevelopment of its site through this amendment.
o. That all components of a drive-up use shall be removed within 60
days of discontinuation of the use through transfer, relocation or redevelopment.
o That a ministerial permit be required for the transfer of any
drive-up use when such transfer is not associated with a Site Review
application. Uses which are discontinued without a properly permitted transfer shall
be deemed to have expired after being unused for 12 months.
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report Addendum#1
Applicant: Ashland Food Co-Op Drive-Up's In Historic Interest Area
Page 4 of 4
24
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Region 3
John A.Kllzhaber,M.D.,Governor 3500 NW Stewart Parkway
Roseburg,OR 97470
Phone: (541)957-3692/Fax: (541)957-3547
June 1, 2012 Thomas.Guevara@odot.state.or.us
Derek Severson, Associate Planner
City of Ashland Planning
51 Winburn Way
Ashland, OR 97520
Re: Ashland Food Co-Op Legislative Amendment to C-1 &C-1-D Portions of Historic Interest Area
Mr. Sevenson:
Thank you for sending public notice on the proposed Legislative Amendment to Ashland Municipal Code
Section 18.32.035.E as it relates to drive-up uses in Commercial Districts to allow four existing drive-up
uses within the Historic Interest Area to relocate to new sites elsewhere within the Historic Interest Area.
We reviewed the proposed project and determined it does not significantly affect state transportation
facilities under Oregon's Transportation Planning Rule or Access Management Rule. We have no further
comments at this time.
You may contact me at 541-957-3692 if you have questions or require additional information.
St�Y,
THOMAS GUE ARA JR.
Development Review Planner
26
Pagel of 3
Environment
Co-op seeks loosening of drive-thru rules
Store hopes to buy neighboring land, but under 1984 city law,
bank's drive-thru access could be lost if it moves elsewhere in
the downtown
By Vickie Aldous
Ashland Daily Tidings
June 01, 2012 2:00 AM
An Ashland law that limits drive-thru windows in town has a new and unexpected opponent—the
Ashland Food Co-op.
Adopted in 1984 in an effort to curb vehicle pollution and auto-centric development,the law allows
only 12 drive-thru windows in Ashland. Drive-thru windows were banned in Ashland's historic
downtown area, except for four that already existed and were grandfathered in.
The idea was that those four drive-thru windows might someday disappear as the properties changed
uses.
The co-op,which is located in the historic downtown area, doesn't want a drive-thru window for itself.
But the busy grocery store—which often has a jam-packed parking lot—is interested in purchasing
the property next door that houses Umpqua Bank. The co-op could then expand its parking area,
according to city planning documents.
A deal between the co-op and bank is unlikely unless Umpqua can get city approval for a drive-thru
window within the historic downtown area.
The co-op has proposed a change in the law to allow relocating the four grandfathered drive-thru
windows in the historic downtown. To minimize visual impacts, the drive-thru facility would have to
be located mainly underground or be screened from view from public streets.
Under the proposal,the four downtown sites that have drive-thru windows could also be remodeled
without going through an onerous and risky planning process, as would be required now.
The other eight drive-thru windows in Ashland already can be transferred between users and locations,
as long as they remain southeast of the intersection of Siskiyou Boulevard and Ashland Street,
clustered mainly in the business area around Exit 14.
Co-op General Manager Richard Katz emphasized that the store has no deal in place with Umpqua
Bank, but an easing of the city's restrictions on downtown drive-thru windows could open the door for
productive negotiations.
The co-op moved to its current site at 237 N. First St. in 1993, before the area saw a flurry of
27
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Page 2 of 3
development,Katz said.
"We felt we had found a neighborhood that would accommodate us," he said.
As time went on,the neighborhood got more crowded as businesses sprouted along nearby A Street
and downtown workers in Main Street and Lithia Way businesses began using the neighborhood for
parking, Katz said.
The co-op's business also boomed,to the point where it now serves more than 3,000 customers per
day,he said.
"We didn't know how successful we would be. The response to our store has been fantastic," Katz
said. "We probably have one of the most popular and well-used parking lots in town."
In customer surveys,parking is listed as their biggest concern, he said.
The co-op has looked at relocating or using valet or remote parking, but those ideas aren't very
feasible, he said.
The co-op began discussions with Umpqua Bank six years ago,but bank officials have been concerned
about losing their drive-thru window if they moved the branch to a different downtown location,Katz
said.
Katz said allowing the relocation of downtown drive-thru windows and easing the remodeling process
for the four bank properties with windows could ultimately improve Ashland's appearance.
U.S. Bank is an example of modem International Style and contributes to Ashland's historical heritage,
but Wells Fargo,Umpqua and Chase are not historically compatible with the downtown, according to
planning documents.
In fact, the historic Ashland Hotel, a grand turreted structure that dominated a full block downtown,
was razed in 1961 to make way for the plain, flat-roofed Wells Fargo building, according to planning
documents.
Katz said the bank buildings are prime candidates for renovations that could make them more
attractive and historically compatible with the downtown area.
The proposal to loosen city rules on the downtown drive-thru windows has recently g6ne before the
Planning Commission and Transportation Commission, and is due back before the Planning
Commission in June.
Some commissioners have voiced support for elements of the proposal, such as easing the banks'
ability to remodel their properties, but have raised concerns about other aspects, including the
increased chance that the drive-thru windows would stay in operation indefinitely in the downtown
area, rather than fading away over time.
Planning staff members have recommended rules to minimize impact. The rules would include that the
facilities be located primarily underground, be accessible only from a driveway or alley and not be
visible from any adjacent streets.
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Page 3 of 3
The Planning Commission will take up the issue again at 7 p.m. June 12 in the Ashland Civic Center
Council Chambers, 1175 E. Main St. The issue could go before the Ashland City Council for a final
decision in mid-July, according to city staff.
Staff reporter Vickie Aldous can be reached at 541-479-8199 or vlaldous @yahoo.com.
29
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I i
ASHLAND TRANSPORTATION COMMISSION
DRAFT MINUTES OF AGENDA ITEM: DRIVE-UP USES
MAY 24,2012
Drive-up Uses:
Type III PLANNING ACTION:#2012.00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-&C-1-D-zoned portions of Ashland's"Historic Interest Area"
REQUEST: A proposal to amend the Ashland Municipal Code(AMC 18.32.035.E)as it relates to drive-up
uses in Commercial districts, Drive-up uses are currently a special permitted use in the C-1 zoning district,
but only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street
and Siskiyou Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as
defined in the Comprehensive Plan.The proposed legislative amendment is to provide exception language
which would apply only to existing drive-up uses within the Historic Interest Area and would allow them to
relocate to a new site elsewhere within the Historic Interest Area provided that they are located
predominantly underground or otherwise screened from view from the public right-of-way.
Staff Report
Senior Planner Brandon Goldman introduced the planning action as a land use application which is a legislative
amendment to the code previously referenced and would set forth standards that would be applied to drive-up uses
within the historic district. He explained the current code limits 12 drive-up uses within the city of which four are
financial institutions located within the historic district. The businesses that would be impacted by the proposal of the
applicant and subsequently subject to new requirements if approved by Council are: Wells Fargo Bank(67 E Main),
U.S.Bank(30 N Second),Chase Bank(243 E Main)and Umpqua Bank(250 N Pioneer).
Mr Goldman explained the applicants presented the concept to the Transportation Commission at the pre-application
stage prior to drafting the code.The Planning Commission opened the public hearing on the proposed ordinance
amendment at their May 8,2012 meeting and felt it would be beneficial to hear input from the Transportation
Commission before making a formal recommendation to Council on June 12,2012.
Mr.Goldman stated issues that came up during the staff evaluation were addressed on page 9 of 9 in the staff report
section of the application. He noted in particular staff recommended criteria of approval specifically related to
transportation read:
That driveways serving relocated drive-up uses may not enter from or exit to a higher order street frontage
or through a primary elevation of the building,and that there is to be no placement of driveways or queuing
lanes between a building and the right-of-way other than an alley.
He added the proposal intends to change the code so if one of the four institutions were to relocate elsewhere within
the historic district they would be able to do so. Currently there is a prohibition on new drive-ups within the historic
district.The code amendment would allow drive-ups when relocating;but would not increase the number allowed.
Questions of Staff
The following questions and comments were issued to staff:
• The existing policy would hopefully phase out drive-up uses in the downtown area and yet the staff report
states more general discouragement of auto-centric uses in order to maintain the downtown historic districts
character. Is the policy/staff discouraging auto drive-up uses?
Staff stated all buildings would be subject to the historic design standards and staff will look at relocating,
not increasing the number of drive-up uses.
• Commissioner questioned existing and new gas stations under the purview of this proposal.
Staff stated drive-up uses are separate and distinct from automobile fuel sales.
a What if a fast food restaurant bought one of the downtown area buildings with an existing drive-up?
30
I �
Staff stated they could do so under the existing code, but would have to go through a conditional use permit
and site review.
• Comment was made concerning the language stating the Transportation Commission had previously heard
and commented on the application.This is a misstatement as they have heard,but have not deliberated on
it. Suggestion was made to provide information to the Conservation Commission as it pertains to emissions
and could affect their mission policy.
Staff responded it is not an application for the Ashland Cooperative(Co-op)to expand parking;ft is an
application for an ordinance change.
• Commissioners commented the ordinance change is driven with future parking in mind.
Staff added it is a separate issue;if this application is approved it does not automatically approve the
location of additional parking. Mr. Goldman explained it is a legislative amendment proposed by an
applicant and described the process for application approval.
• Will there always be four downtown drive-up uses?
Staff stated four or less. Staff added at six months of non-use, the drive-up use can expire.
• Questioned zoning of the Co-op and Umpqua Bank.
Staff deferred question to the applicant.
• What is the city policy on encouraging large scale surface parking in this type of zone?
Staff explained parking requirements are based on the use, and to discourage large expansive lots the city
has a cap of 10%of the square footage of a building which cannot be exceeded.
Commissioner Hammond left the meeting at 6:54 p.m.
Applicant's Presentation
Mark Knox,Urban Development Services,Applicant's Representative addressed the commission. He stated in
general the goal is not to increase the number of drive-ups uses, but to look at a variety of comprehensive plan
policies. The goal would be to identify a system and include language that would allow and encourage redeveloping
of the existing drive-up properties. He encouraged questions and feedback from the Transportation Commission.
Richard Katz,General Manager of Ashland Food Cooperative addressed the Commission. Mr, Katz stated the
Co-op moved to the location 20 years ago and described it as a mostly residential area at that time.The business
has tripled in the last 10 years causing the need to expand and accommodate parking issues to meet the needs of
the Co-op's patrons. He added half of the citizens of Ashland are not only shoppers,but are owners of the Co-op. He
acknowledged the concern of emissions that are caused by patrons idling and driving around looking for a place to
park. He shared his vision of how the Co-op would utilize the Umpqua Bank property if they were able to occupy the
space.
Questions of Applicant
• Is the goal for redevelopment of the existing drive-up businesses driven by the need, aesthetically,to
conform architecturally to the character of downtown,i.e. redeveloping as banks,but with a different look?
Applicant stated the goal was to accomplish all the existing codes in place,including discouragement of
auto-centric uses.
• Would a change to the ordinance affect existing drive-up businesses retroactively or only if redeveloped?
Applicant and staff stated only if redeveloped.
Rebuttal by the Applicant
Mark KnoxlClarified and emphasized the conclusions and recommendations of the Planning Commission as
illustrated on page 8 and 9 of the packet provided.
Deliberations and Decision
Chair Young felt it was onerous for the commission to make thoughtful suggestions or decisions without the benefit of
the Planning Commission's ideas prior to the meeting. Commissioner Swales stated the purview of the
Transportation Commission was to focus on the transportation system plan and the multi-modal future and
31
1 I
encouraged the Co-op and Planning Commission to look at creative options that would support the mission.
Chair Young asked the commissioners to express their decision on the ordinance change as being net negative, net
neutral or net positive. Commission Swales, negative;Commissioner Ryan,negative;Commissioner Gardiner,
neutral;Commissioner Vieville, in between neutral and negative;and Chair Young,neutral,slightly positive.
SOU Student Liaison, Honore Depew commented on the vague language of the amendments to the ordinance which
could potentially provide loopholes and cause potential abuse.
Chair Young summarized the majority of the Commission as leaning negative to neutral. He added Mr.
Depew's comment was neutral,although he is not a voting member but wanted to acknowledge his comment.
Mr. Goldman stated the events of the meeting will be forwarded to the Planning Commission and added if the
commissioners had any further comments specifically related to the suggested criteria for approval,they should
submit them prior to June 12,2012.
Prior to the conclusion of the meeting Commissioner VI6vllle withdrew her neutral negative position and
changed it to an abstention as she had not read the packet due to technical difficulties with her document
reader and the City's pdf format.
32
ASHLAND TREE COMMISSION
PLANNING APPIICATION REVIEW COMMENT SHEET
JUNE 7, 2012
PLANNING ACTION: PA-2012-00575
SUBJECT PROPERTY: 1155 East Main Street
APPLICANT: City of Ashland/Ashland Police Department
DESCRIPTION: A request for Site Review approval to construct a 3,016
square foot addition and associated site improvements for the Ashland Police Department.
located at 1155 East Main Street. This addition is the first phase of a multi-phase project
over the next five years; subsequent phases will include a 1,975 square foot addition,
additional parking, and site improvements to bring the site more in line with current
standards.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP#: 39 lE 10; TAX LOT#: 900
Recommendation: .
1) The Commission recommended that tree#50 be preserved
2) The Commission also recommended that a two more trees be planted in the
western planting strip abutting the residential zone to the west.
Department of Community Development Tel:541488.5350 CITY OF
51 n Way Fax:541552-2050
Ashland.O regon 97520 TTY: 800-135-2900 ASHLAND
%v% w.ashlandor.us
33
RECEIVED
June 9,2012 JUN 1 1Ui2
Dear Ashland Tidings/Mail Tribune:
As a loyal Ashland Food Co-op member and shopper, I am very disturbed that the Co-op
is spending so much time, effort, and money trying to change the local drive-thru banking
law.
First, I would have thought that online banking is fast making drive-thru banking
obsolete.
Second, contrary to the Co-op's constant talk of sustainability, an auto-centric approach
to life is clearly NOT sustainable. Instead of supporting more cars,more driving, and
more pollution-- especially in the historic downtown area--the Co-op should be
encouraging sustainable ways of getting around.
I usually bike to the Co-op,but when I drive there, I never have to park more than a block
away. For health-conscious Ashland,walking one block should not be a problem, and in
fact,might be a very good idea. For those who can't walk,handicapped parking is
available right outside the Co-op's door.
Third,the cost of building underground anything, let alone bank drive-thrus,would seem
to be prohibitive,as well as ridiculous for a town the size of Ashland.
I would like to see my Co-op drop its fixation on parking and place that energy on the
more appropriate areas of good,healthy food; sustainable,healthy agricultural practices;
sustainable modes of transportation; and community-building.
Julia Sommer
Ashland'
cc: Ashland Food Co-op,'Ashland Planning Commission
34
April Lucas
From: Colin Swales[colinswales @gmail.comj
Sent: Tuesday, June 12, 2012 9:48 AM
To: April Lucas
Subject: Co-Op Ordinance Change.
April,
I saw in the PC's packet a copy of the recent Tidings article by Vickie Aldous
Co-op seeks loosening of drive 4hru [sic] rules
Store hopes to buy neighboring land, but under 1984 city law, bank's drive-
thru access could be lost if it moves elsewhere in the downtown":
Since then there has been even more newspaper coverage (and comments) - including 2 letters just
today.
Could you please make a hard copy for all commissioners - as not all get email - and also add the
following to the "Record" for this planing action?
thanks
Colin
Tidings Editorial
Posted: 2:00 AM June 08, 2012
The Ashland Food Co-op's proposal to change the city's no-new-drive-thrus ordinance to
free up parking strikes us — and others — as counterintuitive for a business associated
with buzzwords such as "green," "sustainable" and "locavore." The city should proceed
with extreme caution.
The ordinance in question dates back to 1984. it limited the total number of drive-thrus
citywide to 12, and banned them from downtown entirely except for four existing drive=
thrus that were grandfathered in.
City leaders expected and hoped that the downtown drive-thrus eventually would go
away, never to return. That hasn't happened. All four are operated by banks — US
Bank, Chase, Wells Fargo and Umpqua.
Enter the Co-op, which gets frequent complaints from customers about insufficient
parking at busy times of the day. Co-op management would like to cut a deal to buy the
Umpqua Bank property next door, allowing the Co-op to expand its parking.
1
35
But the drive-thru ordinance wouldn't allow Umpqua to move to another downtown
location and keep its drive-thru. So the Co-op wants the city to amend the ordinance.
The proposal would allow the four grandfathered drive-thrus to relocate, as long as they
were moved underground or screened from view from nearby streets. The proposal also
would let the banks remodel their buildings without going through a complicated
planning process
Co-op General Manager Richard Katz says that could make the buildings more attractive
and historically compatible with the rest of the downtown district.
That sounds good. But if the city's intent is still to see the drive-thrus eventually
disappear, easing remodeling rules and letting them relocate will only ensure they will
never leave.
A bank that pays to put its drive-thru underground isn't likely to abandon it anytime
soon.
The drive-thru issue aside, it is worth asking if the Co-op is adhering to its own
principles in addressing the problem of an overcrowded parking lot, or if it is taking the
path of least resistance rather than looking for creative solutions.
The Co-op website indicates the business has adopted an approach called The Natural
Step, featuring "The Four Principles of Sustainability." The first of those is to "eliminate
our contribution to the progressive buildup of substances extracted from the Earth's
crust (for example, heavy metals and fossil fuels)."
If the Co-op's No. 1 sustainability goal is to reduce the use of fossil fuels, expanding the
parking lot would seem to be exactly the wrong way to go about it.
Comment:
Rafferty
This is great! This letter brings up some very valid points. Does anyone think the "drive anywhere you
go" SUV-toting, retiree transplants care much about environmental stewardship? Many are in denial,
but these folks are quickly becoming the majority in this town, so the extended parking lots will be in
our future along with other regressive changes. Though they think they're fighting the power just by
shopping at the co-op, philosophically they aren't much different from other quasi conservative exiled
suburbanites. Does anyone think that law from the 1980s anticipating growing auto-centric
development could be passed by the city council today? I seriously doubt it. For those willing to walk
a block or two, there's always parking in the neighborhood.
juliamsommer
agree whole-heartedly. Well done!
Posted: 2:00 AM June 06, 2012
Some perspective on drive-through
3s
The genesis of Ashland's drive-through-window ordinance wasn't pollution (as
reported), it was about community engagement: The more we get out of our cars, the
more we interact, window shop and potentially buy from local businesses. Further,
restrictions help keep fast-food chains out of the downtown, so beware of what you
wish for.
Important to the discussion is that the A Street neighborhood was taking off long before
the Co-op moved in. Further, its previous location, near US Bank, enjoyed more
revenue per square foot than any co-op in America (according to Co-op Banks of
America), so how could they possibly be surprised at current business volume?
Besides, parking isn't the problem; layout of the parking lot is (as noted during the
planning process). The deal is, the Co-op board eschewed the empty Cantwell's Market
location and the bank sweetened the package to win them over. Decisions were made:
live with it.
Besides,.there's plenty of parking nearby in underused lots where the Co-op should
purchase use of existing space. Patrons can also help by bundling their errands or
walking to do their shopping. And the Co-op could encourage off-hour shopping by
offering 10 percent discounts between 5 and 8 p.m. when the bank is closed.
Catherine M. Shaw
Posted: 2:00 AM June 06, 2012
Money will change drive-through rule
I'm confident the Ashland Food Co-op will have no difficulty working with the city of
Ashland and Umpqua Bank to develop more parking spaces for the many SUVs currently
occupying the Co-op's small, crowded parking lot (Tidings, June 1).
Big money talks. The city will approve a drive-thru window in the downtown area for
Umpqua Bank — and all will be well here in DeBoerville.
I suggest that both parking lots be painted green — in keeping with the local
progressive attitude toward sustainability. In this way, Ashland's reusable-cloth-bag
liberals can brag about the greenness of their Co-op. It makes perfect sense.
Robert Simms
Ashland
Posted: Z:00 AM June 07, 2012
3
37
Food Co-op should promote ride-share
I am responding to "Ashland Co-op proposes change to drive-through law" by Vickie Aldous. As a
member/owner of the Ashland Food Co-op, I would like to see the Co-op put as much effort into
promoting a ride-share among its members and Rogue Valley Transportation District use as it does
toward trying to secure the use of more parking spots.
Allowing Umpqua Bank to transfer the location of its drive-through window seems reasonable and
fair, but is only a short-term fix. As the Co-op continues to grow in operation, it will continue to
perpetuate an ever-increasing need for more parking space. Just as it responded to the values of its
membership when it ceased single-serving water bottle sales, I believe that the Co-op should lead
the way toward reduced dependence upon cars.
Cynthia Parkhill
Middletown, Calif.
xx��+�>:texx•x+x•:t�:t�z:t:r�z�:e�z�xx���a�«�x e:t�<x•axxxxx>xx�x�a�x�x
Posted: 2:00 AM June 12, 2012
Drive-thrus serve important purpose
In 1984 when the issue of drive-up windows was debated in Ashland, the average age
of Americans was less than today, and most of the decision makers in the drive-up
window deliberations still had many more years of vigorous activity.
It was a credit to the community that the issue was debated, but with the passing years
and the aging of Ashland's population and with the accompanying disabilities associated
with age, the reality is that some drive-up windows, particularly for essential services
such as banking, have a valid place. Sometimes it is too painful, difficult, risky (such as
in icy conditions), or inconvenient for people to park and walk into a bank or other
business.
And sometimes, with kids in the car, it is difficult for parents to shepherd active kids or
carry a sleeping child into a restaurant to buy food.
The issue then becomes how many drive-up windows do we want, and once installed,
do businesses get.to move the windows? The ordinance limiting the amount of drive-up
windows has served Ashland well. Perhaps there should be a tax on the sale or
exchange of them or the issuing of them to pay for non-automobile transportation
improvements. And since it seems we should keep some drive-up windows, we probably
ought to allow them to be moved.
Brent Thompson
$a
Ashland
Co-op should drop fixation on parking
As a loyal Ashland Food Co-op member and shopper, I am very disturbed that the Co-
op is spending so much time, effort and money trying to change the local drive-thru
banking law.
. First, I would have thought that online banking is fast making drive-thru banking
obsolete.
Second, contrary to the Co-op's constant talk of sustainability, an auto-centric approach
to life is clearly not sustainable. Instead of supporting more cars, more driving, and
more pollution — especially in the historic downtown area - the Co-op should be
encouraging sustainable ways of getting around.
I usually bike to the Co-op, but when I drive there, I never have to park more than a
block away. For health-conscious Ashland, walking one block should not be a problem,
and in fact, might be a very good idea. For those who can't walk, handicapped parking
is available right outside the Co-op's door.
Third, the cost of building underground anything, let alone bank drive-thrus, would
seem to be prohibitive, as well as ridiculous for a town the size of Ashland.
I would like to see my Co-op drop its fixation on parking and place that energy on the
more appropriate areas of good, healthy food; sustainable, healthy agricultural
.practices; sustainable modes of transportation; and community-building.
Julia Sommer
Ashland
**********************************************
s
39
Deliberations and Decision
Commissioner Mindlin stated she does not want to turn down the application, but is not confident that the applicants have met
the exception criteria. Commissioner Dawkins stated this development will be a step in the right direction in the overall
development of the shopping center,however he encouraged the property owners to provide a way for nearby residential
patrons to cross over to this property. He added the subject lot size is only 3/10 of an acre short of qualifying for the shadow
plan option and does not want to halt the redevelopment of this area. Commissioner Mindlin stated she could be supportive of
this application if: 1)references to the shadow plan are removed from the findings and instead they acknowledge that they are
granting the applicants a lower FAR;and,2)they modify Condition#8 to state:"That future land use applications shall address
the Floor Area Ratio standard and circulation plan...".Support was voiced for the modifications proposed by Mindlin,
Commissioner Marsh commented that this application illustrates the importance to dealing with this area in a comprehensive
manner and no her desire to work and collaborate with the property owners. She also voiced her opinion that exception
driteria'B'applies to this project and stated this is the first step towards a larger redevelopment project that will.move this
shopping center towards the desired FAR.
Staff requested clarification about the circulation plan component. Commissioner Mindlin stated she does not feel compelled to
make this more specific and believes the applicants understand what the Planning Commission is looking for.Ms.Gunter
indicated Condition#8 would be revised as indicated and would also specify the map and tax lot numbers as previously
discussed.
Commissioners Dawkins/Mindlin mis to approve PA-2012.00018 with conditions as stated during discussion.
DISCUSSION: Ms.Gunter clarified the condition modifications include the revision to Condition#8 as discussed and the
addition of Condition#10 regarding the landscaping and irrigation plan. Roll Call Vote:Commissioners Mindlin, Dawkins,
Heesacker, Kaplan, Brown and Marsh,YES. Motion passed 6.0.
B. PLANNING ACTION:#2012.00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-&C-1-D-zoned portions of Ashland's"Historic Interest Area"
REQUEST: A proposal to amend the Ashland Municipal Code(AMC 18.32.035.E)as It relates to drive-up uses In
Commercial districts.Drive-up uses are currently a special permitted use in the C-1 zoning district, but only in the
area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou
Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as defined In the
Comprehensive Plan.The proposed legislative amendment Is to provide exception language which would apply
only to existing drive-up uses within the Historic Interest Area and would allow them to relocate to a new site
elsewhere within the Historic Interest Area provided that they are located predominantly underground or otherwise
screened from view from the public right-of-way.
Staff Report
Associate Planner Derek Severson explained the request before the Commission is a proposal to modify the regulations in the
C-1 and C-1-D districts relative to drive-up uses in the Historic Interest Area. Mr. Severson reviewed the existing regulations and
stated drive-up uses are currently prohibited in the Historic Interest Area.He explained this proposal would modify Section
18.32.025.E to read:
"Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan;except that drive- .
up uses already existing and located within Ashland's Historic Interest Area may be relocated to another property
or site within Ashland's Historic Interest Area subject to the following additional requirement.
a. Existing drive-up uses within Ashland's Historic Interest Area seeking to relocated to another site or property
within Ashland Historic Interest Area must be either underground drive-up uses or drive-up uses that are
predominately screened, as defined in Section 18.08.805.
Mr.Severson stated the applicants are also proposing to define underground drive-up uses as: "Underground Drive-up Uses are
located within the underground portion of a building where a majority of the drive-up facilities,such as the teller window orATM
Ashland Planning Commission
May 8, 2012
Page 3 of 6
40
kiosk, are either located underground or are predominately screened and have limited visibility from the adjacent public right-of-
way. Underground drive-Up Uses within the Ashland Historic Interest Area shall be subject to Type 11 review.°
Mr. Severson explained the Ashland Historic Interest Area consists of the four historic districts in town(Skidmore Academy,
Downtown, Railroad, Siskiyou/Hargadine),and the four drive-up uses that would be impacted by this proposal are Umpqua
Bank(250 N Pioneer),Wells Fargo Bank(67 E Main), U.S. Bank(30 N Second),and Chase Bank(243 E Main). Mr. Severson
reviewed the policies and standards that have been adopted that discourage drive-up use and asked whether the Planning
Commission would support a change in policy as a means to encourage relocation and redevelopment of these four uses;and if
so,does the Commission support the request as submitted or wish to impose additional performance standards as outlined in
the staff report and supported by the Historic Commission.
Questions of Staff
The following comments and questions were issued to staff:
Comment was made questioning why they would want to force the drive-ups underground,since underground entries
can be more disruptive than a driveway leading to a window.
• Umpqua Bank currently has three drive-up stalls, if they were to relocate would the city limit the number of stalls?Mr.
Severson clarified at the time of transfer the new location would be only be granted one stall.
• What is the difference between a conditional use permit and the process for obtaining a special permitted use?Mr.
Severson clarified the conditional use process provides more discretion and allows the Commission to compare the
propose use with the target use of the zone.
What is the difference between a Type II and Type III Planning Action?Mr. Severson clarified the City Council makes
the final decision on Type III actions.
• Comment was made expressing concern with limiting the number of drive-up uses in town;with the recent talk of the
gentrification of Ashland's residents,there may be a need for drive-up pharmacies in the downtown.
Applicant's Presentation
Mark Knox,Applicant's Representative and Richard Katz,General Manager of Ashland Food Cooperative addressed the
Commission. Mr. Knox stated they have been working on this proposal for over a year and have had lots of dialogue with City
staff. He stated this is a straightforward,good idea and the two main objectives are to encourage redevelopment of the existing
drive-up sites in the Historic Interest Area and allow some flexibility to relocate a drive-up use. He added they are not
suggesting an increase in the number of allowed drive-up uses,but rather the ability to improve the sites that are already there.
Mr. Knox stated this amendment would be a tune-up of an ordinance that has been working well, but has created a lockdown on
these four sites.He spoke against the conditional use permit process and stated this process is too subjective and as a result
the owners of these properties are not willing to attempt it. He commented on the City's desire to be pedestrian friendly and
believes this proposal will allow these four sites to be improved.
Mr. Katz stated the Ashland Food Cooperative has been in Ashland for 40 years,they employ 160 people,sold$27 million in
products this year, and are one of the larger employers in Ashland. He added half of the citizens of Ashland are not only
shoppers, but are owners of the Co-op. He explained most everyone agrees there is a parking issue at the store,and overall
congestion in the railroad area. He stated there is almost a constant gridlock of cars idling for parking spaces and it is not a
good situation.Mr. Katz stated they have looked at many alternatives, and they believe if Umpqua Bank had the ability to
relocate in the downtown,this would free up some needed space for the Co-op. He stated the bank has expressed interest in
this idea,but they do not want to relocate outside of the downtown area. He stated this is an awkward position for the Co-op,but
this is the only step they can take. He added the bank properties downtown are eyesores,and there is currently no initiative for
them to do something different. He voiced his support for this proposal and believes this is a win-win situation.
Ms. Knox noted the Q&A in the packet materials explain the intent and what they think will happen.He stated they believe they
are on the right track with this amendment and would like the approval process to be less subjective and contain more tangible
criteria.
Public Testimony
Colin Swalesl143 Eighth Street/Stated he has never seen a legislative amendment from a private party and it appears a
private party is trying to change our planning laws for their benefit. Mr. Swales clarified he is a member of the Transportation
Ashland Planning Commission
May 8, 2012
Page 4 of 6
41
Commission but is speaking on his own behalf.Mr. Swales stated the Transportation Commission is required to comment on
Type III Actions at the pre-application level, and he was looking forward to this application coming forward at a regular meeting.
However when it did come before them,it was under Public Forum and not as a discussion item.Mr. Swales requested the
Planning Commission postpone this action until the Transportation Commission has had a chance to review this application. He
questioned the need for bank drive-up lanes and stated the laws were adopted to cut down on auto-centric uses in the
downtown core. He stated even if the Co-op was able to acquire the bank's parking,they are not allowed to exceed the required
parking by more than 10%,and he is not sure how this amendment would help their situation.
Rebuttal by the Applicant
Mark Knox/Clarified citizens are permitted to request legislative changes and he believes this proposal will help solve the non-
confirming issues of the downtown drive-up sites. He stated the current regulations have locked these banks in and it is short-
sighted to think these sites will improve on their own.Mr.Knox voiced his support for additional public input,however does not
want to delay this action from moving forward. He suggested the Planning Commission move forward with their deliberations
and for the Transportation Commission to review this action before it is presented to the City Council.
Questions of Staff
Mr. Molnar confirmed there is a code provision that allows an applicant to exceed the parking requirement by 10%;however,the
property could apply for a parking variance. He added most people would agree that parking is in high demand in that area.
Commissioner Brown commented that underground and above grade parking has the tendency to create skateboard ramps,
and there may be a need for a barrier at the sidewalk level when the bank is closed. He added he would not support
underground drive-ups for a community this small and with such an established walking relationship.
Mr. Molnar commented there is a clear history of policies that discourage drive-up uses,and it boils down to redevelopment vs.
relocation. He stated redevelopment is possible, however the applicants must obtain a conditional use permit. He stated if the
Commission believes this process is too onerous,they could choose a process like the applicants have recommended. He
stated with the issue of relocation,right now that is prohibited. He added if the Commission believes that should be changed,
what would be the appropriate approval process—Conditional Use Permit or Site Review?
Commissioner Dawkins stated he is reluctant to send this on to Council and wishes this had been vetted more thoroughly
through the Transportation Commission before it came before them. He stated an action of this magnitude warrants more public
input and he does not support moving it on to Council as this point.Commissioner Brown questioned why the Transportation
Commission would have a major impact on this issue,since the concerns are regarding the site itself and not the traffic.
Commissioner Heesacker stated if nothing else,sending this back to the Transportation Commission will allow the public more
time to review this and provide comment.Commissioner Marsh stated there appears to be general agreement that they want
input from the Transportation Commission, but added they can still hold general discussion on this action and bring it back at
their next meeting.
Commissioner Mindlin stated the applicants have a goal for their store,and there is nothing wrong with that,and it would benefit
the community to keep the Co-op downtown.She stated this proposal raises some important issues regarding the potential to
redevelop those sites and create a better environment. Commissioner Kaplan stated anything they could do to foster
redevelopment of those businesses would be a positive,and noted they would be keeping the same number of drive-ups.
Commissioner Dawkins commented that they are not getting enough public input about what the negatives might be. He agreed
that the redevelopment opportunities are good, but would like to hear more from the public.
The Commission continued their general discussion of this action.Support was voiced for limiting relocated drive-ups to a single
lane,and the question was raised regarding whether this proposal should be limited to financial institutions.Commissioner
Heesacker stated his opinion that it should not be limited to banks;and suggestion was made to exclude food uses. The
Commission also discussed and agreed these actions should require a public hearing before the Planning Commission.
Mr. Molnar clarified staff would take this issue before the Transportation Commission and it would come back for deliberations
and decision at the Commission's June meeting.
Ashland Planning Commission
May 8, 2012
Page 5 of 6
42
Commissioners Brown/Dawkins mis to continue the public hearing to June 12,2012.Voice Vote: all AYES.Motion
passed 6.0.
OTHER BUSINESS
Commissioner Dawkins recommended they hold all future annual retreats on the first Saturday in May, and stated he would
bring this up at the next meeting when they select their officers.
ADJOURNMENT
Meeting adjourned at 9:30 p.m.
Respectfully submitted,April Lucas,Administrative Supervisor
Ashland Planning Commission
May 8, 2012
Page 6 of 6
43
City of Ashland
Planning Exhibit
HISTORIC COMMISSION ex"'a'T I —C)
PA# Y.- C t.,2„vim
Meeting of May 2, 2012 ^TE (zSrpps
PLANNING APPLICATION REVIEW
PLANNING ACTION: 2012-0265
APPLICANT: Ashland Food Cooperative
LOCATION: C-1- & C-1-D-zoned portions of the Historic Interest Area
REQUEST: A proposal to amend the Ashland Municipal Code as it relates to drive-up uses in
Commercial districts. Drive-up uses are currently a special permitted use in the C-1 zoning
district, but only in the area east of a line drawn perpendicular to Ashland Street at the
intersection of Ashland Street and Siskiyou Boulevard. Drive-up uses are currently explicitly
prohibited in the Historic Interest Area as defined in the Comprehensive Plan. The proposal is
to provide exception language which would apply only to existing drive-up uses within the
Historic Interest Area and would allow them to relocate to a new`site elsewhere within the
Historic Interest Area provided that they are located predominantly underground or otherwise
screened from view from the public right-of-way.
Recommendation to Planning Commission:
The Historic Commission recommends supporting the proposed amendment with the addition
of more detailed performance standards which would be considered as part of the Site Review
process including the proposed language which allowed for relocation and redevelopment
when compliant with the new standards.
Department of Community Development Tel:541488-5305
20 East Main 541-552-2050
Ashland,Oregon TTY;97520 TTY: 800-735.2900
www.ashland.orms
44
/8/72 '.Ity of Ashland,Oregon-Munlclpal Code
1 ( ,
2.13 Transportation Commission Io City of Ashland
Planning Exhibit
2.13.010 Purpose and mission
L ITArr V .
A. Role. The Transportation Commission advises the City Council on transportation related
issues specifically as they relate to safety, planning, funding and advocacy for bicycles,
transit, parking pedestrian and all other modes of transportation.
B. Mission. The need for a Transportation Commission is emphasized in the
Transportation Element:
"Ashland has a vision—to retain our small-town character even while we grow.
To achieve this vision, we must proactively plan for a transportation system that
is integrated into the community and enhances Ashland' s livability, character
and natural environment. ...The focus must be on people being able to move
easily through the city in all modes of travel. Modal equity then is more than just
a phase. It is a planning concept that does not necessarily imply equal financial
commitment or equal percentage use of each mode, but rather ensures that we
will have the opportunity to conveniently and safely use the transportation mode
of our choice, and allow us to move toward a less auto-dependent community." /
(Ord 2975, 2008;Ord 3003;2010)
2.13.020 Established-membership
A. Voting Members. The Transportation Commission is established and shall consist of nine
(9) voting members as designated by the Mayor and confirmed by the council. Voting
members will all be members of the community at large and will represent a balance of
interest in all modes of transportation.
B. Non-voting Ex Officio Membership. The Director of Public Works or designee shall
serve as the primary staff liaison and as Secretary of the Commission. Including the staff
liaison, there will be twelve (12) total non-voting ex officio members who will participate as
needed and will include one member of the Council as appointed by the Mayor, Community
Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools,
Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks
and Recreation, Jackson County Roads, Airport Commission.
(Ord 2975, 2008;Ord 3003;2010)
2.13.030 Powers and Duties - Generally
The Transportation Commission will review and make recommendations on the following
topics as it relates to all modes of Transp4o5 tation:
shland.or.us/CodePrintasp7Branch=True&CodelD=3767 it
18112 City of Ashland,Oregon-Municipal Code -
1. Safety:will`.velop, coordinate and promote transpor.ation safety programs;
2. Planning:
* Will review and serve as the primary body to develop recommendations to
the City' s long range transportation plans.
* Will review and make recommendations in Type III Planning Actions during .
the pre-application process.
3. Funding: will make recommendations to the City' s transportation section of the
Capital Improvements Program;
4. Advocacy: will advocate and promote all modes of transportation to make modal
equity a reality.
* Facilitate coordination of transportation issues with other governmental
entities.
* Select one or more member liaisons to attend and participate in meetings with
other transportation related committees in the Rogue Valley.
* Examine multi-modal transportation issues.
(Ord 2975, 2008;Ord 3003, 2010)
2.13.040 Powers and Duties - Specifically
The Transportation Commission will review and forward all traffic implementation regulations to the
Public Works Director for final approval and implementation of official traffic safety and functional
activities.
(Ord 2975, 2008; Ord 3003, 2010)
2.13.050 'traffic Sub-Committee
A. Purpose. The purpose of the Traffic Sub-Committee is to enable the
Transportation Commission to focus on broad transportation concerns by
reducing the number of routine and general non-routine traffic items that come
before the full Commission and to insure the Transportation Commission will
have sufficient time to devote their full attention to the overall transportation
matters at issue.
B. Membership. The Traffic Sub-Counmittee is established and consists of
three regular members of the Transportation Convnission who shall sit
46
shland.or.us/CodePrint.asp7Branch=True&Code ID=3767 21
CITY OF
-ASHLAND
TRANSPORTATION COMMISSION
Thursday, July 21, 2011 .'
Council Chambers, 1175 East Main Street
Minutes
Attendees: Tom Burnham,Eric Heesacker,Shawn Kampmann, Steve Ryan(Chair),Julia Sommer,Colin Swales,
David Young and Corinne Vieville
Absent: Brent Thompson
Council Liaison: David Chapman
Staff Present: Mike Faught,Jim Olson,Betsy Harshman
Ex Officio Members: Steve MacLennan
I. . CALL TO ORDER: Meeting was called to order at 6:03 p.m.by Chairperson Steve Ryan.
II. APPROVAL OF MINUTES: Commissioner Kampmamr moved to approve the minutes of June 23,2011
as amended,the motion was seconded by Commissioner Young and it passed unanimously.
111. ADJUSTMENTS TO THE AGENDA:
Car Free Day,non action item A was moved to position E and the N.Main/Hersey/Wimer Intersection
realignment item E was moved to the A spot.
IV. PUBLIC FORUM: Jlr
Mark Knox,485 W Nevada Street,introduced an application in which Planning staff and the Historic
Commission recommended he bring before the Transportation Commission. Richard Katz,manager of the
Ashland Food Coop asked him to start a dialogue with the community about modifying land use planning
to allow underground drive ups. Knox explained that current drive ups in the downtown historic district
belong to corporations/banks.These drive ups have been grandfathered in as non-conforming use. If the
City makes amendments to allow underground drive ups,the above ground spaces could be turned into
vibrant streetscapes and hopefully encourage economic stimulation.
Knox stated there are traffic and parking issues at the Coon. The Coop would like to purchase the Umpqua
Bank site and relocate the bank to the old Copeland Lumber or the Notthlight space. The bank would be
removed and replaced with a neighborhood park. Customers of the Coop would use the existing Umpqua
parking spaces.
�V. In the future,Knox will demonstrate to the commission what is underground as well as addressing
ventilation,stacking and other issues. ey a oo rng at how to penetrate underground and reduce the
regulations to make the sites more user and pedestrian friendly.
Commissioners were receptive to seeing the bigger picture and hearing more about the proposal at a later
date. Faught told the commission that this would be considered through a Type III land use process,which
staff would have to look at. Then it would have to be processed through the Transportation Commission
which would in turn provide recommendations to the Council.
V. ACTION ITEMS
A. Parking Prohibitions on E.Nevada St.
Olson explained that this item is part of an ongoing examination of some of the City's narrow streets. The
Page 1 of
47
Fire Department asked that the commission take a look at these narrow streets and would like to have
parking prohibitions put in place where they need to be as soon as possible. Nevada Street from Bear
Creek to Mountain Ave. is unusual in that it is a collector street although not developed as such. It was
made a 24' wide Avenue that is normally required to be at least 32'and;contain bike lanes under Ashland's
street standards. At 24' it should not contain parking on each side. Staff recommends that parking is
prohibited on the north side primarily because that side has only 3 accesses at this point and there is a very
steep bank on the north side. Staff notified everyone on Nevada Street that,was abutting and have not
received any feedback except one that was in favor.
Motion and vote
Young moved to approve staff's recommendation,Heesacker seconded and the motion was approved
unanimously.
B. Reauesl for Stop Sian at Starflower and Larks
Joan and Allen Vogel from 462 Thintbleberry Lane requested a stop sign at the intersection of Larkspur. If
a stop sign wasn't available,they suggested that a yield sign be considered. Olson stated that there is about
250 vehicles per day on Larkspur and about half of that on Starflower. The intersection is a 4-leg almost
perpendicular intersection,but not quite. All of legs are at a different approach grade which promotes a
vision problem when looking at approaching traffic. In some of those legs the elevation helps you,but in
others,it does not. This intersection does not warrant a stop sign. The Municipal Unifomt Traffic Control
Device(MUTCD)handbook does not have volume restriction for a yield sign,although there is in tine
City's code. In special conditions,an engineering review has shown that a yield sign may help to decrease
problems. Olson spent some time monitoring traffic at this intersection and did not see a problem;traffic
seemed to flow pretty well and most cars were going through the intersection slowly. There was also
discussion regarding a roundabout. Staff recommends that yield signs be installed at the intersection on
Starflower at both sides of Larkspur.
Motion and Vote
Young moved that staffs recommendation be approved and Vieville seconded.Following a voice vote,the
motion was approved 5 to 2.
C. Budget and Expenses for FY12
Sommer asked that this item be placed on the September agenda for discussion and that new ideas be
brought forth by commissioners and staff for monies proposed to be spent between September and June 30,
2012. Fought stated that next year staff will be processing a 2-year budget.
Swales agreed that this item should be added to the September meeting and in the meantime, forward ideas
to staff. Fought clarified that any of these items must be forwarded to staff,and not sent between
commission members. No motion was made.
D. A Street Shared Road Discussion
Burnham requested that sharrows be installed on A Street from 8'h to Oak Street in the same configuration
as Oak Street. Per Burnham,this is a heavily used bike route and sharrows would be a great indicator that
bikes are on the street. Fought stated that in a past meeting the group made a motion to wait until the TSP
is done,although there is probably enough data that has been collected if the commission wants to go ahead
with it.
Burnham said that in the September meeting the motion was passed. Burnham asked if he needed to make
another motion. Burnam read from a motion that he made back in October. He restated his motion.
Burnham motioned to install sharrows and the accompanying signs on A Street from Oak to Eighth Street.
Young seconded the motion.
Young was willing to wait,but he rides the route almost daily and said that it is a major connector for
bikes. Young feels that the sharrows on Oak have made bicycling safer. His presence on a bicycle there
Pag<2 ofA
48
/81112 Ca�of Ashland,Oregon-Agendas And Minutes
YWK-7,305
.........
search site GO
Wr a�--1��"
Rack
CiLy of Ashiand,DregDtl CGIoniissiois.s&Cornmitt��cs/Trarisp.itation Co,nrnissloii
Transportation Commission - Agenda
Thursday,July 21, 2011
TRANSPORTATION COMMISSION
Thursday, July 21, 2011
Council Chambers, 1175 East Main Street
Agenda
1. CALL TO ORDER;6;00 PM
if. APPROVAL OF M INUTES:June 23,2011
111. ADJUSTMENTS TO THE AGENDA
IV. PUBLIC FORUM
V. ACTION ITEMS
A. Parking Prohibitions on E.Nevada St.(10 min.)
B. Request for Stop Sign at SEarflower and Larkspur(15 min.)
C. Budget and Expenses for FY12(15 min.)
D. A Street Shared Road Discussion(Tom Burnham)(IS min)
E. Draft Memorial Marker Policy(10 min.)
V1. NON ACTION ITEMS
A. Car Free Day Planning(10 min)
B. Discussion regarding Kate Jackson's Road Diet commerns(10 min)
C. TSP Update(10 min)
D. Traffic Crash Summary
E. N.MaintHersey/Wimer Intersection Re-Aligrutacrit(10 min.)
VII. INFORMATIONAL ITEMS
A. Action Summary
8, TC Budget Balance:$5,000.00
C. City Source Article
D. Traffic Safety Connection
VIII. FUTURE AGENDA TOPICS
* Bike Parking and Bike Rack Design Policy
. Future Railroad Crossings
- A Street Shared Road Designation Discussion
LX COMMISSIONER COMMENTS
X. ADJOURN:8:00 PM
Next rucefing scheduled for August 18,2011 @ 6:00 Ion
In compliance ivith the Ame,!cans with Disabilities Act, if you need special assistance to pa,licipale in this
meefing.please contact the public IYaks Qffice at 488-5587(rNphonc number 1800 735 2900). Nolification 48
hours pia,1. the ine�ting wiWable the City to make easonable zaTangionents to ensure accessibility to the
shland.or.uslAgendas.asp?AMID=4575
The comments of this pre-app are prel nhuny in nature and subject to change based
upon the submittal of additional or different information. The Planning Commission or
City Council are the final decision making authority of the City, and are not bound by the
comments made by the Staff as part of this pre-application.
ASHLAND PLANNING DEPARTMENT SITE: C-1 &C-1-D Districts
PRE-APPLICATION CONFERENCE APPLICANT: U.D.S.
REQUEST: Legislative Amendment
July 61h,2011 Drive-Up Ordinance
PLANNING STAFF COMMENTS
This pre-application conference is intended to highlight significant issues of concern to staff and
bring them to the applicant's attention prior to their preparing a formal application submittal.
Generally: Staff believes that the existing drive-up regulations are seen as working well and
helping to contribute to the unique nature of Ashland. Staff is uncertain that either the Planning
Commission or Council would be willing to make this type of"big picture" adjustment which
would likely open up broader discussions of the ordinance, and they may prefer to deal with
proposals on a site by site basis through the Variance process. Staff believes that if the ordinance
were to be amended, a number of issues would need to be considered:
Streetscape Impacts: Is it appropriate that driveways exit from underground drive-up's
onto arterial or collector streets? Across downtown sidewalks? How can impacts to the
streetscape be adequately considered in terms of minimizing impacts to all users and
modes (i.e. limit to sidestreet and alley access?) Drive-up uses are typically a significant
generator of vehicle hips,and potential traffic impacts will need to be considered. �!
Design Impacts/Ripple Effects on the Built Environment: Will underground drive- /c
up uses alter the ground floor floor-levels of the buildings they house? How will this
effect these buildings as they relate to each other and the pedestrian streetscape? How
much additional site area would need to be dedicated to queuing, circulation, etc.?
Ashland's Downtown Design Standards explicitly discourage auto-centric uses within {�
the downtown (VI-J.6), and generally speaking, the restriction on private parking in the l\
downtown, design standards, and prohibition on drive-up's in the historic interest area all
work to give primacy to pedestrian friendlyAtuman scale design over auto-centric use. In .AY
staffs view, changes to any of these standards would need to demonstrate that they could 9°
be carried out in such a way that the pedestrian friendly, human scale character of the
historic interest area would not be compromised.
Legislative Amendment—Drive-Up's
July 0",2011
Page 1
50
Basis for Limitation to Existing Financial Institutions: is there a defensible basis for
limiting these .underground drive-up's solely to existing financial institutions? What
about restaurants, coffee shops, etc.?
Logistics: How would ventilation and air quality be addressed? Would the sites likely to
be utilized be adequately sized to accommodate the necessary driveway.grades, queuing,
ventilation, etc. without impacting the building designs? Would these':requirements
likely eliminate the opportunity to accommodate underground parking on these sites —
i.e.'would underground drive-up uses support the installation of underground parking,
or create a barrier to it for the properties likely to be involved? Are there examples of
underground drive-up uses the applicants can cite which work well?
Limited Visibility from the Right-of-Way: How is "limited visibility from the right
of way" to be defined? As defined in the proposal, it would seem that an "underground
drive-up use" could be installed in a daylight basement arrangement and not actually
be below grade at all, which would likely be a concern for Planning Commission and
Council.
Site Specific Alternative: As previously discussed, staff believe there may be viable options to
re-develop the sites noted through the Variance and/or Conditional Use Permit processes based
on site-specific considerations.
OTHER DEPARTMENTS' COMMENTS
.BUILDING DEPT: Please contact the Building Division at 541-488-5305 for any questions
relating to applicable building codes.
ENGINEERING/STREETS/STORMWATER: Please contact Karl Johnson in the
Engineering Division for any information relating to Public Works, Engineering or Utility
requirements at 541-488-5347.
ENERGY CONSERVATION: No comments. For any Conservation-related information,
please e-mail Dan Cunningham in Conservation at: cunningcl(,cdashland.or.us or call 541-552-
2063.
FIRE DEPARTMENT: Please contact Division Chief and Fire Marshal Margueritte Hickman
of Ashland Fire at Rescue for any Fire Department-related information at 541-552-2229.
WATER AND SEWER SERVICE: Please contact Terry Oldfield of the Water Quality
Legislative Amendment—Drive-Up's
July 6'h,2011
Page 2
51
Planning Commission
Speaker Request Form
1)Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4)Limit your connnents to the amount of time given to you by the Chair, usually 5 minutes.
5)If you present written materials,please give a copy to the Secretary for the record.
6)You may give written comments to the Secretary for the record if you do not wish to speak.
7)Speakers are solely responsible for the content of their public statement.
Z.
xn
Name. Cam(_1IJ � �
(please print) "
t
Address(no.P O.Box)
Ph ne
Tonight's Meeting Date
I Regular Meeting
Agenda item number V� OR Topic for public forum(non agenda item)
�f.Ivz�;_ TM..6u�,�}5
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member(planning commissioner)with a conflict of interest or bias,please write
your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The
Chair will address the written challenge with the member. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be pern illed to speak. Tlne Ashland Plarnning Conuni.ssian generally
invites the public to speak on agenda items and duringpublie forum on non-agenda items unless line
constraints lintu public testimony. No person has an absolute right to speak or participate in every phase
of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the
directions of the presicli»g offtcer. Behavio•o-actions which crr•e unreasonably loud o•disruptive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
52
Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak,
please rise and,after you have been recognized by the Chair,give your name and complete address for the record.
You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is
not allowed after the Public Hearing is closed.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MAY 8, 2012
AGENDA
I. CALL TO ORDER
Il. ANNOUNCEMENTS
111. CONSENT AGENDA
A. Approval of Minutes
1. April 10, 2012 Regular Meeting.
IV. PUBLIC FORUM
V. TYPE II PUBLIC HEARING
A. PLANNING ACTION: #2012-00018
SUBJECT PROPERTY: 2220 Ashland Street
APPLICANT: Summit Investments
DESCRIPTION: A request for Site Review approval to construct a new 4,125 square
foot, single story, retail building and associated site improvements for the property
located at 2220 Ashland Street.The former Pizza Hut building is currently located on the
site.-COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S
MAP: 39 1 E 14BA;TAX LOT: 1700.
[Continued from April 10, 2012 meeting. Public Hearing is closed.]
Vl. LEGISLATIVE AMENDMENT PUBLIC HEARING
A. PLANNING ACTION: #2012-00265
APPLICANT: Ashland Food Cooperative
LOCATION(S): C-1-& C-1-D-zoned portions of Ashland's "Historic Interest Area"
REQUEST: A proposal to amend the Ashland Municipal Code (AMC 18.32.035.E) as It
relates to drive-up uses in Commercial districts. Drive-up uses are currently a special
permitted use in the C-1 zoning district, but only in the area east of a line drawn
perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou
Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area
as defined in the Comprehensive Plan. The proposed legislative amendment is to
provide exception language which would apply only to existing drive-up uses within the
Historic Interest Area and would allow them to relocate to a new site elsewhere within
the Historic Interest Area provided that they are located predominantly underground or
otherwise screened from view from the public right-of-way.
VII. ADJOURNMENT
C 11 T N O F
ASHLAND !so.®
In compliance with the Americans with Disabilities Act,if you need special assistance to participate in this meeting,please
contact the Community Development office at 541-488-5305(TTY phone is 1-800-735-2900). Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting(28 CFR 35.102-35.104
ADA Title 1).
53
I
Planning Department, 1 a Ashland,Oregon CITY O F
541 488-5305 Fax:541-52 2050 www shl ndor.us TTY:1-800-735-2900 �5 - LAN
I
PLANNING ACTION: PL-2012-00265
SUBJECT PROPERTY: C-1 &C-1-D Portions of the Historic Interest Area
(See map below)
OWNER/APPLICANT: Ashland Food Co-op
DESCRIPTION: A proposed Legislative Amendment to amend the Ashland Municipal Code as it relates to drive-up uses
in Commercial districts. Drive-up uses are currently allowed only as "special permitted uses" in the C-1 zoning districts;
but only in the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou
Boulevard. Drive-up uses are currently explicitly prohibited in the Historic Interest Area as defined in the Comprehensive
Plan. The proposal is to provide exception language which would apply only to existing drive-up uses within the Historic
Interest Area and allow them to relocate to new sites elsewhere within the Historic Interest Area provided that they are
located predominantly underground or otherwise screened from view from the public right-of-way.
o The Ashland Planning Commission will review this Planning Action on May 8,2012 at 7:00 P.M. in the City
Council Chambers at 1175 East Main Street.
o The Ashland Historic Commission will also review this Planning Action on May 2,2012 at 6:00 P.M. in the
Community Development and Engineering Services building's Siskiyou Room at 51 Winburn Way.
--mot, PROPOSAL 1-40ULD ALLOW
F_XIST NO ORIVE•UP'S IN H STORIC INTEREST AR EA 1�
TO RELOCATE WITHIN HISTORIC INTEREST AREA 1,
j. a���"{T?i t z.� !"• WHERE CURRENTLY PROHIBITED,
PROVIDED THEY WERE UNDER-
GEROUND OR SCREENED ,` _ .--� =•I
CURRENT DRIVE-UP ALLOWANCE
IS LIMITED TO C 1 ZONING
EAST OF THIS LINE
(INTERSECTION OF AS14LANO1SISh"fYOU
1 M145
� � ii'x�r .r 5b�-`•P x �fii;�t � �l � � S :; y�. 1 1
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,�. FYi s� e� f my 5i Ii1 yl,t a-•— \ >b �,
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, — .—� ii �„_amY1' � 1 ��LS k 1 �n �� tit ✓ `� ° �!
18.108.170 Legislative Amendments Procedure
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order
to conform with the comprehensive plan or to meet other changes in circumstances and conditions A legislative amendment is a
legislative act solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of
the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is
submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the
proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the
Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee.
D. Before taking final action on a proposed amendment,the Commission shall hold a public hearing.After receipt of the report on the
amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the
public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in
the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the
twelve month period immediately following a previous denial of such request, except the Commission may permit a new
application if,in the opinion of the Commission,new evidence or a change of circumstances warrant it.
SG cemnideulpinnningLLeneRange\Ordinances`.Dmmman D•iae-Up Aniendmen0CCATRSHEET FOIL PACKET.dax
r
ASHLAND PLANNING DIVISION
STAFF REPORT
May 8th, 2012
PLANNING ACTION: PL 42012-0265
APPLICANT: Ashland Food Cooperative
LOCATION: C-1- &C-1-D-zoned portions
of the Historic Interest Area
(See Attached Exhibit S-1)
ORDINANCE REFERENCE: 18.08 Definitions
18.32 Commercial (C-1)
18.72 Site Design Review
18.104 Conditional Uses
REQUEST: A proposal to amend the Ashland Municipal Code as it relates to drive-up uses in
Commercial districts. Drive-up uses are currently allowed only as"special permitted uses"in the C-
1 zoning district, but only in the area east of a line drawn perpendicular to Ashland Street at the
intersection of Ashland Street and Siskiyou Boulevard. Drive-up uses are currently explicitly
prohibited in the Historic Interest Area as defined in the Comprehensive Plan. The proposal is to
provide exception language which would apply only to existing drive-up uses within the Historic
Interest Area and allow them to relocate to new sites elsewhere within the Historic Interest Area
provided that they are located predominantly underground or otherwise screened from view from the
public right-of-way.
I. Relevant Facts
A. Background-History of the Prohibition on Drive-Up's in the Historic Interest Area
The original Transportation Element of Ashland's Comprehensive Plan, adopted in 1982,
included a policy discouraging the use of drive-up windows in order to limit both fuel
consumption and air pollution associated with vehicle idling while waiting at drive-ups. In
keeping with this policy,in 1984 the city adopted Ordinance 42313 which defined a drive-up
use as "any establishment which by design, physical facilities, service or by packaging
procedures encourages or permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles," set standards for the development of
drive-up uses, required Conditional Use Permits for the approval of drive-up uses, and
limited the total number of drive-up uses in the city to the 12 in place on July 1, 1984 plus
one additional drive-up use for each additional 1,250 persons added to the state-certified
population census for the city. As part of that ordinance,drive-up uses were prohibited in
Ashland's Historic Interest Area as defined in the Comprehensive Plan(see attached Staff
Exhibit S-1),which rendered those existing drive-up uses within the Historic Interest Area
non-conforming.
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-op - Drive-Up's In Historic Interest Area
Page 1 of 9
55
I t
In 1992,the ordinance was amended to make drive-up's a Special Permitted Use rather than
a Conditional Use,and to limit the number of drive-up uses allowed in the city to the 12 that
were in place on July 1, 1984 with no allowance to increase this number with increased
population. By ordinance, drive-up uses are allowed to be transferred between users and
locations, subject to the requirements of the Ordinance, but the total number of approved
drive-up uses allowed in the city remains at the 12 which were in place on July 1, 1984.
The revised Transportation Element of the Comprehensive Plan adopted in 1996 no longer
contains an explicit policy discouraging drive-up uses, since it was unnecessary due to the
ordinance already in place limiting these uses. However,the current Transportation Element
does contain the following policies which were noted in a 2001 ordinance interpretation as
supporting the continued discouragement of drive-up uses:
• X.II-1 "Promote decreased auto use and increased walking and bicycling,public
transportation, ride sharing and other transportation demand management
techniques. "
• X.II-6 "Encourage businesses to inform customers ofavailable non-auto access to
the business locations and to support customer use of non-auto access.
Overall, the city's Comprehensive Plan and implementing ordinances encourage the
community to develop at a human scale with a balanced approach to transportation rather
than taking a primarily auto-centric approach to development. The city's design standards
encourage designs which limit the adverse impacts of the automobile on the built
environment in large part by minimizing,carefully placing and screening parking areas and
driveways while emphasizing a high standard of urban design and a strong relationship
between buildings and the pedestrian streetscape. City standards and requirements place
.special emphasis on the Historic Interest Areas,and particularly the downtown. Ashland's
Downtown Design Standards explicitly discourage auto-centric uses in the downtown(VI.J-
6), and the removal of off-street parking requirements in the downtown, design standards,
and prohibition on drive-up's in the Historic Interest Area all work to create a pedestrian
friendly environment with a continuous storefront streetscape at the sidewalk.
B. Background—Existing Drive-Up Uses
The 12 existing drive-up permit holders are as follows:
1. 250300 N. Pioneer St./Umpqua Bank Historic Interest Arealzoned E-1
2. 67 E. Main St./Wells Fargo Bank Historic Interest Area
3. 30 N. Second St./U.S. Bank Historic Interest Area
4. 243 E. Main St./Chase Bank Historic Interest Area
5. 2290 Ashland SUTaco Bell
6. 2235 Ashland St,/Premier West Bank
7. 2280 Ashland St./Bi-Mart Pharmacy
8. 1652 Ashland St./Dutch Bros.
9. 1500 Siski ou Blvd./People's Bank
10. 1624 Ashland St.IWend 's
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-Ups in Hlsloric Interest Area
Page 2 of 9
56
11. 512 Walker Ave./Sterling Savings Bank —�
12. 1 Inactive (Was McDonalds', now reportedly Rogue Federal Credit Union)
Of the 12 existing drive-up permits, all four of those in the Historic Interest Area are
financial institutions. In reviewing the historic district survey descriptions of these
properties, staff noted that several of the descriptions cite the buildings'relationships to the
sidewalk or streetscape as a key factor in their compatibility with the historic character of the
district.
• Umpqua Bank at 250 North Pioneer Street is noted as originally being built in 1979 as
Heritage Bank and later converted to Valley of the Rogue Bank. The site is simply
described as being part of the property formerly associated with Twin Plunges,an early
community recreational use. The building is noted as being non-historic/non-
contributing. Staff would add here that the existing drive-up use in this location is non-
conforming not only for its location in the Historic Interest Area but for the fact that its
zoning is split between E-1 and R-2 zoning districts,neither of which permit drive-up
uses.
• Wells Fargo Bank at 67 East Main Street is described as originally housing the First
National Bank. The survey description notes that the building is a flat-roofed structure
that was built in 1962 and is considered "Non-Compatible/Non-Historic/Non-
Contributing.".The survey.indicates that the site previously housed the Ashland Hotel,a
late-19th century three-story brick building built in anticipation of the connection to the
railroad. The Ashland Hotel occupied the full block and dominated downtown for more
than 75 years, but was razed in 1961. Built with a flat roof,setback from the sidewalk
and designed in a modern,-non-ornamental style with non-historic materials, the First
National Bank of Oregon Building is not considered to be visually compatible with or
complimentary to the historic character of Ashland's downtown.
• US Bank at 30 North Second Street is designated the US National Bank Building.
Built in 1956 and considered to be a fine example of the International Style,the building
is described as a well-designed brick and glass structure,set backfrom Second Street by
small courtyard, and utilizing typical modernistic materials in narrow brick,aluminum
framed glass curtain wall glazing and polished granite to great effect. Essentially
unaltered since its construction,the US Bank Building was built just outside the historic
period of significance for the district and represents an early example of new stylistic
forces that would shape Ashland's downtown during the late 1950s and 1960s. As such,
it is considered compatible but is non-historic/non-contributing.
• The survey description for Chase Bank at 243 East Main Street describes what was
originally the Crater National Bank building as a modem,masonry structure built in 1971
that is considered to be"Non-Compatible/Non-Historic/Noti-Contributing." The survey
document notes that the site previously housed the Lithia Theater and a gas station,and
that the current building is built of non-historic materials and set back on the site to allow
for drive-through banking and is thus not consistent with the traditional character ofthe
downtown.
Planning Action PL#2012-00265 Ashland Planning Division-Staff Report
Applicant: Ashland Food Co-Op Drive-Up's In Histodc Interest Area
Page 3of9
57
i 1
C. Background • Detailed Description of the Proposed Amendment
The application proposes an amendment to the existing Land Use Ordinance which prohibits
drive-up uses in the Historic Interest Area. Ashland's Historic Interest Area consists of the
four National Register of Historic Places-listed historic districts(see attached staff exhibits).
With the amendment,exception language would be added to the ordinance to allow existing
drive-up uses within the Historic Interest Area to relocate to a new site elsewhere within the
C-1 or C-1-D zoned portions of the Historic Interest Area provided that they are located
"predominantly underground or otherwise screened from viewfrom thepublic right-of-way."
The application explains that the amendment proposal is being made by Ashland Food Co-op
as applicant,noting that both the Co-op and its neighbor Umpqua Bank are keenly aware of
parking challenges at their sites.The Co-op would like to pursue the purchase of the adjacent
bank property to expand their building and add parking,however the bank wishes to remain
in the Historic Interest Area near the downtown and to keep a drive-up window for its
customers. As currently regulated, the bank could not relocate elsehwhere in the Historic
Interest Area without a Variance, and any modification to the existing drive-up use on the
current site would be subject to a Conditional Use Permit for modification of an the existing
non-conforming use.
The applicants assert that the current prohibition on new drive-up uses in the Historic Interest
Area combined with the non-conforming status of existing drive-up uses in that area,and the
resultant requirement that these uses obtain discretionary approvals (i.e. Conditional Use
Permits or Variances) for any modification of their non-conforming uses serve to prevent
upgrades to or redevelopment of these sites,as the financial institutions holding the existing
drive-up uses are inherently risk-averse and unwilling to move forward with costly projects
when their outcomes are uncertain and subject to signficant levels of discretion.
The application suggests that the changes proposed would facilitate more serious discussions
between the Ashland Food Co-op and Umpqua Bank by removing one of the perceived
barriers to the Co-op acquiring the bank's property to better address parking in their vicinity.
More broadly, the application suggests that in removing the perceived barrier posed by
discretionary approval requirements, the requested ordinance changes could facilitate the
redevelopment of the sites of current drive-up uses in a manner more in keeping with city
design standards while minimizing the impacts of the relocated drive-up uses to the Historic
Interest Area.
11. PCOlect Impact
A. Commission Review of Legistlative Amendments
Procedurally speaking,AMC 18.108.170 allows for property owners or residents to submit
proposed legislative amendments, and calls for the Planning Commission to hold a public
hearing and following public testimony to make a report of its recommendations to the City
Council. After receipt of the Planning Commission recommendations,the Council holds a
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-Up's in Historic Interest Area
Page 4 of 9
58
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public hearing in conjunction with the first reading of the ordinance amendment. A Council
hearing date is tentatively set for July 17, 2012.
As this report is being prepared, the Historic Commission has not formally reviewed and
commented on the application but they are scheduled to do so on May 2nd, and any
recommendations will be provided at the Planning Commission hearing. In considering the
request at the pre-application level the Historic Commission noted concerns with the
potential impacts of underground drive-ups and how those impacts would affect the built
environment of the Historic Interest Area in terms of building orientation to the street,scale,
proportion,openings and overall horizontal rhythms. The Commission discussed the'black-
hole'effect of creating an entry into an underground drive-up next to the sidewalk or adjacent
to the right-of-way. Additionally, the Commission expressed concern regarding the
entrance/exit impacts to the sidewalks through the modification of typical traffic flows,
vehicular queuing,and pedestrian safety and visibility. In commenting at the pre-application
level,the Historic Commissioners felt each application would have unique issues and that a
Conditional Use Permit would be the most appropriate way to review each application and its
impacts on architectural compatibility,noise,and odor(i.e. air quality)and traffic.Historic
Commissioners also felt that relocated drive-ups should be restricted to taking access from
parking lots,alleys or side streets and should not be accessed from main arterial streets. The
Historic Commission discussed how "underground" would be defined and whether that
would mean fully underground or if the definition of basement would be used to allow a
daylight basement drive-up use.
Because the application is for a legislative amendment, the Transportation Commission is
also empowered to review and comment at the pre-application level. The Transportation
Commission considered the matter at their July 21,2011 meeting. It was noted that Public
Works staff would review at,the time of application and bring any concerns back to the
Commission. The details of the application have been sent to Public Works,and no concerns
have been raised at this stage. No further comment from the Transportation Commission is
anticipated,however staff would note that Public Works staff will be involved in the review
of each application and raise site-specific issues as part of the Site Review process for any
proposed relocation of a drive-up use should the amendment ultimately pass.
B. Potential Impacts of Drive-Up Uses in the Historic Interest Area
While the original regulation of drive-up uses was tied to issues of fuel consumption and air
quality,their prohibition in the Historic Interest Area goes beyond these concerns to the more
general discouragement of auto-centric uses in order to maintain the downtown's historic,
pedestrian friendly character. Ashland's various standards seek to limit the adverse impacts
of auto-centric design on the built environment in large part by minimizing,carefully placing
and screening parking and circulation areas while emphasizing a high standard of urban
design and a strong relationship between buildings and the pedestrian streetscape. These
standards go even further in the downtown, explicitly discouraging auto-centric uses in the
Downtown Design Standards (VI.J-6) while largely eliminating requirements to provide
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-op Drive-Up's in Historic Interest Area
Page 5 of 9
59
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required parking on site and prohibiting drive-up's to provide for a continuous storefront
presence at the sidewalk that engages pedestrians and remains compatible with historic
development patterns.
Drive-up uses by their nature are designed to accommodate automobiles, and the concern
with their placement in the Historic Interest Area is that auto-centric design can often occur
to the detriment of the pedestrian environment, as noted by the Historic Commission in
considering the pre-application. Specific concerns center on impacts to the built environment
in terms of altering building relationships to the street,scale,proportion,rhythm of openings
and horizontal rhythms, breaking up the continuous storefront presence to accommodate
drive-up windows and associated vehicular circulation. In addition,placement of driveways
with cars crossing the sidewalk,or queuing into the sidewalk,from an underground drive-up
could,substantially alter the pedestrian streetscape and impact safety and visibility.
C. Procedural Handling—Treatment of these Uses/Staff Recommendations
For staff,the issue of discretion is a key consideration of the request. As recommended by
the Historic Commission at the pre-application level,the relocation of the limited number of .
existing drive-up uses within the Historic Interest Area could be treated as a discretionary
approval through the Conditional Use Permit process to assure all potential impacts,
including architectural compatibility, of each use are considered in a manner appropriate to
the individual circumstances of each application. However, the underlying basis of the
requested amendment is in seeking to remove the perceived barrier of discretionary approvals
to the relocation of the four drive-up uses now in the Historic Interest Area and thus
encourage redevelopment of their existing sites in a manner more in keeping with current
standards.
In looking into the issue of the impact of drive-up uses on historic downtown areas, staff
spoke to the Senior Historic Planner with the City of Salem which recently went through an
ordinance amendment addressing drive-up uses in Salem's historic downtown. She noted
having done research nationally into how drive-up uses were regulated,and found that while
several cities have design standards that address visibility or queuing, or allow them only
with Conditional Use Permits,the cities of Ashland and Salem had by far the most restrictive
codes for drive-up uses. Prior to the recent amendments, drive-up uses were prohibited
entirely in Salem's downtown;as amended they are now allowed provided they meet specific
criteria subject to Historic Design, Site Design and Conditional Use Permit reviews. Their
criteria include: that drive-up uses are allowed only for new construction of banks or credit
unions;that all components of the drive-up(structure,kiosk,and drive aisle,etc.)be located
on a secondary fagade and not visible from right-of-way other than an alley; that queuing
lanes not be permitted between the building and the right-of-way other than an alley;that no
more than two queuing lanes be allowed; and that if the subject property abuts an alley,
access to and from the drive-through from the alley be encouraged. Salem's staff advised
being careful to clearly define"screened from view"and what constitutes the"components of
a drive-up use",as in their first application under the amended code there was considerable
debate as to whether a driveway exiting onto public right-of-way was a component of the
drive-up use, and this posed a quandary because if it were to be considered a component it
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-Up's In Historic Interest Area
Page 6 of 9
60
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could not feasibly be screened from view from the right-of-way without obstructing access.
While staff recognizes the applicants' concerns with discretionary approval standards,staff
believes that the Commission and Council may ultimately wish to reserve a degree of
discretion as a means to protect the Historic Interest Area from potential impacts associated
with allowing drive-up uses to relocate. However, the applicants suggest that the
discretionary nature of Conditional Use Permit approvals poses at least a perceived barrier to
the redevelopment of the existing drive-up sites in the Historic Interest Area, which are
limited to Umpqua Bank, Wells Fargo Bank,Chase Bank and US Bank,and that several of
these sites have the potential for substantial redevelopment that under current standards could
have substantial benefit to the downtown streetscape.
If the Commission Is agreeable iri principle wlth allowing these four;drive up uses to relocate,staff i elleyea
that the first question tokanswerls whethe�,Condifional Use Permit approval?should be re{ginred If the,.
Commission is open Ft o allowing these relocaholis through Site Review approval as requested,staff would'
' e4 ;
recommend that the-following items be more clearly atldressed in i the amentled ordmahce,language to
.` avoid adverse impacts to the built environment and pedestrian streetscape 4,4,'„,,�,
s s"' Gf itch ki i "IFS "w'�a y� i i r.c 5��� yn i -v 2 rs.+.'� e l�� ��•.,
1
r z S , ,'m r da prii
0�1 Staff belfeves'tfiere should be a clear definition forwhat constitutes placement"predominantly
underground aswellasaclearstandardforacceptabiescreenmg Arequlrementthatthedrlve .
up be_lo ated m a basement as defined in AMC 18.0&078 could be included,t and'would allow for.
„I�Iplaceme-nt entirely underground1or,wlthin a daylight basement'uStii believes that-language_tq'the
effect,that relocated drive upIuses may tie placed within a basement or on a secondary elevation,,that
i
components o f the use aere v slble from adjacent st e t ghtstof way othe than alleys would suffice.
ok Staff believes thatthe standards should make clearthat driveways serving driverup uses In the,
, Iv Historic Interest Area may not enter from or axitto a high!:f order street frontage or,through a
t�.,jpnmary elevation of the building,and hat there,ishto be no placement of driveways or queuing
>� ',4lanes between_the building and ttia right of way otl er than an alley �� i .�;
o Staff believes that no demolitions of or exterior changes to buildings lrihlch are conslderedto be
historic resources shoultl be allowed_to accommodate relocated drive i u
p
ry o Staff believes thatffiereKshould be a requirementthat anystructural-site elements associated s
with the drive up useibe removed within 60 dayslof,discontinuation of the drive up use y q',
o Staff_believes that the amendment shouldmake;it explicitly clear thattthe mtenhon is only to#
allow the relocation of existing drive-up uses wythin the H Interest l
Area :but woud notti
istoric
allow drive up uses not currently operating within the Historic InterestArea to betransf -red In
o Finally„whsle there is a cap on the number of approved drive up uses�anYd the existing codes
provide tortheirtransfer,there is no ear:mechanism m the codes for the`registry ortransfer of
'� ',these uses Sfaff believes that the listof 12 approved uses provided above should be attached';.
�r��dto`the ordi'riance adopted,and aimimstenal permit required forthe transfer or relocation of these.;
�;��,k uses when such trahsfer is;not associated with a Site Revi_ew,�application � '�:'i��'� ' �,t
III. Procedural - Required Burden of Proof
18.108.170 Legislative Amendments
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-Up's in Historic Interest Area
Page 7 of 9
61
I i
A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make
other legislative amendments in order to conform with the comprehensive plan or to meet
other changes in circumstances and conditions.A legislative amendment is a legislative act
solely within the authority of the Council.
B. A legislative amendment may be initiated by the Council, by the Commission, or by
application of a property owner or resident of the City. The Commission shall conduct a public
hearing on the proposed amendment at its earliest practicable meeting after it is submitted,
and within thirty days afterthe hearing, recommend to the Council, approval, disapproval,or
modification of the proposed amendment.
C. An application for amendment by a property owner or resident shall be filed with the Planning
Department thirty days prior to the Commission meeting at which the proposal is to be first
considered. The application shall be accompanied by the required fee.
D. " Before taking final action on a proposed amendment, the Commission shall hold a public
hearing.Afterreceipt of the report on the amendment from the Commission,the Council shall
hold a public hearing on the amendment.Notice of time andplace of the public hearings and
a brief description of the proposed amendment shall be given notice in a newspaper of
general circulation in the City not less than ten days prior to the date of hearing.
E. No application of a property owner or resident for a legislative amendment shall be
considered by the Commission within the twelve month period immediately following a
previous denial of such request, except the Commission may permit a new application if in
the opinion of the Commission, new evidence or a change of circumstances warrant it.
IV. Conclusions and Recommendations
The amendment proposed would allow the relocation of any of the four existing drive-up
uses in the C-1 or C-1-D portions of the Historic Interest Area,where new drive-up uses are
currently prohibited, provided that the relocated drive-up use would be located
predominantly underground or otherwise screened from view from the public right-of-way.
The application notes that this change would facilitate discussions between the Ashland Food
Co-op and Umpqua Bank about the Co-op purchasing the bank's building to expand the store
and provide additional customer parking, while allowing the bank to relocate without the
uncertainty of discretionary permit approvals. More broadly however, the application
suggests that the current restriction also limits the likelihood of redevelopment of properties
that currently have nonconforming drive-up uses in place as the discretionary nature of the
required approvals is a strong deterrent to redevelopment for risk-averse financial
institutions.. As such,the proposed amendment would provide for these relocations through
the Site Review process as a"Special Permitted Use",which has considerably less discretion.
If the Commission is open to the idea of allowing the relocation of the four drive-up uses
currently in the Historic Interest Area, the options include supporting the amendment as
requested, supporting the amendment with the addition of a Conditional Use Permit
requirement,or supporting the amendment with the addition of more detailed performance
standards which would be considered as part of the Site Review process. While staff
recognizes the potential benefit that could arise from the proposal in allowing the four
existing drive-up uses in the Historic Interest Area to relocate and thereby opening the
possibility for redevelopment of their current sites according to current standards,we believe
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-op Drive-Up's in Historic Interest Area
Page 8 of 9
62
i
that any lessening of the current prohibition needs to be carefully considered for the potential
adverse impacts to the built environment and pedestrian-friendly,human-scale character of
the National Register-listed Historic Interest Area. If the four drive-up uses are to be allowed
to relocate without the discretionary consideration of a Conditional Use Permit as requested
by the applicants, staff would recommend that the Commission make specific
recommendations to Council that the ordinance amendment be modified as follows to
minimize the adverse impacts that the current prohibition was enacted to avoid:
0 That the relocation of the four existing drive-up uses within the Historic Interest
Area is to be allowed as a Special Permitted Use within the C-1 and C-1-1)zoned
portions of the Historic Interest Area subject to Site Review approval. Existing
drive-ups not currently in use in the Historic Interest Area would be unable to
be transferred into the Historic Interest Area.
0 That relocated drive-up uses may only be placed in a basement or on a
secondary building elevation,only accessed from an alley or driveway, and no
components of the relocated drive-up use(i.e.structure,kiosk or queuing lane,
but not the driveway) may be visible from adjacent streets other than an alley.
0 That driveways serving relocated drive-up uses may not enter from or exit to a
higher order street frontage or through a primary elevation of the building,and
that there is to be no placement of driveways or queuing lanes between a
building and the right-of-way other than an alley.
0 That no demolition of or exterior change to buildings considered to be historic
resources shall be allowed to accommodate relocated drive-up uses.
0 That the components of the relocated drive-up use shall be removed within 60
days of discontinuation of the use.
0 That a ministerial permit be required for the transfer of any drive-up use when
such transfer is not associated with a Site Review application(i.e.the sale of an
approved drive up use which is to be discontinued on its current site,but which
is not immediately to be relocated to another site). Uses which are discontinued
without a properly permitted transfer shall be deemed to have expired after
being unused for 12 months.
Planning Action PL 92012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-op Ddve-Up's in Historic Interest Area
Page 9 of 9
63
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STAFF EXHIBIT S4—Current Regulations
18.32.025.E. C-1 District Special Permitted Uses
Drive-up uses as defined and regulated as follows:
1. Drive-up uses may be approved in the C-1 District only, and only in the area east of a
line drawn perpendicular to Ashland Street at the intersection of Ashland Street and
Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the
Comprehensive Plan.
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two designated
parking. spaces immediately beyond the service window or provide other
satisfactory methods to allow customers requiring excessive waiting time to
receive service while parked.
C. A means of egress for vehicular customers who wish to leave the waiting line
shall be provided.
d. The grade of the stacking area to the drive-up shall either be flat or downhill
to eliminate excessive fuel consumption and exhaust during the wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-way
are not obstructed.
g. The sound level of communications systems shall not exceed 55 decibels at
the property line and shall otherwise comply with the Ashland Municipal Code
regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on July 1,
1984. Drive-up uses may be transferred to another location in accord with all
requirements of this section. The number of drive-up window stalls shall not
exceed 1 per location, even if the transferred use had greater than one stall.
67
1
Narrative & Findings of Fact MAR 2 2012
Land Use Application
For A
Zoning Ordinance Amendment
Ashland Municipal Code - Chapter 18.32.025 E.
"Drive-Up Uses"
Submittal Date: March 2"d,2012
Co-Applicant: Urban Development Services,LLC
Contact: Mark Knox
485 W.Nevada Street
Ashland, OR 97520
541.821.3752
Co-Applicant: Ashland Food Cooperative
Contact: Richard Katz
237 N. First Street
Ashland, OR 97520
Zoning Districts: C-1 and C-1-D
Related Codes: Ashland Municipal Code (AMC) 18.08, 18.32, 18.68 and 18.108
Description: A proposal to amend the Ashland Municipal Code, Chapter
18.32.025 E., as it relates to Drive-Up Uses in the Commercial
District, specifically those areas as designated as Special Permitted
Uses within Ashland's "Historic Interest Area" as defined in the
Comprehensive Plan as well as the National Register of Historic
Places adopted Downtown District. The proposal is to provide
exception language for Drive-Up Uses when they . are
predominately underground or screened from a public right-of-
way. The exception language would only apply to existing drive-
up uses within a Historic Interest Area.
Attachments: Code Amendment Proposal,Sample Illustrations
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.32.025 E. 1—URBAN DEVELOPMENT SERVICES, LLC
--'� uxousevuameo aaoevstarNSxrsvvuss
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History: Financial institutions with drive-up facilities (teller windows, auto lanes, audio speakers,
etc.) in the historic core of Ashland were obviously developed during an automobile dominated
era beginning in the late 1950's. During this period, a number of historic buildings were recycled
into other businesses (First National Bank Building, Corner of East Main & Pioneer Streets -
now owned by Oregon Shakespeare Festival and Citizen's Banking & Trust Company, Comer of
East Main & Second Streets —now various retail businesses) or demolished and new buildings
with drive-up facilities constructed (Old Ashland Hotel—now Wells Fargo Bank,Lithia Theater
Building —now Chase Bank and multiple historic residences off Pioneer Street —now Umpqua
Bank). Note: This trend was not just limited to Ashland, but occurred across the Country where
"sites" could easily accommodate drive-up facilities, but not necessarily the building. This time
period, so called the "modern" architecture era, represented in most cases, dramatic changes to
.the character of a community's urban core.
With a long-range planning perspective and will by the City Council, Planning Commission,
Historic Commission and the City's Planning Department, in 1992, the Ashland City Council
adopted a number of code changes in order to address various auto centric developments in an
attempt to preserve historic buildings, limit surface parking lots and maintain the Downtown's
pedestrian friendly "Main Street" environment. This included the adoption of the original Site
Design & Use Standards Ordinance as well as code language prohibiting drive-up uses in the
Downtown Historic Interest Area (Ord. 2688). In the process, existing drive-up facilities that
remain today are considered "legal uses, but non-conforming" and subject to various land use
entitlements if ever proposed to be modified.
Proposal: The proposal is for a Type III amendment to the Ashland Municipal Code, Chapter
18.32.025 E., inserting exception language for Drive-Up Uses when they are predominately
underground or screened from a public right-of-way and only for"existing" drive-up uses (Wells
Fargo, Chase and Umpqua Bank) already within Ashland's "Historic Interest Area" as defined in
the Comprehensive Plan. The goal of the amendment would be to "encourage"these more auto-
centric sites within the Historic Interest Area to redevelop in compliance with the City's adopted
Site Design & Use Standards which provide a more pedestrian and human-scale streetscape
experience.
Again, as the codes exist currently, drive-up uses within the Historic Interest Area are considered
"legal non-conforming" and subject to various provisions and entitlements noted in Sections
18.68.090 A.1. (Nonconforming Uses and Structures) and 18.104 (Conditional Use Permits).
Although the applicants wholeheartedly understand the purpose of the existing code language
prohibiting drive-up uses in the Historic Interest Area - including code language that manages
the redevelopment of those sites, it has become clear that such code language also discourages
existing auto-centric sites from redeveloping as "main street" facades as envisioned in the
adopted Site Design and Use Standards. In the applicant's opinion, the degree of justification,
process and expense of an applicant to submit an application under the Conditional Use Pernut
criteria is just too subjective and onerous and thus discouraging to owners of those sites (i.e.
corporations) to consider redevelopment which, with guidance from the Downtown Design
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.32.025 E. U R BAN DEVELOPMENT SERVICES, LLC
( as Hggyy eiulxw}tuogrRaquemsuvwes
. R IVI/in ` L LVIL
69
Standards, would improve the street's presence,improve pedestrian mobility and experience, and
improve the Downtown's overall character and economy.
Benefiting Sites:ites: The applicants contend the proposal has far reaching positive attributes for a
number of properties within the City's urban core as well as other sensitive sites within the
community that would benefit from redevelopment under the City's current Downtown Design
Standards. These properties include:
67 Main Street- Wells Fargo Bank
243 Main Street—Chase Bank
175 Lithia Way—old Copeland Lumber/First Place Subdivision site
250 Pioneer Street—Umpqua Bank
These properties often cause a pause for many long-time residents and visitors of Ashland who
sadly identify with the fact that each property's current building or vacant condition likely
superseded a historic building. Although it's clear in the applicants opinion the City has learned
from this unfortunate experience and such transformation of historic properties are not likely to
easily occur again, the prospect of providing code language to encourage re-development of
those same sites guided by current City design standards is intriguing and exciting.
Applicant's Purpose: The Ashland Food Cooperative desires to resolve its well known and long-
time parking issue with its neighbor, Umpqua Bank(250 Pioneer Street). For many years the two
businesses have attempted to work together to minimize the congestion, anxiety and often times
frustration that occurs not only between their management, but also employees, customers and
neighbors. As with most urban parking issues, it's a slow methodical build-up with outside
influences as well as the new neighboring developments such as the Ashland Hardware Store
(previously storage yard), Oak Street Market (previously car wash and Cantwell's store), Oak
Street Tank and Steel conversion(now Plexis' Offices) as well as the small,but still measureable
impacts of newest businesses such as the new Caf€ on Pioneer Street (Ruby's Neighborhood
Restaurant) and the recently approved business located at 260 N. First Street (PA-2010-01611)..
Regardless of signage, employees and customers of these new businesses, often park on the
subject property which decreases available parking and increases the chances of drivers
circulating the surrounding neighborhood. Nevertheless, the two parties are in agreement that an
amicable solution is needed.
Note: At the present time, there are no "agreements, contracts, plans, or otherwise" between the
two entities, but both wish for a resolution to its shared parking conflicts that allow both
businesses to continue to be a positive presence in the community. A number of meetings and
phone conversations have occurred, but until this particular issue is addressed, there will not be
any formal arrangements or agreements between the two parties. Instead, the Ashland Food
Cooperative is first hoping the City agrees with the logic of the amendment and then hoping that
Umpqua Bank would sell their site to the Ashland Food Cooperative and relocate to an area in
the Downtown area that is more fitting to their business' long term interest.
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.32.025 E. U R BAN oevEL ENT SERVICES, LLC
70
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That said, after a significant amount of thought and a number of meetings with City staff, the
applicants have concluded the best solution would be to purchase the Umpqua Bank's property
and at the same time identify alternative "areas" more fitting for the bank's needs, including its
drive-thru facilities, which are equal or superior to the existing site. In the applicant's opinion,
this opportunity best exists on the old Copeland Lumber site between Pioneer and First Streets
(now vacant). Umpqua Bank has tentatively agreed with this location, but again a final decision
is dependent on the outcome of the proposed ordinance amendment. If approved, Umpqua Bank
would then likely identify a site, enter into a purchase agreement, generate concept plans and
submit an application to the City for Planning Commission review and approval. Following the
purchase of the current Umpqua Bank site and the relocation of the bank, customers of the
Ashland Food Cooperative would then begin to use the parking. A small expansion to the store is
also possible and discussed in passing, but yet to be finalized.
Issues: As noted previously, the existing zoning codes prohibit drive-up uses in the Ashland
Historic Interest Area and thus, an amendment to the code is desired. Further, existing drive-up
uses in the Ashland Historic Interest Area are considered "non-conforming" and subject to a
highly discretionary process called a Conditional Use Permit which, according to City staff,
allows complete discretion by the Planning Commission.
As such, the applicants desire to submit an application, supported by the City Council, Planning
Commission, City staff and the Downtown merchants, that not only provides the opportunity to
allow both the Ashland Food Cooperative and Umpqua Bank to "eventually" reach an
agreement, but to also provide the mechanism for existing drive-up uses to redevelop under the
Downtown's Site Design&Use Standards.
Draft Code Amendment: Attached is an initial "draft" of proposed code language intended to
provide direction and stimulate discussion with staff. Two sections of the Ashland Municipal
Code are proposed to be amended, Section 18.32.025 E., to allow drive-up uses for "existing"
drive-up uses in the Historic Interest Area and adding another section, 18.08.805,relating to the
definition of"underground drive-up uses". The later includes illustrations (attached) on how the
proposal could work,in a variety of scenarios —existing bank sites or vacant properties, in order
to give the City staff, the Ashland Historic Commission, Planning Commission and City Council
the opportunity to review the proposal in a tangible way.
Criteria: In accordance with Chapter 18.108.170 C. (Legislative Amendments), the applicants are
proposing an amendment to the Ashland Municipal Code, Chapter 18.32.025 E, as it relates to
Drive-up uses in Ashland's Historic Interest Area, based on the policies of the Comprehensive
Plan and the circumstances and conditions of the proposal itself and positive redevelopment
opportunities in the Historic Interest Areas. The applicants are aware the decision is a legislative
act solely within the authority of the Council and that no "specific" criteria exists for text
amendments to the land use ordinance.
MAR 2 2012
Zoning Ordinance Amendment C
Drive-Up Uses-Chapter 18.32,025 E. J U R B AN-DEVELOPMENT SERVICES, LLC
I1M19115F YUNNINGMDOFYEtM51FXr 5FRY¢F6
71
Comprehensive Plan Policies: The applicants have attempted to identify the various
Comprehensive Plan Policies that generally relate to the subject matter and overall feel strongly
that the proposed amendment is consistent with the policies and will be a substantial benefit for
the community. The City's Comprehensive Plan was adopted by the City Council in July of 1981
and although certain elements of the Plan have been updated, the policies noted herein still
remain. As such, each pertinent policy is listed below in bold font followed by the applicant's
response in regular front:
Chanter I Historic sites and Structures
I-1 The City recognizes that the preservation of historic sites and buildings provides both
tangible evidence of our heritage and economic advantages.
The applicants contend the"Main Street"environment in Downtown Ashland is a key factor in
maintaining Ashland's heritage and helps stimulate the local economy. The proposal will hopefully
encourage redevelopment of non-contributing sites into conforming sites and attractive human-scale
buildings that are in context with this heritage and consistent with current Planning codes.
1-7 The City shall develop and implement through law design guidelines for new development
as well as for alteration of existing structures within the historic interest areas for structures
and areas that are historically significant.
The proposed application will encourage redevelopment of sites that are inherently auto-centric by
design. Such redeveloped properties, incorporating current design standards,will create more
contextually compatible main street building facades.
I-9 The City shall develop and maintain guidelines for analyzing and resolving conflicting uses
of its historic resources,and shall encourage traditional uses of historic resources.
The adoption of the proposed Text Amendment to allow drive-up uses in the Downtown, under a
narrow list of circumstances, is intended to encourage the redevelopment of conflicting uses (surface
parking lots with surface drive-up windows) that will result in building facades and site designs that
are consistent with Ashland's Downtown traditional uses and resources.
Chanter VI Housine
VI-1 Given the scarcity and cost of land as a limited resource, conserve land and reduce the
impact of land prices on housing to the maximum extent possible.
Various policies of the City's Comprehensive Plan encourage efficient use of lands, a variety of
housing types, mixed-use housing, affordable housing, open spaces, quality design standards,historic
preservation and an efficient transportation system which the proposed amendment will hopefully
lead to and/or participate in. In this vein, redevelopment of under-utilized sites (i.e., auto centric
sites) generally encourages land use efficiency which will hopefully lead to added businesses and
residential housing. Further, redevelopment also leads to buildings that meet current building codes,
handicap access codes, contemporary energy efficiency standards and air quality standards.
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.31025 E. U R BAN DEVELOPMENT SERVICES, LLC
"E' WI$LIE}IHNgXO HOq:YELQ��RSEPNCES
72
I
I.
Nevertheless, it's clear there is a limited amount of land in Ashland's Downtown and such
redevelopment activity will create a more interesting streetscape, exciting urban environment and
lead to further compliance with Comprehensive Plan policies and goals. These include Chapter VI,
Housing,Policy VI-1 and VI-2.
Chanter VII Economic Element
To ensure that the local economy increases in its health, and diversifies in the number,type and
size of businesses consistent with the local social needs, public service capabilities, and the
retention of a high quality environment.
The proposal is intended to encourage redevelopment of non-contextually compatible buildings that
will in turn increase the health of.Ashland's economy and diversify the number, type and size of
businesses that are consistent with the local needs and will accomplish the task in a quality pattern as
regulated by the Downtown Design Standards. In the applicant's opinion, the proposal attempts to
address the intentions of the Comprehensive Plan's policies, but also understands that many changes
have occurred in recent history with new building codes, advances in technology and consumer
behavioral patterns, that the proposed code amendment is attempting to bridge. For example, large
banks, such as Ashland's Umpqua Bank or Wells Fargo Bank, would not be built to their current
size,but instead would be significantly smaller. In fact, it's well known that banks and grocery stores
and similar anchor businesses have been partnering to provide shared services.
VII-1 Policy—The City shall zone and designate within the Plan Map sufficient quantity of
lands for commercial and industrial uses to provide for the employment needs of its residents
and a portion of rural residents consistent with the population projection for the urban area.
As previously mentioned, one of the goals of the proposed amendment is to provide the mechanism
for efficient land planning on typically in-efficient"auto centric" sites. There is a limited supply of
land within the Downtown area and generally the sites with drive-up facilities have the least amount
of floor area to land ratio and thus are out of place in their"main street" neighbors.By providing the
mechanisms in the municipal code to be efficient,we can continue to be cautious and limit expansion
to outlying areas (i.e., sprawl). In reality, the proposed amendment is consistent with recent Council
and Planning Commission decisions to participate in the Regional Problem Solving Process (RPS)
where the City has committed to not expanding outward, but instead becoming more land efficient
and code creative (Pedestrian Places Ordinance,Minimum Density Standards, etc.).
VII-2 Policy—The City shall design the Land Use Ordinance to provide for:
1) New development or redevelopment in the Historic District will be compatible with the
character of the district.
The applicants contend the"Main Street"environment in Ashland's Historic Downtown is a key
factor in what is Ashland.It's the heart of the community and careful and well-thought decisions are
critical. The applicants strongly believe that the proposed amendment is well-thought out and in the
longterm,will be impacting and meaningful. Incompatible sites will be replaced with compatible
i
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.32.025 E. URBANDeveL TseVa$��y��c
uuoutY�t4lG�nnauno (,�sLF�LLC
73
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sites.Non-descript facades will be replaced with architecturally creative facades and most
importantly, surface parking lots will be converted to buildings, landscaping and plaza space.
5) Commercial or employment zones where business and residential uses are mixed. This is
especially appropriate as buffers between residential and employment or commercial areas,
and in the Downtown.
There is no doubt that businesses, lending institutions and buyers are accepting mixed-use housing as
a viable option and that the `old" is back and desirable. Not only does mixed-use housing provide a
variety of positive attributes (energy efficient, land efficient, built-in street surveillance, affordable
housing, etc.) it also is very sustainable and environmentally conscious. As such, the proposed
amendment simply attempts to "encourage"the right decision and minimize potential barriers.
7) Clear and objective standards for development reviews that provide for a quick and
predictable approval process with a reduced amount of uncertainty.
After many hours spent on the development of this application with the intent to try and produce
code language that is more predictable, the reality is the system and process is still uncertain. In the
eyes of the applicants, that's not necessarily a negative as land use planning is very complex and no
one property,no single project and no one's personality is the same.Nevertheless, the proposal does
remove a large barrier for those few property owners who would be immediately challenged by the
"prohibitive" and "grand-fathered" code language and instead. should be encouraged by the
"permitted with stipulations" code language. In the applicant's opinion, this is a very important
distinction—a distinction that.clearly reduces the amount of uncertainty.
VII-5 The City shall encourage economic development of the local resources and enhance
employment opportunities for existing residents. The City's policy is that economic
development shall always have as its primary purpose the enhancement of the community's
economic health.
The proposal is intended to encourage redevelopment of non-contextually compatible buildings that
will in turn increase the health of Ashland's economy and diversify the number, type and size of
businesses found in the Downtown that cater to the local needs of the community and its many
visitors. The result will not only be an enhancement to the community's economic health, but also its
visual appearance which, in turn, is also an economic factor and a sense of pride for Ashlanders.
Chanter VIII Parks,Open Space &Aesthetics
VIII-9 Require all new residential, commercial and industrial developments to be designed and
landscaped to a high standard to complement the proposed site and the surrounding area.
Unlike today's Planning standards, the subject properties with drive-up facilities generally have
limited landscaping or architectural presence and were clearly built during the car culture era.
Unfortunately, at that time, they did not have compatibility standards and buildings and landscapes
were designed and built solely for a single purpose with little thought of one day converting to
Zoning Ordinance Amendment
Drive-Up Uses-Chapter 18.32.025 E. MAR 2 201 yU R BAN DEVELOPMENT SERVICES, LLC
L 0 LAND USE]WININO NU OEVEEOPMEW 5EPM US
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another use - a basic sustainability factor. The proposed amendment, along with existing design
standards and time, will likely reverse that pattern and generate buildings and landscapes that
complement the surrounding
Chapter IX Public Services
IX-6 In conjunction with studies of housing, land use, downtown policies, etc., identify and
implement innovative service techniques in anticipation of major trends, needs, and economic
or environmental changes,rather than waiting to react when all options are closed.
Although this policy directly relates to providing public services, it references innovative response to
land use planning and describes the applicant's intent in which the proposed amendment is in
response to trends,technology, consumer behavior, market conditions -and - simply out of necessity
to provide an opportunity for redevelopment of the Co-op site. But, it also considers many other
drive-up sites found in the Downtown that are underutilized, incompatible and somewhat neglected.
Various community members, including a number of City staff, concur.
Chanter X Transportation
X-4 Access
b) Direct access onto streets designated as arterials should be discouraged whenever an
alternative exists or can be made available.
Direct access onto streets designated as arterials are now discouraged through a variety of code
provisions implemented through the Conditional Use Permit criteria and Site Design Standards as
well as policies of the Transportation System Plan and the State of Oregon's (ODOT) Access
Management Standards. Regardless, the applicants contend the existing drive-up facilities are
currently out of compliance with this policy and the only practical resolution to resolve this issue is
through redevelopment which the proposed amendment is designed to encourage. However, if the
decision makers believe the ordinance should also specifically regulate access management issues
within the code itself,the applicants contend it would be within their power and appropriate.
X-6 Pedestrians and Bikeways
d) Minimize conflicts between transportation types, especially when those conflicts create a
particularly hazardous area.
Conflicts between pedestrians and automobiles within the public rights-of-way should be improved
dramatically as multiple curb-cuts (conflict points) would likely be eliminated with any
redevelopment. Within the City's Municipal Code and Transportation System Plan there are
numerous provisions requiring curb-cut consolidation whenever possible which also includes code
language restricting access to secondary streets. The proposed amendment will not conflict with
these regulations or policies.
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X:10 Parking
b) Require new businesses to provide adequate parking spaces for employees and customers,
except in the downtown area.
Current zoning codes allow businesses (existing or new) to not have any on-site parking which put
additional strains on public streets and public parking lots where parking is already a premium. The
proposed ordinance simply encourages redevelopment of non-conforming drive-ups to be
underground which will hopefully also provide for some underground parking as illustrated in the
examples. Finally, it's important to note that this policy has multiple intentions which includes
"encouraging development and redevelopment" in the Downtown by not having to provide for
parking which limits the ability to fully develop property or create new businesses (parking spaces
are generally based on use). In this scenario, the opportunities exist, but not necessarily at the
expense of adding additional parking demands on the street or within the public parking lots. And, at
no cost to the City.
X-9 Fuel Consumption and Air Pollution
d)Discourage the use of drive-up windows through the implementing ordinances.
The applicants contend this particular policy has generally worked very well in 'maintaining
Ashland's charm and identity. Nevertheless, there are a variety of factors that should be considered
as the proposed ordinance amendment does not encourage nor discourage drive-up windows. The
amendment only relates to "existing drive-up facilities that are already in existence" and instead of
their current auto-centric and unattractive presence,the new code encourages their undergrounding or
predominately screening that will occur through redevelopment. The applicants further contend that
no one Comprehensive Plan Policy should be regarded so highly where it shadows the numerous
policies as noted herein and that when combined and evaluated rationally, the end result will be
significantly better than the current status quo.
Chanter XI Enerev, Air,and Water Conservation
XI-4 Commercial and Industrial Sectors
f) The City shall ensure that Chapter 53 of the Oregon Building Code,which deals with energy
conservation, is adequately enforced for businesses being constructed in Ashland. The City's
new Electrical Inspector could be especially helpful in this by evaluating lighting systems for
not only code compliance, but also for cost effective investments beyond code requirements.
Although the majority of the Comprehensive Plan's Policies relating to conservation in Ashland are
very outdated (over 30 years old) and current codes and practices are very much cutting edge, the
proposed amendment will encourage redevelopment of sites that are generally lacking any significant
conservation measures. As noted previously, one of the benefits of the amendment is a conscientious
attempt to specifically target certain sites that are underutilized, out of context to their surroundings
and also lack energy efficiencies required and encouraged through today's Building and Zoning
codes.
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Chanter XII Urbanization
It is the City of Ashland's goal to maintain a compact urban form and to include an adequate
supply of vacant land in the city so as not to hinder natural market forces within the City, and
to ensure an orderly and sequential development of land in the City limits.
The applicants support this policy without question. One of the goals of the proposed amendment is
to provide the mechanism for efficient land planning on typically in-efficient "auto centric" sites.
There is a limited supply of land within the Downtown area and generally the sites with drive-up
facilities have the least amount of floor area to land ratio and thus are "out of place" in their main
street context. By providing the mechanisms in the municipal code to be efficient, the City can
continue to be cautious and limit expansion to outlying areas (i.e., sprawl). Further, as previously
noted the proposed amendment is consistent with recent Council and Planning Commission decisions
to participate in the Regional Problem Solving Process (RPS) where the City has committed to not
expanding outward, but instead becoming more land efficient and code creative (Pedestrian Places
Ordinance, Minimum Density Standards,etc.).
Pre-Application Comments: The applicants have discussed the proposal with City Staff with
generally positive feedback, but understandably there will be reservations when dealing with a
sensitive topic that Ashland has prided itself on for the last 20 years when the City initially took
the steps to regulate drive-up uses,their number, location and design. However, in that same vein
of creativity and boldness, the applicants desire the current staff and decision makers to evaluate
the proposal as a positive and slight adjustment of the ordinance and not as a wholesale
modification.
Further, staff and the applicants had originally vacillated between the subject application being
processed as a Variance vs. a Text Amendment, but in the opinion of the then City Manager and
the applicant's legal advisors, the text amendment seemed to be the most comprehensive,
benefitting, logical, efficient and transparent route. Typically, Variances relate to a specific site
and include specific and detailed,building plans as well as Findings of Fact which the applicants
contend is not possible as no contracts exist other than a general understanding. On the other
hand, the Text Amendment is attempting to be "big picture" in its implementation by first
inserting the concept as a permitted use "under certain restrictions" and only then, via a separate
application, an applicant would then apply for Site Review Permit and have to address all of the
relevant criteria and design standards.
Overall, the applicants contend the amendment proposal is relatively straight-forward, but the
process, details, various scenarios and explanations are not. As such, the applicants have created
a Question & Answer sheet (attached) in an attempt to help answer additional questions or
concerns the community, staff and decision makers may have.
Conclusion: Finally, it should be understood the proposal is NOT to increase the "total number"
of drive-ups within Ashland as regulated by Section 18.32.025 E.3.h., but instead encourage
those existing drive-ups to.redevelop their sites that are fitting to the original character of town.
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The applicants understand there will likely be many questions and concerns to the proposed code
amendments, but hopefully as we continue to work together to answer the questions and address
the concerns, everyone will agree the proposal has merit.
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Proposed Amendment to Ashland Municipal Code, Chapter 18.32.025 E.
Drive-up Uses in the Commercial District(C-1 and C-1-D)
Existing Code Proposed Code Amendment
18.32.025 Special Permitted Uses
The following uses and their accessory uses are permitted outright subject to the
requirements of this section and the requirements of Chapter 18.72, Site Design and Use
Standards.
A. Commercial laundry, cleaning and dyeing establishments.
1. All objectionable odors associated with the use shall be confined to the lot
upon which the use is located, to the greatest extent feasible. For the purposes
of this provision, the standard for judging "objectionable odors" shall be that
of an average, reasonable person with ordinary sensibilities after taking into
consideration the character of the neighborhood in which the odor is made and
the odor is detected.
2. The use shall comply with all requirements of the Oregon Department of
Environmental Quality.
B. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If
parking areas are located within 200' of a residential district, they shall be
shielded from residences by a fence or solid vegetative screen a minimum of 4'in
height.
C. Automobile fuel sales, and automobile and truck repair facilities. These uses
may only be located in the Freeway Overlay District as shown on the official
zoning map.
D. Residential uses.
1. At least 65% of the total gross floor area of the ground floor, or at least
50% of the total lot area if there are multiple buildings shall be designated for
permitted or special permitted uses, excluding residential.
2. Residential densities shall not exceed 30 dwelling units per acre in the C-1
District, and 60 dwelling units per acre in the C-1-D District. For the purpose
of density calculations, units of less than 500 square feet of gross habitable
floor area shall count as 0.75 of a unit.
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3. Residential uses shall be subject to the same setback, landscaping, and
design standards as for permitted uses in the underlying C-1 or C-1-1)District.
4. Off-street parking shall not be required for residential uses in the C-1-D
District.
5. If the number of residential units exceeds 10, then at least 10% of the
residential units shall be affordable for moderate income persons in accord
with the standards established by resolution of the Ashland City Council
through procedures contained in the resolution. The number of units required
to be affordable shall be rounded down to the nearest whole unit.
E. Drive-up uses as defined and regulated as follows:
1. Except as noted in Section 2. below,drive-up uses may be approved in the
C-1 District only, and only in the area east of a line drawn perpendicular to
Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard.
2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined
in the Comprehensive Plan; except that that drive-up uses already existing
and located within Ashland's Historic Interest Area may be relocated to
another property or site within Ashland's Historic Interest Area subject
to the following additional requirement:
a. Existing drive-up uses within Ashland's Historic Interest Area
seeking to relocate to another site or property within Ashland's
Historic Interest Area must be either underground drive-up uses or
drive-up uses that are predominately screened, as defined in Section
18.08.805.
3. Drive-up uses are subject to the following criteria:
a. The average waiting time in line for each vehicle shall not exceed five
minutes. Failure to maintain this average waiting time may be grounds for
revocation of the approval.
b. All facilities providing drive-up service shall provide at least two
designated parking spaces immediately beyond the service window or
provide other satisfactory methods to allow customers requiring excessive
waiting time to receive service while parked.
c. A means of egress for vehicular customers who wish to leave the
waiting line shall be provided.
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d. The grade of the stacking area to the drive-up shall either be flat or
downhill to eliminate excessive fuel consumption and exhaust during the
wait in line.
e. The drive-up shall be designed to provide as much natural ventilation as
possible to eliminate the buildup of exhaust gases.
f. Sufficient stacking area shall be provided to ensure that public rights-of-
way are not obstructed.
g. The sound level of communications systems shall not exceed 55
decibels at the property line and shall otherwise comply with the Ashland
Municipal Code regarding sound levels.
h. The number of drive-up uses shall not exceed the 12 in existence on
July 1, 1984. Drive-up uses may be transferred to another location in
accord with all requirements of this section. The number of drive-up
window stalls shall not exceed 1 per location, even if the transferred use
had greater than one stall.
F. Kennel and veterinary clinics where animals are housed outside, provided
the use is not located within 200' of a residential district.
New Definition:
18.08.805 Underground Drive-up Uses.
Underground Drive-up Uses are located within the underground portion of a
building where a majority of the drive-up facilities, such as the teller window or
ATM kiosk, are either located underground, or are predominately screened and
have limited visibility from the adjacent public rights-of-way. Underground Drive-
up Uses within the Ashland Historic Interest Area shall be subject to Type III
review.
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Questions & Answers
Land Use Application
For A
Zoning Ordinance Amendment
Ashland Municipal Code - Chapter 18.32.025 E.
"Drive-Up Uses"
1) Why does the existing ordinance limiting drive-ups within the Historic Interest Area
need to be amended?
Without the proposed amendment, existing drive-up facilities(all of which are now
financial institutions—Wells Fargo, Chase,Umpqua, etc.)would likely remain in their
current auto-centric state. The proposed amendment would "encourage"these existing
sites to redevelop under the adopted Downtown Design Standards and not only create
more positive building mass along the street facades similar to the majority of downtown
block facades,but also create a more pedestrian friendly environment as envisioned in the
Downtown Design Standard's illustrations and Comprehensive Plan policies and Zoning
codes.
2) Will the proposed ordinance amendment increase the "number" of drive-ups within
the Historic Interest Area?
No. The ordinance is specific to "existing"drive-up facilities currently operating in the
Historic Interest Area who coincidently are only owned and operated by financial
institutions. As such,the number will not be increased.
3) Could an existing drive-up permit holder, outside the Historic Interest Area,
relocate into the Historic Interest Area?
No. The proposed ordinance specifically applies to existing drive-up facilities currently in
operation within the Historic Interest Area.As such,the number of drive-up facilities
would remain the same as they exist today(Wells Fargo, Chase and Umpqua Banks).
4) Could another type of drive-up facility(i.e., fast food)open in the Historic Interest
Area?
Under the current code, another type of drive-up business (i.e., fast food)could
technically occupy an existing drive-up site and only have to apply for a business license
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and sign permit. The proposed code would not change this possibility. However,it hasn't
occurred since the ordinance's original adoption over 20 years ago nor has the applicant
heard any rumors of such a possibility so it's highly unlikely.
5) It appears the existing zoning codes currently allow, under the Conditional Use
Permit process, "grand-fathered" drive-up facilities to be modified so what is the
need for the proposed amendment?
In this regard,the proposed amendment has two primary purposes. First,to remove some
of the subjectivity inherent with conditional use criteria and instead introduce language
that is more clear and objective. In reality,the existing zoning codes are very
cumbersome, complex, and subjective and thus have had a chilling effect on
redevelopment of these sites. The proposed amendments narrowly define what type of
uses ("existing"drive-ups) and how they need to redevelop (underground or
predominately screened).
The proposed language gives the applicant(s)the confidence that if they submit an
application and the submittal documentation meets the applicable standards and criteria
and the design fits, the investment can move forward. Some level of predictability is
essential.
6) Why would existing drive-up uses propose to redevelop their properties if they are
currently successful?
The reality is they may not,but at some point they will. It also has to be economical
based on sound investment analysis. The proposed amendment simply removes some of
the barriers that are real and/or are perceived that has since discouraged redevelopment of
these sites.
However, like any building, over time they need to be rehabilitated and/or replaced.
Coincidently, so do businesses such as financial institutions that have seen dramatic
changes over the least twenty years with internet technology and changes to customer
banking patterns where retooling there practices allows them to stay competitive in the
marketplace. The reality is these businesses no longer need as much space to
accommodate their practice and in some cases,no longer need their drive-up facilities.
So,why would they not want to redevelop and why occupy more square footage than is
needed and instead lease the remaining square footage? The answer is simple... the
existing codes are too arbitrary and unpredictable and the cost associated to with
Planning Applications can easily exceed$200,000 dollars (before a building permit is
even issued).
Further,the restrictions on the number of drive-up facilities in the City of Ashland have
caused an odd circumstance where they have become a coveted commodity, owned by
few that are now worth hundreds of thousands of dollars the last known transfer was
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purchased for$250,000). That said,why would an existing drive-up facility ever consider
a modification without keeping their drive-up?They wouldn't which is why the proposal
to allow a major redevelopment with underground drive-ups or with predominant
screening with some sense of predictability is'a great concept that has many positive
attributes.
.7) Is it appropriate for driveways serving underground drive-ups to cross public
sidewalks?
Generally speaking, ingress and egress from private property always cross a public
sidewalk. But,on every land use decision(Site Review, Conditional Use Permit, etc.)
there is criteria that relate to "adequate transportation facilities"which the decision
makers, advised by City staff,would base their decision on. In those cases were a
driveway would be deemed"unsafe"by the decision makers,the application would be
denied. The proposed ordinance simply allows for the opportunity to underground, but
the final design and analysis of a driveway's safety would be determined at the time of
the specific planning action.
8) What is "predominately screened" and why not amend the existing ordinance to
only apply to underground drive-ups.
The reality is the code amendment needs to have some element of flexibility with the
final decision being made by Ashland's various decision making entities- Staff,Historic
Commission and Planning Commission. Do to the variety of circumstances with each
.property(grades, lot orientation,and street relationship) as well as the basic necessities of
a drive-up window(driver side orientation, stacking needs and venting issues)the
applicants,in consultation with a number of architects and designers, felt the outcome
could easily meet the ordinance's intent. However,if it's decided by the decision makers
that the drive-up facility would not be adequately screened, it would be denied.
9) How could the proposal negatively affect Ashland's Historic Interest Area's built
environment?
It can't. In the applicant's opinion how could converting auto-centric sites into attractive
main street facades be a negative?In combination of the many design and access
management standards that"now"exist, any new development or redevelopment would
be significantly more preferable than surface parking lots or direct views onto drive-up
windows.
In particular,would it be preferable to leave the existing Wells Fargo Bank site located
between Oak and Pioneer Streets or would Ashland be better off with the redevelopment
of that site that includes attractive, active and exciting storefronts with a single 24' (+/-)
driveway off Oak Street? It's not too far from reality if one simply looks at photos of the
old Ashland Hotel that once existed;on this ro erty.
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10)Is private parking restricted in the Historic Interest Areas?
No. Although there is definitely numerous City design standards and policies that attempt
to screen and limit excessive and unattractive surface parking lots,in no way is private
parking prohibited.In fact, as long as surface parking areas are screened and main street
facades and pedestrian mobility is protected,as Land Use Planners and rational decision
makers,we should encourage"some"private parking(preferably underground), but only
where possible and feasible. In doing so,it can have no effect on the historic street
facades, would limit taxpayer financing of public parking lots and remain a critical
element to a business's success.
11)Are there examples of underground drive-up uses that work well?
Yes. In most successful metropolitan cities(where parking is usually cumbersome) such
as San Francisco, Tiburon,Portland, Austin, Ottawa, etc. all have successful underground
drive-up uses such as banks and libraries. Further,the most common drive-up(although
not a drive-up per-se)are large parking structures where there are ingress and egress
lines, tellers and payment kiosks and all work very successfully.
12)What are the logistical factors of underground or partially screened drive-up
facilities - driveway grades, queuing,ventilation, etc, and do they impact the
building's design?
Based on the City's Site Design and Use Standards,the end result must be a product that
reflects building characteristics predominately found in the Downtown. Driveway grades,
queuing, ventilation issues are generally determined by industry standards and national
building codes. Design professionals base their decisions on many factors and must
merge architectural presence, function and building code regulations in order to design
buildings.
13)Why is the Ashland Co-Op proposing the amendment and what is their benefit?
The Ashland Food Cooperative desires to resolve its well known and long-time parking
issue with its neighbor, Umpqua Bank. For many years the two businesses have
attempted to work together to minimize the congestion, anxiety and often times
frustration that occurs not only between their management, but also employees,
customers and neighbors. As with most urban parking issues, it's a slow methodical
build-up with outside influences as well as the new neighboring developments such as the
Ashland Hardware Store (previously storage yard), Oak Street Market (previously car
wash and Cantwell's store), Oak Street Tank and Steel conversion (now Plexis' Offices)
as well as.the small, but still measureable impacts of the newest businesses such as the
new Caf6 on Pioneer Street(Ruby's Neighborhood Restaurant) and the recently approved
business located at 260 N. First. Street (PA-2010-01611). Regardless of signage,
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employees and customers of these new businesses, often park on the subject property
which decreases available parking and increases the chances of drivers circulating the
surrounding neighborhood. Nevertheless, the two parties are in agreement that an
amicable solution is needed.
Note: At the present time, there are no "agreements, contracts, plans, or otherwise"
between the two entities, but both wish for a resolution to its shared parking conflicts that
allow both businesses to continue to be a positive presence in the community. A number
of meetings and phone conversations have occurred, but until this particular issue is
addressed, there will not be any formal arrangements or agreements between the two
parties. Instead, the Ashland Food Cooperative is first hoping the City agrees with the
logic of the amendment and then hoping that Umpqua Bank would sell their site to the
Ashland Food Cooperative and relocate to an area in the Downtown area that is more
fitting to their business' long term interest.
That said, after a significant amount of thought and a number of meetings with City staff,
the applicants have concluded the best solution would be to purchase the Umpqua Bank's
property and at the same time identify alternative "areas" more fitting for the bank's
needs, including its drive-thru facilities, which are equal or superior to the existing site.
In the applicant's opinion, this opportunity best exists on the old Copeland Lumber site
between Pioneer and First Streets (now vacant). Umpqua Bank has tentatively agreed
with this location, but again a final decision is dependent on the outcome of the proposed
ordinance amendment. If approved, Umpqua Bank would then likely identify a site, enter
into a purchase agreement, generate concept plans and submit an application to the City
for Planning Commission_review and approval. Following the purchase of the current
Umpqua Bank site and the relocation of the bank, customers of the Ashland Food .
Cooperative would then begin to use the parking. A small expansion to the store is also
possible and discussed in passing,but yet to be finalized.
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CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
First Reading of an Ordinance Amending Ashland Municipal Code (AMC)
14.08.030 Connection Outside City, Inside Urban Growth Boundary and Adding
AMC 14.09.020 Sewer Lateral Ownership
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm @ashland.or.us
SUMMARY
Staff is recommending Council amend AMC 14.09, codifying an existing sewer lateral policy that
requires property owners to pay for the maintenance and replacement of their sewer laterals. In
addition, staff is recommending Council amend AMC 14.08.030 changing responsibility for
determination of sewer system failure from Jackson County to "appropriate regulatory authority" for
connection outside the City limits but within the Urban Growth Boundary (UGB).
BACKGROUND AND POLICY IMPLICATIONS:
June 17, 2012 City Council Meeting
At the June 17, 2012 City Council meeting, Council directed staff to bring back fiscal impacts to the
City for replacing sewer laterals in conjunction with sewer rehabilitation projects. In order to estimate
the fiscal impact of replacing sewer laterals with sewer rehabilitation projects, staff counted the
number of sewer laterals that would need to be replaced based on the adopted six-year sewer capital
improvement list (CIP) and the internal sewer rehabilitation project list and determined that 246 sewer
laterals would need to be replaced.
The cost to replace 246 sewer laterals is $615,000 (246 x $2,500=$615,000). The fiscal impact of
adding sewer laterals to the six-year capital sewer rehabilitation project list is about $102,500 per year
which translates to an approximate 2.5% sewer rate increase. The detailed annual fiscal impact is as
follows:
FY2013 $130,000
FY2014 $ 67,500
FY2015 $ 87,500
FY2016 $155,000
FY2017 $ 80,000
FY2018 $ 95,000
Total $615,000
Page 1 of
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CITY OF
-ASHLAND
Previous Background Information
Based on an internal sewer service policy, city staff has historically required Ashland residents to pay
for maintenance and replacement of their sewer lateral from the house to the main which includes that
section located within the public right-of-way. This policy requires home owners to obtain a right-of-
way permit and pay for the cost of replacing the sewer lateral in the public right-of way at an estimated
cost of$2,500. The one exception to this policy is a 1962 Greensprings Subdivision developer's
agreement requiring the City to maintain the sewer lateral from the house to the main line for 250
homes in the subdivision.
Issue
Property owners have challenged the City's authority to require residents to maintain sewer lateral
lines. Staff was unable to find previous Council action to support the internal sewer lateral policy and
the AMC is silent on responsibility for maintenance and/or replacement.
Staff is proposing, for Council consideration, new AMC amendments that will codify the City's long-
standing sewer lateral maintenance and replacement policy which places this responsibility on the
property owners, who exclusively benefit from the use of their own sewer lateral.
Staff has reviewed the sewer lateral ordinances for several Oregon cities and found that Ashland's
internal policy of requiring property owners to maintain the sewer lateral from the property line to the
sewer main (in the public right-of-way) is consistent with most Oregon municipalities.
Medford has similar ordinance language placing responsibility for maintenance and replacement of
sewer laterals with the property owner. This is also the case with most other cities in Oregon including
Milwaukie, Grants Pass, Fairview, Ontario, McMinnville, Forest Grove, Pacific City and Bend for
example. In contrast, Oregon City, North Bend, Rogue River, Netarts-Oceanside Sanitary District,
Cottage Grove and Albany maintain the sewer lateral located in the public right-of-way.
Staff previously reported to Council that Rogue Valley Sewer Services (RVSS) (Jacksonville, Talent
and Phoenix) required property owners to maintain and replace their sewer lateral; however, when staff
took a second look at their ordinance it became clear that RVSS requires maintenance but replaces the
section of the sewer lateral located in the public right-of--way as funding allows.
In addition to the proposed sewer lateral amendments, staff is recommending a housekeeping update to
AMC 14.08.030. Under current code, one of the conditions of approval for connecting property
outside the City but inside the UGB to the City sewer system is a determination that the property
owner's sewer system has failed. Under current code, "Jackson County" is specifically named as the
entity to make that determination. Jackson County no longer makes such determinations; DEQ does.
Thus, the proposed new language directs an applicant to seek approval from an "appropriate regulatory
authority." Similarly, the proposed amendments ensure the applicant's project does not conflict with
"state or local laws, rules and regulations,"rather than limiting compliance only to Jackson County's
comprehensive plan.
Council Study Session
At the June 18, 2012 Council Study Session, staff updated the Council on the current policy of
requiring property owners to pay for the maintenance and replacement of their sewer laterals within the
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CITY OF
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public-right-of-way. During that meeting, Council requested that staff research the following four
questions:
1. Will the City or the property owner be required to replace a sewer lateral when the City has a
project(overlay, reconstruct, sewer lateral rehabilitation, etc)?
The proposed ordinance would require the property owner to pay for the replacement of sewer
lateral regardless if it is a City project or a faulty sewer lateral. If the Council would prefer the
City pay for the replacement of sewer laterals as part of a capital project then staff recommends
limiting that to sewer rehabilitation projects. If that is the case, staff recommends adding the
following language to the ordinance: In conjunction with a main line rehabilitation project,
the City will reconstruct sewer laterals within the public right-of-way at no cost to the
property owner provided sewer lateral reconstruction is incidental to and made necessary
by the main line rehabilitation. The property owner will be responsible for the work if it is
extended onto private property, or the City will perform the work and bill the owner.
2. Should the City create a policy requiring any person or agency damaging a sewer lateral to be
responsible for repair?
Staff believes a new policy is not needed because the requirement that anyone found to have
damaged a sewer lateral is already responsible for repair costs. AMC Chapter 13.02 Public
Rights of Way Section 110 Liability states that"The permittee and owner of the benefitted
property if different than the permittee shall be liable to any person who is injured or otherwise
suffers damage by reason of any encroachment allowed in accordance with the provisions of
this section. In addition, anyone working in the public right of way is required to get a Public
Works permit. All work performed under a Public Works permit must done by a contractor
with comprehensive or commercial general liability insurance to cover all claims, actions,
costs,judgments, and damages that may occur for work performed under the permit.
3. Is replacing a sewer lateral covered under homeowners insurance?
Staff checked with a local insurance agent and found the standard homeowners insurance does
not cover replacement of a sewer lateral once it leaves the house. The only exception is if the
property owner purchases specific insurance to cover those utilities outside of the home.
4. What is the replacement policy for other City utilities?
The City is responsible for the water service line from the main line up to and including the
water meter; the electric service line up to and including the meter; and the AFN (according to
a previous legal opinion from former City Attorney Paul Nolte) service line up to the property
line. There is a difference; however, between most utilities and a sewer lateral in that the City
has control of the product (water, electricity, or cable) going to the home. This is not the case
with a sewer lateral as the homeowner can damage or plug a sewer lateral by dumping grease,
foreign objects, and/or chemicals (concentrated bleach, drain cleaners, etc.).
FISCAL IMPLICATIONS:
If the City Council codifies the existing sewer lateral policy there is no fiscal impact. If, on the other
hand, the Council decides to replace sewer laterals with all sewer rehabilitation projects the fiscal
impact is about$100,000 per year or a 2.5% sewer rate increase. The total, multi-year sewer system
cost to maintain and replace the sewer lateral from the property line to the sewer main for 7,850 sewer
laterals (excluding part of the Greensprings Development) is $19,625,000 or$2,500 each.
Page 3 of 4
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve first reading of the ordinance and move the ordinance for second
reading.
SUGGESTED MOTION:
Move to approve the first reading of an ordinance amending Ashland Municipal Code(AMC)
14.08.030 Connection Outside City, Inside Urban Growth Boundary and adding AMC 14.09.020
Sewer Lateral Ownership.
ATTACHMENTS:
1. Ordinance
2. AMC 14.09; AMC 18.72.070 (D); AMC 18.80.060(B)
3. Greensprings Subdivision Map
4. Greensprings Subdivision Water and Sewer Agreement, Oak Knoll
Page 4 of 4
�r,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 14.08.030 CONNECTION -
OUTSIDE CITY, INSIDE URBAN GROWTH BOUNDARY
AND ADDING AMC 14.09.020 SEWER LATERAL OWNERSHIP
Annotated to show deletieusand additions to the code sections being modified. Deletions are
bold lined-thFough and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, State requirements for allowing properties outside the City to be connected to the
City's sewer main have changed, and the City of Ashland desires to amend the code to reflect
current regulatory requirements for such connections.
WHEREAS,the City of Ashland has historically conditioned permission to connect to the City's
sewer main on commitments by property owners to maintain, repair or replace building sewer
laterals from the building to the public Sewer Main.
WHEREAS, the City of Ashland desires to codify historic practices to establish workable and
uniform decision making.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14.08.030 is hereby amended to read as follows:
14.08.030 Connection- Outside City,Inside Urban Growth Boundary
An occupied dwelling or building located outside the City of Ashland and inside the urban
growth boundary may be connected to the sewer system when such connection is determined by
the Ashland City Council to be in the best interest of the City of Ashland and to not be
detrimental to the City's sewerage facilities. Such connection shall be made only upon the
following conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development
charges established by the City Council.
Ordinance No. _ Page 1 of 4
R in the event a dwelling or building ee.,.,eeted to the sower System i.. Subsequently re..L,..vA
for an.,reason, then the r-eplaeement dwelling,.F building may eopmeeted to the sewer system 8
the City as long ass the 11q@ of ths system will nat he insfeased As determined by the
GB. The applicant sheR be FeSPOBSiblP fQ pays the full cost of extending the City of Ashland
sewer main or line to the property for which sewer service is being requested.
DC. The applicant shall seeure secures, in writing, statements from the deeksaft County
appropriate regulatory authority that the existing sewage system has failed and that the
provision of sewer by the City of Ashland does not conflict with the daeksen-t aunt)
state and local laws, rules
and regulations.
191). The applicant furnishes to the City a consent to the annexation of the land, signed by the
owners of record and notarized so that it may be recorded by the City and binding on future
owners of the land.
FE. The applicant shall provides for the payment to the City by , at the time of
annexation, an amount equal to the current assessment for liabilities and indebtedness previously
contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by
the number of years remaining on such indebtedness, so that the land may be withdrawn from
such public service districts in accord with ORS 222.520 and at no present or future expense to
the City.
GF. The owner shall executes a deed restriction preventing the partitioning or subdivision of the
land prior to annexation to the City.
SIG. That The land is within the Urban Growth Boundary.
H. In the event of connecting a replacement dwelling or building to the sewer system, the
connection does not increase use of the sewer system as determined by the Director of
Public Works.
(Ord 2704, 1993; Ord 2861, 2000)
SECTION 2. Chapter 14.09.020 is hereby added to read as follows:
14.09.020 Sewer Lateral Ownership
A. Definitions
1. "Building Sewer Lateral' refers to the extension of the sewer pipeline from
the building drain to the public sewer main line.
Ordinance No. Page 2 of 4
2. "Sewer Main" is the public sewer system, typically comprised of 6-inch and
larger pipelines located within public right-of-ways or easements.
3. "Sewer Connection" is the location where the sewer lateral connects to the
Sewer Main, including any pipe fittings or materials used to make the
connection.
4. "Property Owner" means any person, firm, partnership or corporation.
5. "Deficiency of a Service Lateral' means a defect(broken pipe, leaky joints,
protruding service, etc.) in the service line or connection to the main line that
results in infiltration, obstructs flow, creates a subsurface void, allows
wastewater to exfiltrate, or creates a risk of sanitary sewer overflows.
B. Ownership and Responsibility
1. It shall be the responsibility of the property owner to repair or replace any
building sewer lateral showing any defect including, but not limited to, leaks,
breaks, settlement, or stoppages. Any loss or damage to any public facility
caused either by improper installation or maintenance procedures will also
be the property owner's responsibility.
2. The City reserves the right to cease water and/or sewer service to the
property owner in the event that a significant deficiency is not corrected in a
timely manner by the property owner after being notified by the City.
3. In the event that the City installs or relocates a building sewer lateral within
a public right-of-way for purposes other than to correct deficiencies in the
property owner's building sewer lateral, the city shall maintain the sewer
lateral for one year from the date of final inspection. Maintenance after this
date becomes the responsibility of the property owner.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
Ordinance No. _ Page 3 of 4
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this_day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 4 of 4
ASHLAND MUNICIPAL CODE
CHAPTER 14.09
SEWER SYSTEM--REGULATIONS
SECTIONS:
14.09.010 Phosphate Ban
SECTION 14.09.010 Phosphate Ban
The Council recognizes its authority and responsibility to plan and provide for control of sewerage,
surface water, and water supply. The Council hereby finds that phosphorus loading of surface waters
is currently a serious pollution problem affecting water quality in the Bear Creek Sub-basin and
threatens future water quality in other surface waters of the region. Phosphate detergents contribute
significant phosphorus loading to the treated wastewater released to surface water into Bear Creek.
Phosphorous loading has become a pollution problem, and state standards will require additional
wastewater treatment facilities at public expense beyond primary and secondary treatment facilities.
This Ordinance is enacted to reduce phosphorus pollution at its source to maintain existing water
quality and to enhance cost-effective wastewater treatment where phosphorus pollution has been
identified as a serious pollution problem by the State of Oregon Environmental Quality Commission.
A. Definitions.
1. "Cleaning agent" means any product, including but not limited to soaps and detergents,
containing a surfactant as a wetting or dirt emulsifying agent and used primarily for
domestic or commercial cleaning purposes, including, but not limited to the cleansing of
fabrics, dishes, food utensils, and household and commercial premises. Cleaning agent
shall not mean foods, drugs, cosmetics, insecticides, fungicides and rodenticides, or
cleaning agents exempt from this Ordinance.
2. "Phosphorus" means elemental phosphors.
3. "Person" means any person, firm,partnership or corporation.
B. Prohibition. No person may sell or distribute for sale within the City of Ashland City Limits,
any cleaning agents containing more than 0.5 percent phosphors by weight except cleaning
agents used in automatic dishwashing machines shall not exceed 8.7 percent phosphorus by
weight.
C. Exemptions. This Ordinance shall not apply to any cleaning agent:
1. Used in dairy,beverage,or food processing equipment.
2. Used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including
phosphoric acid products or trisodium phosphate.
3. Used in hospitals,veterinary hospitals or clinics,or health care facilities.
4. Used in agricultural production and the production of electronic components.
5. Used in a commercial laundry for laundry services provided to hospital or health care
facility or for a veterinary hospital or clinic.
6. Used by industry for metal cleaning or conditioning.
7. Used in any laboratory, including a biological laboratory, research facility, chemical,
electronics or engineering laboratory.
8. Used for cleaning hard surfaces, including household cleansers for windows, sinks,
counters,stoves,tubs or other food preparation surfaces,and plumbing fixtures.
9. Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended
for use in closed systems, such as boilers, air conditioners, cooling towers or hot water
systems.
Page I of 2
ASHLAND MUNICIPAL CODE
10. For which the Council determines that imposition of this Ordinance will either:
a. create a significant hardship on the user;or
b. be unreasonable because of the lack of an adequate substitute cleaning agent.
D. Severability. The provisions of this Ordinance are severable. If any provision of this
Ordinance or its application to any person or circumstance is held invalid,the invalidity shall
not affect other provisions or application of this Ordinance which can be given without the
invalid provision or application.
E. Penalty. Any person violating any of the provisions of this chapter is, upon conviction, guilty
of a Class III Violation and shall be subject to the penalties as set forth in Section 1.08.020.
(Ord. 2623, 1991)
(Ord 3029,amended,08103/2010)
Page 2 of 2
SECTION 18.72.070 Criteria for Approval.
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property. All improvements in the street right-of-way shall
comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655,
1991;Ord 2836 S6, 1999)
Page I of 1
SECTION 18.80.060 Improvements.
A. Improvement procedure. In addition to other requirements, improvements installed by the
subdivider either as a requirement of these regulations or at subdividers own option shall conform to
the requirements of this Title and improvement standards and specifications followed by the City.
The improvements shall be installed in accordance with the following procedure:
I. Work shall not begin until plans have been checked for adequacy and approved by the City. To
the extent necessary for evaluation of the subdivision proposal, the plans may be required before
approval of the final map.
2. Work shall not begin until the City has been notified in advance, and if work has been
discontinued for any reason, it shall not be resumed until the City has been notified.
3. Improvements shall be constructed under the inspection and to the satisfaction of the City. The
City may require changes in typical sections and details if unusual conditions arise during
construction to warrant the change in the public interest.
4. All underground utilities, sanitary sewers, and storm drains installed in streets shall be
constructed prior to the surfacing of such streets. Stubs for service connections for all
underground utilities and sanitary sewers shall be placed to such lengths as will obviate the
necessity for disturbing the street improvements when service connections are made.
5. A reproducible map showing all public improvements as built shall be filed with the City
Engineer upon completion of such improvements.
B. Improvement requirements. Improvements to be installed at the expense of the land divider are as
follows:
1. Interior streets. All interior streets shall be graded for the entire right-of-way width, and
roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider shall
improve the extension of all subdivision streets to the center line of existing streets with which
subdivision streets intersect.
2. Exterior unimproved streets. When part of a proposed subdivision or major land partition
abuts an existing unimproved street, the property owner, or a representative, shall satisfy the
minor land partition improvement requirements and sign an agreement in favor of improving said
street in the future to full City standards as outlined in this Section.
3. Structures. Structures specified as necessary by the City, for drainage,access, and public safety
shall be installed.
4. Sidewalks. Sidewalks may be required on one(1) or both sides of the street at the discretion of
the Planning Commission. Such requirement shall be related to the general level and type of
development in the area, the anticipated level of pedestrian traffic, and the safety and
convenience of children and other pedestrians.
5. Improvements to be installed or provided by subdividers include all items required by the
Director of Public Works at the time of the subdivider's plat and construction plan and
specification approval.
6. Sewers. Sanitary sewer facilities including laterals connecting with the existing City sewer
system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within
the City. Storm water sewers shall be installed as required by the City.
7. Water. Water mains and services, fire hydrants of design, layout,and locations approved by the
Director of Public Works as conforming to City standards shall be installed.
8. Street trees. Street trees may be required by the Planning Commission and shall conform with a
City street tree plan or specific requirements of the Commission relating to tree type, size and
spacing.
9. Landscaping on lots where the allowable percentage of lot disturbance has been exceeded.
10. Monuments. Upon completion of street improvements, monuments shall be re-established and
protected in monument boxes at every sheet intersection and at all points of intersection, or at all
points or curvature and points of tangency of street center lines.
C. Underground utilities - required. All on site utility lines, including but not limited to electric,
Page I of 2
communications, street lighting, and cable television, shall be installed underground, except as
provided in "D" below. For the purpose of this section, appurtenances and associated equipment
such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and
meter cabinets, terminations for concealed ducts in an underground system, and street lighting
structures and fixtures may be placed above ground. This section does not apply to utility lines
which do not provide service to the area being subdivided.
D. Underground Utilities - Exceptions. Minor land partitions shall not be required to provide
underground utilities, provided that all new service for residential uses shall have installed a service
panel and stubbed conduit to convert to underground utilities at a future date.
E. Underground Utilities - Cost. The developer shall deposit with the City the total fee required in
Section 14.16.030 of this Code, and shall be responsible for all trenching and backfilling. (Ord. 2148
S2, 1981)]
F. Underground Utilities-Rules and Regulations. The City Council may, by resolution, adopt rules
and regulations governing the installation and allocation of costs for underground utility extensions.
(Ord.2148 S3, 198 1)
G. Safety Street Lighting. Safety street lighting shall be provided by the developer in new
subdivisions and in private developments of five (5) acres or more. Developer shall bear all costs
except wiring, maintenance and energy. All street lighting improvements shall be installed to the
satisfaction of the Electric Superintendent in accordance with the specifications on file in the office
of the Electric Superintendent. The amount and intensity of illumination provided for street lighting
shall be in accordance with the standards established by the illuminating Engineering Society,
American Standard Association,as approved by the Electric Department.
Page 2 of 2
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9
"75"09838
AGREEMENT
BETWEEN
CITY OF ASHLAND - B & G PROPERTIES, INC.
WATER AND SEWER
TTHIS AGREEMENT made and entered into this�.i/.,r%day of
rl /1L V 1975, between B & G PROPERTIES, INC. , an Oregon
corporation', hereinafter referred to as "B & G" , and CITY
OF ASHLAND, an Oregon municipal corporation, hereinafter
referred to as "Ashland" ,
WITNESSETH:
RECITALS :
1 . Oak Knoll-1 (described in Exhibit "A" attached) has
been furnished water and sewer services by Ashland for a
number of years pursuant to the terms of agreement dated
May 1, 1962, a copy of which is attached as Exhibit "B" .
2 . B & G is the successor to the second party in the
I
agreement dated Kay 1, 1962 . It is the purpose of this
agreement to replace the agreement of May 1, 1962 , by this agreement.
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual covenants contained herein, it is agreed
b the
Y Parties hereto as follows:
I
The agreement dated May 1, 1962 is hereby rescinded and
i
1 - Agreement
/(�r✓� v TG . j j�! //��C'I��DE C /7Y
'75098.38
shall no longer be operative from the date hereof.
II
For the purpose of this agreement the following terms
have the following definitions :.
1 . Water service connection: A pipe conveying water
from a water main. to a parcel . of land . It consists of
pipe , fittings, valves, meter and meter box .
2 . Water Main: A pipe conveying water from a water
transmission line to any number of water services . It
consists of pipe, fittings and valves .
3. Water main appurtenances : Those items which are
necessary for the proper operation of a water main
under the particular circumstances and which include,
but are not limited to, valve vaults, thrust rods or
blocks , fire hydrants, flushing outlets , pressure
regulators , and regulatory vaults .
4 . Sewer lateral : A pipe conveying sewage from a parcel
of land to a sewer trunk. It consists of pipe , fittings
and ,jointing material .
5 . Sewer trunk: A pipe conveying sewage from a number
of sewer laterals to an interceptor . It consists of
pipe, fittings and ,jointing material.
6 . Sewer trunk appurtenances : Those items which are
necessary for the proper operation of a sewer trunk in
the particular circumstances and which include , but
are not limited to, manholes, cleanouts, thrust rods or
blocks and pipe encasements .
i
III
i Oak Knoll-1 shall be' only for single-family dwelling units
I
and shall consist of not more than 118 lots . There are
I
� approximately 55 lots which have been developed and are
presently connected to the water and sewer services of Ashland.
I
2 _ Agreement .
i
- '7509838
There are 44 vacant lots with water and sewer services
installed and 19 lots without services installed all of
which lots shal1 be entitled to Ashland water and sewer services
upon compliance with the following terms and conditions :
1 . All extensions of water and sewer facilities shall
be done in accord with Ashland's regulations and subject
to the inspection of the personnel of Ashland and approval in
accordance with all applicable city, county and state standards
before service shall be furnished to the particular lot
in question.
2 . There is a differential in the connection charges
which is determined by whether the connection is to a . water
main or sewer trunk existing at the date of this agreement
or whether the water main or sewer trunk are hereafter
installed . The connection charges are as follows :
A. In the case of water mains and sewer trunks
in existence on the date of this agreement the
connection charges shall be as follows :
With respect to water,
3/4 inch x$375. 00
1 inch 515 . 00
1 112 inch =675..00
2 inches 7.$5.:00
4 inches and over 100 .0-0
Cost + .I
3 - Agreement
',75-09838
With respect to sewer,
4 inch lateral connection from
trunk line to normal curb line $370 .00
6 inch lateral connection from
trunk line to normal curb line 430 .00
8 inch lateral connection from
trunk line to normal curb line 625•.00
10 inch or over lateral connection
from trunk line to normal curb
line Cost + 100.00 '
B. In the case of water mains and sewer trunks
constructed after the date of this agreement, they shall
be constructed by B & G at its expense . The connection
charges shall be as follows :
With respect to water (the service connection shall be made
by Ashland) as follows :
Service size Rate
3/4. inch $275.00
1 inch 415 .00
1 1/2 inch 5.7.5 .00
2 inches 6,85 .00
4 inches and over COST
i
j With respect to sewer, the trunks and laterals shall be
installed by B & 0-at Its expense .
i
3 • B & G agrees that in all conveyances of lots and property
the conveyance shall contain a provision that the grantee covenants
for himself, his heirs and assigns, to consent to the annexation
to Ashland at any time Ashland may desire to annex such property .
4 - Agreement
'75-09838
A covenant in substantially the following language shall be in
compliance with the terms of this agreement :
The grantee for himself, his heirs , successors and
assigns covenants and 'agrees that the property conveyed
by this deed shall be subject to annexation by the
city of Ashland.
Grantee 's acceptance and recording of this deed shall
be considered his application and consent to such annexation.
Grantee further convenants that in the event of such
annexation grantee shall satisfy the bonded indebtedness
to any special service districts outstanding against grantee ' s
property at the time of such annexation if withdrawal of said
property from the special service district is required.
The foregoing covenants shall be appurtenant to and run
with the land until the 31st day of December, 1980.
4 . In the event of annexation of Oak Knoll-I , no annexation
fee shall be payable to Ashland . B & G does consent to the
annexation of all land owned by it in Oak Knoll-I . In the event
of annexation B & G shall satisfy the bonded indebtedness to any
special service district outstanding against B & G' s property at
the time of such annexation if Ashland chooses to withdraw the
property from the special service district .
IV.
Oak Knoll-II is situated in the county of Jackson, state .
of Oregon and is more particularly described on Exhibit "C" .
which is attached hereto and made a part hereof . Oak Knoll-II
shall be developed so that there will not be more than 132
dwelling units on said property . The land embraced in
I
Oak Knoll-II shall be used for no other purpose than dwelling
units , unless permitted by Ashland. The units shall be
developed in accordance with all city rules and regulations ,
I
i
5 - Agreement
I
75-09838
the same as though the property were situated within the City
of .Ashland. If the property is developed as a planned unit
development, such development shall be in accordance with
i
Ashland's regulations for planned unit developments . Ashland
may consider the use of the entire parcel and the maximum
density of 132 dwelling units in approving the planned unit
development.
it
. The following rules , regulations and terms shall apply to
the use of Oak Knoll-II and with being furnished water and
i
sewer services by Ashland:
1 . Water facilities :
A. Mains and reasonably necessary appurtenances shall be
installed by B g G in accord with plans and specifications
which have been submitted to Ashland for its review and
approval in accord with all then existing city , county
and state regulations . After they are installed, they
shall become the property of Ashland,
S:. The service connection, The cost thereof shall be
in accord with_ the current charges of Ashland at the
time connection is requested, The cost shall be paid
to Ashland at the time installation is requested.
2 . Sewer facilitiess
A. The entire sewer facility, which. shall include trunks
and laterals , shall be installed by $ $ G subfe.ct-to eview
aiid approval
�a€ipdarts _and. `spec-i i:eat: ons Fjy: sTsiatid in
accord "with al1 theeAoxisfringammktyt caui�ty,add.,sta:t_"tules�
and regulations . During construction, Ashland shall have the
right to inspect construction work if it so desires . After
approval, the trunks and laterals shall become the property
of Ashland and shall be maintained and replaced by Ashland
as it deems necessary.
6 - Agreement.
i
75-09836
B. If 'a sewage pumping station is required, in
the opinion of Ashland, to serve any portion of
Oak Knoll-II, it shall be installed by B & G
•and' at its expense . It shall become the property
of Ashland in accord with the foregoing provisions .
i
4 . To serve Oak Knoll-II with water it will be necessary
for Ashland to extend its 12 inch water main from its existing
i
point of termination at Siskiyou Boulevard and Crowson Road
to the water system to be built on Oak Knoll-II . B. & G shall
pay to Ashland all installation costs and material costs
of an 8 inch main And Ashland shall pay the excess of the
material and installation costs over the costs thereof of
an 8 inch main. It is estimated at this time the cost to
B & G .would be approximately $ 32 ,900 .00 This project
shall be either put out to bid by private contractors by
I
Ashland or the work done by Ashland at its election. In
either event B & 'G shall deposit with Ashland the amount
of the bid or Ashland' s estimate of the project cost before
the work is commenced by Ashland or the. contract entered into
I
between Ashland and the private contractor.
Any properties connecting to this water main within '10 years
of its completion, which fronts on Crowson Road between Siskiyou
Boulevard and the point at which the water main leaves Crowson
Road and turns toward Oak Knoll-II , shall be required to
pay to Ashland the sum- of $400. 00 for each water connection .
I
Ashland shall pay such sum over to B & G to compensate it
in part for the cost of the extension of said water main .
It should be noted, however, that at present the policies
of Ashland do not permit extension of water services to users
outside the City of Ashland . B & G acknowledges this fact
7. - Agreement
75-09838
and that there is not any present plan to change this policy . At
completion of the construction of this water main, it shall become
the property of Ashland. .
5 . $ & 0 agrees that the deeds to all lots or property sold
by it after the date of this agreement shall contain a covenant
i
substantially in the language of the covenant set forth in paragraph
3, page 5 . The grantee shall further covenant that the owner at the
time of annexation will pay to the city l cent for each square foot
of land annexed to the city as an annexation fee . This covenant shall
be substantially as follows :
Grantee, for himself, .his heirs , successors and assigns,
covenants and agrees that at the time the property is
annexed to the city of Ashland the owner will pay to the
city 1 cent for each square foot of land annexed to the
city as .an annexation fee .
The consent to annexation and agreement to pay the annexation fee
and cost of withdrawing the property from special service districts
applies also to B & G, and land owned by it in Oak Knoll-II at the
time of annexation.
V.
Ashland has a sulphur water spring east of Crowson Road. The
line from this spring crosses the land described herein which is owned
by B & G. Ashland shall have the right to maintain this line and to
go upon the land to accomplish this maintenance . If B & G finds it
necessary to, move this line , it shall do so at its sole expense .
VI.
The following requirements apply to both Oak Knoll-I and
I
Oak Knoll-II as described in Exhibits "A" and "C" and the continuance
of water and sewer service to these properties is conditioned upon
I
full compliance with the following terms and conditions :
8 Agreement
7509838
1 . Before installation of any new facilities , the plans
and specifications therefor shall be presented to Ashland
for its review and approval in accordance with all city,
I
county and state regulations .
2 . All water and sewer facilities shall be , upon com-
pletion and acceptance by Ashland and upon receipt of
"as-built" s drawin the
g property of Ashland and from that I
time on Ashland shall maintain and replace such lines as
may be necessary. No sewer and water service will be fur-
nished until the water and sewer facilities have been completed
and become the property of Ashland in accordance with this
agreement.
3. All regulations , connection charges and rates are based
upon the ordinances of the City of Ashland shall be as the ordin-
ances presently read or as they may be changed in the future. In
no case , however, shall a greater burden be placed on the property*,j
which is the subject of this agreement than upon other users out-
side of Ashland who are similarly situated.
4 . Ashland shall have the right to enforce the payment of water
i
and sewer charges by users as . tfi6y Nave with"=re'spect to. .users '.of
such services within Ashland. All city ordinances pertaining to
I
the use of these services shall apply except as may be herein
stated to the contrary.
S . Ashland agrees to provide adequate water service for
i
the users in Oak Knoll-I and Oak Knoll-II subject to limitations
of water supply and subject to the condition thdt said water
9 - Agreement.
I
75-09838
users are required to use water for domestic purposes only except
when sufficient supply is available to permit lawn and household
garden irrigation, and Ashland . is to be the sole judge of such
available supply, and further subject to the provisions of 224 .010
I
et seq. Oregon Revised Statutes .
Streets and storm sewers shall be constructed after first
submitting plans and specifications to Ashland for its review and
approval in accord with all existing city, county, and state regu-
lations and standard engineering practices . . Such streets and storm
sewers shall be maintained by B $ G unless the property upon which
they are situated is annexed by Ashland.
7. All utilities including sewer, water, telephone ; electricity
and cable TV shall be underground,
VII .
It is the intention of the parties that the burdens imposed
upon the land described in Exhibits ''A" and "C" which are now
owned by B $ G are intended to be burdens on the land and to run
with the land and be fully binding upon the successors and assigns
of B 6 G.
VIII ,
This agreement shall be binding upon and inure to the benefit
of B F, G, its successors and assigns .
i
I
1
10 - Agreement .
I
75-09838
IN WITNESS WHEREOF, the parties have hereunto set their
hand the day and year first hereinabove written.
B & G .PROPERTIES , INC. CITY 97 ASHLAND
By By
resident May
By � �' tT �/ gy-7L d
Sec •etary , Ci Recorder
STATE OF OREGON )
ss .
County? of. Jackson )
On this W day of 'TIVA 1975, before me appeared
GARY L. PRICKETT and JOSEPH [ JBUTLER, both to me personally
known, .who, being duly sworn did say that he the said
GARY L. PRICKETT is the Mayor and he the said JOSEPH M. BUTLER
is the City Recorder of the City of Ashland, the within
t0namgd municipal corporation, and the said GARY L. PRICKETT
4 a4id Y'O§EPH M. BUTLER each acknowledged to me that the said
`' ` 4agreq�eS3t was the free act of the city .
OTA, "
�; � t1G •:'� , Notary—Pub-11c for Oregon
�r) ' My commission expires :
MY COMMISSION EXPIRQ, J_llllE 14a 1�
STATE OF OREGON )
as .
County of Jackson. )
On this day of ��� 1975, before me appeared
W. A. GRAFF and OTTO J/ RO MAYER, both to me personally
known, who, being duly swor did say that he the said
W. A,, GRAFF is the president and he the said OTTO J.
FROHNMAYE�-As ..ta a secretary of B -& G Properties, INc, and
each ackhAWles0g5'd,,to me that the said agreement was the free
act of: sixd---
cor daxion.
J,
:.0
y ? o Notary Public for Ore n
My commission expires: -�c-- `
11 - Agreement .
•.�. 5ci�� �Nd PX1 qU.. / - EXHIBIT „Air
75-09838 OAK KNOLL - I
COb'MENCING at the corner common to Sections 11, 12 , 13,
and 14 , Township 39 South, Range 1 East, Willamette Meridian,
Jackson Countv; Oregon; thence along the .East boundary of
said Section. l4, South 0 001110" West, 283 . 68 feet to an 8"
diameter by 24" concrete monument with a bronze disk for the
initial point of beginning; thence along the East boundary
of said Section 14, South 0 002110" West, 1420 .03 feet; thence
South 32032120" West, 150 . 30 feet; thence South 63 021 ' West,
154 . 25 feet; thence South 26°39 ' East, .120. 00 ,feet;. thence South
63 021 ' West, 104 . 5.7 feet; thence on the arc of a 160 .00 foot '
radius curve right (the chord bears South 13°70'10" West, 140. 68
feet) a distance of 145. 66 feet; thence South 39°I5 ' West, 7.33 feet;
thence on the arc of a 20 'foot radius curve. left, (the chord
bears South 1'29 '20" West, - 24 . 50. feet) a distance of 26 . 36 feet;
thence on the arc o= a 130 foot radius curve right, (the chord
- bears South 28020140" East, 49 . 65 feet) a distance of 49 .81 feet;
thence South 69035.' West 60. 00 feet; thence South 76 008 ' 21" West
255. 24 feet to the Northeasterly boundary of Interstate Highway
n5; thence North 26639 ' West along said Highway boundary 599 . 62
feet to an .intersection with the West boundary of Donation
Land Claim No. S2 of said Township and Range; thence along
said Claim boundary North 0000' 50" West, 265'. 29 feet; thence
North 37°54 ' East, 263 . 47 feet; thence South 52 006' East
100 . 00 feet; thence North 37'54 ' East,. 20. 00 feet; thence
North 52006 ' West 100. 00 feet; thence North 32 051 '4.8" E, 57 .96 feet;
thence North 14°22' 43" East, 60. 50 feet; thence North 11 040 ' 39"
East 65. 75 feet; thence North 16 011156" East , 91. 15 feet; thence
North 31'27' 06" East, 79 . 52 feet; thence North 38 047 ' 08
East, 49 . 57 feet; thence North 57 006 ' West, 159. 20 feet;
thence South 32 054 ' West, 250. 87 feet; thence 7 . 47 feet along
the arc of a curve left, (which arc has a radius of 13. 00
feet and a long chord of South 16°26 ' 35" West, 7 . 37 feet) ;
thence South 89 059 ' 10" West, 60 . 00 feet to the mest
boundary of Donation Land. Claim No.. 52 of said Township
and Range; thence along said Claim boundary, North 0 000.' 50"
West, 215 . 82 feet; thence North 89 059110" East, 60 .00 feet;
thence 77. 01 feet along the arc a curve left (which arc
has a radius of 30 . 00 feet and a long chord of South 73°33 ' 25"
East, 57 . 54 . feet) ; thence North 32°54 ' East, 151. 22 feet;
thence 39 . 86 feet along the arc of a curve left (which arc
has a radius of 170 : 00 feet and a long chord of North 26'11' East,
39 . 77 feet) ; thence North 1902.8 ' East, 110. 49 feet; thence
101. 01 feet along the arc of a curve right (which has a
radius of 530. 00 feet and a long chord of North 24 055 ' 35"
East, 100 . 85 feet) ; thence North 54 054' West, 131 . 77 feet; '
thence North 35 006 ' East, 558. 05 feet; thence South 54 054 '
East, 108.12 feet; thence North 31 035 ' East, 208 . 50 feet to
the Southwesterly boundary of the GREENSPRINGS HIGHWAY; thence
along said Highway boundary, South 58 025 ' East, 282. 06 feet;
thence along said Highway boundary 111.88 feet along the arc
of a curve right, (which arc has a radius of 686 . 20 feet and
a long chord of South 53044 ' 45" East, 111 . 76 feet) ; thence
South 45008 ' 55" West, 266. 78 feet to the initial point of
beginning.
�� , Exhibit. "A"
'75-09838
EXHIBIT "C"
OAK KNOLL-II
Beginning at the most Northerly corner of that tract of land described
in Warranty Deed to Oak Knoll Land Corporation recorded February 71 1962 .
in the Book 540 page' 362, Deed -"Records of Jackson County, Oregon, which
corner is on the West line of Section 13, Township 39 South, Range 1
East of the Willamette i,feridian: in Jackson County, Oregon, 1220. 0 feet
North .0°02 '10" East o£ the Northwest corner. of Donation Land Claim
No. 54, .said Township and Range and. from said point of beginning run
thence South e4°46'East along the Easterlp. Iine or said Oak Knoll Land
Corporation tract 1718,0 feet', more or less, to the North line oz said .
Donation Land Claim No. 54; thence West, along the North line of . said
Donation Land Claim No. 54, 316.36 feet, more or less, to the Northwest
corner of that tract of land conveyed to James B. Smith, et ux, by deed
recorded March 9, 1966, as No. 66-..02770, Official Records of Jackson
County, Oregon; thence South, along the West line of said Smith tract'
s
437.03 feet, more or less to the Northwesterly' right-of"-way line of
Crowson Road; thence" Southwesterly, along the Northwesterly right-of-way
line of Crowson Road to its intersection with the ?northeasterly right—
of-way line of interstate Highway No. 5; thence Northwesterly, along
the Northeasterly right-of-way line of Interstate Highway No. 5 to
its intersection with the West line of Donation Lard Claim No. 52, .said
Township and Range ; thence North, along the Tfast line of said Donation
Land Claim No. 52 to its intersection with the South right-of-way line
of Oregon State Highway No. . 66 ; thence Easterly, along the South right-
of-way line. of said Oregon State Highway No, 66 to its intersection
with the Rest line of Section 12, said Township and Range ; thence South
along the West lines of said Sections 12 and 13, 1920 feet, more or .
less to the point of beginning, in Jackson County, Oregon.
COMMENCING at the west-northwest corner of Donation Land
Claim No. 53 in Township 39 South, Range d East of the Willamette
Meridian in Jackson county, Oregon, thence South 89 0.47 ' East, along the
north line of said claim, 117- 52 feet to the southwesterly
right, of way line of Highway #66; thence North 384,;56 ' West, along
said line 282. 90 feet to the true point of beginning; thence
South 163 - 80 feet; thence North 38 000 ' West 350. 00 feet;
thence North 43°42 ' West 200 . 0 feet; 'thence North 64 112 ' West 60. 00
feet; thence South 87 013 ' West 221. 0, feet to the .west line
of Section 13, said township and range; thence North 0 006'. east, along
said line, 371. 4 feet to the northwest corner therec.f; "
thence east along the north line of. said section 50 . 0 feet
to the southwesterly right of way line of said Highway 4166;
thence South 49 056 ' East 2.36 . 52 feet; thence South 38°56 ' East
631. 37 feet to the true point of beginning. EXCEPTING from the
above parcels that part lying within the boundaries of GREENSPRINGS
SUBDIVISION and GREENSPRINGS SUBDIVISION EXTEkSION NO. 1, according
to the official plats thereof now of record in Jackson county,
Oregon. (Oak Knoll-I . ) (Exhibit "A")
State ct Oregon, County of Jackson--SS.
The��.JJThin ms?rument received and filed at ' o'ctog k
gym. the day of19_2c
Recorded in Reco s for Jackson County
Oregon. County Clerk.
/3
fa y Denuty
Exhibit_ "C"
ME%HIBIT ..Bu .
r _ .
'Fills A £rL;NT� KHda ant �r.terfv- Ins, tTSa let dal of may,
b y and betraen the CITY og kSHIAFeU• a eonicfpal corporation
of tf state of Oregon, herainafter lmowa as the Mir at Party, sad
pACIy1C WnTLLOPld:aT CQiPORAT,1099 an Oragoa eorpoTat3:on:a.
'`" pp 7s�fmgpafter known us the. iseoad Party•
t �i:ff0• tho fieeond_ Party and its assigns are contasplatiag
eatablisbaent' of a retirement dsvelopasat ad'acsst .t® tbb Oak.
-? lbon golf
Course which is onside of 'tha City of Ashlaadt sim& it
cta ,-
u St 0stamplated that approximately 250 homes are to be oaasfamaW
�.,.� ,4w i♦axE property-9 principally for the purpose of 'solo to reLiitaA.
y; r' `' A8• .it is necessary that the developers halt aawas *ad
^w Ild'tDr for said homes• and "
OMMX" it is the opinion of the mewbern of the 4000010 Cow Cil,
a -:.00 thm City .of Ashland that such a development boald be of great
z-..,
o'IiNOWIt to the First Party and the citisens of Ashland,
lII�Q�tTg� .in consideration of the covenants wad conditions
aamertinattsr stated this parties do hereby T agree an tollpwt via..:
- ;%w Vim party doss hereby covenant and agree to construct,
homes as reaeou 3y possible after the exercising by Useed Party
or the opt
Lona to purchase the land for the above mentioned develop-
coat rotor mains. of a nine sufficient to take care of the proposed
i?f�, 1.,>. , a2dpment from `he pre-ssnt and of the city water limes to the
r LC
y �
prerperty lies of the proposed development wad a onver line fry t'no
;$ "smwgp diapoaal plant of the First Party to the property Liao of tto
proposed development located on Highway 66 at the approximate locate
W p,
to 'beets'lI La `
� LAt is tm WA -bj .tha' SeeenB hrtr,. .Y x
r 4 f'T'
'-;;Vb* aaatt Q9 the torogctng installatiaua atetlD. '�,
aY
#►asQta
r
` (a) the Pirot Party shall pay for the rest 4y,
x= *onus'oaf ttv saner erefci from the prosNet smiia It
S~sestieoo of Tolman Crest RosQ sed, 2"l:` >S
i•
4W" jaaheen County, Megan, for t rs asaa a ;' a
tt of the health .as3 welfare of the eftis�ts �s�` y `�
� '? I�ttt'tbftro be sdeeoats savage facilities tvr tb�
< A Pletare;8seelepaeht of the Hellvien
„(b) Us, cost of further extension ot`sali `
> "�;'lEsa.tetal vest or the extensia& at the water vsza,
1!W Asewd Party ad its asdEno.
r; toD it to contemplated tlat eta onto to tool:[
,.,�. the•lastaustion of said Mater main stall bs 'l1tis; .
Rd ass MAW (06n000.00) Dollarf" x
:. w"se..;ptWOMtissate share of the osN!
ri —^ /yoo�� Y�
-� mW`M W (O"'to .0 0♦) A'tu�r�7
tee'„ W: Zt is agreed and uadersteed that` li .
eoaetrmstisae UP -Seemed
wit tlitaa t@l
First Party time fatal 611il>
K 4..
(65GOW0.00) Dollars the estimates,
r' +' tIft to be bolso by Seemed Party@ To theVaWMIM6 : _
as lies thsai the amount &*posited* %Po ee fa of _
esastruetiea my amount aver amt above tf/'aaga].
to UMOatdy deuva"4 to toe Second Party, 4l `slreat
t� pat at eawty time is greater than es-t t
darn ever and above that deposited with the pilst shau
Yz> sc •s� .,i^..f.... -c'ce6 3yaj-es'MN
fM••' ....,s `?' ,[ .r;r yi3+ `�`lY. 'r�'.{2�c'+r3S•.crf` -
'a : .•�, r.� S Sf ,,+:"M �. c 'I i r t1-.t ;1 7 � wsti��y��y{. --i J. a
Kk , •FK.�3 S� y KS°'� c>•} -t �. 4 F� � *L r 4 ?•tf.7•n. P' .'
. C-a ` s'`� ,}r, 'ri - �
YN �< "Tb"�„ Qi l'�'� '4 r ,i r3e3.4 �`91'4•L} a xiG.dztt�• 'r? 1,t . §�` J•
�f F`4
iiT-T
b �pp `Y�f tZ Ft�•a �
*Wfua -U .t ,*a'r• "l -'.b'� h '4'. 'U1 A r+ It �4'C4^'
M
..> s
Y 'f3
�� cost of the foregoing iASUllntSOna s$$li
�Y
as fallowas
S y
(a) The First Marty shell pag for the oomt �` y
F
'um of the samr Baia from the present ®sia'o!"i at'
x Y�4 '� Q aa! of Tolmm9as. Crew Road mu$,fi�+s has
:fie 'j"k Commtys Oregon$ for the r64ssa;�ffit.
mom
eft of tba bealth ram! welfare of the ciisi$�ss.er�
M"' -";-t Ems e:deetate savage facilities �_the 4d�
�Yj
"eel nt of the Bellviev area.
h) . Yip cost of f�har extension of Bald d G Y l
�►` �5=i - .1 cast of the estensles of the aster: sffiis..®
ira ' F F
by tto 8sewr� Party wd its ao$kv%S. . � J s
�,°tl y� �1Cfv>.'f.+s� r JY h r�, •'r`,°4+3
Vii- t t
dt3 Yt is soatemplated that U, rest to tm
i C
_S.
* R• � VW Smmstallatiaa eY said eater rain s&all Ese ' sr u
t 21 X<
�3 •sue e 5 -
e§�7c�tl aw [1*AOO
�� .: .'!' y..• Sfi- iSCK hS:}4}A L �� 'f2}
to pr?wportimate AM" of the vww
1...c.- _ gq�
� ( .�•�) v+°'s�.F�A ''� Y;�r•��.tr F,.y� y d -. �.��`. :.��i
YL to <�1K"�/Y®iFcT6R! t�b-PV«96 - v<T b•db'3i);L�b !L -
a.-+i, � 4 � - .. gy,� .. f.r ";r"{r{tTn„'1s•f`j ,( �q ,vac.{.�a !- SE y5
O .f4m$ t g aa
s : r
t'with the pit-at P"t8 tba tee! s� � '� "
UN-
3�iF1• .y.:� t .. ..; ♦ W.j r F 4r"Y ,�x. = i N. .�;�
+ (8%1000.00) Dollarse the estiiats
to be besue by Ebb Perty, In tho er t UAS
8W lama t{�affi t� amt depesitedo aP�, MRSGffi �E
zr : esssirstiem mg sit aver aa2 above the s�etl' ! X33 �E
:. be Sandfftly &LiPa?sd to the 6"aw PartTe .
U5 cest of emamet-mtia® is proator tb A octimtg-d *W'Q�t
dsm Orr and aWwo that deposited with the First PWW ebSU
A;
hs dolivereo within tan (10) days arter written demand la
40livsre4 froze the pirst Party to th.• Beeomd Party. y
III .
It la agreed and understood that all rater and. sewer maiue
constructed by reason of the provisions. of . the- forerol." par"phs '
shall be oirnad by the First Party, and the Second Party s1t*_11 Mace
!lo riSht3 tlUS or. intarest therein.
It isi 'aereed and understood that the First Party shall have
tba' rlght to approve all specifications of the water and Aewer lines
within the development which are to he constructed by tte Second
Party-
V.
After the construction of said water .and sewer trunk lines by
tbo First Party and the oonstruction and installation of the "war' .
ao8 Mater liars within the development by the Second Party or its
4.654"1 it is agreed and understood that the First Party shall
Opar'ata and salirtaln.the entire rater and sever system subject to
UW AOras and conditions of this agreement, the Ashland
City Charter,
and farther subject to the provisions of 22;.020 at seq. Oregon
Revleed atatutas .and 224.01n et Eeq. Oregon Revised Statutes. The
City Of Ashland shall operate and maintain said water and satyr
;ysteems the now as if such property were within the City of Ashland,
zoopt that the First Party shall have the right to slake a reasonable
sgethly charge to users over and above the charge 'made to users s+ith-
$4 the City of Ashland.
VI.
It is agreed that the monthly sever service thane shall be
S5ro and '50/100 (92.51) Unll;ra
Per m-,nit, t'or users ant such- charge
she) I an : ::n• .
cnntinuy tom, '.f.:,.,�.,..� t�v ,. : !•7.�.,,. , F. .
NJ . .. Jj� the ir3L
t
The F1rat F'arty.' she II have the a&m rlshts ti enforee the
t of ehargca ly users of the serer end water facilities as
the First Party, hag or shall have against the csers within the City
or A Wanid, and any city ordinance appertaining therete shall be''
eppllaabla. to cuers ortsids of the city limits as well as WItkia
its►.aif y_.
VIII.
The .First. Party agrees to provide adequate rater serTlee. fer '
the veers in the. propos-d der-lopment subject, to liaitat ems e$
water oupply and subject to the cmndition that said eater issers
'. rroquirod to aae .oteter for domestic purposes only except afro suffl-
Cieat supply is available to pdrwit lawn and housebold garden
irrigation, mad the First Party In to be the solo Jude of sudh
available, supply, and further subjoct to the grovlalons of 424,01 0-
et seq. .lDregon Revived Statutes.
DL.
It is, furtoer agreed and understood that the First Party at
C> May time sfull have the right to demand that the Second Party ar a
its 68"Caa organise rater or saver districts or private eorpora
' ticas for -the purpose of operating and maintaining said Water and.
ilmwr systems. In such event the First Party #hall have the option
I
to be udder no further obligation too crate or maintain said water
or sewer systems, and further shall have tho option to furnish V]]
"'-rater at 'a reasonable charge in balk at the property lira of $ecoad
3
party's property.
It is agreed that the First. Party will •xerclas .reasonable
efforts to obtain eai"-w t .: f -r .v:, •, r am sewer lines . The First
Part . . . ;v
Y Are, ` ' -rgr"Its , but �`
M
k
Party, cond�
f �• �:e:r r l i•1 �' 1.• Y. Y{ �{.� W-
tltx8 'pr0000dinr% t: ,i ' .i�ti �,� -�tc n say elect to daelaro
a agreaeent null and vu1C. As a 'urther consideration Ot t1hfie
nth the Second: Party wi.1.1 . pay the Cort of obtointag 40.
U. obtained by the City of Ashland for. sower Or rats':.*SInal
>` * hovefor, that the Second -Party shall have the right ta— ,
4:k'
...fib lost.
�rZt is agreed and understjod' that in the event the property
t2r• p'oposed development is annexed by the City of tshliisdy sr -
s�aeaaaant will he made for trunk sewer rains or trunk..
ahaimx untborised by ordinance No. 1201 and. Or4lnanse `ie.
{wit-'Ictty of.Achland "cause of the contributions to be gsde hq
as heretofore stated. r
,'�ieesmr9 Pasty -
r SIh. .
e event. of .annexation of the property to the-prngosadk
is no assessment, shall be made to any property aharr tea;
-s"r.mains in the .event such mains have bean instsllmd r`
pt4prrtsi provided, however, that `tbs. Firsthtl3d3Jt ,
=c` t to ,Charge the regular connect charge for atfq eCfl[heq
t' a ba .property owners after annexation. If after ammYss►ti -
t Aartr eonstrnetm sever or water rains, the adjoiftIO
::evmmra shall pay such charges and assessments as 'are.'tlNn
ror1w ordimanase of .the city or Ashland. �x
Muft salt or action is .brought to enforce any ra
Baas or this agreement, It in mutually agreed that the plevvail-
-Vatty in such soft or action shall be tntitled to a reasonable
cx'• at'.or"t's fees, as detwrmined by the Court a3 against the. losing
party therein.
.trn is 'I L "n, �2.
it
tin" rr!roeg Iw .. . ,, .,t+ tt.v or su y slat: t7 rF�alAS4 A
#a agrverasnt .null and void- As a urther consideration @: kl8f'st
ati the Second Party wt , `_ pay� tho cart of obtmiaCug any y
rM
.s', t � ffidt1B obtained by the City of
Ashland for sever or meter RQ
ho"ve'ra that the Second Party. shall have the right 4.8
h cart.
.'. iI•.
It $ss '6C?Wd and underst3od that in the. event tho PrQPWiT s
'th+ p-oposed development is annexed by the City of..& e. y
GPs at will be made for. trunk sewer mains or trunk .®tom iy
"thoriaed by Ordinance 'No. 1201 and. OrdinancO
�J_ that City akr Achlend because .of the contributions LOW arm" by i
" r
as h:rotafore stated. {
.event of annexation of the proportr in tie prob' r
•` i f :l
lop�ato no. assessmant. shall br nude to any property awwr or l
awgr 'mains in the event such nains have bean inAtallea 41, 3
rKA
` 'tilopertg� prosidndt hocvrwera that too Pirat ftYt Z .`
}
iA-
to charto the regular connect charge for a<-2y
® .bypropertg owners after annexation. IY infer *atia . _
party constructs saver or water minas the ad$oining :
...Gwaars shall pay such charges and assessments ms.are tt*n
Y $ � for by 'ardisamnjas of the City of Ashland. }
MI.
F` case suit ar action is 'brought to enforce any rights or :
t... 9ticonss.at this agreement, It in autoally agreed that than pre®ail-
:`$�`: kray in rwh cult or action shall be entitlod to a rwaac-na 1.
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_r`
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Second reading of an ordinance adding a new Regional Plan Element to the
Comprehensive Plan and acknowledging revised population allocations
FROM
Derek Severson, Associate Planner, derek.severson @ashland.or.us
SUMMARY
The ordinance being presented to the City Council for second reading includes the addition of a new
Comprehensive Plan element"Chapter XIV—Regional Plan" incorporating applicable portions of the
Greater Bear Creek Valley Regional Problem Solving Plan (the RPS Plan) and acknowledging revised
population allocations by Jackson County for the City of Ashland.
BACKGROUND AND POLICY IMPLICATIONS
The City Council held a public hearing on July 17, 2012 and passed first reading of the ordinance.
The request before Council is for second reading of an ordinance to adopt a new element (Chapter XIV
- Regional Plan) into the City of Ashland's Comprehensive Plan in order to incorporate applicable
portions of the Jackson County-adopted RPS Plan into city policy documents as well as to
acknowledge corrected population allocations for the City of Ashland by Jackson County. The
attached draft "Regional Plan Element"was created in collaboration with staff members from Jackson
County, the Rogue Valley Council of Governments, and the six participating cities in an effort to have
as much consistency as possible in implementing the RPS plan across Jackson County's and the six
cities'jurisdictions.
In September of 2008, the City Council acknowledged general agreement with the RPS process and
adopted Resolution#2008-032 supporting the RPS planning process and the general sequencing
envisioned through the Jackson County comprehensive plan amendment process. Ashland signed the
formal Participants Agreement in December of 2009. After considering the draft RPS Plan in mid-
2010, the City Council crafted Resolution #2010-021 which identified six issues of concern with the
draft which the Council wished to see further addressed during the adoption process. This resolution
was provided to the Jackson County Planning Commission during its review of the draft RPS plan, and
these issues were reiterated with Council Resolution#2011-028 that was sent to the Board of
Commissioners as they began their review#2011-028. These six issues identified were: accurate
population allocations, more efficient land use and transportation planning, the regulation of
development in Ashland's urban fringe, not tying jurisdictional transfers for responsibility over county
roads to the RPS adoption process, conservation of high value farmland, and developing a timeline for
the creation of regional housing strategies. As discussed during the July 17`h hearing, each of these
items was addressed during the County's adoption process.
Page I of 3
91FAWA
CITY OF
-ASHLAND
After more than a year and a half of intensive review of the RPS plan through public hearings before
the Jackson County Planning Commission, the Jackson County Board of Commissioners adopted the
RPS Plan in November of 2011. Subsequent to adoption by the County, the plan was submitted to the
Department of Land Conservation and Development (DLCD), the state agency which supports the
Land Conservation and Development Commission(LCDC) in its review of local planning efforts for
consistency with Oregon's land use laws.
While the RPS plan will not formally take effect until each of the six participating cities adopts the
plan as well and it has been reviewed and acknowledged by the state in the manner of periodic review,
LCDC met in March to take public comment on the plan and provide initial feedback to the County
and participating cities. LCDC's informal comments on the plan included eight items, none of which
had a direct or immediate bearing on Ashland, and the County re-opened their hearing process and
adopted all eight items as revisions to the adopted RPS Plan on June 27, 2012. The final step in this
now-more-than-a-decade-long regional planning process is for each of the six participating cities to
consider incorporating relevant portions of the County-adopted plan into their respective
comprehensive plans and land use ordinances. The final County-adopted plan and the six cities'
adopted comprehensive plan and land use code amendments will then be forwarded to LCDC for
acknowledgement as a single action.
Ashland is unique among the six participating cities in the region in that it is the only jurisdiction not
to identify urban reserves, and the proposed new Comprehensive Plan element is similarly unique in
that where the other cities are adopting new regulations and urban reserve maps, Ashland is
acknowledging its participation through the adoption of policies that in large part will not come into
play unless urban reserves are identified for the city. The new element thus serves primarily as a
placeholder to acknowledge the city's signatory participation in the plan and to provide a framework
should the city ultimately choose to pursue the creation of urban reserves. The proposed new element
was reviewed by the Ashland Planning Commission at its June 26, 2012 meeting, and the Commission
unanimously recommended approval and adoption by the Council, noting that regional cooperation in
dealing with the issues of growth and livability were important and that Ashland's participation in the
process to date had clearly affected the direction of the RPS plan for the better. The approved findings,
minutes, hearing submittals and staff report from that meeting are included in the attached Planning
Action record.
FISCAL IMPLICATIONS:
N/A.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve second reading of the ordinance.
SUGGESTED MOTION:
Move to approve second reading by title only of the ordinance titled, "An ordinance adding a new
element "Chapter XIV - REGIONAL PLAN"to the City of Ashland Comprehensive Plan to
incorporate applicable portions of the Greater Bear Creek Valley Regional Problem Solving Plan(`the
R.P.S. Plan') and to acknowledge revised population allocations by Jackson County for the City of
Ashland."
Page 2 of 3
11FAWA
CITY OF
ASHLAND
ATTACHMENTS:
• Proposed Ordinance adding new Comprehensive Plan element
• Exhibit A—Proposed New "Regional Plan Element" Comprehensive Plan element
• See the July 17 Council packet for additional information and items submitted at the meeting
here: http://www.ashiand.or.us/Pame.asp?NavID=14999
NOTES:
The Jackson County-adopted RPS Plan with supporting appendices and the complete record of the
County adoption process to date may be viewed on-line at: http://www.iacksoncountv.org/n)s
The adopted RPS Plan document is at: http://www.co.iackson.or.us/files/ordinance%202011-
14%20final%20exhibit%20a.pdf
Proposed Urban Reserve Areas for the other cities in the region are best reviewed on-line as part of the
adopted Regional Plan Atlas at: htti)://www.co.iackson.or.us/Page.ast)?NavID=3824
Page 3 of 3
�r,
ORDINANCE NO.
AN ORDINANCE ADDING A NEW ELEMENT "CHAPTER XIV -
REGIONAL PLAN" TO THE CITY OF ASHLAND COMPREHENSIVE
PLAN TO INCORPORATE APPLICABLE PORTIONS OF THE
GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING
PLAN ("THE R.P.S. PLAN") AND TO ACKNOWLEDGE REVISED
POPULATION ALLOCATIONS BY JACKSON COUNTY FOR THE CITY
OF ASHLAND.
Annotated to show deletinw; and additions to the code sections being modified. Deletions are
bold 1ined4hfo*0 and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the Oregon Revised Statutes (O.R.S.)provide for the establishment of regional
problem solving programs in counties and regions throughout the state to provide a framework
directed toward resolving land use problems in a region.
WHEREAS,the City of Ashland entered into a"Collaborative Regional Problem Solving"
process in 2000 with Jackson County and the cities of Central Point, Eagle Point, Medford,
Phoenix and Talent, and a number of local, state and regional agencies to create a Regional
Problem Solving Plan (the R.P.S. Plan) identifying lands suitable for long-tern urban growth
sufficient to accommodate a doubling of the region's population.
WHEREAS, lands that have been selected to accommodate future urban growth within the
region are designated in the R.P.S. Plan as urban reserve areas (URA's). The City of Ashland is
the only city participating in the R.P.S. process that has not identified URA's, as the City
Council has determined that with more efficient land use strategies, the lands already within
Ashland's city limits and urban growth boundary can accommodate anticipated growth during
the plan period without expansion.
WHEREAS, in September of 2008, the City Council acknowledged general agreement with the
R.P.S. process, adopted Resolution #2008-032 supporting the R.P.S. planning process and the
Page 1 of 4
general sequencing envisioned through the Jackson County comprehensive plan amendment
process, and signed the formal R.P.S. Participants Agreement in December of 2009.
WHEREAS, the City of Ashland Comprehensive Plan recognizes the need for Ashland to be
involved in advocating regional land use patterns that support a multi-modal transportation
system (Transportation Element, 10.09.02.11).
WHEREAS, the City Council adopted Resolutions#2010-021 and#2011-028 identifying six
key areas of concern (accurate population allocation, efficient land use and transportation,
restricting urban levels of development in the urban fringe, addressing jurisdictional transfers,
high value farm lands, and a timeline to develop a regional housing strategy) which the Council
wished to see addressed prior to adoption of the R.P.S. Plan, and which they now determine to
have been satisfactorily addressed.
WHEREAS,the Jackson County Board of Commissioners adopted the R.P.S. Plan which
identifies urban reserve areas to accommodate a doubling of the region's population on
November 23, 2011 and which will not take effect until each of the six participating cities in the
region(Ashland, Talent, Phoenix, Medford, Central Point and Eagle Point) adopt the applicable
portions of the plan into their comprehensive plans and implementing ordinances and the
adopted Comprehensive Plan and Ordinance Amendments for Jackson County and the six cities
are acknowledged in the manner of periodic review by the Land Conservation and Development
Commission.
WHEREAS, in conjunction with the adoption of the R.P.S. Plan, the Jackson County Board of
Commissioners adopted revised population allocations for the City of Ashland in the County's
Population Element to reflect growth rates consistent with Ashland's historic growth patterns as
reflected in Ashland's existing Comprehensive Plan and providing Ashland with a population of
31,633 in 2060.
WHEREAS, the Land Conservation and Development Commission conducted an initial public
hearing on March 15, 2012 and provided informal comments after reviewing the County-adopted
R.P.S. Plan.
WHEREAS,Jackson County re-opened public hearings in June and July of 2012 to consider
modifying the County-adopted R.P.S. Plan to address the issues raised in the Land Conservation
and Development Commission comments.
WHEREAS, adoption of the new Regional Plan Element of the City of Ashland's
Comprehensive Plan will incorporate those portions of the R.P.S. Plan applicable to the City of
Ashland, which has chosen not to identify urban reserves, in order to acknowledge the city's
signatory participation in the plan and to provide the policy framework if the city should choose
to pursue the creation of urban reserves at some point in the future.
Page 2 of 4
WHEREAS, the City of Ashland Planning Commission considered the proposed new "Regional
Plan" Element of the Comprehensive Plan at a duly advertised public hearing on June 26, 2012,
and following deliberations recommended approval of the new element;
WHEREAS,the City Council of the City of Ashland conducted a duly advertised public hearing
on the proposed new Regional Plan Element to the Comprehensive Plan on July 17, 2012;
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the City of Ashland's Comprehensive Plan in the manner proposed, that an adequate
factual base exists for the adoption of the proposed new Regional Plan Element, and that the
proposed new element is consistent with the Comprehensive Plan and its adoption is fully
supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The new Regional Plan Element to the City of Ashland's Comprehensive Plan as
detailed in the attached Exhibit A is hereby adopted.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1,
3-4) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
Page 3 of
SIGNED and APPROVED this day of 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 4 of 4
EXHIBIT A City of Ashland
COMPREHENSIVE PLAN
Chapter XIV—Regional Plan Element
City of Ashland, Oregon
REGIONAL PLAN
ELEMENT _
Kulj 17,Y0f2 DRAFT- FOR COUNCIL CONSIDERATION
The hills outside of Ashland in the Greater Bear Creek Valley
INTRODUCTION
The Greater Bear Creek Valley Regional Plan is the product of a comprehensive regional
land-use planning effort undertaken by the cities of Ashland, Central Point, Eagle Point,
Medford, Phoenix,Talent, and Jackson County to address long-term urbanization needs
of the region,including the establishment of goals and policies.
The most significant product of the Regional Plan is the establishment of requirements
which affect the form and function of future urban-level development and the creation
of an Urban Reserve(UR) for each of the cities,the purpose of which is to set aside a 50-
year supply of land for future urban-level development to accommodate the anticipated
doubling of the region's population. The method of establishing an urban reserve is de-
fined in state law(see ORS 195.137-145).
Adoption milestones:
• On March 18th, 2009 by Ordinance No. 2980,the City of Ashland signed the Greater
Bear Creek Valley Regional Problem Solving Participants'Agreement, acknowledging
and supporting the continued efforts in completing and adopting a long-term re-
gional plan for the continued urbanization of the Greater Bear Creek Valley.
• On November 23,d, 2011 the Jackson County Board of Commissioners adopted Or-
dinance No. 2011-14 approving the Greater Bear Creek Valley Regional Plan (Re-
gional Plan).
• The Regional Plan was considered by the Oregon Land Conservation and Develop-
ment Commission (LCDC) on March 15th, 2012 at which time it identified a number
of issues that needed to be further addressed prior to acknowledgement of the Re-
gional Plan.
• On May 24, 2012 Jackson County initiated a limited re-opening of the adopted Re-
gional Plan to address the issues initially identified by LCDC. Following hearings be-
fore the Jackson County Planning Commission and the Jackson County Board of
Commissioners in May, June, July and August of 2012, the Board adopted a revised
Regional Plan'on August##.2012.
• Concurrently with Jackson County's adoption of the revised Regional Plan, each of
the six participating cities conducted hearings to adopt new Regional Plan Elements
into their respective Comprehensive Plans to incorporate the applicable portions of
the County-adopted Regional Plan. The City of Ashland conducted hearings before
its Planning Commission and City Council in June and July of 2012, and ultimately
adopted this new Regional Plan Element as Ordinance#####on Adanst##
Regional Plan Element Page 2 of 20
The City of Ashland is the only participating city to not identify urban reserves as it was
determined that existing lands within the city limits and urban growth boundary were
sufficient to accommodate anticipated growth over the planning period. Ashland how-
ever remains a full signatory participant in the Regional Plan and any future identifica-
tion of urban reserves for Ashland will be subject to the Regional Plan's requirements.
The purpose of this Comprehensive Plan element is to acknowledge by reference the en-
tire Greater Bear Greek Valley Regional Plan (Regional Plan) 1, and to incorporate those
sections of the Regional Plan that are applicable to the City of Ashland or that will be-
come applicable when the City identifies urban reserves,and in so doing commence im-
plementation of the Regional Plan.
1. REGIONAL PLAN GOALS AND POLICIES
The Regional Plan contains three goals and guiding policies2 that form the basis of the
Regional Plan: 1) Manage future regional growth for the greater public good; 2) Con-
serve resource and open space lands for their important economic,cultural and livabili-
ty benefits;and 3) Recognize and emphasize the individual identity,unique features,
and relative competitive advantages and disadvantages of each community within the
Region. These goals and the associated policies are made a part of this Regional Plan
Element.
2. URBAN RESERVE
The following describes the context in which the City made the decision not to identify
urban reserve areas. Appendix A of this Element has been reserved for maps to be
adopted when Urban Reserve Areas are identified for Ashland. Appendix B has been re-
served for a detailed description of the selection process for future Urban Reserve
Areas, and Appendix C has been reserved for a future Urban Reserve Management
Agreement to be mutually agreed upon by Jackson County and the City of Ashland when
Urban Reserves are identified for Ashland.
2.1. CITY DESCRIPTION
Ashland is a unique community in Oregon,well known for its downtown, its network of
parks and trails including Lithia Park, the Oregon Shakespeare Festival, and Southern
Oregon University. Ashland functions as a regional specialty area for shopping and
entertainment,with many fine restaurants and boutiques. The community has garnered
accolades over the years as one of the top communities in the nation for the arts,
outdoor recreation,and as a place to retire. It also serves as a regional center for higher
education.
1 The entirety of the Regional Plan can be found in the Jackson County Comprehensive Plan.
'Greater Bear Creek Valley Regional Plan,Chapter 1,Section 5.3.2
Regional Plan Element Page 3 of 20
The geographical realities of the City s location limit the ultimate growth of the
community, as Ashland has chosen not to jump over the 1-5 freeway to accommodate
additional growth on the foothills of the Cascades, nor keep lengthening an already
linear community. The community has taken strong steps to preserve its livable
character, from adopting an Open Space Program funded by a local meals tax, to
restricting "big box" retail development, to enacting strong design standards for all
developments. Ashland also has taken the direction of strong controlled growth,
carefully annexing new properties into the community based on need and public good,
and encouraging affordable housing whenever possible in new residential
developments.
2.2. CITY GROWTH GUIDELINES AND POLICIES
The City of Ashland's decision in 2003 not to request any urban reserve areas was the
culmination of a process of studies by the City Council and Planning Commission, and
with the cooperation and involvement of interested parties and the general public. The
Ashland Planning Commission held a series of open public meetings to explore options
for growth areas and to develop a vision of the City's future identity. These events drew
in partner districts and agencies to share their needs and the needs of their
constituencies for such things as housing, economic opportunities,recreation,and other
quality of life issues. Extensive public input on potential growth areas was gathered at
Planning Commission meetings on April 22nd, August 26th and October 28th, 2003. This
input culminated in a series of Planning Commission meetings in late 2003, with final
adoption of Resolution #2003-037 by the City Council on December 2^d, 2003 to
formalize the decision to request no urban reserve areas for the City as part of the
regional planning process.
2.3. URBAN RESERVE AREAS AND LAND USES
The City of Ashland has not identified any Urban Reserve Areas (URAs)through the regional
planning process. Any future proposal to establish a URA or expand Ashland's existing
Urban Growth Boundary (UGB) by not more than 50 acres will require a minor amendment
of the Regional Plan as detailed more fully in Section 4.4 below.
3. REGIONAL OBLIGATIONS
The City agrees to comply with all applicable requirements of the Regional Plan, Chapter
5,which follow below.The City may not unilaterally amend these requirements.
3.1. PERFORMANCE INDICATORS ORS 197.656(2)(B)(C)
To effectuate the Regional Plan,Jackson County shall adopt the Regional Plan in its enti-
rety into the County Comprehensive Plan.The Participating cities then shall incorporate
the portions of the Regional Plan that are applicable to each individual city into that
Regional Plan Element Page 4 of 20
city's comprehensive plan and implementing ordinances,and shall reference the Plan as
an adopted element of Jackson County's Comprehensive Plan. After the County and all
participating cities have completed the adoptions, the amendments must be submitted
to the State of Oregon Department of Land Conservation and Development for acknowl-
edgement by the Land Conservation and Development Commission. Only after this ac-
knowledgement does the Regional Plan become effective.
Progress following the acknowledgement of the Greater Bear Creek Valley Regional Plan
by the State of Oregon will be measured against a number of performance indicators to
determine the level of compliance by participating jurisdictions with the Plan or the
need to refine or amend it. The measurable performance indicators listed below are
those identified as necessary for the acknowledgement of the Plan and as appropriate
for monitoring compliance with the Plan.
County Adoption.Jackson County shall adopt the Regional Plan in its entire-
ty into the County Comprehensive Plan and implementing ordinance.
City Adoption. All participating jurisdictions shall incorporate the portions
of the Regional Plan that are applicable to each individual city into that city's
comprehensive plan and implementing ordinances, and will reference the
Plan as an adopted element of Jackson County's Comprehensive Plan.
Urban Reserve Management Agreement. Participating jurisdictions de-
signating an Urban Reserve Area (URA) shall adopt an Urban Reserve Man-
agement Agreement(URMA) between the individual city and Jackson County
per Oregon Administrative Rule 660-021-0050. Adoption shall occur prior
to or simultaneously with adoption of the URAs.
Urban Growth Boundary Management Agreement. If there is an inconsis-
tency between the Regional Plan and an adopted Urban Growth Boundary
Management Agreement(UGBMA),the city and Jackson County shall adopt a
revised UGBMA. When an inconsistency arises, provisions in the Regional
Plan and associated URMA shall override the provisions in the UGBMA, until
the UGBMA is updated.
Committed Residential Density. Land within a URA and land currently
within an Urban Growth Boundary (UGB) but outside of the existing City
Limit shall be built,at a minimum,to the following residential densities.This
requirement can be offset by increasing the residential density in the City
Limit.
Regional Plan Element Page 5 of 20
Dwelling units per gross acre
city 2010-2035 2036-2060
Ashland (UG8 only) 6.6 n/a
Central Point 6.9 7.9
Eagle Point 6.5 7.5
Medford 6.6 7.6
Phoenix 6.6 7.6
Talent 6.6 7.6
Prior to annexation, each city shall establish (or, if they exist already, shall
adjust) minimum densities in each of its residential zones such that if all
areas build out to the minimum allowed the committed densities shall be
met. This shall be made a condition of approval of a UGB amendment.
Mixed-Use/Pedestrian-Friendly Areas. For land within a URA and for land
currently within a UGB but outside of the existing City Limit, each city shall
achieve the 2020 benchmark targets for the number of dwelling units (Al-
ternative Measure no. 5) and employment (Alternative Measure no. 6) in
mixed-use/pedestrian-friendly areas as established in the 2009 Regional
Transportation Plan (RTP) or most recently adopted RTP. Beyond the year
2020,cities shall continue to achieve the 2020 benchmark targets,or if addi-
tional benchmark years are established, cities shall achieve the targets cor-
responding with the applicable benchmarks. Measurement and definition of
qualified development shall be in accordance with adopted RTP methodolo-
gy. The requirement is considered met if the city or the region overall is
achieving the targets or minimum qualifications, whichever is greater. This
requirement can be offset by increasing the percentage of dwelling units
and/or employment in the City Limit. This requirement is applicable to all
participating cities.
Conceptual Transportation Plans. Conceptual Transportation Plans shall
be prepared early enough in the planning and development cycle that the
identified regionally significant transportation corridors within each of the
URAs can be protected as cost-effectively as possible by available strategies
and funding. A Conceptual Transportation Plan for a URA or appropriate
portion of a URA shall be prepared by the City in collaboration with the Ro-
gue Valley Metropolitan Planning Organization, applicable irrigation dis-
tricts, Jackson County, and other affected agencies, and shall be adopted by
Jackson County and the respective city prior to or in conjunction with a UGB
amendment within that URA.
Regional Plan Element Page 6 of 20
Transportation Infrastructure. The Conceptual Transportation Plan shall
identify a general network of regionally significant arterials under local ju-
risdiction, transit corridors, bike and pedestrian paths, and associated
projects to provide mobility throughout the Region (including intracity and
intercity,if applicable).
Conceptual Land Use Plans. A proposal for a UGB Amendment into a des-
ignated URA shall include a Conceptual Land Use Plan prepared by the City
in collaboration with the Rogue Valley Metropolitan Planning Organization,
applicable irrigation districts, Jackson County, and other affected agencies
for the area proposed to be added to the UGB as follows:
Target Residential Density. The Conceptual Land Use Plan shall provide
sufficient information to demonstrate how the residential densities of Chap-
ter 5, Section 2.5 will be met at full build-out of the area added through the
UGB amendment.
Land Use Distribution. The Conceptual Land Use Plan shall indicate how
the proposal is consistent with the general distribution of land uses in the
Regional Plan, especially where a specific set of land uses were part of the
rationale for designating land which was determined by the Resource Lands
Review Committee to be commercial agricultural land as part of a URA,
which applies to the following URAs: CP-113, CP-1C, CP-4D, CP-6A, CP-2B,
MD-4,MD-6,MD-7mid,MD-7n, PH-2,TA-2,TA-4.
Transportation Infrastructure. The Conceptual Land Use Plan shall in-
clude the transportation infrastructure required in Chapter 5,Section 2.7.1.
Mixed Use/Pedestrian Friendly Areas. The Conceptual Land Use Plan
shall provide sufficient information to demonstrate how the commitments of
Chapter 5,Section 2.6 will be met at full build-out of the area added through
the UGB amendment.
Agricultural Buffering. Participating jurisdictions designating Urban Re-
serve Areas shall adopt the Regional Agricultural Buffering program in Vo-
lume 2,Appendix 111 into their Comprehensive Plans as part of the adoption
of the Regional Plan. The agricultural buffering standards in Volume 2, Ap-
pendix III shall be adopted into their land development codes prior to a UGB
amendment.
Regional Plan Element Page 7 of 20
Regional Land Preservation Strategies. Participating jurisdictions have
the option of implementing the Community Buffer preservation strategies
listed in Volume 2, Appendix V of the Regional Plan or other land preserva-
tion strategies as they develop.
Housing Strategies. Participating jurisdictions shall create regional housing
strategies that strongly encourage a range of housing types throughout the
region within five years of acknowledgement of the Regional Plan.
Urban Growth Boundary Amendment. Pursuant to ORS 197.298 and Ore-
gon Administrative Rule 660-021-0060, URAs designated in the Regional
Plan are the first priority lands used for a UGB amendment by participating
cities.
Land outside of a city's URA shall not be added to a UGB unless the general
use intended for that land cannot be accommodated on any of the city's URA
land or UGB land.
Land Division Restrictions. In addition to the provisions of Oregon Admin-
istrative Rule 660-021-0040, the following apply to lots or parcels which are
located within a URA until they are annexed into a city:
The minimum lot size shall be ten acres;
Development on newly created residentially zoned lots or parcels shall be
clustered to ensure efficient future urban development and public facilities,
and this shall be a condition of any land division; '
Land divisions shall be required to include the pre-platting of future lots or
parcels based on recommendations made by the city government to which
the urban reserve belongs;
Land divisions within a URA shall not be in conflict with the transportation
infrastructure identified in an adopted Conceptual Transportation Plan; and
As a condition of land division approval, a deed declaration shall be signed
and recorded that recognizes public facilities and services will be limited as
appropriate to a rural area and transitioned to urban providers in accor-
dance with the adopted URMA.
Rural Residential Rule. Until the City of Ashland adopts an Urban Reserve
Area, the. minimum lot size for properties within one mile of the Urban
Growth Boundary of Ashland shall continue to be ten acres, as outlined in
Oregon Administrative Rule 660-004-0040(8)(c).
Regional Plan Element Page 8 of 20
Population Allocation. The County's Population Element, as recently
amended to be more consistent with Ashland's actual population growth
and projections in Ashland's Comprehensive Plan, shall be updated per sta-
tute to be consistent with the gradual implementation of the adopted Plan. If
changes occur during an update of the County's Population Element that re-
sult in substantially different population allocations for the participating ju-
risdictions of this Regional Plan,then the Plan shall be amended according to
Chapter 5,Section 5.2 of the Plan.
Greater Coordination with the RVMPO. The participating jurisdictions
shall collaborate with the Rogue Valley Metropolitan Organization (RVMPO)
to:
Prepare the Conceptual Transportation Plans identified in Chapter 5,Section
2.7.
Designate and protect the transportation infrastructure required in the Con-
ceptual Transportation Plans identified in Chapter 5, Section 2.7.1 to ensure
adequate transportation connectivity, multimodal use,and minimize right of
way costs.
Plan and coordinate the regionally significant transportation strategies criti-
cal to the success of the adopted Regional Plan including the development of
mechanisms to preserve rights-of-way for the transportation infrastructure
identified in the Conceptual Transportation Plans;and
Establish a means of providing supplemental transportation funding to miti-
gate impacts arising from future growth.
Future Coordination with the RVCOG. The participating jurisdictions shall
collaborate with the Rogue Valley Council of Governments on future regional
planning that assists the participating jurisdictions in complying with the
Regional Plan performance indicators.This includes cooperation in a region-
wide conceptual planning process if funding is secured.
Expo. During the first Coordinated Periodic Review process for the Regional
Plan, Jackson County shall consider including the land occupied by the Jack-
son County Expo to the City of Central Point's Urban Reserve Area.
Agricultural Task Force.Within six months of acknowledgement of the Re-
gional Plan by the Land Conservation and Development Commission (LCDC),
Jackson County shall appoint an Agricultural Task Force made up of persons
with expertise in appropriate fields, including but not limited to farmers,
Regional Plan Element Page 9 of 20
ranchers, foresters and soils scientists, representatives of the State Depart-
ment of Agriculture, the State Forestry Department,the State Department of
Land Conservation and Development,Jackson County, and the cities partici-
pating in the regional planning process.
The Agricultural Task Force shall develop a program to assess the impacts
on the agricultural economy of Jackson County arising from the loss of agri-
cultural land and/or the ability to irrigate agricultural land, which may re-
sult from Urban Growth Boundary Amendments. The Agricultural Task
Force shall also identify, develop and recommend potential mitigation
measures to offset those impacts. Appropriate mitigation measures shall be
applied to Urban Growth Boundary Amendment proposals.
3.2. INCENTIVES AND DISINCENTIVES ORS 197.656(2)(B)(D)
The state requires that participants in an RPS process delineate the factors,mechan-
isms,or outcomes that constitute the most compelling reasons for participants to comp-
ly with the Regional Plan over the identified planning horizon.Accordingly,the Partici-
pants have agreed to the following:
INCENTIVES
Continued regional cooperation through the five-year review process and
ten-year coordinated periodic review may improve the region's ability to re-
spond to challenges and opportunities more effectively than it does present-
ly.
Adherence to the adopted Regional Plan may provide the region with a com-
petitive advantage, increase the attractiveness of the region to long-term in-
vestment,and improve southern Oregon's profile in the state.
Adherence to the adopted Regional Plan may produce significant reductions
in transportation infrastructure costs by minimizing future right-of-way ac-
quisition costs, encouraging mixed-use/pedestrian-friendly development,
and improving the overall long-range coordination of transportation and
land use planning.
Adherence to the adopted Regional Plan will provide participating jurisdic-
tions with population allocations that are predictable, transparent, and
based on the relative strengths of the different participating jurisdictions.
The adopted Regional Plan offers compelling regional justifications and state
Regional Plan Element Page 10 of 20
agency support for the Tolo Area of Central Point and the South Valley Em-
ployment Center of Medford and Phoenix that may not have been available
to an individual city proposal.
Adherence to the adopted Regional Plan will permit jurisdictions to imple-
ment the flexibility provided by the concept of the"Regional Community",in
which cities, in the role of"regional neighborhoods', enjoy wide latitude in
their particular mix, concentration,and intensity of land uses,as long as the
sum of the regional parts contributes to a viable balance of land uses that is
functional and attractive to residents and employers and in compliance with
statewide goals.
DISINCENTIVES
Regional Plan Element Page 11 of 20
The region's failure to adhere to the adopted Regional Plan may damage its
competitive advantage, the attractiveness of the region to long-term invest-
ment,and southern Oregon's profile in the state.
Adherence to the Regional plan may be a rating factor for MPO Transporta-
tion Funding. Transportation projects of jurisdictions not adhering to the
adopted Regional Plan may be assigned a lower priority by the MPO when
considered for funding.
Jackson County may reconsider the population allocations of jurisdictions
signatory to the Agreement not adhering to the adopted Regional Plan.
Participating jurisdictions not adhering to the adopted Regional Plan will
need to provide corrective measures in order to have a UGB amendment ap-
proved by the County.
The failure of a participating jurisdiction to adhere to the adopted Regional
Plan will compromise its ability to implement the concept of the "Regional
Community',and will not provide the participating cities with as wide a lati-
tude in their desired individual mix, concentration, and intensity of land
uses.
3.3. MONITORING OR5197.656(2)(B)(E)
Monitoring. Participating jurisdictions shall maintain a monitoring system
to ensure compliance with the Regional Plan and future amendments. Spe-
cific indicators against which performance will be judged are listed in Chap-
ter 5, Section 2. Monitoring to ensure compliance with the adopted Regional
Plan will be a shared responsibility.
Regional Plan Progress Report. On a regular basis, beginning in 2017 and
every five years thereafter, all participating jurisdictions shall participate in
a regular Regional Plan review process. Jackson County shall initiate the Re-
gional Plan review process by providing notice of the Regional Plan review
to each participant and requiring that each participant submit a self-
evaluation monitoring report addressing compliance with the performance
indicators,set out in Chapter 5,Section 2, to the County within 60 days after
the date of the notice.
A standardized format for the review and report shall be developed by Jack-
son County and agreed upon by the jurisdictions. The reports shall include
descriptions of their jurisdiction's activities pertinent to the Regional Plan
for the preceding five-year period, analysis as to whether and how well
Regional Plan Element Page 12 of 20
those activities meet each of the performance indicators, and a projection of
activities for the next five-year period. Jackson County will distribute these
monitoring reports to all participants and make them available to the public.
Coordinated Periodic Review. On a regular basis, beginning in 2022 and
every ten years thereafter the participating jurisdictions in the Regional Plan
may, at their discretion, participate in a process of coordinated Periodic Re-
view. This process may be initiated by any of the participating jurisdictions
but requires agreement between all participants to proceed.
3.4. CORRECTIVE MEASURES AND PLAN ADJUSTMENTS ORS197.656(2)(B)(F)
Corrective Measures.
If a Regional Plan Progress Report (see Chapter 5, Section 4.1.1.) indicates
that a particular city is not meeting the performance measures,the city shall
propose corrective measures as an addendum to the Regional Plan Progress
Report.The corrective measures shall be approved by the Policy Committee.
Cities that choose to expand their UGBs into land not designated as a URA
will be required to go through the Regional Plan minor or major amendment
process prior to or concurrent with any other process.
If land outside of a URA is included in a UGB while URA land remains availa-
ble to that city, an equivalent amount of land shall be removed from the re-
maining URA land. Land removed shall be of equal or higher priority in rela-
tion to the land included.Additionally,if land determined part of the region's
commercial agricultural base by the RLRC is included, the land removed
shall also be land with that designation (if available).
A proposal for an UGB amendment will be required to demonstrate how the
Regional Plan performance indicators have been met. A UGB amendment
will not be approved by the County unless the Regional Plan performance
indicators have been met or corrective measures are proposed which dem-
onstrate how the performance indicators will be met.
Approval of a UGB amendment shall be subject to the condition that it be
zoned and developed in a manner consistent with the Conceptual Land Use
Plan submitted in the UGB amendment proposal.After the UGB Amendment
has been approved, all subsequent Comprehensive Plan Amendments by a
city to amend land uses which will result in an inconsistency with the Con-
ceptual Land Use Plan shall be reviewed by the county prior to development.
Regional Plan Element Page 13 of 20
The amendment shall be processed as a Type 4 permit.
A UGB amendment to add land not designated as a URA shall only be consi-
dered through a quasi-judicial application when the land to be added is in-
dustrial.
Regional Plan Amendments.
Regional Plan Amendment Responsibility. Processing amendments to the
adopted Regional Plan shall be the responsibility of Jackson County, and
shall only be proposed by the governing authority of a participating jurisdic-
tion. In acknowledgement of the collaborative process by which the adopted
Regional Plan was created, Jackson County shall have available the assis-
tance of the participating jurisdictions through a Technical Advisory Com-
mittee and Policy Committee. Both committees serve on an as-needed basis,
and both serve in an advisory capacity to Jackson County as follows:
Technical Advisory Committee. The TAC shall be comprised of planners and
senior-level staff from signatory jurisdictions and agencies, and each signa-
tory shall have one vote, irrespective of the number of participating repre-
sentatives. Recommendations to the Policy Committee or directly to Jackson
County shall be made by at least a supermajority vote (simple majority plus
one) of a quorum of signatory jurisdictions and agencies.
Policy Committee. The Policy Committee shall be comprised of elected offi-
cials or executive staff from signatory jurisdictions and agencies. Each sig-
natory jurisdiction shall designate a voting and alternate voting member,
and each signatory jurisdiction will have one vote. Recommendations to
Jackson County shall be made by at least a supermajority vote (simple ma-
jority plus one) of a quorum of jurisdictions. State agencies, the MPO, and
Rogue Valley Sewer Services,while Signatories, shall not be voting members
of the Policy Committee.
Regional Plan Amendment Type. When an amendment to the adopted Re-
gional Plan is proposed,Jackson County shall make a preliminary determina-
tion regarding whether the proposed amendment is a Minor Amendment or
Major Amendment,as defined below,shall notify signatory jurisdictions and
affected agencies of the County's preliminary determination,and shall solicit
input. Based on its preliminary determination and input received, Jackson
County shall review the proposed amendment according to the procedures
for Minor Amendments or Major Amendments set out below. Proposed
Regional Plan Element Page 14 of 20
amendments to the adopted Regional Plan shall adhere to the following pro-
visions:
Minor Amendment. A minor amendment is defined as any request for an
amendment to the adopted Regional Plan that does not conflict with the per-
formance indicators and does not propose an addition of more than 50 acres
to a city�s URA established in the adopted Regional Plan or more than a 50-
acre expansion of the UGB into non-URA land.
In the case of Ashland, which did not establish a URA during the develop-
ment of the Regional Plan process, a proposal to establish a URA or expand
its UGB of not more than 50 acres shall be considered a minor amendment.
Should a city exceed its limit of 50 acres for adding to its URAs during the
Planning Horizon for the Regional Plan, it may not use the minor amend-
ment process for further additions to its URA. Should a city exceed its limit
of 50 acres for expanding its UGB into non-URA land during the planning ho-
rizon, it may not use the minor amendment process for further expansions
of its UGB into non-URA land.
Any participant jurisdiction may initiate a minor amendment to the adopted
Regional Plan.The proposing jurisdiction must clearly identify the nature of
the minor amendment, and specify whether the minor amendment would
require any other signatory jurisdiction to amend its comprehensive plan.
Should any signatory jurisdiction other than the proposing jurisdiction and
Jackson County be required to amend their comprehensive plans as a result
of the proposed minor amendment, the affected signatory jurisdiction shall
be a party to the minor amendment proceeding.
Jackson County's process and the proposing jurisdiction's process for a mi-
nor amendment to the Regional Plan shall be equivalent to the state and lo-
cal processes required for a comprehensive plan amendment.
Signatories and agencies shall be provided with notice of the County's and
proposing jurisdiction's final decision on each minor amendment within five
working days of the adoption of the final decision.
Major Amendment. A major amendment is defined as any requested
amendment to the adopted Regional Plan that does not meet the definition
of a Minor Amendment.
If multiple signatory jurisdictions are involved in a single request for
a major amendment,a lead jurisdiction shall be selected by the af-
Regional Plan Element Page 15 of 20
fected jurisdictions.
Notice containing a detailed description of the proposed change shall
be forwarded by Jackson County to all signatories and affected agen-
cies.
Staff from signatory jurisdictions and agencies shall meet as a Tech-
nical Advisory Committee and generate a recommendation to the
Policy Committee by vote of at least a supermajority of a quorum
(simple majority plus one).
Decision-makers from signatory jurisdictions and agencies shall
meet as a Policy Committee and consider the proposal and the Tech-
nical Advisory Committee recommendation.The Policy Committee
shall generate a recommendation to Jackson County by vote of at
least a supermajority of a quorum (simple majority plus one).
Should an existing city or a newly incorporated city desire to become
a participating jurisdiction,increased population shall be added to
the regional projected population adequate to accommodate the pro-
jected population growth of the newly incorporated city for the re-
mainder of the Planning Horizon for the Regional Plan.The addition
of a newly incorporated city to the Regional Plan,the establishment
of Urban Reserve Areas and other such actions shall be accomplished
through the major amendment process.
Jackson County's process,and the proposing jurisdiction's process,for a mi-
nor or major amendment to the Regional Plan shall be equivalent to the
state and local required process for a comprehensive plan amendment,in
addition to the Regional Plan-specific provisions. Signatories and affected
agencies shall be provided with notice of the final decision on each major or
minor amendment within five working days of the adoption of the final deci-
sion. Jurisdictions or agencies shall be noticed according to Figure 5.1 of
Chapter S.
Figure 5.1 Jurisdictions and Agencies to Receive Notification of Proposed Amendments to
the Adopted Regional Plan
Jurisdiction or Agency Routine As Needed
City of Eagle Point X
City of Central Point X
City of Medford X
City of Phoenix X
City of Talent X
Regional Plan Element Page 16 of 20
City of Ashland X
Oregon Department of Transportation X
Oregon Department of Land Conservation and Development X
Oregon Department of Environmental Quality X
Oregon Economic and Community Development Department X
Oregon Department of Agriculture X
Oregon Housing and Community Development Department X
Rogue Valley Metropolitan Planning Organization X
Rogue Valley Sewer Services X
Medford Water Commission X
Rogue Valley Council of Governments X
Rogue Valley Transit District X
Oregon Department of Fish and Wildlife X
Division of State Lands X
Ashland School District#5 X
Central Point School District#6 X
Jackson County School District#9 X
Medford School District 549C X
Phoenix-Talent School District#4 X
Eagle Point Irrigation District X
Medford Irrigation District X
Rogue Valley Irrigation District X
Talent Irrigation District X
Jackson Soil and Water Conservation District X
4. URBAN RESERVE MANAGEMENT AGREEMENT
Should the City of Ashland at some point in the future opt to identify urban reserves
through a minor amendment process, the adoption of an Urban Reserve Management
Agreement (URMA) between the City and Jackson County will be required. All develop-
ment within any future Urban Reserve Areas identified for the City of Ashland would be
regulated in accordance with the URMA, and Appendix C of this element is reserved for
the approved URMA for Ashland's future Urban Reserve Areas when they are identified.
Regional Plan Element Page 17 of 20
APPENDIX A
[Reserved for future Urban Reserve map to be in-
cluded when Urban Reserves are identified for Ash-
land.]
Regional Plan Element Page 18 of 20
APPENDIX B
[Reserved for future details of Urban Reserve selec-
tion process to be included when Urban Reserves are
identified for Ashland.]
Regional Plan Element Page 19 of 20
APPENDIX C
[Reserved for future Urban Reserve Management
Agreement (URMA) to be agreed to jointly by Jack-
son County and the City of Ashland at the time Urban
Reserves are identified forAshland.]
Regional Plan Element Page 20 of 20
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Second Reading of two ordinances amending the setback
requirements for the keeping of chickens.
FROM:
Brandon Goldman, Senior Planner, Brandon.Goldman@ashland.or.us
SUMMARY
Presently chickens must be kept a minimum of 75 feet from adjoining dwellings within the City of
Ashland. The ordinance amendments propose to reduce the distance between chickens and adjacent
dwellings from the existing 75 foot requirement, to twenty feet (20'), and establish a new requirement
that chickens, and the structures that house them, can be no closer than ten feet(10') from an adjoining
property line.
BACKGROUND AND POLICY IMPLICATIONS:
The City Council held a public hearing on July 17, 2012, and approved first reading of the proposed
ordinance amendments reducing the distance between chickens and adjacent dwellings from the
existing 75 foot requirement, to twenty feet (20'), and establishing a new requirement that chickens,
and the structures that house them, can be no closer than ten feet (10') from an adjoining property line.
The City council further motioned to correct minor scrivener's errors within AMC Health and
Sanitation Chapter subsection on the Keeping of Animals (9.08.040) to accurately reference the
standards pertaining to chicken coops and chicken runs. These corrections are included in the
ordinances presented to the City Council for second reading.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve Second Reading of the ordinances.
SUGGESTED MOTION:
To independently address each of the two ordinances presented for consideration, the City Council
must make two separate motions.
1. I move to approve the second reading of an ordinances titled, An Ordinance Amending the General
Regulations Chapter(18.68) of The Ashland Land Use Ordinance To Establish Setback
Requirements for Chicken Coops and Chicken Runs.
Page 1 of 2
1�,
CITY OF
-ASH LAN D
2. I move to approve the second reading of an ordinance titled, An Ordinance Establishing Provisions
within the Health and Sanitation Chapter(9.08) Of The Ashland Municipal Code for the Keeping
of Chickens within Residential Districts.
ATTACHMENTS:
• Ordinance amending the General Regulations Chapter(18.68) of the ALUO
• Ordinance amending the Health and Sanitation Chapter(9.08) of the Ashland Municipal Code
• Letter from Donald Kay dated 7/23/2012
Page 2 of 2
1�,
ORDINANCE NO.
AN ORDINANCE AMENDING THE GENERAL REGULATIONS
CHAPTER (18.68) OF THE ASHLAND LAND USE ORDINANCE TO
ESTABLISH SETBACK REQUIREMENTS FOR CHICKEN COOPS AND
CHICKEN RUNS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City Council amended the Ashland Municipal Code and Land Use Ordinances
to provide standards for the keeping of chickens and requirements for chicken coops and chicken
runs on April 17`h, 2012; and
WHEREAS, the City Council has determined that special attention to how chickens can be
successfully integrated into residential neighborhoods is required to avoid negative impacts to
neighbors or a nuisance to the community; and
WHEREAS, the City Council has determined that a minimum setback from an adjoining
property line, in combination with a reduced setback from adjacent dwellings, will provide
increased opportunities for the keeping of chickens; and
WHEREAS,the City Council has determined that it is in the best interest of the citizens of the
City to promote local food production and increased self sufficiency;
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code and Land Use Ordinances on July 17, 2012;
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an
Page 1 of 4
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2 AMC Chapter 18.68.140 [Accessory Buildings and Structures] is hereby
amended to read as follows:
18.68.140 Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use
except where specifically modified by this Title and shall comply with the following
limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district.
B. A guest house may be maintained accessory to a single-family dwelling provided there
are no kitchen cooking facilities in the guest house.
C. A chicken coop and a chicken run may be maintained accessory to a single family
dwelling in a residential district provided the following conditions are met:
1) No more than five (5) chickens shall be kept or maintained on properties of
less than five thousand (5000) square feet in area;
2) No more than one (1) chicken for each one thousand (1,000) square feet of lot
area, up to a maximum of twenty(20) chickens, shall be kept or maintained on
properties greater than five thousand (5000) square feet in area,
3) No roosters shall be kept on the property at any time.
4) Chicken coops and chicken runs shall be constructed as follows:
a) they shall not be located in a required front yard. -he leented-within a
side or r-eaF yftFd-an4y, and shaU be at least seventy ih,e (75) feet fr-e
dwellings on adjoining pFoper-ties.
b) they shall be setback a minimum of ten (10) feet from abutting
properties.
c) they shall be at least twenty(20) feet from dwellings on adjoining
properties.
h 1!) structures shall not exceed six (6) feet in height.
e-e) chicken coops shall not exceed forty(40) square feet in area, or four(4)
square feet per chicken, whichever is greater.
d t, chicken runs, as enclosed outdoor structures, shall not exceed one
hundred (100) square feet in area, or ten (10) square feet per chicken,
whichever is greater.
Page 2 of 4
Delete Graphite
3
mum Copp
setback 'nicker
4-D The keeping of chickens, and the maintenance of their environment, shall be in
accordance with Keeping of Animals chapter of the Ashland Municipal Code(Ch.
9.08.040).
D. Mechanical equipment shall not be located between the main structure on the site and
any street adjacent to a front or side yard, and every attempt shall be made to place such
equipment so that it is not visible from adjacent public streets. Mechanical equipment and
associated enclosures, no taller than allowed fence heights, may be located within
required side or rear yards, provided such installation and operation is consistent with
other provisions of this Title or the Ashland Municipal Code, including but not limited to
noise attenuation. Any installation of mechanical equipment shall require a building
permit.
E. Rain barrels may be located within required side or rear yards provided such installation
and operation is consistent with other provisions of this Title or the Ashland Municipal
Code, and as follows:
1) Rain barrels shall not exceed six (6) feet in height; and
2) Rain barrels shall be located so that a minimum clear width of three(3) feet is
provided and maintained between the barrel and property line; and
3) Rain barrels shall be secured and installed on a sturdy and level foundation, or
platform, designed to support the rain barrel's full weight; and
Page 3 of 4
4) Every attempt shall be made to place rain barrels so that they are screened from
view of adjacent properties and public streets.
F. Regardless of the side and rear yard requirements of the district, in a residential district, a
side or rear yard may be reduced to three(3) feet for an accessory structure erected more
than fifty(50) feet from any street, other than alleys, provided the structure is detached
and separated from other buildings and structures by ten (10) feet or more, and is no more
than fifteen(15) feet in height. Any conversion of such accessory structure to an
accessory residential unit shall conform to other requirements of this Title for accessory
residential units, including any required planning action and/or site review.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1,
5-6) need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this_day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 4 of 4
ORDINANCE NO.
AN ORDINANCE ESTABLISHING PROVISIONS WITHIN THE HEALTH
AND SANITATION CHAPTER (9.08) OF THE ASHLAND MUNICIPAL
CODE FOR THE KEEPING OF CHICKENS WITHIN RESIDENTIAL
DISTRICTS
Annotated to show deletiang and additions to the code sections being modified. Deletions are bold
lined thFeugb and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, Section 9.08.040 of the Municipal Code regulates the keeping of animals within
the City;
WHEREAS, the City Council has determined that special attention to how chickens can be
successfully integrated into residential neighborhoods is required to avoid negative impacts to
neighbors or a nuisance to the community; and
WHEREAS, The current Municipal Code makes it unlawful to keep chickens and other poultry
within 75 feet of another dwelling;
WHEREAS, the City Council amended the Ashland Municipal Code Health and Sanitation
Chapter 9.08 establishing new standards for the keeping of chickens on April 17, 2012; and
WHEREAS, the City Council has determined that a minimum setback from an adjoining
property line, in combination with a reduced setback from adjacent dwellings, will provide
increased opportunities for the keeping of chickens; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the amendments to the Ashland Municipal Code and Land Use Ordinances on July 17, 2012;
and
WHEREAS,the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
Page 1 of 4
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The purpose of these ordinance amendments is to provide standards for the
keeping of domesticated chickens. It is intended to enable residents to keep chickens in
residential zones while amending the standards and requirements to ensure that domesticated
chickens do not adversely impact the neighborhood surrounding the property on which the
chickens are kept.
SECTION 3. AMC Chapter 9.08.040[Health and Sanitation:Keeping ofAnimals] is hereby
amended to read as follows:
9.08.040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more
than three (3) dogs over the age of three (3)months on any one (1)parcel or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or
the provisions of section 18.20.020, keeping or maintaining swine commonly referred to
as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrota, vittatus) is
allowed, subject to the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or
weigh more than 95 pounds.
2. No more than one such pig shall be kept at any one parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the
person keeping or maintaining them or to the property of another if such
other person has given express permission;
b. Be confined to a car or truck when off property where otherwise
confined; or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the standards of minimum care for
domestic animals as set forth in ORS 167.310.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep or maintain poultry within seventy-five (75) feet of another
dwelling, except that chickens may be kept or maintained even within said seventy-five
(75) foot buffer zone provided each of the following requirements is continuously met
inside the buffer zone:
1. No more than five (5) chickens shall be kept or maintained on properties of
less than five thousand(5000) square feet in area;
Page 2 of 4
2. No more than one (1) chicken for each one thousand (1,000) square feet of lot
area, up to a maximum of twenty(20) chickens, shall be kept or maintained on
properties greater than five thousand (5000) square feet in area,.
3. No chickens shall be allowed on properties containing multi-family complexes,
including duplexes;
4. In residential zones chickens shall be kept for personal use only, and not for the
commercial exchange of goods or commodities with the exception of the sale
of surplus eggs directly to the end consumer.
5. No roosters shall be allowed;
6. Chickens must be secured at all times and located at least seventy Rv*--twen
feet(7-52) from dwellings on adjoining properties:
a. During non-daylight hours a secure chicken coop shall be provided to
protect chickens from predators;
b. During daylight houFs5 Chickens shall be located in a chicken run
that meets the requirements of AMC 18.68.140(C)(2 D or in a
securely fenced baekyard area at least ten (10) feet from
neighboring properties;
7. To protect public health, the areas in which chickens are kept must be
maintained in compliance with AMC 9.08.060 and the following requirements:
a. Chicken feed must be kept in rodent- and raccoon-proof containers;
b. Chicken manure must be collected, stored, and removed from the
property on a regular basis in accordance with the following
requirements:
i. All stored manure shall be within a non-combustible, air-tight,
container and located in accordance with the Oregon Fire Code
relating to the outdoor storage of combustibles;
ii. No more than one 20-gallon container of manure shall be stored on
any one property housing chickens; and
iii. All manure not used for composting or fertilizing shall be
removed;
8. Chicken coops and runs shall be built in compliance with AMC 18.68.140(C)(
2 4) and with all applicable building and zoning codes;
9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock
shall not apply to the keeping of chickens or the buildings and structures that
house chickens.
10. Noise resulting from the keeping or maintaining of chickens must not exceed
the limitations set forth in AMC 9.08.170.
D. No person shall keep or maintain rabbits within one hundred (100) feet of another
dwelling or within seventy-five(75) feet of a street or sidewalk.
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any
kind or character wherein bees are hived, within one hundred fifty (150) feet of another
dwelling or within one hundred fifty(150) feet of a street or sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of another
dwelling.
Page 3 of 4
G. Where the conditions imposed by subsections (B)to (F) of this section differ from
those imposed by another ordinance, the provision which is more restrictive shall control.
H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals
identified in this section.
I. Keeping of animals is a Class III violation.
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections,paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions, and text descriptions of amendments (i.e. Sections 1-
2, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 12012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this_day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 4 of 4
Zimbra https:H26n-bra.ashland.or.us/zimbra/h/prinwwssage?id=45519&xir l
Zirnbra goldmanb @ashland.or.us
+Font Size-
Support Letter: For Maintaining Current 7S foot Distance between
a Neighboring Dwelling and a Chicken Coop
From:Donald Kay<I1k322@charternet> Mon,Jul 23,2012 04:00 PM
Subject:Support Letter: For Maintaining Current 75 foot Distance between a Neighboring Dwelling and
a Chicken Coop
To :david@council.ashland.ocus,greg@council.ashland.orus,mike @council.ashland.or.us,
russ@council.ashland.or.us,dennis@council.ashland.orus,John Stromberg
<john @council.ashland.orus>,carol @council.ashland.orus
Cc:goldmanb@ashland.or.us,david lohman<david.lohman @ashland.or.us>
Support Letter: For Maintaining Current 75 foot Distance between a Neighboring House and a Chicken Coop
Dear Mayor and Councilors,
As part of its support for the sustainable food movement,the City Government of Ashland has adopted an active agenda of
increasing the density of chicken coops in its urban neighborhoods.To achieve this goal it is proposed that the distance between
a dwelling and a chicken coop on an adjoining property be reduced to at least 20 feet from the current distance of 75 feet.
The proposed benefits of increasing local food production by increasing the number of home chicken raising operations would be
offset with a decline in Ashland's general livability.Chicken coops pose inherent health and fire risks. Multiplying the number of
coops increase neighborhood noise levels and risk of spreading fire to a adjoining property.The more coops the greater the
probability of promoting rat,raccoon and fly populations;the more chicken coops the greater possibility of contracting the lung
disease,histoplasmosis.
Questions for the City of Ashland:
•Do the Citys Departments have the budget and personnel to enforce the proposed changes in the Health and Sanitation Code?
Self-regulation by the honor system and self-policing by the complaint system will not work.There will be people who will
inevitably jerry-rig automatic chicken coop door openers and chicken coop heaters creating a fire hazard to their property and
their neighbor's property.(1)There will be chicken coops constructed that are not truly rat proof(2)or fly proof(3),thus
creating a health hazard to their neighbors.
•Can the City ensure the health and safety to all of its residents considering the inherent health and fire risks associated with
increasing the density of chicken coops in urban neighborhoods?
•What is the City's plan to inform neighbors of the potential health risks of having a chicken coop located next to their property?
Effectively controlling H.capsulatum spores from becoming aerosolized when droppings are removed during coop cleaning takes
a level of expertise and attention that the average chicken hobbyist does not possess.Will the City of Ashland require all people
who maintain chicken coops to wear a NIOSH approved respirator?(4)Over time H.capsulatum spores build up in the chicken
coop and the soil surrounding the coop.Airborne,spores can be carried easily by wind currents over long distances.They can
enter and contaminate a neighbors air conditioning system.(5)Will there be regulations in the"Health and Sanitation code"
requiring the owner of a chicken coop to use dust suppression techniques and to notify a neighbor when a coop is being cleaned?
Will the City require permits with site inspections for building and demolishing chicken coops?
There is real health risk in exposing the hobbyist,their family members and their neighbors to the inhalation of the fungi spores
that cause the lung disease,histoplasmosis.The proposed revision to at least 20'jeopardizes the health of"Children younger
than 2 years of age,persons with compromised immune systems,and older persons,in particular those with underlying illnesses
such as diabetes and chronic lung disease...this is the group the CDC describes"at having increased risk for developing
symptomatic histoplasmosis."(6)
•If the proposed revision is passed,will the City of Ashland grant an exemption with a Physicians Letter?The exemption would
maintain the current 75'chicken coup/house distance and would provide some relief to a medically vulnerable portion of the
City's population who do not need the additional health risk of being exposed to the aerosolized H.capsulatum spores from a
chicken coup that may be located in close proximity to their bedroom window and/or air conditioner.
Respectfully,
1 of 2 8/1/2012 11:22 AM
Zimbra htt ps://zimbra.ashland.or.us/zimbra/lVprintmessage?id=45519&xir I
Donald Kay
---------------------------------------
1.Articles on Fire Hazards of Urban Chicken Coops
htto://www.kciw.com/news/Iota l/Two-urban-chicken-coops-catch-fi re-i n-Portland-110753399.html
http://abclocal.gocom/kgolstorv?section=news/local/south bav8dd=8478162(1) p.1
2.Article on Rat Problems and Chicken Coops
htto•//raisingbackyardchickens ora/169/ratsoneof-the-biaaest-oroblems-of-raising-bac_kyard-chickens/(2) p.1
3.Article on Fly Problems and Chicken Coops
http://www.ehow.com/how 5239424 reduce-backyard-chicken-coop-run html(3) p. 1
4.The Centers for Disease Control and Prevention publication[20051
"Histoplasmosis: Protecting Workers at Risk(revised edition)"
http://www.cdc.aov/niosh/dons/2005-109/adfs/2005-109,odf(4) pp.9-16: (5) p.9:(6)p.4
2 of 2 8/l/2012 11:22 AM
CITY OF
ASHLAND
Council Communication
August 7, 2012 Business Meeting
Second Reading of an Ordinance Enabling Advisory Elections on Matters Beyond the
Scope of the City's Jurisdiction
FROM:
David Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY
At its business meeting on June 19, 2012, the City Council directed staff to prepare an ordinance
enabling Council to refer to Ashland voters a question on urging Congress to approve a constitutional
amendment that would overturn the Citizens United Supreme Court decision by allowing legislative
regulation of campaign contributions and expenditures and making constitutional rights applicable
only to natural persons. The ordinance presented to the City Council for First Reading on July 17, 2012
was designed to enable Council to refer just that particular advisory question to the voters in the
November 2012 general election and then to sunset. On July 17, the Council voted to amend the
proposed ordinance to provide more generally for advisory elections on any matters beyond the City's
power to enact legislation. The ordinance presented for Second Reading is, therefore, more
comprehensive than the one presented at First Reading. A number of the provisions in the version
presented at Second Reading have had to be revamped and must be read aloud in full. The changes
make it possible for measures, questions, or propositions to determine voter attitudes on matters over
which the City has no jurisdiction to be placed on election ballots by initiative petition or by referral
from the City Council. The Council could, alternatively, limit the scope of this enabling ordinance to
allow advisory elections on matters outside the City's jurisdiction to be placed on the ballot exclusively
by Council referral, thereby precluding initiative petitions as an option for getting such matters on the
ballot. If Council adopts the ordinance as presented on Second Reading, a resolution referring a
proposed advisory question on whether to urge Congress to overturn the Citizens United Supreme
Court decision will, at the same August 7 meeting, be presented to Council for its consideration. In
order to make Council enactment of such a resolution possible on August 7, an emergency clause is
included in the proposed ordinance allowing it to take effect immediately upon passage.
BACKGROUND AND POLICY IMPLICATIONS:
Because of Oregon's constitutional provisions on initiative and referendum, the City Council already
has authority to refer to voters matters over which the City has jurisdiction, that is matters within the
scope of Council's power to enact legislation. Similarly, Ashland voters already have the ability to use
statutorily established initiative petition procedures to place on the ballot measures concerning matters
within the City's power to enact legislation.
For matters beyond the scope of the city's jurisdiction, however, the state constitution's initiative and
referendum provisions do not apply. To make it possible for citizens to petition to get such measures
Page 1 of 2 ImAll
CITY OF
ASHLAND
on the ballot or for the Council to refer such measures to the ballot, a separate enabling provision
would be necessary either in a City ordinance or in a charter provision.
Under the version of the ordinance presented for Second Reading, by initiative petition or by City
Council referral, City advisory measures, questions, or propositions may be placed on election ballots
whether or not they concern matters within the jurisdiction of the City.
If the Council wishes to refer to the voters an advisory question concerning the Citizens United
Supreme Court decision, it must pass some version of the proposed ordinance to enable referral of
questions on matters outside the City's jurisdiction. For such an advisory question to meet the
timelines for placement on the November 6, 2012 general election ballot, such an enabling ordinance
must include an emergency clause.
If Council approves the ordinance presented for second reading, advisory elections on matters of
interest to Ashland citizens may become more frequent than in the past.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
I move that Council approve Second Reading of an Ordinance titled, "An Ordinance Enabling
Advisory Elections on Matters Beyond the Scope of the City's Jurisdiction."
ATTACHMENTS:
Proposed Ordinance
Proposed Ballot Measure
Page 2 of 2
�r,
ORDINANCE NO.
AN ORDINANCE ENABLING ADVISORY ELECTIONS ON MATTERS
BEYOND THE SCOPE OF THE CITY'S JURISDICTION
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS,measures, questions, or propositions to determine voter attitudes on matters over
which the City has jurisdiction may be placed on election ballots by initiative petition or by
referral from the City Council pursuant to Article IV, Section 1 and Article VI, Section 10 of the
Oregon Constitution; and
WHEREAS, a City ordinance could additionally provide for advisory elections on matters
beyond the scope of the City's power to enact legislation; and
WHEREAS,the City Council wishes to afford the electors of Ashland the opportunity to
express their views on matters beyond the City's jurisdiction by means of advisory elections
placed on the ballot by Council referral or by initiative petition and, in particular, the Council
wishes to allow Ashland electors in the November 6, 2012 election to determine by popular vote
whether to urge the U.S. Congress to seek to overturn the U.S. Supreme Court decision in
Citizens United v. Federal Election Commission, 558 U.S. 50 (2010) through a constitutional
amendment making constitutional rights available only to natural persons and granting to
Congress and the States authority to regulate campaign contributions and expenditures.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. City Council may, by resolution, place on election ballots City advisory measures,
questions, or propositions on matters beyond the scope of the City's power to enact legislation. .
SECTION 2. By initiative petition, electors registered in the City of Ashland may place on
election ballots City advisory measures, questions, or propositions on matters beyond the scope
of the City's power to enact legislation. The procedures for placing such advisory measures,
questions, or propositions on election ballots by initiative petition shall be those set forth in
current Oregon Revised Statutes 250.255 to 250.355 or in subsequent revisions thereof.
SECTION 3. The immediate effectiveness of this ordinance is necessary to enable inclusion on
the November 6, 2012 election ballot of an advisory question on efforts to re-establish public
confidence in the integrity of local, state and federal elections and therefore to preserve public
Ordinance No. Page 1 of 2
health, peace, and safety. An emergency is hereby declared to exist and this Ordinance shall be
in full force and effect after its passage and approval by the Mayor.
SECTION 4. The sections, subsections, paragraphs and clauses of this ordinance are severable.
The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the
remaining sections, subsections, paragraphs and clauses.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 17`h day of July, 2012,
and duly PASSED and ADOPTED this day of '12012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. _ Page 2 of 2
EXHIBIT"A"
City of Ashland Ballot Measure
November 6,2012 General Election:
Advisory Question on
Constitutional Definition of"Persons" and Campaign Spending Limits
Caption:
Question on constitutional definition of"persons" and campaign spending limits
Total 10 words(10 words permitted per ORS 250.035)
Question:
Shall Ashland voters instruct Congress to amend U.S. Constitution to grant only natural persons
constitutional rights and limit campaign spending?
Total 20 words(20 words permitted per ORS 250.035 20)
Summary:
The Ashland City Council has placed this advisory question on the ballot to determine whether a
majority of Ashland voter's wishes to urge the U.S. Congress to initiate a new amendment to the
U.S. Constitution so as to make federal constitutional rights available only to natural persons and
grant to Congress and the states authority to regulate campaign contributions and expenditures.
Such a constitutional amendment would make it possible for Congress and state legislatures to
enact limitations and public disclosure requirements on contributions and spending by and for
candidates for elective office, campaign committees, and independent political committees and
individuals.
The outcome of the election on this advisory question will not be binding; it will, instead, serve
to inform Congress of the views of a majority of Ashland voters on the regulation of campaign
finances. Similar advisory elections are occurring in many other U.S. cities.
Total 145 words(175 words permitted per ORS 250.035)
Explanatory Statement:
The U.S. Supreme Court has ruled that legislatively-created entities, such as corporations,
limited liability companies, and unions, have the right to make unlimited political contributions
because the Court determined that legislatively-created entities are persons with the same
constitutional rights as human beings and that political contributions by any person are a form of
expression highly protected by the First Amendment from governmental restrictions.
A "yes" vote on the advisory question would tell Congress to change the federal Constitution so
that corporations, unions, and other legislatively-created entities would not be equated with
persons regarding constitutional rights. Under such a constitutional amendment,these types of
entities would retain privileges granted legislatively by local, state, and federal governments, but
Page 1 of 2
would not have the same constitutional rights granted to human beings. Such a constitutional
amendment would make it possible for Congress and state legislatures to enact limitations on
campaign contributions and spending and require public disclosure of campaign contributions.
A "no" vote would instruct Congress not to change the federal Constitution as to the status of
legislatively-created entities or the inability to legislatively set campaign finance limitations and
disclosure requirements.
The U.S. Congress cannot modify a U.S. Supreme Court decision on constitutional rights
through legislation, but can initiate the process of amending the U.S. Constitution in a way that
would overturn an earlier Court decision or make it no longer applicable. If the U.S. House of
Representatives and U.S. Senate approve a proposed constitutional amendment by a two-thirds
vote, and 38 states then ratify it by legislative approvals or state conventions, it would become
part of the Constitution. The U.S. Constitution has been amended 27 times so far; seven of those
amendments overturned Supreme Court decisions.
Total 282 words(500 words permitted per ORS 246.150, 251.305& 251.325 500)
Page 2 of 2
CITY OF
-ASHLAND
Council Communication
August 7, 2012 Business Meeting
Resolution Referring Advisory Question on Constitutional
Amendment to Ashland Voters in November 6, 2012 Election
FROM:
David Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY
To refer to its voters a question on a matter beyond the city's legislative authority, a city must have
enacted an enabling ordinance or charter amendment. Just prior to considering this referral resolution
at its August 7 meeting, Council is scheduled to decide whether to approve final reading of an
ordinance enabling advisory elections on matters of interest to Ashland citizens that are nevertheless
beyond the scope of the City's power to enact legislation. At its July 17 meeting, Council instructed
staff to anticipate possible passage of such an enabling ordinance by preparing for immediate
subsequent Council consideration of a resolution referring to Ashland voters a ballot question on
urging Congress to approve a constitutional amendment that would overturn the Citizens United
Supreme Court decision by allowing legislative regulation of campaign contributions and expenditures
and making constitutional rights applicable only to natural persons. That resolution is attached and is
the subject of this Council Communication.
BACKGROUND AND POLICY IMPLICATIONS:
In Citizens United v. Federal Election Commission, 558 U.S. 50 (2010), the U.S. Supreme Court held
that legislatively-authorized entities, such as corporations, limited liability companies, and unions,
have the right to make unlimited indirect political contributions because the Court determined that
legislatively-authorized entities have the same constitutional rights as natural persons and that political
contributions constitute expression highly protected from governmental restrictions by the First
Amendment.
Several proposed Constitutional amendments designed to invalidate the Citizens United decision have
been introduced in Congress. If each house of Congress approves one of these proposed amendments
by a two-thirds vote and 38 states then ratify it by legislative approvals or state conventions, it could
become the 28s' Amendment to the Constitution.
At its March 6, 2012 meeting, the City Council adopted a resolution supporting one of the six proposed
constitutional amendments, Senate Joint Resolution 29. Co-sponsored by Oregon Senator Jeff
Merkley, this potential amendment would affirm the power of Congress to regulate campaign
contributions.
Proponents of a different potential constitutional amendment have urged the Council to refer their
preferred version to the voters in the November 6, 2012 general election for an advisory vote.
Page 1 of 2
IrM
CITY OF
ASHLAND
At its business meeting on June 19, 2012, the City Council directed staff to propose an ordinance to
make it possible for the Council to refer to Ashland voters a question on urging Congress to approve a
constitutional amendment that would overturn the Citizens United Supreme Court decision. Assuming
prior Council adoption of the enabling ordinance to be considered at its August 7 meeting, adoption of
the attached resolution would effect that referral to voters.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
I move that Council a resolution titled "Resolution of the City of Ashland, Jackson County, Oregon, to
submit to Ashland electors at the November 6, 2012 general election an advisory question on
instructing the U.S. Congress to approve a constitutional amendment granting Congress and the states
authority to regulate campaign contributions and expenditures and to determine the nature and extent
of the privileges of entities other than natural persons."
ATTACHMENTS:
Proposed Referral Resolution
Proposed Ballot Measure
Page 2 of 2
�r,
RESOLUTION NO 2012 -
RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY,
OREGON, TO SUBMIT TO ASHLAND ELECTORS AT THE
NOVEMBER 6, 2012 GENERAL ELECTION AN ADVISORY .QUESTION
ON INSTRUCTING THE U.S. CONGRESS TO APPROVE A
CONSTITUTIONAL AMENDMENT GRANTING CONGRESS
AND THE STATES AUTHORITY TO REGULATE CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES AND TO
DETERMINE THE NATURE AND EXTENT OF TW PRIVILEGES AND
ENTITIES OTHER THAN NATURAL PERSONS.
RECITALS:
A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has the
authority to submit to electors at duly scheduled elections advisory questions on matters
of interest to the City regardless of whether they are beyond the scope of the City's power
to enact legislation.
B. Ashland residents are affected by federal policies which can be influenced by campaign
contributions and independent political spending.
C. Federal and State regulation of campaign contributions and spending is governed by
decisions of the U.S. Supreme Court.
D. The U.S. Supreme Court held in Citizens United v. Federal Election Commission, 558
US 50 (2010)that legislatively-authorized entities, such as corporations, limited liability
companies, and unions, have the right to make unlimited political contributions because
the Court determined that legislatively-authorized entities have the same constitutional
rights as natural persons and that political contributions constitute expression highly
protected from governmental restrictions by the First Amendment.
E. The U.S. Congress cannot modify a U.S. Supreme Court decision on constitutional rights
through legislation, but can initiate the process of amending the U.S. Constitution.
F. The City Council wishes to afford the electors of Ashland the opportunity to decide
whether to instruct the U.S. Congress to seek to overturn the U.S. Supreme Court
decision in Citizens United v. Federal Election Commission through a constitutional
amendment making constitutional rights available only to natural persons and granting to
Congress and the States authority to regulate campaign contributions and expenditures.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. At the November 6, 2012 election, the advisory question in the ballot title in the
attached Exhibit A shall be submitted to the electors of Ashland for their "yes" or "no" vote.
Resolution No. 2012- Page 1 of 2
SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson
County, Oregon, not later than 61 days prior to the November 6, 2012 election notice of the
City's referral of the advisory ballot question and all that is required to ensure that the ballot title
as shown in Exhibit A complies with County and State requirements for submittal to Ashland
electors in the November 6, 2012 election.
SECTION 3. The City Recorder shall give notice of receipt of the ballot title and notice of
electors' right to petition for review of the ballot title as provided in the laws of the State of
Oregon and the charter and ordinances of the City of Ashland.
SECTION 4. The City Attorney is authorized to modify the text of the ballot title and
explanatory statement shown in Exhibit A to comply with any rules, procedures or practices of
the Elections Officer of Jackson County to implement the requirements of Oregon law.
This resolution is effective upon signing by the Mayor.
PASSED and ADOPTED this day of August, 2012.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of August, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Resolution No. 2012- Page 2 of 2
EXHIBIT "A"
City of Ashland Ballot Measure
November 6,2012 General Election:
Advisory Question on
Constitutional Definition of"Persons" and Campaign Spending Limits
Caption:
Question on constitutional definition of"persons" and campaign spending limits
Total 10 words(10 words permitted per ORS 250.035)
Question:
Shall Ashland voters instruct Congress to amend U.S. Constitution to grant only natural persons
constitutional rights and limit campaign spending?
Total 20 words(20 words permitted per ORS 250.035 20)
Summary:
The Ashland City Council has placed this advisory question on the ballot to determine whether a
majority of Ashland voter's wishes to urge the U.S. Congress to initiate a new amendment to the
U.S. Constitution so as to make federal constitutional rights available only to natural persons and
grant to Congress and the states authority to regulate campaign contributions and expenditures.
Such a constitutional amendment would make it possible for Congress and state legislatures to
enact limitations and public disclosure requirements on contributions and spending by and for
candidates for elective office, campaign committees, and independent political committees and
individuals.
The outcome of the election on this advisory question will not be binding; it will, instead, serve
to inform Congress of the views of a majority of Ashland voters on the regulation of campaign
finances. Similar advisory elections are occurring in many other U.S. cities.
Total 145 words(175 words permitted per ORS 250.035)
Explanatory Statement:
The U.S. Supreme Court has ruled that legislatively-created entities, such as corporations,
limited liability companies, and unions, have the right to make unlimited political contributions
because the Court determined that legislatively-created entities are persons with the same
constitutional rights as human beings and that political contributions by any person are a form of
expression highly protected by the First Amendment from governmental restrictions.
A "yes" vote on the advisory question would tell Congress to change the federal Constitution so
that corporations, unions, and other legislatively-created entities would not be equated with
persons regarding constitutional rights. Under such a constitutional amendment, these types of
entities would retain privileges granted legislatively by local, state, and federal governments, but
Page 1 of 2
would not have the same constitutional rights granted to human beings. Such a constitutional
amendment would make it possible for Congress and state legislatures to enact limitations on
campaign contributions and spending and require public disclosure of campaign contributions.
NOT
A "no" vote would instruct Congress not to change the federal Constitution as to the status of
legislatively-creaA entities or the inability to 1 islatively set cam aign fina cc limita ions and �(�
disclosure requirements.
tM �lld7l..
S.Q a
The U.S. Congress cannot modify a U.S. Supreme Court decision on constitutional rights
through legislation, but can initiate the process of amending the U.S. Constitution in a way that
would overturn an earlier Court decision or make it no longer applicable. If the U.S. House of
Representatives and U.S. Senate approve a proposed constitutional amendment by a two-thirds
vote, and 38 states then ratify it by legislative approvals or state conventions, it would become
part of the Constitution. The U.S. Constitution has been amended 27 times so far; seven of those
amendments overturned Supreme Court decisions.
Total 282 words (500 words permitted per ORS 246.150, 251.305& 251.325 500)
Page 2 of 2
CITY OF
ASHLAND
Memo
DATE: August 1, 2012
TO: Dave Kanner, City Administrator
CC: City Council
Lee Tuneberg, Acting Assistant City Administrator
FROM: Adam Hanks, Project Manager, Administrative Services/Electric Utilities
RE: Conservation Commission Motion—Recommendation on Plaza Improvements Project
At its meeting of July 25, 2012, the Conservation Commission added a discussion of the Plaza
Improvements Project to their meeting agenda which ultimately resulted in a motion in support of
including environmental impacts and cost tracking for the Plaza Improvements Project.
The following is the content of the draft minutes from the meeting relating to the motion:
Commissioner Buck motioned the Conservation Commission request their
liaison, Carol Voisin to communicate their interest and concern, and their desire
to address the environmental impact and sustainability issues pertaining to the
plaza re-design model. The motion was seconded by Commissioner Runkel.
Commissioner Weir made a motion to amend asking Carol Voisin recommend on
behalf of the Conservation Commission, the Council recommends the architect for
the downtown plaza re-design project include SITES's sustainable standards for
environmental sustainability within their plans. The motion was seconded by
Commissioner Gould
The members discussed the usage of the word sustainability, the importance of a
sustainability plan as a guideline for city practices and a functioning operational
plan.
The chairperson called for a vote on the amended motion.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
The chairperson called for a vote on the original motion.
Voice Vote: All Ayes. The motion passed with a unanimous vote.
Commissioner Weir later provided the Commission and staff with a link to the SITESs Guidelines and
Performance Benchmarks 2009 document, located online at
http://www.sustainablesites.or repoNGuidelines%20and%2OPerfonnance%2OBenchmarks 2009 pddf