HomeMy WebLinkAbout2012-1002 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 form located near the entrance to the Council
Chambers. The chair will recognize you and inform you as to the amount of time allotted to you,if any. The time granted will be dependent to
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
October 2, 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.]
6:30 p.m. Executive Session for employee evaluation pursuant to ORS 192.660(2)(i).
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 September 17, 2012
2. Executive Session of September 17, 2012
3. Business Meeting of September 18, 2012
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation declaring October 1 - 8, 2012, as Oregon Days of
Culture
VII. CONSENT AGENDA
1. Approval of Commission, Committee, and Board Minutes
2. Approval of a liquor license application for Yasmeen Stroud dba CJ's Bistro at
11 N. First Street
3. Appointment of Abby Capovilla to the Public Art Commission
4. Approval of a resolution transferring appropriations within FY 2012-13 budget
5. Approval of a resolution and ratification of labor contract with the Ashland
Police Association
6. Amendment #3 to Jackson County Oregon Intergovernmental Agreement for
library services dated October 16, 2007 with the City of Ashland
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W W W.ASHLAND.OR.US
7. Approval of Cycle Oregon grant applications
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. Public hearing to consider raising transportation utility fee and storm drain
rates
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
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Quarterly update of the ad-hoc Homeless Steering Committee
2. Transportation system plan update
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1 Second reading of an ordinance titled, "An ordinance amending Ashland
Municipal Code (AMC) 10.64.010 obstructing passageways'
2. Second 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"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
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 W W W.ASHLAND.OR.US
City Council Study Session
September 17,2012
Pagel of 2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday,September 17,2012
Siskiyou Room,51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m.
Councilor'Silbiger, Lemhouse, Morris, Slattery, and Voisin were present. Councilor Chapman was
absent.
1. Look Ahead
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Railroad Property cleanup plan
Management Analyst Ann Seltzer provided history on the 20 acres owned by Union Pacific Railroad.
Hydrogeologist Geoffrey Brown for the Western Region Cleanup Program under the Oregon Department
of Environment Quality (DEQ) explained DEQ typically allowed the responsible parties of low risk sites
to manage cleanup at their own pace. DEQ would provide the City with a Frequently Asked Questions
document to field questions from the public regarding the project.
CH2M Hill Senior Project Manager Mark Ochsner further explained Phase I of the Remedy
Implementation Plan involved installing a temporary rail spur to remove contaminated soil by railcar also
referred to as gondolas. Loading would occur at the central portion of the site to increase distance from
nearby condominiums. They anticipated installing the spur line winter 2012-2013. Phase II included
excavating an 8-foot depth of contaminated soil from three areas in the Bunker C section. Phase III and
IV consisted of removing 2.5 feet of soil at the east and west ends of the site late 2013 or early 2014.
Phase 5 would remove the temporary rail spur and grade the soil and clean fill used to replace the
contaminated soil. The cleanup of the entire site would meet residential standards.
Gary Honeyman, the manager of Environmental Site Remediation for Union Pacific Railroad (UPRR)
explained contaminated soil would go to the East Carbon Development Corporation (ECDC) in Price
Utah. ECDC would provide high-sided gondolas that could contain 100 tons of material. They would fill
them half full to prevent spillage during transport. UPRR would stage up to 40 railcars in Medford until
needed at the site. Once filled, the gondolas would return to Medford then travel to ECDC via Eugene.
Excavation would take 4-6 months and occur during winter months to cut down on dust. In addition, they
would have water trucks onsite for dust control. The City would not incur hard or soft costs. Non-
contaminated concrete removed from the site would be recycled.
Councilor Silbiger declared a conflict of interest and disclosed his home was 10 feet from the end of the
spur line.
DEQ would monitor the site, address storm water issues, and ensure the site was in good condition
afterwards. There would be 20-30 truckloads of clean fill to replace excavated soil with Oak Street as the
truck route.
Mr. Brown explained how the site would meet residential standards. They would treat the area as an
exposure unit and use a mathematical method to calculate the confidence range With the goal of reaching
a 90% Upper Confidence level of the mean (90UCL). This entailed removing hot samples from the data,
testing the soil, recalculating and repeating the iteration as needed until the site met 90UCL. The process
treated the worst areas, subtracted them from the calculation, added substituted values for clean soil, and
City Council Study Session
September 17,2012
Page 2 of 2
then re-evaluated the site as a whole. It was impossible to achieve 100% certainty and there would
always be the possibility that contamination remained.
Once DEQ determined the site met the 90UCL they would issue a No Further Action letter to UPRR
stating no further action was necessary based on information they received at that point in time under
their judgment. It also stated if new or undisclosed information surfaced in the future, Union Pacific
Railroad would still be responsible. Clean up at that time would involve UPRR, and every owner that
had purchased the land since UPRR sold the property.
Next steps involved CH2M Hill developing a detailed Remedial Design Remedial Action work plan for
DEQ approval followed by public forum then construction.
Mr. Brown clarified contaminates found on the property were heavy metals that did not flow into
groundwater. Construction activities would occur 7:00 a.m. to 4:30 p.m. five to six days a week during
excavation. Mr. Honeyman added the UPRR Real Estate department was interested in selling the site as a
single property and currently had no plans to re-zone.
3. Council consideration of a report on potential lease costs of a resource center for the homeless
in Ashland
Councilor Slattery explained the resource center would provide a variety of support and services for
people who were homeless or at risk of being homeless. Mayor Stromberg added Council could direct
staff to bring back a competitive grant document for discussion during a regular meeting. City
Administrator Dave Kanner recommended draw down funding instead of a lump sum for the grant.
Councilor Voisin thought 1,000 square feet was large for a resource center. Mr. Kanner replied the size
seemed reasonable for a facility that would provide showers, laundry, computer workstations, and office
spaces. Councilor Slattery added if the center was successful, they could increase the span of resources
and possibly collaborate with Jackson County Mental Health, the Maslow Project, and La Clinica. The
space would also allow a thrift store to help pay expenses.
Councilor Voisin supported the resource center but expressed concerned only one service agency would
apply and the thrift store might fail. Councilor Slattery responded if the thrift store did not succeed, in two
years the agreement with the City would end and it would fall to the community to do the necessary fund
raising. Mr. Kanner suggested having the applicant explain how they planned to pay for ongoing
operations. The City would pay the lease costs and utilities for two years. Councilor Slattery thought a
thrift store would provide employment opportunities. Councilor Lemhouse added more agencies might
apply due to the City providing funding.
Council supported staff moving forward, would address the specific questions in the Council
Communication and send their responses and suggestions to Mr. Kanner who could compile the
information for a future Council meeting. Mr. Kanner would also research if the competitive grant would
be eligible for a Community Development Block Grant.
Meeting adjourned at 6:42 pm.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEET/NC
September 18, 2012
Page 1 of 3
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 18,2012
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, Slattery, and Silbiger were present. Councilor Chapman was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Public Arts Commission, Transportation Commission, Tree
Commission, Firewise Commission, and the Audit Committee.
APPROVAL OF MINUTES
The minutes of the Executive Session of September 4, 2012, and the Business Meeting of September 4, 2012
were approved as presented.
SPECIAL PRESENTATIONS& AWARDS
Mayor Stromberg's Proclamation declaring October 7-13, 2012 as Fire Prevention Week was read aloud.
Division Chief- Fire Marshal Margueritte Hickman introduced Terri Eubanks as the new full time CERT
Coordinator.
Conservation Specialist Julie Smitherman introduced the water wise website Water Wise Landscaping in
Ashland designed to help create landscapes that incorporated native and drought resistant plants. The website
included garden tours with hot links to identify plants, soil content, watering information, irrigation,
landscape design, and a watering information line 541-552-2057 along with the ability to click and save
photos and information to a favorites section.
Mayor Stromberg's Proclamation declaring September 21, 2012 as International Day of Peace was read
aloud. Mayor Stromberg read a statement from the Mayor and Council supporting gay and lesbian marriage.
CONSENT AGENDA
1. Approval of Commission,Committee,and Board Minutes
2. Approval of a liquor license application for Todd Tennyson dba Anya's Thai Bistro
3. Approval of a liquor license application for Karen Stacy dba Alchemical Solutions,LLC
4. Appointment of Matt Warshawsky to the Firewise Commission
5. Approval of a property easement request for a driveway in the Westwood area.
6. Award of a contract to the apparent low bidder for the Ashland Creek trunkline reconstruction
7. Approval of an Intergovernmental Agreement between the Oregon Department of Transportation
and the City of Ashland for Code Assistance for the Unified Development Code,Phase Two
8. Special Procurement of a service agreement for use of NEOGOV on-line recruitment and
application tracking services
Councilor Lemhouse/Morris m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
ASHLAND CITY COUNCIL MEETING
September 18, 2012
Page 2 of 3
PUBLIC HEARING
1. Acceptance of an offer for a land exchange with James C. Miller, adjacent to the Ashland Gun
Club
Engineering Services Manager Scott Fleury explained the item was on an earlier agenda but the appraisal in
the staff report did not meet Oregon Revised Statutes requirements. The City contracted with the same
appraiser to perform a full appraisal of the City owned parcel and Mr. Miller's parcel. The appraisal
determined the net value of the proposed land exchange and sale was $70,500 and equated to 3 acres of City
land exchanged to Mr. Miller for 12 acres of his property and an additional $70,000 net value for the
proposed swap. Mr. Miller had reviewed the appraisal and asked for $67,500 as compensation for the
exchange and sale of the property. The property was situated 300-feet from the Ashland Gun Club shotgun
range where shotgun pellets that could travel up to 700-feet. Soil sampling revealed an accumulation of
shotgun lead pellets on the property that resulted in the proposed land exchange and sale. Currently Mr.
Miller could set the level of use and the level of cleanup required on the property. If the City owned the
property, it could set the level of use and cleanup and incorporate it into the Gun Club lease.
The 12 acres came with a 4.5-acre irrigation right from TID (Talent Irrigation District) that could be used
onsite or transferred to another site within the city. Since the property was outside city limits and the urban
growth boundary, Jackson County required a planning process that entailed a property line adjustment using
a Type 1 or Type 2 permit, surveying the property and filing it with the county surveyor.
Mr. Fleury clarified the level of cleanup was defined by level of use and the land was exclusive farm use
(EFU)at this time. Cleanup would fall within County approvals for the EFU land itself.
Public Works Superintendent Mike Morrison explained if the City went through with the land exchange and
sale, they could append the land to the Gun Club Lease. Currently the Gun Club was in the process of
developing a lead harvesting plan. They were also interested in having use of the property. City Attorney
Dave Lohman added they would amend the boundaries of the leasehold so the existing terms of the lease
would apply to that area and the Gun Club would be liable for cleanup.
Public Hearing Opened: 7:29
Public Hearing Closed: 7:29
Councilor Lemhouse/Slattery m/s to accept the offer of a land exchange and sale as proffered by James
C. Miller. DISCUSSION: Councilor Lemhouse thought it was a prudent and reasonable solution.
Councilor Morris motioned to amend the motion and make the acquisition of the property contingent
upon appending the lease to include this in the Gun Club's property. Motion died for lack of a second.
Councilor Voisin would not support the motion for several reasons. With the purchase of the property, City
taxpayers' would have spent $230,000 on the Gun Club in the last four years. Mr. Miller was a Gun Club
member and allowed the Gun Club to use the shooting range knowing it was polluting his land. The
acquisition would increase the property used by the Gun Club from 32 acres to 43 acres and the City would
be responsible for cleanup of the entire property. The Gun Club should have changed the use of gunshot
pellets from lead to steel years ago when they knew it was polluting the property and only made the change
January 2012. That action made her question how serious the Gun Club was about not polluting City
property. She could not support the continual spending of taxpayers' money for a Gun Club that deepened
the City's liability for an expensive cleanup. Roll Call Vote: Councilor Morris, Lemhouse, Slattery,and
Silbiger,YES; Councilor Voisin,NO. Motion passed 4-1.
PUBLIC FORUM
Nancy Nelson/149 Clear Creek Drive/Explained that earlier this year conservationists in the National
Marine Fisheries Service formerly took up the issue with the Environmental Protection Agency requesting
ASHLAND CITY COUNCIL MEETING
September 18, 2012
Page 3 of 3
tougher restrictions on soil-grown foods that affect waterborne species. She noted the document she
submitted into the record regarding genetically modified (GM) crops and how the pesticides and herbicides
commonly used with them were toxic to aquatic plants, insects and fish, in particular the salmon. She went
on to note Monsanto was engineering and patenting self-terminating terminator seeds that required farmers to
purchase new seeds for each harvest. GM fish manufacturers were producing fish that would not reproduce.
Scientist studies confirmed second and third generations of hamsters and rats and first generation of pigs
were smaller, sickly, and sterile. Recently Brazilian farmers won a $2.2 billion lawsuit against Monsanto.
California was bringing forward Proposition 37 that would require GMO labels on products. Five million
farmers successfully sued Monsanto for 7.7 billion Euros and India filed a bio-piracy lawsuit against
Monsanto. US organic fanners had filed an appeal against Monsanto as well. Genetically modified crops
were harming land crops, insects, aquatic life,and plants.
UNFINISHED BUSINESS None.
NEW AND MISCELLANEOUS BUSINESS
1. Designation of LOC voting delegate
Councilor Morris/Slattery m/s to approve Councilor Chapman as the voting delegate for the League of
Oregon Cities membership meeting taking place on September 29, 2012. Voice Vote: all AYES.
Motion passed.
Councilor Slattery/Morris m/s to approve Mayor Stromberg as the alternate voting delegate
for the League of Oregon Cities membership meeting taking place on September 29, 2012.
Voice Vote: all AYES. Motion passed.
ORDINANCES.RESOLUTIONS AND CONTRACTS
1. First reading of an ordinance titled, "An ordinance amending Ashland Municipal Code (AMC)
10.64.010 obstructing passageways"
City Administrator Dave Kanner explained the ordinance came before Council at the previous meeting and
staff realized they had failed to comply with the City code provision requiring a two-week notice. The
ordinance would amend the code to allow condition use permit or special permit holders to sell merchandise
in the street or on a sidewalk in conjunction with their event or conditional use permit.
Councilor Lemhouse confirmed the ordinance would not allow people to sell items on the sidewalk without a
conditional use permit or special use permit. Councilor Slattery disclosed his wife was the Executive
Director of the Ashland Chamber of Commerce and ordinance did not create a conflict of interest for himself
or her.
Councilor Silbiger/Lemhouse m/s to approve First Reading by title only of an Ordinance titled
"Ordinance amending Ashland Municipal Code (AMC) 10.64.010 Obstructing Passageways."
Roll Call Vote: Councilor Slattery,Voisin, Lemhouse, Silbiger,and Morris,YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
None.
ADJOURNMENT
Meeting adjourned at 7:44 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
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PROCLAMATION
r NINE`
...fl 0 Oregon s bountiful resources and natural beauty have inspired and drawn
people for thousands of years.
Oregonians represent diverse cultures that, over the course of 151 years of
statehood, weave together the living tapestry that is Oregon.
0 Culture is valued by every sector of society—business, government,
education, religion—every age group, and every ethnicity.
o. . .— N \ '
The • •. recognized nationwide . . F
!- av effective public-private partnership that strengthens Oregon culture.
Oregon's museums, libraries,theaters, historical societies, arts centers and
ltC� heritage sites draw us together for common • .. of . .
and celebrating culture.
Since 2003, the Trust has invested $405,243.43 in the City of Ashland.
Citizens are encouraged to participate in Oregon culture, to celebrate its
a j1,1
- S vibrancy and.depth, and to give to the arts, heritage and humanities to ensure j
their future viability.
,r NOW, THEREFORE, . . Mayor, on behalf of • 11,/r v
Ashland, do hereby designate October 1-8, 2012, as
fJ��il Oregon
, �; .
t► r b, �.. I.
i• fr
Dated this 2nd day of October, 2012
��•,•NM
\; Barbara Christensen, City Recorder ;dlao=
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�i° _ � IIL� • !. �V�V,,-�.�� ��.y,.�.r '.'U�f �I �`�' ll!/ -.Ast eAf*�i■ '�vti
MINUTES OF A MEETING OF THE
ASHLAND FIREWISE COMMISSION
Wednesday, May 16`h, 2012
12:OOPM to 1:OOPM
Conference Room, Ashland Fire Station #1
455 Siskiyou Blvd
I. CALL TO ORDER 12:05 pm
II. INTRODUCTIONS Present: Kathy Kane, Mike Morris,Pete Norvell, Ron Bolstad, Kelly Eaton,
Firewise Communities Coordinator Ali True. Absent: Eric Olson,Jim Hardt, Ron Parker.
III. APPROVAL OF MINUTES: April 18'h, 2012 meeting-Approved by Pete Nerve]], Ron
Bolstad
IV. PUBLIC FORUM-None
V.ADJUSTMENTS TO THE AGENDA-None
Vt. BUSINESS
A. Report on Firewise Week Projects:
a. Poster Contest: Kathy Kane—Helman grand prize winner the class had an ice cream
party. The winning poster will be displayed in the lobby for a month. Next year will
approach the schools earlier.
b. Firewise Week: overall, and library: Ron Bolstad- Very positive event, successful
week. Publicly was a huge help including the Library display was effective, good use
of photos and books with wildfire information, very impressive. Going to service
clubs closer to Firewise week next year and speak of the success of the program in
the Firewise neighborhoods.
c. Clean-Up Day: Ron Parker, or Ali- Final statistics over 20 bins, 65 tons of material
$1,200 in fuel, $1,300 in disposal cost including 34 hours of staff time, 24 Overtime
at Sunday rates. Thank you for all your hard work! Some ideas for next year a place
where people can dump the materials and use a front end loader to load the containers
for compaction and speed up time. Block the driveway before the event possibly
starting earlier 8:00-3:00. Bring tools, rakes etc. Coordinate with Master Recyclers
next year. Suggest Recology offer a discount day out at the landfill to help reduce the
volume on that day. Giving them a hand out with information about Firewise as they
come in.
d. Media: Ali- Inquires about Firewise week as far away as Texas. Daily Tidings, back
page about the poster contest and the Library event. Channel 5 did come out to Clean
Up day, the Jefferson exchange the week before the Rogue Valley Town Hall with
the Mayor. It was very beneficial because the Mayor really learned a lot about the
Firewise program.
B. Update on Community Events
a) Strawberry Hill: leaders held community meeting on 5110
b) Blossom View Estates: completed renewal process
c) Merrill Circle: residents participated in neighborhood and Ashland Clean-Up Day
D. Upcoming events
1. Mountain Meadows Firewise Day
2. Continued Firewise Community Renewals
E. Reminder to record time for events on timesheets
VII. COMMISSIONER COMMENTS
Please take a Firewise sign and stand located in the front lobby. The 5K was a huge success the
student did a great job and pulled it off and no one got hurt. SOU student athletes helped volunteer
and run the race. The course was a tough race to run;a lot of opportunities to do this in the future
possibly have someone take this project on next year.
VIII. REVIEW AND SET COMMISSION CALENDAR/NEXT MEETING
A. Next Regularly Scheduled Meetings: June 20'h, 2012(guest presentation by legal staff)and July
18"' 2012
IX. ADJOURN: 1:00 PM
In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate
in this meeting,please contact the Public Works Lice at 488-5587(7TYphone number 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 I).
ail
MINUTES FOR THE MEETING OF THE
ASHLAND FIRE WISE COMMISSION
Wednesday, June 20`h, 2012
12:OOPM to 1:00PM
Conference Room, Ashland Fire Station #1
455 Siskiyou Blvd
1. CALL TO ORDER- 12:00 Noon
11. INTRODUCTIONS Present:, Kathy Kane, Mike Morris, Pete Norvell, Ron Bolstad,Eric Olson,
Ron Parker, Firewise Communities Coordinator Ali True. Absent: Kelly Eaton, Resignation Jim Hardt
III. APPROVAL OF MINUTES: May 16'h, 2012 meeting not sent out pending next month's
approval.
IV. PUBLIC FORUM-None
V.ADJUSTMENTS TO THE AGENDA-None
VI. BUSINESS
A. Special Presentation: City Commission Legal Issues
a. By City Recorder Barbara Christiansen
b. Link to all City Commissions found at ashland.or.us, then click on Commissions and
Committees drop down tab at top of page
c. Notes from presentation saved in pdf file and will be attached for review to
commissioners
B. Update on Firewise Community Renewals
a. All current communities have renewed. Three new communities are in progress to be
recognized.
C. Eric Olson made a motion and Ron Parker seconded a formal Thank You to Jim Hardt for his
service on the Firewise Commission, Ali True will write him a letter.
D. Oregon Department of Forestry staff from Salem and BLM staff from Portland are coming to
review grant projects; will be touring Oak Knoll Firewise community Thursday,June 21
E. Grant update: Residential grant of$ up to 600.00: over half of grant funds have been
allocated
F. At the July 4'h parade we are not doing anything this year
VII. COMMISSIONER COMMENTS
It was noticed that the weed abatement letter was improved this year,much more positive approach
"Thank you" to Margueritte Hickman and Fire Department staff.
VIII. REVIEW AND SET COMMISSION CALENDAR/NEXT MEETING
A. Survey before scheduling. Because of Summer Vacations may cancel July 18'h; August 15'h to be
announced.
IX. ADJOURN: 1:00 PM
In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate
in this meeting,please contact the Public Works ice at 488-5587(TTYphone number 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(18 CFR 35.102-35.104 ADA Title I).
CITY OF
ASHLAND
Council Communication
October 2, 2012 — Business Meeting
Liquor License Application
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Approval of a Liquor License Application from Yasmeen Stroud dba CJ's Bistro at 11 N First Street.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for a new ownership.
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:
Under Consent agenda item, a motion to approve liquor license for Yasmeen Stroud dba CJ's Bistro at
11 N First Street.
ATTACHMENTS:
None
Page I of 1
CITY OF
ASHLAND
Council Communication
October 2, 2012 — Business Meeting
Appointment to Public Arts Commission
FROM:
Barbara Christensen, City Recorder, christebna ashland.or.us
SUMMARY
Confirm Mayor's appointment of Abby Capovilla to the Public Arts 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 Public Arts 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 Abby Capovilla to the Public Arts Commission with a term to
expire April 30, 2013.
ATTACHMENTS:
Application received
Page I of I
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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 cwisieb nasId:md.or.m. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name ¢p ('—
Requesting to serve on: ydixt =VY\WjjC%J6Vh (Commission/Committee)
Address �q n wood l uA1 d DT. P�tw nd )-6[16LO
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Work
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1. Education Background
What schools have you attended? pQitrA ( 1�Y�luTt,�t}T FSD�ttln4 T eq by) QAIV(ST�
What degrees do you hold? KW QIUY 0-�S('Aif) t f
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What additional training or education have you had that would apply to this position?
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2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
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ABBY CAPOYILLA
1400 Woodland Dr.Ashland, Oregon 97520 • abim-ao @homiail.com • (541)8W-0357
OBJECTIVE
Seeking a challenging,engaging internship or employment opportunity in an environmental science related
discipline. I am looking forward to a position that requires a consistent work ethic, exceptional
communication skills, attention to detail, and a positive personality. I am interested in natural sciences,
humanities, urban design, and public art.
EDUCA'rION
Southern Oregon University-Ashland, OR 2007-2012
Bachelor of Science in Environmental.Studies-Geography Focus
Minor:Land Use Planning
Minor.-Art
GPA: 3.53
Pacific University-Forest Grove, OR 200-2007
Major:Environmental Studies
Minor:Art
Minor:Spanish
GPA: 3.10
Hood River Valley high School - Hood River, OR 2001-2005
Valedictorian
GPA: 4.0
TECHNICAL SKILLS
- Applied geographical tools, ArcGIS 9.3 and 10/AreCatalog Software
- Cartographic techniques and cartographic software
- Descriptive and inferential statistics (SPSSX)
- HEC- RAS (hydrologic statistics software)
- Microsoft Office-Word, Excel, PowerPoint
- Mac and Windows PC
- Research and writing skills
- U.S. Census data
- Survey design and execution
- Scientific process and data collection
OTHER SKILLS
- Intermediate proficiency in Spanish
- Creative problem solving and organization
- Communication and collaborative strategies
- Art techniques in sculpture, printmaking, drawing, painting, metal working,and design
1
INVOLVEMENT/ACTIVITIES
- City or Ashland Public Art Commission-Commissioner F4112011 -Present
Attend all meetings,gain experience with city processes, planning, and all functions of the
commission, including drafting, editing, and approval of official documents (RFP and RFQ).
- Meijo University Exchange Program - Host Family Winter2012
Participated as a home-stay host for a Japanese exchange student. Engaged in international student
events and contributed to a mutual educational and multicultural experience!
- Jackson County Fuel Committee Volunteer Winter-2012
Participated in woodcuts and delivering firewood to homes as well as some administrative and
coordination support.
- Field Geography Spring2011
Researched an urban square mile in Talent, OR. Interpreted data surrounding its soils, geology,
geomorphology, history, land use, community development, urban renewal, and current planning
projects. I led a walking tour of the square mile in addition to a presentation.
- American Planning Association,Oregon Chapter and Southern Oregon Arts and Research
Public Art Poster S'pring2011
Led a guided public art and planning walking tour for the APA conference hosted by Southern
Oregon University. Attended conference sessions, presented at a poster session on campus.
- City Council Presentation Spring2011
Updated the Urban Wildfire Boundary using ArcGIS and site evaluation of the wildland-urban
interface for the city of Ashland, Oregon. Created recommendations towards education and
awareness in the community,wildfire preparedness, and safety.
- Ashland Forest Resiliency Stewardship Project- Collaborative Partnership Fa112010
Analyzed topography,vegetation and woody debris loads, stand density, soil composition,slope
stability, and aspect for plots of forest in the Ashland watershed. This work aimed to decrease
wildfire hazards and maintain a dynamic, healthy watershed ecosystem, and to determine, effective
forest management approaches.
- Society of Toxicology Symposium -San Diego, CA Spring 2006
Attended sessions at this three day conference and presented a scientific poster, Using Blood Plasma
as a Nondestructive Means for Monitoring Persistent Organochlorine Pollutants in White Sturgeon from the
Columbia River Basin. 1 participated in the scientific testing of plasma samples, analysis and graphing
of all data, writing and preparation of the poster, as well as speaking about the project at the
Symposium.
2.
ACADEMIC AWARDS/ACHIEVEMENTS
- Dean's List, Consistent Honor Roll - 7 terms
RELEVANT COURSEWORK
ES 495: Monitor Contamination in Sturgeon Internship(.Spring 2006,Grade:A)
ES 255: Ecuadorian Ecology,Politics,and Indigenous Peoples(Spring/Summer 2007,Grade:A-)
SSPC 437:Conservation in the US(Fall 2008,Grade:A-)
EC 201:Principles of Microeconomics(Spring 2009,Grade: B+)
ES 349: Maps/Cartography/Geospatial(Fall 2009,Grade:A-)
ES 351: Environmental Policy/impact Analysis(Fall 2009,Grade:A-)
ES 310: Environmental Applications(Spring 2010,Grade:A-)
ES 451: Intro to Geographic Information Systems(Spring 2010,Grade B)
G 353:Oceanography(Fall 2010,Grade A)
GEOG 360:Global Issues,Population Dynamics,Development,and the Environment(Fall 2010,Grade:B+)
SOC 205:Social Problems and Policy(Fail 2010,Grade A)
EC 399:Sustainability,the Environment,and Local Economy(Winter 2011,Grade A-)
GEOG 439: Land Use Planning(Winter 2011,Grade A)
GEOG 440: Planning Issues(Spring 2011,Grade:A)
GEOG 492: Field Geography(Spring 2011,Grade:A)
PS 340:Law,Science,and the Environment(Spring 2011,Grade B)
G 360: Environmental Geology(Fall 2011,Grade:A-)
G 314: Hydrology(Fall 2011,Grade:A)
ES 498: Internship-Public Art Commission,City of Ashland(Winter 2012)
GEOG 350:Urban Environments(Winter 2012)
WORK EXPERIENCE
Server 2012-present
Martolhi lland Tossed Pizza
Sales Associate Winter Seasons 2008-2012
Mt. Ashland-Ashland, OR
Assistant Manager/Baker/Barista 2008-2011
Key of'C'Coffee House-Ashland, OR
Barista/Cashier/Shift Lead 2004-2007
Dog River Coffee Company-Hood River, OR
3
REFERENCES
Patricia Acklin Dr. John B. Richards Michael Pina
Associate Professor of Geography Professor of Geography Assistant Planner
Southern Oregon University Southern Oregon University City of Ashland
1250 Siskiyou Blvd. 1250 Siskiyou Blvd. 51 Winburn Way
Ashland, OR 97520 Ashland, OR 97520 Ashland, OR 97520
(541) 552- 6786 (541) 552-6281 (541) 552-2052
4
CITY OF
ASHLAND
Council Communication
October 2, 2012 Business Meeting
Approval of a Resolution and Ratification of Labor Contract with the Ashland
Police Association
FROM:
Corey Falls, Deputy Chief of Police, corey.falls @ashland.or.us
SUMMARY
The Ashland Police Association is one of five collective bargaining units in the City. Negotiations on
a successor three-year contract with police officers began on May 291h and a tentative agreement was
reached on September 7`h. The contract calls for a 2%cost of living adjustment in the first year and
3% increases in the second and third years. The contract also includes an education incentive, fitness
incentive and longevity incentive.
BACKGROUND AND POLICY IMPLICATIONS:
The current labor contract with the Ashland Police Association expired on June 30, 2012. The City
reached tentative agreements over three negotiation sessions with this bargaining group. Concessions
were made by both parties which are in the best interest of the City. During the last contract period,
the union did not receive a wage increase during two of the years. The new labor agreement takes
steps to compensate officers with incentive pay for having a higher level of education, longevity on the
job, and maintaining a high level of fitness.
To avoid compression between top salary step association members and management, staff is
requesting that non-union management police employees receive the same incentive pay for education,
longevity and fitness.
The agreement calls for:
• A 2% Cost of Living Adjustment (COLA) retroactive to July 1, 2012.
• For the second and third year of the contract, a 3% COLA.
• An education incentive of 2% for having/attaining an Associate's degree, 3% for
having/attaining a Bachelor's degree and 5% for having/attaining a Master's degree.
• Longevity pay of 2% after attaining 10 years of continuous service as a police officer and 4%
after attaining 15 years of continuous service as a police officer.
It should be noted, Longevity pay is not applicable if the employee is already receiving the equivalent
or greater education incentive.
• Association members will receive a $750.00 allowance for the term of the contract to be
reimbursed for approved items to include footwear, practice ammo, gun club membership or
other work-related clothing not provided by the department.
• A fitness incentive payment of up to $250.00 up to twice a year for successful testing at the
approved level of performance during the first year of the contract. The fitness incentive
Page 1 of 2 pra,
CITY OF
ASHLAND
payment will increase to $300.00 up to twice a year for successful testing at the approved level
of performance for years two and three of the contract.
• Standby pay for detectives of five hours straight pay or five hours compensatory time off for
each week on-call.
• Minor language changes intended to clarify or reflect current business practices such as
cancelation of vacation for emergencies, meal periods, and Health and Welfare.
FISCAL IMPLICATIONS:
A 2% COLA is included in the FY 2013 budget for police officers which equates to a total cost of
$35,500. The new agreement calls for a 4% pay increase for attaining 15 years of service. This will
affect two police officers, one immediately and one in March of 2013 for a fiscal impact of$1,965.15.
The new agreement calls for a 3%pay increase for attaining or having a Bachelors degree. This will
immediately affect nine police officers who all have bachelor's degrees. The fiscal impact for the
education incentive is $15, 872.04. The fiscal impact for the fitness incentive is estimated at
approximately $4,000 based on past performance and participation. The standby pay for detectives
will have a $7,500 impact on the budget. The equipment allowance will have a maximum impact of
$4,750 on the budget.
The fiscal implications for non-union police managers receiving incentive pay of longevity, education
and fitness is as follows. The fiscal impact for longevity is $6,254.16. The fiscal impact of the
education incentive is $18,823.20. The fiscal impact for the fitness incentive is estimated at
approximately $2,000 based on past performance and participation.
The incentive pay was not included in the budget. If the Police Department cannot absorb the
additional cost in their budget, money may need to be transferred from contingency to cover the
increase in cost.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council authorize the City Administrator and Mayor to sign the labor
contract, ratifying the tentative agreements reached in negotiations. In addition, staff recommends that
non-sworn police managers receive the same incentive pay as longevity, education and fitness and
agree to these updated changes in the management resolution.
SUGGESTED MOTION:
Motion no. 1: I move to approve the labor agreement between the City of Ashland and the Ashland
Police Association, and I authorize the City Administrator and Mayor to sign the labor contract,
ratifying the tentative agreements reached in negotiations.
Motion no. 2: I move to approve the resolution titled, "A resolution extending certain longevity,
educational attainment and fitness incentives to non=represented DPSST-Certified Ashland Police
personnel"
ATTACHMENTS:
None
Page 2 of 2
�r,
RESOLUTION NO. 2012-
A RESOLUTION EXTENDING CERTAIN LONGEVITY, EDUCATIONAL
ATTAINMENT AND FITNESS INCENTIVES TO NON-REPRESENTED
DPSST-CERTIFIED ASHLAND POLICE PERSONNEL
RECITALS:
1. The City has an interest in maintaining compensation differentials to avoid compression
between represented employees and the supervisory/management staff.
2. The City has negotiated a three-year labor agreement with the Ashland Police
Association that provides for certain longevity, educational attainment and fitness
incentives.
3. The City recognizes that it is in its interest to encourage longevity, educational attainment
and fitness for all sworn police personnel and not just those who are members of a
bargaining unit.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The pay longevity, educational attainment and fitness incentives contained in the
three-year collective bargaining agreement between the City of Ashland and the Ashland Police
Association shall apply to all sworn, DPSST-certified non-represented Police Department
personnel, except for the chief of police, throughout the term of the collective bargaining
agreement, retroactive to July 1, 2012.
SECTION 2. 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 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Council Communication
October 2, 2012 Business Meeting
Amendment #3 to Jackson County Oregon Intergovernmental Agreement for
Library Services dated October 16, 2007 with the City of Ashland
FROM:
David H. Lohman, City Attorney, lohmand @ashland.or.us
SUMMARY
This is a renewal agreement (Amendment #3) of the City's Intergovernmental Agreement for Library
Services provided by Jackson County.
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, the City entered into an Intergovernmental Agreement for Library Services with Jackson
County. The original term of the IGA was for two years. AMC 2.28.04513 gives the City Administrator
authority to renew essentially unchanged intergovernmental agreements. This particular IGA,
however, contained a clause limiting the City Administrator's renewal authority to one time for one
year. The one year limitation on the City Administrator's renewal authority was subsequently,
inadvertently overlooked, and a City Administrator signed the IGA renewals for 2010, 2011, and 2012.
To rectify this oversight, this agenda item seeks approval by the Council and signature by the Mayor of
the Amendment renewing the IGA for July 1, 2012 to June 30, 2013, even though the City
Administrator has already added his signature. Next year, staff will propose to the County a revised
IGA that does not include a specific limitation on the City Administrator's authority to agree to
subsequent renewals.
FISCAL IMPLICATIONS:
There are no additional costs. Funds are budgeted and available for the amendment to the Contract.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Approve the Library IGA.
SUGGESTED MOTION:
I move to approve"Amendment#3 To Jackson County Oregon Intergovernmental Agreement for
Library Services Dated October 16, 2007 with the City of Ashland" and direct the Mayor to execute
the amendment.
ATTACHMENTS:
"Amendment#3 To Jackson County, Oregon Intergovernmental Agreement for Library Services dated
October 16, 2007 with the City of Ashland"
Page 1 of 1
1W
AMENDMENT #3 TO
JACKSON COUNTY, OREGON
INTERGOVERNMENTAL AGREEMENT
FOR LIBRARY SERVICES
DATED OCTOBER 16, 2007
WITH CITY OF ASHLAND
This P AMENDMENT to the intergovernmental Agreement for Library Services(the
"Agreement'),made and entered into on October 16,2007 by and between Jackson County, a
political subdivision of the State of Oregon,hereinafter called"County",and City of Ashland,
hereinafter called"City".
For consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
agree as follows:
The Contract is hereby amended as follows:
1. Duration and Option to Extend. The agreement shall expire on September 30, 2014.
2. E.rhibit A to lniwgovernrnental Agreement for Library Services between Jackson County
and the City of Ashland, Oregon. Payment terms are amended as follows:
For 16 additional hours of full library services at the Ashland Branch Library[inclusive
of(2) FTEs or equivalent],the City of Ashland shall pay Jackson County as follows:
a. $23,185.49/month from July I,2012 through June 30,2013
b. $23,881.05/month from July 1,2013 through June 30,2014
(Cost figures include a 3%increase July 1 of each year this agreement is in
effect.)
For Outreach activities[inclusive of 1 FTE or equivalent],the City of Ashland shall also
pay Jackson County as follows:
c. $8,211.13/month from July ],2012 through June 30,2013
d. $8,457.46/month from July 1,2013 through June 30,2014
(Cost figures include a 3% increase July 1 of each year this agreement is in
effect.)
Amendment#3 to IGA with City of Ashland 04.01.2012
3. Except as expressly amended by this Amendment,and Amendment Q,all terms and
conditions of the Intergovernmental Agreement remaintu fill force and effect.
4. This Amendment is effective the dale on which this Amendment is fully executed by the,
' parties and fully approved as required by applicable statutes and rules.
CITY OF ASIILA D JACKSON iCOUNTY
1
fay: w < L By
Title: rt MilimliimfiN- tDanny Jordln
Jackson Coonly Administrator
Duce 89 T�
Ap o s e al Su ciency:
S McGeary
Jo
Se or listant i ty ounsel
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Amendment#3 to IGA with City of Ashland 04.01.2012
I
i
CITY OF
ASHLAND
Council Communication
October 2, 2012 Business Meeting
Approval of Cycle Oregon Grant Applications
FROM:
Michael R. Faught, Director, Public Works, faughtm @ashland.or.us
SUMMARY
Staff requests permission from Council to apply for two grants offered by Cycle Oregon.
BACKGROUND AND POLICY IMPLICATIONS:
On September 12, 2012, approximately 2,200 Cycle Oregon participants arrived in Ashland for three
days of cycling and touring. As a show of appreciation to hosting cities that assist in planning and
provide services for the event, Cycle Oregon offers a Community Grant of up to $3,500. The grant
supports bicycle related projects in communities through which they ride, and bicycling advocacy
projects. Cycle Oregon also offers a Signature Grant of up to $50,000 "supporting the kind of
endeavors that frequently lack statewide attention but often mean everything to the people in the small
towns who welcome them on their tour."
The Ashland Transportation Commission has recommended that staff apply for the Community Grant
of$3,500 to support the ongoing Bicycle Safety Education Program for students in the Ashland School
District. The program has provided safety education to students since 1999 and has been financially
supported by The Ashland Bicycle & Pedestrian Commission, Ashland Traffic Safety Commission,
Ashland Transportation Commission, and Ashland Parks & Recreation Department.
The Ashland Transportation Commission has also recommended that staff apply for the Signature
Grant of$50,000 to support a Bike Share Program. The program, in the form of bike rental stations,
will provide access to bicycles for short trips in Ashland with an emphasis on students and tourists.
Bike rental stations will be located in close proximity to Southern Oregon University and the
Downtown Plaza.
FISCAL IMPLICATIONS:
The award of$50,000 will provide 12 bikes (divided between the two stations), with a capital cost of
approximately $3,000 - $4,000 per bike which includes racks and station equipment. Staff is still
trying to determine the actual annual cost to administer the bike share program; however, the costs
could range between $5,000 to 15,000 per year. To that end, staff will contact other communities that
currently maintain bike share programs to help determine more specific annual costs.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approving the submittal of the Cycle Oregon Community Grant application in the
amount of$3,500 to be used for the Bicycle Safety Education Program and the Cycle Oregon
Signature Grant of$50,000 to implement two bike rental stations in the community.
Pagel of 2
CITY OF
ASHLAND
SUGGESTED MOTION:
Move to approve the submittal of two Cycle Oregon grant applications in the amounts of$3,500 and
$50,000.
ATTACHMENTS:
Ashland TSP "Other Modes of Transportation" Bike Share Programs
Page 2 of 2
Bike Share Programs
Bike share programs provide convenient access to bicycles for short trips, transit-linked trips, and/or
tourist trips. Bikes are"rented"from any number of stations set up around a City and can be returned
to the same or any other station. The program encourages short trips with a pricing structure that is
generally free for trips less than 30 minutes and increasing for longer trips. Access to the program
can be purchased through a short-term (typically around $5/day) or annual (typically around
$60/year) membership.
The international community has experimented with bike share programs for nearly 40 years and
until recently had low to moderate success because of theft and vandalism. In the last five years,
innovations in technology have resulted in greater accountability and given rise to a new generation
of technology-driven bike share programs that are currently operated in Montreal, Minneapolis,
Denver, and Washington DC. Lower technology examples have also been successfully implemented
in smaller cities and at university and employment campuses. Some examples of smaller-scale bike
share systems include:
❑Cornell University: 40 bikes at 4 stations funded by allocating $1 of the student activity fee to the
program (annual budget of$14,000).
❑Northern Arizona University: low-technology 45 bike system.
[]Washington State University: higher-technology system (similar to BIXI in Montreal and Nice
Ride in Minneapolis) that allows bikes to be rented for 24-hours from 3 stations around campus.
The 32-bicycle program is funded entirely by students and is an update of the lower technology
Wellbeing Green Bike Program.
❑Tulsa Townies: operated since 2007 by the Saint Francis Health System, bikes are provided
at four stations. Rentals are processed at a terminal at the station using a credit card (for
identification and theft deterrence). In addition, Tulsa Transit offers a"bike library'where users
can "borrow"a bicycle for up to 24 hours.
❑Buffalo Blue Bicycles(see below).
An initial bike share system in Ashland might consist of 5—7 stations (approximately 35 bikes).
Clientele could come from a variety of sources, but would be well supported by tourists and
students. As such stations should be located in close proximity to hotels and education campuses
such as SOU as well as near high activity centers along OR 99 and Main Street-connected with
safe bike routes.
Typical costs include capital of approximately$3,000-$4,000 per bike and an annual operating cost
in the order of$1,500 per bike. Current operations in Washington DC and Minneapolis show usage
rates of approximately 1.0—2.0 trips/bike/day, of which approximately 20% replace a previous
driving trip (this could be more in a smaller town setting). The immediacy and accessibility of a bike
share system makes it an effective form of personalized public transit. Further, recent North
American systems have recorded very low rates of theft and vandalism.
I
Nice Ride, Minneapolis
Bike Share Case Study—Buffalo Blue Bicycles
Operator:Green Options Buffalo.
Fleet:75 recycled bikes.
Stations:9 stations(bike racks)located at the City's local university and medical campuses(some campuses have multiple
hubs to enable internal trips).
Cost:membersjoin the program for an annual fee of$25 or six hours of volunteer service and"check-ouf'bicycles on-
line for no additional cost.
How it works:Bicycles are locked to racks at the stations.Users"check-out"bicycles on-line where they are provided a
unique PIN code to unlock the bike.The database updates to show current bicycle availability.Bicycles may be checked
out for up to t%vo days and returned to any station.
Expansion:Stations are added by request—a business wanting a station needs only to provide a bike rack outside their
building.
Problems:Stations located off the major campuses have generally failed from lack of ridership,theft,and vandalism.
Statistics: 171 registered members;nearly 1,000 trips(2008).
G:\pub-wrks\eng\dept-admin\TRANSPORTATION COMMISSION\MAPS&INFO\Bike Share Programs.doc
II
CITY OF
-ASHLAND
Council Communication
October 2, 2012 Business Meeting
Resolution Transferring Appropriations within the FY 2012-13 Budget
FROM:
Lee Tuneberg, Administrative Services/Finance Director, tuneberl @ashland.or.us
SUMMARY
Staff has identified the need to transfer appropriations in the General and Capital Improvement funds
to meet unanticipated needs and to maintain compliance with Oregon Budget Law. These transfers are
necessary to create appropriation authority for the Plaza update project and the Miller property
purchase, both of which have recently been approved by the Council.
BACKGROUND AND POLICY IMPLICATIONS:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations. This process includes a notice in the
paper prior to Council taking action.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing prior to the council taking
action.
The proposed resolution identifies and authorizes transfers of appropriations (Item 41 above) in the
following Funds:
• General Fund - From contingency to the following Department operations
o Administration—Plaza Renovation Project representing the use of residual amounts
from prior years $102,786
• Capital Improvements Fund - From contingency to operations
o Public Works—Cost for the Ashland Gun Club studies and the purchase of the Miller
Property $78,000
TOTAL APPROPRIATIONS FROM CONTINGENCY $180,786
(across two separate funds)
This is the FIRST transfer of appropriations request for FY 2012-13.
Page 1 of 2
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
Transfers of appropriation do not increase or decrease the adopted budget. Transfers of appropriations
using contingency do cause a reduction in the ending fund balance of each fund having a transfer and
impact the carry forward balance for the following fiscal year.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the proposed resolution.
SUGGESTED MOTION:
I move to adopt a resolution titled "A Resolution Transferring Appropriations within the FY 2012-13
Budget' as presented.
ATTACHMENTS:
Proposed Resolution
Council Communications—Approval of Final Design for the Downtown Plaza
Transfer Request Memo—Public Works
Page 2 of 2
�r,
RESOLUTION NO. 2012 -
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2012-2013 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
General Fund
To: Administration—Economic Development $102,786
From: Contingency $102,786
To Transfer appropriations from Contingency to Administration—Economic Development
representing use of the Transient Occupancy Tax residual amounts from prior years to cover part
of the estimated $170,000 cost for the Plaza renovation project. The remainder of the project
costs will be covered by unused Economic Development appropriations.
Capital Improvement Fund
To: Public Works - Facilities $78.000
From: . Contingency $78,000
To Transfer appropriations from Contingency to Public Works - Facilities to cover cost for
Purchasing of land adjacent to the Ashland Gun Club.
TOTAL
To: Division Appropriations 180 786
From: Contingency 180 7 6
SECTION 2. This resolution was duly PASSED and ADOPTED this day of
October, 2012, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of October, 2012:
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
CITY OF
ASHLAND
Council Communication
August 21, 2012, Business Meeting
Approval of Final Design for the Downtown Plaza
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY
At its May 1, 2012, meeting, the Council directed staff to issue a request for proposals (RFP) for a
landscape architect to improve the landscaping and furnishings on the downtown plaza. The local
landscape architecture firm Covey/Pardee was hired pursuant to that RFP, and a preliminary concept
plan, developed with extensive public input, was presented to the Council on July 16. After reviewing
the concept plan, which calls for increasing the hardscape in the plaza to reflect how the plaza is
actually used, and increasing the amount of seating by using seat walls, the Council directed that a
final plan be developed. The final plan adds benches to some of the seat walls, shrinks one of the seat
walls that appeared to be too large in the concept plan and calls for concrete pavers rather than scored
concrete. If the final plan is approved by the Council, staff anticipates beginning construction work
on the plaza in January 2013.
BACKGROUND AND POLICY IMPLICATIONS:
The downtown plaza is, in essence, Ashland's living room. It is in all likelihood the one place in the
city in which every visitor and every resident sets foot. However,just as the carpeting and the
furniture in a living room must be refreshed from time to time, so too is the plaza (arguably) in need of
renovation. In fact, historical photos clearly show that the plaza has gone through a renovation of
some kind every 15 to 20 years.
The plaza today is a deteriorating asset; fundamentally no different than a rutted street that must be
repaved or a leaking roof that must be replaced. In the words of the City's Public Arts Commission,
"Improving the plaza's appeal is integrally tied to the city's continued vitality, livability and sense of
place. The plaza should...also become a contemporary usable gathering space for citizens and tourists
alike."
In May of this year, at Council direction, staff issued an RFP for landscape design, with the following
scope of services:
1. A plan for creating more resilient landscaping in the Plaza.
2. Recommend a revised seating layout, including recommendations regarding the type of furnishings
to be provided in the Plaza.
3. A plan for providing "rooms"within the Plaza that offer differing but complementary uses.
4. In developing the plan, the selected consultant will be expected to meet with key stakeholders to
solicit their input before creating the final plan.
Pagel of3
NEW,
CITY OF
ASHLAND
Pursuant to the RFP, the City contracted with the local landscape architecture firm Covey/Pardee. The
firm's first order of business was to hold two public open houses at which citizens were asked to
provide input into the design process. In addition, each of the City's boards and commissions was
asked to provide input and four commissions did so' The Planning, Historic, Tree and Public Art
Commissions. Their input is attached to this Council Communication. Covey/Pardee immediately
noted, and our Parks Department agreed, that because of pedestrian patterns in the plaza and the way
the plaza is actually used, the spaces on the east and north ends that had at one time been grassy areas
have become too compacted and tree roots are too close to surface level for replanting. It was also
determined that a Modesto Ash tree at the south end of the plaza is nearly dead and must be removed,
and that the root ball of a large Liquid Amber at the north end has pushed out of the ground and
threatens the surrounding sidewalks and street.
Consensus arose during these public input sessions as well as at two subsequent public input sessions
(attended by more than 80 citizens) that the plaza would be better served by replacing the compacted
turf areas with hardscape and increasing the number of trees to provide additional shade during the
summer months. This consensus was reflected in the initial concept plan presented to the Council on
July 16, at which time the Council raised several specific concerns.
1. The absence of benches with backs. All seating in the concept plan was provided by seat walls.
2. The size of one particular seat wall that ran north-south behind what the plan envisioned as a
"stage"area.
3. The use of scored concrete rather than pavers.
4. The project cost. A preliminary estimate (including a project contingency) totaled $227,000.
In response to these concerns the final plans call for six benches (actually bench seats and backs
attached to the seat walls) as opposed to the five benches currently in the plaza. The size of the large
north-south seat wall has been shrunk and the final plan calls for concrete pavers. In addition, by
having city staff do most of the site prep work, including concrete demolition, grading and some
landscape planting, the cost estimate is reduced to $170,000,of which more than $28,000 is project
contingency and which is well within available funds. This cost can be reduced further by using
scored concrete instead of pavers.
At its August 7 meeting, the Council requested information— in response to input from the
Conservation Commission—on the applicability of SITES Sustainability Standards to this project
should it go forward. SITES appears to be intended for projects that are much, much larger and more
complex than this one (e.g.,the SOU student housing project),however a separate memo is attached
that addresses the Council's request.
FISCAL IMPLICATIONS:
Funding for this project would come from transient occupancy taxes that are, by Council resolution, set
aside for downtown improvements, as well as transient occupancy tax money that had been set aside
for economic development. There is more than enough funding available for this project.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends Council approval of the final design for the downtown plaza and requests direction
to move forward with developing construction documents and plans to undertake construction this
winter.
Page 2 of 3
CITY OF
ASHLAND
SUGGESTED MOTION:
I move approval of the final design for the downtown plaza as presented by Covey/Pardee and direct
staff to work with Covey/Pardee on construction documents and bid packages, with the goal of
undertaking the designed improvements to the plaza beginning in January 2013.
ATTACHMENTS:
Input from the Planning, Historic, Tree and Public Arts Commissions
Memo regarding SITES Sustainability Standards
Preliminary opinion of probably project costs
Final design presentation
Photo submitted by Councilor Silbiger
Page 3 of 3
ASHLAND
September 21, 2012
Lee Tuneberg
Director of Finance
City of Ashland
20 E. Main St.
Ashland 01 975211
RE: Miller Property Acquisition
The City Council recently approved the purchase of 12.acres,of land adjacent to the gun club.The land
is owned by Mr..Iin1 Miller and lie offered the City all opportunity to purchase the land. The parcel in
question is adjacent to the shotgun and sleet range. Through years of use shotgun pellets have traveled
past the 300 foot property boundary and Mr. Miller's parcel contaminating his land with lead shot.
By purchasing the property, the City can set the level of cleanup of the site and also incorporate the land
into the existing gun club lease; requirirtgAlio gun club to assist in the lead harvesting and land
stewardship program.
This approved land purchase: was unanticipated within the current budget. The approved land purchase
price was established at $67,500 Ili order to process the purchase$10,500 in,additional monies will be
required. A$78,000 appropriation is required to cover the land purchase.
If you have any questions feel free to contact our office at 541-488-5347
Thanks.
Scott A.. 1 y
Engineering Services Manager
Citv.ofAshland Public Works
G\Pub-wrks\en9\09-07 Gun Club EnvironmentalTinadce Memo-Miller Land Purchase Appropriation 09'21 12.doc(9.21.12)
Public Works Engineering TeC 541-088.5587
20 Easi Main sheet rok;5dIA88.6006 PER
AshlanG:Oregon 97520 TTY.800.735.2900 ,�
MmAshlaM.a.m, -
CITY OF
-ASHLAND
Council Communication
October 2, 2012 Business Meeting
Public Hearing to Consider Increasing Transportation Utility Fee and Storm
Drain Rates
FROM:
Lee Tuneberg, Finance Director, Administrative Services Department, tunerberl @ashland.or.us
SUMMARY
This is a public hearing to consider resolutions to increase the Transportation Utility Fees and the
Storm Drain Utility Fees in the Street Fund. These fees have not been adjusted since November 2009
(FY 2009-2010) while operation costs have increased. Both utilities are experiencing cash shortfalls
when large maintenance or capital projects are done, prompting staff to recommend interim increases
of 5% to 10% until studies are complete, accepted and future project needs and funding are identified.
BACKGROUND AND POLICY IMPLICATIONS:
Rates and fees for enterprises should be reviewed and considered for adjustment each year. Most of
the City's enterprises are subject to forces beyond our control and these put pressure on rates that
cannot be ignored. Because there are four major enterprises (Water, Wastewater, Electric and
Telecommunications, each with its own fund) and two utility systems (Transportation and Storm
Drainage, both managed in the Street Fund by the Street Division and the Storm Water program) the
City is often in a process of evaluating one or two systems, having just finished a review of two and
looking ahead to see when the other two need to be reviewed.
In between reviews, staff projects possible adjustments in the annual budget document and reports
effectiveness and financial condition of all six in quarterly and annual financial reports. A summary of
Actual, Budgeted and Projected Rate Adjustments for the Street Fund is:
Rate Adjustments in FY rl 2011 FY 2011-2012 r r
Actual,Proposed&Projected Actual Actual Budgeted Actual Budgeted Projected Projec M-
Transportation U61it Fee 3.0% 0.0% 4.0% 0.0% 5.0% 5.0% 5.0%
Sbrm Drain Utility Fee 3.0% 0.0% 15.0% 0.0% 5.0% 5.0% 5.0%
No increases were sought in FY 2011 or FY 2012 as Public Works evaluated capital improvement
needs and operations. A delay in a review or implementation of a proposed adjustment may result in a
slightly larger one in future years. Additionally, infrequent and large increases negatively impact the
customer and create financial instability or peaks and valleys in a fund. Significant swings can also
obscure true operational trends as staff projects into the future. The FY 2013 budget was modeled with
5% increases in each program and this review of the Street Fund indicates the need to adjust fees
Page 1 of 5
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CITY OF
ASHLAND
differently between programs. With significant unfunded or under-funded capital improvement
programs (CIP), an argument can be made to adjust rates beyond the percentages included in the
budget. However, staff has to weigh the need of the systems with affordability and timing with
completion of the studies. Additionally, potential changes in revenue sharing and in the ability to
finance capital projects must be considered. Staff anticipates future adjustment to these rates when the
Transportation System Plan is completed and accepted later this year and the Strom Drain study is
done in 2013.
FISCAL IMPLICATIONS:
The Street Fund is a Special Revenue fund because of the state revenue sharing (gas tax) it receives.
The fund accounts for the two systems, Street Division (Transportation Utility) and Storm Water
Program (Storm Drainage Utility). The fund also includes Grounds Maintenance expenses for the
plaza and boulevards performed by Ashland Parks, potential Local Improvement Districts, debt service
and contingency.
The FY 2013 Street Fund budget includes approximately $7.4 million in appropriations including $3.0
million in capital expenditures for Street program, Storm Water program and Local Improvement
District (LID) projects. The long-term budget indicates the need to borrow$4.6 million for capital
improvements before 2019 (excluding LID financing). The Capital Improvement Program also
identifies $14.9 million in unfunded transportation projects and $3.3 million in unfunded storm water
projects. There are no significant amounts of debt outstanding at this time for street or storm drain
improvements.
Transportation:
-Transportation Street Fund
Comparison FY 11 Actual FY 12 Actual FY 13 Budget
Operational Revenue:
Ch_aRe_S for_Semce(e_xcludes-increaseL $ 1,301,964 $ 1,306,620 $ 1,306,620
Gas Tax 1,012,073 1,098,164 1,137,000
Miscellaneous 37,924 1 43,799 38,500
Total $ 2,351,961 $ 2,448,583 $ 2,482,120
Operational Expense:
Personal Services $ 596,273 $ 634,010 $ 700,740
Materials&Services 1,307,814 1,272,775 1,372,140
Debt Service - - 50,000
Capital Outlay-Cash funded 774,814 13;511 484,300
Contingency r rrr
Total $ 2,678,901 1 $ 1,920,296 $ 2,677,180
Revenues Over(Under)Expenses 1 $ (326,940)1 $ 528,287 1 $ (195,060)
Budgeted Rate Increase* 3.0% 4.0% 5.0%
Estimated Revenue Impact-annualized $ 39,100 $ 52,300 $ 65,300
Proposed Increase 0.0% 0.0% 5.0%
Proposed Implementation Date NIA NIA 1-Nov-12
Revenue Impact $ $ $ 43,800
Page 2 of 5
IrM
CITY OF
ASHLAND
The table above is an overview of the Transportation operational program from FY 2011 through the
FY 2013 budget adopted last June.
Gas Tax revenue sharing is approximately$1.1 million per year and is recorded only in this fund. It is
to be used only for Transportation Division activities. Gas tax revenue is restricted in use to
maintaining, repairing and improving streets and roads. It cannot go toward funding or subsidizing
mass transit. The tax is on gallons sold so an increase in the price per gallon does not have a positive
impact although it causes many people to buy less gas, which is a detrimental impact.
The table shows:
A. The Street Division needs the gas tax, in conjunction with the Transportation fee, to pay for
operations. Without the gas tax the rates would need to double.
B. A positive cash flow exists only when the department under-spends the operational budget and
does not do significant capital projects.
C. Revenue over expenses diminishes rapidly when projects are cash funded.
D. The program does not generate sufficient revenue to meet long term CIP needs. (The approved
Capital Improvement Program indicates an average of$600,000 in rate-funded projects each
year through FY 2018).
Projections indicate that borrowing to fund the CIP costs in Item D will add approximately $50,000 per
year in debt service (operational expense). This will reduce the peaks and valleys from cash-funding
projects but the annual debt service expense will climb to $250,000 by FY 2018. This can be
addressed by regular increases but small steps do not provide a solution for the $15.1 million unfunded
projects. The TSP will provide the basis for addressing the long-term infrastructure.
Since the gas tax is a revenue-sharing stream set by the state there is concern that the resource will
diminish in the near future due to state funding issues. Ashland would be well served to adjust
operational charges for service in steps rather than wait for the need for very large increase.
A 5% Transportation Utility fee increase was included in the budget and staff recommends that it be
implemented effective November 1, 2012. Cash shortfalls suggest a larger amount could be requested
but this utility has the time to address capital projects and diminishing gas tax revenue until decisions
are made on capital project funding. Some other adjustment may be needed when the Transportation
System Plan review is complete. The impact for the 5% increase is $0.40 per month on a single family
dwelling.
Storm Drainage:
Revenue over the last three years has been stable which is common for a utility fee. Personnel costs
have increased but operational expenses, actual and budget, have not changed greatly. The key issues
for this utility are:
A. The gas tax revenue cannot be used for storm drain projects.
B. Cash funding the small capital projects causes shortfalls.
C. By default, the transportation utility fee is subsidizing the Street Fund and the storm water
program.
Page 3 of 5
pr,
I
CITY OF
ASHLAND
Recent history indicates storm water operational revenue and operational expenses have been out of
balance for some time but improving in recent years. This utility has not been able to create a regular,
positive cash flow and is overly dependent upon the Transportation Utility to guard against shortfalls.
It also does not have a solution for new debt service or the $3.3 million in unfunded projects.
Street Fund -Storm Drain
Comparison FY 11 Actual FY 12 Actual FY 13 Budget
Operational Revenue:
Charges for Service(excludes increase) $ 588,704 $ 589,690 $ 589,690
Miscellaneous 37,924 43,799 38,500
Total $ 626,628 $ 633,489 $ 628,190
Operational Expense:
Personal Services $ 259,764 $ 284,921 $ 284,170
Materials 8 Services 274,033 245,980 264,840
Capital 0utiay-Cash tunded 52,727 182,650 259,250
Contingency 1](11111
Total 1 $ 586,524 J $ 713,551 1 $ 838,260
Revenues Over(Under)Expenses 1 $ 40,104 1 $ (80,062)L $ _ (210,070)
Budgeted Rate Increase' 5.0% 15.0% 5.0%
Estimated Revenue Impact-annualized $ 29,400 $ 88,500 $ 29,500
Proposed Increase 0.0% 0.0% 10.0%
Proposed Implementation Dab NIA NIA 1-Nov-12
Revenue Impact $ $ $ 39,500
This system is being studied at this time and a report from Public Works will be forth coming that
addresses Storm Water needs.
A 5% Storm Drainage fee increase was included in the budget but staff recommends a 10% increase be
implemented effective November 1, 2012. This percentage increase is an interim compromise between
affordability and need. It improves the utility but may still allow a shortfall based upon what capital
projects are actually done. The study is likely to indentify additional increases are needed but staff
could not delay adjusting rates any longer. The impact is $0.42 per month on a single family dwelling.
Summary of proposed adjustments:
Staff has had as a goal for many years to split the Street Fund in two, separating storm water from
street and transportation related activities and funding sources. The under-funded condition of the
storm drain system removes the potential for being separate in the near future. Rate adjustments can
and should reflect this condition. However, a study by Public Works is currently underway which may
result in appropriate, material adjustments to remedy this condition at that time.
The under-funded CIP in both systems could be the basis for larger increases than budgeted, but the
Storm Drain study now underway and the potential for a decrease in state subvention revenue for
Page 4 of 5
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CITY OF
ASHLAND
Transportation compels staff to do small ( in dollar impact even though the percentages seem large)
adjustments in FY 2012-2013 and revisit the financial condition each year.
The proposed 5% rate increase for transportation and 10% increase for storm drain operations equates
to a combined increase of$0.82 per month (6.8%) or$9.84 per year for a single family dwelling.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council consider the information provided and adjust rates as discussed, effective
November 1, 2012.
SUGGESTED MOTION:
I move to approve the resolution titled, "A resolution adopting a transportation utility fee schedule
pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2009-27"
and
I move to approve the resolution titled, "A resolution adopting a storm drain utility fee schedule
pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2009-28."
ATTACHMENTS:
Resolution for Transportation
Resolution for Storm Drainage
Page 5 of 5
RESOLUTION NO. 2012-
A RESOLUTION ADOPTING A TRANSPORTATION UTILITY FEE
SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION
4.26 AND REPEALING RESOLUTION 2009-27
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Transportation Utility Rate Schedule,"marked "Exhibit A" and attached to
this Resolution, is adopted as the transportation utility fee incorporating a 5% rate increase
effective November 1, 2012.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of
the City Recorder and shall be available for public inspection during regular business hours.
SECTION 3. The fees adopted pursuant to this Resolution shall be effective November 1, 2012.
SECTION 4. Resolution 2009-27 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of
Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No. 5).
SECTION 6. 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 October, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
Exhibit A
City of Ashland
TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2012-
Effective Date, November 1,2012
5%rate increase
Transportation Fee effective 1111/2009 effective 11/12012 Unit
A. Single Family $ 7.94 S 8.34 Per month
B. Multiple Family $ 6.05 $ 6.35 Per month per unit
C. Retail Store $ 1.08 $ 1.13 Per month per 100 sq ft.
D. Wholesale Use $ 0.63 $ 0.66 Per month per 100 sq ft.
E. Office Use $ 0.72 $ 0.76 Per month per 100 sq h.
F. Medical/Dental Use $ 0.97 S 1.02 Per month per 100 sq ft.
G. Service Use $ 0.97 $ 1.02 Per month per 100 sq ft.
H. Reslauranl/Bar Use $ 2.84 $ 2.98 Per month per 100 sq ft.
I. Manufacturing Use S 0,63 $ 0.66 Per month per 100 sq ft.
J. Warehousing Use $ 0.36 $ 0.38 Per month per 100 sq ft.
K, Hotel/Motel Use $ 2.84 S 2.98 Per month per guest room
L. Institutional and all other accounts not $ 2.84 $ 2.98 Per month per required parking spaces
classified above. Including nursing as specified in Chapter 18.92.
homes and retirement homes
M. Churches and places of Worship
NOTE:Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
$ 7.94 $8.34 .
G:Ifinance%AdministrationICouncll Communicalions0clober 1210rafi1Res Exhibit A Transportation fee increase 2012 9242012,2:47 PM
Exhibit A
City of Ashland
TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2009.
Effective Date,November 1,2009
3%rate increase
Transportation Fee effeCtive 8ll/2008 effective 11112009 Unit
A.Single Family $ 7.71 $ 7.94 Per month
B.MuNpk Family S 5.88 S 6.05 Per month per unit
C.Retai Store $ 1.05 S 1.08 Per month per 100 sq ft.
D.Wholesale Use $ 0.62 S 0.63 Per month per 100 sq ft
E.Office the S 0.70 $ 0.72 Per month per 100 sq ft
F.Medical/Dental Use $ 0.95 $ 0.97 Per month per 100 sq 8.
G.Service Use $ 0.95 $ 0.97 Per month per 100 sq fl.
H. Restaurant/Bar Use $ 2.76 $ 2.84 Per month per 100 sq fl.
1.Manufacturing Use $ 0.62 $ 0.63 Per month per 100 sq h.
J.Warehousing Use $ 0.35 $ 0.36 Per month per 100 sq ft
K HoleVMotel Use $ 2.76 S 2.84 Per month per guest room
L. Institutional and all other accounts not $ 2.76 S 2.84 Per month per required parking spaces
classified above. Including nursing es specified in Chapter 18.92.
homes and retirement homes
M.Churches and places of Worship Exempt
NOTE:Users with in the Downtown Overlay Distdd shag be charged on the same basis as elsewhere within Ore
dry. The minimum fee per month for any commercial account is:
$ 7.71 $ 7.94
C:IDOCUME-ItshipLIoXOCALS-11TempU(PgrpwiselRM Exhibit A Transportation lee increase 2009,revised for 396.x15 9116009,10:47 AM
RESOLUTION NO. 2012-
A RESOLUTION ADOPTING A STORM DRAIN UTILITY FEE
SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION
4.27.050 AND REPEALING RESOLUTION 2009-28
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The "Storm Drain Utility Fee Schedule," marked "Exhibit A"and attached to this
Resolution, is adopted as the Storm Drain Utility fee incorporating a 10% rate increase effective
November 1, 2012.
SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of
the City Recorder and shall be available for public inspection during regular business hours.
SECTION 3. The Fees adopted pursuant to this Resolution shall be effective November 1, 2012.
SECTION 4. Resolution 2009-28 is repealed on the effective date of this Resolution.
SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of
Section 1 I of Article XI of the Oregon Constitution (Ballot Measure No. 5).
SECTION 6. 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 October, 2012.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Page 1 of 1
Exhibit A
City of Ashland
STORM DRAINAGE UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2012-
Effective Date, November 1, 2012
10%rate increase
Storm Drainage Fee effective 111112009 effective 11/1/2012 Unit _
A. Single Family S 4.17 $ 4.59 Per month
B. Condominium,1-9 Units $ 1.80 $ 1.98 Per month per unit
C. Multi-Family,1-9 Units S 1.80 S 1.98 Per month per unit
D. Mobile Home&Trailer,1-9 Unites $ 1.80 $ 1.98 Per month per unit
E. All other uses not classified above $ 1.39 S 1.53 Per 1000 square feet impervious area
F. Minimum charge per account $ 4.17 $ 4.59 Per month
NOTE:Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial account is:
$ 4.17 $ 4.59
G:lfinancelAdministraOonlCouncil CommonlcallonslOClobef 120rafllRes Exhibit A Storm Drain fee increase 2012 9/24/2012,2:48 PM
Exhibit A
City of Ashland
STORM DRAINAGE UTILITY FEES WITHIN THE CITY LIMITS
RESOLUTION 2009•
Effective Date,November 1,2009
3%rate increase
Storm Drainage fee effective8l/2008 effective 11/1/09 unit
A Single Family $ 4.05 $ 4.17 Per month
B.Condominium 1-9 Units $ 1.75 $ 1.80 Per month per unit
C. Multi-Famly,1-9 Units $ 1.75 $ 1.80 Per month per unit
D."a Home 8 Trailer,1.9 Unites S 1.75 $ 1.80 Per month per unit
E.All other uses not classified above $ 1.35 $ 1.39 Per 1000 square feet impervious area
F.Minimum charge pet account $ 4.05 S 4.17 Per month
NOTE:Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the
city. The minimum fee per month for any commercial ecoouN is:
$ 4.05 $ 4.17
C.IDOCUME-1l shiplat&OCALS-11TempLyPgrpYASeVte$Exhibit A Storm Drain fee increase 2009 revised for 3%.xis 91168009.10:50 AM
CITY OF
ASHLAND
Council Communication
October 2, 2012, Regular Meeting
Quarterly Update of the Ad-hoc Steering Committee on Homelessness
FROM:
Linda Reid, Housing Program Specialist, Planning, reidl @ashland.or.us
SUMMARY
Following our last joint work session with the City Council on June 4, 2012, the HSC was asked to
provide quarterly reports to the Council. Among other things, this quarterly report addresses a day-use
center, outreach to the faith community, donation boxes, and winter shelter.
BACKGROUND AND POLICY IMPLICATIONS:
As requested, the Homeless Steering Committee (HSC) will provide quarterly updates to the Council.
At a study session held on June 4, 2012, the Council directed the HSC to research facts, pros, cons, and
choices regarding homelessness and near homelessness in the community and provide the Council with
information to help make decisions, find resources, and determine needs. Additionally, the Committee
would research homeless prevention programs, and undertake outreach activities and provide
education on available resources.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Homeless Steering Committee Quarterly Report-Submitted by Chair, Heidi Parker.
Adult Day Center Guidelines
Page I of I
Homeless Steering Committee Quarterly Report
Over the past 3 months, since the HSC last met with the City Council, we have been continuing
to meet twice monthly to work on a few, previously identified issues:
• Day-Use Center: We refined the Adult Day-Use Center Guidelines and have continued to
educate the community on the need for services for the homeless and near-homeless, and to
explore options for sponsoring agencies and locations. We are very appreciative of the Council's
action to move this concept forward.
• Outreach to the Faith Community: The HSC conducted one meeting with members of the
faith community in July, and was pleased with the turnout and to learn about the additional
resources& services they provide. There is a lot of interest and support for a Day-Use Center as
well as need for coordination of volunteers. We are planning a second meeting on October 22,
from 4-6 p.m. at the Library to discuss the need for winter shelter and the possibilities for
coordination of volunteers. Additionally, since there are currently no facilities where the
homeless are able to shower, we hope to explore those options as well. All are invited to attend.
• Ashland Resource List: Following our meeting with the Faith Community, we have
compiled an up-dated list of resources available to citizens of Ashland. Our goal is to eventually
have this printed in an easy to access format that can be distributed to those in need in our
community.
• Continued 3-Way Partnership with La Clinica Mobile Clinic, Community Works & the
Methodist Church to provide much needed Dental, Medical & Mental Health Services to those
in need. We are continuing to serve a consistent number of patients each week, and are grateful
for the time of our practitioners and committed volunteers who make this program possible.
• Donation Boxes: There were some problems with vandalism and theft of the original boxes'
contents, and a re-design is in progress. The new boxes will be re-installed soon. In the
meantime, donations can still be made directly to the St. Vincent's account at People's Bank and
also through the Ashland Chamber of Commerce website at: http://www.ashlandehamber.com
• Winter Shelter: Ashland currently has only the Presbyterian Church offering winter shelter
one night/week on Sunday nights. The HSC is exploring what options are currently in place for
emergency shelter, in hopes of finding additional volunteers and locales in which to provide
bare-bones temporary shelter during the cold winter months.
The Homelessness Steering Committee continues to work together with members our
community in an effort to find solutions that work for all Ashland citizens. We seek to educate
our community about the needs of the homeless and those in poverty, and search for community
partnerships that improve the quality of life for all citizens. We appreciate the recent actions of
the City Council in regards to a Day-Use Center, and look forward to continued collaboration.
Page I of I
ASHLAND ADULT DAY-USE CENTER GUIDELINES:
Goal: Establish, finance and staff an Ashland Adult Day-Use Center to serve Indigent and
Homeless Community Members
Objectives: Establish a facility that provides Ashland's homeless and near-homeless
community with access to basic social services, as outlined below:
• Access to Toilets& Showers
• Laundry
• Clothing
• Address to apply for jobs& services
• Internet access, phone charging
• Storage Lockers
• Provide Referral Services
• Provide space for: Case Management, access to:Mental Health & Substance abuse
counseling
• Small food pantry/Warm liquids
• Provide Job-Training Skills
• Distribute Bus Tokens, as needed
• Transitional Housing Information
Sponsor: A private or non-profit agency that will assume overarching responsibility for the Day
Center, including hiring of a Site Manager and maintaining liability insurance for all paid and
unpaid volunteers, as well as encourage tax-exempt donations from the community.
Who Can Use The Facility?: Any person, regardless of race, religion or creed, gender, or
sexual orientation desiring access to the services provided by the Day-Use Center, will be
allowed to do so. Youth will be encouraged to utilize facilities specifically designed for youth,
however the age limit is yet to be determined, Persons exhibiting the following inappropriate
behaviors will not be allowed on the premises: intoxication, violent or threatening behavior.
Benefits to the City:
• Location of a Day Center outside of the downtown area will reduce congestion on the
central Plaza and the Chamber Plaza areas.
• Services provided at the Day-Use Center may reduce the intensity of negative
interactions between tourists, panhandlers, and other Ashland citizens in the
downtown areas.
• Services provided at the Day Center, such as washing clothes and providing showers,
will help address public health concerns, as well as improve the mental attitudes of
those served.
• A Day-Use Center will make Ashland safer, as community members suffering from
mental illness will be provided with resources and encouraged to seek mental health
services.
Page I of 3
TIMELINE FOR IMPLEMENTATION: 12 months
Phase I - Identify non-profit agency
Phase 2 - Fundraising campaign with target of$50,000
Phase 3 -CDBG Grant-writing in February 2013, which requires 10% matching cash or in-
kind funds
Phase 4 - Lease facility and remodel
Phase 5 - Grand Opening in 2013
Potential Social Service Agency Partners:
Jackson County social services agencies would be encouraged to provide services on a
weekly basis, providing 2-3 hours each week of outreach. Several agencies have already
expressed interest:
Easter Seats, Addiction Recovery Center(ARC), OnTrack, ACCESS, Maslow Project,
Community Works, St. Vincent DePaul, Jackson County Mental Health, and Department of
Health & Human Services.
Hours: Negotiable. Minimally, 20 hours/week, Monday thru Friday 8 a.m.to Noon
Food Preparation: No meals would be prepared at the Day-Use Center since that would
require public health inspections, but warm liquids, like tea or coffee could be made
available.
Security: Local Fire and Police Departments will be consulted to establish policy&
procedures for reporting problems. All staff and volunteers will carry cell phones while on
duty.
BUDGET: $60,000-$80,000 1year
Rent estimated at $2-3,000 month or$24-36,000 yr
Paid Site Manager: ($15-20,000/yr)
Utilities: Water, Electricity, Sewer, Garbage, Internet Access: $500/mo; Depends on services
offered
Liability Insurance: $2-3,000/yr,
Cleaning and Maintenance: Job training option; hire locally
Possible In-kind Donations:
Remodeling labor and materials
Towels and showering products
Food for kitchen
Dog food/kennels
Appliances; washer and dryer, refrigerator, microwave, coffee maker
Kitchen utensils
Clothing(socks, gloves, etc)
Sleeping bags/tents
Furniture: tables, chairs, couch
Computers/printer
Page 2 of 3
On-demand Hot Water Heater
On-Site Staffing:
Manager(paid)+rotation of volunteers, a minimum of two staff on site at all times.
Volunteers: Community& faith-based volunteers, SOU graduate program, social service
agencies' trained staff
Potential Locations: (Private Properties Explored):
The vacant Tidings building on Siskiyou Blvd. Tribune thinks they can lease commercially
The old ICCA building on Ashland St.; current owner wants to sell the property.
Vacant restaurant at 1951 Ashland St. Lease of$2800/mo out of budget range and owner was
not willing to rent for less. Owner listed the property for sale at$680,000.
Requirements For Moving Project Forward:
Sponsoring Agency
Funding
Location
Requirements of Citv of Ashland:
Possible conditional use permit
CDBG funds
Help finding an appropriate site
Page 3 of 3
CITY OF
ASHLAND
Council Communication
October 2, 2012 Business Meeting
Transportation System Plan Update
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm @ashland.or.us
SUMMARY:
The joint Transportation and Planning Commissions have spent two years working on the draft
Transportation System Plan (TSP). The draft plan identifies and recommends policies, studies and
capital projects to improve connectivity for all modes of travel (vehicular, pedestrian, bicycle and
transit).No Council action is required at this time. This is an information briefing on the current status
of the TSP update.
BACKGROUND AND POLICY IMPLICATIONS:
The City Council charged both the Transportation Commission and the Planning Commission with the
responsibility of updating the City's TSP. The joint Commissions held their first meeting on August
24, 2010 and completed their work on September 6, 2012.
Next Steps
• Town Hall Meeting (City of Ashland and the Chamber of Commerce sponsored) October 24
• Planning Commission Public Hearing (November)
• City Council Public Hearing(December/January)
• Transportation System Development Charge (TSDC) Update (February/March)
Why is the City Updating the TSP?
The Transportation Planning Rule (a statewide planning rule) requires that cities prepare, adopt, and
regularly amend local TSPs for lands within their planning jurisdiction. Local TSPs must be updated
within one year of regional transportation plan update and in general should be updated approximately
every five to ten years. The TSP is the basis of the development of the Transportation System
Development Charges (TSDC) and the Capital Improvement Program. The last time Ashland's TSP
was updated was April 1998.
The Council should be proud of the work both Commissions have done to update the TSP. The
Commissions vetted all proposed pedestrian, bicycle, roadway, railroad crossing and transit projects.
Each of their meetings included a public input process and they actively solicited input from the
affected community members on controversial projects.
In addition, the TSP update supports the Council Goal to, "develop an integrated land use and
transportation plan to increase the viability of transit, bicycles, walking and other alternative modes of
Page 1 of 4
I
Jill
CITY OF
ASHLAND
transportation; reduce per capita automobile vehicle miles traveled; provide safe walking and bicycle
routes to home, work, shopping and schools; implement environmentally responsible design standards;
and minimize new automobile-related infrastructure."
The draft TSP can be reviewed at the following site: http://ashlandtsp.com/staties/draft documents
Key Elements of the Draft TSP
The draft TSP includes recommended policies, studies and projects including pedestrian, bicycle,
transit, roadway extensions and intersections, rail crossing improvements, Pedestrian Places and the
road diet.
Policies
Highlights of the proposed polices include:
• Street Functional Classification updates: This policy includes a new shared road classification
that allows all modes (auto, pedestrians and bicycles) to use the same space where right-of-way
is constrained by topography or historically significant structures.
• Multimodal/Safety Based (Alternative) Development Review Process: This is a new
development review process that estimates development impact based on person trips rather
than auto trips. System Development Charges could then be used to fund capacity related
improvements for vehicular, pedestrian, bicycle and transit systems.
• Fee in Lieu Policy: This policy would require development applicants on streets designated as
Shared Streets that would otherwise have to construct sidewalks on their site frontage to pay a
fee into a sidewalk construction fund equivalent to the cost of constructing a sidewalk along
their frontage.
Studies
Highlights of the proposed studies include:
• Downtown Parking and Multi-Modal Circulation Study: This study will evaluate downtown
parking management, truck loading zones, multi-modal circulation (pedestrian, bicycle and
vehicular circulation).
• A pedestrian crossing evaluation and feasibility study on Siskiyou Boulevard from Highway 66
to Beach Street. This study will look at all existing pedestrian crossings and evaluate a potential
pedestrian bridge at the Wightman-Indiana/ Siskiyou Boulevard intersection.
The draft TSP also outlines specific recommended capital improvements in the financially constrained
plan for pedestrian and bicycle facilities, transit services, road intersections, new roads, road
extensions, railroad crossings and Pedestrian Places.
Pedestrian
High priority sidewalk gaps were identified and subsequent improvement projects have been
identified. Examples of proposed pedestrian projects:
• Hersey Street from Main to Oak Street (the Metropolitan Planning Organization recently
approved Congestion Mitigation & Air Quality funding to construct this project)
• Scenic Drive from Maple Street to Wimer Street
Page 2 of 4
11FAWA
CITY OF
ASHLAND
• Ashland Street from S. Mountain Avenue to Morton Street
Bicycle
Critical bicycle gaps have been identified and the draft plan recommends capital projects to improved
bicycle connectivity. Examples of proposed bicycle projects:
• Bike Lane on N. Mountain Avenue from Ashland Street to East Main Street
• Tolman Creek Road from Siskiyou Boulevard to Greenmeadows Way
• Bike Boulevards which includes bike sharrows (same as bicycle treatment on Oak Street) on:
• Main Street from Helman Street to Siskiyou Boulevard
• B Street from Oak Street to N. Mountain Avenue
Transit
The draft TSP includes a recommendation to add two new local transit routes in the future. The first,
Route 8, has a proposed route traveling by the hospital, senior center, downtown, East Main Street, N.
Mountain Avenue,Nevada Street, and Hersey Street. The TSP also includes a proposed rubber trolley
route from the downtown south out to Exit 19. The proposed transit plan also includes a central transit
hub (located in the railroad district) and a transit express route to Medford.
Roadways
Critical road intersection, new roads and road connections have been identified. Examples include:
• A new road connection between Washington Street and Tolman Creek Road(this project
provides additional connectivity from the Washington commercial and industrial development
area and Would be a City project not a private property development project)
• Ashland Street/Oak Knoll Drive-East Main Street intersection realignment
• East Nevada Street Extension (this project is also part of the County's Greenway extension)
Railroad
The draft plan also identifies the need for additional at-grade railroad crossings at Washington Street,
and at Normal Avenue. In addition, the plan recommends a pedestrian and bicycle crossing at 4th and
A streets.
The Pedestrian Places section of the plan has already been processed and approved by both the
Planning Commission and the City Council.
FISCAL IMPLICATIONS:
The full plan includes approximately $73.6 million of projects, studies, and programs.
Nondevelopment driven needs are about $41 million over the next 24 years. Funding projections
based on current trends are estimated to fund approximately $24 million over the next 24 years, which
will cover the majority of the near and medium priority projects and would not require a need to
increase street user rates. That being said, the TSP does not address the $2 million dollar per year
shortfall needed to fund preventive maintenance work on existing infrastructure.
The development related projects, which will only be needed if the development occurs, are about $31
million and will likely result in proposed increases to the Transportation SDCs. Now that the projects
have been identified, our SDC consultant will begin assessing the related impacts to the current SDC
fees. This work will be completed prior to the public hearing process.
Page 3 of 4
pr,
CITY OF
ASHLAND
The following chart outlines the distribution of funding needs:
Intersection Total Program,
and Studies and
Timeline General Pedestrian Bicycle Transit Freight Roadway Project Costs
0-5 Years $100,000 $9,355,000 $3,180,000 $1,000,000 - $4,423,000 $18,058,000
5-15 Years $30,000 $3,900,000 $1,150,000 $2,750,000 $750,000 $1,989,000 $10,569,000
15-25 Years - $3,125,000 $570,000 $3,500,000 - $4,916,000 $12,111,000
Development
- - $2,000,000 $30,886,000 $32,886,000
Driven
Total $130,000 $16,380,000 $4,900,000 $7,250,000 $2,750,000 $42,214,000 $73,624,000
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
N/A
ATTACHMENTS:
http://ashlandtsp.com/statics/draft_documents (Updated document will be available Friday, September
28, 2012.)
Page 4 of 4
Ir,
STAFF EX. 5-S
DRIVE-UP USES Redevelop on site (C-1/C-1-D)within HIA Redelop elOidote A e of HIA
IN HIA
Type I Conditional Use Permit if altering how Type I Conditional Use Permit if altering how non- C-1:Subject to Site Review
non-conforming use or site related to conforming use or site related to standards. No provided location was east of
Current Would not be allowed without obtaining a
standards. No review would be required if review would be required if there were no Z the intersection of Siskiyou and
Ordinance there were no alterations. An type o drive- alterations. An Variance .
(Any yp f (Any type of drive-up use could transfer Ashland. E-1: Would not
up use could transfer to site. ) to site. ) be allowed.
Existing financial institutions could redevelop Existing financial institutions would be able to No change is proposed to
Type I Conditional Use Permit if altering how non- current regulations. C-
with Type II Site Review as a "Special relocate with a Type II Site Review as a
Proposed conforming 1:Subject to Site Review
Permitted Use"subject to recommended Special Permitted Use subject to
Amendment as review would be required if there were no use or site related to standards. No provided location was east of
standards. (Redevelopment for a different recommended standards. (Relocation for a
Recommended use/user would remain subject to a alterations. (Any type of drive-up use could transfer different use/user would not be allowed the intersection of Siskiyou
and
to site. ) z Ashland. E-1:Would not
Conditonal Use Permit. ) without obtaining o Variance ) be allowed.
Notes•
1 - Umpqua Bank is unique among the four financial institutions in the HIA (Historic Interest Areajbecause it is on a split-zoned(E-1 1R-2)site. Neither zoning designation allows
drive-up uses, and it is
thus non-conforming both for its location in the HIA and its zoning. The proposed amendment would allow it to relocate elsewhere in the HIA, but only in C-1 or C-1-D zoned areas where
drive-up uses
are allowed.
2-In staffs view it would be exceedingly difficult to obtain a Variance for these purposes, as the applicants would need to not only demonstrate a site-specific circumstance necessitating
the Variance,
that it would have benefits outweighing any negative impacts, that it would further the purposes of the ordinances and comprehensive plan which generally discourage auto-centric uses
downtown,
and that it was not self-imposed by the applicants'business model, but would also need to address limitations on Variances which generally prevent their use to "to allow a use that
is not in
conformity with the uses specified by this Title for the district in which the land is located. "
CITY OF
ASHLAND
RECORD FOR PLANNING ACTION #2012-00265
PLANNING ACTION: #2012-00265
SUBJECT PROPERTY: C-1 &C-1-1)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.
DATE ITEM PAGE #
7/24/12 Planning Commission Recommendation 1-8
6/12/12 Planning Commission Minutes 9-11
6/12/12 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
5/08/12 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 )
EXPLICITLY 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 are 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 92012-00265 Drive-Up Amendment
July 24,2012
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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
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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 #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 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-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. These include:
1. 250.300 N. Pioneer St./Umpqua Bank Historic Interest Area&Zoned E-1
2. 67 E. Main St.Mells 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-Marl 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 Bank
10. 1624 Ashland St.Mend '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 use 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 cuslomer 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-tip'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-tip 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
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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-1 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
Page 5
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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#2012-00265—Drive-Up Amendment
July 24,2012
Page 6
6
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 purposes 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 1I" 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
Page 7
7
• 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 streetseape 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
8
Commissioners KaplanlHeesacker mis 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 staled 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 it's 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/143 Eighth Street/Stated 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 mis 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
Jane 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
drive �qible from adjacent streets other than an a9W."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#: 39 1E 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: l)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.
A)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.
.(please,print) .. ..
'Address(no P.O.Box) cC''.n
Phoneu'1'
ttr r
Tonight's Meeting llate
Regular Meeting
Agenda item numbee z//_--OR Topic for public forum (non agenda item)
n 6
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member(plamting 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 fie permitted to speak. The Ashland Plmwing Cmumission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
constraints limit public testimony. No person has air 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
disrespectful, and wary 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.
12
Planning Commission
Speaker Bequest 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.
,
Nan- 1 l ��'G,� 1 e �
(please punt)
Address(no P O Biz) y ZS;).
Phone L 7, 'Email CAI V�
7. L Z
Tonight's Meeting Date J (� C 1
Regular Meeting
Agenda item numbetSIM 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 Planning Connrission generally
invites the public to speak on agenda items and during public foruut on non-agenda items unless time
conshwin(s limit public testimony. No person has an absolute right to speak,or parlicipate 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 w-actions which are unreasonably loud or disruptive are
disrespectful, a17d wary constitute disorderly conduct. Offenders will be requested to leave the room.
Cmmnents 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
Address (noP O:Box)
1'honeJ l� s A' . Emat - -
Tonight's Mectiug Date
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.
Written Comments/Challenge: Y Y IIeJ� �\nds �(C����QB� L�QN�O ViA5
_j� 0- "A0,1
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 Planning Coniriiission generally
invites the public to speak on agenda items and during puhlicforum on non-agenda items un less time
corish•aints 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 unreasariably 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
I. CALL TO ORDER
It. ANNOUNCEMENTS
III. 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(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),
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
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
��, Planning Department,51 Winbu. ,ay,Ashland,Oregon 97520 ( C 1 T Y O F
'_ 541.488-5305 Fax:541-552.2050 www.ashland.or.us TTY:1-800.735.2900ASHLAND
PLANNING ACTION: PL-2012-00265
SUBJECT PROPERTY: C-1 &C-1-D Portions of the Historic Interest Area(See neap below)
OWNERIAPPLICANT: 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.E)as it relates to drive-up uses in Commercial districts;this is a continuance of the
public hearing which began on May 81n. Drive-up uses are currently allowed only as "special permitted uses" in the C-I
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-confonving 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 tight-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
TO RELOCATE WITHIN HISTORIC INTEREST AREA {
WHERE CURRENTLY PROHIBITED, { P
PROVIDED THEY WERE UNDER-
1 . GROUND OR SCREENED
CURRENT DRIVE-UP ALLOWANCE
F1, IS LIMITED TO C-1 ZONING
EAST OP THIS LINE
3 (INTERSECTION OF ASHLANDISISKIYOU
'tni � ` I Ku
- `ate
EN"°tr
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 stales 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 freetty contact the Ashland Planning Division,541488-5305.
AMC 18.108.170 Procedure for LegislaNV-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 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 slacking 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 properly 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 0k..m.deO,InnMngTlanning1',onsWoticing FolderWailed Naflts&Slgn&UOI X2012-00265.doex
, I
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 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
under each person's name for Planning Action #E9�3 Historic Design
L'd
Standards.
Sig�re of Employee
G:IcommdevlplanningTonns&HandouWAfBdavll of Mailing-Planning Adon 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 97520 P O BOX 1108
ASHLAND, OR 97520 MEDFORD, OR 97501
{t�SD SSNT -cO ODOT"
127-q
5-EM-2012
Downtown Drive Up Codes
20
1 t
ASHLAND PLANNING DIVISION
STAFF REPORT ADDENDUM #1
June 12tt', 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
RIF QUEST: 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 8'1, 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 ofthe
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 Action PL#2012-00265 Ashland Planning Division—Staff Report Addendum#1
Applicant: Ashland Food Co-Op Drive-Ups In Histodc Interest Area
Page 1 of 4
21
i 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 24"'meeting.
II. Project Impact
A. Transportation Commission Review
The Transportation Commission considered the request at its May 24'h 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 Dlvlslon—Staff Report Addendum#1
Applicant: Ashland Food Co-Op Drive-Up's in Historic Interest Area
Page 2 of 4
22
+. 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.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,
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 HlAwould 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 Drlve-Up's in Hlstodc Interest Area
Page 3 of 4
23
i I
• 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.
• That all components of a drive-up use shall be removed within 60
days of discontinuation of the use through transfer, relocation or redevelopment.
• 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.Khzhaber,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 Winbum 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,
Sin Merely,
( aA
THOMAS GUE ARA JR.
Development Review Planner
26
Pagel of 3
i
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
i
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 modern 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 gone 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.
28
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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 Renort
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.
• What if a fast food restaurant bought one of the downtown area buildings with an existing drive-up?
30
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;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 Knox/Clarified 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
t 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 V16ville, In between neutral and negative; and Chalr Young,neutral,slightly positive.
SOU Student Liaison,Honora 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 Vievllle 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
1.
ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEEP
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 tred#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:541A88-5350 CITY OF
51 Wlnburn Way 1-552-2050
Ashland,O regon 91520 TTY: 80135-2900 .1 S H g A N LJ
Wmv.ashland or us
33
r
RECEIVED
June 9, 2012 JUN 1] 2011
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,wanting one block should not be a problem, and in
fact,might be a very good idea. For those who can't walls, handicapped parking is
available right outside the Co-op's door.
Third,the cost of building underground anything, let alone bank drive-thins,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.com]
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 drive4hru [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
wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
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
1 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: 2:00 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.
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
$8
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 noted her desire to work and collaborate with the property owners.She also voiced her opinion that exception
criteria'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 m/s to approve PA-2012.00016 with conditions as stated during discussion.
DISCUSSION: Ms.Gunterclarified 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 Sisklyou
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 II review."
Mr. Severson explained the Ashland Historic Interest Area consists of the four historic districts in town(Skidmore Academy,
Downtown, Railroad,SiskiyoulHargadine),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 StreetlStated 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 slated 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
PI¢nning Exhibit
HISTORIC COMMISSION � I
LD Ti Meeting of May 2, 2012 ZSTAFF L
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:50488-5305
20 East Male St. Fax:541,552-2050
Ashland,Oregon 97520 TTY: 800.735-2900
m(wmashland.orms
44
d6N2 ':ily of Ashland,Oregon-Municipal Code _
2.13 Transportation Commission City of Ashland
Planning Exhibit
2.13.010 Purpose and Mission E-mlin. -4
PA lB
faAlt6 Tarr L
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 anodes 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 Transp4o5rtation:
shland.or.us/CodePdnl.asp?Branch=True&CodeID=3767 1l
M/12 City of Ashland.Oregon-Municipal Code
1. Safety:will_,velop, coordinate and promote transfic 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 Sulu-Committee
A. Purpose. The purpose of the Traffic Sub-Comfnittee 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 Tragic Sub-Committee is established and consists of
three regular members of the Transportation Commission who shall sit
46
shland.or.us/CodePdnt.asp7Branch=True&CodelD=3787 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
1. CALL TO ORDER: Meeting was called to order at 6:03 p.m.by Chairperson Steve Ryan.
1I. APPROVAL OF MINUTES: Commissioner Kampmann moved to approve the minutes of June 23,2011
as amended,the motion was seconded by Commissioner Young and it passed unanimously.
In. 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 F,was moved to the A spot.
W. PUBLIC FORUM:—,*-
-
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 Coop. The Coop would like to purchase the Umpqua
Bank site and relocate the bank to the old Copeland Lumber or the Northlight space. The bank would be
removed and replaced with a neighborhood park. Customers of the Coop would use the existing Umpqua
parking spaces.
.�[�. In the future,Knox will demonstrate to the commission what is underground,as well as addressing
ventilation,stacking and other issues. ey a oo mg 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. Fought 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 I of
47
Fire Deportment 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 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. Request for Stop Sign at Starflower and Larks our
Joan and Allen Vogel from 462 Thinibleberry 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 yon,but in
others, it does not. This intersection does not warrant a stop sign. The Municipal Uniform Traffic Control
Device(MUTCD)handbook does not have volume restriction for a yield sign,although there is in the
City's code. In special conditions,an engineering review has shown that a yield sign may help to decrease
problems. Olson spent some tittle 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 FYI
Sommer asked that this itenn 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. Faught 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. Faught 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's 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. Faught 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 firm a motion that he made back in October. He restated his motion.
Burnham motioned to install sparrows 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
Pagc 2 of a
48
d0/f 2 ('rw of Ashland,Oregon-Agendas And Minutes
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City of Ashland,Oregon/Commissions&Committees/Transportation Commission
Transportation Commission - Agenda
Thursday, July 21, 2011
TRANSPORTATION COMMISSION
Thursday, July 21,2011
Council Chambers, 1175 East Main Street
nd
[. CALL 1'O ORDER:6:00 PM Age -IF
U. APPROVAL OF MINUTES: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 Slarflower and Larkspur(15 min.)
C. Budget and Expenses for FY12(15 min.)
D. A Street Shared Road Discussion(Torn Burnham)(15 min)
P.. Draft Memorial Marker Policy(10 min.)
VI. NON ACTION ITEMS
A. Car Free Day Planning(10 min)
B. Discussion regarding Kate Jackson's Road Diet comments(10 min)
C. TSP Update(10 min)
D. Traffic Crash Summary
E. N.Maio/Hersey/Wimer Intersection Re-Aliglmlent(10 min.)
VII. INFORMATIONAL ITEMS
A. Action Summary
e. TC Budget Balance:$5,000.00
C. City Source Article
D. Traffic Safety Connection
Vlll. FUTURE AGENDA TOPICS
• Bike Parking and Bike Rack Design Policy
• Future Railroad Crossings
• A Street Shared Road Designation Discussion
IX. COMMISSIONER COMMENTS
X. ADJOURN:8:00 PM
Next meeting scheduled for August 18,2011 @ 6:00 Pm
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in (his
meeting,please contact the Public Marks Office at 488-5587(77T phone number 1 800 735 1900). Notification 48
hours prior to the meeting mill gable the City to nmke reasonable arrangements to ensure accessibility to Ike
shland.or.us/Agendas.asp7AMID=4575 4 1l
The comments of this pre-app are preliminary 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 ore not bound by Nie
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 6th,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 trips, and potential traffic impacts will need to be considered.
Design Impacts/Ripple Effects on the Built Environment: Will underground drive-
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
downtown, design standards, and prohibition on drive-up's in the historic interest area all
work to give primacy to pedestrian friendly/human scale design over auto-centric use. In
staff s view, changes to any of these standards would need to demonstrate that they could
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 6'",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: Now 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: cunningd@ashland.orms 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'^,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 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.
JJ ,
Name. C
(please print)....,,,.
Address(no-P O.Box)
Phone Finad
Tonight's Meeting Date
l ' 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 Plamubug Commission generally
invites the public to speak on agenda items and during public forum on non-agenda items unless time
cotustraints 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 disr•uplive are
disrespectful, and may constitute disorderly conduct. Offenders will be requested to lecme the roon.
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
II. ANNOUNCEMENTS
III. 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.]
Vi. 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
CITY OF
-ASHLANIJ �r®
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
PEAPlanning Department,51 Winbtf •ay,Ashland,Oregon 97520 ASHLAND CITY O F
r� 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800.735.2900
PLANNING ACTION: PL-2012-00265
SUBJECT PROPERTY: • C-1 &C-1-D Portions of the Historic Interest Area
(See map below)
OWNERIAPPLICANT: 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.
• 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.
• 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 Winbum Way.
n
F PROPOSAL WOULD ALLOW
*, \l EXISTING DRIVE-UPS IN HISTORIC INTEREST AREA TO RELOCATE WITHIN HISTORIC INTERESTAREA
WHERE CURRENTLY PROHIBITED, �)
PROVIDED THEY WERE UNDER-
GROUND OR SCREENED
CURRENT DRIVE-UP ALLOWANCE
- IS LIMITED TO C-0 ZONING
Y _ ��_' 11 EAST OF THIS LINE
414 (INTERSECTION OF ASNLANDISISKIYOU
g A EE
�r-
x
18.108.170 Legislative Amendments Procedure
A. It maybe 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.
D. 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 thltty 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.
`G:komm-devlpla,u,ingLLongRengel0rdinan<esl0oomosw DdvreAP Amendmem\C0W..RSMET FOR PACKET d.
I i
ASHLAND PLANNING DIVISION
STAFF REPORT
May 8`h, 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
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#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 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.42012.00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-Up's In Hislodc Interest Area
Page 1 of 9
55
� I
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 of available 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. 1 250.300 N. Pioneer St./Um ua Bank Historic Interest Area/Zoned E-1
2. 67 E. Main StJWells 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
8. 1652 Ashland St./Dutch Bros.
9. 1500 Siski ou Blvd./People's Bank
10. 1624 Ashland St./Wend 's
Planning Action PL#2012-00265 Ashland Planning Division—Staff Report
Applicant: Ashland Food Co-Op Drive-UlYs In Historic Interest Area
Page 2 of 9
56
I I
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-19rh 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,setback from Second Street by a.
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 modern,masonry structure built in 1971
that is considered to be"Non-Compatible/Non-Historic/Non-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.
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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-I) 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 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.
II. Project 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
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1
public hearing in conjunction with the first reading of thb 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
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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
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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 aperceived 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.
ai u�ny i3 i t� i ,xi x. ni qtv
Ifthe Commission is agreeable in principle with allowing these fourdin a up uses to relocate,staff believes
that the first question tomswerls whether.ConditI o�nal Use Permit apptovat hould be required If the=
Commission is open to allowing these relocations h{outgh Site Review apprbvall,as,reque,sted;staff would n
;5hJc6mmerid that the following items be more clearly addressed it the amendedgordinance language tm
avoid adverse impacts to the built environment and pedestrianstreetscape ,ig Z `1�
, y1
2iN6r� c\ „ ,pre m t'
t o Staff believes there should be a clear definition rwhat constitutes placement"predominantly
,, underground as well as a clearstii dard for acceptable screening A:regwrement that the drive
°'4a-i , , �.0 tlV - - ll-. s
s up�be located In a basement,as defined In AMC-18 08 078,coultl be' Included, and,woould allow for
vl
....placement entirely' underground 6r�iwlthi6 a daylight basement ,Staff believes that,lang`uage to'3he
1E.- that relocated drive up uses, be placed within a basement oron a secondary elevation,that
"11 5.2 "bkiRk y _ a. i a�f;R W76
Y.
3;,r they may only be accessed from an alley'or driveway,and that�they be placed,and screened so that no
it sr, components of the use are visiblO�om adjacent street right"s`of-'way other than galleys would suffice
�' o FStaff belleves that the standardas should make clearthat driveways serving,driverup uses in ii
Historic Interest Area may not enter from or 6k!t_to a highor order strdetlfrontAge or through a,
�� -
x primary elevation of the bullding,and that there islto be.no placement of dr!Veways ortqueuir ;i
t j lames between the buil-d _d the right of„way other than an alley„ I 1,
ko Staff believes that nodemolltionsoforexterlor,changestokuildmgswhicfYareconsideredtobe
' histohic resources shiitiltl be allowed to accommodate relocated drive-up uses
„o Staffibelieves that there should be a reguirementthat any structural oG�site elements associated q
+.= with the drive Up:useba removed within 60Fdays,of z aIscontinuatioti`ofthe drive-up use �;,; ,
o Staff believes thatthe amendment should l iilWlt kollcitly clear that�lfh'e intention is only to t
allow the relocatl6fi of existing drive-up uses,wlthin the Historic Interest Area,,,but would..r
?'it�l4ti$i`^- a—� r 1AU a''3a"51M
p allow drive up uses tcurrently operating within the Historic InterestQr�ea to betransferreii Elk
io Finally;,whde there is a,cep,on the nurnber,of approvetl;driye up uses�and the existing codes°.;,
provide for theirAtransfer,there is no clear mechanism m the codes for.;the registry ortransfer of
i � these uses Staff;b'elieves tfiat the list of 12 approved uses�p;owded above should be attached
�,.>oto the o di�nance adopted,and aiministerial permit required forthe transfer or relocation of these
s�` ;uses:when s'uchtransfer is[not associated with a Site Review a lication � ���,���5
III. Procedural - Required Burden of Proof
18.108.170 Legislative Amendments
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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.
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-1-1)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
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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:
• 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.
• 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.
o 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 shall be allowed to accommodate relocated drive-up uses.
• That the components of the relocated drive-up use shall be removed within 60
days of discontinuation of the use.
• 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.
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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.
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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 2nd,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. ,u URBAN DEVELOPMENT SERVICES, LLC
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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, Comer 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 Permit
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
[Drive-Up ning Ordinance Amendment
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Standards, would improve the streets presence, improve pedestrian mobility and experience, and
improve the Downtown's overall character and economy.
Benefiting Sites: 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 Cafe 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.
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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
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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.
I-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.
1-9 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 Housing
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.
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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
long term,will be impacting and meaningful.Incompatible sites will be replaced with compatible
Zoning Ordinance Amendment
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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.
Chapter 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
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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.
Chapter 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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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 char 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 Energy,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.31, but instead encourage
those existing drive-ups to.redevelop their sites that are fitting to the original character of town.
Zoning Ordinance Amendment
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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.
MIAR 2 2012
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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-I
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.
MAR 2 2012
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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-D 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.
MAR 2 2012
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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.
MAR 2 2012
81
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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 property.
FDorivie nng Ordinance Amendment
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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 Str eet (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
October 2, 2012, Business Meeting
Ordinance Amending Ashland Municipal Code (AMC)
10.64.010 Obstructing Passageways
FROM:
Ann Seltzer, Management Analyst, seltzera @ashland.or.us
SUMMARY
Ashland's municipal code prohibits using a public street or sidewalk for selling, storing or displaying
merchandise, unless otherwise permitted by ordinance. This means the Farmer's Market on Oak
Street, which is approved by conditional use permit, and the vendors at the 4`h of July community
celebration on Winburn Way, are actually in violation of City Code. Staff proposes to clean up the
code by amending it to clarify that using a street or sidewalk to sell merchandise can be allowed for
holders of a conditional use permit or a special event permit.
BACKGROUND AND POLICY IMPLICATIONS:
July 2011
The Economic Development Strategy was adopted by the Council in 2011 and includes strategy 5 which
reads: "Increase tourism in the fall, winter, and spring and diversify the types of events and activities."
April 2012
The City Council approved the Special Event Policy and adopted a resolution setting fees for special
events.
Issue
The Ashland Chamber of Commerce Visitor and Convention Bureau (VCB) annually produces the
Ashland Culinary Festival (previously Ashland's Food & Wine Classic) held the first weekend in
November. After five years, the event is now operating at capacity in the Historical Ashland Armory
and the VCB is seeking additional space. They have requested closure of B Street between Oak Street
and Pioneer Street to allow for vendors that cannot be accommodated in the Armory.
The current language in AMC 10.64.0 10 prohibits the use of a sidewalks or streets for selling
merchandise. A few years ago, AMC chapter 13 was updated to allow sidewalk dining. It now includes
13.03.030 Exempt Activities: City Seasonal Event Usage which permits businesses to sell merchandise on
the sidewalk twice a year. It also provides for the Council, by resolution, to establish additional seasonal
event days. This "exempt activities" section, however, relates to sidewalk usage not street usage.
Staff initially recommended the Chamber apply for a conditional use permit(CUP) for the Culinary
Festival and they have begun that process. Our land use law (including its provision for CUPS) is not
designed to address once-a-year weekend events. In the case of the street closure for the Oak Street
Farmer's Market, a CUP was appropriate since the potential impact to neighboring properties was to occur
Paget of 2
�r,
CITY OF
ASHLAND
every weekend for a number of months. AMC 18.08.800 defines Temporary Use as "a short-term,
seasonal, or intermittent use. Such use shall be approved by a conditional use permit only, with such
conditions..."
The street closure request for the Ashland Culinary Festival is for one weekend in November. The special
event permit application requires the applicant to notify neighbors, provide a map showing the layout of the
event, in this case the booths, and indicate access for emergency vehicles. The permit is not approved until
it is reviewed by the various city departments including public works, police, fire and administration.
Staff Rationale
Staff is recommending this ordinance amendment because the Ashland Culinary Event meets the objectives
of the Economic Development Strategy and the Special Event Policy. It occurs in the off season, has
grown in attendance and ticket sales over the last several years and is an organized activity that requires the
use of the public right of way. In addition to adding an exemption for special event permits, staff has also
proposed including an exemption for conditional use permit holders. This would allow the Farmer's
Market and any future similar activities that may secure conditional use permits for the use of the public
right of way for the purpose of selling merchandise to be in compliance with code: without this change, a
conditional use permitee may have City approval and nevertheless be out of compliance with AMC 10.64.
More Back rg ound
In April of 2012, the Parks and Recreation Commission modified its long standing policy"no selling in the
park" and now allows up to ten vendor booths in the Band Shell parking lot in association with an approved
and permitted special event in Lithia Park.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the ordinance amendment.
SUGGESTED MOTION:
I move approval of second reading of an Ordinance titled: "Ordinance Amending Ashland Municipal
Code (AMC) 10.64.010 Obstructing Passageways."
ATTACHMENTS:
Ordinance
Page 2 of 2
11FAW,
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE (AMC)
10.64.010 OBSTRUCTING PASSAGEWAYS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through 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, permitted special events benefit the City by increasing tourism and economic
activity;
WHEREAS, the potential impact to neighboring properties of the selling of merchandise in the
public right of way has been evaluated and vetted through the conditional use permit process:
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.64.010 is hereby amended to read as follows:
10.64.010 Obstructing passageways
a. Except as otherwise permitted by ordinance or by a conditional use permit or by a
special event permit, no person shall use a street or public sidewalk for selling, storing
or displaying merchandise or equipment."
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 (i.e., Sections [No(s.)] 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,
Ordinance No. Page 1 of 2
Section 2(C) of the City Charter on the day of , 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