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HomeMy WebLinkAbout2013-0716 Council Agenda 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 July 16, 2013 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.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of July 1, 2013 2. Business Meeting of July 1, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation of August 6 as Hiroshima Day, August 9 as Nagasaki Day, and the week of August 2-9, 2013 as Japan Friendship Week VII. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Intergovernmental agreements with Emergency Communications of Southern Oregon to provide emergency dispatch services to Ashland 3. Approval of a grant with supporting contract and MOU awarded to the Police Department through Jackson County Sexual Assault Response Team by the Violence Against Women Act 4. Oregon Public Works Emergency Response Cooperative Assistance Agreement 5. Contract for legal services for Douglas M. McGeary 6. Community Development Block Grant award and 2013 action plan amendment 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 two public contracts for water treatment plant and the wastewater treatment plant chemicals 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 and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 4.24 transient occupancy tax." 2. Public Hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 6.04 business licenses." 3. Public Hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC Chapters 18.08, 18.24.030 and 18.28.030 of the Ashland Land Use Ordinance relating to the traveler's accommodations and short term home rentals in multi-family residential districts." 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 None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. A resolution by Councilor Slattery titled, "A resolution asserting the Parks Commission's responsibility to hire the Parks Director and disavowing any Council intent to take control of Parks Commission responsibilities" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Councilor Lemhouse announcement regarding AHS trip to Pacific Rim Bowl. XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session July 1, 2013 Page 1 of 2 MINUTES OF CITY COUNCIL STUDY SESSION Monday, July 1, 2013 Council Chambers, 1175 E. Main Street Mayor Stromberg called the meeting to order at 7 p.m. in the Civic Center Council Chambers. Roll Call: Councilor Voisin, Morris, Slattery, Rosenthal and Marsh were present. Councilor Lemhouse was absent. 1. Look Ahead review City Administrator Dave Kanner reviewed Look Ahead. • Debrief on budget process will be moved to September • Review of financial management policy will be moved to September • Study Session discussion on Urban Renewal and report on the Normal Avenue Plan will be moved to July 15 • Public Hearing or ordinance and resolution approving the Recology Franchise Agreement may be postponed in order to allow the Conservation Commission and public to review agreement 2. Discussion of Economic Development Strategy Phase 11 Projects Update Project Manager Adam Hanks presented himself for questions regarding the Economic Development Strategy Phase II Projects. • Data obtained will be determined on how it is prioritized and how easily and timely it is made accessible to the Chamber of Commerce who is working in partnership with the City. The City has a desire to participate in promoting economic health in our community. • The City allocation of $50,000 (estimated) is meant to assist the project in obtaining occupancy inventory; video pieces highlighting and emphasizing the Ashland business culture, climate, assets, successes and partnerships across business sectors; and assist with content development, organization and display. • Data will assist with determine future needs and development. • Staff was not able to explain how an additional $14,000 would be spent, if made available and stated that the $14,000 which has been historically been spent to assist with the community Festival of Lights. There was concern that this should remain within the boundaries of tourism and not economic development. Arguments to the contrary were made that economic development is tourism and determining logic on where to place this was discussed and examples provided. Finding the proper place to budget this expense was discussed and historical background over the years from the Electric Departments role and the Chambers role was provided. 3. Discussion regarding improving and follow through on Council Goal Setting session (request of Councilors Slattery and Marsh) Councilor Marsh shared discussion she had with Councilor Slattery regarding the follow-through process for presenting annual goals and how these are integrated into the budget process. She gave examples of certain large dollarsprograms that were presented before the Budget Committee; and felt concern that the objectives discussed by the council at goal setting justified these budget expenditures. It was suggested that the council be allowed to go into the next budget process with a process that has been clearly defined by January. City departments should know what is expected of them when building their budgets. The desire would be to have an overarching vision or values that would sustain these goals over time and allow the city to move forward. The process would also include a realistic timeline that would allow goals to be achieved. The council is being asked if they would be open to discussing a change in the process that would allow these values and offer a process that drives the goal setting. Concern was voiced that the current process City Council Study Session July 1, 2013 Page 2 of 2 seems to happen too quickly and that council should take the time for a goal setting process. Suggestion was made that commissions and department heads should be included in the process. It was noted that there is a difference between Community Visioning and Council Goal Setting and that if a process is determined there should be clear process that outlines the goal setting. The importance of goal setting and the process that is set to accomplish this goal setting was made. Examples of past processes were shared. The Mayor, Councilor Slattery and Marsh agreed to bring a process back for the council to consider. 4. Discussion of Plaza enhancements City Administrator Dave Kanner presented staff report and it was noted that there are now beautiful flower baskets in the plaza. The individuals who donated the baskets and staff were acknowledged and appreciated. Background and implications were noted on the following: • Tables and Chairs - if are movable there is a question on who would move the furniture and where it would be stored; options varied from paying a private company, contracting with a security firm, securing volunteers or just leave the furniture there to its own demise. Effect on function of plaza if this furniture were to be placed may inhibit adequate pedestrian access. Determining the number of items to place on the plaza would need to be established. Police Chief Terry Holderness provided work hour information for the downtown patrol officers and explained that it would be problematic to provide this service due to varying schedules. It was suggested that Park Patrol be approached to provide this service. Observation was made that there does not seem to be any current department that oversees the plaza area and that Park Patrol may be a reasonable suggestion. Reality of having tables and chairs was voiced due to theft, vandalism and additional workload for staff. Suggestion was made for the City to purchase a few tables and chairs and use it as an experiment to see what happens. • Flower Pots - Staff strongly recommends that flowerpots be "non-movable." Flowerpots need to be irrigated and the cost to extend irrigation would be expensive. The other concern is that any additional flowerpots may obstruct the perimeter of the plaza. It was explained that there is a small percentage of the occupancy tax for downtown improvements that could be used for the plaza. It was explained that other communities have groups that provide support to city areas through private funding. It was suggested that adding flowerpots would establish the "space" and offer a beginning and an end to the plaza, offer safety from accessing the street directly and provide a significant change. • Painting the Information Booth - Staff suggested and council agreed that Sue Springer, as the artist of the ceramic frieze; Margaret Garrington, an artist wlo has expertise in identifying appropriate paint colors and Sandra Slattery who manages the information booth be the individuals who select the paint colors for the booth. Meeting was adjourned at 8:26 p.m. Respectfully submitted, Barbara Christensen, City Recorder Regular City Council Meeting July 1, 2013 Page 1 of 2 MINUTES OF CITY COUNCIL REGULAR MEETING Monday, July 1, 2013 Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 8:27 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Slattery, Rosenthal and Marsh were present. Councilor Lemhouse was absent. APPROVAL OF MINUTES The minutes of the Study session of June 17, 2013, Business Meeting of June 18, 2013, Special Meeting of June 25, 2013 and Executive Session of June 25, 2013 were approved as presented. CONSENT AGENDA 1. Approval of minutes of Boards, Commissions and Committees Councilor Slattery/Morris m/s to approve Consent Agenda item. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Samantha Nixon/294 Beach Street/Spoke regarding her desire to ban plastic bags. She shared examples of how these plastic bags are being harmful to the environment and requested that the council consider an ordinance that would ban plastic bags. NEW BUSINESS 1. Approval of plan for Plaza enhancements Councilor Marsh/Slattery m/s as an experiment council direct staff to purchase six sets of tables with two chairs to be placed on the plaza. DISCUSSION: Councilor Marsh stated that the plaza is the main focal point for downtown and providing this additional seating potential would only enhance the area. Councilor Slattery voiced his concern with the cost associated although he liked the idea. He shared examples of how other areas in the downtown area do provide this additional seating and pointed out that what is missing is the "desire" to provide this, which includes set-up and take-down. Councilor Morris would support trying this as an experiment and shared examples of other cities that have made this work. Councilor Voisin does not believe that the support and resources are available for this to happen. Councilor Rosenthal stated that if the plaza was a primary place for people to sit he might feel differently but understands that the new plaza is an improvement and will not meet all the desires of the public. Mayor Stromberg stated that the basic idea is a good idea but understands the logistics of making this work. He suggested that the motion be withdrawn until there is a full council in attendance. Councilor Slattery clarified that he could not support this unless there was a process set for taking care of the ''furniture. Councilor Marsh with Councilor Slattery agreement withdrew the motion. Councilor Marsh motioned that staff provide a budget for providing flowerpots in the plaza. Motion died due to lack of second. City Administrator requested further information and direction from staff in order to provide a budget. Regular City Council Meeting July 1, 2013 Page 2 of 2 Councilor Slattery/Rosenthal m/s that staff not proceed with flowerpots on that plaza at this time. DISCUSSION: Councilor Slattery felt that this was not the time to make further changes and that we should proceed carefully on how the plaza is handled. Councilor Rosenthal noted that the City had accepted a generous donation and that now is not the time to increase the subsidy for the plaza. Council Voisin agreed that now is not the time to spend additional money on the plaza. Councilor Morris agreed that it was not timely at this time. Councilor Marsh felt that the City could do more to improve the plaza. Roll Call Vote: Councilor Voisin, Slattery and Rosenthal, YES; Councilor Morris and Marsh, NO. Motion approved 3-2. ADJOURNMENT Meeting was adjourned at 8:52 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor W r1~ ~AW r!i J, W `1~ • ~~,i(W ~{';:/f1 ~1,Y ~~~PJIy ~ JiW `~i J/ r J~`4~~ @'•/f CVII, J ° •TVNJ`'/W~R _ _ P MR~~Y\ A PROCLAMATION • In August, 1945, atomic bombs instantly reduced the cities of Hiroshima and Nagasaki to rubble, taking hundreds of thousands of precious lives. • In June, 1982, the Mayors of Hiroshima and Nagasaki called on Mayors from around the world to join them in working together to press for nuclear abolition. • The program created by the Mayors of Hiroshima and Nagasaki is called Mayors for Peace and is currently composed of 5,664 cities in 157 countries and regions around the world dedicated to the abolition of nuclear weapons. Ei • The City of Ashland declared itself a Nuclear Free Zone by resolution in 1981. • The City of Ashland joined the Mayors for Peace in 1998. 00 • There are currently 7 Cities in Oregon who have also joined Mayors for Peace. • The current goal of the Mayors for Peace is for a total abolition of all nuclear C weapons by the year 2020. • This year on August 6 through August 9, 2013 Ashland will join cities around 1 the world to learn from the survivors of the Hiroshima and Nagasaki bombings. It is the Rogue Valley's honor that a delegation from Japan has come to attend our vigil with Southern Oregon resident Hideko Tamura Snider, a survivor of the Hiroshima bombings. 1 NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim August 6, 2013 as: "Hiroshima Day" and hereby proclaim August 9, 2013 as: Oe "Nagasaki Day" and to honor our guests we proclaim the week of August 2 - 9, 2013 as: Kq "Japan Friendship Week" in the City of Ashland and invite all citizens to participate in the Hiroshima- Nagasaki vigil activities. Dated this 16th day of July, 2013 John.Stromberg, Mayor OeA Barbara Christensen, City Recorder TYN ~ J~•L;u9 r ° P ° P , P DIY VI C I T Y OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES May 14, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m, in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan Derek Severson, Associate Planner Debbie Miller Dawn Lamb Melanie Mindlin Tracy Peddicord Absent Members: Council Liaison: None Mike Morris ANNOUNCEMENTS None. CONSENT AGENDA A. Approval of Minutes. 1. April 9, 2013 Regular Meeting. 3. April 23, 2013 Study Session. Commissioners Miller/Kaplan mis to approve the Consent Agenda with changes. Voice Vote: Commissioners Brown, Dawkins, Kaplan, Mindlin, Peddicord, and Miller.all AYES. Motion passed 5-0. PUBLIC FORUM None. DISCUSSION ITEMS A. Unified Land Use Code Ordinance Discussion of Procedure and Green Development Evaluations Staff Report Recap of April 2311 meeting was given Positive feedback from the evaluations: the procedural side of the code is meeting and exceeding state requirements in terms of liming and noticing area; and on the green development side when comparing the existing code to the LEED Neighborhood standards, the current code addresses most standards already. This has been a really positive outcome. Al the last meeting the Commission asked for continued discussion on the topic. Three issues in particular have been brought back for further information. One was to discuss the procedure type for economic development applications from Type 1 administrative review to Type 2 public hearing review. Two; under the Green Development piece more discussion was requested for solar orientation standards. And three was the addition of cottage housing standards to the ordinance. Site Review Procedure: Commission reviewed map showing the Site Review Zones showing the four design zones: Downtown, Detail, Basic, and Croman Mill. These are the four different areas used for site review and they are based on location. Ashland Planning Commission May 14, 2013 Page 1 of 5 Downtown Design Standard: Before the 2008 amendments the downtown site reviews requiring public hearing were for large- scale development described as 10,000 sq ft or greater, or more than 100 feet in width of depth and in the detailed site review zone. Those thresholds were lowered to 2,500 sq ft or larger. Buildings at 150 Lithia Way and 11 First Street would not have required a hearing, but now does require a hearing. Basic Site Review Zone: Before 2008 there was no size threshold and there was no design zone so there was no requirement to have a public hearing. Now if it is larger than 10,000 sq. ft. it requires a public hearing. The building at 210 Hersey Street, the Darex building, was about 45,000 sq. ft. and under current ordinance it would require a hearing, but not before 2008 because of the zone. Buildings at 705-709 Washington Street are areas that are separated from downtown and nestled in residential zoned as light industrial. Modern Fan buildings are about 18,000 sq ft buildings with warehouse with some office. First phase was approved in 2005 and was done through administrative approval but second application was after 2008 and required annexation which triggered a public hearing. Oak Street Tank and Steel at 789 Jefferson Street, a 20,000 sq. ft. building would not have required a hearing but now it does. Detailed Site Review: No major changes have been made to the zone. 10,000 sq. ft. requires a public hearing. Green Development: Solar Orientation Standards: Staff amended ordinance to include language from Melanie Mindlin: • Layout streets for solar orientation so that longer sides of the buildings are facing south. • Building designs that preserve south sidewall for passive solar access. • Locating primary living space for south side. • Preserving area of south facing roof for solar collection. Staff recommends that these are most applicable to single-family developments. Council goal that generated the Green Development Standards evaluations talked about incentives included in the ordinance as recommendations rather than requirements. Preferred Mindlin's language from the LEED-ND, it is more straightforward. The issue with LEED ND is that it is not geared toward small towns like Ashland, rather assumes developing a lot of area. Ashland typically is developing a parcel of land already situated in an area that is not that large and it has streets on either side that you need to connect to. Infill developments such as Ashland Village had to connect to existing Munson Drive on one side and Mountain on another. The lots that were already developed needed to be worked around limiting options to making the streets go in a certain direction. Cottage Housing: Key considerations in terms of talking about adding it to the ordinance. The definition of cottage housing is a group of small, detached homes that are clustered around a common space. Laid out 4 key considerations: • Where to allow cottage housing: Other cities utilize multi and single-family zones. Staff suggests single-family zones because multi-family zones already support the housing density and design standards and single family has much more surplus land in the city limits. Single-family zones are where the opportunity lies for Ashland. • Number of Units: Generally an ordinance has a 2:1 ratio. So if you are allowed one single-family house, you can do 2 cottages instead of that house. The assumption is that smaller units make less impact. This correlates to 7 to 14 units per acre. Ashland's single-family zones range from 2.4 to 7.2 units per acre, but offer a density bonus to increase density up to 60%. • Size of Units: Generally other codes support 750 to 1000 sq ft with height regulation of 1.5. • Design standards: In all the codes and examples there is a trade off for increased density that the houses are required to meet a higher quality design with specific design features. That is the trade off for the cottage housing approach. A list of those standards is included in the memo included in the packet. For reference a map showing single-family zones is in the packet to show cottage housing opportunities for a better perspective. Next steps: After commission finishes discussion of evaluations, an action plan will be introduced with amendments and what parts of the code they would affect. This will fold into the final draft for review. Staff is gearing up for the public meetings for the first or second week in June. Ashland Planning Commission May 14, 2013 Page 2 of 5 Commission Discussion: Site Review Procedure- Kaplan asked what the driver was for the Type 2 hearing changes in 2008. Molnar recalled that it was a period of extensive code revisions mostly driven by a new Community Development Director David Stalheim. Molnar vaguely remembered a discussion once regarding the changes to the downtown design standards being reduced to 2500 sq feet. The lots in this zone are small enough to never trigger the threshold of 10,000 sq. ft. but they tend to be high profile projects in the downtown corridor. These buildings are subjected to the Historic Commission review which generally would bump it to a public hearing anyway and maybe the applicant would even request a public hearing to save time. That may have been the basis for tightening the threshold in the downtown zone. The one that is a real question is the basic site review because that almost seems to be a tighter threshold then the detailed site review zone. The detailed site review zone exists along visible corridors. The basic tends to be back away from public visibility in light industrial zones. These buildings tend to be warehouse type of relatively basic design and use. Do these types of applications need to be public hearings or can they be administratively reviewed. Miller questioned the outcome of the 2008 changes; is there better overview of applications or is it less effective. Has the design improved overall because it is going to be subjected to a panel? The design standards have not changed. Harris reflected that since they are the basis of the decision making process, I don't think I could make a judgment. The changes passed right before the recession creating another difficulty in qualifying success. The two downtown buildings would have required a hearing regardless of the change. We don't have a thumbnail reference. The downtown is a cherished part of the community and it is obviously a Historic District too. If you look at the Council's goal which focused on economic development projects, it is really focused on family wage jobs and trying to support those in green businesses in Ashland in a variety of ways. But if the idea is to make the process timely and predictable it is more correlated with the type of buildings in the basic site review zone. Miller questioned if there is a reason to change. Harris suggested remembering that the recommendations are written by a consultant who looks at the City from a distance and taking an objective view of the ordinance while comparing it to other jurisdictional ordinances. There is an expectation that the Community will tailor to Ashland's needs. Mindlin recollects that the 2008 reviews moved a lot of other items out of public hearing and into administrative approval. Other changes were completed to streamline. The Hearings Board was done away with at that time. Molnar stated that the option to have a Hearings Board still exists. There was a time saving to have them combined with the Planning Commission. Molnar seems to feel that more items have been put to public hearing since 2008. Harris gave the example of a conditional use permit being unchanged. If it is an existing building and it is involving 3 units or less it is a Type 1, anything else is a Type 2. That did not change at all. Variance thresholds also stayed the same. Harris feels that nothing was really relaxed by the process changes. Molnar reiterated that this is hard to test because the bottom fell out right after the adoptions. There have only been four approvals and two were large and required public hearings. Miller suggested postponing another three years to see the outcome. Miller did agree that the downtown needs scrutiny. Mindlin is not hearing a move to change it including staff. Seems that it is acceptable the way it is. Molnar suggests a slight change in the Basic Site Zone for threshold from 10,000 sq, ft or a 20% addition requires a public hearing in a Basis Site Review Zone. That might deserve attention. Kaplan commented that it seems that the downtown needs public involvement and a chance to comment while the Basic Site Review areas are out of the way enough that unless there is a unique feature, they could be handled by a Type 1 review. Brown agrees that general seems to be too stringent for the light industrial areas. You could be looking at a 50% change to the size or shape of the building or land coverage/ usage. A 20% threshold seems incredibly low. Because of the type of usage it should not be same as downtown. Hold for light industial frontage would show on street so that second 20% is too light it needs to be much larger for these building types. Other than that it is good the way it is. Dawkins reflected that Modern Fan possessed a unique parking situation and if not for that it would have been a Type 1. The requirement was for a lot more parking but by bringing it in front of the commission we were able to reduce the impervious surface. There are times when things come up and another 14 eyes look at it differently. Miller observed that different areas of the Basic Site Review zone are more publicly visible then others. Hersey and Clear Creek are close to town and perhaps there would not be enormous buildings but it is an area close to residential and that might justify a lower percentage. Peddicord asked how much time in regards to an industrial building is added when it comes before the commission. Harris responded with three and a half months at the outside. Molnar approvals are tracked and Type 1 average 43 days this year, Type 2 take 80 days and 120 days on the outside. Sometimes it is the perception of an applicant on how long it lakes. Dawkins raises a good point, that there are things that changed like the code amendments to pedestrian places and review of off street parking creating more flexibility that was applicable to the Modern Fan application. Those types of changes have helped us find other codes that do not correspond. Brown supported that observation and that there is always an option Ashland Planning Commission May 14, 2013 Page 3 of 5 for the applicant to come before the Commission for a public hearing to resolve issues. It adds time for coordination of the meetings and it becomes more than it needs to be for what we are trying to accomplish. I think the new codes staff should be allowed to review light industrial to have a different standard than the downtown central corridor. Mindlin voiced that there are considerations on both sides if this. It is up to owners to bring it to public hearing, but the Council charged us with looking at ways to specifically improve the speed and predictability of the economic development applications. I think we should give them something. I think we could give a reasonably positive move to increase the level of our standard somewhat. Harris asked for clarity: we are not changing the initial new building square footage, we are talking about additions being raised from 20% to 50%. Mindlin also added the size of new buildings in the basic size review zone from 10,000 to 15,000. Harris will bring this back as a draft ordinance for another review prior to going to Council for public hearing and adoption. Solar Orientation - Mindlin feels including these standards as recommendations is a good way to introduce them. Including the information in an application packet for developers is enough at this time. Brown agreed with Mindlin, the standard requiring the long side of building to be face south should never be a requirement. Not many existing lots could accommodate this and we should support best practice of land usage. If it is a smaller lot it could be facing the wrong way. Use light language including wording like "when appropriate or where feasible, or when not appropriate". Mindlin doesn't' recall that wording from the Croman language. Harris reviewed and the words "when permitted" were left out. As long as it is qualified it is supported. Molnar clarified that the Commission wants these presented guidelines when written. Orient street layout needs to be added to language. Give developer other options to help design. Harris said it would be refined to say, "where conditions exist orient the long side of the building to the south" and during the application the developer would address why it wouldn't' work in their situation. Molnar iterated that Oregon law wants relatively clear and objective standards that are delineated between a guideline and mandatory standards but you can have a relatively objective standard with some nuances. Cottage housing - Brown supports the idea. Problems he foresees are the Type 1 single-family residential districts it is more a conceptual design than a functional problem and that is the ideas of neighbors and what expectations are in a neighborhood. I have also seen it successfully done. He feels the community is well open to it and that the city can support it. Dawkins it would seem as though you would need a certain amount of land to create cottage housing. There is a number that makes it work. Not sure in our Buildable Land Inventory how much land really exists to make it applicable. Look at large swaths of area like between Siskiyou and Ashland but those are single lots. Dawkins doesn't see it as neighbor issue but you need a certain amount of land to make it work. Miller would like it to be encouraged if done as single family it would be near a collector street. On a quiet street the addition of large density would not be welcome to someone who wanted to live on an R1 lot for the expected privacy. It would affect their property values and their planned way of life. During the site visit, I did not see a lot of public space in the examples. All of these common space notions were not observed on the ground. That would be my concern, usable space. Harris thought in terms of the site visits being compared to cottage housing, none of the site visits were cottage housing, they were R-2 and R-3 zones; townhomes, apartments, single family, or multifamily. None were actual cottage housing. Miller saw it as a pocket neighborhood. Mindlin explained that pedestrian accessed housing was looked at, which is another aspect worth pursuing, but not the same. If we put cottage housing in the R1 zone they would have larger setbacks and more pervious surface. Mindlin really supports the limitation on lot coverage. Molnar explained further that if you generally have 6 units an acre it increases the density to 12 cottages. It still is the same lot coverage for the zone. Kaplan asked if examples exist in Ashland; one example off of Fordyce exists. The median single-family house size footprints over the last 5 years ranged from 1656 sq. ft. and 3 of the years it was above 1900. One way to think of it is that you would have coverage, but two smaller cottages that make up the footprint. In theory they are the same scale, bulk and impact. Peddicord felt if we are talking about same lot coverage with same amount of residents. A development next door wouldn't impede the solar access or view so there might be a benefit to having a building that is of less bulk. Brown qualified that if a house has 2000 sq. ft. and next door is a cottage with 2 units of 2000 sq. ft., you have more people and density of the area goes higher. If someone develops the the smallest lot available in a neighborhood and adds on residence there is little impact to the neighborhood. The minute you put two in the place of one, you double the amount people and cars. Brown is willing to move in the direction of cottage housing and review all the standards to see what would work. Higher density is a good concept. We need to consider lot coverage percentages, setback requirements, spaces between units, parking Ashland Planning Commission May 14, 2013 Page 4 of 5 accommodations, all of these details that need to be a little more examined. Brown does not agree to making this an R1 addition, but open to discussing. Need to see photos and examples from other cities that are successful. Harris one thing is a spacing standard in an ordinance so that a model is established in single family and introducing a cap on the number of units. We need to fit that different model that gives reasonable units on the R1. Molnar suggested looking at minimum and maximum units to protect exiting neighborhood. Morris asked if this is applicable in R-10 or would this be too small to get setbacks, parking and lot coverage. Molnar look at properties at'%or 1 acre in an R1.5 the base density is 5 units, but that could be 12 units. There would need to be cluster parking or centralize parking. Look at areas where possible like N. Mountain north of E. Main, south of Ashland Street on Tolman, and lots that are deep enough. There are not a lot of neighborhoods that would support this type of development especially hillside developing and it could just fall out of some zones. Mindlin stated that there is not lot of places to do this and we could get creative with our infill to meet goal for affordable housing goals. Regional plans are trying to add to the toolbox of potential developments. In some places it would be available if the developer bought more than one lot. Make our standards supportive of developing lots that will achieve the same R1 district. Miller it is not for one vacant lot, the need will be for 1 or 2 acres to make it work. Mindlin felt the most important standard would be limiting the lot coverage. Superficially making it the same as the underlying zone makes sense. The idea is that we are covering the same amount with house with less parking and driveway might be able to substitute it with more green space. Include that homes are not required to face the street. This is a sticking point around designing these. On page 4 of the handout a few bullet points up, orientation to the street needs clarification that not all are required to be street facing. Make the house sizes even more flexible; maybe 1200 sq ft. Designing for small housing is challenging. Experts seem to think that 20 homes make a nice co-housing community in terms of social interactions. Consider pushing the limit upward, 20 maybe 16. Will we allow duplexes? Harris said that the majority of references came from code aspect. Looking at communities where it has been vetted through their public process and most are from Washington and seem to be detached. Houses are more similar to other single-family homes if detached. One code limited the size of footprint and allowed two stories. R1 generally allows duplexes and there is no reason not to. Mindlin supports the idea of maximum flexibility. To preserve natural area footprints can be varied and it just needs to be single-family unit which could accept duplexes. It is what will fit in the area. People consider cottages cute while duplexes are not so much. Kaplan could still be done with duplexes. Brown prefers the flexibility also. Molnar questioned how a duplex would affect the overall size and this could create incompatibility. There needs to be a formula to keep it from doubling the house size. Staff is going to put together a draft number for duplexes. Miller reviewed the setbacks that were looked at during the site visit. Setbacks for R1 are 10' in the back 6' on the sides and I would like to keep those setbacks. There is not enough space to do anything in a 5 feet separation. Mindlin if both have 5 it becomes a 10 foot space. Six feet is allowed in other zones. Storm water-Mindlin recalls hearing interest in storm water reuse, like rain gardens at the last meeting. Harris felt it was more educational and not part of the ordinance or code requirements. Incentive Program - Mindlin spent a lot of time looking at recommendations around incentives program is that being dropped. Harris understood that the commission felt that it was a big undertaking and conservation staff felt it could overlap the Earth Advantage that is already used. The issue is duplication of Earth Advantage and who would run and administer the program. We fared well in the review of our Green code evaluation so it is better to fine tune and if the community was interested in expanding the Earth Advantage. If it is an interest we could look at it after the unified code changes because it is big enough and it is a resource issue. Mindlin wonders about neighborhood development because LEED and Earth Advantage are geared toward large or commercial developments and the standards are directed at large employers or large developments, but we don't have these types of large developments happening. These are not geared toward smaller towns and we have done a great job with walkable neighborhoods and efficient land use patterns, and transportation choices. D. Other Business ADJOURNMENT Meeting adjourned at 8:19 PM. Ashland Planning Commission May 14, 2013 Page 5 of 5 CITY OF ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES May 28, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Tracy Peddicord Bill Molnar, Community Development Director Troy J. Brown, Jr. Brandon Goldman, Senior Planner Michael Dawkins Derek Severson, Associate Planner Richard Kaplan Dawn Lamb Debbie Miller Melanie Mindlin Absent Members: None Council Liaison: Mike Morris ANNOUNCEMENTS The Normal Avenue Neighborhood Plan presentation is scheduled for the June 250 Council Meeting. Molnar will present updates to the Council on the Unified Land Use plan in late July. PUBLIC FORUM Dale Swire, 233 Clay Street, is a 24-year resident of the valley. He bought a bed and breakfast in 1989 and operated it for eight years, then moved to Medford for 12 years. He recently returned to Ashland. Swire discussed a recent AARP Study pertaining to senior citizens perspective of the Rogue Valley. Affordability and employment and relating interrelationships showed a need for improvement. Ashland shows a high number of financially stable retirees and empty nesters. But this does not help support the diversity of attracting young families. There are very few living wage jobs for families. Ashland possesses a much higher land values then the rest of the valley. It is a desirable hot spot for retirees. SOU and Shakespeare attract financially established retirees, but not many families. Empty nesters, semi-retired residents with nest eggs, and entrepreneurs are not going to change that market because they like what exists. The developers will not be able to change that attraction. There is some diversification with the student population. Middle-income seniors are attracted to single-family homes with shared community space. Most retirees cannot afford the Mountain Meadow assisted living-type residences. Most want to stay in their homes forever and he would like to see more options for these seniors. ADA accommodations built into larger facilities will out price the seniors. This is a future topic that will be addressed by the Planning Commission. DISCUSSION ITEMS A. Zoning and Comprehensive Plan Maps Mindlin asked the commissioners to voice expectations of this meeting to help guide staff in the open discussion. Brown wants to see the available land, the locations, and really look at opportunities for infill, and review zoning. Miller appreciates the review of the maps and the education on the process. This will present an idea of how the projections compare to what is presently on the books. One set of projections show the city accommodating 2,500 more people then are projected to come depending on the type of zoning. Peddicord feels very useful for new commission. She questioned the pedestrian place overview and would appreciate more explanation. Kaplan feels maps are helpful to see differentiated areas and what are we looking at in terms of residential and industrial units and-buildable opportunities. He is anxious to see geographic information lure. Dawkins pleased with the informational value of the maps. Mindlin scrutinized the maps and recalls wanting to study and discuss the density challenges and the pedestrian zones. Interesting to seeing how the quarter-mile and half-mile pedestrian zones will develop. Goldman included several maps in the packet with the intention of showing the commission how the ArcGIS system compiles and processes the information supplied to determine buildable land. The packet included the following maps: Comprehensive Plan Map Zoning Map Buildable Lands Inventory Ashland Planning Commission May 28, 2013 Page 1 of 3 Historic District Pedestrian Place Overlay Areas Ashland Population Density Map Goldman projected the live GIS system for the commission to view as he compiled different layers to the maps. The demonstration will help the commission visualize and understand how the program accesses different layers of information to determine a comprehensible calculation. The maps were based on aerial photos and then various layers are attached to the maps; buildable lands inventory, zoning, comprehensive plan, pedestrian places, and physical constraints. The Buildable Lands Inventory is updated by the issuance of building permits by the GIS department to ensure the maps are current. The physical constraints overlay mitigates seemingly potential lots. The physical constraints include hillside slope, flood area, riparian areas, and other physically restricting characteristics of lots. It may look as though a given property as having vacant area, but considerable amounts may not be buildable. Infill properties are listed as partially vacant and have remaining lot area that is undeveloped. The program helps to identify additional unit potential for an already developed lot with seemingly extra space. It is a long-term projection because of the existing development and the replacement is an unknown time factor. The potential for developing a second house or additional commercial buildings may not be exercised but additional units could be created if standards could be met. The program recognizes the constraints of the lot area and determines number of potential units. Inf ll properties are listed as partially vacant due to the number of units on the property and given that they have a lot size that would support an accessory unit. Mindlin knows of an analysis that shows 109 multifamily parcels comprising of about 40 acres, which if divided evenly would be pretty small multifamily properties. The BLI layers look at the lot size, the constraints of development assuming developable land, and how many units would be allowed to determine build ability; Adjusted Dwelling Units (ADJDUS). The program automatically calculates and references the number of potential units. Kaplan questioned how owners would be aware that they have the potential to build. Brown commented that when he moved here and met with the realtor, they were forthcoming which lots were further developable. Staff could compare the 2002 maps to the 2011 to identify the number of second units created. Kaplan asked if the City encourages this communication to developers. Molnar commented that most are aware of the fact and applications are constant. Dawkins reflected back to the creation of the Calypso Drive development and how that was a great example of where we can be creative and that kind of creativity cannot be shown on the maps. Goldman agreed that this is the underlying base zone and if we have the ability to change the underlying zone to change the density. The BLI is based on the underlying zoning. Brown looks at the broadest zone capacity for determination. Mindlin this is a great way to identify potential cottage housing on the smaller lots. Each lot could be handled in a creative way. Molnar feels having a cluster-housing overlay would be a great tool. Current street standards limit the number of units on a particular lot size. Infrastructure and street standards also limit the usable land for actual buildings. Dawkins it is our understanding and purview to be creative to develop within the existing UGB. Dawkins brought up older areas of town like Ashland Street, Clay Street, Park Street, and Siskiyou Blvd which are screaming for redevelopment. The area has no east west accessibility whatsoever. The houses accommodated employees of the 12 mills that no longer exist. Miller questioned how older areas with poor functionality are redeveloped; is there a process for updating multifamily zones to create access or other updated improvements? Dawkins felt identifying homes that could be removed would accommodate a new street access. Peddicord questioned, in terms of already developed lots, what is our purview of up zoning for lots that are developed. Molnar commented that up zoning is very controversial but there are times when the opportunity is there and the neighbors are in favor. Existing ordinances provide developed properties opportunities for second units to encourage infill which began in 1990 and has been progressive. The addition of accessory units is far less controversial than asking an entire neighborhood to raise the density and change the zoning. Intact neighborhoods are typically not in favor of redevelopment. We look for creative ways for additional units in line with the character of the neighborhood. Rezoning looks more into areas that are under or less developed. Peddicord asked for clarification on what mechanism would be used to improve street circulation. Molnar would look at the geographic area and focus on opportunities such as outbuildings or lots that have sections that could accommodate right-of-way. This is the benefit of creating neighborhood plans such as Mountain Meadows, Croman, and Normal. When you look at three largest areas of vacant or partially vacant area, the commercial areas provide services and population density. The vacancies are spread between commercial areas. The zoning is in place for fairly significant residential density but how do you encourage development. The commission needs to look at character to see if infrastructure could accommodate something better. Ashland Planning Commission May 28, 2013 Page 2 of 3 Goldman Pedestrian Placement Overlay - Three areas that have been approved and are identified as areas that are within a Y. mile of closest neighborhood center. The overlay considers transit, density, and neighborhood centers. It was developed as part of the Transportation System Plan. Downtown operates as an existing pedestrian place. The commission could identify other areas suitable for a commercial center. In conjunction with the BLI the pedestrian placement identifies development and redevelopment potential where increased density would be in concert with the area. BLI was not going with the assumption that 100% of residential would be met on commercial lots so it uses an assumption that 50% of residential being met. The opportunity to increase density is feasible by maximizing the development as mixed-use. Kaplan asked how are trailer parks represented? Goldman said they are shown on the map as redevelopment opportunities zoned as commercial. Trailer parks would be a no net increase if redeveloped because maximum density already existing. Miller wanted to know an instance of redevelopment. State has a mathematical computation for redevelopment based on market needs. If the combined value of the improvements plus land is worth less than 35% of the combined value of improvement plus land then redevelopment is an option. Basically is means the development on the property is not maximizing the value of the property. Based on that standard a lot of area in the Railroad District is defined as redevelopable. Some communities use redevelopable in the BLI to determine land availability there is, but we stayed away from that in our BLI because it is not reasonable because the land has a high value even if the building does not. It is not viable if the revenue generated from the trailer park rentals make it viable. Market value is more of a pressure than societal pressure. Some family properties are paid off and they don't see a reason to change. Oregon has been more progressive in mobile home park evacuations and they require a year's notice along with relocation fees and other costs to the existing tenants. Goldman showed the impervious area layer which is dedicated to parking or travel lanes. It is a determining factor for development. The cost of a parking structure compared to its revenue does not always equal out. The community is not robust enough to support a more extensive transit system either. So creating more pervious surfaces is not always more affordable. Goldman pulled up the transit routes on the map. There are two routes; Route 10 andl5 Route. Route 10 duplicates parts of Route 15. The proximity of the routes and bus stops to developable land is another contributing factor to density. It will help to shows where bus stops and routes could be beneficial. Mindlin asked to see the '/.-acre pedestrian circle represented on the Normal Avenue Neighborhood. Molnar some communities use quarter acre radii and others use half acre radii. Goldman planned to show both radii at the Council meeting in June to show distance from developed neighborhoods and commercial centers. More advanced computer models are beginning to show pedestrian distances as affected by the same criteria as vehicles. They are really looking into factors that come into play to see if people chose walking as their mode of transit. Commission needs to consider pedestrian amenities are included to accommodate people. Goldman could show consumption rates of land development based on building permits to help with projections in terms of supply. Mindlin wanted clarification is development based on'/. of a percent per year growth? Molnar said that previous year's land consumption based on building permit issuance. Updates were completed on the BLI: 1990-1999, and then 1990-2002, and then 1990-2005. Population growth is based on the Comprehensive Plan which anticipates growth at 187 people per year. This is a .75% growth rate and Jackson County model .73% between 2010 and 2060. At the next BLI it would be prudent to look at the County's adopted population estimate compared to ours now that we are part of the Regional Problem Solving. Mindlin pointed out that the material from the economic opportunity analysis is not based on the same population growth. It is more in line with job creation. It is not correlated. Molnar explained residential developers were hoping that there was a surplus of commercial employment land that could be rezoned for residential developments. The market was stronger and we could show commercial development land for economic growth. Ashland projects out only 20 years since we are not expanding our UGB. Some communities look at 30, 40 or 50 years out. After you run out of commercial land there is not locations around the perimeter to expand your employment zones. C. Other Business: None ADJOURNMENT Meeting adjourned at 8:10 PM. Ashland Planning Commission May 28, 2013 Page 3 of 3 ASHLAND TRANSPORTATION COMMISSION MINUTES MAY 23, 2013 CALL TO ORDER: Chair David Young called the meeting to order at 6:00 p.m. in the Civic Center Council Chambers, 1175 E. Main Street. Commissioners Present: Craig Anderson, Shawn Kampmann, Corinne Vieville and David Young Absent Members: Pam Hammond Ex Officio Present: Steve MacLennan Staff Present: Mike Faught, Scott Fleury and Jodi Vizzini ANNOUNCEMENTS No announcements were presented. CONSENT AGENDA A. Approval of Minutes 1. April 25, 2013 The minutes of April 25, 2013 were approved as presented. PUBLIC FORUM No one came forward to speak. ACTION ITEMS A. Plaza Parking Staff Report Commissioners were given additional handouts at the meeting which included an aerial photo of the Plaza (prior to redesign); a second Plaza striping plan drawing; and a memo from former Transportation Commissioner, Mike Gardiner. Scott Fleury gave a brief overview of the Plaza parking, both prior and post Plaza redesign. He reminded the Commission the previous Plaza configuration included a yellow painted curb that was used as a temporary loading zone for truck deliveries. He noted vehicles are currently parking along the curb adjacent to the Plaza as it is no longer painted yellow. Mr. Fleury pointed out the Plaza redesign committee was in favor of painting the loading zone on the pavement as illustrated in the Ashland Plaza Striping Plan #1 (provided in the Transportation Commission packet). He stated several business owners were in favor of adding extra parking spaces along the Plaza as illustrated in the Ashland Plaza Striping Plan #2 (handout provided at the meeting). He encouraged Commissioners to discuss options keeping in mind the future Downtown Multi-Modal Parking and Circulation Study. Commission Discussion A question was asked regarding the lawfulness of the prior yellow painted curb configuration along the Plaza island indicating a no parking zone, yet being used as a temporary loading zone. Officer MacLennan replied that Diamond Parking and Ashland Police allow the temporary truck parking. It was noted the way the Plaza parking functioned in the past (i.e. truck deliveries in the morning, temporary parking throughout the day for rafters, mountain bike clients, Plaza events, Ashland Police enforcement in the evenings) seemed to work well. Staff informed the Commission that streets surrounding the Plaza will be chip sealed and restriped in the fall, creating two additional parking spaces. Transportation Commission May 23, 2013 Page I of4 Commissioners discussed posting signage which led to a discussion on the amount of signs throughout the city adding to the existing sign clutter. Comments • A comment was made that the Plaza is also a public space used as a community gathering for music, artistic events, etc. causing this area to be a critical loading zone (not just used for business deliveries). • It was implied that both visitors and residents recognize yellow painted curbs as a no parking zone and Commissioners felt it would make sense to keep it standardized. • It was noted that allowing parking along the curb detracts from the Plaza improvements by closing off the open space. • It was expressed that the decision seemed to be a trade-off between convenient parking and safety. Concerns Areas of concern surrounding the current configuration (without yellow painted curb) and use of the Plaza included: • traffic backing up while drivers parallel park, • vehicles double parked while waiting for another vehicle to leave, • poor visibility of pedestrians crossing due to cars parked loo closely to the crosswalks, • potential for drivers/passengers leaving their vehicles and crossing in an unpredictable manner (e.g. passenger side exit into traffic; not using the crosswalks), and • lack of emergency access for Police and Fire if vehicles are allowed to park along the curb. Suggestions A suggestion was made to enforce a no parking zone on N. Main St. prior to turning into the Plaza. Staff noted that 52 foot trucks rarely park in the Plaza because of the turn radius making this zone preferable for longer trucks. Officer MacLennan concluded from a safety standpoint that he would recommend making this area a no parking zone. He felt the next best thing would be to post signs. He added that temporary loading zone curb colors (white or green) do not prevent cars from parking in those areas. Commissioners ViEville /Anderson m/s to recommend painting the curb yellow around the entire Plaza, with no signage, and with the understanding that enforcement occur as it has historically. Voice vote: all AYES. Motion passed. Mr. Fleury summarized the Commission concerns were safety related, specifically police and fire emergency access; the potential for double parking; passengers opening doors into traffic; vehicle backing conflicts; pedestrians walking in between cars; and drivers attempting to parallel park creating a narrow passing lane. In addition to safety, the Commission recommendations were also based on circulation concerns. A discussion took place on the alignment of curb cuts and crosswalks since the Plaza redesign. It was decided that Commissioner Vieville would meet with staff the following week and physically walk the Plaza crosswalks and analyze the current layout. NON ACTION ITEMS A. Bike Friendly Community Status Staff Report Mike Faught shared that Ashland's Bicycle Friendly Community status has been upgraded from a Bronze to Gold level by the League of American Bicyclists after review of the recently submitted application. He summarized the application highlights which included multi-modal transportation, bike events, safety classes, certified instructors and bicycle friendly businesses. He added Ashland is one of only eight (8) cities in the nation to receive the Gold level award. Transportation Commission Afay 23, 20/3 Page 2 of4 B. Audible Pedestrian Signals Update Staff Report Mr. Fleury gave a brief overview on the status of the audible signal installation. He reported an Oregon Department of Transportation (ODOT) representative picked up the audible signals for installation along with the Polara Engineering, Inc. vendor who was in town to assist programming the audible devices. He added an additional order of signal buttons will be placed with the remaining grant money. Commission and staff discussed the status of the existing signals and whether they have the capability of providing the audible homing tick feature. Staff reported they have been in contact with each of the vendors and Southern Oregon University (SOU) and felt positive that all signals could be programmed to include this feature. C. Bike and Pedestrian Path Intersections Signage Staff Report Mr. Fleury directed attention to the evaluations and recommendations of several bike/pedestrian intersections of concern throughout the city by Southern Oregon Transportation Engineering, -I-C. The recommendations included adding stop signs, stop bars and removing fencing and/or vegetation to improve sight distance. Mr. Faught, explained the evaluation was prompted by a citizen who was involved in a near collision with a bicycle atone of the intersections being reviewed. Mr. Fleury also provided information on the hazards of bike bollards. Commission Discussion Commissioner Young provided a historical background of an agenda item that was brought to the former Bicycle & Pedestrian Commission following a cyclist collision with a bike bollard on the central bike path. Various scenarios on the inherent danger of bollards were shared including riding at night without a light; riding in a group (visibility blocked by front rider); novice rider conflict with oncoming bike(s) and/or pedestrians; and bike trailers hitting the bollard base. Commissioner Young acknowledged the purpose of bollards is to obstruct vehicles from entering the bike path but felt other options could be explored. Mr. Fleury shared his concern with vehicles entering the bike path as the area is not large enough to turn around once it has entered. He offered several options to standard bollards for Commissioners to consider which included striping patterns on the path, offset fencing and lighting the area. Commissioners shared thoughts on different options. Commissioner Young asked staff to consider making this topic an action item on a future agenda after doing further research on dimensions and insurance liability. D. Miscellaneous Concrete Project Mr. Fleury announced that Vitus Construction, Inc. was the low bidder for the 2013 Miscellaneous Concrete Project. He outlined the next steps involved with the contract which will result in work beginning in June. He acknowledged several city streets that will receive installation of handicap ramps and sidewalk improvements along with numerous projects resulting from the approved Transportation System Plan (TSP). COMMISSION OPEN DISCUSSION A question was asked about the status of sidewalk improvements on Hersey St. Staff replied the process has begun and is contingent on Council approval. Staff added the same process is in place for Walker Avenue which is designed to begin spring 2014. A request was made for City staff to talk to the owners of a local hostel about large groups of guests walking in the bike lane creating conflict with cyclists. Officer MacLennan agreed to talk to the owners. Commissioners commented on several areas of concern involving cyclist/runner/pedestrian conflicts as well as vehicles driving on sidewalks. Officer MacLennan addressed their concerns. Mr. Faught updated the Commission on the progress of filling current vacancies. Mr. Fleury reported that Oregon Shakespeare moved the bike rack further up the sidewalk. He added staff will monitor the area to see how cars interact with the relocated bike rack. Tramporiawn Commission May 23, 2013 Page 3 of4 Mr. Faught handed out ForklHargadinelPioneer reconfiguration diagrams. He clarified that staff was moving forward with the recommended reconfiguration as illustrated in Figure 4 which includes adding bulb-outs and moving the stop bars. He added a crosswalk was not recommended at this intersection. A comment was made on the urgency of committing to the Downtown Study aspect of the TSP. Mr. Faught provided an update on funding strategies for the study. A discussion took place on the importance of working with SOU in an effort to promote cycling and other forms of non-motorized transportation. INFORMATIONAL ITEMS A. Traffic Safety Connection May Newsletter Did not review. Informational item only. B. Action Summary Did not review. Informational item only. C. Traffic Crash Summary Officer MacLennan gave an update on traffic related issues on N. Main Street. D. Multi-Modal CIP Projects Mr. Fleury called attention to the TSP projects added to the Capital Improvements Plan spreadsheet included in the informational packet. ADJOURNMENT Meeting adjourned at 8:00 p.m. Respectfully submitted, Jodi Vizzini, Public Works Assistant Transportation Commission May 23, 2013 Page 4 of 4 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Intergovernmental Agreements with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Services to Ashland FROM: Terry Holderness, Police Chief, terry.holdemess@ashland.or.us and John Karns, Fire Chief, Lhn.karns(2cashland.or.us SUMMARY These are intergovernmental agreements with Emergency Communications of Southern Oregon (ECSO) to provide emergency dispatch services in Ashland. BACKGROUND AND POLICY IMPLICATIONS: The Police and Fire Departments presently contract with Emergency Communications of Southern Oregon (ECSO) for emergency dispatch services. All Jackson county emergency services communications are consolidated into ECSO. There is no viable option other than ECSO available to the City of Ashland for providing emergency dispatch services. FISCAL IMPLICATIONS: The cost of emergency dispatch services for the 2013/2014 budget year is $373,591.91 for the Police Department and $164,513 for the Fire Department. Funds have been budgeted and approved for the fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Request approval for the Police and Fire Departments to enter into intergovernmental agreements with ECSO to provide emergency dispatch services for the City of Ashland. SUGGESTED MOTION: I move to approve the Police and Fire Departments entering into intergovernmental agreements with ECSO to provide emergency dispatch services for the City of Ashland. ATTACHMENTS: • IGA for the Ashland Police Department • IGA for Ashland Fire and Rescue Page 1 of 1 IMA ATCS 9-1-1 EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of ,20_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND POLICE DEPARTMENT hereafter "USER." WITNESSETH: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively' known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Qwest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. i c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. ! 8) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. ! I 2 I e) Scope I 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase 11911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2013, and end at midnight on June 30, 2014. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. C. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 3 I i 5. ECSO Administrative Responsibility: I a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service I demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. C. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: i a. The CEO Board will review and approve a system for performance measurements. i 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $373,591.91 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. I b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10'and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. C. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1114 per month from its due date. 4 I II i d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. I e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. i 9. Property: i During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and j all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. E 11. Default: i Upon default by USER of the payment terms of this Contract, said default existing for I thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: j i In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or, other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. I 5 ~ I i 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. i 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: USER: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 15. Signators: Signators to the Contract shall be: i a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: i Martial E. Henault, ECSO Legal Counsel Date 6 -01T C S 09-11 k EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of 120_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHLAND FIRE DEPARTMENT hereafter "USER." WITNESSETH: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equipment and to contract with Qwest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or.agents will provide and/or manage the installation, implementation, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technical operating budget. c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the IT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 8) Provide connectivity to the MDS field reporting system. 2. Services: a) The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by ECSO. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. 2 e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 2417, including status keeping and after-hours call- outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative messages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase 11 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2013, and end at midnight on June 30, 2014. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. C. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies'which will enhance mutual operations. b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. C. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. The CEO Board will review and approve a system for performance measurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER shall pay ECSO the total sum of $164,513.00 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term, b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502. G. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% per month from its due date. 4 d. Law user rates are based on 70% of the total budget less revenue and minimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. e. State 911 tax revenue reimbursements to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: During the term of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. ECSO may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 5 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: USER: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. ECSO USER CEO Board, Chairman (Signature) Date (Print Name) Date APPROVED AS TO FORM: Martial E. Henault, ECSO Legal Counsel Date 6 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Approval of a Grant with supporting Contract and MOU awarded to the police department through Jackson County Sexual Assault Response Team by the Violence Against Women Act (VAWA) FROM: Corey Falls, Deputy Chief of Police, corey.falls@ashland.or.us SUMMARY The City of Ashland Police Department seeks Council for approval of a grant awarded to the police department through Jackson County Sexual Assault Response Team by the Violence Against Women Act (VAWA). No new personnel will be added with grant funds. BACKGROUND AND POLICY IMPLICATIONS: The Police Department was notified that Jackson County Sexual Assault Response Team has received a two-year grant of $90,000 per year from the Violence Against Women Act grant program. A significant portion of the grant will go to supporting the Police Department's "You Have Options" program and making that program available statewide. The grant includes the following: • $30,031 each year in overtime for educational efforts and time to support the program. • Up to $10,000 for a professional website designer to redo the site and make it easier for outside agencies to join the program. • $6,000 a year to help fund the Southern Oregon Sexual Assault Symposium. • Funding to contract with Community Works to have a dedicated victim advocate in Ashland for 16 hours a week. • The rest of the money will be used by Jackson County Sexual Assault Response Team. FISCAL IMPLICATIONS: The Police Department will provide cash a match for the grant in the amount of $12,500 over the course of the two years. This breakdown equals $8,000 for the first year and $4,500 the second year. The match will be paid for using asset forfeiture money. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the grant with the supporting MOU and contract and match the . i~ grant in the amount of $12,500.00 using asset forfeiture money. SUGGESTED MOTION: Move to accept the Violence Against Women Act grant funding with supporting MOU and contract with the Jackson County Sexual Assault Response Team and match the grant in the amount of $12,500.00 using asset forfeiture money. Page I of 2 IAi, CITY OF ASHLAND ATTACHMENTS: • 2013 VAWA Law Enforcement Project Grant Contract. • 2013 VAWA Law Enforcement Grant MOU. Page 2 of 2 ~r, STOP VAWA 2013 COMPETITIVE LAW ENFORCEMENT PROJECT GRANT CONTRACTUAL AGREEMENT This contract is entered into by and between Jackson County SART (JC SART), a nonprofit sexual assault services provider and coordinator located at 43 Morninglight Drive, Ashland OR 97520 and the Ashland Police Department (APD), a law enforcement agency located at 1155 E. Main Street, Ashland OR 97520. APD has been awarded $30,031 from the STOP VAWA 2013 Competitive Law Enforcement Project Grant to provide the following services for the period 7/1/13 - 6/30/14. As a subcontractor to JC SART, APD will provide 452 hours @ $66.44/hour (including benefits) by Detective Carrie Hull or an approved, qualified officer to accomplish the following: • Design and implement the "You Have Options" reporting program and new department protocols, working in partnership with JC SART, SAVS and other community agencies • Train all department staff to follow new protocols and procedures • Ensure that department investigations of sexual assaults prioritize victims' individual needs • Ensure all victims, regardless of reporting status, have access to medical care, when appropriate, as well as to advocacy throughout the investigation • Attend monthly Response Reviews to assess response and case progress with partners • Conduct community education about program, with partners, as well as trainings for social service agencies and agencies serving vulnerable populations • Supervise development of website in English and Spanish to facilitate anonymous reporting and web portal for other participating LE agencies • Supervise development of agency database for more accurate tracking of reports • Regularly collect and analyze data for grant reports and program assessment; consult with partners quarterly to review progress • Arrange and conduct a statewide symposium introducing the program to state LE agencies and agencies responding to and assisting sexual assault victims • Develop a functioning, free and effective program model feasible for easy adoption statewide in the grant's second year In addition APD will supply JC SART with all project-related data required for grant reports, including relevant victim statistics and demographics. They will also provide cash and/or in-kind match in the amount of $13,285. APD will submit an invoice, relevant statistics, reports and data to JC SART no later than the 20th of the month following the end of the first three quarters (10/20/13, 1/20/14, 4/20/14), and no later than the 10`h of the month following the end of the final quarter (7/10/14). JC SART will reimburse for services after they have received payment from the Oregon Department of Justice, Crime Victims' Services Division. This Agreement does not create an employer/employee relationship between JC SART and APD, nor is APD entitled to any benefits from JC SART. JC SART is not liable for taxes, Workers Compensation, Unemployment Insurance, FICA, Social Security, withholding tax, etc. for or on behalf of JC SART. JC SART affirms it has the authority to enter in this Agreement. APD will perform services in a timely, professional and workmanlike manner and shall maintain any required licenses. APD shall defend, hold harmless and indemnify JC SART against all claims resulting from APD's acts or omissions. JC SART includes and holds APD responsible for adhering to JC SART's confidentiality policy. This Agreement can be terminated by mutual consent with 30 days written notice and JC SART can terminate immediately at its own discretion. Should JC SART terminate this Agreement they will reimburse APD for work performed up to the date of termination. APD affirms that parties performing work subcontracted by this grant are covered by Workers Compensation, Commercial General Liability where appropriate, Professional Liability, and Auto Liability (the latter either privately or through APD). This Agreement is the entire Agreement and cannot be amended, changed or supplemented in any way except by written Amendment signed by both parties. The signer below is authorized to act on behalf of APD and affirms that APD is, to the best of the signer's knowledge, not in violation of any Oregon Tax Laws. APD is bound by and will comply with all requirements, terms and conditions contained in the Agreement. Susan Moen, Executive Director Date Jackson County SART Corey Falls, Deputy Chief Date Ashland Police Department STOP VAWA 2013 LAW ENFORCEMENT COMPETITIVE GRANT PROJECT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by and between: Jackson County SART (JC. SART , a sexual assault victim services provider and coordinator; the Ashland Police Department (APD), a law enforcement agency; and Sexual Assault Victim Services (SAVS), a sexual assault victim advocacy provider managed by Community Works. This MOU is the complete agreement between JC SART, APD and SAVS and may be amended only by written agreement signed by each of the parties involved. It defines the roles and responsibilities of each party in designing and implementing the "You Have Options" program and in APD's accompanying restructuring of its sexual assault response policies and protocols. The MOU also notes the benefits each partner brings to the project. As the grant applicant, JC SART accepts full responsibility for the performance of the collective agencies. Applicant: Jackson County SART The non-profit JC SART is the state-mandated SART for Jackson County and has been providing services to sexual assault victims since 2005. JC SART runs the 24/7 SANE program (serving adults, adolescents and children) peer support groups for victims, and a sexual violence prevention program for high school and middle school students, teachers, parents and staff in the Ashland and Talent/Phoenix school districts in Oregon. JC SART is the organizing body for agencies providing services to sexual assault survivors and runs the monthly Response Review meetings for member agencies from law enforcement, the District Attorney's office, advocacy, Children's Advocacy Center, Department of Human Services and related social service agencies. Benefits of partnership: JC SART has a history of success in partnering with multiple agencies to create new programs: the SART itself; our pediatric response program, with the Children's Advocacy Center and Community Works; and our sexual violence prevention program, with local law enforcement agencies and Community Works. In addition to coordinating the SART during this current project's development, we will be supplying the SANE nurses who are integral to victim care and perpetrator identification and investigation. Like Community Works, SART has working ties with many social service agencies and organizations who serve marginalized and vulnerable populations, such as the Maslow Project (homeless youth), Living Opportunities (the disabled). Lotus Rising (LGBTQ) and the Northwest Seasonal Workers Association (migrant workers), and we will be reaching out to connect them to this project. Roles and Responsibilities • Ensure 24/7 availability of acute SANE nurse response, including forensic evidence collection and documentation (SANEs, SANE Program Manager) • Provide SANEs as needed for court testimony (SANEs) • Coordinate monthly Response Review to evaluate team response and case progress and to ensure multi-agency response continues smoothly (SANE Program Manager) • Participate in regular review and revision of project practices and protocols (Executive Director) • Participate in community outreach and education about the project, especially in vulnerable population sites such as Southern Oregon University and retirement communities (Executive Director) • Collaborate in connecting social service agencies more closely to the project (Executive Director) • Conduct and participate in partner cross-trainings (SANE Program Manager, Executive Director) • Train all SANEs on law enforcement practices and protocols as they develop (SANE Program Manager, Executive Director) • Keep accurate data, including data compiled from partners; keep abreast of project progress; provide required grant reports (Development Director) Partner: Ashland Police Department History of Partnership: JC SART and APD began their partnership at the very first SART planning meeting in 2000 and have become particularly close and dedicated collaborators in combatting sexual violence. They have consulted extensively with us and with Community Works in assessing their response and developing this project to improve it. APD has also contributed significant time and resources to help create our collaborative sexual violence prevention program, now ongoing in Ashland and Phoenix/Talent school districts (including class presentations, staff and parent training, Internet safety presentations). Benefits of Partnership: APD is the primary driver of this program's creation and implementation and will be key to its success. They have invested much time and thought in understanding why so few victims come forward to report sexual assault and why investigating this crime necessarily differs from investigating others. Their wish to design the "You Have Options" for eventual (free) wide adoption is another sign of their dedication. APD's willingness to reexamine long-entrenched law enforcement procedures to improve their response is exemplary, as is their interest in engaging with victim service providers every step of the way. Roles and responsibilities (all performed by APD Detective Carrie Hull or an approved, qualified officer) • Design and implement the "You Have Options" program and new department protocols, working in partnership with JC SART, SAVS and other community agencies • Investigate sexual assault cases, prioritizing victims' individual needs • Ensure all victims, regardless of reporting status, have access to medical care and advocacy • Attend monthly Response Reviews to assess response and case progress with partners • Supervise creation of website to facilitate anonymous reporting and web portal for other participating LE agencies • Supervise creation of agency database for more accurate tracking of reports • Regularly collect and analyze data for grant reports and program assessment • Train all department staff to follow new protocols and procedures • Arrange and conduct two statewide symposiums and two trainings for participating LE agencies • Conduct community education about program, with partners Partner: Community Works History of Partnership: Community Works has been a highly active member of JC SART since its inception and provides acute and after-care services to victims of domestic and sexual violence in close collaboration with the services offered by JC SART. The two agencies have partnered on multiple grants, collaboratively helping to fund coordinated SANE and advocacy services, counseling services for vulnerable populations such as the disabled, and acute services for rural victims. Community Works' SAVS is also a key partner, along with APD, in JC SART's school violence prevention efforts. JC SART and Community Works collaboratively track cases in order to ensure wrap-around services for victims and collaboratively review the response policies and protocols of each agency. Benefits of partnership: Community Works SAVS is the sole provider of the advocacy services that will be an essential part of this project. SAVS also strongly supports the victim-centered approach this project seeks to build upon. Because SAVS has collaborated extensively with both JC SART and APD, all partners are confident we can work together effectively and efficiently. We also trust we can address any problems or differences productively and straightforwardly. Because Community Works provides numerous social services to the community, its partnership will help us both identify and meet sexual assault victims' multiple needs. For example, it has staff dedicated to Hispanic Services and Youth Services and runs the county domestic violence shelter. Community Works is also acutely aware of the economic costs that sexual assault can bring. Its wide-ranging experience and expertise have helped the project's design - and will continue to be invaluable as the project moves through to completion. Roles and responsibilities: • Dedicate 16 hours per week to sexual assault victim advocacy - prioritizing victims served by APD, regardless of reporting status - and to project-related activities (APD advocate). • Provide peer support, information, referral, advocacy and crisis intervention, counseling by phone and in person and follow-up services to victims of sexual assault • At least once a month provide on-call coverage and needed hospital accompaniments for SAVS (APD advocate), joining with acute advocates to ensure advocacy is available to victims around the clock • Complete SAVS training (APD advocate); participate in cross-trainings with partner agencies, as needed (APD advocate and acute advocates, SAVS Manager) • Gather and keep accurate data, including client satisfaction forms, to help evaluate project progress and meet CVSD reporting requirements (APD advocate, SAVS Manager and Community Works staff) • Take part in community outreach and education about the program with partners, as needed (APD advocate) • Contribute to review and revision of project policies and protocols, as needed (APD advocate and/or SA VS Manager), serving as liaison between CW and APD. • Attend monthly JC SART response review meetings Timeframe: This MOU will commence on July 1, 2013 and will dissolve at the end of the VAWA grant funding period on June 30, 2015. Confidentiality. In order to ensure the safety of clients, all parties to the memorandum of understanding agree to adhere to the confidentiality expectations as outlined in the VAWA Grant Agreement. JACKSON COUNTY SART Authorized Official: Signature Printed Name and Title Address: Telephone(s): E-Mail Address: ASHLAND POLICE DEPARTMENT Authorized Official: Signature Printed Name and Title Address: Telephone(s): E-Mail Address: COMMUNITY WORKS/SEXUAL ASSAULT VICTIM SERVICES Authorized Official: Signature Printed Name and Title Address: Telephone(s): E-Mail Address: CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Oregon Public Works Emergency Response Cooperative Assistance Agreement FROM: Michael R. Faught, Public Works Director, faughtm@ashland.or.us SUMMARY The Oregon Public Works Emergency Response Cooperative Assistance Agreement is a long-standing mutual aid agreement initiated by ODOT to which more than 200 agencies statewide are signatories. It allows for cross jurisdictional sharing of public works resources and support in an emergency. BACKGROUND AND POLICY IMPLICATIONS: The Oregon Public Works Emergency Response Cooperative Assistance Agreement was established in 1998 and more than 200 agencies have signed the agreement since its inception. Staff is not sure why the City of Ashland did not elect to participate in the Oregon Department of Transportation (ODOT) cooperative agreement previously, however staff now feels this is an important program to have in place in the event of an emergency for the reasons outlined in the attached letter from ODOT. The agreement offers three primary benefits to the City: • Enables public works agencies to support each other during an emergency. • Provides the mechanism for immediate response to the requesting agency when the responding agency determines it can provide the needed resources and expertise. • Sets up the documentation needed to seek maximum reimbursement possible from federal agencies. FISCAL IMPLICATIONS: Signing the agreement does not fiscally bind the City. If there was an emergency and the City requested emergency aid, the City as the requesting agency, would be responsible for payment to the responding agency. Likewise, should the City respond to another agency's request, the City would be compensated for support as stated in the agreement. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approval of the Oregon Public Works Emergency Response Cooperative Assistance Agreement. SUGGESTED MOTION: Move to approve and authorize the Mayor to sign the Oregon Public Works Emergency Response Cooperative Assistance Agreement. ATTACHMENTS: 1. Letter from the Oregon Department of Transportation 2. Oregon Public Works Emergency Response Cooperative Assistance Agreement Page I of I Pr, i F `O regon Department of Transportation. Maintenance & Operations Branch ase Juhn A. Kitzhaber, MD, Governor 800 Airport Road SE Salem, OR 97301-4792 Phone: (503) 986-3000 Fax: (503) 986-3032 DATE: June 14, 2013 r L TO: CITY OF ASHLAND, Mayor ATTN: John Stromberg FROM: Loci Moore, P.E. State Maintenance Engineer SUBJECT: Oregon Public Works Emergency Response Mutual Aid Agreement Enclosed for your agency's consideration and adoption is a copy of the Oregon Public Works Emergency Response Cooperative Assistance Agreement. More than 200 agencies signed the agreement since it was first offered to local public works agencies in July 1998. The Oregon Department of Transportation (ODOT) initiated the agreement based on advice from the ODOT Local Officials Advisory Committee. The Oregon Department of Justice reviewed the agreement. The mutual aid agreement: • Enables public works agencies to support each other during an emergency. • Provides the mechanism for immediate response to the Requesting Agency when the Responding Agency determines it can provide the needed resources and expertise. • Sets up the documentation needed to seek maximum reimbursement possible from .federal agencies. Public works agencies in Oregon may sign the agreement or cancel their participation as they wish. ODOT maintains the list of all parties to the agreement and sends an updated list to all agencies whenever an agency is added to or removed from the list. Any agency may cancel its participation by giving written notice. Small cities receive an advantage of having a large amount of resources at their finger tips, even if they have little to offer. Other members of the agreement may have available resources that are difficult to find. Another benefit is that the agreement sets up the documentation needed to seek maximum reimbursement possible from,federal agencies in the event of a major disaster. It is 1 possible that in a disaster your city may have to request resources from another local jurisdiction regardless of whether you have signed the agreement. If the disaster is severe enough to warrant a Presidential disaster declaration, your city would qualify for Federal Emergency Management Agency (FEMA) reimbursement of qualified expenses through FEMA's Public Assistance program. Oregon's Public Works Cooperative Assistance Agreement is modeled on a similar agreement developed in Washington State. Using Washington as an example, here is how a comparatively small city would benefit by having become a party to the agreement prior to a Presidential declared disaster occurring: • During the eruption of Mt. St. Helens, the City of Yakima requested resource assistance from King County. • Because there was not an agreement in place prior to the disaster, FEMA could only reimburse the City of Yakima for King County resources at the city's rates. o The City of Yakima's rates were about 42 percent lower than King County's. This meant the City of Yakima had to pay the difference. o However, if both agencies had been parties to Washington's agreement, then FEMA would have reimbursed the City of Yakima for King County resources at King County's rates. During the December 2007 storm, some local jurisdictions in Oregon were able to activate the agreement and use resources from other local jurisdictions which were not affected by the storm and were parties to the agreement. FEMA recognized the agreement as an existing contract and covered the costs based on having the agreement in place. Other advantages of the agreement: • Enables agencies to assist other agencies on an as-needed basis during an emergency. o Responding agencies assist only if they determine they have the resources available. (Please see enclosed Guidelines for Using the Agreement.) o The Responding agency maintains direct control of the resources it provides. o The Requesting agency coordinates the activities and resources of the Responding agency. The agreement does not supplant pre-existing agreements or prevent any agency from negotiating other agreements. TO become a party to the agreement, send the completed signature page to: Greg Ek-Collins ODOT Office of Maintenance and Operations 800 Airport Road SE Salem, OR 97301-4798 Fax: (503) 986-3032 If you have any questions about the agreement, please call Greg Ek-Collins, ODOT Statewide Emergency Operations Manager, at (503) 986-3020. OREGON PUBLIC WORKS EMERGENCY RESPONSE COOPERATIVE ASSISTANCE AGREEMENT THIS AGREEMENT is between the govermnent agencies (local, county, or state) that have executed the Agreement, as indicated by the signatures at the end of this document. WITNESSETH: WHEREAS, parties to this agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and related systems during routine and emergency conditions; and WHEREAS, each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, sewer, water, and related systems and other support; WHEREAS, in the event of a major emergency or disaster as defined in ORS 40 1.025 (5), the parties who have executed this Agreement may need assistance to provide supplemental personnel, equipment, or other support; and WHEREAS, the parties have the necessary personnel and equipment to provide such services in the event of an emergency; and WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual assistance, with the intent to supplement not supplant agency personnel; WHEREAS, an Agreement would help provide documentation needed to seek the maximum reimbursement possible from appropriate federal agencies during emergencies; WHEREAS, ORS Chapter 402.010 provides for Cooperative Assistance Agreement among public and private agencies for reciprocal emergency aid and resources; and WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and the apportionment among the parties of the responsibility for providing funds to pay for expenses incurred in the performance of the agreed upon functions or activities; NOW THEREFORE, the parties agree as follows: 1 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requester. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected. Therefore, agencies funded with road funds are limited to providing services for road activities, sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve. The personnel and equipment of the Responder shall be under the inunediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command, the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. D. Without prejudice to a Responder's right to indemnification under Section 7.A. herein, compensation for damages to equipment occurring during the emergency incident shall by paid by the Requestor, subject to the following limitations: 1) Maximum liability shall not exceed the cost of repair or cost of replacement, whichever is less. 2) No compensation will be paid for equipment damage or loss attributable to natural disasters or acts of God not related to the emergency incident. 3) To the extent of any payment under this section, Requestor will have the right of subrogation for all claims against parties other than parties to this agreement who may be responsible in whole or in part for damage to the equipment. 4) Requestor shall not be liable for damage caused by the neglect of the Responder's operators. Within 30 days after presentation of bills by Responder entitled to compensation under this section, Requestor will either pay or make mutually acceptable arrangements for payment. 7. Indemnification This provision applies to all parties only when a Requestor requests and a Responder provides personnel, equipment, or material under the terms of this Agreement. A Responder's act of withdrawing personnel, equipment, or material provided is not considered a party's activity under this Agreement for purposes of this provision. To the extent permitted by Article XI of the Oregon Constitution and by the Oregon Tort Claims Act, each party shall indemnify, within the limits of the Tort Claims Act, the other parties against liability for damage to life or property arising from the indenmifying party's own activities under this Agreement, provided that a party will not be required to indemnify another party for any such liability arising out of the wrongful acts of employees or agents of that other party. 8. Workers Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self-insure, or both, its own employees as required by Oregon Revised Statutes. 9. Pre-Incident Plans The parties may develop pre-incident plans for the type and locations of problem areas where emergency assistance may be needed, the types of personnel and equipment to be dispatched, and the training to be conducted to ensure efficient operations. Such plans shall take into consideration the proper protection by the Responder of its own geographical area. 10. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Oregon may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section 1. and 2. above, to all others who have entered this Agreement. B. The Oregon Department of Transportation (ODOT) Maintenance and Operations Branch shall maintain the master copy of this Agreement, including a list of all those governmental entities that have executed this Cooperative Assistance Agreement. ODOT will make the list of participants available to any entity that has signed the Agreement. Whenever an entity executes the agreement, ODOT shall notify all others who have executed the Agreement of the new participant. Except as specifically provided in this paragraph, ODOT has no obligations to give notice nor does it have any other or additional obligations than any other party. C. This Agreement shall be effective upon approval by two or more parties and shall remain in effect as to a specific party for five years after the date that party executes this Agreement unless sooner terminated as provided in this paragraph. Any party may terminate its participation in this Agreement prior to expiration as follows: 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to tenmination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 11. Non-exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate Agreement shall terminate any responsibility under this Agreement. 12. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Cooperative Assistance to be executed by duly authorized representatives as of the date of their signatures. STATE OF OREGON DEPARTMENT OF TRANSPORTATION June 14, 2013 Luci Moore Date Statewide Maintenance Engineer IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Cooperative Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency County, Oregon Authorized Representative Date Designated Primary Contact: Office: Contact: Phone Number: Emergency 24 Hour Phone Number. Fax Number: E-mail address (if available): CITY OF -ASH LAN D Council Communication July 16, 2013, Business Meeting Contract for Legal Services for Douglas M. McGeary FROM: David H. Lohman, City Attorney, lohmand@ashland.us.or SUMMARY This is a new contract for legal services with Douglas M. McGeary covering fiscal year 2013-2014, for an amount not to exceed $120,000. These funds are budgeted for contracting to provide the functions of an assistant city attorney, and Mr. McGeary has provided excellent part-time, hourly legal services at a discounted rate under a Personal Services Contract since January, 2011. BACKGROUND AND POLICY IMPLICATIONS: The City Attorney's office has successfully utilized part-time contract attorney Douglas M. McGeary since January 2011. Mr. McGeary's experience and legal services have been instrumental in efficiently handling the municipal court cases, along with various city contracts and compliance issues. The proposed contract would allow the City Attorney's office to continue to employ Douglas McGeary, providing approximately twenty hours of work per week, which is performed mostly on- site in the City Attorney's office. AMC 2.50.120.A.1 - Personal Services Class Exemption for Attorney Services. A.LClass Exemption - Attorney Services. Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney. The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $50,000 prior to entering into the contract. In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council. FISCAL IMPLICATIONS: P art-time employment of Mr. McGeary provides the City a ,.high level of legal expertise and efficiency at less than the total cost of having an assistant city attorney on staff. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests Council approve the legal services contract with Douglas M. McGeary through fiscal year 2013-2014, in an amount not to exceed $120,000. SUGGESTED MOTION: Page I of 2 PrFs , CITY OF ASHLAND SUGGESTED MOTION: I move to approve the Legal Services Contract of Douglas M. McGeary through fiscal year 2013-2014, not to exceed $120,000. ATTACHMENTS: None Page 2 of 2 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Community Development Block Grant Award and 2013 Action Plan Amendment FROM: Linda Reid, Housing Program Specialist, Community Development, reidl@ashland.or.us SUMMARY The final Department of Housing and Urban Development (HUD) approved allocation of Community Development Block Grant (CDBG) funds is larger than originally anticipated by slightly more than $13,000. Consequently, the City is now able to provide more funding to applicants whose initial allocation was reduced based on the City's anticipated reduced allocation. BACKGROUND AND POLICY IMPLICATIONS: The City of Ashland anticipated an allocation of CDBG funds for the 2013 program year of approximately $156,255. This amount was based on HUD notification that the City could expect a decrease of 5% from FY 2012-13 levels due to federal sequestration. On April 2, 2013, the Ashland City Council awarded funds to four applicants for 2013, reducing all but one of the award requests according to the expected availability of funding. The applicants requested the following amounts: • St. Vincent De Paul (SVDP)-$24,000 • Maslow Project-$10,000 • Living Opportunities-$24,000 • Ashland Emergency Food Bank (AEFB)-$87,000 The funds were awarded as follows: • St. Vincent De Paul (SVDP)-$16,607 • Maslow Project-$6,831 • Living Opportunities-$14,566 • Ashland Emergency Food Bank (AEFB)487,000 In June, City staff received an update from HUD regarding final Program Year 2013 allocations and further details on how appropriation levels, sequestration and newer Census data have affected the City's program funding. In summary, the CDBG experienced a net increase in funding from FY 2012 to FY 2013. At the federal level, FY 2012 HUD appropriations directed that $300 million of the CDBG funding appropriation be allocated for disaster recovery,`thus effectively reducing the grantee funding available for formula distribution in FY 2012. That set-aside for disaster recovery grants did not carry over to FY 2013, providing additional CDBG formula funding for grantees. The result is a 4.4% increase in CDBG formula funding levels from FY 2012 to 2013, even after factoring in the effect of mandatory sequestration reductions. This increases the City's formula allocation for FY 2013 and provides the City with an additional $13,336 for retroactive award. Page 1 of 2 10FTWr, CITY OF ASHLAND FISCAL IMPLICATIONS: Upon approval, the City would allocate an additional $13,336 in CDBG funds to grantees and projects that have already been awarded funds but whose initial awards were reduced due the limited amount of funds available. If these funds are not granted at this time they will be carried over for competitive award in the next fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council award the full amount of funds available. The recommended award distribution below takes into consideration that the social service awards are capped to no more than 15% of the annual award. As such, Staff recommends that both the SVDP and Maslow Project awards be increased proportionately. It is recommended that the Living Opportunities capital improvement award be increased to $23,438, thereby approaching their initial $24,000 request. AEFB originally requested $87,000 and was fully funded previously, therefore no increase for the AEFB is recommended. The Housing Commission reviewed the proposed redistribution at their regular meeting held on June 26`h, and has forwarded a recommendation to the council to approve staffs recommend modification to the original grant amounts. SUGGESTED MOTION: Move to adjust the original award amounts granted on April 2nd to allocate the balance of funds accordingly: St. Vincent De Paul- $17,808 Maslow Project-$7.632 Living Opportunities-$23,438 Ashland Emergency Food Bank-$87,000 ATTACHMENTS: Letter from HUD dated March 4, 2013 Fiscal Year 2013 CDBG and HOME Program Formula Allocations Page 2 of 2 ~r, i i wx.e a%"4 10111s o~rc`o~ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE DEPUTY SECRETARY WASHINGTON, GO 204100050 i ! March 4, 2013 RECEIVED i MAR 077.013 ~ The Honorable John Stromberg Mayor of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor Stromberg: As you are likely aware, due to the failure of Congress to reach a deal on balanced deficit reduction to avoid sequestration, the President was required by law to issue a sequestration order on March 1 canceling approximately $85 billion in budgetary resources across the Federal Government for the remainder of the federal fiscal year (FY). As partners with the Department of Housing and Urban Development, you are entitled to timely and clear information about how these unfortunate budget cuts impact us, and, in him, what it means for program beneficiaries in Ashland. At this time, HUD is taking every step possible to mitigate the.effects of these cuts, However, based on our initial analysis, it is likely that your full-year FY 2013 formula program funding will be lower than it was in FY 2012 due to the sequester, which may affect your workforce and planning for this year, and possibly beyond. You can expect 5 percent reductions from the FY 2013 annualized Continuing Resolution levels for the formula programs you are eligible for, including the Community Development Block Grant (CDBG), HOME, Housing Opportunities for Persons With AIDS (HOPWA), and Emergency Solutions Grants for the homeless (ESG) programs. In testimony to Congress in January, Secretary Donovan estimated some of the impacts sequestration would have on participants. For example, cuts to the HOPWA program would result in 7,300 fewer low-income households receiving permanent and short-term supportive housing assistance, including rent or utility assistance, while a sequester of HOME program funds will result in 2,100 fewer affordable housing units produced for low-income families. As you know, every dollar of HOME funding is leveraged with almost four dollars of other funds. Once Congress has passed and the President has signed a full-year FY 2013 appropriation for HUD, the exact funding levels you will be receiving for these programs will be set, and, depending upon your program year start date, your individual FY 2013 program grant agreements will subsequently be sent to you. Wsm.hud.gov espaNothud.gov i I z Thank you for your continued partnership with HUD, and for your cooperation as we work together to manage through these unfortunate circumstances. Sincerely, Maurice A. Jones I j i Untitled Document Page I of 2 Mailing COMMUNITY List ail i lid 1POLANNING 1 ' 1 Oeveloping Viable Communities through Housing, Economic Opportunities Fiscal Year 2013 CDBG and HOME Program Formula Allocations Fiscal Year 2013 CDBG Program Formula Allocations The Community Development Block Grant Program (CDBG) experienced a net increase in funding from FY 2012 to FY 2013. The FY 2012 HUD appropriations law directed that $300 million of the CDBG funding appropriation be allocated for disaster recovery; this reduced the funding available for formula distribution in FY 2012 to $2.94 billion. That set-aside for disaster recovery grants did not carry over to the FY 2013 Continuing Resolution, which provided $3.07 billion for CDBG formula funding. After the mandatory reductions due to sequestration and an across-the board recession, the result is a 4.4% increase in CDBG formula national funding levels from FY 2012 to 2013. However, not every CDBG grantee will see a 4.4% increase. Beginning in FY 2012, HUD uses Census Bureau American Community Survey (ACS) data as the source for most demographic data in computing formula allocations. ACS data is updated annually and is based on five year weighted average data, so every grantee's formula demographics will change every year as a new year's data is introduced. The FY 2012 allocations were computed using 2005-2009. The FY 2013 allocations are computed using 2006-2010 ACS data, which relies on the Census 2010 counts as new weights for estimating the CDBG formula variables. The slight increase in funding ameliorates some of the effects caused by introducing new data. However, some CDBG grantees will see increases of more than 4.4% in their FY 2013 funding, while others will see a smaller increase or even a decrease. HUD has posted a new, interactive map tool on its website to illustrate the effects of the new data on individual grantees' FY 2013 CDBG allocations. Viewers can click on any CDBG Entitlement jurisdiction in the country to see how each jurisdiction's grant changes from replacing the 2005-2009 ACS data with newer 2006-2010 ACS data into the CDBG formula. This page also provides answers to Frequently Asked Questions about the use of ACS data in the CDBG program formula. HUD's 2011 report, "Redistribution Effect of Introducing 2010 Census and 2005-2009 ACS Data into The CDBG Formula," provides further information on how the CDBG formula works and on the initial effects of introducing ACS data into the formula in FY 2012. http://us5.campaign-archive2.com/?u=87d7c8afcO3ba69ee7Od865b9&id=9e35db225a&e=... 6/13/2013 Untitled Document Page 2 of 2 Fiscal Year 2013 HOME Investment Partnerships Program Formula Allocations The FY 2013 HOME appropriation of $1 billion was reduced by 5.1 percent due to sequestration and then by another 0.2 percent as a result of an across the board rescission. The result was a HOME formula amount of $947 million. However, nearly $17 million was added back into the formula from funds recaptured from participating jurisdictions (PJs) that failed to meet HOME deadline requirements or that requested voluntary grant reductions in lieu of repayment for ineligible activities. Therefore, the HOME formula was run at $964 million. For FY 2013, there are 641 HOME PJs comprised of 52 states, 4 Insular Areas, and 585 local PJs including 142 consortia. Most PJs (426, 66%) experienced a decrease in their HOME allocation for FY 2013 due to sequestration; however many PJs' (209 or 33%) allocations actually increased due to the use of 2006-2010 ACS data, which is weighted on the 2010 Census population and household numbers. In FY 2012, HUD used 2005-2009 ACS data which was weighted on 2010 Census population and household numbers. Because the HOME formula consists of six separate factors, the impact of the source data used may change the formula results for any or all of the formula factors, resulting in an increase or decrease in formula allocation when compared to allocations using previous data sources. For more information on HOME formula factors, see 24 CFR § 92.50(c). Visit the OneCPD Resource Exchange at httos://www.onecod.info UNSUBSCRIBE FORWARD T1 FRIEND I~ 1 FROM THIS LIST This email was sent to reidl@ASHLAND.OR.US by news(ciimail.onecod.info Update Profile/Email Address I Instant removal with Safeunsubscribe7M 1 Privacy Policy U.S. Department of Housing and Urban Development 1 451 7th Street S. W I Washington I D.C. 120410 http://us5.campaign-arch ive2.com/?u=87d7c8afcO3 ba69ee7Od865 b9& id=9e35 db225 a&e=... 6/13/2013 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Public Contracts for Water and Wastewater Treatment Plant Chemicals FROM Greg Hunter, Water Treatment Plant Supervisor, grey.hunter@ashland.or.us David Gies, Waste Water Treatment Plant Supervisor, david.aies a ashland.or.us SUMMARY Chemicals are required to maintain consistent water quality at the Water Treatment Plant and for compliance with NPDES (National Pollutant Discharge Elimination System) permit requirements at the Wastewater Treatment Plant. Bids were requested for seven chemicals and the resulting multiple contract awards will be awarded to three suppliers. The term for each of the intended contracts is two fiscal years beginning July 1, 2013 and ending on June 30, 2015. Water Treatment Plant FY 14 - Brenntag $69,740.00; Cascade Columbia $22,725.00; Univar $3,498.00; Total $95,963.00 FY 15 - Brenntag $73,655.00; Cascade Columbia $22,725.00; Univar $3,498.00; Total $99.878.00 Wastewater Treatment Plant FY 14 - Brenntag $4,092.00; Cascade Columbia $87,638.72; Total $91,730.72 FY 15 - Brenntag $4,389.00; Cascade Columbia $87,638.72; Total $92,027.72 BACKGROUND AND POLICY IMPLICATIONS: The sourcing method for this multiple contract award is a Competitive Sealed Bid (Invitation to Bid or ITB). The City received three (3) bids in response to the ITB and the resulting public contracts are being awarded to the lowest responsive and responsible bidders as follows in the attached bid tab. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. FISCAL IMPLICATIONS: Funds are budgeted for these chemicals and are estimated to cost $195,841.00 for WTP chemicals and $183,758.44 for WWTP chemicals. STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends the public contracts for chemicals be approved. Page 1 of 2 r, CITY OF ASHLAND SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract awards for chemicals. ATTACHMENTS: Invitation to Bid 2013-104, Bid Tab Page 2 of 2 INVITATION TO BID 2013-104, WTP & W WTP CHEMICAL July 10, 2013 C•I3 CrAL BRENNTAG CASCADE UNIVAR COLUMBIA Hasa Hasa FY ¢4 - $1.35/Gal FY 14 - $1.42/Gal 330'Ga1/1 ote 300 Gal/Tote aTjP;TjP;- CHEMICAL #1 ~(6J4Totes $2,673.00 $426.00/Tote SODIUM Delivery charge $27.50 (6) Totes - $2,556.00 HYPOCHLORITE 12.5% er order Delivery charge $25.00 No Bid p . (6) Totes per order/(10) Total cost per order Total cost per order orders per fiscal year $2 700 50 ` p $2,581.00 FY 15 x$1.45/Gal " FY 15 - $1.42/Gal a *Year 2 subject to FYl~$2+7,005.00 verifiable cost escalation FAY 155$28 895.00 500 Lb Drum $625.00 ~ - FY 14 $1.42/Lb (q) Drums FY 14 - $1.545/Lb WiTiI: -CHEMICAL #2: 500 Lb Drum $710.00 $2,500.00 500Lb Drum $772.50 CYTEC SUPERFLOC C- (4) Drums Deliuen char e $25.00 ' y g (4) Drums 573 FLOCCULANT- $,2840.00 Total cost per order * . ; $3,090.00 No Substitution Delivery charge $27.50 $2,525.00 ,y Delivery charge N/A (4) Drums per per order FY 15 - $3.25/Lb Total cost per order order/Every 6 weeks on Total cost per order *year 2 subject to e $3,090.00 average per year (9 $2,867.50 verifiable cost escalations=' FY 15 - $1.545/Lb orders) FY 15 - $1.47 Note: If supplier unable to honoe, bid price, City will process ITB:. y' FY 14 $33,735.00 :-FsY 15 $32 7,25.0.0 FY 14 - $2.98/Lb 4 - $3.645/Lb P - CHEMICAL #3: $164.26/Bag$!145.75 /Bag CYTEC SUPERFLOC N- $8;24.50 (6) Bags $985.56 e 300 LMW cDhvery charge N/A FLOCCULANT -No Delivery charge $25.00 Substitution Total cost per order No Bid Total cost per order $874.50 (6) Bags per order Every $1,010.56 F,Y 15 - $2.645/Lb 12 weeks on average per FY 15 - $2.98/Lb Year 2 subject to year (4 orders) verifiable cost escalation `FY 14 $3,498.00 'F1Y US $3,498.00 FMC FAY 14$0`20 /Lb~~ Solvay OCI T_ 50 Lb B d FY 14 - $0.235/Lb W~TiP. -CHEMICAL #4 54Bag~3Pah{et~ 50 Lb/Ba FY 14 - $0.24/Lb SODA ASH, DENSE, $2';82+1 50 g 50 Lbs/Bag 49 Bags/Pallet (not 54) FREE FLOWING Delivery charge~$17~07{ $2 878 75 5413ags/Pallet Or Equivalent ei order i*# $3,240.00 P.- a ? Delivery charge $25.00 (270) Bags per Total cost perorder~ Total cost per order Delivery charge N/A order/Every 34 weeks on 1$2;849 00r w Total cost per order aF rt Yk,y a $2,903.75 average per year (15 FYp15R $3,240.00 $0 31 x/>~Lb r a FY 15 - $0.235/Lb orders * FY 15 - $0.24/Lb n r/ Year 2 subject to FY'14$42 f735 00~ verifiable cost escalation FaY 15$44;760 00 tr`~ ITB 2013-104 WIT & WWTP CHEMICALS, PAGE I OF 2,07/10/2013 INVITATION TO BID 2013-104, WTP & W WTP CHEMICAL July 10, 2013 CHEMICAL BRENNTAG C ASCAD A UNIVAR Hasa ' Hasa FY 14 $1235/Gal Hasa FY 14 - $1.995/Gal 330 Gal%Toko FY - $1.42/Gal 330 Gal Tote -$445 50/Tote 300 Gal/Tote $658.35/Tote WWTiR- CHEMICAL (3) Totes($+1 336SOt $426.00/Tote (3) Totes $1,975.05 #5: SODIUM Delivery char, .50 . (3) Totes $1,278.00 (6 Totes/$3,950.00) HYPOCHLORITE 12.5% 'per order b Delivery charge $225.00 Delivery charge $75.00 (3) Totes per order/(3) `Total cost peg order Total cost per order per order Times per year ,$1;364:00> -F $1,503.00 Tote deposit $700 each FY 15 -.$1.45/Gal FY 15 - $1.42/Gal Total cost per order *Year 2 subject to $2,050.05 F3Y 14 $41093.00 verifiable cost escalation FY 15 - $2.045/Gal FY 15 $4 389.0% RZBC/Sunshine FY 14 - $0 98/Lb . 50 Lb/Bag „r RZBC 43 Bags/Pallet FY 14 - $1.065/Lb $2,107.00, Tate & Lyle W WTP CHEMICAL 43 Bags/Pallet Delivery` charge $25"00 FY 14 - $0.995/Lb s•J~1~ $2,289.75 Total cost er>o~d e`f= 50 Bags (can reduce to #6: CITRIC ACID Delivery charge e $27.50 p 43 bags) Or Equivalent ry g $2,132. 00 (43) Bags per order/(2) per order FY 15'-; , 0 , 198 , 10a' Cost per order/l pallet Total cost per order times per year r *yea 2 sub ecf to, $2,139.25 J P Y $2,317.25 venfiabl 'cost escalation Delivery charge N/A FY 15 - $1.10/Lb Note: If s pplieir n.h-,, honor . FY 15 - $0.995/Lb °c; price, Giv wilhprocessss.ITn.'. FY 14 $4;2,64.00 FY 15$4;269.00+`' FY' 14 - $0 1168/L WyWgTP - CHEMICAL 11.1 Lbs%Gal #7: 4,000 -4;300sGal Load ALUMINUM SULFATE $S,t85.92R Coringle of General Cascade Columbia No ehvery car$25.:00 Chemical Substitution Totahi t per order,•- FY 14 - $0.117/Lb (4,000) Gal per No Bid $5 210., 11.10 Lbs/Gal order/Every 2 weeks FY 15 '$0 1168/Lb. Cost per order $5,200.00 during months May- *Year subj ect to Delivery charge N/A r s rte ':f November (Estimate 16 venfiable cost escalation FY IS - $0.127/Lb orders) Note: 'If-aupphe~ uoab{ale [o homr price, Ciry wiil,process-lTB. - FY 14,$83,3:74.72 FY 15$83,374.73 ITB 2013-104 WTP & W WT? CHEMICALS, PAGE 2 OF 2,07/10/2013 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Business License Ordinance Revisions To Accompany Other Ordinance Changes Concerning Short-Term Home Rentals FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY Changes proposed in Ashland's land-use code to establish new zoning provisions that would take into account the proliferation of short-term home rentals also have implications for related provisions in the code sections on business licensing. The attached proposed ordinance would amend to the current business licensing requirements to reflect recognition of short-term home rentals as a form of business enterprise. BACKGROUND AND POLICY IMPLICATIONS: The proposed inclusion of provisions addressing short-tern home rentals in the City's zoning ordinances takes into account the rapid growth of the enterprise of intemet-facilitated vacation rentals by owners. The proposed zoning provisions also implicitly recognize that such gainful rental activity is a business, similar in essence to operating a bed & breakfast or a residence-based enterprise (see AMC 18.94) and should, therefore, be subject to the City's business license requirements set forth in AMC Chapter 6.04. A strong legal case can be made that the current business licensing ordinance already applies to vacation rentals by owners, but clarification and correlation of terms with other ordinances affecting such vacation rentals would likely facilitate both compliance and enforcement. The rationale for licensing short-term rentals of homes as a business in Ashland also logically applies to long-term rentals. Accordingly, the proposed revisions to the City's ordinance on business licensing include making it apply to lessors who rent out two or more dwelling units in Ashland for periods of 30 consecutive days or more. Current Code provision 6.04 requires a business license only if the lessor is renting out six or more "properties" for 31 days or more. Other changes to the ordinance on business licensing are proposed for purposes of consistency with other sections of Ashland's Code and improving clarity. The following list summarizes the noteworthy proposed changes to the business licensing requirements in AMC 6.04. 1. The key term defined in Section 6.04.020A is proposed to become "business activity" instead of just "business" and is defined so as to unambiguously include rental activities, including rental of any transient lodgings and rental of two or more dwelling units for continuous periods of 30 days or more. 2. The required "intent to make a profit" in current section 6.04.020A is recast as the "intent of receiving payment or other valuable consideration." Many homeowners renting out their Page 1 of 2 Or, CITY OF ASHLAND houses on a short-term basis have multiple objectives that may not include making a profit but do include partially offsetting their expenses. 3. A new definition of "transient lodging" is included to clarify that all short-term lodging rental activities require a business license. 4. A broad definition of "rental activity" is added. 5. New definition of "person" adds limited liability companies. 6. New definition of "owner" adds persons who actively engage in operation of the business activity, whether or not they are owners of the property. 7. Ability of two or more related business activities to be undertaken on the same premises under one business license is limited to related businesses having a single taxpayer identification number. 8. Ability of two or more related business activities to be undertaken at separate locations under one business license is limited to related businesses having a single taxpayer identification number. 9. Exemption from business license requirement for rental of dwelling units for periods of 30 consecutive days or more is limited to one such dwelling unit. 10. Uncompensated home exchanges are exempted from the requirement to have a business license. 11. A material change in the business activity for which a license has been issued requires a new business license. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed changes to the business licensing requirements in AMC Chapter 6.04. SUGGESTED MOTION: I move to approve first reading by title only of the ordinance titled "An Ordinance Amending AMC Chapter 6.04 Business Licenses" and to forward it on to second reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 6.04 BUSINESS LICENSES 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, the applicability of the City's business license requirements to permitted short-term home rentals has been unclear heretofore; and WHEREAS, exempting up to five long-term residential rentals by one owner from the requirement to obtain a City business license while requiring the owner of a single short-term home rental to obtain business license would seem inequitable. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.04 is hereby amended to read as follows: SECTION 6.04.010 Purpose and Scope. The business license taxes imposed by the terms of this Chapter are for revenue purposes only. Neither the acceptance of the prescribed tax nor the issuance of the applicable license shall be constructed to constitute a regulation or approval of any business activity or a permit to engage in any activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing requirement imposed by any other ordinance etherthan . SECTION 6.04.020 Definitions. A. Business activity. Conducting any occupation, calling, trade, profession, rental activity, or other transactional activities, including rental of two (2) or more dwelling units and rental of any transient lodgings, with the intent of receiving payment or other valuable consideration. 1. That a profit be realized ther-e4ent; an' 2. That t1...profit, if any, inure a to the benefit of the owner or owners of the fietivity. B. Transient lodging. Property which is used or designed for occupancy by transients for dwelling, lodging or sleeping purposes and which is rented or for rent on a daily or Ordinance No. _ Page 1 of 7 weekly basis to transients for a charge or fee paid or to be paid for rental or use of facilities. Hotels, motels, inns, traveler's accommodations as defined in AMC 18.08.795, short-term home rentals as defined in AMC 18.08.658, mobile homes or house trailers at recreational vehicle/camping parks or other fixed locations, or other similar structures or portions thereof which meet the above criteria are transient lodgings for purposes of this Chapter 6 and Chapter 4. Profit. The exeess gross r-eeeipts over expense. C. Rental activity. The acceptance of payment or other valuable consideration in exchange for occupancy of two or more dwelling units of any kind for any length of time or in exchange for occupancy of one or more transient lodgings, as defined in AMC 4.24.101B fora period of less than 30 days.EXpD12t. The eost of goods sold, the expense of services r-ender-ed, and MI other eNpenses or- disbursements, neerued or- business. D. Doing or- transag-jigg Any net or series of nets performed in the eour-se or par-suit of a business aetivity. HD. Person. Includes a person, ee-partner, partnership, limited liability company, or corporation. Singular- ineludes plural; FE. Owner. A person having an who has a financial interest in a business activi ; or who and actively engageds in the operation of said-a business activity. GF. Employee. Any individual who performs service for another individual or organization having the right to control the employee as to the services to be performed and as to the manner of performance. For purposes of this ordinance employee also means a licensed real estate sales person or associate real estate broker who engages in professional real estate activities only as an agent of a real estate broker or organization. UG.Dwelling Unit. One or more rooms designed for occupancy by one (1) family and not having more than one (1) kitchen or cooking facility. Rental Aetivity. A per-son who aeep'. . I _.P Me of six AF more properties. SECTION 6.04.030 Business License Required. It shall be unlawful for any persons for themselves, or as agent or employee of another, to undertake a business activity ansaet and ear", on business trade, profession calling, or oeeupatien within the City of Ashland, Oregon, unless: A. Such business activity has been duly licensed as herein provided, and the license is valid at the time of the business activity; or B. The business activity is exempt pursuant to AMC 6.04.085. The a the time of the transaetion. SECTION 6.04.050 License Applications. A. Applications for business licenses must shall be submitted on forms to be provided by the Finance Department. Every such application must shall be signed by the owner or a duly authorized agent and must shall-contain the following information: 1. Name of person or persons owning business; ' or an authorized officer; 2. Assumed business name, and phone number, if any; 3. Address of business premises and, mailing address and phone number of applicant, the owner(s) of the business activity and of its principal place of business; Ordinance No. Page 2 of 7 4. Nature of the business activi ; 5. Number of employees; 6. Emergency contact name and telephone. B. Where If the business inel desactivities are classified in two (2) or more categories, the primary or predominant activity should be designated. C. Where If the business premises of applicant are situated-principal place of business is outside the City, the application must shall specify the number of employees to be engaged in the transaetion of business activi within the City, and the license issued on the basis thereof, shall be only to permit the specified number of employees to transaet businessconduct the business activity within the City at any one time. D. License taxes shall be computed on the basis of information contained in the application, and it shall be unlawful for any person knowingly to sign or submit a business license application containing false information. E. The City shall prepare blank business license applications and make them available at City Hall upon request. F. Failure to receive or secure a form business license application shall not relieve any person from the obligation to pay a license fee and obtain a license under this ordinance. SECTION 6.04.060 Two or More Businesses on Same Premises. If two (2) or more differently classified, but related businesses activities, are carried on in the same premises by the same owners, one license issued in the name of the business activity o which the premises are primarily appropriated, and based upon the total number of employees or other units on the whole premises, shall be sufficient for all such activities as lone as all the related business activities have a single taxpayer identification number for purposes of income tax reporting. Any business activity leased, under concession to, or owned wholly or in part by a different person or persons on the same premises must be separately licensed. SECTION 6.040.070 Two or More Business Premises. The conducting of a business or businesses activity at two (2) or more seryarnte-discrete locations shall, for the purposes hereof, be deemed to be separate businesses business activities, and each shall be is subject to the license tax herein provided for, except that rental properties, warehouses and distributing plants used in connection with and incidental to a business activity licensed under the provisions of this Chapter shall not be deemed to be separate places of business, or branch establishments, or separate types of businesses as long as a single taxpaver identification number is used for income tax reporting for all such related facilities. (Ord. 2538 S2, 1989; Ord. 2631, 1991) SECTION 6.04.080 License Tax Schedule. A person licensed under this chapter must shall pay the appropriate business license fee as set by Resolution. (Ord. 3047, amended 04/19/2011; Ord. 2926, amended, 06/06/2006) SECTION 6.04.085 Business License TaaFExemptions. A. The following persons and activities are exempt from the license requirements imposed by the Business License Law. Ordinance No. Page 3 of 7 I. Persons whom the City is prohibited from licensing or taxing under the constitution or laws of the United States, the constitution or laws of the State of Oregon, or the Charter of the City. 2. Non-profit or charitable, religious or educational organizations which have received a tax exempt certificate from the Internal Revenue Service, and which devote the net proceeds from the sale of goods or services to the purpose of the organization. 3. The sale of personal property acquired for household or other personal use by the seller, provided that the total length of sale is fewer than 4 days in any one calendar year. 4. The operation of a display space, booth or table maintained for displaying or selling merchandise at any trade show, convention, festival, fair, market, or swap meet, provided that the sponsor of the event is licensed to do business. 5. Any Family Day Care Provider who regularly provides day care in the provider's home in the family living quarters, or any babysitter who goes into a home of a child to give care during the temporary absence of the parent, legal guardian, or custodian. 6. Any unincorporated business activity carried on by individuals under the age of 18. 7. Rental of lust one dwelling unit for periods of 30 consecutive days or more. 8. Dwelling-for-dwelling home exchanges in which neither owner receives monetary compensation. (Ord. 2122 1981; Ord. 2315 S I , 1984; Ord. 2631 1991) SECTION 6.04.090 Term. The business license term shall be for a fiscal year, beginning July 1 and ending June 30 of the next year, and business license taxes are due annually on or before July 1, of the fiscal year for which the license is required. Any material change in business activity licensed herein or any material change in a condition of approval for a business activity licensed herein automatically terminates the business license without notice and requires application for a new business license. (Ord. 2926, amended 06/06/2006) SECTION 6.04.100 Issuance of License. Upon receipt of an application duly signed and executed as hereinabove prescribed, together with the required tax, the Finance Department shall issue a business license to any applicant desiring to fransaet or conduct any lawful business activi within the City. If the City has knowledge that the applicant is engaging in, or proposes to engage in an unlawful activity, the City shall return the fee to the applicant, along with the reason for so doing, and shall refuse to issue a license. SECTION 6.04.105 Duplicate License. A duplicate license shall be issued upon application and payment of a fee of $10 to replace the license previously issued which was lost or destroyed., SECTION 6.04.110 Transfer of License. No transfer of assignment of any license issued under this Chapter is valid or permitted, except that when a person sells or transfers a business activity for which such license has been issued, the purchaser is not required to pay an additional license tax for the remainder of the fiscal year, provided the per-son selling the business seller notifies the Finance Department in writing of the Ordinance No. _ Page 4 of 7 transfer of the business activity. If the location of a business activity is changed, but the nature of the business activity is unchanged, the license may be transferred to the new location. SECTION 6.04.115 Consumer Protection Revocation. Any individual or firm against whom a judgment is entered for fraud related to the business activity for which the license is issued, or which occurred within five (5) years preceding the date of application, shall be subject to denial or revocation of a license to conduct business activities within the City of Ashland. Denial or Revocation are subject to the appeal process of AMC 2.30. (Ord. 3024, amended, 08/03/2010) SECTION 6.04.120 Temporary License. If a business activity licensed under this chapter is for a limited duration of not more than 30 days the fee will be $25, regardless of the number of employees. (Ord. 2926, amended 06/06/2006) SECTION 6.04.130 Delinquent Penalty. There shall be a penalty of ten percent (10%) with a minimum of $25 added to all business license taxes paid later than 30 days after they are due. (Ord. 2926, amended 06/06/2006) SECTION 6.04.140 License Must be Displayed. At all times after the issuance of the business license, the licensee must shall-cause it to be posted in a conspicuous place upon the business premises, available for inspection by the public and by employees and prospective employees of the business provided: A. That where the license has no office, business premises or other established place of business within the City, the license must shall-be in possession of a representative of the business present within the City at all times during which business is being transacted by an employee or representative within the City. SECTION 6.04.150 Penalties. A Violation of A AAC 04 030 10pe_atin, Conductine a business activity in the City of Ashland without a City business licenser in aeeo-danee with this Chapter- is a violation of AMC 6.04.030 and shall be considered a Class I violation, subject to the limitations of AMC 1.08. B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class III violation as defined by AMC 1.08 and punishable as set forth in that section. (Ord. 3024, amended, 08/03/2010) SECTION 6.04.160 Evidence of Doing Business. In the trial of any alleged violation of this Chapter, evidence of advertisements by newspapers, radio, television or other medium or by signs displayed for public view, that sueh a business activity was being conducted expressly or impliedly, includine offering to sell goods, or-, services or lodeine to the public or any segment thereof, shall constitute prima facie evidence that the defendant was tr-ansaeting-c onductine a business activity within the City on the day or date during which such representations were made. Ordinance No. Page 5 of 7 SECTION 6.04.170 Confidentiality. Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release, or make known in any manner, any financial or employee information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this Section shall prohibit: A. The disclosure of the names and addresses of any persons to whom business licenses have been issued; or B. The disclosure of general statistics in a form which would prevent the identification of financial or employee information regarding an individual business licensee or applicant; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of a claim by the Finance Department; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business' s failure to report and remit the business license tax when the report or tax is in arrears for over six months. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (Ord 3024, amended, 08/03/2010) SECTION 6.04.180 Examining Books, Records, or Persons. The City, for the purpose of ascertaining the correctness of any license application, or for the purpose of estimating any license fee, may examine or may cause to be examined, by an agent or representative designated by it, any books, papers or payroll records, state or federal payroll reports, bearing upon the matter. SECTION 6.04.190 Appeals. Any person aggrieved by any determination of the Director of Finance with respect to the amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30. The Findings of the Hearings Officer shall be final and conclusive, and shall be served upon the appellant, in the manner prescribed above for the service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 3024, amended, 08/3/2010) SECTION 6.04.200 Records. it shall be the d..._. ,.r ..Every licensee to-must keep and preserve for a period of not less than 3 years such books and records as will accurately reflect the number of employees for each license year. SECTION 6.04.210 Time of Effect. This Chapter shall take effect on July 1, 1976, and remain in effect until repealed. (Ord. 1880, 1976; Ord. 1938 1977; Ord. 2142 1981; Ord. ',a 631 1991 ) Ordinance No. Page 6 of 7 SECTION 2. 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 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2012, and duly PASSED and ADOPTED this day of 12012. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 7 of 7 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting Transient Occupancy Tax Ordinance Revisions to Accompany Other Ordinance Changes Concerning Short-Term Home Rentals FROM: David Lohman, City Attorney, david.lohman@ashland.or.us SUMMARY Changes proposed in Ashland's land-use code to establish new zoning provisions that would take into account the proliferation of short-term home rentals also have implications for related provisions in the code sections on the Transient Occupancy Tax ("TOT"). The attached proposed ordinance would amend the current TOT ordinance to reflect recognition of short-term home rentals as a type of transient lodging subject to the Transient Occupancy Tax. BACKGROUND AND POLICY IMPLICATIONS: The proposed inclusion of provisions addressing short-term home rentals in the City's zoning ordinances takes into account the rapid growth of the enterprise of internet-facilitated vacation rentals by owners. The proposed zoning provisions also implicitly recognize that such short-term home rentals are a type of transient lodging, similar in essence to bed & breakfast establishments, and should, therefore, be subject to the City's Transient Occupancy Tax set forth in AMC Chapter 4.24. A strong legal case can be made that the TOT ordinance already applies to vacation rentals by owners, but clarification and correlation of terms with other ordinances affecting such vacation rentals would likely facilitate both compliance and enforcement. The following list summarizes the noteworthy proposed changes to the transient occupancy tax requirements in AMC 4.24. 1. The key term defined in Section 4.24.0 10 is proposed to become "transient lodging" instead of "hotel" and is defined so as to unambiguously include all forms of short-term lodging for a fee, including hotels, motels, bed & breakfast establishments and short-term home rentals. 2. Transient lodgings are defined to be those for periods of less than 30 consecutive calendar days. Lodging for periods of more than 30 consecutive days is implicitly excluded from the definition to be consistent with the state statute authorizing transient lodging taxes. 3. New definition of "rent" makes clear that it means not only the amount paid to the operator for use of the"lodging facilities, but also amounts paid for booking and reservations, whether or not the operator is the one receiving the payments. 4. Hostels and home exchanges are exempted from the TOT. 5. The appeal process is altered to utilize the procedures in the City's standard appeal process set forth in AMC 2.30. Page I of 2 CITY OF ASHLAND FISCAL IMPLICATIONS: Enforcement of TOT requirements on operators of short-term home rentals who have not previously collected such taxes from their renters will require dedication of increased staff time. At least to some extent, these costs should be offset by increased TOT revenues to the City. The likely amounts of time and funding required are not determinable at this time. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed changes to the Transient Occupancy Tax in AMC Chapter 4.24. SUGGESTED MOTION: I move to approve first reading by title only of the ordinance titled "An Ordinance Amending AMC Chapter 4.24 Transient Occupancy Tax" and to forward it on to second reading. ATTACHMENTS: Proposed Ordinance Page 2 of 2 I`, ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 4.24 TRANSIENT OCCUPANCY TAX 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, the applicability of the State and City Transient Occupancy Tax to short term home rentals has been unclear heretofore. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.24 Transient Occupancy Tax is hereby amended to read as follows: SECTION 4.24.010 Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: A. Person shall means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. B. Hotel shall mean an), > or on), portion of an), strueture, whieh is , hotel, or- intended or designed for- oeeupaney by, transient for dwelling, lodging or sleepin purposes, and ineludes an), house, inn, tourist home or motel, hotel, studio bfieheler hotel, lodging house, r-ooming house, apai4ntent house, dermito",, publie or private elub, mobile home or house trailer at a fired loeation, or other- simila structure or- portion thereof. Transient Lodging means property which is used or designed for occupancy by transients for dwelling, lodging or sleeping purposes and which is rented or for rent on a daily or weekly basis to transients for a charge or fee paid or to be paid for rental or use of facilities. Hotels, motels, inns, traveler's accommodations as defined in AMC 18.08.795, short-term home rentals as defined in AMC 18.08.658, mobile homes or house trailers at recreational vehicle/camping narks or other fixed locations, or other similar structures or portions thereof which meet the above criteria are transient lodgings for purposes of this Chapter 4 and Chapter 6. Ordinance No. Page 1 of 9 C. Occupancy shaWmeans the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel transient lodgings or- r-eereationa dwelling, D. Transient shall means any person who exercises occupancy or is entitled to occupancy in a hotel transient lodging reat`onal veh`ele/eampin^ paAr by reason of concession, permit, right of access, license or other agreement for a period of less than thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a transient lodging hotel or -eereatie vehiele/eamping park shall be deemed to be a transient until the period of thirty (30) consecutive days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether- a person is it transient, uninterrupted periods of time expending both prie and subsequent to the effeetive date of this ehapter may be eonsider- E. Rent shall means the total consideration valued in money eharged paid by a transient for booking, reservations, and occupancy of space in a transient lodging, whether such consideration is received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without a deduction therefrom whatsoever and whether or not such consideration is received by the operator, for- the oeeupan r ^ 1 otel ° eational vehiele/ea...ping par-k valued in money, whether to be reeeived in money, goods, labor or 1 nature, ineluding all r-eeeipts, eash, eredits, and property and sen,iees of any kind or without a deduction therefrom whatsoever. Rent is the t^bJ e sideration paid by ° transient for oeeupane of a room or space. In addition to the amount charged for booking, reservations and room lodging, rent includes charges by operator for meals, parking, telephone, and other items unless such items-charges by operator are separately incurred and specifically itemized on a duplicate customer pre-numbered receipt. Rent 1., thi t..t..l . sideration paid by a transient. F. Operator shall-means the person who is proprietor of the transient lodging, hotel er ..ehielele^-- ping °a-'-, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. where-If the operator performs any functions or eharging-charges or reeeiving-receives rent through an agent of any type or character other than an employee, the agent shall also be deemed an operator for the purposes of this chapter and shall have the same dirties-obligations and liabilities as the principal. Where the operator is a corporation, the term operator shall also includes each and every member of the Board of Directors of such corporation for the time involved. Compliance with the provisions of this chapter by either the principal or the agent shall, however, be considered to be compliance by both. G. Tax Administrator AmN-means the Director of Finance of the City of Ashland, or designee. H. Recreational Vehicle/Camping Park shall means a development designed principally for the transient housing of travel trailers, mobile homes, tent trailers, motor homes, and for tent camping. (Ord. 1907, 1977; Ord. 1975, 1978) 1. Accrual Accounting. A system of accounting in which the operator enters the rent due from a transient into the record when the rent is earned, whether or not it is paid. J. Cash Accounting. A system of accounting in which the operator records the rent due from a transient when it is paid, regardless of when the person occupies the room. Ordinance No. Page 2 of 9 K. Full Breakfast. A complete meal served to occupant of the room consisting of a minimum of three prepared items plus beverage. The full breakfast must be served on dinnerware and presented in a common area furnished with table(s) and seating, not in a restaurant open to the public. (Ord. 2632, 1991) SECTION 4.24.020 Tax Imposed For the privilege of occupancy in any hotel-transient lodging, each transient is subject to and shalt-must pay a tax in the amount of nine (9%) percent of the rent ehar-ged by the operato total rent paid by a transient, as defined in Section 2.24.010E. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel transient lodging at the time the rent is paid. The operator shall must collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned if the operator keeps records on the accrual accounting has basis. If the rent is paid in installments, a proportionate share of the tax shall must be paid with each installment. The unpaid tax shall is be-due upon the transient's ceasing to occupy space in the transient lodging hotel. If for any reason the tax due is not paid to the operator of the hotel transient lodging, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. (Ord 1907, 1977; Ord 2024 S1, 1979; Ord 2632, 1991; Ord 2674; 1992; 2960, amended, 10/01/2008) SECTION 4.24.030 Exemptions. No tax shall be imposed upon: A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided; B. Any occupant whose rent is of a value of $15.00 or less per day. This amount shall-will be adjusted on July 1 of each year based on the change in the Portland Consumer Price Index. (Ord. 2216, 1982; Ord. 2745, 1994) C. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law of international treaty. D. The amount attributable to one full breakfast per day for a transient at a Bed and Breakfast establishment. However, in no case shall the exemption exceed the greater of 10% of the total amount charged per transient or $10.00 per day. This amount shall be adjusted on July 1 of each year based on the change in the Portland Consumer Price Index. E. Any room donated to a non-profit organization claiming exemption under IRS code 501. F. Any room rented by the Ashland Interfaith Care Community, or such other organization specifically recognized by the City Council for providing services to the homeless, for occupancy by a homeless person or persons. (Ord. 2692, 1992) G. Any hostel, as defined in AMC 18.08.315. H. Any home occasionally exchanged with a home outside the City without payment of rent. No exemption shall be granted except upon written claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. (Ord. 1907, 1977; Ord. 2632, 1991) Ordinance No. _ Page 3 of 9 SECTION 4.24.040 Operator's Duties. Each operator shall must collect the tax imposed by this chapter, to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall must be separately stated from the amount of the rent charged, and each transient s, must, upon demand, receive a receipt for payment from the operator. No-The operator of a transient lodging hotel shall must not advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereafter provided. Every operator required to collect the tax imposed herein shall be entitled to retain five percent (5%) of all taxes collected to defray the costs of collections and remittance. (Ord. 1907, 1977; Ord. 2632, 1991) SECTION 4.24.050 Registration. Within thirty (30) days after the date of adoption of this chapter or within thirty (30) days after commencing business, whichever is later, each operator of any hotel transient lodging or must shall register said hotel transient lodging or reereational vehiele/eamping park with the Tax Administrator and obtain from him/her a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel transient lodging park; C. The date upon which the certificate was issued; and D. The following statement: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of this part by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel transient lodging or r-eerentional vehiele/eamping park without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." (Ord. 1907, 1977; Ord. 1975 S3, 1978; Ord. 2632, 1991) SECTION 4.24.060 Reporting and Remitting. Each operator must shall, on or before the 25th day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the Tax Administrator, on forms provided by the City, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected must shall-be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if he/she deems it necessary in order to insure collection of the tax and the Administrator may require further information in the return relevant to payment of the liability. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter Ordinance No. Page 4 of 9 shall-will be held in trust for the account of the City until payment thereof is made to the Tax Administrator. (Ord. 1907, 1977; Ord. 2632, 1991) SECTION 4.24.070 Penalties and Interest A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, must shall pay a penalty of ten percent (10%) of the amount of the tax, in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent, must shall pay a second delinquency penalty of ten (10%) percent of the amount of the tax in addition to the amount of the tax and the ten (10%) percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25%) percent of the amount of the tax shall-will be added thereto in addition to the penalties stated in subparagraphs (A) and (B) of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter must shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045.D (Ord 2983, amended, 05/05/2009) SECTION 4.24.080 Failure to Collect and Report Tax--Determination of Tax by Tax Administrator. If any operator should fail to keep adequate records or refuse to collect said tax, or to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of the tax due. As soon as the Tax Administrator shaWprocures such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may within ten (10) days after the serving or mailing of such notice make an appeal of such determination as provided in Section 4.24.090 of this chapter. If no appeal is filed, the Tax Administrator's determination is final and the amount thereby is immediately due and payable. (Ord. 2632, 1991) Ordinance No. Page 5 of 9 SECTION 4.24.090 Appeal. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal ' Dursuant to AMC 2.30. to the City by, filing a notiee of appeal with the City Administrator- within fifteen (15) days of the sen,ing or mailing of the determination of tax due. The Couneil shall fix a time and phkee for- hearing sueh appeal, and the Gity Administrator- shall give five (5) days wr-itten notiee of the time and pinee of hearing to sueh operator- at the lost known plitee of address. T- he- Couneil shall hear- and eensider on), reeords and evidenee presented bear-ing upon the Administrator's u determination of amount up and make findings , modifying the determination. The Findings of the Couneil Hearings Officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 2632, 1991) SECTION 4.24.100 Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three (3) years, all such records as may be necessary to determine the amount of such tax. The Tax Administrator shall have the right to inspect all records at all reasonable times. Every operator must shag, at a minimum, maintain guest records of room rents, accounting books and records of income. The operators must shell, at a minimum, include n these records a daily room rental register, a cash receipts and deposit journal. These records and books must shall reconcile to the transient room tax reports and be auditable. They must shall also reconcile to the operator's income tax reports. If the Tax Administrator finds the books and records of the operator deficient, in that they do not provide adequate support for transient room tax reports filed, or the operator's accounting system is non-auditable, it shall be the the operator to reve their must modify the transient lodging's accounting system to thesatisfeetion meet the requirements of the Tax Administrator. SECTION 4.24.110 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subparagraphs (B) and (C) of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three (3) years of the date of payment. The claim must shell-be on forms furnished by the Tax Administrator. B. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received 'When it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once, or erroneously or illegally collected or received by the eity Cam, by filing a claim in the manner Ordinance No. Page 6 of 9 provided in subparagraph (A) of this section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, established to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes that right hereto by written records showing entitlement thereto. SECTION 4.24.120 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the eity Cam. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2931, Amended, 09/19/2006) SECTION 4.24.130 Violations All vViolations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. Fail or refuse to comply as required herein; B. Fail or refuse to register as required herein; C. Fail or refuse to furnish any return required to be made; D. Fail or refuse to permit inspection of records; E. Fail or refuse to furnish a supplemental return or other data required by the Tax Administrator; F. Render a false or fraudulent return or claim; G. Fail, refuse or neglect to remit the tax to the eity City by the due date. Violation of subsections A-E and G above shall be considered a Class 1 violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or eity City ordinance. (Ord 3023, amended, 08/03/2010) Ordinance No. Page 7 of 9 SECTION 4.24.140 Confidentiality Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this Ordinance. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a hotel er reereationalvehiele/eamping pa ; transient lodging' or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim for amount due the City under this chapter; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E. The disclosure of records related to a business's failure to report and remit the tax when the report or tax is in arrears for over six months or the tax arrearage exceeds $5,000.00. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (Ord 3023, amended, 08/03/2010) SECTION 4.24.150 Examining Books, Records or Persons. The City, for the purpose of determining the correctness of any transient occupancy tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designed by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax returns, bearing upon the matter of the transient occupancy tax return. (Ord. 2632, 1991) SECTION 2. 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 3. 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 Nos. 2-3) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder Ordinance No. Page 8 of 9 SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 9 of 9 CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting First reading of an ordinance amending sections 18.08, 18.24 and 18.28 of Ashland's Land Use Ordinance relating to approval, management and licensing of Traveler's Accommodations and Short Term Home Rentals. FROM: Bill Molnar, Director, Community Development, bill.molnar@ashland.or.us SUMMARY The draft ordinance describes minimum requirements for establishing and operating short term home rentals within Ashland's multiple family zoning districts, R-2 and R-3. Operation of a short term home rental would require a conditional use permit, with a limitation that a person holds not more than one conditional use permit for a short term home rental. Also included are standards for the management of a short term home rental, such as providing notification to surrounding neighbors, posting of local contact information and "house policies" within the rental, as well as specifying the owner's responsibility for obtaining a business license, payment of transient occupancy tax and keeping up to date with fire safety inspections. Additionally, the ordinance makes it clear that it is a violation of Ashland's municipal code to "present or offer" the availability of a property for short term rental without first obtaining land use approval, a business license and a transient occupancy tax registration. BACKGROUND AND POLICY IMPLICATIONS: In August 2012, Council held a study session for staff to present an overview of the variety of issues commonly associated with short-term vacation rentals. Council requested both the Planning and Housing Commissions evaluate the City's current land use requirements for short term rental accommodations and forward a recommendation to Council for potential action. At their March 5, 2013 meeting, the Council reviewed the recommendations of both the Planning Commission and Housing Commission and took public testimony. The Council directed the Planning Commission to work with staff to prepare changes to the land use code that would: permit the operation of non-owner occupied, short term home rentals as a conditional use within multiple family zones (R-2 and R-3); require short term home rentals to abut or be within 200-feet of a city boulevard (arterial) or avenue (collector) street; and not set a specific limit on the total number of short term home rentals permitted within the city limits. Proposed Ordinance - Summary of Amendments Section 1 of the proposed ordinance includes new definitions. "Short-Term Home Rental" has been defined and the existing definition for "Traveler's Accommodations" slightly amended. By definition, a short term home rental involves leasing the entire dwelling unit and does not include rental of individual rooms within the dwelling unit, which currently is possible through a traditional traveler's Page 1 of 4 11FAWA CITY OF ASHLAND accommodation/bed and breakfast operation. Additionally, "Primary Residence" has been defined in order to provide clarification as to what factors will be considered in verifying that the site of the traveler's accommodation is the "primary residence" of the business owner. Section 2 amends the R-2 - Low Density Multiple Family Zoning District, adding "Short Term Home Rental" to the list of conditional uses. As a conditional use, a short term home rental will be subject to a variety of standards that have been outlined in the proposed ordinance. The standards have been divided and grouped into three areas: General Requirements, Management; and Licensing, Taxes, Inspection and Advertising. Finally, the existing Traveler's Accommodation section (I 8.24.030J.) has been amended to provide consistency in areas related to fire inspections, licensing, payment of taxes and advertising. Discussion point: Does the Council wish to expand the number ofproperties eligible to make application./or a CUP to include all R-2 and R-3 properties within the Ashland Historic District? The recommended ordinance forwarded by the Planning Commission proposes an increase in the number of properties eligible to operate a short term home rental through a conditional use permit. Not only are properties within 200-feet of a major street (boulevard, avenue, neighborhood collector) eligible, but all multiple-family zoned properties within Ashland's Historic Districts (see attached map). It was the desire of the Planning Commission to create more opportunity for short term rentals to be established within walking distance of the downtown. While not all locations within the historic district are within a ten minute walk of the downtown boundary, it is generally accepted that these four nationally recognized areas are located in relatively close proximity to the downtown, when compared to other R-2 and R-3 neighborhoods. Discussion point: Are the provisions for management of a short-term rental, as outlined in the ordinance, .sufficient to address neighborhood concerns since the presence of an on-site owner or manager is not a requirement? Following a conditional use permit approval for a short term rental, the owner is required to send notice to neighboring properties informing the owners of certain limitations placed upon the use should anyone have any concerns or complaints. The information would include the name of the local contact responsible for responding to questions and concerns, the maximum number of persons approved to occupy the house, conditions of the planning approval and identification of a city staff contact should there be additional questions. Management of these short term rentals includes posting of `House Policies" that describes the responsibilities of the occupants with respect to required quiet hours, restrictions on amplified sound, parking in designated parking areas and limits on group gatherings. The proposed code language imposes a restriction such that a person not hold more than one conditional use permit for a short term home rental, use. This is intended to limit the attractiveness of these operations as a significant investment opportunity, in order to reduce the extent of impacts to the community's long term housing stock. This has been an issue in some communities where limited liability corporations purchase several properties with the intent to operate the buildings as short term home rentals. Discussion point: Should the ordinance include a provision that requires a local fire inspection following the initial land use approval and periodically thereafter? It was brought to Council's Page 2 of 4 I1, CITY OF ASHLAND attention at the March meeting that the Oregon Fire Code allows but does not require inspection of those transient accommodations that sleep ten or fewer. The City has the authority to adopt an ordinance requiring fire safety inspections for short term rentals as well as in bed & breakfasts that sleep fewer than ten. A memo provided from Ashland Fire Department has requested such language, which has been included in the proposed code amendment. Section 3 amends the R-3 - High Density Multiple Family Zoning District, adding "Short Tenn Home Rental" to the list of conditional uses. The proposed amendments included in Section 3 are identical to those in Section 2. Impacts on Rental Housing Utility billing information was evaluated in order to determine the likelihood that properties currently operating as unlicensed short tern rentals, without the prerequisite city approvals, were previously offered and used as long term rentals. Staff analyzed utility account information of approximately 40 properties and found that 16 (40%) were used as long term rental properties over the last 10 years. Consequently, concern over the potential that increased numbers of short term home rentals will reduce the community's supply of long term rental housing appears to be supported by a review of utility account information. Single-Family Zones (R-1) All types of transient accommodations are currently prohibited as permissible uses within a single- family zoning district, including but not limited to hotels/motels, traveler's accommodations (B&Bs) and short term rentals. Of the approximately 70 properties that the City Code Compliance program has collected information for suspected short term rental activity without the appropriate city approvals, approximately 45 properties (70%) are located in single-family zoning districts. An increasing number of single-family property owners have requested, either through testimony, email or phone calls, that the City consider allowing, with regulatory oversight (such as a conditional use permit), short term rental use in single family zones. The Planning Commission discussed this matter and has suggested that Council may want to consider directing staff and the Commission to further study the issue. The Commission believes that under the right circumstances, limited operations within a single-family zone could be allowed without harming the character of the neighborhood, if subject to similar measures as are recommended in multi-family zones. The Commission discussed the potential for restricting on an annual basis the total number of days that a single-family property owner might operate a short term rental. The property owner might be permitted to either lease their home for less than 30 consecutive days when they are out of town for extended periods, or rent a bedroom on a short term basis as a way of receiving some additional income. This could be more restrictive than the changes proposed for multi-family zones, by limiting the total number of days of operation and requiring that the property be primary residence of the applicant/owner. FISCAL IMPLICATIONS: There are potential fiscal implications to the City should the Council wish to adopt changes to the Land Use Ordinance that increase opportunities to establish and operate a short term home rental. Additional short term home rentals approved through the proposed code amendments would be subject to a Page 3 of 4 IAI, CITY OF ASHLAND variety of city fees, including those established for a land use application, fire safety inspection, business license, and transient occupancy tax. Other communities which have struggled with the issue of how to address the growing numbers of short term home rentals have noted concerns over potential impacts to city services and needed long term housing. In some instances, short term home rentals have shown to increase water and energy usage, while some communities have identified a loss in long term house rentals. Ashland's Housing Program for many years has focused on implementing strategies designed to maintain and increase the variety of housing choices through innovative land use actions and policies, as well as by providing monetary incentives. A reduction in long term housing stock resulting from a relaxation of land use requirements for short term rentals could present new challenges to the housing program, which may or may not have fiscal implications. STAFF RECOMMENDATION AND REQUESTED ACTION: The draft ordinance developed by staff and Planning Commission largely reflects the direction given by Council at the March 5, 2013, meeting. The one exception is that the ordinance incorporates the Planning Commission's recommendation that all multiple-family zoned property within Ashland's Historic Districts be eligible for receiving approval of a conditional use permit to operate a short term home rental. This would be in addition to those properties eligible because of their location within 200- feet of a boulevard, avenue or neighborhood collector. The Commission noted that short term rentals located within Ashland's historic districts and in proximity to the downtown provides an opportunity for visitors to walk to key community attractions. These historic district neighborhoods, however, are also highly desirable for full-time residential living given their exceptional walking environment and location relative to the downtown, public parks, shops, services and transit. Should Council believe it is appropriate to expand the geographic area so as to include all multiple- family zoned lands within Ashland's historic districts; the ordinance should then be approved as written. SUGGESTED MOTION: 1 move to approve 1" reading of an ordinance amending sections 18.08, 18.24 and 18.28 of Ashland's Land Use Ordinance relating to approval, management and licensing of traveler's accommodations and short term home rentals. ATTACHMENTS: • Ordinance amending sections 18.08, 18.24 and 18.28 of Ashland's Land Use Ordinance relating to Traveler's Accommodations and Short Term Home Rentals • Map - R-2 and R-3 zoned properties, within 200-feet of a Boulevard (Arterial) or Avenue (Collector) • Map - R-2 and R-3 zoned properties, within 200-feet of a Boulevard (Arterial) or Avenue (Collector),and including the boundaries of Ashland's Historic Districts • Record for Planning Action 2013-00593 - Legislative amendment to Ashland's Municipal Code relating to Traveler's Accommodations and Short Term Home Rentals Planning Commission Recommendation Page 4 of 4 1r, ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.030 AND 18.28.030 OF THE ASHLAND LAND USE ORDINANCE RELATING TO TRAVELER'S ACCOMMODATIONS AND SHORT TERM HOME RENTALS IN MULTI-FAMILY RESIDENTIAL DISTRICTS. 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, the City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of residential dwellings are being rented to transients on a short-term basis for less than thirty (30) days; and WHEREAS, the City Council has determined short-term rentals of dwellings is a business activity which escalates demand for City services; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council finds that non-owner occupied, short-term rental of dwellings is not currently listed as a permitted or conditionally permitted use in any residential zoning district in the City; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit short term rentals within the City in order to ensure the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long-term resident of neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and Ordinance No. Page 1 of 12 WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby amended to newly include the following definitions: 18.08 Definitions 18.08.605 Primary Residence The property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer's principal residence. In addition to the taxpayer's use of the property, relevant factors in determining a taxpayer's principal residence, may include, but are not limited to: (i) The taxpayer's place of employment; (ii) The principal place of abode of the taxpayer's family members; (iii) The address listed on the taxpayer's federal and state tax returns, driver's license, automobile registration, and voter registration card; (iv) The taxpayer's mailing address for bills and correspondence; (v) The location of the taxpayer's banks; and (vi) The location of religious organizations and recreational clubs with which the taxpayer is affiliated. 18.08.658 Short-Term Home Rental Rental of a dwelling unit in a residential zone for less than a consecutive 30-day term is a "Short- Term Home Rental," as is rental of a dwelling unit on two or more occasions within any 30 day period. Rental of individual rooms within a dwelling unit is not within the definition of "Short-Term Home Rental" as used in this chapter, and the provisions herein for approval of short-term home rentals under certain conditions do not apply to rental of such individual rooms. 18.08.795 Traveler's Accommodations Any establishment in a residential zone having rooms or dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to be paid for rental or use of such facilities for a period of less than thirty (30) consecutive days. Dwelling units Ordinance No. Page 2 of 12 used for short-term home rental, as defined in Section 18.08.658, are not traveler's accommodations as defined herein. SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.24.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical, or similar schools. C. Manufactured housing developments subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. L Retail commercial uses located in a dwelling unit within the Railroad Historic-District approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft. in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half (%z) time employee (up to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a street having a fully improved sidewalk on at least the side occupied by the business. The street shall be a fully improved street of residential City standards or greater. 1 (Ord: 2v694 c~ S2,r7rvc-~c~cv Ord. 1991r . delet .d 2942 ....S2,.... , ~ 2007\ ~,-vrv--cT J. Traveler's accommodations, subject to the following: 1. That a All residences used for travelers accommodation must be business-owner occupied. During operation of a traveler's accommodation, the property on which the traveler's accommodation is sited must be the primary residence of the business-owner. The business . - shall be -,,,...:_ed reside the pfE)pe-t.. the aeeomffiedation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such.lease agreement must to-specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. The property is located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication May in the City's Ordinance No. Page 3 of 12 Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. 3.4. That the The number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the business-owner's ewners unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed n 9 per approved traveler's accommodation with primary lot frontage on a boulevard arterial streets. For traveler's accommodations without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue or neighborhood collector street, the -he-maximum number of units shall be seven., 7 p approved trayelef's „ edatiefi with withe-••4 "'ifflaf . 1°t ffontage on designated eelleetef e having primary f entage on an ai4erial and within 200 f et of an arterial Street designations shall be as determined by the official Street Dedication Map of the Ashland Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. Di anees shall be measured via a ..ubli° street ° alley b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 4.-5: That the The primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 5.-2-. That each Each accommodation unit shell must have 1 off-street parking space and the owners business-owner's unit shell must have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 6.3. That only Only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6-. Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.-7-. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. Ordinance No. Page 4 of 12 O Thikt the property 1 ieh the traveler's n ..lotion i rated is loe ated . ithin 200 feet of a eolleetor or arterial street as deli noted in the City's Comprehensive Plan. Distanees shall be measured via a publie street or- alley to the site from the eolleet,... o ..t,...:..1 ueeess 9. Traveler's accommodations must meet all applicable building, fire and related safety codes at all times and must be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 10. The business-owner must maintain a city business license and pay all transient occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as required. 11. Advertising for any traveler's accommodation must include the City of Ashland Planning Action number assigned to the land use approval. 12. Presenting or offering the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. K. Short Term Home Rental, subject to the following: General Requirements 1. Rental of less than an entire dwelling unit is not subject to the requirements of this Section 18.24.030K. 2. Not more than one dwelling per parcel may be used as a short-term home rental. 3. The property must be located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Map, or is within the boundaries of Ashland's Historic District as designated in the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. 4. The dwelling used for the short term home rental shall be at least 20 years old. The dwelling may be altered and adapted for a short term home rental use, including expansion of floor area. 5. The total number of occupants staving overnight in the short-term home rental at any one time must not be greater than two times the number of bedrooms plus two persons, up to a maximum of ten (10) persons. 6. A minimum of two off-street parking spaces must be provided for the short-term home rental. Management 7. The conditional use permit for the short-term home rental must be in the name of the owner-applicant, who shall be an owner of the real property upon which the short-term home rental is operated. One person may be holder of not more than one conditional use permit for a short term home rental. The conditional Ordinance No. Page 5 of 12 i 1 i use permit is transferable upon a change in ownership through the ministerial procedure, and shall be subject to all requirements and criteria of this section. 8. The owner-applicant must on file with the city the name, telephone number, and email address of a local contact person responsible for responding to questions or concerns regarding the operation of the short-term home rental. a. The information required above must be posted in a conspicuous location inside the short-term home rental dwelling. b. The local contact person must be available twenty-four hours a day to accept telephone calls and respond to the short-term home rental matters within thirty (30) minutes when the short term home rental is rented and occupied. 9. Prior to April I't for each of the three years following approval of the conditional use permit or with a change in local contact, the owner must provide written notice to all neighboring property owners within a two-hundred (200) foot distance from the parcel on which the short-term home rental is located and include the following information: a. The name, telephone number and email address of the local contact person provided to the city pursuant to subsection K(8) of this section. b. The maximum number of occupants permitted to stay overnight in the short- term home rental unit. c. A copy of the conditions of approval and Planning Action number for the Conditional Use Permit approving the short-term home rental. d. Contact information for the city official that members of the public may report violations of the short-term home rental regulations or conditions of approval attached to the short-term home rental. 10. The owner-applicant must post "house policies" within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and enforced by the owner applicant or the owner-applicant's designated contact person. The house policies at a minimum must include the following provisions: a. Quiet hours must be maintained from 10:00 p.m. to7:00 a.m., during which noise within or outside the short-term home rental dwelling shall not disturb anyone on a neighboring property. b. Amplified sound that is audible beyond the property boundaries of the short- term home rental dwelling is prohibited. c. Vehicles must be parked in the designated parking areas. d. Parties or group gatherings must be limited to two times the number of occupants permitted to stay overnight in the short-term home rental dwelling pursuant to subsection K(5) of this section. 11. The owner-applicant must use best efforts to ensure that the occupants and/or guests of the short-term home rental do not create unreasonable noise or disturbances. Upon notification that occupants and/or guests of the short-term home rental have created unreasonable noise or disturbances, or committed violations of this code, the owner must promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. Licensing, Inspections, Taxes & Advertising Ordinance No. Page 6 of 12 12. Short-term home rentals must meet all applicable building, fire and related safety codes at all times and shall be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 13. The owner-applicant shall maintain a city business license and pay all transient occupancy taxes in accordance with Chapter 4.24 and Chapter 6.04 of this code as required. 14. All advertising for any short-term home rental must include the City of Ashland Planning Action number assigned to the owner-applicant. 15. Presenting or offering the availability of residential property for use as a short term home rental without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. L. Hostels M. Disc antenna for commercial use. N. Nonconforming use or structure changes required by Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.24.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.28.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical or similar schools. C. Manufactured housing developments, subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs, and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. r (Ord 2624 S3 1991; DELETED Ord 2942 c5.2007 accommodations, subject to the following: 1. Traveler's 1. TZ]wA-a-All residences used for travelers accommodation must be business-owner occupied. During operation of a traveler's accommodation, the property on which the traveler's accommodation is sited must be the primary residence of the Ordinance No. Page 7 of 12 business-owner. The business shall be _ -"a reside an the prepef4 , eeetipied by the accommodation, and eeettpaney shall be determined as the tfavelef's- the aeea mmodation "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must to-specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. The property is located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Map in the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. 3.4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the business-owner's eweer-'s unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed n 9 per approved traveler's accommodation with primary lot frontage on a boulevard af4erial streets. For traveler's accommodations without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue or neighborhood collector street, the maximum number of units shall be seven., 7 per approved t.". eler'" aeeemmedi t:".. with withou! primaryy lot having primary ffentage en aH aFt`.':"1 and within 200 f et of an afterial Street designations shall be as determined by the official Street Dedication Map of the Ashland Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. Distances shall be measured via " ..ublie street er "11".. aceess to the site from the eelleetor of arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 4.& That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 5.2-. T"teaeh Each accommodation unit shall must have 1 off-street parking space and the owners business-owner's unit shall must have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. Ordinance No. Page 8 of 12 6.3: That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size is he allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.-7-. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8.That the p , rty a L ieh the traveler's a edat:an is is located ..:H.:.. Inn feet of a eolleetor arterial street as designated in the City's Comp ehensiye Plan Distances shall be m red via a ..61:e street a alley neeess to the site from the eolleeter- or arter-W. 9. Traveler's accommodations must meet all applicable building, fire and related safety codes at all times and must be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 10. The business-owner must maintain a city business license and pay all transient occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as required. 11. Advertising for any traveler's accommodation must include the City of Ashland Planning Action number assigned to the land use approval. 12. Presenting or offering the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. I Short Term Home Rental, subiect to the following: General Requirements 1. Rental of less than an entire dwelling unit is not subiect to the requirements of this Section 18.24.030K,. 2. Not more than one dwelling per parcel may be used as a short-term home rental. 3. The property must be located within 200 feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Map, or is within the boundaries of Ashland's Historic District as designated in the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street or public alley to a lot line. Ordinance No. Page 9 of 12 4. The dwelling used for the short term home rental shall be at least 20 years old: The dwelling may be altered and adapted for a short term home rental use, including expansion of floor area. 5. The total number of occupants staving overnight in the short-term home rental at any one time must not be greater than two times the number of bedrooms plus two persons, up to a maximum of ten (10) persons. 6. A minimum of two off-street parking spaces must be provided for the short-term home rental. Management 7. The conditional use permit for the short-term home rental must be in the name of the owner-applicant, who shall be an owner of the real property upon which the short-term home rental is operated. One person may be holder of not more than one conditional use permit for a short term home rental. The conditional use permit is transferable upon a change in ownership through the ministerial procedure, and shall be subject to all requirements and criteria of this section. 8. The owner-applicant must on file with the city the name, telephone number, and email address of a local contact person responsible for responding to questions or concerns regarding the operation of the short-term home rental. a. The information required above must be posted in a conspicuous location inside the short-term home rental dwelling. b. The local contact person must be available twenty-four hours a day to accept telephone calls and respond to the short-term home rental matters within thirty (30) minutes when the short term home rental is rented and occupied. 9. Prior to April 1ST for each of the three years following approval of the conditional use permit or with a change in local contact, the owner must provide written notice to all neighboring property owners within a two-hundred (200) foot distance from the parcel on which the short-term home rental is located and include the following information: a. The name, telephone number and email address of the local contact person provided to the city pursuant to subsection K(8) of this section, b. The maximum number of occupants permitted to stay overnight in the short- term home rental unit. c. A copy of the conditions of approval and Planning Action number for the Conditional Use Permit approving the short-term home rental, d. Contact information for the city official that members of the public may report violations of the short-term home rental regulations or conditions of approval attached to the short-term home rental. 10. The owner-applicant must post "house policies" within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and enforced by the owner applicant or the owner-applicant's designated contact person. The house policies at a minimum must include the following provisions: Ordinance No. Page 10 of 12 a. Quiet hours must be maintained from 10:00 p.m. to7:00 a.m., during which noise within or outside the short-term home rental dwelling shall not disturb anyone on a neighboring property. b. Amplified sound that is audible beyond the property boundaries of the short- term home rental dwelling is prohibited. c. Vehicles must be parked in the designated parking areas. d. Parties or group gatherings must be limited to two times the number of occupants permitted to stay overnight in the short-term home rental dwelling pursuant to subsection K(5) of this section. 11. The owner-applicant must use best efforts to ensure that the occupants and/or guests of the short-term home rental do not create unreasonable noise or disturbances. Upon notification that occupants and/or guests of the short-term home rental have created unreasonable noise or disturbances, or committed violations of this code, the owner must promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. Licensing, Inspections, Taxes & Advertising 12. Short-term home rentals must meet all applicable building, fire and related safety codes at all times and shall be inspected by the fire department before occupancy following approval of a conditional use permit and periodically thereafter pursuant to Chapter 15.28. 13. The owner-applicant shall maintain a city business license and pay all transient occupancy taxes in accordance with Chapter 4.24 and Chapter 6.04 of this code as required. 14. All advertising for any short-term home rental must include the City of Ashland Planning Action number assigned to the owner-applicant. 15. Presenting or offering the availability of residential property for use as a short term home rental without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration is prohibited and shall be subject to enforcement procedures. K. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height. L. Hostels M. Disc antenna for commercial use. N. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation of nonconforming uses and structures pursuant to Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.28.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in Ordinance No. Page 11 of 12 full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 12 of 12 WNEV DA Sr ENEVAD T L~ Potential Short Term Home Rental Locations J Q . R-2 or R-3 properties within 200' of a Boulevard or Avenue NAPE o ~ Boulevards, Avenues, & Neigborhood Collectors r q~ a t- ~ I WI ER S h E ERS ST EHRSE Sr NUTS ST Q} MAIN ST RAWe + t' {rat I rU A r, NO, T J E-7- } QW Ix Ir w t= ro 0 > 4 Y W AS 'L ~ST D ~SNL ND j Z: o - I ~ o ~ c z t; LIJ Lr. i o m 0 2 AC HEY RD 0 C ST IE R ` G N 0 900 1,800 3,600 5,400 7,200 Feet VNEV DASI Potential Short Term Home Rental Locations W ! l' . R-2 or R-3 properties within 200' of a Boulevard or Avenue R-2 or R-3 properties within Historic Districts, ~ 'AA 5 Z 1 yet further than 200' from a Boulevard or Avenue ° D Boundaries of Ashland's Historic Districts I i WI ERS . Boulevards, Avenues, & Neigborhood Collectors Note: Planning Commission recommendation E ERS Sr EH E T as reflected in ordinance '0 I' O j 1 . l' w t r ILL N Si E MAIN ST 9 ~ i we ~ ` 777 11 i _ SH D • _ fl l 7 f N ACHEY RD~ a C ST IE R 5 0 900 1,800 3,600 5,400 7,200 Feet CITY OF ASHLAND RECORD FOR PLANNING ACTION #2013-00593 PLANNING ACTION: #2013-00593 DESCRIPTION: Amendments to Ashland's Municipal Code related to existing Traveler's Accommodations (i.e. B&Bs), as well as the establishment of non-owner occupied short-term home rentals within Multiple Family Residential Districts (R-2; R-3) DA1TE ITEM P7.G E # bA v".i:c`Y .SX "%y 7/08/13 Public Input: Marcus Smith 1 6/13/13 Public Input: Carl Litsinger 2 6/12/13 Public Input: Melody Jones 3 6/11/13 Planning Commission Meeting Minutes 4-13 6/11/13 Speaker Request Forms 14-25 6/11/13 Memo from Margueritte Hickman, Ashland Fire Marshall 26 6/11/13 Planning Commission Packet Agenda 27 Staff Report 28-32 Proposed Ordinance 33-43 Map of Potential Travel Accommodation Locations 44 City Council Meeting Minutes - 3/5/13 45-51 Memo to City Council from Planning Commission - 2/27/13 52-56 Memo to City Council from Housing Commission - 2/27/13 57 Draft Ordinance 59-64 Map of Potential Travel Accommodation Locations 65 RECEIVED JUL 0 2013 Bill, 1 am writing to oppose any ordinance that would allow vacation rentals in single-family neighborhoods. As a 30-year homeowner, I have first-hand experience of a VRBO across the Street. Inevitably, there are additional vehicles (and campers) vying for limited on-street parking, disrespect for the communal public streetscape, and =each Sunday evening - the clamorous arrival of one's new "neighbors" for the week. i Thanks for considering my views. I'm sure I'm not alone. Marcus Smith 175 Meade Street Ashland i Zimbra https:Hzimbra.asWand:or.us/zimbra/h/printmessage?id=81740 L Zlmbra molnarb@ashland.or.us . + Font Size - Planning Commission Meeting, Tuesday evening From : Carl and Shelia Utsinger <cslitsinger@gmail.com> Thu, Jun 13, 2013 11:21 AM Subject : Planning Commission Meeting, Tuesday evening To : molnarb@ashland.or.us, tbrownpc@gmall.com, rpkaplan@gmall.com, hmiller@jeffnet.org, tmpeddicord@gmall.com, sassetta@mind.net, mike @council.as hia nd.or. us To the Planning Commission: Thank you for allowing me to speak In favor of allowing Traveler's Accommodations in R-1 zones at Tuesday's meeting. I was pleased with the Commission's decision to consider this matter with reasonable restrictions Included. I am not completely familiar with accommodation terminology. My position specifically regards ADU's, or dwelling units located on a property where there Is also the owner's home. As long term travelers, my wife and I have stayed at such a unit at 79 Pine Street. Advantages of such accommodation Include: easy walking distance to town and Llthla Park, comfortable private living space, and food preparation facilities. As visitors, we have availed ourselves of many of the amenities of Ashland such as OSF, restaurants, film, and shopping. We have met neighbors and have become friendly with our landlords and others, resulting in a highly favorable opinion of Ashland, all thanks to this type of accommodation. In fact we have purchased a property and will soon become Ashland residents. I believe that one segment of traveler seeks out ADU's because of benefits I noted. This is not for everyone. These units, especially when owners live on the property, should not negatively Impinge on other types of accommodation, such as hotels or B&B's. Each has a niche. It makes sense to have more ADU's available In neighborhood locations. Cordially, Carl Lltsinger 1810 Mount Vernon Street Waynesboro, VA 22980 2 1 of 1 6/1712013 4:30 PM Zimbra https://zimbra.asWand.or.us/zimbra/Wprintmessage?id=81703 ~ I Zimbra molnarb@ashland:or.us + Font Size - last night's meeting From : Melody <meljones@opendoor.com> Wed, Sun 12, 2013 03:16 PM Subject : last night's meeting To : molnarb@ashland.or.us, tbrownpc@gmall.com, rpkaplan@gmail.com, hmlller@jeffnet.org, tmpeddicord@gmall.com, sassetta@mind.net, mike @council, ashia nd.or. us Mr Molnar and Ashland Planning Commission, Thank you for taking the time to read this. I was at last night's meeting concerning RI-3 vacation rentals. Please please, don't assume that a short term vacation rental is a primary residence. There Is NO WAY I'm going to leave my home to rent it out. For us and MANY people In Ashland, a short term vacation rental Is a SMALL SEPARATE COTTAGE (ADIJ) right on their property. My tenants live across the yard, right past the hammock. We are always around if they need something, and our place Is that much nicer because we always have guests. It's Imperative that you look at both of these types of vacation rentals differently. It's VERY different to rent out a whole house where 6-10 people might sleep (and bring cars) compared to renting out a small unit that only sleeps two. Also, It's a shame that the very experts, the ones that own the rentals, can't answer or ask a question to or for you. You have the pool of Information right there in those 70 or so people in violation, ask them the questions you need to ask In order to have better data. Thank you so much, Melody Jones 79 Pine Street Ashland, OR 97520 e 3 1 of 1 6/17/2013 4:31 PM CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES June 11, 2013 CALL TO ORDER Vice-Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan Dawn Lamb Debbie Miller Tracy Peddicord Melanie Mlndlin (Recused self from Agenda Item V. A.) Absent Members: Council Liaison: Mike Morris, absent ANNOUNCEMENTS New Planning Commissioner appointed by Council; Carol Davis past chair of the Public Arts Commission. Unified Land Use Code- Open House scheduled for Thursday, June 20th from 4:00-6:00 PM at the Community Center, 59 Winburn Way. An informal session for staff to update public on progress of update and an opportunity for the public to ask questions. CONSENTAGENDA A. Approval of Minutes. 1, May 14, 2013 Regular Meeting. 3. May 28, 2013 Study Session. Commissioners Kaplan/Brown mis to approve the Consent Agenda with changes. Motion passed 5.0. PUBLIC FORUM: None. DISCUSSION ITEMS A. Planning Action #2013.00593 Applicant: City of Ashland Description: Amendments to Ashland's Municipal Code related to existing Traveler's Accommodations (i.e. B&Bs), as well as the establishment of non-owner occupied short-term home rentals within Multiple Family Residential Districts (R-2; R-3). Commissioner Mindlin recused herself from discussion. Dawkins clarified that the first agenda item would be short-term home rentals. There will be two parts of this planning action discussed tonight; traveler's accommodations and establishment and operation of non-owner occupied short-term home rentals within multi-family zoning districts is the first item. Ashland Planning Commission June 11, 2013 Page 1 of 10 4 I 1 Staff Report: Molnar explained that revisions came about due to compliance activity regarding transient housing. Increasing numbers of short-term transient accommodations did not acquire proper zoning approvals or business licenses and were not paying transient occupancy taxes or commercial utility rates. Comments from the Planning and Housing Commission were forwarded as suggestions to the City Council. A public hearing was held and staff was directed to prepare an ordinance that provided an allowance for vacation short-term home rentals in multifamily zones. Interest was not placed on limiting numbers or geographic area other than within a multifamily zone and within 200 feet of an arterial or collector street. In multifamily zones there is a list of conditional uses and this amendment would add another conditional use alongside the Bed and Breakfasts (B&Bs) by adding short-term home rentals. The definition of a short-term would be "the short-term occupancy of a dwelling unit in a residential zone by the general public for a fee for a period of less than 30 consecutive days. The short-term rental shall not Include the rent of individual rooms within a residential dwelling unit." This limits renters to a dwelling unit, not just rooms in a house where several reservations could be obliged. That is an existing portion of the traveler's accommodations CUP. Molnar described the difference between traveler's accommodations and the short-term accommodations. The main difference between short-term and traveler's accommodations is that a short-term home rental does not require the owner to live on the property. Staff identified three areas of general requirements; management, licensing, and inspections, taxes, and advertising. The entire dwelling unit is required to be rented. It is not allowed to have more than one dwelling unit on a parcel that may be used as a short-term home rental. Use of more than one dwelling on a property requires obtaining a different conditional use permit for traveler's accommodations and owner must live on the property. Maximum number of guests is based on a formula structured after other communities. The standard is two guests per bedroom, plus two, but never to exceed 10 guests. The Planning Commission could chose to discuss this number. Under the management section an owner/applicant can only own one short - term home rental. Other communities have been having problems with investors or LLCs buying up several houses to make short-term rentals. Our intent is to decrease that attraction for investment purposes but to allow for different accommodations to be provided to visitors and an additional allowance for an individual property owner. Owners are required to identify a local contact person with further requirements on availability of that local contact person, provisions for noticing neighbors within 200 feet exists and as well as conditions of planning approval. Posting of house policies in regards to respecting neighbors in terms of noise and quiet hours. Lastly under licensing, inspections, taxes, and advertising It specifies requirements for an inspection by the fire department, a business license, transient occupancy tax registration, and to help ensure accommodations do have an approved CUP the license number should be included in advertisements. Advertising operation of these facilities without the proper due diligence is a violation of the code. Both travelers accommodations and short-term rentals must exist in a multifamily zone, be within 200 feet of an arterial or collector, and posses the same requirements for advertising. The advertising for traveler's accommodations is an addition to keep uniformity between the two types. Margueritte Hickman, AFD Division Chief/Fire Marshal, advocated an inspection for the short-term rentals and for travelers accommodations regardless of occupancy load. Discussion continues on how routinely that would occur, maybe every other year. Fire Marshal Hickman commented that the fire department's interest in inspecting the units is that the occupants will be in unfamiliar surroundings. This increases risk. Want to make sure adequate smoke alarms, proper addressing, and other items are in place. The fire and building code does not look at single-family dwellings with fewer than 10 occupants as an inspectable occupancy. This is an oversight when the use of the dwelling is used for short-term rentals. It is our intent to make the situation safer for the occupant and owner. Molnar clarified that this is a legislative change and the Planning Commission's role is advisory to the Council. Items is tentatively scheduled for public hearing and first reading on July 161^. Tonight will be recommendations on amendments for forwarding to the City Council. City Attorney Lohman proposed housekeeping changes and his main recommendation was to refer to guests as "occupants permitted to stay overnight". Ashland Planning Commission June 11, 2013 Page 2 of 10 5 Dawkins will address public discussion on short-term rentals first. People wishing to speak regarding the R-1 zoning will be heard, but the R-1 zoning is not part of what we will be forwarding to Council as part of the ordinance amendments tonight. We are taking input to revisit the R-1 zoning with council. This is a separate topic to be addressed similarly to the ordinance amendments being addressed tonight. Public Discussion: Laura Westerman, 250 Timberlake Dr, long time resident. Inherited family home located on Manzanita Street from parents and operated the property as a long-term rental. The home is a corner lot on a third of an acre. The house is located across from multi-family homes. The long-term renting did not cover costs and became difficult to maintain because renters did not take care of the residence very well. We changed it to short-term rental about a year ago and were not aware of being in violation. We have parking in the driveway for seven vehicles. The house is a three bedroom, two bath, with an additional sunroom. The house sleeps eight people. Time and money has been invested in the upkeep of the home. Personally enjoys staying in short-term rentals when traveling. Short-term works better for longer stays and in a group of multiple people, it is more comfortable and we are still contributing to the economy. It is a different type of rental and attracts different type of people. These businesses add dollars to the city coffer and City and residents need to look at these operations. It makes it possible for me to keep my family home. One day we intend to move into the home when we are older. This is a way for us to keep the home and share it with others. Corrine Lombardi, 1685 Old Hwy 99S. Owns two licensed vacation rental properties and receives state inspections every 2 years that cover the items addressed by the Fire Department. I don't see the value in a second inspection. One discussion that I would like to comment on is the insufficient properties for long-term rentals for people who want to live here full-time, and the short-term rental which is another definition of something that we already have. I have an E-1 zoned property and have CUP for hotel/motel that meets the requirements. We have zoning and accommodations to provide the goals to offer a different experience for guests. If the goal is to provide long-term housing for residents than taking more housing out of it is not appropriate. The non-compliance issue has been huge in this town, Until we can keep current on current compliance why add more regulation for additional items that would be very difficult to manage. I think there are twice as many illegal vacation rentals as legal rentals. How are you going to make sure that they are in compliance with all those conditions? One complaints guy is not going to accomplish this. The more regulations you impose then the less likely you are able to enforce them. Recommend that we use the current laws and make them work. Rather see results before the Planning Commission takes another step. Abi Maghamfar, Ashland Lodging Association, 451 N. Main Street. The Lodging Association consists of 48 licensed hotels, motels, B&Bs, and vacation rentals, cottages and all kinds of travelers accommodations. The association formed at the beginning of this year to deal with the illegal vacation rentals. There are presently 77 licensed establishments in the City of Ashland. Of the 77, 29 are cottages and homes. That is 38%. The notion that there are not sufficient homes for rent for short- term is purely nonsense. You can talk to operators and if they were at maximum occupancy all the time then there basis for creating more for those potential guests who like to stay in those types of facilities. In respect to proposed changes, the association met with staff and gave input and recommendations. But the bottom line comes to some of the vague and ambiguous definitions. Some of the conditions are purely unenforceable. By putting this on paper you cannot require someone to notify the neighbors once every year, or post the house rules where they are supposed to, who is going to go look for that? Overall the Association supports the notion if there is going to be a new category of vacation rental, that additional rules are required. If the commission's approach is to recommend to the Council to adopt such a resolution, then we support the rules and we want to make sure that they are enforceable. Colin Swales,143 8m Street. I share concerns about the reduction of long-term, full-time rentals but see this ordinance as a step forward. I find some things anomalous. First, the condition that the structure be at least 20 years old. The ordinance was introduced in the 1980s and now we are in 2013 which puts the date at 1993 for compliance. The original understanding was to provide some incentive to maintain the older houses, especially in the Historic District. Well, 1993 is no longer very historic. The 20-year timeline needs a bit of attention. Recalls a recommendation that the vacation rentals should be within walking distance of downtown to help maintain the historic district. The requirement for being 200 feet from arterial or collector creates strange donuts. Like to see the zone for these things to be more Iapcentric or taking into account the historic districts and support the rentals within walking distance of downtown. Appears to be car oriented at the moment and the last thing we want to encourage is people driving to the downtown. Bicycle amenities created by the Transportation System Plan should be Ashland Planning Commission June 11, 2013 Page 3 of 10 6 utilized to help fill in the donuts, Increase the 200 feet to maybe 300 feet. Looking at some outlying properties, they are way out from city center and makes the 200 foot requirement appear to be out of date from the modern thinking of the Transportation Plan. Russ Manzone, 249 Hillcrest, 9-year resident. Purchased a rental property and built an ADU on his primary property. Intending to retire into ADU and rent out main property in the future. Second rental was not able to be flipped as intended and they have retained it as a rental to offset cost. We live on the rental property and have been able to rent it out for long term but also as short term. We have many people who chose to stay where we are and we have recurring tenants. We have reciprocity with some of the B&B owners referring travelers. Nothing deviant was intended, we are trying to be in compliance. Jeff Jones, 79 Pine Street, own property that has ADU used as a long-term rental since 1999. We attempted to do a vacation rental to supplement income. This produces more revenue than a long-term rental. The modifications are useful to all visitors' accommodations. He would like the commission to consider provisions to allow travelers accommodations in R1 zones as well. Several reasons exist to support these rentals; it is a good thing for economy of the individual, puts money city coffers in taxes and they are safe units for people to stay in. They offer a different experience than hotel or B&B. Four past occupants have made Ashland their home. Consider modifying the R1 inclusion. Carl Lltsinger,1810 Mt Vernon St., Waynesburg, VA. Reiterated and supported Jeff Jones' sentiments regarding R1 designations. We have exclusively traveled for the last 5 years and stayed all over the country. They have stayed In Ashland on three separate occasions for in excess of a month each visit. We like to have accommodations close to downtown and easily accessible. Visitors improve the economic situation. We come to Ashland because it's unique; the theatre, the trails and other amenities. They use the VRBO (Vacation Rentals By Owners) to find accommodations. We prefer a place to stay with a kitchen and house space because we typically stay longer than a week. We feel a neighborhood experience is a huge plus. Having this type of accommodation is a good way to experience Ashland and supports expansion to the R1 zones. We have now purchased a house in Ashland. Kim Blackwolf, 354 Liberty Street. In support of ordinance changes. She assists a friend that uses her house as a rental since she has been relocated to work in California. Short-term renters take better care of rentals than long-term renters and seem to be nicer to the neighborhoods. Most short-term rentals have never been or are intended to be long-term rentals. Not stealing from long-term rental pool. There are not enough short-term rentals and this is a way to help support the economy and support our residents. People are looking for variety. The vacation rental is a new positive. This needs to be supported and made possible for all kinds of people to do if it fits in their neighborhood. She is still not comfortable with the 200-foot arterial distance requirement. Hard to make a living in Ashland and we need to support our residents. Input from people running short- term rentals is that they would love to be licensed and be paying taxes. It makes them part of the community. Lois Van Al 140 Central Avenue. She has owned a vacation cottage for 6 years and a runs a long-term rental on same property and never had any problems in the last 30 years of operation. The long-term rental is not as lucrative as short-term. We have short-term rentals in R-2 and R-3 with owner occupied on the site and this is not a new concept. We have CUPs that we follow. She is concerned with properties that are not owner occupied causing difficulties with management and enforcement. The City has enough to do. The R1 is not in discussion. Tonight the commission needs to look at what we have already and get the enforcement down before moving to the next steps. I think there is a lot of hearsay in the lack of accommodations in Ashland. There are no statistics or studies showing occupancy rates for vacationers. The perception is that there is a lack of housing. Her occupancy rates have gone down last 3 years as the rate of illegal rentals has gone up. It is hurting the legally operating short-term rentals. Ellen Campbell, 120 Gresham, owner of the oldest B&B in Ashland. The first owners were influential in creating the municipal codes relating to B&Bs and travelers accommodations. They wanted it to be owner occupied to restrict corporations from running the accommodations from afar. The environment has changed. The banking laws have changed and the real estate prices have increased. The larger B&Bs only exist, smaller B&Bs cannot make it financially viable. There has been a 56% decrease in B&Bs in Ashland over the last 15 years. After 2008 the banks no longer gave residential loans and B&Ba are forced to apply for commercial rates. Because we are treated as a commercial property we should have the right to not have to live in the B&B. We should be required to live within the city and be responsible. There are some B&Bs that exist In the E and C zones with the same customers with same level of service to guests. But I cannot fully use the property I have as a Ashland Planning Commission June 11, 2013 Page 4 of 10 7 i i commercial property. I have to live in mine. It is not required of storeowners to carve out valuable real estate to live in their stores. This is what is happening with the codes the way they are written. Peter Hawes, 431 Courtney Street, resident since 1973 and volunteers actively in the community. He speaks to the R-1 vacation home rentals. He wanted to make a short-term rental with his home but could not comply with the VRBO codes because residence is in R-1. He attended Council in March and did research and talked to many people in a similar situation. There are people who have owned their homes for extended times working and living in Ashland now are at a point to travel. Two issues with traveling: cost and home security if leave home vacant for 2-3 months. If in fact the commission was to consider R-1 travel accommodations, the arterial question would not work because most of people do not live with 200 feet of an arterial and being distanced from an arterial plays into a very good neighborhood experience. Knowing the neighborhood is a totally different experience than something close to the highway. Commission Discussion: Miller asked if a study or something exists that gives the rate of occupancy? Dawkins commented that the issues dealing with financial decisions were not part of the scope of defined issues the commission is to be looking at. The issue with foreclosure and people trying to support their homes is not part of the code. Therefore occupancy is not part of our discussion either. That is not something we are recommending to council. Brown felt the definition of short-term rentals is lacking. Clarifying the definition and the rules will move us to more detailed aspects. There are flaws and work that needs to be accomplished in respects to parking, occupant numbers, and other issues, but in general it begins the definition process. If left as is, there would be no definition in the current code to be enforced. He is in favor of where we are now. Molnar agreed that the definition is going round and round and goal is to make clear that it Is a different type of use for a home that can be rented out for less than 30 days and not renting out singular areas. Parking is awkward because we are trying to retain the character of neighborhoods and concern is creating too much parking on property for visual balance. Some existing single-family homes with larger families possess several more cars than space on the property allows. If keeping it consistent with SFH use then you have to have 2 parking spaces. And with allowances for on- street parking credits then overflow would be using on-street parking. Kaplan sticking just to reviewing the ordinance as proposed from a technical standpoint. On page 5 of 11, no. 8; "Owner/applicant should keep local contact on file with name, telephone number, e-mail address..." could that be defined as a management company as well? Could a management company work or a neighbor, or owner? Molnar fell the intent is that there needs to be someone and they need to be identified. Kaplan asked for that to be robust enough to be more than just "a person". Regarding the initial and annual notice of all neighboring properties within 200 feet he feels this Is difficult for an applicant to accomplish. Can the City provide that service? Kaplan supports posting of a sign annually. Molnar said the City could provide a mailing list in the approval packet. It is easily accomplished with County database system. We mirrored this from other communities. Broom supports noticing as is. It is reasonable to have written notices to neighbors annually and with technology, this is easily accomplished. As a neighbor I would expect to get a written notice. Molnar assured them that properties will get noticed during application process regardless. The original code required that for the first 3 years they had to go through a renewal where notices were sent out to neighboring properties within 200 feet and there was an associated fee. It seemed that if a property was not operating within the code, it would be the neighbors who would complain., It sounds like support of having the notice the first time is more reasonable. Peddicord voiced that it seems onerous for annual noticing and it becomes impractical for a short-term; an initial notice is sufficient. Miller supports noticing for 3 years of a new accommodation and she suggested that if the property management changes a notification should go to neighbors and occupants as well. Kaplan likes the trigger in information that a neighbor would need in order to report an Issue. Dawkins agrees with noticing. Kaplan called out Page 6, paragraph 10 C; "vehicles should be parked in designated areas." This allows for on street parking as well even though it does not say that? Could that be expanded with street parking if allowable? Brown thought that was covered by item 6 under short-term rentals; "a minimum of 2 parking spaces must be made available." Molnar clarified that it is required to have 2 spots on the property, but if on street is available then they can use that, but 2 spots are required on site. Peddicord supports the 2 spaces on the property because to increase it would create small parking lots and that is not going to be welcome in most residential neighborhoods. Brown said that If 10 tenants are allowed, assume 5 couples, that is 5 cars or more potentially. We would be allowing for up to 10 cars by having the occupancy called out as 10. This seems a little to lose to just say, "what neighborhood allows". Need to be able to control better. This is the biggest problem he has with allowing 10 Ashland Planning Commission June 11, 2013 Page 5 of 10 8 I 1 occupants. No discussion on maximum number occurred. Dawkins agrees on the parking, but sees parking as a reality and hopefully tenants will see parking as a pain and try to make other accommodations. Miller called out page 6, item 11, how is a permit revoked if the property owner is out of the area and the rental is not being kept up? Molnar said that currently under enforcement there is a condition for revoking CUPs. Attempts are made to contact the owner and than a public hearing is held to evaluate what conditions have been violated. The CUP can be revoked for a time and then they are allowed to reapply after that time. Issues typically come about because of a complaint. Dawkins commented that it fits into the 3-year annual noticing. Dawkins addressed the 200-foot arterial requirement. Kaplan understands rationale but it seems arbitrary and would like to see the requirement market driven. If a home is 210 feel from arterial, than why should we push them Into being illegal, like to see them encouraged to do it legally as opposed to black market rentals. No matter how this is done someone is going to be disadvantaged. He would like to help people if they are in an acceptable proper area with a marketable residence. Just because a property is within the 200 feet doesn't make it a desirable house to stay in. Substitute with other language or leave it out, he would feel better about the direction. Brown wants to leave it at 200 feet because of the expectations of buyers on who the neighbor is. Does not support the idea of putting anything you want anywhere in the city. There is always the ability to come in and apply for a variance. He supports having something clearly definable for potential buyers to know the expectations of the area. This is why we have ordinances and clear definitions. Molnar spoke to variance process and that it is based on target use for a zone and if still allows for multi-family zone than still have use of the property for long-term rental. The 200-foot zone gives discreet overlays within the communities for where you can apply, supporting what Brown said. This does work as an overlay district but try to balance impact on housing stock and how much of R-2 and R-3 is used for rentals. The collector and arterials go to commercial areas and it helps to keep traffic impacts in check. The preponderance of these uses need to be controlled so that they are not increasing traffic on the local street networks which are not designed for the Increased usage. Attempt to keep the traffic closer in proximity to a major street where it is designed for heavier traffic. Miller felt there is a balance of people who want an experience of living in a neighborhood and our concern of keeping traffic close to town. Some of the areas are too far for walking and there is a balance to find for the guest to feel like they are in a neighborhood and be close to downtown. Peddicord asked if exceptions could be made in the Historic or Railroad districts which are close to downtown but maybe out of the 200-foot radius. There still needs to be considerations for properties expanding out from the downtown core. Molnar recalled that the original intent of the 200 feet was to keep travelers close to a facility to accommodate greater traffic. Molnar said that requesting the creation of an overlay for downtown could be forwarded to council, but they have said they did not want to limit rentals geographically. Dawkins said there was another issue to discuss. It has been said that an owner cannot own more than one unit. The intent was to allow people to afford to stay in their homes without having corporations and LLCs buying up properties for rentals. All commissioners supported this requirement. Discussion ensued regarding the definition of walking distances and the use of the Historic District as a boundary. This was said to support walking distance and they support of utilizing older homes. Dawkins provided comment that a lot of historic is R- 1 and that is another conversation. Molnar clarified that if the motion said within walking distance it would only include the R-2 and R-3 homes. Notices are currently for initial application and then once a year before April 11t. The initial notice is sent by city and subsequently come from the operator. The change would be for the first three years and any change in contact. Take out the continuous notification. Brown asked for clarification on Page 5, Item 11 regarding duration of renting a rental. Can it be a consecutive rental for 30 days, then anothen,30 days and so on, or does it mean you can have so many rentals per year. Molnar clarified that the code now reads you can rent it continually as long as it is not to the same person. This is intended to be for use under 30 days and it requires a CUP to have that flexibility of use. It is a transient accommodation at that point and subject to transient occupancy taxes. The definition clearly calls out less than 30 days to be classified as a short-term rental, Ashland Planning Commission June 11, 2013 Page 6 of 10 9 Commissioners Kaplan/Miller motioned to recommend to City Council adoption of an Ordinance amending Chapter 18.08,18.24.030 and 18.28.030 of Ashland Land Use Ordinance relating to travelers accommodations and short-term home rentals in multi-family residential districts with changes as follows: Under Management, Item 9: owner shall provide written notice to all neighboring property owners within a 200 foot distance from the parcel on which the short-term vacation home rental is located for the first 3 years after approval of the Conditional Use Permit and whenever the local contact changes; The 200- foot requirement be modified to include 200 feet or within the boundaries of the Historic District. Roll call vote: Brown, opposed, Kaplan, Peddicord, Miller, Dawkins, ayes. Motion passed 1:4 in favor Vacation Home Rentals Recommendations (R-1 Zoning Designation): Molnar addressed the vacation home rental background. Discussions have ensued regarding properties in the single-family zones requesting the ability to operate vacation rentals. Current enforcement numbers show that 70 prosperities are out of compliance and 70% are in the R-1 zones. This shows an interest in operating establishments in this zone. The council directed staff to provide an ordinance that addressed R-2 and R-3. Some discussion did take place at the council level. For discussion purposes we looked at what type of change could be made to the R-1 zone to ease this type of use in. It was suggested using CUPS and add a new conditional use for a seasonal short-term rental or room rental that would be limited to operating for a period not to exceed 90 days in a calendar year. Two reasons seem prevalent as to why this is desirable, residents retire and want to leave for a few months out of the year and want house occupied, or there was an unexpected reduction in the number of residents and need extra income. The limit of 90 calendar days could be limited to the summer season. It would be the primary residence of the property owner avoiding the absentee notion. Requiring owner to reside on property still offers continuity to the neighborhood. A suggested provision of not more than one dwelling or room allowed, On a lot with a home and ADU the owner would chose one to use as rental. A limit on the occupancy should be less than R-2 or R-3 and we suggested 8 tenants maximum. These are some ideas for discussion. If you feel this is a valid issue for council to discuss this is an opportunity to weigh in. If you want to leave single-family zone districts as is, then we offer no recommendation to council. The Finance Department receives quarterly reports from rentals indicating how many days of operation with occupancy; a similar requirement would be put in place. Commission Discussion: Miller asked if the process would be the same as for R-2 and R-3 except for the limitation of 90 days. Molnar clarified that yes, all other requirements would be the same. What about commercial taxation on utilities? Molnar will need to talk to the Utility Department. It is not the primary use, the residence is. There could be division of sorts. Staff started at 90 days and there was no strict reason, it could be changed. Peddicord questioned the 70 properties that are out of compliance. Molnar said those are properties that information has been gathered on and of that 70, 50 have already received notification. Peddicord asked that if we expand into R-1 with these restrictions, is that onerous in terms of enforcement. Is there an existing backlog or it is caught up? Molnar was unsure whether compliance would be more onerous but some would voluntarily come in for compliance. Staff has not evaluated the complete impacts but one nice part is that the owner is residing on the property and is invested in the neighborhood. Council approved a new position for a code compliance officer. People do not always grasp how the compliance process works. These are new land use issues. They are resource intensive but in most land use we receive voluntary compliance. When we start the compliance there is a due process. Miller feels renting the house offers less impact than the construction of accessory units. It affects your backyard usage and traffic. Kaplan is in favor of some limited aspect of vacation home rentals in R-1. It allows people who it works for to operate legally and brings-revenue to the city, offers inspections. This encourages people to try. iitis too restrictive to say because you are in R-1 you cannot do it. Dawkins initial feelings come from the intent of what we are looking at of balancing long-term rental market and consideration of impact on established B&Bs. Not like to see Ashland turn into Sunriver. But understand the people who want to take off for a few months and rent out their house. It is admirable and he understands the security issue. I would like to explore this a bit more. We touched on historic districts and if we start expanding way out where we are having vacation rentals where people Ashland Planning Commission June 11, 2013 Page 7 of 10 10 r have to drive in and exacerbate parking issues then that is something we need to examine. With the R-2 and R-3 vie have brought in the historic districts I feel comfortable brining in R-1 rentals within the Historic District. Molnar said the commission could do a motion to have Council explore single family zones and add additional comments like limited durations and geographic areas this would give some parameters. It may come back from Council with further recommendations. Brown added to his comments that there is a need to explore but cannot do this without information. A seasonal mode will be hard to identify. The exploration between do nothing or everything is still wavering. The council should explore with necessary constraints by the fire department, city staff, and limited usage of a time frame or a seasonal frame. Miller feels there are still grey areas to explore especially because of the primary resident living on site. Does this imply that if someone is staying in the house that is not related, there needs to be special licensing? Peddicord likes the time constraints and geographic constraints, because the idea of no time constraints starts pushing into a long-term rental which could push the prices of long-term rentals in the downtown area higher and move the long-term rental inventory further out in the community. She supports both constraints. Dawkins felt that was a good observation and has heard similar concerns. Dawkins supports the time constraints with a limited number of days. Summer time seems to be when others want to be out of town. Brown exploration should look into the potential of R-1 properties becoming more valuable if they become income-producing properties. You start to drive up the cost of real estate. That is the switch off between long-term and short-term rentals. Kaplan said by imposing time, geographically and other limits it becomes less enticing. If we are not directed by Council to explore a desire to research this, than there will be no considerations for the R-1 zones. Commissioner Brown/Kaplan m/s at approve a motion to Inform the Council that we feel this Is an Issue that should be explored and areas for the R-1 seasonal short-term home rentals within the R-1 single-family resident districts be considered with: time constraints, geographic constraints, and economical constraints. Voice vote: Ayes, all in favor. Motion passed 5:0. Commissioner Mindlin rejoined the meeting in progress. B. Planning Action #2013.00545 Applicant: City of Ashland Description: Recommendation to the City Council regarding adoption of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock and bees. Staff Report Goldman presented modified changes to the ordinance: • Chickens, Ducks and other Domestic Fowl - ordinance allows for 1 adult and 1 juvenile per 1000 sq feet of lot area, 2 adult turkeys and 2 juveniles per 1000 sq feet of lot area, specifically prohibiting roosters, geese, and peacocks within the residential zones. • Rabbits - allowed when setback 75 feet from nearest street within a residential zone with maximum number of 6 adults and nursing offspring and kept within a hutch or fence enclosure. • Pygmy goats - 2 adults and nursing offspring allowed on less than 1 acre, more allowed if more than an acre. Pygmy goats were specifically identified as no larger than 95 Ibs and males to be neutered. • Bees - 3 hives on less than an acre, 5 hives on lots greater than an acre. Ordinance addresses flyaway barriers of 6 feet in height be supplied when hives are within 25 feet of property line in order to change trajectory of the bees when leaving the property. Onsite water is provided within 15 feet of hive. There are also maintenance requirements addressed in the ordinance. Ashland Planning Commission June 11, 2013 Page 8 of 10 11 i f Issues brought up during the last study session included: • Setting a maximum number of micro-livestock allowed per lot. The current ordinance limits total animals at 20 animals; 10 animals on a 5000 sq foot lot with an additional 2 animals for each 1000 sq feet of lot area. An editorial change for clarity will be made prior to Council to make sure that the plus 2 additional animals for each 1000 could be additive to the first 5000. • Keeping of animals in multi-family complexes: It is currently limited to single family residences on a single property. Consideration to expanding that to multi-family adds the amendment to the ordinance. Language states that it is allowed in multi-family zones as long as the property owner or property manager provides notification to the complex residents including a 24-hour emergency contact. Essentially that means that there is someone onsite as primarily responsible for animal care. This notification must also go to the City. They shall be located 20 feet from any dwelling at the complex or on adjoining property. Currently the ordinance for single family allows the enclosures to be closer to the primary residence as long as it is 20 feet away from adjoining properties. Area must be maintained regardless of change of building tenancy or ownership. Construction of accessory buildings or structures for purposes of housing the micro-livestock be subject to site review design standards. • Animal enclosure is unchanged. Only change was to include rabbit hutches no to exceed 40 sq feet in area or 40 sq feet per animal whichever is greater. And outdoor areas for runs now include rabbits as well as chickens. • Surplus items produced on-premises can be sold, but no resale of other products from other properties. Review process: Present to City Council on August 61h and scheduled for August 20Lh public hearing and 2nd reading. Public Discussion: Colin Swales,143 8m Street. Huge supporter of bee keeping. This is a huge cottage industry in the UK which he himself participated. Bees are kept in a busy close city center with no issues at all. The ordinance as written is very good. Learned when over in UK that the EU put out ban on neonicotinoid pesticides that are harmful to bees. Has Ashland considered imposing any similar ordinance? The US has different operations for beekeeping, most in huge commercial migratory beekeepers but this cottage industry is hugely popular in the UK and great for food production. Sarah Red-Laird, 285 Wightman Street. Wanted to be sure everyone saw the petition. She received 300 signatures on the petition in support of beekeeping which brings attention to the support of the beekeeping ordinance. Kim Blackwolf, 354 Liberty Street. Commend the work Goldman put forth to accomplish this ordinance. This is one of the most forward thinking ordinances anywhere. It creates structure and limits while keeping the opportunity for the community to create food. Multifamily induction is a great opportunity, Swales rejoined the discussion to question whether bees need water to make honey. Could this be a confusion with wasps? Isn't it quite the opposite? Goldman explained that the bees do need a water source and the idea is to keep bees from going to adjoining properties. Swales asked about observation hives within the house. There is nothing that would prohibit it, Goldman says this still falls under the 3 hives allowed. Commission Discussion: Mindlin had minor question on enclosure, what about rest of micro-livestock. Goldman clarified the language is inclusive of all the micro-livestock. Commissioners Dawkins/Peddicord m/s to forward on to City Council approval of Planning Action 2013.00545. No further discussion. Roll call vote: Peddicord, Miller, Brown, Kaplan, Dawkins, Mindlin, all AYES Motion passed 6:0. D. Other Business: ` Nomination and Motions for Chair and Vice Chair for the 2013.2014 Planning Commission. Miller motioned for Mindlin as Chair; seconded by Peddicord. No other nominations. Voice vote called. All ayes. Motion passed 5:0. Kaplan motioned for Dawkins as Vice Chair; seconded by Brown. No other nominations. Voice vote called. All ayes. Motion passed 5:0. Ashland Planning Commission June 11, 2013 Page 9 of 10 12 , ADJOURNMENT Meeting adjoumed at 9:39 PM. Ashland Planning Commission June 11, 2013 Page 10 of 10 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. 1Vamc l / 1~+I( 1' (please print) . 2 u Address (no P .O. Box) l'hmre / > mail ~6 Ih fOCG 0~~ (o!r/Ql ~~/fY Tonight's Meeting 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: The Public Meeting Lmv requires that all city meetings are open to the public. Oregon law does not always require that the public be perutitled to speak. The Ashland Plcmnir7g Conunission generally invites the public io speak on agenda ilems and during public forenn on non-agenda ilenrs unless lime. consn*aints limit public ieslintony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreavonably loud or disruplive are disrespectful, and may constifule disorderly conduct. Offenders will be requested to leave the roam. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. 14 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. ~Qf~//~hG' L7I/1~1"~J l Name (please print),/ Address (no P.O. Box) /1U~5 Ci~G(~ 7 ~Ll U I STS Phone 4S? 'S% 70 Email Tonight's Meeting Date r/ 1h 1 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: 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 Commission generally invites the public to speak on agenda items and duringpublie forma on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and mcry 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. 15 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. I , Name ~l:Cs'."tea, l.,t.C.~...s:t•<?A^l^r~'a. 1'~ (please print) 1 Address (no P.O. Box) a ~l1rr~Y7P t' n 1 PhoneD ( ) 17 tj'( Email 61 uCw 'te i VYt f V) Tonight's Meeting Dateu if 11-5 _ ~Cl *egular Meeting Agenda item number Q(u 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 tine public. Oregon law does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda. items unless tinve constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the romn. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. 16 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 l~J t~ t L~~ (please print) Address (no P.O. Box) Phone.` M mail ~v l G'L7 ti\m'b Tonight's Meeting Date Regular Meeting Agenda item number A 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 Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time eonsb•airtts limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and siricily follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or 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. 17 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 l (rS,i (please print) Address (no P.O. Box) ! % - ~1 CV e .S II } -Phone) / ~~J.S~`~Jr~a~Email V'rVI.FlI~.?.O?JC= ~ bsn I /~'t/1'~Cd,•'1!! Tonight's Meeting 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: 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 Commission generally invites the public to speak on agenda items and duringpub/ic forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Continents and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. 18 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 Km ~1G-G'C WO' 11 (Please prinl~~ n 3 5~~ ~((y P l/ Address (no P.U. Box) ✓ /I Phonehql 3Zq g22q Email tAP~~ (NI~V~(9 VLC~ Tonight's Meeting Date ll 2 Regular Meeting Agenda item numba;: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. Tlie Ashland Planning Commission 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 an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are 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. 19 Planning Commission Speaker Request Form I ) 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. I Name ` (~01 5UL1/t'L (please print)? Address(noPO Box) ti „ r r> Phone marl % Tonight's Aiectin g- Date y~ Regular Meeting Agenda item numbers 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 lestimony 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 lain does not always require that the public be permitted to speak. Tlhe Ashland Planrrihhg Conmhission generally invites the public to speak on agenda items and duringpublic.forran on non-agenda items unless time r., cohus0•aints linhit public teviimony. No person has an absolute right to speak or participate in evehy phase of a proceednrg. Please respect the order ofproceedings far public hearings and strictly follow the directions of the presiding officer. Behavior at- actions which are unreasonably loud or disruptive are clisrespec7furl, and may constitute disorderly conduct. Offenders will be requested to leave the roan. Continents and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. 20 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. (please print) _ Address no P.O. Box) J Phone.` t-~ 1 ; ;Email - Tonight's Meeting 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: The Public Meeting Lou, 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 Contntissi077 gcorer•ally invites the public to speak on agenda items and during public forum on non-agenda items unless tune Constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are 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. 21 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. FF GAS F1 Name (please print) Address (no P.O. Box) 3 ( Co bf A Phone iS ,iV- ` j~j- c/63q Email Tonight's Meeting 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 (planting 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 intenrupt. 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 Commission generally invites the public to speak on agenda items and during public forum on iron-agenda items unless time constraints limit public testnnony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may cm7stitute 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. 22 Ashland Planning Commission, June 30, 2013 We are asking that you establish a Variance or Conditional Use Permit Program for the R-1 zone. This could have a license fee and a requirement to charge a room tax to the guest with payment to the city; as do the Bed and Breakfast homes. As we recall there was considerable discussion when B and B's were first proposed and that program has been a benefit to the city. Perhaps it would be necessary to add a definition of Vacation Homes. As we understand that most VRBO rentals in Ashland are not "Rental Units", but rather the homes of permanent residents who wish to have their homes occupied during some of the summer months for safety and security reasons while they are away. These homes are their primary residence and would only be temporary rentals. Many cities throughout the country have created ways for Vacation Home Rentals to make a large contribution to existing Tourist Accommodations in a totally unique way. The typical Vacation Home guests tend to stay and shop in the location which they choose to visit. They are usually older and quieter during their stay. Therefore would not be burdensome to the neighborhoods any more than the normal residents of the home. These homes tend to be kept in very good condition as to be inviting to the guests they are asking to stay in Ashland. Therefore they are very good additions to the neighborhoods. They are often tended by landscape professionals and cleaning services. Thank you for your consideration. Pete and Karen Hawes Darryl and Pat Meierhoff 431 Courtney Street 425 Jennifer Street Ashland, Oregon 97520 Ashland, Oregon 97520 (541) 482-4634 (541) 482-9309 P.S. We are all residents of forty plus years in Ashland. 23 I 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 \,TQ,:Ej (please print) Address (no P.O. Box) r Phone ~)~'l 969 / Email bn v OP (IVVJL)O CJVl'l Tonight's Meeting Date Regular Meeting Agenda item number OR Topic for public foram (non agenda item) Land Use Public Hearing For: x/ 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 thy, normal order of proceedings. Written Comments/Challenge:r~~~~o-~° 0~~ e_j 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 Commission generally invites the public to speak on agenda items and duringpublie forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are 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. 24 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. G) 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. NameCML L ms:wGo- (please print) ~,n Address (no P.O. Box) l~ lc2 M-' OF o d QJ ' WAYNrEs eat , V ~Vnp7L , GI rtt Phone-rd~ vZs~ 1972 mail CSL I T S I1y6M P Tonight's Meeting Date 6EII /;2,b13 Regular Meeting Agenda item number `i A 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: f N'Tzp pQ(}(r ~j `T/~CI~ 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 Commission generally invites the public to speak on agenda items and duringpublic forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order ofproceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the roan. Continents and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. 25 ~ I RECEIVED CITY OF JUN 11 2013 ASHLAND Memo DATE: May 17, 2013 TO: Bill Molnar, Community Development Director FROM: Margueritte Hickman, Division Chief / Fire Marshal RE: Fire Inspections of Vacation Rentals & Traveler's Accommodations Please include this as part of the discussion and recommendation for the modifications to AMC Chapter 18.24.030. Ashland Fire & Rescue recommends that both traveler's accommodations and vacation rentals obtain fire inspections as part of new approvals and semi-annually,thereafter. While the current fire and building codes do not provide for inspections of:_single farn4y,homes with 10 or fewer occupants, the risk in homes with transient occupancy rs'greater than those with a permanent tenancy. The risk is related_to the occupant's tack of familiarity, with the space in the event of an emergency. Ashland Fire & Rescue would adopt through policy or code the requirements for these spaces consistent with those found in the fire code for those that sleep more than 10 and would likely include the following: • Smoke alarms::installed in each sleeping room and in the hallway(s) leading to the bedrooms (smoke alarms are'already required; however depending on the age of the property, they may not be installed in each of the bedrooms) • A fire extinguisheron each floor We would also inspect for co.&6o mpltance with existing requirements: such as addressing and carbon monoxide detectors if there is a carbon monoxide source Fees for inspections would be charged at the rate found in the resolution. Effective July 1, the fee for this size unit would be $51. We would suggest that language be included under the traveler's accommodation similar to that included for short-term home rental. I~ I ASHLAND FIRE & RESCUE 455 Sisklyou Boulevard Ashland, 0 97520 (541) 482-2770 • fax (541) 488-5318 TTY: 800-735-2900 26 PROMO 01 R[CMED PMMR 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 11, 2013 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street 11. ANNOUNCEMENTS III. CONSENT AGENDA A. Approval of Minutes 1. May 14, 2013 Regular Meeting 2. May 28, 2013 Study Session IV. PUBLIC FORUM V. LEGISLATIVE AMENDMENT PUBLIC HEARING A. PLANNING ACTION: #2013-00593 APPLICANT: City of Ashland DESCRIPTION: Amendments to Ashland's Municipal Code related to existing Traveler's Accommodations (i.e. B&Bs), as well as the establishment and operation of non-owner occupied, short-term home rentals within Multiple Family Residential Districts (R-2; R-3). B. PLANNING ACTION: #2013-00545 APPLICANT: City of Ashland DESCRIPTION: Recommendation to the City Council regarding adoption of an ordinance amending the City of Ashland Municipal Code and Land Use Ordinance to provide new standards for the keeping of micro-livestock and bees. VI. 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). 27 ASHLAND PLANNING DIVISION STAFF REPORT June 11, 2013 PLANNING ACTION: #2013-00593 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.08 Definitions AMC 18.24 Low Density Multiple Residential (R-2) AMC 18.28 High Density Multiple Residential (R-3) REQUEST: Amendments to Ashland's Municipal Code related to existing Traveler's Accommodations (i.e. B&B's), as well as the establishment and operation of non-owner occupied, short term home rentals within Multiple Family Residential Districts (R-2; R-3) 1. Relevant Facts A. Background City Code Compliance has seen a dramatic increase in the number of unlicensed, short-term home rentals being operated without zoning approval. In all cases, these short term transient accommodations are avoiding paying local transient occupancy taxes, licensing fees and commercial utility rates normally associated with the guest accommodation industry. The Council held a study session in August 2012 in order for staff to provide an overview of the problem, explain the advantages and disadvantages commonly related to short-term rentals and summarize code provisions that are currently applied to these establishments by other Oregon communities. The Council requested that the Planning Commission evaluate the existing code requirements, identify potential opportunities for increasing flexibility and forward a recommendation for possible code amendments to the Council for their direction. Both Ashland's Planning and Housing Commission's held meetings to discuss a range of possible alternatives and solicit public testimony on the issue. The Planning Commission considered options that would increase the number of properties eligible to request a conditional use permit to operate a short term rental. The Housing Commission primarily focused their discussion about how amending the code might have implications on the city's housing supply. Both Commissions provided recommendations to the Council, which were described separately in two memorandums. At their March 5, 2013 meeting, the Council reviewed the recommendations of the two city commissions, as well as took testimony from the public. The Council directed staff to prepare changes to the land use code that would: Planning Action PA #2013-00593 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 1 of 5 28 • Allow for the operation of non-owner occupied, short term home rentals as a conditional use within the R-2 and R-3, multiple family zones; • Require the short term home rentals to abut or be within 200-feet of a city arterial or collector street; and • Not place a limit on the total number of short term home rentals permitted within the city limits. B. Ordinance Amendments The proposed Land Use Code amendments address the approval process and minimum requirements for establishing and operating short term home rentals within Ashland multiple family zoning districts, R-2 and R-3. It is recommended that operation of a short term home rental be listed as a conditional use. A land use application would be prepared by an owner- applicant and submitted with a fee. Public notice would be sent to property owners within 200-feet of the site, making people aware of the land use request. Unless the proposal included significant deviations from the standards and criteria, the decision to approve the application would be an administrative decision, made at the staff level, with notice of the decision sent to surrounding property owners. The decision could be appealed to the Planning Commission. Some key aspects of the proposed code amendments include: General Requirements The property owner or business owner is not required to reside on the property, which hosts the short term home rental. This is in recognition that a short term home rental provides a different transient accommodation experience than that offered by a traditional hotel, motel or B&B, by providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking. Management Provisions The conditional use permit for the short term home rental is required to be in the name of the owner-applicant. In addition, it is intended that one property owner operate not more than one vacation home rental. This is to permit a reasonable ancillary use of an existing residential dwelling, without unwittingly enticing removal of residences from the long term home rental market. A local contact person must be available 24-hours a day and able to respond within 30-minutes to issues related to the short term home rental. Information about the local contact person is required to be posted in a conspicuous location on the property, as well as distributed to neighboring property owners within 200-feet way. The owner-applicant is responsible for ensuring that Planning Action PA #2013-00593 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 2 of 5 29 occupants do not create unreasonable noise or disturbances or commit violations of this code. Licensing, Inspections, Taxes & Advertising Both the existing Traveler's Accommodation section and the newly proposed Short Term Home Rental code section include language that describes the owner's responsibility for ensuring that the establishment has a valid business license, is paying applicable transient occupancy tax, and has verification of having undergone a safety inspection, if applicable. Additionally, the code amendments clarify that it is not permitted to advertise the availability of property for use as a traveler's accommodation or for short term home rental purposes without land use approval, a current business license and transient occupancy tax registration. ll. Procedural 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. Planning Action PA #2013-00593 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 3 of 5 30 III. Conclusions and Recommendations At the initial Council study session in August 2012, staff noted that changes to land use requirements related to short-term vacation home rentals should be undertaken with caution. This was because of potential impacts to longstanding community goals for maintaining strong neighborhoods, as well as a diverse, permanent housing stock designed to serve a wide range of households representing a variety of household incomes. The council communication included the following summary of potential impacts: Positive Impacts • Increase TOT and business license fees • Increased choice of accommodation types, especially for families • Income source for individual property owners • Employment opportunities Negative Impacts • Reduced housing and rental availability for residents • Neighborhood Impacts - noise, traffic, physical changes to site, etc. • Decreased sense of localness • Increased stress on infrastructure and services How a city deals with short term rentals is strictly a local choice, unique to that community and influenced by its history and values. Ashland's Travelers' Accommodation ordinance was established in the early 1980s. The ordinance was intended to make available the opportunity for the owner of an existing historic structure to gain additional income by offering overnight accommodations. In turn, a portion of the revenue would be reinvested into improving the building and site and, as a result, the surrounding neighborhood. To date, most take the form of Bed & Breakfast Inns, integrated into existing residential neighborhoods and with the requirement that the property or business owner live on the premises. It is estimated that there are over 70 approved short- term accommodation establishments in the City, accounting for approximately 1300 rooms. Currently, traveler's accommodations in residential areas are limited to specific portions of the city's multiple-family zoning districts (R-2, R-3), within 200-feet of an arterial or collector street. A conditional use permit is required before these short-term accommodations can be established and several other code provisions are in place that address the total number of units on the property, age of structure and required number of parking spaces. Additionally, existing land use code language requires the property or business owner to reside on the property, as a means of managing the accommodation and providing a link between the neighborhood and these quasi-business establishments. At the direction of the Council, both the Planning Commission and Housing Commission have held public meetings to discuss additional allowances and flexibility for establishing and operating stand alone, short term home rentals. The Planning Commission considered options presented by Staff that would Planning Action PA #2013-00593 Ashland Planning Division -Staff Report Applicant: City of Ashland Page 4 of 5 31 increase the number of properties eligible to operate a short term rental and the Housing Commission raised concern over possible implications that amending the code may have on the city's housing supply. The Housing Commission ultimately recommended no changes to the existing code, while the Planning Commission did recognize that there could be demand for short term home rentals that is not being met due to current land use restrictions. The changes proposed will provide opportunities for increasing the number of stand-alone short term home rentals. Reservation about the amendments are valid because of the potential impacts to existing neighborhoods and the City's long term rental stock. The amendments presented, however, provide a chance for some of those currently operating an unlicensed short term home rental to seek an appropriate land use approval and pay established licensing fees and taxes, while setting a specific protocol for management and operations to help minimize negative consequences to the neighborhood. Attachments: • Draft Ordinance - TA's and Short Term Home Rentals, R-2 & R-3 zones • Map - Locations Win R-2 & R-3, Win 200 feet of arterial/collector • Council Meeting Minutes - March 5, 2013 • Planning Commission Recommendation to Council • Housing Commission Recommendation to Council • Other Discussion Materials Planning Action PA #2013-00593 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 5 of 5 32 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.030 AND 18.28.030 OF THE ASHLAND LAND USE ORDINANCE RELATING TO TRAVELER'S ACCOMMODATIONS AND SHORT TERM HOME RENTALS IN MULTI-FAMILY RESIDENTIAL DISTRICTS. Annotated to show a°'a~as-and additions to the code sections being modified. Deletions are bold lined trough 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, the City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of single family residential dwellings are being rented to transients on a short-term basis for less than thirty (30) days; and WHEREAS, the City Council has determined short-term rentals of single family dwellings is a business activity which escalates demand for City services; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council finds that non-owner occupied, short-term rentals of single family dwellings is not currently listed as a permitted or conditionally permitted use in any residential zoning district in the City; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit short term rentals within the City in order to ensure the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long-term resident of neighboring properties; and Ordinance No. Page I of 11 33 WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby amended to newly include the following definitions: 18.08 Definitions 18.08.605 Primary Residence The property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer's principal residence. In addition to the taxpayer's use of the property, relevant factors in determining a taxpayer's principal residence, include, but are not limited to: (i) The taxpayer's place of employment; (ii) The principal place of abode of the taxpayer's family members; (iii) The address listed on the taxpayer's federal and state tax returns, driver's license, automobile registration, and voter registration card; (iv) The taxpayer's mailing address for bills and correspondence; (v) The location of the taxpayer's banks; and (vi) The location of religious organizations and recreational clubs with which the taxpayer is affiliated. 18.08.658 Short-Term Home Rental The short term occupancy of a dwelling unit in a residential zone by the general public for a fee for a period of less than 30 consecutive days. A short term home rental shall not include the rental of individual rooms within a residential dwelling unit. SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.24.030 Conditional Uses Ordinance No. Page 2 of 11 34 The following uses and their accessory uses are permitted when authorized in accordance with the chapter on conditional use permits: A. Churches and similar religious institutions. B. Parochial and private schools, business, dancing, trade, technical, or similar schools. C. Manufactured housing developments subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. 1. Retail commercial uses located in a dwelling unit within the Railroad Historic District approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft. in total area, including all storage and accessory uses, and shall be operated only by the occupant of the dwelling unit uses, and the equivalent of one (1) half (%2) time employee (up to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian traffic, and shall be located on a street having a fully improved sidewalk on at least the side occupied by the business. The street shall be a fully improved street of residential City standards or greater. 1 (Ord. 9694 e9, 1991e , deleted Ord 9942 c9s 2007), J. Traveler's accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the traveler's accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. The property on which the traveler's accommodation is established is within 200 feet of an arterial (Boulevard) or collector (Avenue) street as designated in the City's Comprehensive Plan. Distances shall be measured via a public street or public alley to the site from the collector or arterial. 3.4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine- 9 per approved traveler's accommodation with primary lot frontage on an arterial street. streets. Ordinance No. Page 3 of 11 35 The maximum number of units shall be seven, 7 per approved traveler's accommodation with without primary lot frontage on designated arterial street, but within 200 feet of an arterial or collector street. ealleeter °t-°°t ; or ` - ° 200 f et of an aFto_:Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via a public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 1.5; That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 5.-2-. That each accommodation unit shall have 1 off-street parking space and the owners owner's unit shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 6.3 That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6. Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.-7-. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. .:twin 200 feet of a ^^lleete . or arteF:^I street as designated in the GRY4 Comprehensive Plan. Distanees shall be measured via a publie street or alley n to the site from the eo ileetor o rt. FiRl 9. The business-owner shall maintain a city business license and pay all transient occupancy tax in accordance with Chapter 4.24 of this code as required. 10. Advertising for any traveler's accommodation shall include the City of Ashland Planning Action number assigned to the land use approval. 11. Advertising the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration shall be subject to enforcement procedures. K. Short Term Home Rental, subject to the following: General Requirements 1. Short term home rental under this section shall not include the rental of less than an entire dwelling unit. 2. Not more than one dwelling per parcel may be used as a short-term home rental. Ordinance No. _ Page 4 of 11 36 3. The property on which the short-term home rental is established is located within 200 feet of an arterial (Boulevard) or collector (Avenue) street as designated in the City's Comprehensive Plan. Distances shall be measured via a public street or public alley to the site from the collector or arterial. 4. That the dwelling used for the short term home rental shall be at least 20 years old. The dwelling may be altered and adapted for a short term home rental use, including expansion of floor area. 5. The total number of guests staving in the short-term home rental at any one time shall be no greater than two times the number of bedrooms plus two persons, up to a maximum of ten (10) persons. 6. A minimum of two off-street parking spaces shall be available for use by the occupants of the short-term home rental. Management 7. The conditional use permit for the short-term home rental shall be in the name of the owner-applicant, who shall be an owner of the real property upon which the short-term home rental is operated. One person may hold not more than one conditional use permit for a short term home rental. The conditional use permit shall not be transferable. 8. The owner-applicant shall keep on file with the city the name, telephone number, and email address of a local contact person responsible for responding to questions or concerns regarding the operation of the short-term rental. a. The information required above shall be posted in a conspicuous location inside the short-term home rental dwelling. b. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond to the short-term home rental matters within thirty (30) minutes when the short term rental is rented and occupied. 9. Once the conditional use permit is approved, and prior to April 1st of each subsequent year, the owner shall provide written notice to all neighboring property owners within a two-hundred (200) foot distance from the parcel on which the short-term vacation home rental is located and include the following information: a. The name, telephone number and email address of the local contact person provided to the city pursuant to subsection K(8) of this section. b. The maximum number of guests permitted to stay in the short-term rental unit. c. A copy of the conditions of approval and Planning Action number for the Conditional Use Permit approving the short-term home rental. d. Contact information for the city official that members of the public may contact to report violations of the short-term rental regulations or conditions of approval attached to the short-term home rental. 10. The owner-applicant shall post "house policies" within each guest bedroom. The house policies shall be included in the rental agreement, which must be signed by the renter and enforced by the owner applicant or the owner-applicant's designated contact person. The house policies at a minimum shall include the following provisions: Ordinance No. _ Page 5 of 11 37 a. Quiet hours shall be maintained from 10:00 p.m. to7:00 a.m., during which noise within or outside the short-term rental dwelling shall not disturb anyone on a neighboring property. b. Amplified sound that is audible beyond the property boundaries of the short- term rental dwelling is prohibited. c. Vehicles shall be parked in the designated parking areas. d. Parties or group gatherings shall be limited to two times the number of guests permitted to occupy the short-term rental dwelling pursuant to subsection K(5) of this section. 11. The owner-applicant shall use best efforts to ensure that the occupants and/or guests of the short-term home rental do not create unreasonable noise or disturbances. Upon notification that occupants and/or guests of the short-term home rental have created unreasonable noise or disturbances, or committed violations of this code, the owner shall promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. Licensing, Inspections, Taxes & Advertising 12. Short-term rental dwellings shall meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire department before occupancy following approval of a conditional use permit for the short- term vacation home rental. 13. The owner-applicant shall maintain a city business license and pay all transient occupancy taxes in accordance with Chapter 4.24 of this code as required. 14. All advertising for any short-term rental shall include the City of Ashland Planning Action number assigned to the owner-applicant. 15. Advertising the availability of residential property for use as a short term home rental without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration shall be subject to enforcement procedures. L. Hostels M. Disc antenna for commercial use. N. Nonconforming use or structure changes required by Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.24.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.28.030 Conditional Uses The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Churches and similar religious institutions. Ordinance No. Page 6 of 11 38 B. Parochial and private schools, business, dancing, trade, technical or similar schools. C. Manufactured housing developments, subject to Chapter 18.84. D. Public and quasi-public halls, lodges and clubs. E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer, doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster, investment or management counselor or surveyor. F. Hospitals, rest, nursing and convalescent homes. G. Limited personal service establishments in the home, such as beauticians, masseurs, and the uses listed in subsection E above. H. Wholesale plant nurseries, including accessory structures. 1. (OFd. 2624 83, 1991; DELETED Ord 2942 85;2007) 1. Traveler's accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the traveler's accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S 1, 1997) 2. The property on which the traveler's accommodation is established abuts or is within 200 feet of an arterial (Boulevard) or collector (Avenue) street as designated in the City's Comprehensive Plan. Distances shall be measured via a public street or public alley to the site from the collector or arterial. 3.4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine, 9 per approved traveler's accommodation with primary lot frontage on an arterial street. streets. The maximum number of units shall be seven, 7 per approved traveler's accommodation with without primary lot frontage on designated arterial street, but within 200 feet of an arterial or collector street. eelleeter eet ; or F - ° tra e'ef' edat:,...s not having ffima",, f aHtage an al; °..to":^I ^^'7 ..drl.:.. 200 cot ,.Fan A,..to_:..I. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via a public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 4. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of Ordinance No. Page 7 of 11 39 floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 51: That each accommodation unit shall have 1 off-street parking space and the ewners owner's unit shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 6.3 That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business- ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 8.-: An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8.That the property on whieh the traveler's neeemmodation is operated is loented within 200 feet of a eelleeter or arterial stFeet as designated in the City's Comprehensive Plan. Distimees shall be measured vin fk publie street or alley neeess to the site from the eol eetor or arterial. 9. The business-owner shall maintain a city business license and pay all transient occupancy tax in accordance with Chapter 4.24 of this code as required. 10. Advertising for any traveler's accommodation shall include the City of Ashland Planning Action number assigned to the land use approval. 11. Advertising the availability of residential property for use as a travelers accommodation without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration shall be subject to enforcement procedures. I Short Term Home Rental, subject to the following: General Requirements 1. Short term home rental under this section shall not include the rental of less than an entire dwelling unit. 2. Not more than one dwelling per parcel may be used as a short-term home rental. 3. The property is located within 200 feet of an arterial (Boulevard) or collector (Avenue) street as designated in the City's Comprehensive Plan. Distances shall be measured via a public street or public alley to the site from the collector or arterial. 4. That the dwelling used for the short term home rental shall be at least 20 years old. The dwelling may be altered and adapted for a short term home rental use, including expansion of floor area. 5. The total number of guests staving in the short-term home rental at any one time shall be no greater than two times the number of bedrooms plus two persons, up to a maximum of ten (10) persons. Ordinance No. Page 8 of 11 40 6. A minimum of two off-street parking spaces shall be available for use by the occupants of the short-term home rental. Management 7. The conditional use permit for the short-term home rental shall be in the name of the owner-applicant, who shall be an owner of the real property upon which the short-term home rental is operated. One person may hold not more than one conditional use permit for a short term home rental. The conditional use permit shall not be transferable. 8. The owner-applicant shall keep on file with the city the name, telephone number, and email address of a local contact person responsible for responding to questions or concerns regarding the operation of the short-term rental. a. The information required above shall be posted in a conspicuous location inside the short-term home rental dwelling. b. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond to the short-term home rental matters within thirty (30) minutes when the short term rental is rented and occupied. 9. Once the conditional use permit is approved, and prior to April 1st of each subsequent year, the owner shall provide written notice to all neighboring property owners within a two-hundred (200) foot distance from the parcel on which the short-term vacation home rental is located and include the following information: a. The name, telephone number and email address of the local contact person provided to the city pursuant to subsection K(8) of this section. b. The maximum number of guests permitted to stay in the short-term rental unit. c. A copy of the conditions of approval and Planning Action number for the Conditional Use Permit approving the short-term vacation home rental. d. Contact information for the city official that members of the public may contact to report violations of the short-term rental regulations or conditions of approval attached to the short-term home rental. 10. The owner-applicant shall post "house policies" within each guest bedroom. The house policies shall be included in the rental agreement, which must be signed by the renter and enforced by the owner applicant or the owner-applicant's designated contact person. The house policies at a minimum shall include the following provisions: a. Quiet hours shall be maintained from 10:00 p.m. to7:00 a.m., during which noise within or outside the short-term rental dwelling shall not disturb anyone on a neighboring property. b. Amplified sound that is audible beyond the property boundaries of the short- term rental dwelling is prohibited. c. Vehicles shall be parked in the designated parking areas. d. Parties or group gatherings shall be limited to two times the number of guests permitted to occupy the short-term rental dwelling pursuant to subsection J(5) of this section. 11. The owner-applicant shall use best efforts to ensure that the occupants and/or guests of the short-term home rental do not create unreasonable noise or Ordinance No. Page 9 of 11 41 disturbances. Upon notification that occupants and/or guests of the short-term home rental have created unreasonable noise or disturbances, or committed violations of this code, the owner shall promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. Licensing, Inspections, Taxes & Advertising 12. Short-term rental dwellings shall meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire department before occupancy following approval of a conditional use permit for the short- term vacation home rental. 13. The owner-applicant shall maintain a city business license and pay all transient occupancy taxes in accordance with Chapter 4.24 of this code as required. 14. All advertising for any short-term rental shall include the City of Ashland Planning Action number assigned to the owner-applicant. 15. Advertising the availability of residential property for use as a short term home rental without a valid Conditional Use Permit approval, current business license, and Transient Occupancy Tax registration shall be subject to enforcement procedures. K. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height. L. Hostels M. Disc antenna for commercial use. N. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation of nonconforming uses and structures pursuant to Section 18.68.090. 0. New structures and additions to existing structures within a designated Historic District which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general regulations set forth in Section 18.28.040. P. Temporary uses. Q. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 10 of 11 42 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2013, and duly PASSED and ADOPTED this day of , 2013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. _ Page I I of 11 43 rW NEV~DA Sr. E NEVAD ST Potential Traveler Accommodation Locations J C-1 & E-1 Zoned Properties is APL Z I R-2 or R-3 zoned within 200' of an Arterial or Collector Street Fq~ Z l Z WI ER S n lg~~ 0 u _ E HERS MST E RSE T t H c: Y,< 0 4 h 4 \v NUTL ST 2 E MAIN ST r I RAWB ~ y i' \ i I ` APO L-~.. r of sr a J~r F - Q I W [Y Z W t S 0 f J S; I 1 1 \ Y i. b 5T cr 0• E L_,1 - ~ioSkiy ~F0 Z u ? p I} f. rte n \ - 0 o t o ~ CHEYRD~ Zo 10 (1 S IE R 0 900 1,800 3,600 5,400 7,200 Feet 44 Property lines are for reference only, not scaleable City Council - Minutes Tuesday, March 05, 2013 MINUTES FOR THE REGULAR MEETING A IILAFO CM COUNCIL March 5, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor called the order at 7:00 p.m. Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced the City was accepting applications for annual appointments to the various Commissions and Committees. The deadline for applications was March 15, 2013. APPROVAL OF MINUTES The minutes of the Business Meeting of February 19, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of March 8 as International Women's Day was read aloud. CONSENT AGENDA 1. Approval of minutes from Boards, Commissions, and Committees 2. Report on Full Faith & Credit Bond sales - $6,345,000 tax-exempt bonds for Public Works and Parks Projects; $11,675,000 taxable bonds refunding Ashland Fiber Network debt 3. Award of a contract to the apparent low bidder for the Ashland Creek sanitary trunkline sewer, phase two 4. Jackson County scenic bikeway application letter of support 5. Approval of 2013 Council liaisons to boards, commissions, and committees. Councilor Slattery pulled Consent Agenda item #5 for discussion. City Recorder Barbara Christensen explained staff would notify the various boards, commissions, and committees of the Council Liaison appointments and provide contact information. Councilor Slattery/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Council consideration to initiate amendments to Ashland's Municipal Code related to the establishment and operation of short-term vacation rentals 45 City Administrator Dave Kanner provided background on local vacation home rentals. Council directed the Planning and Housing Commissions to review potential code amendments to short-term vacation rentals. Vacation homes were typically single-family dwellings rented to travelers on a nightly basis for a period of less than 30 days. They fell into a gray area in terms of state law, city code, and county environmental health ordinances. Community Development Director Bill Molnar explained the Ashland zoning ordinance had provisions for these types of accommodations since the early 1980s. The Housing Commission recommended no changes to the current land use ordinance that allowed short- term accommodations through a conditional use process in the commercial and multifamily zoning districts. They were concerned providing opportunities to convert existing rental homes to short-term accommodations would have a negative impact on housing availability and costs. Existing parameters for Vacation Rentals by Owner (VRBO) required conditional use permits in all zones, owner occupancy, or a manager on premise in multifamily zones. The Planning Commission was not convinced the current supply of VRBOs was not meeting the demand. Additionally, there was sufficient land currently zoned for property owners to go through a conditional use permit process to add to the supply. However, the Commission determined current regulations did not meet the full demand for travelers' coming to town to lease an individual home on a lot for a short period that did not have an owner or manager on the premise. They recommended modifying the land use code to allow a limited number of short-term home rentals within multifamily zones and walking distance to the downtown without an owner or manager on the premise. They also recommended maintaining the restriction in the zoning code prohibiting short-term accommodations in the single-family zones. Mr. Kanner noted other municipal codes involved with tourist facilities. The first was Chapter 4 Revenue and Finance, 4.24 Transient Occupancy Tax, 4.24.010 Definitions. Staff believed the definition of hotel in the code could apply to vacation homes. In Chapter 18 Land Use, staff thought it was clear a vacation rental dwelling was subject to Transient Occupancy Tax (TOT) but there was value in cleaning up code language to make it clear. Staff recommended modifying language in Chapter 6 Business Licenses and Regulations, 6.04 Business Licenses to require business licenses for vacation home rentals. The next two were subject to debate. Chapter 15 Fire Code did not require vacation rental homes to have smoke detectors or a fire inspection because they were single-family homes. Council could adopt a local code ordinance requiring fire inspections for Bed and Breakfasts, boutique inns that slept less than 10 guests, or vacation homes. The last code affected was Chapter 9 Health and Sanitation. State law did not consider vacation homes as tourist facilities subject to a tourist facility license. Because of that Jackson County did not require vacation homes to obtain a tourist facility license nor would they inspect a vacation home or enforce a city ordinance that designated a vacation home as a tourist facility. Staff did not recommend tourist facility license requirements for vacation homes. He went on to address enforcement and explained the Code Enforcement Officer position was cut several years before so code enforcement was now an ad hoc function spread amongst many people and entirely complaint driven. The goal of code enforcement was compliance 46 through fees. If the City reinstated a Code Enforcement Officer, that position would handle all the code issues currently spread throughout the departments and serve as a single point of contact, coordinate with departments and have the resources necessary for follow up and tracking compliance. Mr. Molnar explained the primary purpose for having a certain number of VRBOs was limiting the potential impacts to the residential areas. Staff researched other cities regulations on vacation home rentals that placed limits on numbers and distance from each other. Mr. Kanner added the Planning Commission would recommend a specific number as well code suggestions. Mr. Molnar noted the Planning Commission recognized the need for single unit non-owner occupied vacation rentals because of a national preference for VRBOs. The City allowed VRBOs in the commercial and employment zones but did not allow a lot of land or zoning designation to accommodate the demand. Staff focused on multifamily zones because the City did not permit VRBOs in residential zones. Stacy Waymire/1070 Greenmeadows Way/Explained he was part of a Limited Liability Company that owned property in Ashland that was currently a 30-day rental and supported vacation home rentals in the RI Zone area. Margery Winter/634 Iowa Street/Agreed with Mr. Waymire on the need of vacation home rentals in the RI Zone, preferably historic houses. VRBOs provided rentals for people with short-term jobs or engagements. Abi Maghamfar/451 North Main Street/Explained he was a member of the Ashland Lodging Association and the founder of the Ashland Bed and Breakfast Network who submitted 46 petitions supporting active enforcement of unlicensed vacation rentals. People were doing illegal activities and it needed to stop. He listed legal lodging costs that unlicensed VRBOs did not pay emphasizing unfair competition and illegal business practices. Pete Hawes/431 Courtney/Submitted a letter into the record that he hoped Council would consider during deliberation. He went on to speak in favor of vacation home rentals and the how they benefited the community. Kim Blackwolf/354 Liberty Street/Referenced and read from a letter she submitted into the record supporting vacation home rentals. Jean Fyfe/215 Sherman Street/Lived closed to a vacation rental home and noted the guests were quiet, personable, and interested in experiencing a private setting. She shared her experiences renting vacation homes. Stewart McCollum/819 Elkader Street/Explained how and why he started renting his home as a vacation rental, shared personal experiences and ideas for VRBOs. Carolyn Shaffer/234 7th Street/Noted her personal circumstances as a widow and how home 47 rentals helped supplement her income. Ellen Campbell/120 Gresham Street/Explained she was a member of the Ashland Bed and Breakfast Network and the Ashland Lodging Association. Ashland had 76 lodging establishments with 29 legal vacation homes not up to full occupancy and questioned the need for more. Yvonne Fried/1320 Prospect Street/Used her home as an adult foster care home that was handicapped accessible. She spoke in favor of vacation home rentals and benefits of housing entire families. Melody Jones/79 Pine Street/Owned a home with a mother in-law unit that she rented on a monthly basis. She supported VRBOs, disclosed utility costs had not changed, and there were no parking issues. Lisa Beam/1015 Mary Jane Avenue/Spoke on behalf of the Ashland Chamber of Commerce and explained how illegal vacation home rentals caused unfair competition. Council majority supported compliance through land use codes, approval conditions for Conditional Use Permits, distance to arterials, freeing up the requirement for on-site owners for R-2 and R-3 Zones, but did not support VRBOs in the R-I Zone. Staff would research how many vacation home rentals were prior long-term rentals. Councilor Voisin/ Rosenthal m/s to approve the initiation of amendments to the Ashland Municipal Code related to short-term rentals that incorporate the recommendations forwarded to the Council by the Planning Commission, and further direct staff to prepare amendments to Chapters 4, 6 and 15 of the AMC, as necessary, to ensure that taxation and licensing issues are appropriately addressed. DISCUSSION: Councilor Marsh did not support the Planning Commission recommendation for a new district downtown for VRBOs, or having caps on the number of facilities but supported retaining the 200 feet within an arterial. Councilor Marsh/Lemhouse m/s to amend the motion to eliminate the Planning Commission recommendations to include a Downtown District element, retain the current standard for distance from an arterial requirement, and have the ordinance not include a cap on specific kinds of facilities. DISCUSSION: Councilor Voisin would not support the motion and wanted information on how many VRBOs were close to the downtown area. Councilor Lemhouse thought the free market would dictate rental areas so the City did not need to regulate them. Councilor Slattery would not support the motion and wanted to see the ordinance in its entirety prior to voting. Roll Call Vote: Councilor Morris, Marsh, and Lemhouse, YES; Slattery, Voisin, and Rosenthal, NO. Mayor Stromberg broke the tie with a YES vote. Motion passed 4-3. Roll Call Vote on amended Main Motion: Councilor Morris, Slattery, Marsh, Lemhouse, Voisin and Rosenthal, YES. Motion passed. 48 ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan to adopt the Transportation System Plan as a supporting document and to amend the street dedication map" Community Development Director Bill Molnar explained the Planning Commission's recommendation to approve the Transportation System Plan (TSP) included clarifications to the document, and added maps that staff and the consultants agreed with. Public Works Director Mike Faught addressed the connection from Ashland Mine Road to Winter and explained the contours were so complex staff would have to engineer a connection when they annexed the area. For projects in general, staff would apply for grants and funds and did not plan to spend more money than what they had spent historically. Mr. Molnar clarified the TSP was part of the Comprehensive Plan, the studies and projects were not mandated and contingent on funding sources. Mr. Faught went on to address the connection street between Clay Street and Tolman Creek Road. Neighbors in the area strongly opposed the connection and worked with staff on a compromise that delayed the project until a redevelopment of the manufactured home occurred. In the interim, they agreed to a multi use path. Mr. Molnar explained that most of the development in that area was subject to annexation. Staff would do a traffic impact analysis on Normal Street and if findings showed the connection needed to occur earlier it would be a basis for not allowing annexation or future development until the connection occurred. The remaining property along Clay Street was in the Urban Growth Boundary but outside city limits and annexation required adequate transportation access. Mr. Faught added the TSP was sufficient to ensure the connection between Clay Street and Tolman Creek Road happened. CouncilorVoisin/Slattery m/s to approve the findings of fact to accompany the ordinance for the TSP adoption and Street Dedication map amendment. Roll Call Vote: Councilor Rosenthal, Voisin, Marsh, Lemhouse, Slattery, and Morris, YES. Motion passed. Councilor Voisin/Marsh m/s the Second Reading of an Ordinance amending the City of Ashland Comprehensive Plan to adopt the TSP as a supporting document and to amend the Street Dedication Map. Staff explained they did not have the explicit language of the changes made to the ordinance and needed to continue second reading to the next Council meeting. Councilor Marsh /Slattery m/s to continue Second Reading of the Ordinance to March 19, 2013. Voice Vote: all AYES. Motion passed. 2. Resolution titled, "A resolution setting forth policies and conditions under which Ashland will provide extreme weather related emergency shelter housing and repealing Resolution No. 2007-11" City Administrator Dave Kanner provided the background and listed the seven conditions 49 added to the language from Resolution 2007-11 that formulated the draft resolution allowing dogs in the emergency shelter: 1) Shelter volunteers must designate a specific area in the shelter for dogs. The floor of such area must be covered with thick plastic. 2) Dogs must remain in crates while in the shelter. Crates will not be provided, stored, repaired or cleaned by the City of Ashland and must be removed from the shelter when it is vacated. 3) If taken outside for biological needs, dogs must be leashed. 4) Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. 5) Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. 6) Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. 7) Shelter volunteers must notify Jackson County Animal Control in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. Councilor Slattery/Marsh m/s to approve Resolution #2013-04. DISCUSSION: Councilor Lemhouse would support the motion but wanted better justification to allow dogs in the winter shelter. Mr. Kanner explained insurance coverage for the emergency shelter fell under providing emergency services and was different from the ongoing shelter in a City building. He went on to confirm that staff stopped by the Thursday night shelter and would continue if Council allowed dogs. Roll Call Vote: Councilor Lemhouse, Morris, Rosenthal, Voisin, Marsh, and Slattery, YES. Motion passed. 3. Resolution titled, "A resolution of the City Council of the City of Ashland allocating anticipated revenues from the transient occupancy tax for the biennium 2013-2015 budget and repealing resolution 2012-04" Councilor Slatttery declared a conflict of interest due to his wife being the Executive Director of the Ashland Chamber of Commerce. Councilor Lemhouse/Marsh m/s to accept Councilor Slattery's conflict of interest and allow him to leave the meeting. Voice Vote: all AYES. Motion passed. Councilor Slattery left the room at 9:56 p.m. Administrative Services Director Lee Tuneberg explained Council had designated $110,000 to the Oregon Shakespeare Festival (OSF) a few years prior and that amount had notchanged. The allocation fell under the state requirement regarding tourism. Council questioned if returns on the allocation had declined over the years since OSF was receiving less funds by not incurring an increase. Councilor Voisin motioned in the non-tourism monies under the economic development 50 program, the 10% is divided between the General Fund at 85% and small grants at 15%. Motion died for lack of a second. Councilor Rosenthal/Lemhouse m/s to approve Resolution #2013-05. DISCUSSION: Councilor Lemhouse agreed OSF was receiving declining funds over the years but the City had not heard from them regarding an increase. Councilor Voisin added OSF provided Council a report on how they spent the allocation annually. Mr. Tuneberg explained allocation amounts for the Vacation Convention Bureau (VCB) was another identified use of tourism dollars from the state definition. Councilor Voisin wanted to increase the allocation percentage for the grantees. Councilor Voisin m/s to amend grantees under the tourism section and increase the percentage to 20% from 10%. Motion died for lack of a second. Continued Discussion on Main Motion: Councilor Rosenthal noted the Chamber allocation and how it related to the City's recently adopted Economic Development Plan and did not think the current allocation was adequate to achieve the goals stated in the plan. Roll Call Vote: Councilor Marsh, Morris, Lemhouse, Voisin and Rosenthal, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 10:09 p.m. 51 CITY OF ASHLAND Memo DATE: 2/27/2013 TO: Honorable Mayor and City Council FROM: Ashland Planning Commission RE: Preliminary feedback on potential code amendments related to vacation home rentals Summary The Planning Commission discussed zoning regulations for short term vacation rentals at two meetings in January and February. All public comment received was from owners of existing legal travellers accommodations and emphasized the need for compliance with current regulations. Discussion addressed the question of whether there was increased demand that warranted extending access to travellers' accommodation permits to additional categories or areas and the potential impacts of changing regulations. The Commission concluded that they had not heard convincing evidence that there is more demand for travellers' accommodations than can be met by current supply. However there is a type of demand that is not being met within our current regulations, that is the desire for a short term rental of a single unit, complete home without owners on the premises. These travellers are seeking greater privacy or a place to host family-style events. The Commission decided to recommend that Ashland expand our regulations to allow for some single unit, non-owner occupied, short term home rentals with the following restrictions: • must be located in a multi-family zoning district; and • must be within walking distance of the downtown area It was further suggested that Ashland may wish to set a limit on the total number of such units that are available and can be given such permits, similar to the limit on drive-up window use permits. The Commission also recommends adopting language that prohibits the advertising of non-permitted short term rentals. The Commission supports maintaining the existing requirement that a,conditional use permit be obtained in order to operate a Bed and Breakfast as well as an individual vacation home rental. The Commission does not propose removing the current prohibition of operating short term, overnight rentals in single family zoning districts (R-1). Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 .as Page 1 hlantl.or.us Page 1 52 Backeround On August 6, 2012, the Council requested that the Commission evaluate the issue about the growth in numbers of unlicensed vacation home rentals. The Housing Commission was also asked to weigh in on the issue and forward their thoughts to the Council. The Planning Commission held a public meeting on January 22, and again on February 12, 2013 to review and make refinements to their recommendation. Additionally, the Community Development Director introduced the item at the Housing Commission's meeting on October 24, 2012, with the Housing Commission again discussing the issue at their January 27, 2013 meeting where they provided a recommendation to the Commission and Council. The Planning Commission discussed the appropriateness and potential implications of amending the Land Use Code so that additional opportunities for short term home rentals could be increased. Overall, there appears to be general consensus that the current standards regulating short term vacation rentals have been effective in providing accommodations quite different from traditional hotel or motels, while fitting in well with multi-family residential areas. Recommendation In order to facilitate our discussion on this matter, the Commission was provided with a few basic options to consider. Our recommendation or suggestions for possible code amendments have been described below. 1. Should changes to the Land Use Ordinance be considered that provide more opportunity for property owners to operate vacation home rentals? Since the initial adoption of Ashland's Travelers' Accommodation Ordinance in the early 80's, the code has been amended as a way to adjust to new conditions and concerns. Given the measurable increase in non-licensed, individual vacation home rentals, the Commission feels it is timely to consider whether travellers' needs are being met by current permitted accommodations. Testimony was given by operators of current permitted travellers accommodations that vacancy rates indicate the ability to meet current demand, however travellers may be choosing non- permitted offerings that are lower in price and close enough to the downtown area to walk. Testimony indicated the belief that non-compliant rentals can offer a lower price because they are not burdened with the costs associated with maintaining compliance. Commissioners concluded that Ashland should find ways to enforce compliance with regulations, but also expand the types of accommodations to include some single units in the downtown area that are non-owner-occupied. 2. Currently, vacation home rentals are permitted as a conditional use in multi-family zoning districts (R-2 and R-3) on properties abutting or located within 200 feet of an arterial or collector street. Should the area eligible for establishing a vacation home rental be increased to include: a. All land within Ashland's multi-family zoning districts? and Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 shland.or.us Page Page 2 53 The Commission strongly considered allowing all properties within multi-family zoning districts (R-2 & R-3) to be eligible to submit a land use application for short term vacation rentals. Currently, only properties abutting or within 200 feet of a major street, such as an arterial and collector, are eligible to request a conditional use permit. While the intent of the 200-foot rule was likely to direct the additional traffic from vacation rentals to a limited area adjacent to or within a block of streets designed and anticipated to accommodated greater loads, this may not be a significant factor given the proximity of much of the city's multi-family lands to major streets with our network. An evaluation of this recommendation shows that this would result in 600 additional properties being eligible to operate vacation rentals, an approximately 40 percent increase above the current number of properties. The Commission believes that this approach may draw the least neighborhood notice as the city's multi-family zoning districts already allow a wide variety of uses. They noted that the Comprehensive Plan supports economic uses in multi-family zoning where it does not impact the primary residential use. This could also be the option, however, most likely to impact more existing and future rental housing, since those are generally located in the R-2 and R-3 zones. b. Should a property owner/business-owner/manager be required to live on site in the case of a property where only one vacation home rental is in operation? The Commission believes that it would not create significantly greater impacts if we did not require the property/business owner or site manager to reside on the property in cases where the use of the site consists only of a single, individual vacation home rental in the downtown area. If the Council chooses to make this change, it is recommended that the code be amended to require that 24-hour contact information be posted in the home, as well as made available to surrounding neighbors within a specified distance from the property. As part of the discussion, a commissioner expressed concern about the potential impacts of having too many individual vacation homes without an on-site owner/manager concentrated in a given area. "Could we run the possibility of certain neighborhoods taking on a character more like Sunriver, Oregon?" Another commissioner expressed concern for neighbors in the area and the need for them to readily contact the property owner or property management should major problems arise. Another commissioner proposed limiting the total number of units of this type that would be permitted. 3. Currently, vacation home rentals are prohibited as a use in single family zoning districts (R-1). Should lands within Ashland's single family zoning districts be eligible for establishing a vacation home rental through the conditional use procedure? The Commission recommended that Council continue to prohibit short term vacation rentals in t single family (R-1) zoning districts. In general; the Commission would prefer to make small changes initially and evaluate the effectiveness of those changes, rather than opening up larger areas of the city to be eligible when not fully understanding the potential impacts. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 I w .ashland.or.us Page 3 54 4. In all cases above, should establishing a vacation home rental be subject to a land use application, such as a conditional use permit, with public notice providing to surrounding neighbors? The Commission suggests that the decision of whether to permit short term vacation home rentals should be handled through the conditional use permit process, as currently required. This process allows for surrounding property owners to be notified and key impacts addressed through conditions of approval. Operation of a short term vacation rental in a residential zone represents a quasi-commercial use in the form of providing an overnight accommodation for travelers and visitors. The Housing Element of Ashland's Comprehensive Plan states that mixed uses often create a more interesting neighborhood environment and should be considered wherever they will not disrupt existing residential area. The Plan states this policy should be implemented through the list of Conditional Uses in multi-family zones and the adopted approval procedures. We believe the recommendation for maintaining the requirement that these operations, regardless of scale, require a conditional use permit is consistent with existing Plan policies. Other Considerations 1. Code Compliance The Commission did not feel that concerns raised by citizens concerning the need for city staff to be more diligent in their efforts to seek compliance with existing city codes was within their scope of action. Historically, compliance with provisions related to travelers' accommodations in the Ashland Land Use Ordinance (ALUO) has been enforced on a case by case basis, initiated by written neighbor complaints as well as owners of approved visitor accommodations. The Commission wished to draw attention to the fact that noncompliant vacation rentals go beyond being out of conformance with the ALUO, and are also not paying commercial utility rates, transient occupancy taxes or business licensing fees. It seems unlikely that simply expanding the number of properties eligible to request land use approval for a vacation home rental will solve the compliance problem. Enforcement would ultimately depend on more aggressive actions that may necessitate a new approach and very likely additional resources. The Commission also believed that there are some proactive alternatives to code compliance that should be explored. This would include making a list of approved accommodations readily available to traveler's seeking to visit Ashland, as well as evaluating a formal certification process that assists to clearly identify licensed and approved overnight accommodations. 2. Limitation on Concentrations Individual members expressed concerns over possible adverse impacts that a concentration of legitimately approved vacation rentals may have upon a neighborhood. Other code provisions for possible consideration might include a limitation on total number of vacation homes; a limitation on new vacation homes to be added each year and/or a limitation on numbers of vacation homes Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520=, Page 4 hland.or.us IIF Page 4 55 within a certain distance of each other. While uncertain of the level of success, these represent examples of requirements employed by other communities. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 Page 5 hland.or.us Page 5 56 CITY OF ASHLAND Memo DATE: 2/27/2013 TO: Bill Molnar, Community Development Director FROM: Linda Reid RE: HC recommendation on vacation rentals At their regular meeting held on January 23, the Housing Commission forwarded a recommendation that the Council make no changes to the existing code that regulates vacation rentals units. Commissioners cited several reasons for making such a recommendation, including: the detrimental effects that allowing current rental units to convert to vacation rentals could have on the available rental housing stock; a reduction in housing availability (both ownership and rental), and the potential to raise housing costs as it is more lucrative for owners to rent properties for short term stays than to maintain them for year round residents. Many commissioners felt that allowing the conversion of current owner-occupied and rental units to vacation rentals would further exacerbate the existing lack of housing for families with children as less housing will be available for those who already live in the community or those who would like to live in the community. Housing Commissioners were also concerned about the effects on the housing stock occupied or sought by students and for long term renters, citing the City survey's low scores for housing affordability and availability. Housing Commissioners felt that the City would need to work on the compliance piece if the code were to stay the same. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-088-5305 20 E. Main Street Fax: 541488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 ~.ashland.or.us 57 Other Discussion Materials 58 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08 AND 18.20.030 OF THE ASHLAND LAND USE ORDINANCE TO ESTABLISH STANDARDS FOR SEASONAL SHORT TERM HOME OR ROOM RENTALS WITHIN SINGLE FAMILY RESIDENTIAL DISTRICTS. Annotated to show -'sand 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, the City Council has determined that preservation of the character of residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has found an increasing number of single family residential dwellings are being rented to transients on a short-term basis for less than thirty (30) days; and WHEREAS, the City Council has determined short-term rentals of single family dwellings is a business activity which escalates demand for City services; and WHEREAS the City Council has determined the City has a substantial interest in ensuring that all transient occupancy tax required to be collected and remitted is in fact collected and remitted on a fair and equitable basis; and WHEREAS, the City Council finds seasonal short-term home or room rentals are not currently listed as a permitted or conditionally permitted use in the R-l, Single Family zoning districts in the City; and WHEREAS, the City Council has determined it is necessary to establish rules and regulations to permit seasonal short term home or room rentals within the City in order to ensure the safety and convenience of transients, and to preserve the peace, safety and general welfare of the long- term resident of neighboring properties; and Ordinance No. Page 1 of 6 59 WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on June 11, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The definitions Chapter 18.08 of the Ashland Land Use Ordinance is hereby amended to newly include the following definitions: 18.08 Definitions 18.08.638 Seasonal Short Term Home or Room Rental Interim or seasonal use of a dwelling or bedroom in an R-1, single family zone, for short term rental purposes. Use of the seasonal short term rental is limited to a maximum of 90 days in a calendar year SECTION 2. Chapter 18.20.030 [ R-I Single-Family Residential District] of the Ashland Land Use Ordinance, is hereby amended to read as follows: 18.20.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with Chapter 18.104, Conditional Use Permits. A. Churches and similar religious institutions. B. Hospitals, rest, nursing or convalescent homes. C. Parochial and private schools, including nursery schools, kindergartens, day nurseries, business, dancing, trade, technical or similar schools. D. Public and public utility buildings, structures and uses. (Ord. 2121 S2, 1981) E. Recreational uses and facilities, including country clubs, golf courses, swimming clubs and tennis clubs; but not including such intensive commercial recreational uses as a driving range, race track or amusement park. F. Off-street parking lots adjoining a C or M district subject to the provisions of Chapter 18.92, Off-Street Parking. G. Public and quasi-public halls, lodges and clubs. Ordinance No. Page 2 of 6 60 H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of dwelling units shall not exceed 2 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title. 1. Group Homes. (Ord. 2348 SI, 1985; Ord. 2624 S1, 1991) J. Disc antenna for commercial use. K. Dwellings in the Historic District exceeding the maximum permitted floor area pursuant to Section 18.20.040. L. Nonconforming use or structure changes required by Section 18.68.090. M. Temporary uses. N. Wireless Communication Facilities when attached to existing structures and authorized pursuant to Section 18.72.180. 0. Seasonal Short Term Home or Room Rental, subject to the following: General Requirements 1. The seasonal short term home or room rental is on the property which houses the primary residence of the property owner; 2. The property on which the seasonal short-term rental is established is located within 200 feet of an arterial (Boulevard) or collector (Avenue) street as designated in the City's Comprehensive Plan. Distances shall be measured via a public street or public alley to the site from the collector or arterial. 3. Not more than one dwelling or one room in a dwelling per parcel may be used as a seasonal short-term rental. 4. Use of the seasonal short term home or room rental is limited to a maximum of 90 days in a calendar year; 5. Before April 1st, the property owner shall provide City Community Development and Administrative Services Department's the dates for period of use (i.e. June through September); 6. A seasonal short term home rental shall have a maximum occupancy of two persons per bedroom. The total number of guests staving in the seasonal short- term home at any one time shall be no greater than two times the number of bedrooms plus two persons, up to a maximum of eight (8) persons. The total number of guests staving in the seasonal short-term room rental at any one time shall be two; 7. A minimum of two off-street parking spaces shall be available for use by the occupants of a seasonal home rental and one off-street parking space for a seasonal room rental. Management 8. The conditional use permit for the seasonal short-term home or rental shall be in the name of the owner-applicant, who shall be an owner of the real property upon which the seasonal short-term rental is to be issued. One person may Ordinance No. Page 3 of 6 61 hold not more than one conditional use permit for a seasonal short term rental. The permit shall not be transferable. 9. The owner-applicant shall keep on file with the city the name, telephone number, and email address of a local contact person responsible for responding to questions or concerns regarding the operation of the seasonal short-term rental. a. The information required above shall be posted in a conspicuous location inside the seasonal short-term rental. b. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond to the seasonal short-term rental matters within thirty (30) minutes when the seasonal short term rental is rented and occupied. 10. Once the conditional use permit is approved, and prior to April 1st of each subsequent year, the owner shall provide written notice to all neighboring property owners within a two-hundred (200) foot distance from the parcel on which the seasonal short-term rental is located and include the following information: a. The name, telephone number and email address of the local contact person provided to the city pursuant to subsection O (9) of this section. b. The maximum number of guests permitted to stay in the seasonal short-term rental. c. A copy of the conditions of approval and Planning Action number for the Conditional Use Permit approving the seasonal short-term rental. d. Contact information for the city official that members of the public may contact to report violations of the seasonal short-term rental regulations or conditions of approval attached to the seasonal short-term rental. I I.The owner-applicant shall post "house policies" within the seasonal short- term rental. The house policies shall be included in the rental agreement, which must be signed by the renter and shall be enforced by the owner applicant or the owner-applicant's designated contact person. The house policies at a minimum shall include the following provisions: a. Quiet hours shall be maintained from 10:00 p.m. to7:00 a.m., during which noise within or outside the seasonal short-term rental shall not disturb anyone on a neighboring property. b. Amplified sound that is audible beyond the property boundaries of the seasonal short-term rental is prohibited. c. Vehicles shall be parked in the designated parking areas. 12. The owner-applicant shall use best efforts to ensure that the occupants and/or guests of the seasonal short-term rental do not create unreasonable noise or disturbances. Upon notification that occupants and/or guests of the short-term home rental have created unreasonable noise or disturbances, or committed violations of this code, the owner shall promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests. Licensing, Inspections, Taxes & Advertising 13. A seasonal short-term rental shall meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire Ordinance No. Page 4 of 6 62 department before occupancy following approval of a conditional use permit for the seasonal short-term rental. 14. The owner-applicant shall maintain city business licenses and pay all transient occupancy taxes in accordance with Chapter 4.24 of this code as required. 15. All advertising for any seasonal short-term rental shall include the City of Ashland Planning Action number assigned to the owner-applicant. 16. Advertising the availability of residential property for use as a seasonal short- term rental without a valid Conditional Use Permit approval, current business license, or transient occupancy tax registration shall be subject to enforcement procedures. SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this - day of , 2013. John Stromberg, Mayor Reviewed as to form: Ordinance No. Page 5 of 6 63 David H. Lohman, City Attorney Ordinance No. Page 6 of 6 64 - wroi ~'DAS'TL_ : ENEVAD -4 Potential Traveler Accommodation Locations C-1 & E-1 Zoned Properties J ?r R-2 or R-3 zoned within 200' of an Arterial or Collector Street L Z ~ Arterials Collectors Buffer AP o z WI ER S ~H w r E HERS ST E H RSE 100 G~ NO 3 ~ ~1 " k bpd _ _ _ I LLI NUTL ST Q E MAIN ST .I RAWB _ /r, ~0. IQ M T M_ r.! T p ~ ~ I, t- yy W' Z I. I Q 0 { w f Us• z - o of > r0 w 1 S . LMPb S7 ~ ~ I HlA_ND _ ~ - it I oG < ~ ~ v z - I U C O l+. r J N p 0 1 0 3 J A I CN~EYRD~ c ! : l SI~. DF r) N 0 900 1,800 3.600 5,400 7,200 Feet 65 Property fines are for reference, only, not scaleabfe CITY OF ASHLAND Council Communication July 16, 2013, Business Meeting A Resolution Asserting the Parks Commission's Responsibility to Hire the Parks Director and Disavowing any Council Intent to Take Control of Parks Commission Responsibilities FROM: Dave Kanner, City Administrator, dave.kanner@ashland.or.us SUMMARY Councilor Slattery requested that Council consider a resolution titled, "A Resolution Asserting the Parks Commission's Responsibility to Hire the Parks Director and Disavowing any Council Intent to Take Control of Parks Commission Responsibilities." Per AMC 2.04.030(5)(B), Councilor Slattery wrote this resolution, thus involving no staff time in its preparation, and notified the City Administrator by noon of the Wednesday prior to the July 16 Council meeting of his request that it be placed on the agenda for that meeting. BACKGROUND AND POLICY IMPLICATIONS: See summary. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move to approve the resolution titled, "A Resolution asserting the Parks Commission's Responsibility to hire the Parks Director and disavowing any Council intent to take control of Parks Commission responsibilities ATTACHMENTS: Proposed Resolution Page I of I ~r, RESOLUTION NO. A RESOLUTION ASSERTING THE PARKS COMMISSION'S RESPONSIBILITY TO HIRE THE PARKS DIRECTOR AND DISAVOWING ANY COUNCIL INTENT TO TAKE CONTROL OF PARKS COMMISSION RESPONSIBILITIES RECITALS: A. Due to changes in funding methodology a condition of uncertainty has existed between the Council and Parks Commission. B. An ad-hoc committee has been established to develop the starting discussion points to help resolve issues of funding, management and operational control for the Council and Parks Commission to work together to find sustainable solutions. C. Concern exists among the Parks Commission members and some citizens that the Council wishes to take over the responsibilities of the Parks Commission both as set by the city charter and by historical precedent. D. The question of choosing a new Parks director will be based on the historical precedent with the decision made by the Parks Commission. The Parks Commission will be the lead in developing the search criteria and developing the interview process. The Parks Commission will be encouraged to include members of the Council and other stakeholders in the selection process. THE COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Council commits to a collaborative process to determine funding and operations issues aimed at building consensus and partnership between Council and the Parks Commission. SECTION 2. The Council supports the work of the ad-hoc committee as it applies to their charge. The Council views the work of the ad-hoc as the important first steps to a collaborative effort to build consensus around the issues to be dealt with by the Council and Parks Commission. SECTION 3. The Council completely and without reservation dismisses the notion that the Council has an interest in taking over the Parks Commission's responsibilities of management and operations. Comments to the contrary are simply baseless and without substance. SECTION 4. The Council affirms the right of the Parks Commission to select the Parks director. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder Page I of 2 SIGNED and APPROVED this day of 2013. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney e, Page 2 of 2