HomeMy WebLinkAbout2014-0401 Council Agenda PACKET CITY OF
A S HLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 1, 2014
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
CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Joint Meeting with Parks Commission of March 12, 2014
2. Business Meeting of March 18, 2014
VI. SPECIAL PRESENTATIONS AWARDS
1. Proclamation of April 6 -12, 2014 as Arbor Week in Ashland
2. Proclamation of April 13 -19, 2014 as Independent Media Week
3. Code Compliance Program six month update
4. Presentation regarding electric vehicle charging station incentives
VII. CONSENT AGENDA
1. Acceptance of Commission and Committee minutes
2. Recognition of Ashland as a Tree City USA city for the 29 consecutive year
3. Liquor license application for William Roussel dba Ashland Mountain
Adventures
4. Approval of recommendation from the Public Art Commission for installation
of a sculpture at the Calle Guanajuato staircase
5. Approval of recommendation from the Public Art Commission for the
installation of a mural at the Emergency Food Bank
6. Special procurement for building repairs to Fire Station #1
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
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
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
X. UNFINISHED BUSINESS
1. Second reading by title only of a ordinance titled, "An ordinance amending
AMC Chapter 2: Rules of City Council; Uniform Policies and Operating
Procedures for Advisory Commissions and Boards; Recreation Commission;
Conservation Commission; and Certain Administrative and Operating
Departments"
XI. NEW AND MISCELLANEOUS BUSINESS
1. Recommendation from the Downtown Beautification and Improvement ad hoc
Committee
2. Appointment to Citizen Budget Committee
3. Direction to Housing and Human Services Commission regarding students as
a protected class in the Fair Housing ordinance
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading by title only of an ordinance titled, "An ordinance modifying
the Verde Village Subdivision's Development Agreement to clarify project
phasing and make clear which improvements are required with each phase
and to allow either phase to occur first; to change the energy efficiency
requirements for the development so that all units will be constructed to at
least Earth Advantage Gold standards and will be photovoltaic ready; and to
change the landscaping requirements associated with construction of the
multi -use path"
2. First Reading of an ordinance titled, "An ordinance imposing a temporary
moratorium on establishment of medical marijuana facilities in the City of
Ashland, and declaring an emergency"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS /REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
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. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST LIVE ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WW W.ASHLAND.OR.US
Joint Council /Parks Meeting
March 12, 2014
Page 1 of 3
MINUTES of the CITY OF ASHLAND
CITY COUNCIL /PARKS COMMISSION JOINT MEETING
City Council Chambers 1175 E. Main St.
March 12, 2014, 7 p.m.
Meeting was called to order at 7:00 p.m. in the Civic Center Council Chamber by Park Commissioner Stefani
Seffinger.
Councilors Slattery, Voisin, Rosenthal, Marsh, Lemhouse and Morris were present. Park Commissioners Vanston,
Lewis, Landt, Seffinger and Gardiner were present.
PUBLIC COMMENT None
REVIEW AND APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN ASHLAND
CITY COUNCIL AND ASHLAND PARKS AND RECREATION COMMISSION
Director of Parks Recreation Don Robertson shared with the body how things have changed over the years and
the changes of how business is conducted. He stated that the integrity of conducting business has not changed but
the manner in which business is conducted has changed. In the past, business has been done by "hand- shakes"
but this no longer works.
City Administrator Dave Kanner presented the proposed Memorandum of Understanding (MOU) which uses the
textbook definition of management. He stated that the MOU had been presented to the Council /Parks Ad Hoc
Committee and reflects current operations.
Concern was voiced regarding Section 4(6)(b) the language "without deviation" and Section 4(6)(i) language
regarding use of new media. It was said that the Parks Recreation Department could be marginalized by policy.
That the Park Commission and staff should be given the right to provide social media platforms and that the
authorization should lie with the Commission. It was noted that it is currently difficult to navigate through the
city website. It was explained that the city website is layered and each department is responsible for its own
section. Copyright law is important to keep in mind, maintaining consistency of format, and the ability to
recognize the site as the official "City of Ashland" was noted. The ability to retain records and following
compliance as it pertains to State Law was mentioned.
Comments supporting the ability of Parks Recreation to conduct and maintain their own website but comply
with public records, retention was voiced. They should be encouraged to create and reflect their department.
Concern was voiced that there should be consistency in policy as it refers to employees, that new hires are
currently required to sign off on all policies prior to their beginning work. This is helpful with any future
litigation cases. It was understood that Parks would only be interested in policies that pertain directly to their
expertise and department. Parks should have flexibility and it would be incumbent upon Parks to develop a policy
that protects the identification of the City of Ashland. Park Commissioners felt it was important to explore other
media sources and understood the need for consistency. It was suggested that Parks could have their own
identification and use this for consistency which would include making clear to user that they are at an official
website.
Joint Council /Parks Meeting
March 12, 2014
Page 2 of 3
Mr. Robertson stated that current Park Recreation website is consistent with city website other than the Senior
Center site. This is due to the difficulty seniors have with accessing the web and is much simpler to use and
access by our senior citizens.
The Medford Parks website was used as an example along with some of the roadblocks that they experienced.
Comment was made that we need to find ways to overcome unique barriers, find ways to excite people about
Parks Recreation. City Attorney Dave Lohman suggested language change to "Parks can develop its own
Facebook and Twitter pages and "will coordinate with the city its publications and will comply with city's
policies whenever possible and appropriate."
It was stated that the use of the word "parks" was confusing as it is used in different ways throughout the
document. Request was made to better identify the definition with the document and agreement to drop "without
deviation" in Section (6)(b).
Consensus by body was to direct staff to provides language within the proposed MOU that the City agrees to
provide Parks Commission with more latitude for development of their website, deletion of "without deviation"
and better identification of when "parks" is used within the document and would be brought back individually to
each body.
REVIEW AND DISCUSSION OF PARKS COMMISSION RECOMMENDATION FOR FUTURE USE
OF UNAPPROPRIATED FUND BALANCE IN THE PARKS FUND
Commissioner Gardiner presented recommendation on use of "Un- appropriated Fund Balance."
He reported that the Parks Commission and staff had identified two projects for best use of these funds.
Sidewalks along Lithia Park
Second Dog Park in lower Clay Street
City Administrator Dave Kanner explained that the proposal would be presented to the Citizen Budget Committee
in next budget cycle. He clarified that this would be a transfer from general fund of un- appropriated funds and that
the projects would need to be identified in the Parks Capital Improvement Plan. The next step would be to get the
Citizen Budget Committee concurrence. He confirmed that the fund amount is $470,000 and staff clarified that
the estimate for the projects is $496,000. If the amount changes, the projects would be re- evaluated. It was felt
that there was value for the projects and worth discussing. The Park Commission spent a great deal of time and
discussion when identifying these two projects which address safety and transportation issues.
It was confirmed that any changes would need to go through the full Citizen Budget Committee process.
Comment was made that the Park Commission should have control over how they manage funds that are
appropriated to them. It was also noted that the Ad Hoc Council /Park Committee supported use of the Un-
appropriated Fund Balance which would give the Parks Commission the ability to take charge on the use of these
funds. Consensus of support was voiced for proposed use of Un- appropriated Fund Balance.
Budget committee would be meeting May of 2015.
OTHER BUSINESS FROM COUNCIL OR COMMISSION MEMBERS
Joint Council /Parks Meeting
March 12, 2014
Page 3 of 3
It was announced that a joint meeting of the Council with the Citizen Budget Committee would betaking place in
the near future. The agenda for the joint meeting may be limited to one or two items and Park Commissioners
will be notified of the topics in order to allow time for discussion. It was still be discussed how interaction with
Parks Commissioners would take place.
It was reported that the City Council had recently conducted their goal setting session and were currently in the
process of processing the substance of the session and setting a time for the Park Commission to be involved in
the long -term Strategic Planning of the City.
ADJOURNMENT
Meeting was adjourned at 8:14 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
Regular City Council Meeting
March 18, 2014
Page 1 of 8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 18, 2014
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, 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 21, 2014.
Councilor Marsh /Slattery m/s to place on the agenda discussion regarding a moratorium on medical
marijuana businesses. Voice Vote: all AYES. Motion passed.
Mayor Stromberg moved Public Forum and Unfinished Business item #1. First reading by title only of an
ordinance titled, "An ordinance modifying the Verde Village Subdivision's Development Agreement to
clarify project phasing and make clear which improvements are required with each phase and allow
either phase to occur first; to change the energy efficiency requirements for the development so that all
units will be constructed to at least Earth Advantage Gold Standards and will be photovoltaic ready;
and to change the landscaping requirements associated with construction of the multi -use path," after
the Consent Agenda with Council consent.
APPROVAL OF MINUTES
The minutes of the Study Session of March 3, 2014, Executive Session of March 3, 2014, Business Meeting
of March 4, 2014, and Goal Setting of March 8, 2014 were approved as presented.
SPECIAL PRESENTATIONS AWARDS
Assistant Planner Michael Pina and Tree Commission Vice Chair Ken Schmidt presented the 2013 Tree of
the Year award to the Freemont Cottonwood located at 380 Clay Street and highlighted activities occurring
throughout the month of April.
CONSENT AGENDA
1. Acceptance of Commission and Committee minutes
2. Request for endorsement of the AAUW Garden Tour to hang a banner across East Main Street
3. HMEP Grant application request
4. Liquor license application for Elisa Boulton dba The Lunch Show
5. Prioritization of Future Planning Initiatives
6. City of Ashland risk management report for FY 2012 -2013
7. Economic Development Strategy quarterly update
Council pulled Consent Agenda items #6 and #7 for further discussion. Finance Director Lee Tuneberg
addressed the risk management report and explained the 26% increase in liability insurance was the overall
average in the CIS pool and Ashland should see something smaller due to the City's good history. The City
County Insurance Services program covered 98% of the government agencies in the state. It would be
difficult finding coverage outside the pool. Mr. Tuneberg would forward rate increase information to
Council once he received notification from CIS.
Regular City Council Meeting
March 18, 2014
Page 2 of 8
Management Analyst Adam Hanks addressed the Economic Development Strategy update and provided
additional information on the Ashland Resource Business Portal, the enterprise zone and the Green Business
Challenge.
Councilor Morris /Lemhouse m/s to approve Consent Agenda items. Voice Vote: all AYES.
PUBLIC FORUM
Nancy Nelson/149 Clear Creek #202 /Invited everyone to attend a presentation by Dr. Ray Seidler March
21, 2014 at the Southern Oregon University campus on the economic and ecological issues regarding
genetically modified crops.
Josh Barber /1401 Oregon #185 /Explained he was student at Southern Oregon University (SOU) and talked
about rental discrimination towards students.
Andrew Ensslin /1401 Oregon #277 /Currently served as the SOU student liaison to the City Housing and
Human Services Commission and asked Council to amend the Fair Housing Ordinance (AMC 10.110) to
prevent housing discrimination based on student status and age.
Kristi Wright/40 Wightman #6 /Explained she was a senior at SOU who served as the Associated Students
of Southern Oregon University ASSOU) communications director and the manager of the Fair Housing
Campaign. ASSOU asked Council to amend Ashland Municipal Code 10.110 Fair Housing to include
protected classes for student status, age, and clarify the enforcement process.
Jason Houk/137 Stu Street/Expressed appreciation for the new Ashland Community Resource Center and
services.
Thomas Letchworth /820 Glendale /Explained he was the student body president at SOU and encouraged
Council to pass an ordinance that recognized students as a protected class to end blatant and illegal
discrimination of students in the housing community.
Councilor Slattery/Marsh m/s to add fair housing and Southern Oregon University students to the
agenda for further discussion. Voice Vote: all AYES. Motion passed.
UNFINISHED BUSINESS
1. First reading by title only of an ordinance titled, "An ordinance modifying the Verde Village
Subdivision's Development Agreement to clarify project phasing and make clear which
improvements are required with each phase and allow either phase to occur first; to change the
energy efficiency requirements for the development so that all units will be constructed to at least
Earth Advantage Gold Standards and will be photovoltaic ready; and to change the landscaping
requirements associated with construction of the multi -use path"
Mayor Stromberg read the land use procedures to modify the ordinance for the Verde Village Subdivision's
Development Agreement. The changes would clarify project phasing, required improvements with each
phase and allowed either phase to occur first. It would change the energy efficiency requirements for the
development so all units were at least Earth Advantage Gold Standard and photovoltaic ready. It would also
change the landscaping requirements associated with construction of the multi -use path.
Council declared no Exparte contact. Associate Planner Derek Severson clarified the development
agreement would transfer to the new owners if the property sold. New owners could request further
modifications to the agreement.
Regular City Council Meeting
March 18, 2014
Page 3 of 8
Councilor Morris /Marsh to approve First Reading by title only of the ordinance titled, "An Ordinance
Modifying the Verde Village Subdivision Development Agreement," with the two amendments
recommended by the Planning Commission and move it to Second Reading. Roll Call Vote: Councilor
Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion passed.
PUBLIC HEARING
1. Public Hearing and Council direction to staff regarding an ordinance prohibiting the unlawful
carrying of loaded firearms in public places.
Bruce Borgerson /209 Sleepy Hollow Street/Represented the Peace House board and spoke on their behalf.
He encouraged Council to support the ordinance despite the opposition's use of threats and intimidation.
Katie Latham /1149 Oak Street /Ashland did not have an open carry problem. People who thought they
were safer with the ordinance should move to Portland or one of the cities that adopted a similar ordinance.
The City had no right to limit her or her family's constitutional rights.
Amy Haptonstall/341 Beach Street/Reminded Council their oath of office was to uphold and protect the
state and federal constitution, not manipulate an unconstitutional law at the expense of citizens. It created a
division within the community and infringed on second and fourth amendment rights.
Robin Haptonstall/341 Beach Street/Equated the proposed ordinance to one that prohibited unsupervised
minors access to skateboards.
Donald Morris /1644 Ross Lane /Served as an army artillery officer and was a lifelong hunter. Mishaps
occurred with legal gun owners daily. A responsible gun owner observed gun safety at all times and went on
to cite gun safety guidelines.
Heidi Weeda/313 Cambridge Street/Explained if a teacher, parent, or guardian carried a gun at Sandy
Hook Elementary School, they would have stopped the murderer much faster or prevented the mass shooting
altogether. People would have to wait a long time for the police in the event a gun- carrying criminal
infiltrated a community that prohibited firearms.
Ken Gudger /497 Lori Lane /Explained why he and his wife previously co- chaired the central California
chapter of the Brady Campaign to Prevent Gun Violence. The fact was states and local agencies that passed
and implemented reasonable firearm regulations saw a significant reduction in homicide and suicide by
firearm. He supported the proposed ordinance.
Biome /19 Main Street/Stated Council and City staff took an oath to uphold and defend the US and Oregon
constitutions and considered anyone who sought to subvert or violate either constitution terrorists and traitors
to the country. He read the Second Amendment, Article 1 Section 27 of the Oregon Constitution, and historic
quotes.
Steve Richie /598 East Main Street/Did not understand why they were discussing the gun ordinance when
the Police Chief researched other communities with a similar ordinance and found no quantifiable benefit.
Jonny Boulton /165 East Main Street/The ordinance would create an unnecessary infringement and not
deter criminals. Council did not have lawful authority to infringe people's rights.
Tanner Richie /598 E Main Street /Explained he was a student at Southern Oregon University and many
students opposed the gun ordinance.
Regular City Council Meeting
March 18, 2014
Page 4 of 8
Nancy Nelson /149 Clear Creek #202/Moved from California to Oregon two years ago and shared two
experiences she encountered involving guns in southern Oregon. She supported the ordinance.
Victor Chang/519 Sutton Place /Agreed with previous testimony that downtown Ashland did not need guns
and supported the evidence reducing access to guns decreased accidental deaths by gunfire and suicide rates.
John Briery /784 A Street /Opposed the ordinance and urged Council to oppose it as well. He disagreed that
cities with stronger gun control experienced fewer gun related deaths.
Elaine Delsman /555 Fairview /Stated the constitution gave the people the right to bear arms and an unloaded
gun was useless. She wanted to right to protect herself.
Bill Skillman /635 Oak KnollNehemently opposed to the ordinance. Current laws were adequate. This was
a "feel good" ordinance that would accomplish nothing.
Andy Kubik/1251 Munson Drive /Supported the ordinance and had owned firearms for almost forty years.
The second amendment was almost a privilege that came with tremendous responsibility. With that was the
respect that guns were deadly weapons, not toys, political tools, or props.
Scott Gausen /307 Garfield /Did not support the proposed ordinance and thought it was unreasonable. The
NRA (National Rifle Association of America) had deep pockets and that Portland had not had any issues
with their ordinances did not mean that Ashland would not.
Bruce Albert/1411 Ponderosa Drive /Opposed the proposed ordinance. The City Attorney provided options
and one was to do nothing. The litigation costs the City Attorney gave did not include police staff costs and
logistics. He urged the Council not to pass the ordinance.
Rochelle Newman /819 Pavilion Place/Did not advocate open carry guns or concealed guns and abhorred
the concept of stand and defend. Only law enforcement agents, hunters, and target shooters needed to have
guns. A guns only function was maiming or killing. The NRA would have everyone believe that carrying a
gun was tantamount to being a free person. She believed carrying a weapon provided a false sense of
security and an illusion of power.
Davis Wilkins, MD /220 Pompadour Drive /Explained she was a local physician and supported the passage
of both ordinances. The constitution guaranteed the right to responsible gun ownership and the ordinance
would not affect responsible, legal gun owners.
Dave Hering /170 Sherman Street /Strongly supported Council adopting the ordinance. It was a moderate
common sense safety ordinance and the open carry ordinance as proposed did not pose litigation risk to the
City and would not apply to people with concealed handgun licenses (CHL).
Matt Oliva, MD /220 Pompadour /Explained he was a local physician who treated many gun accidents and
shared recent experiences of minors accessing guns. The ordinance would not infringe on people's rights but
could act as a meaningful deterrent. He urged Council to enact the ordinance.
Lynn Ransford /1183 Village Square/Described the reactions of children during a previous Council meeting
who were eye level with a man carrying an assault rifle. Many people grew up with hunting rifles, this was
different. Weapons designed only for war and killing fellow human beings did not contribute to a child's
sense of safety. The state supreme court had upheld ordinances that prevented the display of loaded weapons
in public places. She urged Council to adopt the same ordinance for Ashland.
Regular City Council Meeting
March 18, 2014
Page 5 of 8
Cat Gould /114 Van Ness Avenue/The key phrase in the second amendment was "well regulated." She did
not want to take anyone's guns away but wanted it regulated. It was a common sense law similar to the laws
regarding drinking, and bike riding. She originated from Australia that experienced a 100% reduction in
mass shooting and a dramatic drop in accidental death due to adopting strong gun control regulations.
Colin Swales /143 Eighth Street /Supported both ordinances and hoped Council would vote on the ordinance
and not pass it to the voters.
Timothy March /9964 Wagner Creek Road/Talent, OR/Shared he was a local physician and encouraged
people to move past their emotions regarding the issue and focus on the research and facts.
Anthony Hutchison /292 Clinton Street /Explained he was the Rector of the Trinity Episcopal Church and
shared that over 3,000 children died each year due to gun violence. The US had a culture of violence. The
American Bill of Rights consciously copied the English Bill of Rights where the second amendment
originally protected the rights of Protestants so they could defend themselves against Catholics. The
American Bill of Rights included the right to bear anus because the militia was essential to democracy.
Second amendment fundamentalism was part of the violence of this country.
Scott Ploss /255 Mobile Drive /Opposed the ordinance.
David West/1533 Jasper Street/Medford, OR/Opposed the ordinance and clarified gun safety rules.
Bruce Cook/5128 Beagle Road/White City, OR/Shared he was an SOU studying criminal law. He quoted
Sir Robert Peel regarding modem policing and noted federal government studies showed criminals feared
armed citizens more than a uniformed police officer.
Colby Olsen /8321 White Mountain Drive/White City, OR/Noted the use of the word "democracy," and
clarified the US was a constitutional republic and each individual had rights that could not be taken away.
The problem was lack of education and people not understanding the definition of democracy.
Orionne Randal /196 Bearon Hill Road /Opposed the proposed ordinance. The world had eroded the rights
of individuals and he did not want to see it happen any further in the US.
Public Hearing was closed at 8:53 p.m.
Councilor Voisin wanted to make a motion to adopt an ordinance restricting openly carrying loaded firearms
in public places. The ordinance would not diminish second amendment rights and represented the citizens'
voice for a safer Ashland regarding open carry. Councilor Marsh supported the ordinance drafted by the City
Attorney. It would be a statement of community values, a reasonable safety measure, and constitutionally
defensi ble.
Councilor Rosenthal saw the proposed ordinance as problematic, risky, and unsure it would make the
community safer. He was more interested in the child endangerment aspect. Councilor Lemhouse shared his
personal and professional background with guns. He was a strong supporter of gun rights and gun
responsibility. He would support stricter penalties for those who were irresponsible with their firearms or
broke firearm laws. Open carry was disruptive to a community and he did not think it was a problem in
Ashland. He was reluctant to pass a law that might not be effective. Cities could not preempt state law and
the best way to affect change regarding guns was at the state level.
Councilor Slattery grew up hunting with guns and would never consider carrying a loaded weapon in public.
Council should make the decision and not put it out for a vote. Meaningful gun laws occurred at the state
Regular City Council Meeting
March 18, 2014
Page 6 of 8
and federal level. He was not comfortable adopting a law that was possibly not enforceable. He was not
sure if Ashland was the right place for this kind of law, and if people who open carried really helped the
community. Councilor Morris had issues regulating firearms in people's cars and was not sure he would
support the ordinance. He was more interested in the ordinance on child safety but state law prevented the
City from moving forward on that ordinance.
Mayor Stromberg commented people in Ashland wanted to join with other communities trying to turn the
tide on this complicated issue. The NRA had a lot of power and alternately creating tremendous frustration
and he was not sure how it would end. He did not think Ashland had a problem with people illegally open
carrying loaded firearms. Additionally the community had almost no firearm violence. It made it difficult
for Council because they had a responsibility to be pragmatic and careful about getting involved in symbolic
acts that lacked a local legitimate reason. Another option for Council was possibly approving a resolution
that requested legislature find a way that did not infringe on second amendment rights but held people
responsible for keeping their guns secure.
Councilor Voisin/Marsh m/s that Council give direction to Legal staff to draft an ordinance restricting
openly carrying loaded firearms in public places similar to the one presented by Legal staff.
DISCUSSION: Councilor Voisin thought it was important to take responsibility for this particular
ordinance. It was defensible and represented the citizens voice for a safer Ashland. Councilor Marsh noted
Council often passed ordinances that reflected how people should behave. Creating an ordinance was a small
gesture that .would build momentum across the state and country for something more significant regarding
the violence created by firearms.
Councilor Lemhouse thought passing an ordinance that prevented people from open carrying when they had
the right to open carry would not make the public safer. He had not seen any statistical evidence that proved
the ordinance was effective and would not support the motion. Councilor Slattery would support the motion
to hear from experts and discuss it further. Councilor Morris thought the ordinance would increase the
number of people open carrying. He did not support making it illegal to open carry in a vehicle. Mayor
Stromberg was confident the ordinance would be challenged and that was not good for the community.
Councilor Marsh/Morris m/s to amend the motion and exempt firearms carried in vehicles in any
proposed ordinance by staff. Roll Call Vote: Councilor Marsh, Rosenthal, Voisin, Slattery, and
Morris, YES; Councilor Lemhouse, NO. Motion passed 5 -1.
Roll Call Vote on amended main motion: Councilor Marsh, Voisin, Slattery, and Morris, YES;
Councilor Rosenthal and Lemhouse, NO. Motion passed 4 2.
City Attorney Dave Lohman would try to provide raw numbers on concealed weapon permits in the county
and state but was not sure if he could provide anything further. City Administrator Dave Kanner did not
believe there were any records pertaining to open carry in Ashland since it was not a crime.
Councilor Voisin /Rosenthal m/s that Council direct staff to draft an ordinance to prohibit endangering
a child by allowing access to firearm. DISCUSSION: Councilor Voisin thought it was the most important
ordinance brought forward by the citizens. It was not litigation proof, there were two sides to the issue but
standing for litigation made a difference. She shared statistics regarding children and guns. Councilor
Rosenthal added if Council was interested in making a difference in the community this was the angle to
explore. This type of ordinance could have prevented the mass shooting in Newton CT. He was not sure if it
was lawful in Oregon but thought it was worth the investment of staff time.
Councilor Lemhouse wanted to protect children but could not support the motion because the City attorney
had previously informed the many limitations regarding an ordinance like this because it preempted state
Regular City Council Meeting
March 18, 2014
Page 7 of 8
law. He would rather work on a resolution to the state that pushed for stronger penalties against gun owners
who did not control their firearms and were guilty of endangering children. Councilor Marsh did not think
Council had the grounds to move forward in terms of an ordinance. The City attorney had a draft resolution
that included elements that urged legislature to allow legislation that would enable a city or county to adopt
ordinances that would prohibit people from endangering a minor. She supported collaborating with the local
legislative delegation and moving something forward to the state level.
Councilor Slattery thought Council could work at the state level to move forward and understood this issue
was beyond Council reach. Council Morris agreed with Councilor Slattery, Marsh, and Lemhouse and was
interested in pursuing something at the state level. Mr. Lohman clarified there was a state preemption
regarding the storage of firearms and it was likely an access to minors ordinance would be challenged. Only
two jurisdictions in the state had ordinances regarding access to minors that neither city had enforced to date.
Mayor Stromberg added the state should address child safety with focus on general child endangerment
issues than gun rights. What would be effective was people who were pro second amendment joining with
people pro gun control to support a child safety movement at the state level. Councilor Voisin did not think
going to the state legislature would make a difference considering many attempts in the past were
unsuccessful. This was an opportunity for municipalities to create their own ordinances and this was an
important step. Roll Call Vote: Councilor Rosenthal and Voisin, YES; Councilor Marsh, Lemhouse,
Slattery, and Morris, NO. Motion failed 2 -4.
Councilor Voisin/Morris m/s to delay the Second Reading of the Council Rules ordinance to the next
Council meeting. Voice Vote: Councilor Voisin, Morris, Slattery, Rosenthal, and Marsh, YES;
Councilor Lemhouse, NO. Motion passed 5 -1.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion regarding directing staff to draft an ordinance providing a moratorium on medicinal
marijuana businesses.
Councilor Marsh explained Council referred zoning for medical marijuana dispensaries to the Planning
Commission and their workload was overwhelming. Councilor Marsh suggested Council direct staff to draft
an ordinance for the Planning Commission for review, hold a public hearing, and forward to Council for
adoption. City Administrator Dave Kanner clarified the ordinance would cover a few specifics that the
Planning Commission could work on immediately, then forward the proposed ordinance to Council and
continue working on the subject afterwards.
Mayor Stromberg added an ordinance providing a moratorium on medical marijuana dispensaries would
come to Council at the April 1, 2014 Council meeting. The moratorium was an option for Council to delay
dispensaries while the City went through the land use process. Councilor Marsh hoped to expedite the
planning process and avoid a moratorium.
Councilor Marsh /Slattery m/s to direct staff to prepare an ordinance for review by the Planning
Commission that addresses marijuana dispensaries allowing them as a permitted use in the
commercial and industrial zones and a conditional use in the employment zone and a disallowed use in
the downtown commercial zone. DISCUSSION: Councilor Marsh explained the logical planning
approach was looking at like uses. The medical marijuana dispensary was a like use to a pharmacy or liquor
store and both permitted in the employment zone. As a conditional use in the employment zone, the City
could place conditions regarding hours, shielding, or recommendations from the Planning Commission. In
terms of the commercial and industrial area, the permitted use was the appropriate standard. The state was
adding restrictions in addition to City conditions that would make the area for pharmacies limited. Councilor
Slattery agreed it was good direction for the Planning Commission and supported the motion.
Regular City Council Meeting
March 18, 2014
Page 8 of 8
Councilor Marsh noted employment areas tended to be transitional areas between significant residential
communities and the commercial part of the community so a conditional use was the appropriate standard in
those areas. Councilor Lemhouse questioned if the ordinance would address residential areas. Councilor
Marsh replied it was difficult to determine a marijuana dispensary having a larger impact than a liquor store,
cell phone tower, or a crematorium, uses currently allowed in all of the City's districts. The City had to do
zoning that provided reasonable restrictions on operations.
Councilor Voisin wanted the Planning Commission to have the freedom to make an informed decision on
their expertise and expressed concern Council was micro managing. Councilor Marsh responded the
ordinance would jumpstart the Planning Commission's expertise with a document they could work on and
move forward. City Attorney Dave Lohman clarified someone establishing a dispensary while the Planning
Commission worked on the ordinance would grandfather the business. Some cities passed a moratorium to
prevent grandfathering while they take the time to determine how to proceed. The moratorium was
retroactive and would go into effect March 1, 2014. The moratorium would lift current state protections for
dispensaries as well. Councilor Lemhouse supported the motion and wanted to see a moratorium come
forward as well. Roll Call Vote: Councilor Slattery, Voisin, Lemhouse, Marsh, Morris, and Rosenthal,
YES. Motion passed.
2. Discussion regarding fair housing and Southern Oregon University students.
Councilor Slattery/Lemhouse m/s to place this item on the next Council meeting. DISCUSSION:
City Administrator Dave Kanner confirmed staff would refer an amendment to the Fair Housing ordinance to
create a protected class for students to the Housing and Human Services Commission for review. Roll Call
Vote: Councilor Slattery, Voisin, Lemhouse, Marsh, Morris and Rosenthal, YES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of a ordinance titled, "An ordinance amending AMC Chapter 2: Rules
of City Council; Uniform Policies and Operating Procedures for Advisory Commissions and
Boards; Recreation Commission; Conservation Commission; and Certain Administrative and
Operating Departments"
Item delayed to the next Council meeting.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor
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1 a ate caskrozit� `�c� e a '��F s%a r :-aa s,"t r a.y ti y s
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PROCLAMATION y
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t g J. Sterling Morton proposed to the Nebraska Board of Agriculture in 1872 that a t N -I'
,1. ,14 special day be set aside for the planting of trees. tii (10. 44-
Q i l This holiday, called Arbor Day, was first observed with the planting of more than 1
t 411 a million trees in Nebraska. k 4
"ki,1 Arbor Day is now observed throughout the nation and the world.
Sea"
i Trees can reduce the erosion of topsoil by wind and water, reduce heating and 1 40 u cooling costs, moderate the temperature, clean the air, produce oxygen, and 0 'I
a .1 11 �rf� o.
provide a habitat for wildlife. q
li4 li, )1> ,1_' 7
f k T rees increase property values, enhance the economic vitality of business areas, 4 to
1 1 beautify our community, and are a source of joy and spiritual renewal for many. o!I °o j y
Aiy
a` it T rees are renewable resource giving us paper, wood, fuel, and countless other
i r ,9'11 1 0
11 wood products
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1 i'� Ashland has been recognized as a Tree City USA by the National Arbor Day 1/'`, 1
b.
c Foundation for 29 years and desires to continue its tree planting ways. i i
v
i jk‘S NOW, THEREFORE, the Mayor, on behalf of the citizens of Ashland, hereby (4, 1 s
e i I li proclaim April 6 to 12, 2014 as °i;41' 7
bl
;ski ARBOR WEEKINASHLAND %r�
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C and urge all citizens to support efforts to care for our trees and woodlands and to ,431-42---:-
44 1
support our City's community forestry program. I further urge all citizens to plant r
-o; IV:i rp
trees to gladden the hearts and promote the well -being of present and future 4. 1, s
C,,' 1� TV t generations. i)' i 1 i
6' it 1 r r
)t Dated this 1 day of April, 2014 Q ike
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Y 1) q E)
*._..:.IM '6 John Stromberg, Mayor
a Bar bara Christensen, City Recorder ;fig 1..
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t toys," C so Cps& 'd' o 1 best) tab., v (s'j 9 rr 'Zs& LIN, €.19,610 rr 1 '1�S
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PROCLAMATION h j a
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:1. �f �J A well informed citizenry is a cornerstone of democracy.
.c lj �i An informed citizenry depends on an objective, responsible and r _7
C. t i� unrestrained press, which provides greater access to accurate ;1' j 0
INA information, more points of view and greater diversity of thought and I v y r
J .i�; fact. 1. Jw
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The trend toward the consolidation of media ownership has resulted in r
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0 fewer media voices which can cause a homogenized message and a lack A r
,!t��� of variety in points of view. �1)) r 9
Democratic principles support the case for more independent media in Il
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this country, with many editorial points of view
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�j NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens %s
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of Ashland, do hereby proclaim the week of April 13- 19, 2014 as ll, 2, Agio INDEPENDENT MEDIA WEEK
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n an encourage all Ashland citizens to seek out and explore the rich diversity 9
6 r of independent media available within, and to our community.
w y j i li;;�� v
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o J� Dated this 1st day of April, 2014 'OW,
J,. iOjj �fil ow-
0 (�h� John Stromberg Mayor r 9
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L 1 Barbara Christensen City Recorder (1� wkiN
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C I T Y O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Code Compliance Program Six Month Update
FROM:
Kevin Flynn, Code Compliance, kevin.flynn @ashland.or.us
SUMMARY
The Council requested an overview on the activity and enforcement actions carried out by the Code
Compliance Specialist over the last six months. Information surrounding compliance efforts over this
period is enclosed, which includes a summary of general activity in all areas of municipal code
compliance, current log of suspected unlicensed short term rentals under investigation, and maps
identifying the distribution, status and zoning of these rentals.
BACKGROUND AND POLICY IMPLICATIONS:
The re- instatement of the code compliance specialist position began in October 2013. Since January 1,
2014, the code compliance program has received over 180 requests for service from citizens. The
requests for service span many city departments and encompass a wide variety of municipal code
areas.
A significant percentage of the code compliance specialist's time has been directed toward land use
issues, with a focus on the large number of properties allegedly operating short term rentals without the
prerequisite land use approval, business license and transient occupancy tax registration. To date,
compliance activities have achieved initial positive results toward addressing the number of short term
rental properties operating in violation of the Ashland Municipal Code. A list of 151 properties
potentially operating as short term rentals has been compiled. From this list, 88 property owners have
been contacted and their situation resolved. The remaining properties are still under investigation. As
the high visitor season approaches, resolved cases will be monitored to ensure continued compliance
with agreed upon resolutions.
Code compliance has been developing relationships and coordinating efforts with other city
departments. The digital code compliance activity log is available for viewing by other departments to
track the status of past and present cases of mutual interest. Code compliance has been included in
monthly area command meetings to discuss shared concerns, increase effectiveness and to avoid
unnecessary overlap of staff resources. The cooperation and coordination efforts are working well as
code compliance has become more integrated with the city departments recognizing this resource is
available again.
FISCAL IMPLICATIONS:
N/A
Page 1 of 2
MIS
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REOUESTED ACTION:
No action is requested. This item is for informational purposes only.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Code compliance activity log
Graph of code compliance activity in various categories
Current short term rental log
Graph of short term rental activity
Map of alleged unlicensed short term rentals by status
Map of alleged unlicensed short term rental by zoning district
Page 2 of 2
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C I T Y O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Liquor License Application for William Roussel
dba Ashland Mountain Adventures
FROM:
Barbara Christensen, City Recorder, christeb @ashland.or.us
SUMMARY
Approval of a Liquor License Application from William Roussel dba Ashland Mountain Adventures at
700 Mistletoe Road Suite 105.
BACKGROUND AND POLICY IMPLICATIONS:
Application is for new license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
SUGGESTED MOTION:
Under Consent agenda item, a motion to approve liquor license for William Roussel dba Ashland
Mountain Adventures
ATTACHMENTS:
None
Pagelofl
rs,
MEETING OF THE ASHLAND FIREWISE COMMISSION
Wednesday, February 19 2014 11:00AM to 1:OOPM
Conference Room, Ashland Fire Station #1
455 Siskiyou Blvd
I. CALL TO ORDER 11:20 am
II. INTRODUCTIONS
Annette Herron, Pete Norvell, Matt Warshawsky, Eric Olson and Vicky Sturtevant.
Staff: Kimberley Summers, Chris Chambers, Ali True (call in). Absent: Council Liaison Greg Lemhouse.
III. APPROVAL OF MINUTES: November 20 2013 meeting approved by Eric Olson, Annette Herron seconded
the motion.
IV. PUBLIC FORUM Mimi Pippel, AAUW Spring Garden Tour proposal- They are planning for their 19 Annual
fundraiser event here in Ashland. They are seeking awareness with Firewise plants in the garden, hand out from last
year was provided. Would like the Firewise Commission to support and partner up with their efforts of the Spring
Garden Tour, a follow up e -mail will be sent by Mimi Pippel. Eric Olson will endorse the Spring Garden tour
AAUW with the goals of building Firewise garden practices and Matt Warshawsky 2 the motion. The 2014
endorsement was given for the Firewise write up in the program and the 5 gardens will be inspected by Ali True. If
recommendations are needed to be Firewise it could have a sign posted and would be explained or marked as a work
in progress in the program. Annette Herron will be the contact person and work with Ali True on this project.
V. ADJUSTMENTS TO THE AGENDA: It was recommended that we stream line the communication and if we
could do a better job at keeping the commissioners up to date with issues and sending out the agenda 1 week before;
Any documents that need reviewed they would also like sent in a timely manner. Next meeting will discuss the chair
positions for the commission, (3) open vacancies.
VI. BUSINESS
A. Firewise Clean -Up Day Planning; May 4 volunteers needed- Valley View Transfer Stationlwill be the drop
site this year, Ali True has a meeting scheduled at Recology Ashland office on 2/24 at 0900. P Please send her
an email if you would like to attend.
B. Firewise program update: Ali True- Some background info was provided in an e-mail for us to view. See
attached.
C. Review commission charter changes- The changes were reviewed and presented by Chris Chambers. The
name "Wildfire Mitigation Commission would like to get it approved and on the Council agenda in March.
Eric Olson has moved to have Chris Chambers present this to City Council. Annette Herron 2 the motion.
D. Wildfire Hazard Zone- TBD
E. CWPP presentation by Victoria Sturtevant, SOU Professor (ret.) Presentation was given to the group it was
discussed on how other communities created their CWPP.
F. Ashland CWPP review- TBD
G. CWPP Update Process- TBD
VII. COMMISSIONER COMMENTS
VIII. REVIEW AND SET COMMISSION CALENDAR NEXT MEETING
A. Next meetings March 19 2014 and April 1 6`h, 2014
IX. ADJOURN: 1:10 PM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Office at 488 -5587 (TTY phone number 1 800 735 2900). Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102- 35.104 ADA Title 1).
Firewise Program update for February Commission meeting: Ali True
Firewise Clean -Up Day May 4' Sunday
o Valley View Transfer Station, NOT Lincoln School
o Free organic disposal for Ashland residents only, though VVTS will be open that day to public
for all other business
o Will need volunteers to help direct traffic and check IDs. (No unloading this year!) Recology
estimates 1 volunteer needed an hour, will confirm at meeting next week. I will sign up
volunteers at future meetings; just mark your calendars now!
o Will meet with Recology, Monday, 2/24 9 AM, if any Commissioners would like to be there,
they would be welcome and appreciated to help plan. Contact me via e-mail for details.
Firewise program update:
o All 12 Firewise Communities successfully renewed their participation in the program in 2013.
Many used grant funds for fuels removal, but much less than in previous years. Communities are
shifting towards maintenance mode.
o In addition, 85 individual residents completed home assessments and grants totaling nearly
$26,000.
o Grant money for 2014 is currently unconfirmed, pending ODF's official notice that remaining
unspent grant funds of around $25,000 can be spent in 2014. Should know soon, and if so, would
provide some funds for fuels removal: Firewise Community activities, individual home
assessment grants, and staff time
o Rogue Valley Fire Prevention Coop (with mention to Ashland Firewise and Grants Pass
Firewise) was selected as a runner up in the nationwide Firewise Challenge (sponsored by
NFPA), and will receive $900 to use on safety gear, tools or mitigation projects. I am not sure
yet how or if Ashland gets to use that money but will check with the Co -op to find that out and
go from there.
o See attached flyer: New contest sponsored by NFPA and State Farm is providing $500 to FW
community projects for Wildfire Preparedness Day (5/3/14). If any Commissioners have project
ideas, please let me know via e -mail. Visit wildfireprepday.org for more details. Contest open
until 3/19. I will send this info out to all Ashland FW Communities this week.
C I T Y O F
AS HLAND
Council Communication
April 1, 2014, Business Meeting
Recognizing Ashland as a Tree City USA for the 29 Consecutive Year
FROM:
Michael Pifia, Assistant Planner, michael.pina @ashland.or.us
SUMMARY
The National Arbor Day foundation and the Oregon Department of Forestry (ODF) have announced
that the City of Ashland has been recognized as a Tree City USA for the 29 consecutive year.
BACKGROUND:
The City of Ashland consistently meets the four criteria set forth by the National Arbor Day
Foundation to be recognized as a Tree City USA. The four criteria include: adoption of a tree
preservation and protection ordinance, establishment of a tree commission, spending at least two
dollars per capita on a community tree care programs and conducting an Arbor Day or Arbor Week
ceremony.
The City of Ashland along with the State of Oregon celebrates Arbor Week during the first full week
in April. This year, Arbor Week falls on April 6th through the 12th. National Arbor Day is April 25,
2014. To celebrate, The City of Ashland Tree Commission has a number of events planned in April to
celebrate Arbor Week and Ashland's designation as a Tree City USA for the 29 consecutive year.
Arbor Day Events:
Saturday, April 12, 2014 at 12:00 PM Ceremonial tree planting along Ashland Creek
located at the Ashland Christian Fellowship, 50 East Hersey Street.
Saturday, April 26, 2014 at 11:00 AM Arbor Day Tree Walk in North Mountain Park.
Sunday, April 27, 2014, all day Tree Commission booth at the Earth Day Celebration at
Science Works.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends making the proclamation at the April 1, 2014 City Council meeting.
SUGGESTED MOTION:
I move to recognize Ashland as a Tree City USA for the 29 Consecutive Year.
ATTACHMENTS:
Proclamation for Arbor Week
Page 1 of 1
VMS
CITY O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Approval of Recommendation from the Public Art Commission
for Installation of a Sculpture at the Calle Guanajuato Staircase
FROM:
Aim Seltzer, Management Analyst, seltzera@ashland.or.us
SUMMARY
The Public Art Commission has selected the sculpture "Fall Splendor" for installation on the pedestal
at the top of the Guanajuato staircase. Council approval is required to complete the selection process.
BACKGROUND AND POLICY IMPLICATIONS:
The upper pedestal adjacent to the Guanajuato Staircase has been vacant since the previous sculpture
was re- located to a pedestal at the exterior rear entrance of the Ashland Public Library.
Artist Annette Julien responded to a Call for Artist/Request for Proposals issued by the Public Art
Commission. The artist drew inspiration for the piece from the Chinese Lantern Plant. The;plant
grows a pod that encompasses a flower. In the fall the flower becomes a berry and turn bright orange
and the heart- shaped leaves turn a coppery color. The artist will use steel and blown glass.
The commission for this sculpture is $6,000. The funds were previously budgeted by the Public Art
Commission for this project.
If approved, the artist will begin building the sculpture, which will be installed in June. The Parks
Commission approved this sculpture at its meeting on March 24, 2014.
FISCAL IMPLICATIONS:
The Public Art Commission allocated $6,000for this project. The funds are budgeted and available.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the sculpture.
SUGGESTED MOTIONS:
I move approval of the Public Art Commission's selection of the sculpture "Fall Splendor" for
installation on the Guanajuato staircase.
ATTACHMENTS:
Image of the proposed sculpture
Page 1 of 1
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C I T Y O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Approval of Recommendation from the Public Art Commission for the Installation
of a Mural at the Emergency Food Bank
FROM:
Ann Seltzer, Management Analyst, seltzera@ashland.or.us
SUMMARY
The Ashland Emergency Food Bank wishes to have a mural painted on an exterior wall. The City's
sign code allows for murals if the proposal has been vetted by the Public Art Commission) The
Commission has reviewed this proposal and recommends Council approval. If approved, the mural
becomes a part of the City of Ashland Public Art collection.
BACKGROUND AND POLICY IMPLICATIONS:
The mural will be painted by local artist Denise Baxter on the north facing wall of the AEFB on Clover
Lane. The finished mural will measure 18' x 52' and reflect the change of seasons and landscape of the
Rogue Valley. She expects to begin painting sometime this summer and expects to complete the
project within three or four weeks.
Attached is the Public Art Mural Packet developed by the Public Art Commission and finalized in July
2013. The applicant for the AEFB proposed mural used this packet to understand the process, submit
an application and provide a signed art easement. This is the first application received using this
process and it proved to be useful for the applicant, the artist and the PAC.
This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor
awareness of public art in Ashland and will be the first piece of public art located outside the
downtown core.
FISCAL IMPLICATIONS:
All costs associated with the project are borne by the applicant.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approve the mural request.
SUGGESTED MOTIONS:
I move approval of a mural on an external wall of the Ashland Emergency Food Bank, as presented to
the Public Art Commission
Page 1 of 2
r`,
CITY co F
ASHLAND
ATTACHMENTS:
1. Image of the proposed mural
2. Public Art Mural Packet
Page 2 of 2
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CITY O F
ASHLAND
July 2013
Public Art Mural Packet
Thank you for your interest in Installing Murals on Public or Private Property. The attached
information is intended to assist the applicant and artist with the process.
Guidelines and Process for installing an exterior mural in the City of Ashland
Mural Application
Public Art Easement Form
CITY1 OF
ASHLAN
Public Art Murals
Guidelines and Process
July 2013
Thank you for your interest in Installing Murals on Public or Private Property. The following
information is intended to assist the applicant and artist with the process.
Overview
The Ashland Municipal Code allows murals only if they are approved by the Public Art
Commission.
The costs associated with installing a mural are not covered by the Public Art Commission and must
be borne by the applicant and /or property owner of the wall where the proposed mural will be
installed.
Guidelines
The approval process for installing murals on public or private property within the city of Ashland is
administered by the City of Ashland staff liaison to the Public Arts Commission. Propos murals
are reviewed by the Public Arts Commission. All property owners must sign an Art Eas form
and all murals approved through this process become part of the City's public art collection for as
long as the Art Easement remains in effect.
All applicants are required to meet with the staff liaison at least one month prior to submitting an
application. To schedule an appointment contact Ann Seltzer at 541 55202106 or
seltzer @ashland.or.us.
Any applicant (artist, property owner, etc) intending to create a mural on an exterior wall that is
visible from a public right -of -way and within the boundaries of the City of Ashland must apply for
approval through the following process.
Approval Process
Applicant shall:
1. schedule an appointment and meet with the staff liaison to the Public Arts C Immission
for an informational overview of the process and initial review of the proposed project
2. complete a Public Art Mural application,
3. obtain a signed Art Easement from the property owner,
4. prepare a mural presentation package as described in the Criteria for Approval of Wall
Murals,
5. schedule an appointment for Commission review of mural package, and
Murals Guidelines and Process Page 1
6. submit a complete mural presentation package to staff 10 day prior to PAC review (only
packages that are totally complete will be accepted).
Criteria for Approval of Wall Murals
The work of the artist should be of professional quality; the mural itself must also be of
exceptional quality and of enduring value for the City. The mural should be professionally
designed and executed with consideration to the following criteria:
1. appropriateness of the visual imagery for all audiences (not reflecting partisan politics
or containing sexual or religious content or expressing a commercial aspect etc.),
2. choice of visual imagery that enhances the aesthetic experience within the City and
the character and nature of the site,
3. appropriateness of the design for all view points to the mural (by pedestrians, from
moving vehicles, seated audiences etc.),
4. suitability of the wall surface to receive proposed materials and to enable technical
detailing, wall preparation required, and directional exposure of the mural to
minimize fading of color, and
5. all installation issues.
Mural Presentation Package
The mural presentation package to be review by the Public Art Commission must contain the
fol lowing:
1. photos of the proposed location of mural,
2. artist's professional portfolio of mural work; examples of demonstrated ability
from prior projects to carry out the project as designed,
3. scaled, color drawings illustrating the proposed mural and actual materials and
finish samples with their locations designated on the mural drawing,
4. explanation of imagery concept including:
how the artwork enhances the existing character of the site through scale,
color, material, texture, and content,
how the mural considers the social dynamics of the location, and
how the artwork considers the historical, geographical and cultural (features of
the site as well as its relationship to the existing architecture and landscaping,
and
5. description of maintenance issues:
Statement regarding the durability of the artwork and its potential to require
ongoing maintenance.
Commission Review Process
The PAC will review the completed mural presentation package in a public meeting with the
applicant(s). Adjacent property owners will be notified of the meeting in advance.
1. The PAC will consider the proposal and advise the artist whether or not the mural fits the
criteria to move forward and whether additional information is required from the artist.
2. Applicant(s) should be prepared to attend a second meeting with the PAC to present
modifications to the work or answer further questions.
3. The PAC will make a final decision and advise the applicant.
Murals Guidelines and Process Page 2
4. If approval is granted, the Public Art Commission will recommend approval by the City
Council. If approved by the City Council, the applicant must:
a. Notify staff of installation schedule. Artist will be responsible for implementing all
safety requirements per direction from staff.
b. Provide a $500 deposit to the City. This deposit is held in reserve until the project
receives final approval by the PAC otherwise the deposit is used to re -paint the wall.
c. Provide agreed upon funds to the City for artist payment.
Review of Project during Execution
The PAC will review the project during the mural execution three times. The artist must notify staff
at the end of each of the following steps:
I. After the wall is prepped and ready for paint. At this step, the PAC will also review the
paint colors to ensure they are the same colors approved during the review process
2. Halfway through the painting process
3. Within seven days of completion for review of compliance with approved documents,
drawings, materials and finishes.
If the mural is not executed according to the approved concept, the City retains the right to suspend
payment to the artist and remove the mural.
Other Things to Know
1. The City will contract with all parties involved including the artist, responsible party,
applicant etc. for the execution of the piece and payment to the artist.
2. The contract will require the artist or responsible party to submit proof of liability insurance.
3. The Art Easement is for a period of five years. At the expiration of the five years, the
easement may be terminated by either party upon 30 day written notice and can be
terminated by either party or extended by either party.
4. The City is responsible for the maintenance of the mural during the existence of the
easement.
Murals Guidelines and Process 1 Page 3
CITY OF
AS H LAN D
Public Art Commission
Mural Application
Applicant
Applicant Name:
Applicant phone and email:
Applicant Address Line 1:
City: State: Zip:
Lead Artist (City contracts with)
Artist Name:
Artist name and email:
Artist's Address Line I
Artist's Mailing Address (if different):
City: State: Zip:
Artist website:
Proposed Mural Building
Name of Property Owner of proposed mural Building (if different from applicant):
Owner phone and email:
Proposed Mural Building Street Address:
Property Owner mailing address:
City: State: Zip:
Dimensions of proposed mural wall:
Mural Application Page 1
Has the owner given permission for a mural to be painted on the proposed wall?
The wall is:
brick cinderblock stucco wood other
Describe the ground in front of the wall (condition, debris etc.)
Sponsoring Person /Organization (person responsible for mural costs and deposit)
Sponsoring Name:
Sponsoring phone and email:
Sponsoring Mailing Address:
City: State: Zip:
Please describe the project, the specific location of the mural and why a mural will enhance the
area.
Can the wall be seen from the public right of way (e.g. sidewalk, alley, street etc.)?
Have you selected a professional mural artist?
Describe the theme /image you envision for this mural if known at this time.
Why do you want a mural at this location? How will the mural benefit the neighborhood?
Community?
Mural Application Page 2
1
What funding do you have for the project?
Mural Application page 3
C I T Y O F j
ASH LANjD
DRAFT Art Easement
This Agreement, effective on (month /day /year), is between
"Grantor" property owner) and the City of Ashland, an Oregon municipal
corporation "City
Recitals
A. The City has adopted a progress for the placement of public art in and on public and
private locations throughout the City of Ashland.
B. Grantor owns the property legally described in Exhibit A (attached hereto and
incorporated herein) and is willing to make said property available to the City for the
placement of public art, as defined in Ashland Municipal Code 2.29.120 (hereinafti r,
"Artwork Said Artwork is described in Exhibit B, attached hereto and incorporated
herein.
C. Artwork is the property of the City of Ashland public art collection and may be removed
or terminated by either party.
In consideration of the mutual promises and performances set forth below, the parties agree
as follows:
1. Grant of Easement. Grantor conveys, grants and warrants to the City, its successors and
assigns, an easement for the purpose of installing, maintaining, operating and exhibiting
the Artwork described in Exhibit B on and in the real property described in Exhibit A,
including any building and structure thereon "property The location of the Artwork
shall be as approved by the Public Art Commission with final approval by the Ashland
City Council.
3/7/2013 Art Easement Form DRAFT Page 1
2. Term of Easement. This easement shall be for a period of five (5) years from the date of
execution. Unless terminated as provided in section 3 the easement shall automatically
renew thereafter, and shall remain in full force and effect unless and until terminated.
3. Termination.
a. At the expiration of the five year easement period, the easement may be
terminated by either party upon 30 days written notice to the other party. Grantor
expressly agrees and warrants that upon expiration, the Artwork shall be removed
at the Grantor's expense and the Property restored to its prior condition. City may
terminate the easement and shall remove the Artwork at the City's expense. Such
removal shall occur within 30 days of the termination of the easement, unless this
period is extended in writing by the City.
1
b. Within the initial five year easement tern or at any time thereafter, the easement
may be terminated by Grantor with the City's consent in writing upon Grantor's
showing of any of the following: i) that the property is to be sold and the buyer
requires removal of the easement as a condition of the purchase and sale; or ii)
that the property is to be refinanced and the lender requires removal of the 1
easement as a condition of the refinancing; or iii) that the property is to be I
substantially remodeled or altered in a way that precludes continued maintenance
of the Artwork; or iv) that circumstances have materially changed and the
continued existence of the easement or maintenance of the Artwork subst
impedes Grantor's reasonable use and enjoyment of the Property. The Cit shall
not unreasonably withhold consent to termination upon Grantor's satisfactory
demonstration of any of the foregoing conditions of termination. 1
c. The City may terminate the easement at any time at its sole discretion upon 30
days written notice to Grantor, should Grantor fail to substantially perform
Grantor's obligations under Section 4, below. Should the City elect to exercise
this right of termination, Grantor expressly agrees and warrants that the Artwork
shall be removed and the Property restored to its prior condition. Such removal
3/7/2013 Art Easement Form DRAFT Page 2
shall occur within 30 days of the termination of the easement, unless this period is
extended in writing by the City.
4. Maintenance and Removal of Artwork The City is responsible for the maintenance;and if
necessary repair of the Artwork described in Exhibit B during the existence of the
easement. The City may remove the Artwork from the property, if in the sole judgment
of the City, the Artwork is being excessively damaged.
5. Right of Entry. The City shall have the right to enter the property described in Exhibit A
during normal business hours, and at all other times with advance approval of the
Grantor, for any and all of the purposes described in this agreement.
6. Binding Effect. The easement granted in this agreement shall run with the land and be
binding upon and inure to the benefit of the Grantor and the City, and their
representatives successors or assigns, and any person or entity acquiring any right, title,
or interst in the property.
7. Contractual Relationships. Assignment. This agreement does not constitute either party
as the agent or legal representative of the other for any purpose whatsoever. The parties
are not granted any express or implied right or authority to assume or create any
obligation or responsibility on behalf of the other or to bind the other in any manner
whatsoever. The parties shall not assign this agreement without the prior written consent
of the other.
8. Notice. Notice shall be made to the following address, unless otherwise provided for in
writing:
City of Ashland Grantor (name and mailing address)
City of Ashland Administration
Management Analyst
20 East Main Street
Ashland, OR 97520
3/7/2013 Art Easement Form DRAFT I Page 3
1
9. Amendments. The parties expressly reserve the right to modify this agreement, from
time to time, by mutual agreement. No modification or amendment of the provisions of
this agreement shall be effective unless in writing and signed by authorized
representatives of the parties.
10. Remedies. The parties acknowledge that breaches of this Agreement will effect I
substantial harm to the public interest which harm is difficult or impossible to prove
actual damages in an action hereunder. The parties agree that the prevailing party in an
action for the breach of this agreement shall be entitled to a) liquidated damages in an
amount of $2500 per material breach; b) specific performance of the terms of this I
agreement, and each of them; c) reasonable attorney's fees; and d) any other remedies
available at law or in equity. The rights under this agreement are cumulative. The failure
to exercise on any occasion any right shall not operate to forfeit the right on another
occasion. The use of one remedy shall not be taken to exclude or waive the right to use
another.
11. Invalidity of Particular Provisions. Should any tern, provision, condition or other
portion of this agreement or the application thereof be held to be inoperative, invalid or
unenforceable, the remainder of this agreement or the application of the term or provision
to persons or circumstances other than those to which it is held invalid or unenforceable
shall not be affected thereby and shall continue in full force and effect.
12. No Waiver. No waiver of full performance by any party shall be construed, or operate, as
a waiver of any subsequent default or breach of any of the terms, covenants or conditions
of this agreement.
13. Term. This agreement may be terminated upon delivery of a letter of termination
executed by any party, provided that any such letter shall provide for a 180 day period for
the artwork to be removed.
I I
3/7/2013 Art Easement Form DRAFT I Page 4
IN WITNESS WHEREOF, the City of Ashland, Oregon, has caused this instrument to be
executed by its duly authorized revresentatives(s) on (date).
City of Ashland, Oregon
Name:
Title:
IN WITNESS WHEREOF, GRANTOR has caused this instrument to be executed by its
duly authorized representative(s) on (date).
Grantor
Name:
STATE OF
I
3/7/2013 Art Easement Form DRAFT Page 5
CITY O F
�S H LAN D
Council Communication
April 1, 2014, Business Meeting
Special Procurement Building Repairs to Fire Station #1
FROM
Mike Morrison, Public Works Superintendent, mike.morrison@ashland.or.us
Dale Peters, Public Works Facilities Maintenance, dale.peters@ashland.or.us
SUMMARY
This Contract specific Special Procurement is being processed to directly award a contract to Adroit
Construction to make building repairs to Fire Station #1. The exterior and interior walls were damaged
due to a single vehicle accident. Adroit Construction constructed the building and has the experience
and expertise to make the repairs to the building. The estimated cost is $10,386.00.
BACKGROUND AND POLICY IMPLICATIONS:
A Special Procurement is used for the purpose of seeking an exemption from the competitive bid
process, custom designing a contracting approach, or the direct selection or award of a public contract
or for a series of contracts.
AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures
All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or
Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A 279C and the Model
Rules except for the following:
G. Special Procurements a public contract for a class special procurement, a contract specific
procurement or both, based upon a contracting procedure that differs from procedures
described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be
custom designed to meet the procurement needs.
1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other
applicable provisions of law.
FISCAL IMPLICATIONS:
City will be reimbursed by driver's vehicle insurance company.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the "Contract- specific Special Procurement" be approved.
SUGGESTED MOTION:
The Council, acting as the Local Contract Review Board, moves to approve the Contractispecific
Special Procurement to directly award a contract to Adroit Construction to make building repairs to
Fire Station #1.
Page 1 of 2
Ina
CITY OF
ASHLAND
ATTACHMENTS:
Special Procurement Request for Approval Form
Adroit Construction Standard Estimate Report
Page 2 of 2
MINI
CITY O F
FORM #9 ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To: City Council, Local Contract Review Board
From: Mike Faught, Mike Morrison, Dale Peters
Date: April 1, 2014
Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
1. Requesting Department Name: Public Works, Facilities Maintenance
2. Department Contact Name: Mike Morrison, Dale Peters
3. Type of Request: Class Special Procurement X Contract specific Special Procurement
4. Time Period Requested: From Upon approval To: July 30, 2014
5. Total Estimated Cost: Current estimate 10,386.00 -Not to exceed $15,000.00
6. Short title of the Procurement: Fire Station #1 Exterior Wall Repair
Supplies and /or Services or class of Supplies and /or Services to be acquired:
Repair of exterior and interior wall damaged when vehicle struck building.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: A formal competitive bid was processed for the construction of the new Fire Station
#1 building and the contract was awarded to Adroit Construction.
Proposed procedure: Direct award contract for building repairs to Adroit Construction
Form #9 Special Procurement- Request for Approval, Page 1 of 3, 3/26/2014
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Adroit Construction successfully built Fire Station I and they have the experience and expertise to
make the necessary repairs to the building.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Adroit Construction built Fire Station #1.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and
X (b)(i) will result in substantial cost savings to the contracting agency or to the public
because:
Adroit Construction constructed the building and has the expertise to make the repairs.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
X (b)(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
Adroit Construction constructed the building and has the experience and expertise required to make
the repairs to the building.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.
I I
i
Form 119 Special Procurement Request for Approval, Page 2 of 3, 3/26/2014
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137- 047 0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner'as a
public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137 047 -0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval of a Special Procurement at
least seven (7) Days before Award of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us [April 2, 20/4, if approved by Council]
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: [April 2, 2014, if approved by Council]
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on [April 1, 2014, if approved
by Council].
This Contract specific Special Procurement was processed to request approval to directly
award a contract to Adroit Construction to make building repairs to the Fire Station #1.
The exterior and interior wall was damaged due to a single vehicle accident. Adroit
Construction constructed the building and has the experience and expertise to make the
repairs to the building. The repairs are estimated to cost 810,386.00.
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 279B.055, 279B.060,
279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 279B.400 and OAR 137- 047 -0300. A written protest shall be
delivered to the following address: City of Ashland, Dale Peters, 90 N. Mountain Avenue,
Ashland, OR 97520. The seven (7) protest period will expire at 5:OOpm on [April 9, 20'14,
if posted April 2, 2014]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Form #9 Srocurement —RRequest orA Approval, Page 3of3 3/26/2014
P Q PP
Adroit construction Co., Inc. Standard Estimate Report Page 1
Ashland Fire Station 3/14/2014 10:32 AM
Ashland Goa Station R r 1
Repair 0- r from Wifkilaantstis2
Project name Ashland Fire Station
Ashland
OR 97520
USA
Estimator Tom Walker
Labor rate table OR/PREV
Equipment rate table Standard
Job size 1 ea
Duration 2 wks
Bid date 3/14/2014 12:00 PM
Notes NOTES:
1. Area based on area under roof including 1st level parki g.
Report format Sorted by'PHASE /Group phase /Phase'
'Phase' summary
Adroit Construction Co., Inc. Standard Estimate Report Page 2
Ashland Fire Station 3/14/2014 10:32 AM
Description Quantity Unit Cost Amount
unassigned
1000.00 GENERAL REQUIREMENTS
1605.00 Small Tools and Supplies 200
1800.00 Supervision i 2,000
GENERAL REQUIREMENTS 2,200
80.00 Labor hours
2000.00 SITEWORK
2115.00 Demolition 400
SITEWORK 1 400
5000.00 STRUCTURAL STEEL
5400.00 Light Gauge Framing 500
STRUCTURAL STEEL 500
8.00 Labor hours
6000.00 CARPENTRY
6100.00 Rough Carpentry 300
6200.00 Finish Carpentry 500
CARPENTRY 800
12.00 Labor hours
9000.00 FINISHES
9330.00 Drywall Systems 1,000
9560.00 Plaster /Stucco 3,000
9940.00 Painting 800
FINISHES 4,800
1.00 Labor hours
16000.00 ELECTRICAL
16100.00 Electrical 500
ELECTRICAL 500
unassigned 9,200
101.00 Labor hours
Estimate Totals
Tks: fi t .:H Cost Basis Cost per Unit
Labor 101, 000 hrs 3,400 32.74% 3,400.000
Material 500 4.81% 500.000
Subcontract 5,300 51.03% 5,300.000
Equipment
Other
Subtotal Costs 9,200 9,200 88.58 88.58% 9,200.000
Liability Insurance 73 0.700 T 0 70% 72.700
OH P 1.113 12.000 T 1071% 1.112.
Total 10,386 10,386.000
CITY O T
ASHLAND
Council Communication
April 1 2014 Business Meeting
Second Reading of Ordinance Amending AMC Chapter 2: Rules of City Council;
Uniform Policies and Operating Procedures for Advisory Commissions; and
Boards; Recreation Commission; Conservation Commission; and Certain
Administrative and Operating Departments
FROM:
David H. Lohman, City Attorney, lohmand @ashland.or.us
SUMMARY
The City Council, at its business meeting on March 4, 2014, approved the first reading of an ordinance
intended to capture Council discussions at study sessions on December 2, 2013 and Januaryi7, 2014,
and requested some additional amendments. At the March 4 meeting, Council discussed and
informally agreed to a number of changes to the version of the ordinance presented for first dreading but
did not formally amend that version. The revised version of the ordinance presented for second
reading does incorporate those changes, and each of them that is substantive must be read aloud prior
to seeking approval of the revised version on second reading. Differences between the twolversions of
the ordinance are indicated by highlighting in the version attached hereto for second reading.
BACKGROUND AND POLICY IMPLICATIONS:
At several meetings over the past year, Council has discussed various conceptual changes to the
procedural rules for Council meetings and to the policies and operating procedures for advisory bodies.
The proposed ordinance update shows proposed ordinance revisions intended to reflect the sense of the
Council during those discussions.
I
Some of the proposed changes are simple housekeeping revisions: non substantive updates,
corrections, clarifications or re- orderings. Other proposed changes that are substantive or .'that may not
have unanimous Council support or that could cause controversy are briefly described below, opposite
their proposed new Code sites. If the subject of a provision is already addressed in the current Code
and has been moved to a new site, the current Code site is shown in brackets.
2.04.010E Specifies when a motion to suspend the rules is permissible
2.04.O10F Clarifies role of parliamentarian and presiding officer in responding to
questions about meeting procedures and rulings of the presiding officer [see
current 2.04.020L]
2.04.020B Requires notice of Special Meetings 72 hours in advance, instead of 36.
2.04.020C Specifies actions Council may take at study sessions
Page 1 of 4
1
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C I T Y O f
ASH LAN D
2.04.020D1 Clarifies process for objecting to consideration of a matter in executive
session
2.04.020F Requires notice for all meetings except emergency meetings at least 72 hours
in advance, instead of 36 hours [see current 2.04.020
2.04.030B &C Clarifies procedure for a Councilor to add any item to a future meeting's
agenda
2.04.030E3 Clarifies disposition of scheduled agenda item not concluded
1
2.04.040B Allows for possibility that a Councilor may attend a meeting by electronic
means upon suspension of rules.
I
2.04.040C2 Adds certain limitations on Council deliberations [see current 2.04.020K]
2.04.040C3 Requires Councilors to refrain from addressing remarks to the audience, adds
examples of disruptive behavior, and clarifies possible responses to
disruptive conduct in Council meetings [see current 2.04.040A] 1
2.04.040C4a -1 Provides streamlined procedures for managing meetings and making
motions; replaces Roberts Rules except for situations not addressed in the
proposed new rules
2.04.040C4b Clarifies when a speaker may be interrupted and the process for dialing with
overuse of such interruptions.
2.04.04006a Allows Councilor to be excused from voting upon approval by majority vote.
Makes a Council member's refusal to vote count as a negative vote [see
current 2.04.020I]
2.04.04006b Requires an affirmative vote of at least four Councilors to pass measures
required to be decided by a two thirds vote [see current 2.04.0201]
2.04.04007 Clarifies when reconsideration can occur [see current 2.04.0201 I
2.04.050 Allows State of the City address to be presented at any regular meeting in
January of each year. Changes order of business so that Public Forum takes
place before consideration of the Consent Agenda unless altered by the
presiding officer or suspension of rules 1
2.04.050D2 Clarifies that a Councilor may request that any matter discussed in Public
Forum be placed on a future Council agenda [see current 2.04.070]
2.04.050D4 Establishes preference for Ashland residents during Public Forum
1
2.04.050F1 Allows Council by two thirds vote to extend public hearings to as late as 9:45
PM
2.04.050G Allows clarifying staff or public testimony to be taken on a consent agenda
item without formally pulling the item from the consent agenda:
2.04.090A Clarifies distinctions between appointed and non appointed commissions and
between regular and ad hoc advisory bodies
2.04.090C Requires considering possible appointment of replacement member of regular
advisory body before reappointing existing member to more than two full
terms
Page 2 of 4
"Ai
CITY O f
ASH LAN D
2.04.100B Relaxes attendance requirements for Council Liaisons to advisory bodies
2.04.110A3 &4 Provides guidance to Council members serving as City Representatives to
external organizations when called upon to vote on matters potentially
impacting the City
2.04.110A5 Clarifies ethical obligations of Council member serving as City I
Representatives to external organizations
2.10.020 Sets terms of service for most advisory body members
2.10.025B Clarifies meeting attendance requirements for members of advisory bodies
2.10.025C Establishes advance notice requirements when advisory body member will
not attend scheduled meeting
2.10.025D Disallows alternates for members of the advisory bodies, except appointed by
outside entity
2.10.025E Requires advisory body attendance reports
2.10.040 Clarifies what should occur when a quorum of an advisory body is not in
attendance at a duly noticed meeting
2.10.050 Specifies when advisory bodies should elect officers and limits tenure of
chair and vice chair to no more than three consecutive annual terms
2.10.060 Requires timely preparation and posting of advisory body agendas and
minutes
2.10.105 Clarifies expectations for reports to Council about advisory body activities
2.10.110 Clarifies circumstances under which advisory board members may speak for
the City or the advisory board in external forums.
2.11.015 Modifies termination date of terms of certain Municipal Audit Commission
members
Attachment 1 presents draft language intended to articulate three additional concepts which individual
Councilors suggested at the March 4 meeting and for which support of a majority of Councilors was
not then evident. In the body of the draft ordinance, asterisks in brackets corresponding to the
bracketed asterisks in Attachment 1 indicate where those provisions might be inserted. i
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
The Council approved the first reading of the ordinance updates at its regular meeting on: March 4,
2014, and suggested changes for inclusion in the second reading. Staff recommends Council approve
second reading of the ordinance updates as amended to incorporate those changes and any other
amendments approved by Council.
Page 3 of 4
rr,
C I T Y O F
�S H LAN D
SUGGESTED MOTION:
I move to approve the second reading of an ordinance titled, "An Ordinance amending AMC Chapter
2: Rules of City Council, Uniform Policies and Operating Procedures for Advisory Commissions and
Boards, Recreation Commission; Conservation Commission, and certain Administrative and Operating
Departments" as amended and adopt the ordinance.
ATTACHMENTS:
Proposed Ordinance Amending AMC Chapter 2
Attachment 1: Councilor Suggested Additions
Page 4 of 4
Mr,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY
COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR
ADVISORY COMMISSIONS AND BOARDS, RECREATION
COMMISSION; CONSERVATION COMMISSION; AND CERTAIN
ADMINISTRATIVE AND OPERATING DEPARTMENTS
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, revisions to some of the Council meeting procedures currently in effect can reduce
procedural uncertainties and facilitate efficient conduct of Council meetings;
WHEREAS, permitting certain types of decisions to be made at Council Study Sessions will
make Study Sessions more productive;
WHEREAS, various members of City Council and of City boards and commissions have
requested clarifications of the Uniform Policies and Operating Procedures for Advisory boards
and commissions;
WHEREAS, the staff liaison to the Conservation Commission is no longer the Electric Utility
Director; and
WHEREAS, the existing City code provisions concerning the functions of certain administrative
and operating departments need to be updated to reflect current practices.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended as follows:
Section 2.04.010 Authority.
A. Oregon Revised Statutes, Tthe Ashland City Charter,
Artiele—VIH—Seetion-3 and the Ashland Municipal Code
Statutes governs many the meeting requirements and actions of the Council.
Ordinance No. (Page 1 of 28
B. These operating policies and procedures are established and adopted under the authority
granted in the Ashland City Charter, Article VIII, Section 3.
C. Robert's Rules of Order Newly Revised shall be the authority for deciding any
questions on meeting requirements and actions not covered by the rules in AMC 2.04 or
Oregon Revised Statutes.
D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order!Newly
Revised shall not be cause to void or otherwise disturb a decision or action of the Connell.
E. Charter provisions may be suspended or repealed only by a vote of the people. The
rules on meeting procedures in Robert's Rules of Order Newly Revised and in the Ashland
Municipal Code provisions listed below may be suspended temporarily upon a motion that
is seconded and passed by a two- thirds vote in favor. Such a motion is not debatable or
amendable.
I AMC2:04 020MRegularAMeetinecila andatimes)
:AT C 2 04 020Ci(Study Session days, tim and ontent)
AMC42 04 ollifir(Atiendance by electronic commune atld
4 AMC 2 04 O40C' 4a(Pa liamenta nprocedure)
AM0-72T04 050D 1,(P.lacement of Public Forum in agend j
6 AMC�-2 :0506 (Oppor_tunity for�publie,comn o n agenda items)
t7,._ liiC2.0 0:SOIT S it ittalkof�ordinances 14.days3in adv n e of eeting
F. The City Attorney is designated as parliamentarian for the Council. Council members'
requests for information and on meeting requirements or possible Council actions may be
referred to the City Attorney through the presiding officer for interpretation. After taking
into account any opinion of the City Attorney, the presiding officer must rule on questions
about meeting requirements or possible Council actions. A ruling of the presiding officer
may be challenged by a point of order as set forth in AMC 2.04.040C4.b.(1).
Section 2.04.020 Meetings.
A. Regular Meetings.
The regular sessions of the Council are on the first and third Tuesday of each month unless
otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30
p.m.
B. Special Meetings.
A Special Meeting may be called either by the Mayor or two members of the Council.
Notice of the time and place of such Special Meeting and the subjects to be acted upon shall
be delivered to all members of the Council at least 36 72 hours in advance of the time of the
meeting, except in the case of an emergency, and the Council may consider and act only
upon such matters as contained in the notice.
C. Study Sessions.
Ordinance No. Page 2 of 28
Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask
questions, discuss options, express their individual views on matters that may be voted
on in subsequent Regular or Special Meetings; and to provide guidance to staff. The
Council may vote in Study Sessions on guidance to staff concerning matters to be
presented to Council for decision at subsequent meetings. By consensus, the Council
also may direct staff to take action on other matters that do not require Council
decision by ordinance or resolution. No particular cases involving quasi-judicial
decisions may be discussed at Study Sessions.
Study sessions shall begin at 5:30 p.m. on the first and third Monday of each month
unless otherwise arranged, but shall not be held on national holid`arS1 The Mayor or
two Councilors may call a Study Session at any time with 72 -hours advance notice.
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to
192.690). These purposes include, but are not limited to, the employment and dismissal of
public employees, the performance evaluation of the City Administrator and City! Attorney,
labor negotiations, real property transaction negotiations, and consulting with legal counsel
on pending or threatened litigation.
At any time during
an executive session, a Councilor who feels a matter under consideration should be
addressed exclusively in open session may state a point of order, which shall be ruled
upon in the executive session as set forth in AMC 2.04.040C.4.b.(11.
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
Executive Sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. If-it-does
not -so -specify tThe proceedings may be reported if no such statement is made.
E. Emergency Meetings.
Ordinance No. Page 3 of 28
The City Administrator is responsible for implementation of the Emergency
Management Plan. When the City Administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the Mayor to
call an emergency meeting of the Council in order to ratify the declaration of
emergency. The emergency meeting of the Council will occur as soon as possible after
the declaration of emergency. A quorum of the Council may not be possible 'due to
emergency circumstances and is not required for this emergency meeting.
Notwithstanding the advance notice requirements in Section 2.04.020B, D and F, notice
of the emergency meeting can be made in the most expedient manner determined' by the
Mayor and need not be 72 hours in advance, but notice of the emergency Special
Meeting must be given at least 24 -hour in advance if feasible. In any case, minutes of
any emergency meeting must meet the requirements of ORS 192.640(3) and 192.650.
EF. Notice of Meetings.
Advance notice of at least 3-672 hours shall be provided for all meetings, except for
emergency meetings. Notice shall be sent to a newspaper with general local circulation and
posted prominently on the City's Web -site website. In the case of an emergency or when a
state of emergency has been declared, public notice appropriate to the circumstances' shall be
provided and reasons justifying the lack of 3672 -hour notice shall be included in the minutes
of such meeting.
F- -QUO-R[rn.
I
Meeting:
Ordinance No. Page 4 of 28
II R b Ru p !'O r d cr.
Y f
r 1 r
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I. Voting.
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Section 2.04.030 Agendas.
i
The City Administrator is responsible for the preparation of the Council agenda.
A. Agenda Guidelines for Regular Meetings. Topics will be added to a Council agenda based
on timeliness of the topic and with consideration of the number of items already scheduled
for the Council. Matters to be considered by the Council shall be placed on an agenda to be
prepared by the City Administrator from the following:
Ordinance No. Page 5 of 28
1. All items considered by the Council during Study Sessions, which require a subsequent
Council vote.
2. All items which are required by law or policy to be presented to the Council.
3. All other items that the City Administrator, City Attorney or Mayor present to the
Council for action or information.
4. Items placed on the agenda in accordance with paragraphs B and C of this Section.
5. Requests of City Boards, Commissions, and Committees.
B. Agenda Additions by Councilors.
L Any Councilor may request that place an item
placed on the Council's agenda that
ordinance provided —that preparing the matter for Council consideration would not
require more than two hours of staff time, including policy research and document
drafting. The Councilor shall notify the City Administrator of such an addition to the
agenda no later than noon of the Wednesday prior to the Council meeting. The City
Administrator shall determine the order of business of the item. The City Administrator may
request that the matter be deferred until a later meeting if the agenda of a particular meeting
is already lengthy. Council members will endeavor to have subjects and any materials they
wish considered submitted prior to finalization of the Council packet.
t;. 2. A Councilor who
wants to add to the Council's agenda an item requiring more than two hours of
preparation by staff, including policy research and document drafting, should first raise
the issue propose the addition at a Regular Meeting under Other Business from Council
members or at a Study Session.
E The Council should
consider item' such additions to the Council agenda in light of City priorities, including
adopted City Council Goals, and workload. The Council must agree to proceed with an issue
or ordinance before staff time is spent preparing the matter for Council action. The
Councilor may present information or a position paper or ask for a department ;report or
committee recommendation. Councilors who agree that staff time can be spent on a
particular item are not bound to support the issue when it comes before the Council for a
vote.
DC. During a meeting. Any topic may be added to an the agenda by a majority v of the
Councilors present. Generally these items should be limited to items of timeliness or
emergencies. Advance notice of executive sessions, however, must be given as required
by State law.
D. Postponing Agenda Items Before Consideration.
1. If a Councilor will be absent from an upcoming Regular Meeting, the Councilor may
request during a Regular Meeting that consideration of an agenda item be postponed to a
future Regular Meeting. The request will be honored if the majority of the Council votes
in favor of postponement and the matter is not time sensitive.
Ordinance No. Page 6 of 28
1
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2. If the request to postpone is made outside a regular Council meeting the Codncilor
requesting the postponement shall submit a request to the Mayor or City Administrator in
writing or by email as early as possible. The request to postpone will be honored sunless
the majority of the Council at the public meeting votes not to postpone the item of if the
matter is time sensitive.
3. If time expires before the City Council can consider an item on the agenda including an
advertised item, the unaddressed item shall automatically be continued to the next
regularly scheduled meeting of the Council scheduled Regular Meeting or Study
Session; re- advertisement shall not be required for such continued items. A note shall be
placed on the Agenda referencing this continuance rule: "Items on the Agenda not
considered due to time constraints are automatically continued to the next regularly
scheduled Regular Meeting or Study Session !of the
Council. AMC 20.40.030.E."
FE. Council Packets.
Written materials, from Councilors, staff and citizens, which are related to agenda items to be
included in the Council packet, must be submitted to the City Administrator' s office:no later
than 12:00 noon six days in advance of the Council meeting for which it is intended.
Materials submitted must include author's name and address.
GF. Study Session Agenda Preparation.
The City Administrator prepares the agenda for the Study Sessions from:
1. Items requested by the Mayor and members of the Council to be listed on the agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the Council pertaining to committee reports and other business.
4. Items requested by City Commissions, Committees or Boards.
G. Time Limits.
Items appearing on the Council Study Session agenda shall be assigned a time limit and the
Mayor shall hold discussion to within the time frame, unless the consensus of the Council is
to extend the time limit until an issue or item is discussed and resolved.
Section 2.04.040 Conduct of Meetings.
A. Quorum.
As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the
Mayor and not less than three Councilors, constitute a quorum. If the Council
members present do not constitute a quorum, the members present may adjourn or a
majority of the members in attendance may direct staff to notify the absent members.,
except those known to be unavoidably detained, that their presence is required to
enable the Council to proceed with business.
B. Attendance by Electronic Communication.
Except in the event of a suspension of rules pursuant to AMC 2.04.O10E, members of
the City Council may not attend or vote at public meetings by means of telephone or
other electronic communication. The rules on meeting procedures and Council actions
Ordinance No. Page 7 of 28
shall otherwise remain in effect notwithstanding any such suspension of rules to allow
for attendance by electronic communication.
AC. Council Deliberation.
1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall
preside be the presiding officer at the meetings of the City Council. In the absence of these
officers at any meeting, the Councilors present shall appoint a Chair Pro -Tem td serve
temporarily as presiding officer and proceed with the meeting. The €.ltaai. exert -the
presiding officer may not vote on appeals
from decisions made while acting as presiding officer. The Chair of the Council or Chair
Pro -Tem may vote on all other motions, but the Mayor may vote only as provided in
City Charter Article 4, Section 3.
1
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2. Deliberatio Rules. The presiding officer shall ensure that each Council member has
the opportunity to speak on each issue before the Council. Councilors must ask the
presiding officer to be recognized. Unless otherwise permitted by the presiding officer,
no member may speak more than once on an issue and may do so only after every other
member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as
well as members of the public speaking on Council agenda items, shall confine their
remarks to the question under deliberation, avoid redundancy, speak only for
themselves, and make no negative personal remarks or comments about the motives or
personal traits of others.
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum
is maintained. Except by permission .of.;the pre officer, 'a Councilor shallradilress
any remarks to the Council, and not to4ithe'audienceJ Any person's failure to abide by
the presiding officer's instructions constitutes "disruption of a lawful asembly" as
provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or'a majority
of the Councilors, to direct a city official to remove the person from a Council meeting.
Disruptive behavior includes engaging in violent, intimidating or distracting actions o r
gestures, making loud or disruptive noise, using loud or disruptive profane language,
Ordinance No. Page 8 of 28
1
making negative personal remarks or comments about the motives or personal traits of
others, and refusing to obey an order of the presiding officer. Signs are not permitted
and will be considered disruptive. A direction or order of the presiding officer may be
challenged by a point of order as set forth in AMC 2.04.040C.4.b.(1).
4. Motions and Permissible Intervening Actions.
a. Councilor Actions During Debate. No motion or intervening action shall be
received or recognized by the presiding officer when a question is under debate,
except for the ten secondary motions and intervening actions listed below. The
disposition of any motion or action listed below must occur before consideration of
any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a
matter
(2) Motion to adjourn
(3) Withdrawal of a motion
(4) Motion to lay the matter on the table
(5) Motion to divide a motion under debate
(6) Motion to refer
(7) Motion to call for the previous question
(8) Motion to postpone to a certain time
(9) Motion to postpone indefinitely
(10) Motion to amend
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor
to raise a point of order if meeting protocol appears to have been broken.
The point of order must be addressed to the presiding officer and may not be
addressed directly to the speaker. The speaker must immediately cease
speaking, and the issue identified in the point of order must be resolved
before business continues. No second is required, and no debate is allowed
on the point of order. The presiding officer may seek clarification on the
point of order from its maker, from the speaker who had the floor when it
was made, or from the Parliamentarian. Before proceeding further, the
presiding officer must sustain or overrule the point of order or submit it to
Council decision by majority vote with no debate. A member who disagrees
with the presiding officer's decision to sustain or overrule a point of order
may move immediately following a ruling by the presiding officer to overturn
it. The motion to overturn a ruling on a point of order may not be debated,
and the presiding officer may not vote on it. Approval of the motion requires
a majority of affirmative votes; the motion fails in the event of a tic vote.
(2) Request for Information. Any member may interrupt a speaker who has
the floor to seek permission to make a request for information from the
speaker or from staff or invitees with expertise on the subject under
discussion. The request must be addressed to the presiding officer and may
not be addressed directly to the speaker. The 'speakei musttiliscontjnue
Ordinance No. Page 9 of 28
speaking untill:the,r "equest: for.° infor`rnation*hasibeen? denied orasatisf ed No
seconds required, and no colloquy is allowedon" the requestfordnfo mation,
except to the;eztent" s pecifically set °for 11iTti ein; The information sought
must concern either the subject under discussion or meeting procedure rules.
The presiding officer may ask the requestor for a statement of the nature of
the information sought. Neither a request for information nor asiatement of
the nature of =the in formation souilh't may contain statements of fact; unless
they are necessary to make the request intelligible and must not contain
arguments. Upon inquiry from the presiding officer, the person who had the
floor when the request for information was made has sole discretion whether
to temporarily relinquish the floor to allow the requested information to be
provided. An !oblection`.to apparentiv4superfluo Os* requests for information
maybe madethrough atpmnt =of=order.
(3) Objection to Consideration of a Matter. A member who contends a
matter about to be discussed is irrelevant or for any other reason not
advisable to consider, may object to consideration of the matter. The
objection may be made before or after another member has been assigned
the floor, but only if debate has not yet begun and none of the motions in
AMC 2.04.040C.4.a. has been made. An objection to consideration of a
matter does not require a second and is not debatable or amendable.
Immediately after the objection is made, a vote on sustaining the objection
must be taken. The objection fails unless at least two- thirds of the
Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before
the Council when no other motion is pending. The actions listed in AMC
2.04.040C.4.a. may be undertaken while the main motion is pending, and, if passed,
may affect the Council's consideration of the main motion. A main motion requires
a second, is amendable and debatable, and passes upon a majority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the
remaining unfinished business to the agenda of the next Regular Meeting or Study
Session. It requires a second, is not debatable or amendable, and passes upon a
majority vote in favor.
e. Withdrawal. A motion may be withdrawn by the mover at any time before an
amendment is made to it or, if no amendment is made, before a vote is taken on it.
Withdrawal of "a motion doe's not require :71'IteOitarOitieltetilitatirgtOra
withd`rawal'is not allowed'
f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a
proposal to suspend consideration of a main motion and all pending related motions
until later in the same meeting in order to deal with another matter that has come
up unexpectedly and which must be dealt with before the pending motion can be
properly addressed. A motion to lay a matter on the table requires a second, is not
Ordinance No. Page 10 of 28
amendable or debatable, and passes upon a majority vote. Before the meeting
adjourns, a subsequent non amendable, non debatable motion may take the matter
from the table if seconded and passed by a majority vote in favor. If the meeting
adjourns without considering the tabled item, it will be continued to the next
Regular Meeting or Study Session in accordance with AMC 20.04.030E.
g. Division of a Motion. Any member may move to split a motion I under
consideration into two or more independent motions that are taken up in sequence.
Each new motion is 'debated, possibly subjected to secondary motions, and voted
upon before taking up the next part. The mover may designate in the motion the
order in which the parts are considered. The motion requires a second, is
amendable, is not debatable, and passes upon a majority vote in favor.
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or
another body for further study and possible recommendations to the Council. The
motion requires a second, is debatable and amendable, and passes upon a majority
vote in favor. Any proposed amendments to a main motion on the referred matter
that are pending at the time are also referred.
i. Previous Question. A motion to call the previous question is a proposal to end
debate on a pending motion. It precludes all amendments and debate on the
pending motion until it is decided. The motion to call the previous question is not
debatable or amendable and requires a second and a two- thirds vote in favor.
j. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a
particular future meeting, requires a second, is debatable and amendable, and
passes upon a majority vote in favor. One function of this motion can be to :continue
consideration of an agenda item at a designated subsequent meeting.
k. Postpone indefinitely. A successful motion to postpone a matter indefinitely
prevents action on the matter for the rest of the meeting. It must be seconded, may
be debated, may not be amended, and passes upon a majority vote in favor. The
debate may address the substance of the main motion. A successful motion to
postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda.
1. Amendment. Any main motion and any amendment to a main motion may be
amended to add or omit words. A proposed amendment must be germane, must be
seconded, and is debatable if the motion to be amended is debatable. The
amendment passes upon a majority vote in favor. Other amendments may also be
proposed, provided that they do not nullify the amendments already passed or
attempt to amend a motion to amend a motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by
the presiding officer or the City Recorder. I
I
Ordinance No. Page 11 of 28
6. Voting.
a. When a question or motion is put to a vote by the presiding officer; each
Councilor present must vote for or against the motion unless a majority of the
Council excuses that Councilor from so doing. Unless excused from voting, a
Councilor who is present and does not vote for or against the motion shall be
counted as having cast a. negative vote. The Mayor can only vote in the case of a tie,
and then is required to vote unless excused from voting by a majority of the
Councilors present. If the Mayor fails to vote when required to do, the Mayor shall
be counted as having cast a vote against the motion.
b. A simple majority of the quorum present determines the action on ordinance, or
resolution and on most motions. On questions required by City Charter, City
Ordinances, or applicable provisions of Robert's Rules of Order Newly Re to
be decided by a two- thirds vote of the Council, approval requires an affirmative
vote of at least four Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for
reconsideration before adjournment of the meeting at which the action was approved or
at the next Regular Meeting, unless the item already has been approved or vetoed by
the Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded,
is debatable if the action under reconsideration is debatable, is not amendable, and
passes upon a majority vote in favor. Any member may second a motion for
reconsideration. A motion to reconsider a Council action may be made only once. A
vetoed item may not be the subject of a motion for reconsideration.
Section 2.04.050 Order of Business at Meetings_
The Mayor's State of the City address shall occur at a Regular Meeting in January of each year:
The Mayor or presiding officer may change the order of business on the agenda. The-required
The usual order of business
will be as follows:
A. Roll Call.
B. Approval of minutes of the previous meeting. If there are no corrections or objections to the
minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes
as approved shall be signed by the Mayor and City Recorder.
C. Special presentations, proclamations and awards. This item on the agenda is used to
acknowledge special recognition and awards given to the City or for the Mayor to announce
proclamations, which serve to encourage and educate the community. Proclamations shall be
made and placed on the agenda at the discretion of the Mayor. Requests for recognition
under this agenda item should be submitted in writing to the Mayor.
D. Public Forum.
Ordinance No. Page 12 of 28
L Public forum is to precede the consent agenda unless public forum is moved to later
in the agenda of a particular meeting by decision of the Mayor or presiding officer
or by temporary suspension of the rules pursuant to Section 2.040.010E.
2. Members of the public may speak during public forum about any topic not on the
agenda for the same meeting. The agenda for public forum is 15 minutes, unless a
majority of the Council votes to extend the time. On behalf of the City, any
Councilor may request that any matter discussed during public forum be placed on
a future Council agenda.
3. Public forum is not to be used to provide or gather additional testimony or
information on a quasi judicial matter. Public testimony will not be accepted on a
matter subject to a public hearing where the record has been closed if the matter is
still pending.
4. Persons wishing to speak during public forum are to submit a "speaker request
form" prior to the commencement of the public forum and deliver the form to the
City Recorder. The Mayor or presiding officer is to inform the audience on
requirements for submission of the form aW1Yea.possibleandfea tile, preference
will =be given ?die individuals who reside w�thm the city °liinitsof Ashl od. P,ersons
who:do not :reside in" the City maybe placed at the end of.the list =of thosrwishing4to
speak it public forum)
DE. Consent agenda. Routine business items may be listed by the City Administrator under this
item, which shall be acted upon in its entirety, except that the Mayor or any member of the
Council may request that any item be moved to the regular agenda under the appropriate
section of business.
EF.Public Hearings
1. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to; be set by
the Council, unless the Council, by a two thirds vote of those present, extends the hearing(s)
until 9:30 -p.m up to 9:45 p.m., at which time the Council shall set a date
for continuance and shall proceed with the balance of the agenda.
1
2. Not more than two land -use appeal hearings shall be scheduled for any Regular Meeting
of the Council. The City Administrator may, in the administrator's discretion; schedule
additional legislative hearings depending on the anticipated length of the Council
meeting.
3. Persons wishing to speak at public hearings are to submit a "speaker request form" prior
to the commencement of the hearing and deliver the form to the City Recorder. The
Mayor or presiding officer is to inform the audience of this requirement to submit the
form prior to the commencement of the hearing. No testimony will be accepted on public
hearings that have been closed.
F. Public Forum
1
Ordinance No. Page 13 of 28
1
t
topic:
G. Public Testimony on Agenda Items.
1. Members of the public who wish to speak on an agenda item that is not the' subject
of a public hearing at the same meeting (See Section F. above regardink public
hearing testimony) may do so at the time set aside for that agenda item. If a
member of the public or a Council member has requested time to speak on a
consent agenda item, the presiding officer shall make time for a brief presentation
by the requestor prior to the Council's vote on the consent agenda.
2. Persons wishing to speak on an agenda item are to submit a "speaker request form"
prior to Council consideration of the agenda item and deliver the form toithe City
Recorder. The Mayor or presiding officer is to inform the audience on requirements
for submission of the form.
3. The presiding officer will set time limits for people who ask to speak on agenda
items. In general the time limits should be set to enable all people who wish to
present testimony. Time limits shall not be so short as to not allow speakers to
address their topics.
GH. Unfinished business.
HI.New business.
IJ. Ordinances, resolutions and contracts.
Ordinance No. Page 14 of 28
al. Every ordinance is to be enacted in accordance with Article X of the City Charter.
Copies of the ordinance shall be e- mailed to Council members and the Mayor at least
fourteen days prior to the meeting. Council members may review the ordinance and
forward suggestions for changes to the City Attorney for consideration. Minor changes
may be incorporated, substantive changes will be considered at the time of first reading.
Any substantive changes to the ordinance must be verbally noted at first reading.
Council members must submit comments to the City Attorney no later than 12:00 noon
on the Wednesday prior to Council meeting.
Lengthy ordinances may be read by title only at
Council meetings if the Ordinance title has been published in the local paper at least
seven days in advance of the Council meeting
b2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not
require a roll -call vote.
e3. The voting on all ordinances may be by roll -call vote and recorded in the minutes
showing those numbers voting for and those voting against.
MK. Other business from Council members.
Section 2.04.060 Identification of Fiscal Impact of Policy Decisions,
A. When the City Council adopts a program or policy, it shall indicate how it expects that
program or policy will be funded; e.g., which existing taxes or fees the Council expects to
increase and by how much, or which current City programs or department expenditures the
Council expects to reduce to fund the new program or policy. However, if the Council
cannot reasonably identify a potential funding source, it shall so indicate.
B. As used in this Section the term "program or policy with significant revenue implications"
includes an ordinance or a resolution in which implementation may entail expenditures in
any budget year in excess of one and one -half percent (1.5 of the City's annual General
Fund budget, and which may require an increase to existing taxes or fees or an imposition of
new taxes or fees.
C. The provisions of this Section shall not apply to extraordinary expenditures in situations of,
or necessitated by, public emergencies.
.i..i
may request the item be placed on a future agenda.
Ordinance No. Page 15 of 28
Section 2.04.080 Conduct with City Employees,
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action.
Councilors should limit requests for information from staff to questions that may be
answered with minimal research. Requests that require significant staff time or resources
(two hours or more) should be directed to the City Administrator and must be approved by
the Mayor, City Administrator, City Attorney or by a majority vote of the City Council
B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or
City Staff, including materials requested by individual Councilors and the Mayor, generally
will be distributed to all Councilors with a notation indicating who has requested that the
information be provided.
C. Individual Councilors should respect the separation between policy- making and
administration. They Councilors shall not pressure or direct City employees in a way that
could contravene the will of the Council as a whole or limits the options of the council. They
Councilors must not interfere with work performance, undermine the authority of
supervisors, or prevent the full eCouncil from having access to relevant information.
Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the
performance of the City Administrator or the City Attorney.
D. The Mayor and council members should strive not to criticize any person in a public meeting
or in public electronic mail messages. The same expectation applies to City staff in the
exercise of their official duties. Discussions and disagreements should focus on the content
of the topic at hand. Nothing should limit a Councilor or staff person' s right to report
wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express
that concern to the Mayor, City Administrator, City Attorney.
Section 2.04.090 Commissions and Boards_.
A. Establishing Commissions and Boards.
Commissions and boards originate from different sources, including Oregon State Statute, City
Charter and Municipal Code; others are established by direction of the Mayor or: the City
Council. Establishment and description of the Recreation Commission, which is not an
appointed commission, is described in City Charter Article XXII and in AMC 2.16.
Appointed advisory commissions and boards and other
advisory bodies which are permanent {Regular} shall be codified described in other sections
of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These
shall including but not include but not be limited to Forest Lands Commission,. Planning
Commission, Transportation Commission, Planning Hearings Board, Publie—Reereation
Catamission Public Arts Commission, Conservation Commission, Ashland Airport
Commission, Housing and Human Services Commission, Historic Commission, Tree
Commission, and the Municipal Audit Commission. AMC 2.10 contains code; common
Ordinance No. Page 16 of 28
applicable to all S Regular and ad hoc commissions
boards, task forces and other advisory bodies.
B. Ad -hoc Committees intd-Titsk-Forees.
The Mayor shall have the authority, with the consent of the Council, to form ad -hoc committees
or task forces to deal with specific tasks within specific time frames. Such ad hoc committees Of
tas'...�k forces shall abide by uniform rules and procedures set forth in AMC 2.10 and such other
rules as prescribed by the order establishing such ad hoc entities. Committees er tv. �=.sk orecs
shall make recommendations by way of a formal report to the City Council. The Mayor or City
Administrator may refer matters to the appropriate ad hoc committee or- task- feree. The Mayor
with the consent of the Council shall appoint the membership of such committees or to es.
Members of Regular Boards and Commissions may be appointed to ad hoc committees and -task
ferees. The City Administrator shall by order establish the ad hoc body's scope of the work and
rules of procedure, if necessary. The Council has the authority to follow the recommendations,
change the recommendations, take no action, remand the matter back to the ad hoc bodyjor take
any other action it sees fit. The Council by majority vote may remove a member of an: ad hoc
committee or -task foree at any time, with or without cause. The City Council by majority vote
may amend or dissolve an ad hoc committee t
er o. as:«ee.
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and
boards not required by state law to be appointed by the City Council shall be appointed by the
Mayor with the consent of the Council. The Mayor may request assistance or recommendations
from Councilors in making appointments. In the Mayor's absence, any necessary appointment
may be made by the presiding officer with the consent of the Council. When necessary, the
Mayor shall stagger the initial expiration of terms of appointees, such as in the case of a new
commission or board. The Mayor shall not appoint, nor shall the Council consent to the
appointment of a person to more than two (2) regular board or commission positions at a time.
This rule shall not apply to the Planning Hearing Board. Because broad citizen participation is
encouraged, the Mayor and Council shall give due consideration to appointment of new qualified
members before re- appointing a person to more than three-(3) two al full terms on any single
regular board or commission.
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budget law, the Mayor is a member of the governing body of the City of
Ashland. and shall be a voting member of the budget committee.
E. Student Membership on Regular Commissions. and Boards.
The Mayor with the consent of the City Council may add to the membership of any city
commission or board up to two positions for student liaisons. The student liaisons shall be non-
voting ex officio members of their respective commissions or boards. Once the liaisori positions
have been added, the liaison from the high school shall be a high school student chosen by the
Ashland High School Leadership class and the liaison from the university shall be a;university
student chosen by the Associated Students of Southern Oregon University Student Senate.
Student Liaisons need not be appointed to every advisory commission or board.
F. Regular Membership Removal Process.
Ordinance No. Page 17 of 28
The City Council, with or without cause, may by majority vote of the City Council at a Regular
Meeting, remove any regular commission or board member prior to the expiration of the term of
the appointment. Written notice of removal to the affected member shall be provided. Removal
shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall
appoint a replacement for the remainder of the term in accordance with paragraph C. above.
Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed
by the procedures in ORS 227.030 and removal of any member of the Recreation
Commission or the Planning Commission is not subject to this section. Hearings under ORS
227.030 are hereby delegated by the governing body to the City Administrator or Hearings
Officer in accordance with the AMC 2.30, the Uniform Administrative Appeals Ordinance.
G. Changing or Dissolving a Regular Commission, Committee or Board.
After the any Regular commission, eemntittee -or board or other advisory body has been
formed and codified, any change or dissolution requires an ordinance amending the Municipal
Code.
Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council !Liaison is to facilitate communication between the City
advisory body and the Council. A Council Liaison is an ex officio non voting member of
the advisory body, not a regular voting member and shall not serve as Chair, unless the
Ashland Municipal Code specifically requires the Liaison to serve as Chair or in h voting
capacity. Notwithstanding the above, the Council Liaison to the Planning Com mission
shall be considered a non member Liaison and not an ex- officio member as regards
quasi-judicial matters.
2. City Councilors serve as liaisons to
the City's Regular and ad hoc advisory bodies and are
expected to represent the full City Council objectively and accurately in interacting with
the such entities.
3. City Councilors may attend meetings of
othc_ ad hoc cntitics the City's Regular and ad hoc advisory bodies as citizens of
Ashland. When attending as a citizen, Council members must identify their comments as
personal views or opinions not a representation of City Council policy.
B. Attendance.
Liaisons should attend all (Regular meetings of the
Regular and ad hoc advisory bodies to which they have been
assigned as time permits and should make special efforts to attend meetings in response
to specific requests to participate in discussions on topics the Council may need to be
aware of or provide input on. r
reassigned,. Liaisons shall not attend quasi-judicial proceedings when the final appeal or
final decision is or could come before the City Council.
C. Deliberations.
The City Council values diversity of opinion. A significant role of an advisory body is to
Ordinance No. Page 18 of 28
represent many points of view in the community and to provide the Council with advice
based on a full spectrum of concerns and perspectives. Accordingly, Council liaisons to City
advisory bodies should not attempt to direct debate, lobby, or otherwise influence the
direction or decisions of any advisory body bodies to which :e-or -shwas they have been
assigned. Council liaisons are encouraged to field and answer questions as appropriate Tor an
ex- officio member of the advisory body. Undue influence over the decisions of any City
advisory body shall be grounds for removal of a Liaison assignment under paragraph H
below.
D. Respect for Presiding Officer.
City Councilors attending advisory body meetings as liaisons shall accord the same respect
toward the Chair and other members as they do towards the Mayor, Presiding officer of each
other.
E. Council Information.
City Councilors will inform the advisory bodies to which they have been appointed liaison of
about Council agenda items and Council decisions that may be of interest to the advisory
body. Liaisons shall also encourage advisory board members to attend Council meetings to
keep abreast of Council action, policy matters and the activities of the eity City. To
F. Advice on Filling Vacancies.
The Council ILiaison for each advisory body, together with the advisory body chair and
assigned staff liaison will make recommendations to the Mayor for appointment of citizens to
fill vacancies on their respective advisory bodies.
G. D epor ti ng t.. th C
t his r or ti n s r s ib lit..
HG. Liaison Appointment Process and Term.
The Mayor will appoint a Councilors to act as a Council ILiaisons to each and every
Regular advisory commission or board. Councilors interested in a particular subject area
should inform the Mayor of their interest and the Mayor should take the expression of
interest and/or a Councilor's preference into account when making appointment decisions.
Liaison appointments shall be for a term of one year unless otherwise expressly stated.
Appointments are generally made on an annual basis in January and the Mayor shall make an
effort to rotate liaison assignments if there is more than one Councilor expressing a
preference for an specific appointment.
II1I.Removal from a Liaison Assignment.
The Mayor or a Councilor may be removed for any reason from a specific liaison position or
assignment upon two thirds vote of the entire Council.
Ordinance No. Page 19 of 28
Section 2.04.110 Council Representatives to State, Regional, Community and other
External Organizations.
A. Role and Responsibilities of Council Representatives.
1. City Councilors may be appointed, either by the City or by another entity, to serve'•as the
City of Ashland's representative Representative to State, Regional, and Community
organizations. In all cases, the City's representative Representatives will follow the
bylaws and guidelines for service of the organization to which they have been appointed.
2. The purposes of serving as an official Representative to State, Regional, Community, and
other external organizations are to ensure effective working relationships with other
agencies and organizations, ensure that Ashland uses all possible avenues to achieve
community goals; achieve City Council goals both within the community andi in the
Rogue Valley; protect the home rule authority of the City of Ashland to make decisions
that are best for the community; ensure that key City revenue streams are protected; and
secure federal and state funds for projects that benefit the City of Ashland and other
community institutions.
3. City Counselors are expected to represent the full City Council in their work
Representatives: In their -work as CitylRet Lives, City`Counciloes3are x acted
toy represent -,the full City- rouned,accurately -and objectively nd_..t epiet the
position' of other Councilors' accurateIvi and hoblectively If the Council has an
approved position on a matter under discussion, the Representative shall articulate
and, if called upon, vote in favor of that position. If the City Representative is asked
to take an official position on an issue that affects the City of Ashland and the City'
s official position is unknown or unclear, the City Representative should :request
that the item be placed on a City Council agenda in accordance with AMC 2.04.030
for full City Council action. If the Council has not approved an official position and
has not had the opportunity to confer with the City Representative on a matter
under deliberation in the subject external organization, the Representative shall
make a good -faith effort to reflect what the Representative believes 'the full
Council's position would be if the Council were to consider the matter, regardless of
the Representative's personal views, andhshalJreport io =the. eouncil n the ma ter
discussed .in the externali orj aizatioriattheriezf feasibleopportunity hereafter.
Conduct contrary to the guidelines in this subsection is grounds for removal under
paragraph E.
4. City Representatives serving as voting members on another organization's :Board of
Directors (such as the Rogue Valley Council of Governments) should work in the best
interest of that organization wh n not in conflict with unless such action would not be
in the best interest of the City of Ashland. When presented with a cenfliettite-rnenther
5. r
Ordinance No. Page 20 of 28
If the City Representative has an actual or potential personal conflict of interest, as
defined in Oregon Ethics Law, the Representative must fully comply with the
applicable requirements of Oregon Ethics Law and City ethics ordinances.
6. City Council members may attend meetings of state, regional, and community
organizations as citizens of Ashland. When attending as a citizen, Council members must
identify their comments as personal views or opinions not a representation of City
Council policy.
B. Attendance.
Representatives should attend all regular meetings of the organizations to which they have
assigned. In the event a Councilor has difficulty attending, the Representative should find an
alternate to attend on the City's behalf. In the event of a continuing scheduling conflict, the
City Representative should ask the Mayor to be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire Council on significant and
important decisions activities of each state, regional, and community organizations to which
they have been assigned. Council members may also request that representatives of these
organizations may be invited to give a short annual presentation to the Council.
D. City Representative Appointment Process and Term.
1. The Mayor will appoint a Councilor to represent the City to state, regional, and
community organizations to which the City is entitled to an official delegate. The City
Council shall confirm these appointments.
2. The Mayor and City Councilors may also be invited by external organizations to
represent either the City of Ashland or "Cities" in general. In these cases, the Mayor or
Councilor that has been asked to serve will inform the City Council in a Regular Meeting
of the assignment and request that the City Council confirm the appointment.
3. Councilors interested in a particular subject area should inform the Mayor of their interest
and the Mayor should take the expression of interest and /or a Councilor's preference into
account when making appointment decisions. City Representative appointments shall be
for a term of one year unless otherwise expressly stated. Appointments are generally
made on an annual basis in January and the Mayor shall make an effort to rotate liaison
assignments if there is more than one Councilor expressing a preference for an specific
appointment.
E. Removal from a Representative Assignment.
The Mayor or a Councilor may be removed for any reason from a specific representative
position or assignment upon two thirds vote of the entire Council.
Iti
Section 2.04.120 Councilor Expenses,
Ordinance No. Page 21 of 28
A The City will reimburse a Councilor or the Mayor for expenses that are directly related to
City business in accordance with the City's reimbursement policy. Councilors are required to
submit all statements as required by ORS 244.
Section 2.10.005 Purpose.
Advisory commissions and boards (advisory bodies) require uniform rules, policies and
operating procedures to assure maximum productivity and fairness for members and the public.
Except where otherwise provided in this Code, the following policies and procedures govern all
the City's commissions and boards, as well as ad hoc entities. Nothing herein removes the
requirement for compliance with more specific regulations and guidelines set forth by state
statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules
do not apply to the elected Parks and Recreation Commission.
Section 2.10.020 Terms, Term Limits and Vacancies.
All successors to original members of an advisory commission or board, shall have a three (3)
year term, except as otherwise _provided in the appointment order and- rex c n
members of the Municipal Audit Commission; "a§ provided `in" AMC =2 'lTll'15.
Notwithstanding the three year limitation, Planning Commissioners shall serve serve for terms
of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee
members not on City Council shall serve for terms of four (4) year ter -ms, with terms
expiring on June 30 the fourth year. All other regular terms shall commence with
appointment and shall expire on April 30 of the third year, unless otherwise provided in the
appointment order. The appointing authority may stagger terms in the original appointment
order as necessary. Members may serve three (3) two (2) terms on any single commission or
board, after which time the Mayor and Council will give due consideration to other qualified
candidates before making a reappointment. Any vacancy shall be filled by appointment by the
Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided
in AMC 2.04.090C.
Section 2.10.025 Meetings and Attendance.
A. Unless otherwise provided by law, the number of meetings related to business needs,of an
advisory commission, or boards may be set by the advisory body.
B.
1 1
.The Planning Commission and Budget
Committee shall set their own meeting attendance requirements. All members of other
Regular or ad hoc advisory bodies are expected to must attend all at,least
percent (75 of the full advisory body's* noticed ameetings, study',
`sessions and special meetings in each full Year of their tenu"rei A person removed from
the advisory body for non compliance with attendance requirements subsequently may
Ordinance No. Page 22 of 28
be appointed to fill the vacancy on the advisory body by means of the normal
appointment process of that advisory body.
C. A member should provide at least 48 -hour notice to both the chair of the advisory body
and the staff liaison regarding any planned absence from a scheduled meeting of the
advisory body. In the event an unexpected emergency will cause a member to be absent
from the meeting, the member must, if possible, notify the chair or the staff liaison
within a reasonable time in advance of the meeting.
D. Generally, advisory bodies may not allow alternates to represent or stand in for a
member at a meeting. Notwithstanding the foregoing preclusion of alternates, on
Regular and ad hoc advisory bodies with some members who are appointed by an
entity other than the Mayor and City Council and who serve as a representative of the
appointing entity, an alternate may participate and vote for the named member by
proxy at any meeting of the advisory body. Such participation by the alternate will be
deemed to be attendance by the named member. Individuals directly appointed by the
Mayor and approved by the Council may not be represented by alternates.
E. Each advisory body should review member Aattendance
with
a- report- sentto and report to the City Recorder approximately every six months. City
Recorder will advise the Mayor and City- Couneil advising -of on the need for appointments
or re- appointments, if necessary.
Section 2.10.040 Quorum and Effect of Lack Thereof
Unless etbetz.yise ordained, A meeting quorum shall consist of more than one -half of the total
number of authorized members of the body, including any vacant positions. Non voting ex
officio members, staff and liaisons do not count toward the quorum. n o _i ty e f the guorum
Members need not be physically present at a meeting if
another means of attendance (e.g. telephonic, interne etc.) has been established by the
membership and public meetings law requirements are met. At least a majority of the, quorum
is necessary to adopt any motion; some motions require the affirmative vote of at least two
thirds of the members present. If the members in attendance do not constitute a quorum,
staff or invitees may make informational presentations provided (1) Notes describing the
presentations and discussions are made and posted on the City website; (2) nd motion;
debate or vote Or any other official business other than adjournment takes place; and t} all
matters topics advertised shall are automatically be eontinued -to added to the agenda for the
next regularly scheduled meeting.
Section 2.10.050 Election of Officers, Secretary, and Subcommittees.
At its first meeting following the appointment or reappointment of members each year, of
the -year the advisory commission or board shall elect a chair and a vice -chair who shall hold
office at the pleasure of the advisory body. Neither the chair nor vice -chair shall serve as an
officer for more than Iwo three consecutive annual terms. Without the need for an
appointment, the head of the City Department staffing the commission, committee or board shall
be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The
Ordinance No. Page 23 of 28
Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for
the purpose of gathering information and forming a recommendation to be brought forward to
the full advisory body. Providcd h ivever, °Only the full body can make recommendations to
the City Council. Subcommittees must comply fully with the requirements of Oregon Public
Meetings law.
Section 2.10.060 Agendas and Minutes.
The chair or staff liaison will be responsible for timely preparation and posting in advance the
agendas of all meetings of advisory commissions and boards on the City's website. A member
or staff liaison will be responsible for taking minutes and getting them he posted on the eCity's
website, generally within a few days after the meetings. Members are encouraged to access
those documents from the web site. Staff will email or mail documents to members upon
request. If the advisory body has a current Council Liaison, the Liaison shall periodically
should be given the opportunity to report to the commission or board periodically.
Section 2.10.065.- Goals.
Advisory commissions and boards are encouraged to establish annual goals and action items that
reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are
expected to suggest, support and advance Council goals and are encouraged to look for ways
within their own unique responsibilities to do so.
Section 2.10.070 Rules and Regulations.
The advisory commission or board may make such rules and regulations as are necessary for its
governance, including the conduct of meetings, when not inconsistent with Ashland City
Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the
meeting procedure rules in AMC 2.04.40 Robcr`s R o f Ordc_ In the event of conflicts
that cannot be resolved less formally, Roberts Rules of Order AMC 2.04.040 shall be used as
the standard for meeting rules and procedures. Failure to strictly follow comply with Roberts
Rules-of-Order the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or
otherwise disturb a decision or action. The body will strive to be clear in its proceedings:
-Section -240.08S Deliberations.
Section 2.10.105 Reports.
A. Each Aadvisory body shall submit copies of its meeting minutes
to the City Recorder for presentation to the eCity eCouncil
Ordinance No. Page 24 of 28
Cetweih
B. The chair of each advisory body is expected to give at least one report to the City
Council each year on the advisory body's accomplishments, work in progress, and
planned activities. In addition, the Mayor or City Council may from time to time ask
chairs for information and recommendations on matters within the scope of their
advisory bodies. Chairs' reports to the Council are to be objective and representative
of the majority views of the memberships of their advisory bodies.
C. Council Liaisons may report to the entire Council on significant and important
activities of any advisory body to which they have been assigned.
D. Staff Liaisons to the advisory bodies may assist in preparing such reports.
E. Unless otherwise expressly provided in the Ashland Municipal Code or State Law, all reports
or recommendations of City advisory bodies committee shall be considered advisory in
nature and shall not be binding on the ntMayor or eCity eCouncil.
Section 2.10.110 Lobbying and Representing the City
Members shall only represent the opinion or position of the advisory body if specifically
i W wTho
member of an advisory commision or board. Members of;Citit ityadviso dies shall not state
the position of the.CltyoreOfa y advisory body atsmeetings,.orin:cocarAdence with
�x z m tel:
federal,state,regional ,loc al or community orgazatronsror electedhbodies unless
specifically autho �zel to do's by the CityC uo icll +and'by the advisory body at duly
advertised4meeir An;mdivid Nl'a iti b do y embeRatTelir zpress personal vi ews
on any, issue in anvwforumlaeaong as tt eh dividua mak''tes'3clear*thatYhe:or, is not
speakingsas a:member of4the advisorvlbody andathat the v ews &ezoressed� are p ersonal and
Trio t repr sent th nosltion of thetCit'V or *of theCItv4advIsory body. Advisory body
members are prohibited from engaging in political activity in accordance with ORS 260.432.
Section 2.11.015 Modified Terms and Qualifications [Municipal Audit Commission]
A. Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of
the Mayor or Council or, City Recorder and4Liaison,Budget Gomrhittee members allxbe for
one year,'each expiring ori Agril4O December 31 each -e year. All other terms shall be as
provided in AMC 2.10.020.
Section 2.16.010 ?while Recreation Commission Purpose of Chapter.
The purpose of this chapter is to implement Article XXII of the Ashland City Charter which
provides fora Recreation Commission.
Ordinance No. Page 25 of 28
Section 2.16.020 Public Recreation Commission Organization.
The Recreation Commission shall meet and organize itself by selecting one or more of its
members as Chair and such other officers as they deem necessary. The Commission has power
to adopt By -Laws, rules and regulations for the proper conduct of public recreation in the City.
Section 2.16.030 Public Recreation Commission Duties.
The Public Recreation Commission shall coordinate, as far as possible, the recreational facilities
now within the City, or hereafter to be constructed or created, with the object and purpose of
promulgating a central plan in which all public boards and agencies, as well as private
organizations, may participate. The Commission shall have the power to conduct any form of
recreation or cultural activity will employ the leisure time of the people of Ashland and vicinity
in a constructive and wholesome manner.
Section 2.16.040 Public Recreation Commission Recreation Director.
The Public Recreation Commission has the power to appoint or designate some individual to act
as recreation director who is trained and properly qualified for the work and such other personnel
as the Commission deems proper. The Public Recreation Commission shall, at the proper time
annually, submit a budget estimate to the Mayor and City Council for their approval. The
Commission may also solicit or receive any gifts or bequests money or other personal property,
or any donation to be applied, principal or income, for either temporary or permanent use for
playgrounds or other recreational purposes.
Section 2.16.060 Public Recreation Commission Reports.
The Public Recreation Commission shall make full and complete monthly and annual reports to
the Mayor and City Council and such other reports as from time to time may be requested of
them by the Mayor and City Council.
Section 2.18.10 Established Membership (Conservation Commission).
The Conservation Commission is established and shall consist of nine (9) voting members
including one representative of the solid waste franchisee for the city; and one representative
from Southern Oregon University; and one representative from the Ashland School District and
six (6) other voting members. At least five (5) of the other members shall reside within the city.
The commission shall also consist of certain non voting ex officio members, including the mayor
or one council member serving as council liaison, the Department of Community Development
Director and the Electric Utility Director, the Director of Public Works, the Building Official and
City Administrator.
S eretar of the C mission The primary staff liaison shall be appointed by the City
Administrator and shall serve as Secretary of the Commission. Voting members shall be
appointed by the Mayor with confirmation by the City Council.
Section 2.28.100 Electric Utilities Department Functions.
The functions of the Electric Utilities Department are the construction, operation, and
maintenance of the electric distribution system; the installation of all new lines, services and
meters; the maintenance of the hydro generation plant; the preparation and submission of
proposed work programs including estimates of cost; and the installation, maintenance and
operation of all electrical equipment and facilities of the City,
Ordinance No. Page26 of 28
City-Council.
Section 2.28.130 Finance Department Functions.
The functions of the Finance Department are the administration and collection of various City
taxes, licenses, and permits and the administration of ordinances and state laws applicable
thereto; the receipt and safekeeping of all City money; preparation and control of the City
budget; procurement of materials, supplies, equipment and services for all departments,cxeept
receipt, storage and issuance of supplies, materials and
equipment; the disposal of surplus property; fiscal and property accounting for all departments
data processing; financial estimating,
planning and programming; billing and collecting; investment of temporarily idle funds in
cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk
management and insurance administration; o p
the performance of all
duties prescribed by the City Charter and ordinances and the laws of the State for those officers
and officials included in the Finance Department; and the performance of such other functions as
may be assigned by the City Administrator or prescribed by the City Council.
Section 2.28.340 Public Works Department Functions.
The functions of the Public Works Department are the construction and maintenance of all
streets, alleys, sidewalks, paths, bike paths, rights -of -way, and courts now open or which
hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of
the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant;
the construction, maintenance and operation of the water distribution systems, the maintenance
and operation of the water filtration plant; the supervision of all work done on streets, alleys, or
other public ways, land, buildings, or other structures by anyone other than the City; supervision
of the repair and maintenance of all motor equipment of the City,
the performance of traffic engineering; the planning,
improvement and maintenance of the Ashland Municipal Airport; the performance of all phases
of engineering work required in connection with all the functions of said Department; the
keeping of records of all surveys and measurements made, which records shall be open for public
inspection.
Section 2.28.354 Community Development Department Functions.
The functions of the Community Development Department are the preparation and maintenance
of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of
ordinances, policies, maps and studies implementing said plan; the processing of applications for
planning actions set forth in Title 18 of this Code; with the assistance of the Police Department,
the enforcement of all laws, ordinances and regulations governing the erection and occupancy of
buildings and structures, and the alteration of or additions to buildings and structures as required
in Title 15 of this code; and with the assistance of the Police Department, the enforcement of all
laws and ordinances governing zoning and land -use as set forth in Title 18 of this code•,- -and -t ;e
Ordinance No. Page 27 of 28
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 2014,
and duly PASSED and ADOPTED this day of 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 28 of 28
Attachment 1
COUNCILOR- SUGGESTED ADDITIONS
Pp (Page 3 of 28)
Section 2.04.020 Meetings
C. Study Sessions (Page 3 of 27) [Addition suggested by Councilor Voisin]
Each study session shall include up to a total of 15 minutes for public forum. in which
persons may speak about any topic on the agenda for that study session. Persons wishing
to speak during public forum are to submit a "speaker request form" to the City Recorder.
y (Page 8 of 28)
Section 2.04.040 Conduct of Meetings
C. Council Deliberation
2. Deliberation Rules (Page 8 of 27) [Addition suggested by Councilor Lemhouse]
Council deliberation shall be characterized either as "general discussion" or as "debate."
"General discussion" as used herein means the presentation and clarification of facts
about a matter under consideration or the statement of preliminary positions concerning
such a matter without engaging in argumentation for or against one's position and prior
to seeking a specific decision on the matter by means of a motion or by means of informal
expressions of acquiescence from a majority of Council members. "Debate" as used
herein means argumentation for or against a specific decision which has been proposed
formally by means of a motion or informally by a request for acquiescence from a
maiority of Council members. The term "deliberation towards a decision" as used herein
*yi*e*�] (Page 21 of 28)
Section 2.04.115 Councilor Conduct in Other Forums
A Council member is free to express personal views on any issue in any forum as long as
any statements he or she makes about the positions of the full City Council and the
positions of other individual Council members are accurate and objective. Upon two
thirds vote of the entire Council. a Council member may be censured for noncompliance
with this requirement.
C I T Y O F
AS LAN D
Council Communication
April 1, 2014, Business Meeting
Recommendation from the
Downtown Beautification Improvement ad hoc Committee'
FROM:
Ann Seltzer, Management Analyst, seltzera @ashland.or.us
SUMMARY
The Downtown Beautification Improvement ad hoc Committee has identified five projects that could
be accomplished in the next two months and recommends Council direct staff to move forward:
1. Remove asphalt in the park row on Lithia Way between Pioneer Street and Oak Street. Install
irrigation, and plant street trees in the fall. Possibly plant flowers for color until trees are
installed.
2. Add a Sternberg light at the base of the staircase leading from the walkway adjacent to New
Theatre to Main Street.
3. Improve landscaping at city parking lots
4. Install Welcome to Ashland signs at entrances to Ashland
5. Improve the right of way area on Lithia Way adjacent to Stop and Shop and Cafe 116
Staff has provided the committee with estimated costs and timeless for the above projects (attached).
BACKGROUND AND POLICY IMPLICATIONS:
The committee has met three times and has defined "short term projects" as those that can be
accomplished prior to the high season and `long term projects" as those that can be accomplished in
the next three years.
1) Remove Asphalt
Currently, the park row along Lithia Way between Pioneer Street and Oak Street is asphalt and
there are no street trees. Committee Rationale: removing the asphalt and planting trees will
aesthetically improve that block of Lithia Way and be more in keeping with the rest of the
streetscape. Staff Input: The estimated cost of this project is $12,500. This includes removal of the
asphalt, installation of top soil, trees, tree grates and concrete finishing. Public Works estimates
the project could be completed in three to four weeks. In the fall, the project will be completed
with the planting of street trees and installation of tree grates. Note: the committee has asked for
"temporary" flowers to be placed in the area to give some color until the trees can be planted.
2) Add Stemberg Light
Currently there is one Sternberg Light (pedestrian scale light) along the walkway between New
Theatre and Main Street. The walkway is dark, uninviting and pedestrian un- friendly. Committee
Page 1 of 3
�r,
C I T Y O F
ASH LAN D
Rationale: Adding an additional Sternberg will enhance the lighting along this path. Later the
committee may decide to work with property owners to install LED lights on the lower level of the
path. Staff Input: Electric can easily install a second Sternberg at the base of the first set of stairs.
The cost is $3,000 and will take approximately six to eight weeks depending on how long it takes
for the light to be delivered. Note: Later the committee will evaluate whether there is a need for
additional lighting along the lower path. The committee has asked staff to contact the property
owner to discuss the possibility of adding LED lights to the building (at the city's expense) if need
be sometime in the future.
3) Install three "Welcome to Ashland" signs.
Currently there are no signs welcoming people to Ashland at the three entrances to town.
Committee Rationale: A welcome sign is the front door to the downtown and therefore an
extension of the downtown. Staff input: Staff has identified three locations for welcome signs:
base of RR trestle at the north end of town, at Tolman Creek and Siskiyou Boulevard for people
existing I -5 at exit 11 and in the median strip on Ashland Street on the west side of the overpass.
The cost for three very basic 6' x 2.5' signs is approximately $3,200. Note: The committee
considers these signs "temporary" and has asked the Public Art Commission to pursue proposals
from qualified artists to install permanent artistic welcome signs by June 2015.
4) Improve landscaping at City parking lots.
Parks recently cleaned the landscape areas around the parking lot on Lithia Way and will try to do
the same with the other lots in downtown. Committee Rationale: Weeds and sparse landscaping
are not appealing and should be basic beautifying maintenance. Staff input: The park policy of not
using pesticides severely limits the ability of park staff to keep the planting areas tidy and weed
free. The recent maintenance at the Lithia Way lot was done by people required to do community
service hours. Note: It was suggested the committee send a letter to the Parks Commission about
allowing the use of herbicides in downtown plantings; or the city could hire an outside contractor
to maintain those areas and use pesticide to get rid of weeds. It was also suggested that funds be
used to completely redo the landscaping: remove the existing plant, amend the soil, and densely
plant resilient shrubs that might crowd out weeds.
5) Improve the right of way area at the corner of Lithia Way and Pioneer adjacent to Stop and
Shop and Cafe 116. There is a triangular shape of right of way at that corner that is currently
dirt and bark chips, brinks and concrete. Committee Rationale: Improving the design of that
area will enhance the public art at that location and "clean up" a confusing and often messy
area. Staff input.: Kerry Kencairn, chair of the committee has offered to' do sketch a couple of
designs which may include a retaining wall, new concrete and possibly a bench. Cost and
timeline to be determined.
Upcoming meeting dates are: April 3, April 17 and April 24. Meetings occur at 7:00 am in the
Gresham Room of the Ashland Public Library.
FISCAL IMPLICATIONS:
Approximately $15,500 of appropriated TOT money would be spent for the first two projects listed
above.
Page 2 of 3
Fr,
C I T Y O F
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the committee recommendations.
SUGGESTED MOTIONS:
1 move approval of the recommendation of the Downtown Beautification Improvement ad hoc
Committee and direct staff to move forward with the projects listed.
ATTACHMENTS:
Staff report on costs and timelines for the identified short term projects.
Photos of welcome sign locations
Page 3 of 3
.4,
CITY O F
ASH LAN D
March 25, 2014
To: Downtown Beautification Improvement ad hoc Committee
From: Ann Seltzer (staff liaison)
Re: Information from departments on short term project list
Remove Asphalt Lithia Way/Public Works /Community Development/Planning
N.
4
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f ri
f
rFt\,---. cr. M1an "p� z
t.
r
'e Ny. S.,‘
According to our GIS survey data, there is approximately 7.5 feet of public property measuring
from the back of the curb to the line of the private property, so the asphalt area in question does
appear to be within the public right of way.
Public Works estimates $12,500 for the entire project. This includes removing asphalt and
installing top soil, adding irrigation, three street tress, three street tree grates and concrete
finishing. Public Work estimates the work could be done in three weeks though delivery of tree
grates will take approximately twelve weeks. In addition, the city will need to coordinate with
ODOT for new irrigation service as the trench cut would be in ODOT right of way. The largest
expense is the tree grates ($5,000) and irrigation equipment and labor ($4,500)
Estimate: $12,500
Timeline: 3 weeks
Welcome Signs/Public Works/
Whatever we come up with will have to be approved by ODOT. They don't list any regulations
about color or content but do have lots of requirements on mounting the sign; they have to be
able to break away if a car runs into them. We will likely need to work with a sign designer that
has worked with ODOT in the past.
$450 per sign for a basic wood sign measuring 6' x 2.5' (city logo and "Welcome to Ashland"
1
$200 per sign for ODOT sign application fee (one time fee)
$150 per sign for annual permit fee
$250 per sign for installation
Estimate per sign: $1050 ($3,150 for three signs) if the signs are to be lit add an additional
$1000 per sign or more depending on access to existing power and light fixtures
Timeline: six weeks to manufacture, plus ODOT approval, plus installation
Note: There isn't any city owned property on Siskiyou Boulevard at the city limits
(approximately Tolman Creek Road) so we would have to get permissions from a private
property owner to locate the sign.
Improve Lighting /Electric Department/
There are two set of stairs leading down from the alley adjacent to New Theatre. There is
currently a Sternberg (pedestrian scale light pole) at the top of the second set of stairs.
Existing Sternberg (sorry not a good pic, a sunny day and lots of
shadows)
y�<
There is a security light high on the wall of F
the Earthly Goods building in the space
between the two sets of stairs.
s I
d-
Solution, estimate and timeline:
An additional Sternberg light can be added to the base of the first set of stairs.
Estimate: $3000
Timeline: about 6 -8 weeks (minimum 6 week delivery)
2
y
m
c
J T4
Add a Sternberg here.
Add four to five LED lights horizontally about 8 10 feet high along the exterior of
Earthly Goods building from the bottom of the stairs towards Main Street.
Estimate: $1500
Timeline: 4 weeks
Note: This will require written permission from the property owner to affix lights on his
building. The lights would be connected via conduit to an existing city panel, e.g. the
City pays for the electricity not the property owner.
Note: LED light is clean, bright and does not produce the shadows to the same degree as
incandescent.
Landscaping at city parking lots /parks representative to attend committee meetings/Parks/
On Tuesday, parks preformed landscape maintenance at the Lithia Way lot. 1 have not received a
response directly from parks about other city lots or designating a parks representative to attend
the committee meetings.
Improve right of way Lithia Way (Stop and Shop)/Public Works/
Pending concept sketch by Kerry Kencairn
3
March 27, 2014
Welcome to Ashland Sign Locations (does not include images of RR trestle area)
Ashland Street
t
-e
1
Siskiyou Boulevard
kit
This existing sign would be replaced with a "Welcome" sign
'21 -T3/4°
'ar �t key':
ttic
fir
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e
2
CITY OF
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Appointment to Citizen Budget Committee
FROM:
Barbara Christensen, City Recorder, christebna,ashland.or.us
SUMMARY
No applications received for the vacant position on the Citizen Budget Committee.
BACKGROUND AND POLICY IMPLICATIONS:
A position on the Citizen Budget Committee was created when Lynn Thompson was appointed to the
Planning Commission.
Notice was placed on the city website on February 5, 2014 and announced at Regular Council Meetings.
Advertisement was placed in the local newspaper on two occasions. All notices included a deadline
date of March 14 for applications.
No applications were received.
Council is being asked how they would like to proceed on filling this position.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
None
SUGGESTED MOTION:
None
ATTACHMENTS
None
Page l of l
t`,
C I T Y O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
Direction to Housing and Human Services Commission regarding students as a
protected class in the Fair Housing ordinance
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY:
At its March 18 meeting, the Council voted to add to the April 1 agenda a discussion of directing the
Housing and Human Services Commission to study and develop a recommendation on whether
students should be added as a protected class in the City's Fair Housing ordinance.
BACKGROUND AND POLICY IMPLICATIONS:
At the March 18 business meeting, four Southern Oregon University students appeared under public
forum to request that the City consider adding students as a protected class in the Fair Housing
ordinance. (Link to meeting minutes here.) The Council subsequently agreed to place on the April 1,
2014, agenda a discussion of direction to the Housing and Human Services Commission to study and
develop a recommendation on whether students should be added as a protected class in the City's Fair
Housing ordinance.
FISCAL IMPLICATIONS:
None.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
I move to direct the Housing and Human Services Commission to study and develop a
recommendation on whether students should be added as a protected class in the City's Fair Housing
ordinance.
ATTACHMENTS:
None
Page 1 of l
was•
CITY O F
ASHLAND
Council Communication
April 1 2014 Business Meeting
Second reading of an ordinance modifying the Verde Village Subdivision
Development Agreement and adoption of findings
FROM:
Derek Severson, Associate Planner, Community Development, derek.severson n,ashland.or.us
SUMMARY
The ordinance being presented to the City Council for second reading would modify the Verde Village
Subdivision's Development Agreement to: 1) clarify the project phasing; 2) change the energy
efficiency requirements so that all units would be built to Earth Advantage /Photovoltaic Ready
standards; and 3) change the landscaping requirements associated with construction of the multi -use
path. Findings are also presented for Council adoption to formalize the land use approval.
BACKGROUND AND POLICY IMPLICATIONS:
The Verde Village Subdivision was approved by the City Council in 2007, and included a land
exchange between the applicants and the city, an Annexation, Comprehensive Plan and Zoning Map
Changes, and a number of land use approvals which were included in a development agreement
between the City and the applicants and adopted by Ordinance #2945 in December of 2007.! The
applicants are now requesting to modify the subdivision's Development Agreement to clarify the
project phasing, change the energy efficiency requirements so that all units would be built to Earth
Advantage/Photovoltaic Ready standards, change the landscaping requirements associated with
construction of the multi -use path with the hope that these modifications will enable the development
to happen, and to happen more quickly.
The Council conducted the required land use action public hearing on February 18, 2014. Prior to the
close of the public hearing, a participant requested that the record remain open for the submittal of new
evidence as provided in ORS 197.763.6, and the applicants requested an additional seven days for the
submittal of written arguments. The record was left open as requested, and at its next regular meeting
after the record had closed, on March 18, 2014 the Council approved the land use application and first
reading of the ordinance, with the two amendments that had been recommended by the Planning
Commission.
FISCAL IMPLICATIONS:
The Parks Department has indicated that if the landscaped area required to mitigate the impacts of the
multi -use path were reduced as requested, it would proportionally reduce the long -term maintenance
costs when Parks takes over maintenance of this parcel.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Page 1 of 2
Mr
C I T Y O F
ASHLAND
Staff recommends that Council approve second reading of the ordinance titled, "An Ordinance
Modifying the Verde Village Subdivision Development Agreement" and adopt the findings presented.
SUGGESTED MOTION:
Move to approve second reading and adopt the ordinance titled, "An Ordinance Modifying the Verde
Village Subdivision Development Agreement," and authorize the Mayor to sign the Fourth
Amendment to the Verde Village Development Agreement.
Move to adopt the findings for Planning Action #2014- 00052.
ATTACHMENTS:
1. Proposed Ordinance.
2. Ordinance Exhibit A Fourth Amendment to Verde Village Development Agreement
3. Ordinance Exhibit B Revised Exhibit E. Verde Village Special Conditions
4. Ordinance Exhibit C Revised Exhibit F. Timetable of Development
5. Ordinance Exhibit D Original Verde Village Council Findings
6. Findings for Council Adoption
Page 2 of 2
119
ORDINANCE NO.
AN ORDINANCE MODIFYING THE VERDE VILLAGE SUBDIVISION'S
DEVELOPMENT AGREEMENT TO CLARIFY PROJECT PHASING AND
MAKE CLEAR WHICH IMPROVEMENTS ARE REQUIRED WITH
EACH PHASE AND TO ALLOW EITHER PHASE TO OCCUR FIRST; TO
CHANGE THE ENERGY EFFICIENCY REQUIREMENTS FOR THE
DEVELOPMENT SO THAT ALL UNITS WILL BE CONSTRUCTED TO
AT LEAST EARTH ADVANTAGE GOLD STANDARDS AND WILL BE
PHOTOVOLTAIC READY; AND TO CHANGE THE LANDSCAPING
REQUIREMENTS ASSOCIATED WITH CONSTRUCTION OF THE
MULTI -USE PATH.
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 f 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 above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of!
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of
11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation,
Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR -5) to
City of Ashland Single Family Residential (R -1) and Suburban Residential (R- I -3.5); Outline
Plan approval to develop the property as a 68 -unit residential development; Site Review approval
for a multi- family development; a Physical and Environmental Constraints Review Permit to
locate a multi -use path in the Ashland Creek Riparian Preservation Area; a Tree Removal
Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a&
proposed street, to not locate a street adjacent to natural features and to not connect two of the
proposed streets; Variances to reduce the on- street parking requirement from 78 to 38 spaces, to
reduce the rear yard setback requirement for six of the townhomes in the northwestern corer of
the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings
Ordinance No. Page 1 of4
for the 27 cottages in the southwestern corner of the site; an Administrative Variance to the Site
Design and Use Standards to have the primary orientation of the buildings to the south, rather
than to the street, in order to maximize the use of solar energy; a land exchange with the City of
Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in
exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south
of the existing parking area; and a Development Agreement with the City of Ashland which
govemed the development of the subdivision, and included unique, project specific net -zero
energy performance standards applicable to each home to be built, requirements for construction
of a multi -use path within the riparian preservation corridor and for restoration, enhancement and
maintenance of the riparian corridor, and a detailed timetable for completion of the project.
WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance
No. 2945 after consideration of the staff report, the recommendation of the Planning
Commission, and the comments and evidence presented during the public hearings on the Verde
Village Development Agreement between the City of Ashland, Oregon and Ashland Flower
Shop and Greenhouses, Inc., and found and determined that the Verde Village Development
Agreement was in the best interest of the public health, safety and welfare of the City of!
Ashland; met a public need and provided a public benefit; and was consistent with all applicable
City of Ashland laws and ordinances; and
WHEREAS, on January 5, 2009 the subject properties were sold by Ashland Flower Shop and
Greenhouses, Inc. to WILMA LLC, the company owned by the original applicants, Greg and
Valri Williams, to carry out the development of the properties.
WHEREAS, on July 17, 2009 the Planning Director approved and executed the First
Amendment to the Verde Village Development Agreement, approving a 12 month administrative
timetable extension as contemplated in Exhibit F of the original Development Agreement; and
WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market; and
WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension Ordinance; and
WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance; and
WHEREAS, on June 4, 2013 the Ashland City Council approved and adopted Ordinance No.
3082 to grant a seven -year extension of all dates contained within the Verde Village
Subdivision's Development Agreement timetable to provide the maximum 15 year duration for
the Development Agreement allowed under the Oregon Revised Statutes. After consideration of
the staff report, the recommendation of the Planning Commission, and the comments and
evidence presented during the public hearings, the Council found and determined that the
Ordinance No. Page 2 (4;4
extension of the Verde Village Subdivision's Development Agreement timeline was in the best
interest of the public health, safety and welfare of the City of Ashland; met a public need, and
provided a public benefit; and was consistent with all applicable City of Ashland laws and
ordinances; and
WHEREAS, on January 10, 2014 WILMA LLC requested modifications of the Development
Agreement for the Verde Village Subdivision for the properties located at 87 W. Nevada Street
and 811 Heiman Street. The requested modifications include: clarifications of the project
phasing to make clear which improvements are required with each phase and to allow either
phase to occur first; changes to the energy efficiency requirements of the development so that all
units will be constructed to at least Earth Advantage Gold standards and will be Photovoltaic
Ready; and changes to the landscaping requirements associated with construction of the multi-
use path.
WHEREAS, on February 11, 2014 the City of Ashland Planning Commission considered the
above referenced request for modifications to the Verde Village Subdivision Development
Agreement and recommended that the City Council approve the requested modifications ',with the
addition of two conditions to the Development Agreement's Exhibit E "Verde Village Special
Conditions"; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public; hearing
on the above referenced request for modifications to the Development Agreement on February
18, 2014; 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 found and determined that the
requested modifications of the Verde Village Subdivision's Development Agreement are in the
best interest of the public health, safety and welfare of the City of Ashland; meet a public need
and provide a public benefit; and are consistent with all applicable City of Ashland laws and
ordinances.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. The City of Ashland declares the approval and adoption of the requested
modifications to the original Verde Village Development Agreement, said modifications being
attached to this Ordinance as Exhibit A, Fourth Amendment to the Verde Village Development
Agreement to Reflect Council Approved Modifications to the Agreement and Timetable;
Exhibit B, Revised Exhibit E, Verde Village Special Conditions; and Exhibit C, Revised
Exhibit F, Timetable of Development Outline Plan, Physical Commencement and Completion.
These exhibits are made a part hereof by this reference. In addition, the Council's Findings of
Ordinance No. Page 3 oft
1
Fact, Conclusions of Law and Order PA #2006 -01663 adopted December 18, 2007 in
conjunction with the approval of the Verde Village Development Agreement attached as Exhibit
D are hereby modified by the removal of council conditions #26, #27 and #44 which conflict
with the modifications requested.
1
SECTION 3. The adoption of this Ordinance declaring approval of the proposed modifications
to the Verde Village Subdivision Development Agreement and associated amendments to the
timetable are fully supported by evidence contained in the whole record, which is incorporated
herein by this reference.
SECTION 4. The Ordinance shall be effective after execution of the Fourth Amendment to
Verde Village Development Agreement to Reflect Council- Approved Modifications to the
Agreement in Exhibit A by both the City and WILMA LLC, but not earlier than thirty (30) days
after the second reading of this Ordinance and signature by the Mayor.
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.
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 2014, and duly PASSED
and ADOPTED this day of 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
John Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Ordinance No. Page 4 of 4
Exhibit A
FOURTH AMENDMENT TO VERDE VILLAGE DEVELOPMENT
AGREEMENT TO REFLECT COUNCIL APPROVED MODIFICATIONS
TO THE AGREEMENT AND TIMETABLE
THIS FOURTH AMENDMENT is made and entered into this day of
2014, by and between the City of Ashland, a municipal corporation of the State of Oregon,
(hereinafter referred to as "City and WILMA, LLC, an Oregon Limited Liability Company,
(hereinafter referred to as "WILMA
Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting
approval to the Verde Village Development Agreement, a land use decision; and
Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the
First Amendment to the Verde Village Development Agreement, approving a 12 month
administrative timetable extension as contemplated in Exhibit F of the original Development
Agreement; and
Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the
Recession Extension Ordinance, which ordinance created a ministerial process for the Planning
Director to grant current planning actions a 12 month timetable extension in recognition of the
difficult financial market.
Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in
accordance with the Recession Extension ordinance.
Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to
extend the timetable was approved administratively by the Director in accordance with the
Recession Extension Ordinance;
Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in
accordance with the allowances of the original development agreement and the Oregon Revised
Statutes.
Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. #3082
which amended the timetable for the entire project.
Whereas, on January 10, 2014, WILMA LLC requested modifications of the
development agreement and timetable to clarify project phasing, alter the energy efficiency
requirements for the development and make changes to the landscaping and maintenance
requirements associated with the construction ofa multi -use path in the riparian corridor.
Whereas, on April 1, 2014, the Ashland City Council adopted Ordinance No. #1
which amended the development agreement and timetable for the entire project.
Page 1 of 3
Exhibit A
NOW THEREFORE, the Verde Village Development Agreement is hereby amended as
follows:
1. The above recitations are true and correct and are incorporated herein by this
reference; and
2. The Development Agreement is hereby amended to reflect modifications of the
development agreement and timetable to clarify project phasing, alter the energy
efficiency requirements for the development and make changes to the landscaping
and maintenance requirements associated with the construction of a multi -use path in
the riparian corridor as follows:
a. Exhibit E, Verde Village Special Conditions, is hereby replaced in its entirety by
a Revised Exhibit E, attached hereto and made a part hereof by this reference.
b. Exhibit F, Timetable of Development, is hereby replaced in its entirety by a
Revised Exhibit F, attached hereto and made a part hereof by this reference.
c. The Council's Findings of Fact, Conclusions of Law and Order PA #2006 -01663
adopted December 18, 2007 in conjunction with the approval of the Development
Agreement are hereby modified by the removal of council condition #26,1427 and
#44.
3. All other provision of the Verde Village Development Agreement, not inconsistent
with the above changes remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated
below. The date of this Amendment shall be the date on which this Agreement was executed by
all parties.
WILMA LLC CITY OF ASHLAND
By: By:
Gregory D. Williams, Managing Member John Stromberg, Mayor
Date: Date:
Approved as to Form: Approved as to Form:
John Blackhurst, David Lohman,
Attomey for OWNER/DEVELOPER City Attorney
STATE OF OREGON
Page 2 of 3
Exhibit A
County of Jackson
The foregoing instrument was acknowledged before me this day of 2014,
by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON
County ofJaekson
The foregoing instrument was acknowledged before me this day of 2014,
by John Stromberg, as Mayor and authorized agent for the City of Ashland pursuant to
Ordinance
Notary Public for Oregon
My Commission Expires:
Page 3 of 3
Attachment 2Exhibit 13
REVISED EXHIBIT E
VERDE VILLAGE
Special Conditions
1) Affordable Housing Requirements. A deed restriction shall be recorded for
the town home portion of the development specifying the land is required
to be developed as affordable units in accordance with AMC
18.06.030.G(5) and in conformance with the approval of PA 2006- 01663.
The deed restriction shall require the affordable units to remain affordable
per Resolution 2006 -13 for a 60 year period from initial occupancy. The
town home area shall be serviced with all needed public facilities.
The deed restricted land shall be dedicated to a non profit (IRC 501(3)(c))
affordable housing developer or comparable Development Corporation
with proof of the dedication and deed restriction being presented to the
City of Ashland Housing Program Specialist prior to issuance of a building
permit for the development of the first market rate residential unit.
The deed for the land conveyed for affordable housing purposes shall
include a reverter to the Owner or deed restriction requiring conveyance
of the property to the City of Ashland if the affordable housing
development is not fully developed in accordance with the approval of PA
2006 -01663 within five years of this approval, unless administratively
extended pursuant to Exhibit F. In the event the property reverts to the
Owner the Owner shall thereafter convey the property, without
encumbrances, to the City of Ashland, for affordable housing purposes.
City may accept or reject the offer, but the owner shall not be relieved of
the obligation to convey the property to another approved provider of
affordable housing. All the affordable housing units shall be Net Zero
Energy Ready as provided in Condition 12 below.
2) Annexation Sequence. The sequence is set forth in Section 16 of this
Agreement. Property comprising Phase I shall be annexed first. The land
dedicated to the City for parks purposes adjacent to Ashland Creek shall
be annexed second. Following such Park annexation, Phase II of the
project (single family development) may be annexed.
3) Applicant's Proposals: The applicant agrees that Project shall be
constructed to the standards as proposed in the application, and as finally
approved by the Council, including supporting documentation as entered
into the record. All proposals of the applicant are conditions of approval
for purposes of enforcement.
Ordinance No. Attachment 2Exhibit 13 Page I of 9
I
Attachment 2Exhibit B
4) Archaeological Artifacts: In the event of discovery of archaeological artifacts
during project construction, the Owner shall stop construction in that area
and notify the City and the State of Oregon. Proper protection and /or
relocation of artifacts, to the satisfaction of State and Local approval
authorities shall be provided by the Owner, prior to recommencement of
construction.
5) Ashland Creek Riparian Corridor Enhancement and Mitigation. The Owner
shall be solely responsible for the restoration and enhancement of the
area of the Riparian Corridor that is disturbed in the construction of the
multi-use path and four (4) feet on either side of the multi-use oath, to be
conveyed to the City as part of the land exchange. A mitigation plan
prepared by a riparian biologist or a natural resource professional with
training and experience in biology, ecology or related fields for the impact
of the construction of the multi -use path in the riparian corridor and to
address the 10 -foot wide riparian corridor buffer. The riparian corridor
buffer is the setback between the new eastern property line adjacent to
the Ashland Creek riparian corridor and the single family homes and yards
for units 68, and 25 -39, and is delineated as common area in the
application materials. Disturbed areas from the multi -use path
construction shall be re- vegetated and an additional area restored and
enhanced with local source native plant material including ground cover,
shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied
(e.g. mulch, hay, jute- netting, or comparable) and temporary irrigation
facilities installed. The mitigation plan shall include but not be limited to a
statement of objectives, measurable standards of mitigation, an
assessment of riparian corridor functions and values, a statement and
detail plan of the location, elevation and hydrology of the mitigation area,
a planting plan and schedule, a monitoring and maintenance plan, a
contingency plan and performance guarantees. The applicants shall install
the mitigation measures in the approved mitigation plan in conjunction
with the multi -use path installation. The Final Plan application shall include
a mitigation plan (see contract required plant materials)_ The Contract
for Installation of Plant Materials with Security acceptable to the City
Attorney and Planning Director shall be submitted for restoration and
enhancement consistent on or before the commencement of construction
as specified in the Timetable of Development.
6) Boundary Description. A final boundary description and map shall be
prepared in accordance with ORS 308.225. A registered land surveyor
shall prepare the description and map. The boundaries shall be surveyed
and monuments established as required by statute subsequent to Council
approval of the proposed annexation.
1 Ordinance No. Attachnicnt 2Exhibit 13 Page 2 of 9
achmcm° °Exhibit B
7) Covenants Conditions and Restrictions. A draft copy of the CC &R's for the
homeowners association(s) shall be provided at the time of Final Plan
application. Lots 65 68 shall be included in a homeowners association
and subject to all subdivision requirements. CC &R's shall describe
responsibility for the maintenance of all common area and open space
improvements, parkrows and street trees. CC &R's shall provide reciprocal
easements for residents of the various homeowners associations (i.e.
cottages, town homes and single family residential) to access and use all
of the project open spaces. CC &R's shall note that any deviation from
the Tree Protection Plan must receive written approval from the City of
Ashland Planning Department. That the CC &R's identify the units are
which are subject to the City's Affordable Housing requirements and terms
of affordability. The CCRs shall include reference to the administrative
enforcement provisions of this agreement and the ability of the City to
enforce and assess the association for the maintenance of common areas,
including the association's responsibilities for maintenance of the storm
water areas offsite.
The Final Plan submittal shall address the usability, including Verde Village
community access, of the private open spaces. Usability shall be
specifically addressed for the two small open spaces in the town home
area (550 sf and 700 sf), one small open space in the cottage area (1,300
sf) and the one small open space adjacent to the alley 1,310 sf). Layout
and landscaping of the open spaces as well as any improvements such as
play equipment shall be detailed in the Final Plan submittals.
8) Curb—Cut Compliance. The Final Plan application shall include revised
and corrected driveway curb -cuts for units 45 and 46 spaced at least 24-
feet apart as measured between the outside edges of the apron wings of
the driveway approaches in accordance with the Ashland Street
Standards.
9) Easements: Buildings or permanent structures shall not be located over
easements, including but not limited to the sanitary sewer pressure line
easement.
10) Endangered Species: In the event that it is determined that any
representative of a protected plant or animal species pursuant to the
federal, state, regional or local law, is resident on or otherwise is
significantly dependent upon the Verde Village property, the
Owner shall cease all activities which might negatively affect that individual
or population and immediately notify the City of Ashland, State of Oregon
and the U.S. Fish and Wildlife Service. Construction may resume when
proper protection, to the satisfaction of all agencies, including the City, is
Ordinance No. at2Exhibit B Page b of 9
it
Attachment 2Exhibit B
provided by the Owner.
with each building rmit application.
11) Energy Conservation: Earth Advantage Program. A minimum of 53 Formatted: Font Bold, Underline
of the residential units shall qualify in the City of Ashland Earth Advantage
program with at least a Gold rating. That a minimum of 53 of the
residential units be constructed as Photovoltaic Ready.
12) Encray Conservation: Nct Zcro [ncrgy, 53 residential units, in thc
meet thc application "Net Zcro Energy" Performance standard as outlined•
to Exhibit K 3 of the Revised Outline Plan, Book III Narrative revised
Performance Standard that is administered by thc applicants and verified
by the city.
selected from the1ist of qualified machines
either 3kW's in size or produces 1.5 Kwh's /Sq.
the size of thc PV system.
R 19 attic insulation for flat ceilings.
1 Ordinance No. Attachment 2Exhibit B Page i of 9
Attachment 2Exhibit B
home tax credit
12) That the 15 affordable residential units in the subdivision (i.e.
town homes) shall meet the application "Net Zero Energy" Performance
Standard as outlined in Exhibit K -3 of the Revised Outline Plan, Book III
Narrative revised October 24, 2007, except that the photovoltaic (PV)
system is not required to be installed in the affordable units. The
affordable unit shall be constructed with the appropriate infrastructure
(e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system
can be installed at a later date.
13) Intersection Design: Applicant shall design the pedestrian crossing at the
new intersection of Helman St., Almeda Dr. and Nevada St. Pedestrian
safety and refugee shall be addressed in the intersection design. Design
must be submitted with the Final Plan application.
14) LID Non remonstrance: Prior to Final Plan Approval, the applicant shall
execute a document as consistent with ALUO 18.68.150 agreeing to
participate in their fair share costs associated with a future Local
Improvement District for improvements to Heiman Street and to not
remonstrate against such District prior to signature of the final subdivision
survey plat. Executed documents shall be submitted with the application
for Final Plan. Nothing in this condition is intended to prohibit an
owner /developer, their successors or assigns from exercising their rights
to freedom of speech and expression by orally objecting or participating in
the LID hearing or to take advantage of any protection afforded any party
by city ordinances and resolutions in effect at the time
15) Lot Coveraqe Compliance. The Final Plan application shall include revised
and corrected lot coverage calculations in square footage and percentage
for each development area (i.e. cottages, town homes and single
family /duplex areas). Any area other than landscaping such as structures,
driveways, patios and pervious paving that does not allow normal water
infiltration shall be included as lot coverage.
16) Measure 49 Waiver. The applicant expressly agrees to construct the
project in accordance with the approved plan and City ordinances and
waives the right to file a claim under Oregon Statewide Measure 49. The
signed waiver shall be submitted to the City of Ashland Legal Department
for review and approval prior to signature of the survey plat or adoption
of a resolution or ordinance formally annexing the property, whichever is
first.
Ordinance No. ttn.. chn,c_..._t 2Exhibit 13 Page 5 of 9
Attachment 2Exhibit 13
17) Multi -Use Path Improvements. As specified in the approved Timetable
of Development, all the multi -use paths shall be constructed according to
City Code standards, specifically, paths shall be paved with concrete,
asphalt or a comparable all- weather surfacing. Two to four foot wide
gravel or planted strips are required on both sides of the multi -use paths
in accordance with the Ashland Street Standards. Fencing or retaining
walls shall be located two to four feet from the improved edges of the
path to provide clear distance on both sides of the path for safe operation.
The clear distance areas shall be graded to the same slope as the
improved path to allow recovery room for pedestrians and bicyclists. The
clear distance areas shall be limited to gravel or landscape materials, and
vegetation in excess of six inches in height shall not be placed in the clear
distance areas. The transition from Almeda Dr. to the multi -use path,
from Canine Way to the multi -use path and from Nevada St. to the multi-
use path shall be addressed. Specifically, the preliminary engineering
shall address bicycle access from the street grade and provide sufficient
turning radius for bicycle navigation. The preliminary engineering plans
submitted with the Final Plan application shall include details for the multi-
use path improvements and this design. All multi -use path public
easements shall be clearly identified on the final survey plat, conveyed,
and identified in the project, (with appropriate markings or compliant
signage). Easements are required for paths between units 64 -65 and
adjacent to 39. The project CC &R's shall expressly note that the
pathways are for public use and shall not be obstructed or through access
restricted unless authorized by the City of Ashland and Ashland Parks
Department.
18) Multi -Use Path Revisions: The adjustments to the width and location of
the multi -use path in and adjacent to the Ashland Creek riparian corridor
shall not affect the width or location of the 10 -foot wide setback to
buildings and structures or riparian corridor buffer between the new
eastern property line adjacent to the Ashland Creek riparian corridor and
the single family homes and yards for units 68, and 25 -39 that is
delineated as common area in the application materials. The 10 -foot wide
setback to buildings or structures or riparian corridor shall be located and
sized as shown on plans S -1 dated June 8, 2007, S -4 dated June 8, 2007
and P -2 dated July 17 from the application.
19) Open Space Usability. [Planning Commission Condition]. The Final Plan
submittal shall address the usability, including community access, of the
open spaces. Usability shall be specifically addressed for the two small
open spaces in the town home area (550 sf and 700 sf), one small open
space in the cottage area (1,300 sf) and the one small open space
Ordinance No. Attachment 2Exhibit 13 Page 6 of 9
,4ttaehment4Exhibit B
adjacent to the alley 1,310 sf). Layout and landscaping of the open
spaces as well as any improvements such as play equipment shall be
detailed in the Final Plan submittals.
20) Parking Compliance: The Final Plan application shall include revised and
corrected on -street parking placement so that parking spaces are not
counted that are within 20 feet measured along the curb of any corner or
intersection of an alley or street in accordance with 18.92.025.D.
21) Sidewalk Construction. A sidewalk meeting the requirements of the
Ashland Street Standards shall be installed on the north side of Nevada St.
from the eastern project boundary to the intersection of Nevada S. to Oak
St. Sidewalk design shall be at the discretion of the Staff Advisor in order
to address site constraints such as grade and right -of -way width. These
sidewalk improvements shall be included in the preliminary street
improvement plan included with the Final Plan application.
22) Solar Ordinance Compliance. The Final Plan application shall demonstrate
all new structures comply with the Solar Setback A, or that each home
shall receive an equivalent certification by the project architects and
mechanical engineers that the shadow height on southern facing
exposures will not exceed that allowed under Solar Setback A in
accordance with Chapter 18.70 of the Ashland Land Use Ordinance.
Alternatively, the Final Plan application may seek a Variance to solar
setback requirements, if applicants can submit architectural and
engineering analysis supporting a variance.
23) Storm water Continuing Maintenance Obligation: The Owner, and
thereafter, the Association, (or the owners of units in the project in the
event the Association is dissolved), shall be responsible for permanent
maintenance of both on -site and off site storm water bio- engineered
swales and wetland systems. Specifically, the created wetland area and
storm water swale system to be constructed with the project and to be
located on property exchanged with the City shall remain the maintenance
obligation of the Owner, Association, its successors and assigns.
Maintenance shall be coordinated and approved by the City Public Works
Department and Building Division and shall be performed in accordance
with approved plans by licensed contractors, hired by the Association and
authorized by City Public Works to enter property for maintenance
purposes.
24) Sworn Statement. Prior to any land clearing, alteration, or physical
construction (other than survey work or environmental testing) on a site
Ordinance No. Attachment 2Exhibit 13 Page 7 of 9
0
Attachment 2Exhibit B
the property owner and developer, if any, shall execute a sworn
statement under penalty of perjury and false swearing, that
owner /developer has obtained all required Federal, State, and local
authorizations, permits and approvals for the proposed development,
including any proposed use, or alteration of the site, including also any
off -site improvements.
25) Tree Protection Compliance. The Final Plan application shall address
mitigation for the removal of the 25 -inch dbh Oak tree (tree 39 on Tree
Survey and Protection Plan, T -1, June 8, 2007). Mitigation shall meet the
requirements of Ashland Land Use Ordinance 18.61.084. A Verification
Permit in accordance with 18.61.042.8 shall be applied for and approved
by the Ashland Planning Division prior to removal of the approved Oak
tree(tree 39 on Tree Survey and Protection Plan, T -1, June 8, 2007) and
prior to site work, storage of materials and /or the issuance of an
excavation or building permit. The Verification Permit is to inspect the
tree to be removed and the installation of the tree protection fencing.
The tree protection for the trees to be preserved shall be installed
according to the approved Tree Protection Plan prior to site work or
storage of materials. Tree protection fencing shall be chain link fencing a
minimum of six feet tall and installed in accordance with 18.61.200.B.
26) Vision Clearance Compliance. The Final Plan application shall include
revised and corrected delineation of vision clearance areas at the
intersections of streets and alleys throughout the project in accordance
with 18.92.070.D. Structures, signs and vegetation in excess of two and
one -half feet in height shall not be placed in the vision clearance areas.
Building envelopes shall be modified accordingly on the Final Plan
submittals.
27) No Waiver. The failure of this Agreement to address a particular permit,
condition, term or restriction shall not relieve the Owner of the necessity
of complying with the law governing said permitting requirements,
conditions, terms or restrictions. Any matter or thing required to be done
pursuant to the requirements of the ordinances of the City of Ashland
shall not be amended, modified or waived unless such modification,
amendment or waiver is expressly provided for in this Agreement with
specific reference to the provisions so modified waived or amended.
28) Wetland Setbacks. A minimum of five feet shall be maintained between
the northern pavement edge of the multi -use path and the wetland. The
Final Plan application shall address the full width of the path improvement
including the base materials and methods to protect the wetland during
1 Ordinance No. Attachment 2Exhibit B Page 8 of 9
iI
AHaehttiext-2Exhibit B 1
construction (i.e. sediment fencing).
29) Zoning Compliance. The Final Plan application shall include demonstration
that the buildings in the R -1 -3.5 zoning district (cottages and town
homes) meet the required front yard for the R -1 -3.5 zoning district.
30)_Phasinnc That Phase I and Phase II refer to specific portions of the Formatted: No u idedd ne
develop and the applicants shall have the ability to construct Phase Fomatted: Font: Not Bold
II prior to Phase h or to construct both phases at the same time. If the
proiect is built in a single phase. 24 lots (50 percent of the total number
of lots in Phase I and Phase II) would need to meet the timetable for
Phase I. If the project is built in phases, whichever phase is constructed
first shall include: the construction of Almeda Drive from its current
terminus out to Heiman Street, and the construction of Perozzi Street
f formerly 'Canine Wavj from Almeda Drive to the Dog Park. Both streets
shall be completed according to the approved plans (including paving,
curbs, gutters sidewalks and parkrow planting strips with street trees on
both sides). in spect e d and approved prior to the construction of an
homes for either phase.
31) Multi -Use Path Nevada Street Sidewalk Timing. That the multi- Formatted: No underline, Font cows: Auto
use path and the sidewalk on Nevada Street, from Heiman Street to Oak Formatted: Font mwr: Auto
Street, shall be tied to the construction of Sander Way as part of Phase
II, rather than as a part of Phase I. A revised plan (rep /acing Sheet R -1
from December 1, 2008) shall be provided prior to pathway installation
illustrating the proposed pathway installation and the redefined limits of
the slope stabilization and associated re- vegetation and shall include the
planting of additional trees both inside and outside the pathway corridor
to be selected based on recommendations of Parks Department staff as to
the number, type and placement. The multi -use pathway improvements
shall be installed with Phase II of the development, but no later than five
years following completion of the first phase.
Ordinance No. Attachment 2Exhibit B Page 9 of 9
Exhibit C
REVISED EXHIBIT F
TIMETABLE OF DEVELOPMENT OUTLINE PLAN
PHYSICAL COMMENCEMENT AND COMPLETION
[ORS 94.504(4)]
This development will be constructed in phases as shown on Exhibit D to this Agreement. Phase
includes the R -1 -3.5 portion of the project, twenty four cottage units, along with one single family
lot. Phase 11 includes all other lots, the multi -use path, the sidewalk on the north side of Nevada, the
Riparian Corridor and Wetland area. Phase I and Phase 11 may be constructed in any order or at the
same time. If the project is constructed in two phases the completion of Almeda will be included in
the first phase. Each phase to be constructed, and the date which Final Plan and Site Review and
final plat approval of each phase must be obtained, are as follows:
Physical commencement of construction of any phase of development shall occur on or before
January 17, 2010.
j[Physical Commencement of Rice Park affordable housing project, a portion of Pfiase I,
commenced on June 1, 2009.
Completion of all infrastructure and vertical construction, except for single family units on
individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than
January 17, 2023.
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
I July 17, 2009* July 17, 2020 January 17, 2022
*[Final Plan Approval was obtained on 01 -06 -09 for Rice Park, a portion ofPhase
1]
*[Final Plan Approval was obtained on 01 -25 -09 for the remainder of Phase 1]
July 25, 2018$ Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to the first pPhase 4-elements no later than
specified.
:[Final Civil Plan Approval (construction authorization) for Rice
Park, a portion of Phase 1, was obtained on May 5, 2009.]
July 17, 2020. Complete extension of Almeda to
Nevada Street, completion of construction of "Canine
Way" access to Dog Park, including installation of
water, sanitary sewer, storm drainage power, gas,
Ordinance No. Attachment 3 Page 1 of 4
Exhibit C
telephone and all utilities.
July 17, 2020. Complete sidewalk on the north side
the intersection of Nevada and Oak Street.
July 17, 2020. Complete Restoration and
Enhancement of Riparian Corridor and Wetland
Auer
July 17, 2020. Complete construction of rnulti use
path and transfer decd to City of Ashland to
July 17, 2020. Complete construction of subdivision
infrastructure to the affordable housing site and
complete extension of all needed public facilities to
the affordable housing site. (to service 15 townhome
units).
July 17, 2020. Complete construction of
"subdivision" Infrastructure for the first pPhase. J{t4-
1 3.5 portion) of the project inclusive infrastructure
for one (1) single family lot, and infrastructure for
July 17, 2020. Phase 1. Deadline for final survey to
be signed after completion of subdivision
infrastructure and before start of vertical
construction for the first phase.
July 17, 201 I. j j Deadline to transfer property
title to Affordable Housing Tract to Rogue ;Valley
Community Development Corporation (RVCDC) or
other approved non -profit affordable housing
developer. Transfer shall occur prior to vertical
construction on any Phase of the project.
ft The Affordable Housing Tract was transferred to
RVCDC on December 09, 2008, upon approval of the
early conveyance by the City Council on October 07,
2009.
Ordinance No. Attachment 3 Page 2 of 4
Exhibit C
January 17, 2022. Vertical construction deadline for
all of the first phase or 24 units (50 percent of the
units in this project).
family units for affordable housing (town homes).
Phase Final Plan and Site Infrastructure Final Plat and Completion
Review Approval Completion of Vertical Construction
II July 17, 2020 July 17, 2022 January 17, 2023
January 17, 2022.$$ Final Civil Plan Approval (construction
authorization) and any associated construction permits must be
obtained and Contract for Installation and Maintenance of Plant
Materials with Security submitted and executed, and construction
commenced with respect to the second pl hase }I elements within 18
months of Final Plan Approval, no later than specified.
1
July 17, 2022. Complete construction of
"subdivision" Infrastructure for the second phase.
Phasc 11 (R 1 5 portion) of the project inclusive
infrastructure for three (3) single family lots on
Nevada Street, and infrastructure for twenty five (25)
single family lots, including Sander Way parkrow.
July 17, 2022. Phase II. Deadline for final survey to
be signed after completion of subdivision
infrastructure and before start of vertical
construction for the second phase.
January 17, 2023. Vertical
construction deadline for the
remainder of the units.
twenty five (25) single family
homes of which 19 are
July 17, 2022. Completion of Maintenance and
Security Period for cstoration and Enhancement of
Riparian Corridor and Wetland Arcas pursuant to
Contract for Installation of Plant Materials, Security
and Preserve Area Management Plan from Phase 1.
Failure to strictly comply with this timetable of development requires an amendment to this
Agreement and subjects the Owner to then current laws, including but not limited to engineering
Ordinance No. Attachment 3 Page 3 of 4
i
Exhibit C
construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer,
physical commencement and the 2023 completion deadline shall not be administratively extended.
After the construction termination date, no further development as authorized herein (except for
building permits for single family units on individual platted lots) shall be allowed on the subject
property unless such development is in compliance with applicable development regulations in
effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in
effect at the time the amendment is sought.
Failure of the timetable of development to list an element of the Project does not relieve or
excuse the Owner from the requirement to complete that element.
I I
Ordinance No. Attachment 3 Page 4 of 4
Exhibit D
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
December 18, 2007
IN THE MATTER OF AN ORDINANCE DECLARING THE APPROVAL OF THE
VERDE VILLAGE DEVELOPMENT AGREEMENT, INCLUDING A REAL
PROPERTY EXCHANGE AND APPROVAL OF PLANNING ACTION #2006 01663,
INCLUDING A REQUEST FOR ANNEXATION OF A TOTAL OF 1 1.64 -ACRE SITE
(IN THREE PARTS) LOCATED AT 87 W. NEVADA ST AND 811 HELMAN STREET
REQUEST FOR A COMPREHENSIVE PLAN MAP AND ZONING MAP CHANGE
JACKSON COUNTY ZONING RR -5 (RURAL RESIDENTIAL) TO R -1 (SINGLE-
FAMILY RESIDENTIAL) AND R -1 -3.5 (SUBURBAN RESIDENTIAL).
THE PROPOSAL INCLUDES A REQUEST FOR OUTLINE PLAN APPROVAL
UNDER THE PERFORMANCE STANDARDS OPTIONS CHAPTER 18.88 TO
DEVELOP THE PROPERTY AS A 68 -UNIT RESIDENTIAL DEVELOPMENT. )FINDINGS OF FACT,
EXCEPTIONS TO THE STREET STANDARDS ARE REQUESTED FOR )CONCLUSIONS OF LAW
NOT LOCATING A STREET ADJACENT TO NATURAL FEATURES AND )AND ORDER
TO USE A PRIVATE DRIVE TO ACCESS THE COTTAGES RATHER THAN
THE REQUIRED PUBLIC STREET. A PHYSICAL CONSTRAINTS REVIEW
PERMIT IS REQUESTED TO LOCATE A MULTI -USE PATH IN THE ASHLAND
CREEK RIPARIAN PRESERVATION AREA. A TREE REMOVAL PERMIT IS
REQUESTED TO REMOVE A 25 -INCH DIAMETER AT BREAST HEIGHT OAK
TREE. APPLICANT: Greg and Valri Williams
I. NATURE OF PROCEEDINGS
This matter comes before the City Council for the City of Ashland for a de novo hearing on a'request for
an Ordinance declaring the approval of a Development Agreement, land exchange and associated
planning actions as identified in PA #2006 01663.
Now, Therefore, the City Council of the City of Ashland makes the following Findings of Fact,
Conclusions of Law and Order.
II. FINDINGS OF FACT:
1) Tax lots 700, 800 and 900 of 39 lE 0411B and tax lots 800 and 1100 of 39 lE 04B are located at 87
W. Nevada St. and 811 Heiman St. Tax lot 200 of 39 lE 04BB is City of Ashland property and is
commonly referred to as the Dog Park. Tax lots 700 and 800 of 39 lE 04BB are located outside of the
Ashland city limits and are Jackson County zoning Rural Residential (RR -5). Tax lots 800 and 1100 of 39
lE 04B and tax lot 900 of 39 lE 04BB are partially located in the Ashland city limits. The portions of 39
lE 04B 800 and 1100 and tax lot 900 of 39 lE 04BB in the Ashland city limits are zoned Single Family
Residential (R -1 -5) and the portions of the same tax lots outside the Ashland city limits is Jackson County
zoning Rural Residential (RR -5).
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 1
1
l
Exhibit D
2) The applicant is requesting an Annexation for an t
PP q g 11.64 acre site located at 87 W. Nevada St. and 811
Heiman St. The application includes a request for a Comprehensive Plan Map and Zoning Map change
from Jackson County zoning RR -5 (Rural Residential) to City of Ashland zoning R -1 -3.5 (Suburban
Residential) and R -1 (Single Family Residential). The application includes a request for Outline Plan
approval for a 68 -unit residential development under the Performance Standards Options Chapter 18.88.
The application includes two requests for Exceptions to the Street Standards for not locating a street
adjacent to natural features and to use a private drive to access the cottages rather than the required public
street. A Physical Constraints Review Permit is requested to locate a multi -use path in the Ashland
Creek Riparian Preservation Area. A Tree Removal Permit is requested to remove a 25 -inch diameter at
breast height Oak tree. The application includes a request for a land exchange with the City of Ashland.
Site improvements are outlined on the plans on file at the Department of Community Development.
3) The criteria for an Annexation are described in 18.106.030 as follows:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in conformance with the designation
indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with
the annexation, is an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public
Works Department; the transport of sewage from the site to the waste water treatment
plant as determined by the Public Works Department; the provision of electricity to the
site as determined by the Electric Department; urban storm drainage as determined by the
Public Works Department can and will be provided to and through the subject property.
Unless the City has declared a moratorium based upon a shortage of water, sewer, or
electricity, it is recognized that adequate capacity exists system -wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject property. For
the purposes of this section "adequate transportation" for annexations consists of
vehicular, bicycle, pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully improved
collector or arterial street. All streets adjacent to the annexed area shall be
improved, at a minimum, to a half street standard with a minimum 20' driving
surface. The City may, after assessing the impact of the development, require the
full improvement of streets adjacent to the annexed area. All streets located within
annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the
City, provisions shall be made for the dedication and improvement of these streets
and included with the application for annexation.
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 2
Exhibit D
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and
will be constructed. Should the annexation be adjacent to an arterial street, bike
lanes shall be provided on or adjacent to the arterial street. Likely bicycle
destinations from the project site shall be determined and safe and accessible
bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can
and will be constructed. Full sidewalk improvements shall be provided on one
side adjacent to the annexation for all streets adjacent to the proposed annexed
area. Sidewalks shall be provided as required by ordinance on all streets within
the annexed area. Where the project site is within a quarter of a mile of an existing
sidewalk system, the sidewalks from the project site shall be constructed to extend
and connect to the existing system. Likely pedestrian destinations from the project
site shall be determined and the safe and accessible pedestrian facilities serving
those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the local
public transit provider, provisions shall be made for the construction of adequate
transit facilities, such as bus shelters and bus turn-out lanes. All required
transportation improvements shall be constructed and installed prior to the
issuance of a certificate of occupancy for any new structures on the annexed
property.
F. For all residential annexations, a plan shall be provided demonstrating that the
development of the entire property will ultimately occur at a minimum density of 90% of
the base density for the zone, unless reductions in the total number of units is necessary to
accommodate significant natural features, topography, access limitations, or similar
physical constraints. The owner or owners of the property shall sign an agreement, to be
recorded with the county clerk after approval of the annexation, ensuring that future
development will occur in accord with the minimum density indicated in the development
plan. For purposes of computing maximum density, portions of the annexed area
containing undevelopable areas such as wetlands, floodplain condor lands, or slopes
greater than 35 shall not be included.
G. For all annexations with a density or potential density of four residential units or greater
and involving residential zoned lands, or commercial, employment or industrial lands
with a Residential Overlay (R- Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below
120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below
100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below
80% of median income; or
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 3
Exhibit D
4. 15% of the base density to qualifying buyers or renters with incomes at or below
60% of median income; or
5. Title to a sufficient amount of buildable land for development is transferred to a
non -profit (IRC 501(3)(c)) affordable housing developer or comparable
Development Corporation for the purpose of complying with subsection 2 above.
The land shall be located within the project and all needed public facilities shall
be extended to the area or areas proposed for transfer. Ownership of the land shall
be transferred to the affordable housing developer or Development Corporation
prior to commencement of the project.
The total number of affordable units described in this section G shall be determined by rounding
down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument,
shall be used to guarantee compliance with affordable criteria for a period of not less than 60
years. Properties providing affordable units as part of the annexation process shall qualify for a
maximum density bonus of 25 percent.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less
than a five -year supply of vacant and redevelopable land in the proposed land use
classification within the current city limits. "Redevelopable land" means land
zoned for residential use on which development has already occurred but on
which, due to present or expected market forces, there exists the likelihood that
existing development will be converted to more intensive residential uses during
the planning period. The five- year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need 'projections
from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E -1 or C -1 under the Comprehensive Plan,
and that the applicant will obtain Site Review approval for an outright permitted
use, or special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary
sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary
sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary
sewer service extended, connected, and in use, and a signed "consent to
annexation" agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits.
4) The criteria for a Comprehensive Plan Map Change and Zone Change are described in
18.108.060.8 as follows:
Zone changes, zoning map amendments and comprehensive plan map changes subject to
the Type III procedure as described in subsection A of this section may be approved if in
compliance with the comprehensive plan and the application demonstrates that:
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 4
Exhibit D
a. The change implements a public need, other than the provision of',affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning or
Plan designation was proposed, necessitating the need to adjust to the changed
circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
d. Proposed increases in residential zoning density resulting from a change from one
zoning district to another zoning district, will provide one of the following:;
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non profit (IRC 501(3)(c)) affordable housing developer or
comparable Development Corporation for the purpose of complying with
subsection 2 above. The land shall be located within the project and all needed
public facilities shall be extended to the area or areas proposed for transfer.
Ownership of the land shall be transferred to the affordable housing developer
or Development Corporation prior to commencement of the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not negatively
impact the City of Ashland's commercial and industrial land supply as required in the
Comprehensive Plan, and will provide one of the following:
1. 35% of the base density to qualifying buyers or renters with incomes at or
below 120% of median income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or
below 100% of median income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or
below 80% of median income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or
below 60% of median income; or
5. Title to a sufficient amount of buildable land for development is
transferred to a non profit (IRC 501(3)(c)) affordable housing developer or
comparable Development Corporation for the purpose of complying with
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2005 -01663 Page 5
Exhibit D
subsection 2 above. The land shall be located within the project and all needed
public facilities shall be extended to the area or areas proposed for dedication.
Ownership of the land and/or air space shall be transferred to the affordable
housing developer or Development Corporation prior to commencement of the
project.
The total number of affordable units described in sections D orlE shall be
determined by rounding down fractional answers to the nearest whole unit. A
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not Tess than 60 years.
Sections D and E do not apply to council initiated actions.
5) The criteria for Outline Plan approval are described in 18.88.030.A.4 as follows:
The Planning Commission shall approve the outline plan when it finds the following criteria
have been met:
a. That the development meets all applicable ordinance requirements of the City of Ashland.
b. That adequate key City facilities can be provided including water, sewer, paved access to
and through the development, electricity, urban storm drainage, police and fire protection
and adequate transportation; and that the development will not cause a City, facility to
operate beyond capacity.
c. That the existing and natural features of the land; such as wetlands, floodplain corridors,
ponds, large trees, rock outcroppings, etc., have been identified in the plan of the
development and significant features have been included in the open space, common
areas, and unbuildable areas.
d. That the development of the land will not prevent adjacent land from being developed for
the uses shown in the Comprehensive Plan.
e. That there are adequate provisions for the maintenance of open space and common areas,
if required or provided, and that if developments are done in phases that the early phases
have the same or higher ratio of amenities as proposed in the entire project.
f. That the proposed density meets the base and bonus density standards established under
this Chapter.
g. The development complies with the Street Standards.
6) The criteria for an Exception to the Street Standards are described in 18.88.050.F as follows:
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 6
Exhibit D
An exception to the Street Standards is not subject to the Variance requirements of section
18.100 and may be granted with respect to the Street Standards in 18.88.050 if 'all of the
following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this chapter due
to a unique or unusual aspect of the site or proposed use of the site.
B. The variance will result in equal or superior transportation facilities and connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the Performance
Standards Options Chapter.
7) The criteria for a Physical Constraints Review Permit are described in 18.62.040.I as follows:
1. Through the application of the development standards of this chapter, the potential
impacts to the property and nearby areas have been considered, and adverse impacts have
been minimized.
2. That the applicant has considered the potential hazards that the development may create
and implemented measures to mitigate the potential hazards caused by the development.
3. That the applicant has taken all reasonable steps to reduce the adverse impact on the
environment. Irreversible actions shall be considered more seriously than reversible actions.
The Staff Advisor or Planning Commission shall consider the existing development of the
surrounding area, and the maximum permitted development permitted by the Land Use
Ordinance.
8) The criteria for a Tree Removal Permit are described in 18.61.080 as follows:
An applicant for a Tree Removal -Staff Permit shall demonstrate that the following criteria are
satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a
permit.
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the
applicant demonstrates that a tree is a hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that: it is likely
to fall and injure persons or property. A hazard tree may also include a tree that is located within
public rights of way and is causing damage to existing public or private facilities or services and
such facilities or services cannot be relocated or the damage alleviated. The applicant must
demonstrate that the condition or location of the tree presents a clear public safety ham ?rd or a
foreseeable danger of property damage to an existing structure and such hazard or danger cannot
reasonably be alleviated by treatment or pruning.
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 7
Exhibit D
2. The City may require the applicant to mitigate for the removal of each hazard tree; pursuant
to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a
hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent with
other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable
Site Design and Use Standards). The Staff Advisor may require the building footprint of the
development to be staked to allow for accurate verification of the permit application; and
2. Removal of the tree will not have a significant negative impact on erosion, soil stability,
flow of surface waters, protection of adjacent trees, or existing windbreaks; and
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200 feet of the subject property.
The City shall grant an exception to this criterion when altematives to the tree removal have been
considered and no reasonable altemative exists to allow the property to be used as permitted in
the zone. Nothing in this section shall require that the residential density be reduced below the
permitted density allowed by the zone. In making this determination, the City may consider
alternative site plans or placement of structures or alternate landscaping designs that would
lessen the impact on trees, so long as the alternatives continue to comply with other provisions of
the Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree granted approval
pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of the
permit.
9) The City Council, following proper public notice, held public hearings on November 6, 2007 and
November 20, 2007 at which time testimony was received and exhibits were presented. The City Council
approved the application subject to conditions pertaining to the appropriate development of the site.
Now, Therefore, the City Council of the City of Ashland makes the following Findings of Fact,
Conclusions of Law and Order.
III. FINDINGS APPLYING APPLICABLE CODE CRITERIA AND MINIMUM STANDARDS
FOR ELIGIBILITY FOR ANNEXATION
3.1 The City Council finds that it has received all information necessary to make a decision
based on the Staff Report, public hearing testimony and the exhibits received.
3.2 The City Council finds that the proposal to annex an 11.64 acre site located at 87 W.
Nevada St. and 811 Heiman St. meets all applicable criteria for an Annexation. The City Council
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Exhibit D
finds that the proposal to change the Ashland Comprehensive Plan Map from a Single Family
Residential designation to a Suburban Residential designation for the cottage and town home
portion of the development meets all applicable criteria for a Comprehensive Plan change. The
City Council finds the proposal to develop a 68 -unit single family residential subdivision meets all
applicable criteria for an Outline Plan approval described in the Performance Standards Options
Chapter 18.88. The City Council fords and that the proposed location the multi -use path adjacent to
the natural feature rather than a public street, and the proposed use of a private drive to access the
cottages rather than the required public street meet all applicable criteria for Exceptions to the Street
Standards. The City Council finds the request to locate a multi -use path in the Ashland Creek
Riparian Preservation Area meets all applicable criteria for a Physical Constraints Review
Permit. The City Council finds the request to remove a 25 -inch diameter at breast height Oak
tree meets all applicable criteria for a Tree Removal Permit.
3.3 The City Council finds that the proposal to annex 11.64 acres meets all applicable criteria for
an Annexation.
The site is comprised of five parcels and all of the parcels are located in the Ashland Urban Growth
Boundary. In addition, the land is currently contiguous with the present city limits. The west part
of the development is contiguous to the city limits on all sides. The east part of the development is
contiguous to the city limits on the west and south.
The Annexation approval criteria require the proposed zoning for the annexed area to be in
conformance with the designation indicated on the Comprehensive Plan Map. The entire site is
designated as Single Family Residential on the Ashland Comprehensive Plan Map. The proposal
includes a Comprehensive Plan Map Change for approximately 42 percent of the site, for the
cottage and town home portion of the development, to modify the Single Family Residential (R-
1) designation in the Ashland Comprehensive Plan Map to the Suburban Residential (R- 1 -3.5)
designation. The request for the Comprehensive Plan Map Change is discussed in the following
section. Therefore, the ability of the cottage and town home portion of the development to meet
this criterion is dependent on the approval of the Comprehensive Plan Map Change. The
remainder of the site, the single family portion of the development, would remain in the Single
Family designation. Therefore, the single family portion of the development is in conformance
with the Comprehensive Plan Map, and satisfies this Annexation criterion.
The proposed uses included in the Annexation are required to be allowed uses in the zoning
districts. Phase I, or the R -1 -3.5 portion of the project to the west of Almeda Dr. and Canine
Way includes single family and multi family dwellings. Single family and multi family
dwellings are permitted uses in the R -1.3.5 zoning district. Phase I1, or the R -1 -5 portion of the
project to the east of Almeda Dr. and Canine Way includes single family dwellings and duplexes.
Single- family dwellings, and duplexes on comer lots are permitted uses in the R -1 zoning
district.
Adequate city facilities to provide water to the site, to transport sewage from the site, to carry storm
drainage to and through the site and to provide electricity to the site are included in the preliminary
utility plan and utility power plan. Eight -inch water lines will be installed to serve the development
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Exhibit D
with connections to the existing system in Nevada and Almeda streets. Two existing 12 -inch and
18 -inch sanitary sewer lines run through the property and are retained in Almeda Dr. Eight -inch
lines will be installed in Sander Way,. Canine Way and the cottage driveway to serve the
development with connections to the existing lines. Storm drainage is directed to two locations.
The southwesterly area of the project is directed to the City's existing demonstration wetlands
located north of the project using standard underground pipes. The northeasterly are of the project
is directed and treated through a combination of a pipe system and a newly built system of swales
and sediment ponds to Ashland Creek. Electric utilities will run through the site from the existing
system across Nevada St. The utility power plan delineates the location of new lines, equipment
and street lights.
Adequate transportation can and will be provided to and through the subject property. A Traffic
Impact Study was prepared for the project and has been included with the application. The study
projects that the intersection of Heiman, Nevada and Almeda, and the intersection of Oak and
Nevada will continue to operate at acceptable levels with build out of the proposed project.
Outside of the Exceptions to the Street Standards requested in the application, the proposed streets
meet the requirements of the Street Standards. The new streets are connected to Nevada Street
which is a Neighborhood Collector. The Nevada St. frontage of the site will be improved with a
parkrow and sidewalk. Sidewalks will be installed on all of the new streets running ning through the
site. The new intersection of Helman St., Almeda Dr. and Nevada St. will be an important
pedestrian crossing point for residents of the development and for visitors of the Dog Park and Bear
Creek Greenway. Bicycle lanes are not required because none of the adjacent or new streets are
classified arterials. The application findings state that transit service is not planned to the site.
The Annexation approval criteria require that where the project site is within a quarter of a mile of
an existing sidewalk system, the sidewalks from the project site shall be constructed to extend and
connect to the existing system. The Oak St. sidewalk system is approximately 450 feet away or less
than 1 /10 of a mile away from the project boundary. Sidewalks are in place on Oak St. from Nevada
St. to the downtown. As also required by the Annexation approval criteria, the propo includes
the installation of a city standard parkrow and sidewalk on the Nevada St. frontage of the site. This
will result in a gap in the sidewalk network on the north side of Nevada St. from the project site to
Oak St. The City Council finds installation of the sidewalk on the north side of Nevada St. from
the site to Oak St. is required to meet the Annexation approval criteria.
The "Revisions to Area and Density Tables" submittal dated July 20, 2007 included in the
application includes a table demonstrating that the 90% density is achieved in each housing type
and for the project as a whole.
The application satisfies the annexation affordable housing requirement by providing title to a
sufficient amount of buildable land to a non -profit to develop 25% of the base density to buyers or
renters at or below 100% of median income (base density of 58 units .25 14.5 units). The
application includes 15 affordable housing units in a town home format in the northwest portion of
the site. The project description states that the land will be donated to Rogue Valley Community
Development Corporation (RVCDC) to develop as 15 affordable units for the range of 80 to 100
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Exhibit D
percent of median income.
The westem portion of the project is an island surrounded by lands within the city limits, and
therefore satisfies Section 18.106.030.11.6 of the Annexation approval standards. This part of the
annexation shall occur first and shall be reflected in an Ordinance approving the annexation and
withdrawal from the Fire District.
The eastem portion of the project must also meet one of the six standards in Section 18.106.030.H.
Currently, the eastern portion of the project is adjacent to and in the city limits on two sides, to the
south and west. The application states that Phase I of the project will be development of the
westem portion of the project and the dedication of the property adjacent to Ashland Creek to the
city for parks purposes. The second part of the annexation is an annexation of the dedicated City
property pursuant to ALUO 18.106.040, including annexation to the boundaries of Ashland Creek
as permitted by ORS 222. This annexation shall also be reflected in an Ordinance. Finally, as a
result of the land dedication and annexation of the approximately 2.78 acres of new City property
contiguous to the dog park and located along Ashland Creek in Phase I, the eastern portion of the
property will be an island completely surrounded by lands within the city limits, and therefore
"through the imposition of conditions authorized by ALUO 18.106.030 (concerning timing) also
complies with ALUO 18.106.030.H.6. This part of the annexation shall occur third and shall be
reflected in an Ordinance approving the annexation and withdrawal from the Fire District.
3.4 The City Council fords that the request for an Ashland Comprehensive Plan Map change
from a Single Family Residential designation to a Suburban Residential designation for the cottage
and town home portion of the development meets all applicable criteria for a Comprehensive Plan
Map change.
The application includes a request for a Comprehensive Plan Map Change for approximately
4.35 acres or 42 percent of the site to modify the Single Family Residential (R -1) designation in
the Ashland Comprehensive Plan Map to the Suburban Residential (R- 1 -3.5) designation. The
location of the Comprehensive Plan Map Change is for Phase I, or the cottage and town home
portion of the project to the west of Almeda Dr. and Canine Way. The remainder of the site
would remain in the Single Family designation.
The approval criteria for a Comprehensive Plan Map Change require that the proposed change
meet one of five factors and be in compliance with the Comprehensive Plan. The City Council
finds that the change to the Suburban Residential Family designation for Phase I of the project
(i.e. cottages and town homes) enables a minimum of 53 of the 68 units in the development to be
constructed at an energy and water conserving performance standard. Additionally, the
Suburban- Residential designation and subsequent R -1 -3.5 zoning allows flexibility with the
housing types and site design that is well suited for the cottage and town home areas of the
development. The cottage and town homes include attached dwellings that are grouped in
clusters around open space. The flexibility in building placement and site design allows all of the
proposed buildings to be located on an east -west axis for a true South building orientation so that
the optimum solar efficiency is gained for both solar collection devices and for passive solar
gain. Finally, the total number of units in the proposed development is comparable to,the site
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Exhibit D
being developed as a Single Family Residential development with R -1 -5 zoning and the density
bonuses permitted in Chapter 18.88 Performance Standard Options. For example, a project could
be developed under the R -1 -5 zoning and used a density bonus for conservation housing and
affordable housing. In this case, the base density of the subject properties developed at a R -1 -5
density is 46.67 units (10.37 Ac 4.5 du/ac 46.67 units). A 40% density bonus with a 15%
density bonus for conservation housing and a 25% bonus for affordable housing would!allow 65
units (46.67 units 1.40 65.34 units). In comparison, the proposed number of units in the
development is 68 units.
The energy and water conservation housing provided by the development will address a public
need for energy and water conservation in new homes that is supported by the Ashland
Comprehensive Plan. The Ashland Comprehensive Plan includes the following goals and
policies concerning energy and water conservation in Chapter XI: Energy.
The City shall strive, in every appropriate way, to reduce energy consumption within the
community. Water conservation and air quality enhancement should also be promoted.
Programs should emphasize greater efficiency in end use, rather than sacrifices in living
standards. In general, policies that effect change through a combination of economic
incentives and public education shall be considered more appropriate than policies
involving strict legal requirements or mandates. The City shall give due attention to
energy and resource conservation and air quality enhancement in all planning actions
and all city activities.
Policy 3) New Housing
C) New homes and apartments are being built which do not utilize the latest
technological advances in water consuming devices. The City shall use any legal means
to insure that only water conserving equipment be installed in new construction. This
should be done to accommodate growth with lesser incremental water demand and also
to eliminate the need to return to these homes later to retrofit them with water conserving
devices.
D) Passive solar design and sun tempering are very cost effective in new home
construction. They shall be encourage in new housing development and individual
houses.
E) The City shall address overall energy usage of new developments instead ofjust
looking at houses on an individual bases. Areas to be considered could be transportation
energy, recycling, composting, communal gardens, water usage and solar access
protection.
G) Appliance efficiency shall be encouraged in new housing. This could be done
through existing programs (Le. Super Good Cents), by codes, by education or by
incentive programs (Le. density bonuses). Also of these options shall be considered in
trying to achieve this goal.
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Exhibit D
Policy 8) Future Considerations
B) The future will be quite dynamic and volatile in the energy arena. The City needs to
actively keep abreast of new advances in technology and embrace and encourage ones
which can benefit water conservation, air quality, energy conservation or production.
The City Council finds that the energy and water conservation performance standard as outline in
Exhibit K -3 of Book III: Narrative, July 8, 2007, states that the units in the development will be
designed to use 50% less energy than a typical code compliant home. Energy efficiency features
included in the project performance standardare solar orientation, roofs designed for solar hot
water collection systems, passive solar heating, integrated thermal mass, high efficiency heat
source, improved thermal envelope (insulation), heat recovery ventilation, fluorescent or compact
fluorescent lighting, energy efficient appliances, photovoltaic electric systems and night flush
cooling. In addition, the goal of the development is to use approximately 50% less potable water
than a typical code compliant development. Water efficiency features included in the project
performance standard are water efficient toilets, showerheads and faucets, rainwater capture,
water and energy efficient washers, drought resistant plantings and water efficient irrigation.
In regards to transportation facilities and amendments to an acknowledged comprehensive plan,
Oregon Administrative Rule (OAR) 660- 012 -00060 requires local governments to address
amendments that would "significantly affect an existing or planned transportation facility." The
original proposal was reviewed by the Oregon Department of Transportation (ODOT) in
November 2006 and they commented that "ODOT Development Review is generally satisfied no
adverse impacts to state facilities will occur as a result of the proposed land use amendments"
(see page 494 of the record). The revised proposal was reviewed by ODOT in October 2007 and
they had no comment (see page 17 of the record).
The City Council finds the proposed Ashland Comprehensive Plan Map change from a Single
Family Residential designation to a Suburban Residential designation for the cottage andlown
home portion of the development will not significantly affect an existing or planned transportation
facility as defined in OAR 660 -12- 0060(1). As stated earlier, the total number of units in the
proposed development is comparable to the site being developed under the current
Comprehensive Plan designation of Single Family Residential. Chapter 18.88 Performance
Standards Options permits density bonuses for conservation housing, common open space, major
recreational facilities and affordable housing. Using the density bonus provision, the subject
property could be developed at a density close to the proposed 68 units under the current Single
Family Residential designation. In this case, the base density of the subject properties developed
at a R -1 -5 density is 46.67 units (10.37 Ac 4.5 du/ac 46.67 units). A 40% density bonus with
a 15% density bonus for conservation housing and a 25% bonus for affordable housing would
allow 65 units (46.67 units 1.40 65.34 units). As a result, three additional units result from
the Comprehensive Plan Map change from the current Single- Family Residential designation to
the proposed Suburban Residential Designation. Three units generate an average of thirty motor
vehicle trips per day according to the ITE, Trip Generation Model, 7 addition. Thirty additional
trips will not significantly affect the surrounding street network including Nevada St., Heiman St.
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Exhibit D
and Oak St.
The following discussion addresses the requirements of OAR 660 -12- 0060(1) and the OAR text is
in italics.
(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land
use regulation would significantly affect an existing or planned transportation facility, the local
government shall put in place measures as provided in section (2) of this rule to assure that
allowed land uses are consistent with the identified function, capacity, and performance
standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use
regulation amendment significantly affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
According to the Traffic Impact Study submitted with the application, the proposed development
will generate 730 trips per day. While the Comprehensive Plan Map change results in a few
more residential units as compared to development of the subject site under the current
Comprehensive Plan Map designation, even considering the total traffic impact from the
proposed development does not change the functional classification of the street network in the
vicinity including Nevada St., Heiman St. and Oak St.
The streets most likely to be impacted by motor vehicle traffic generated by the development are
Nevada St., Heiman St., and Oak St. Nevada St is identified in a Neighborhood Collector, and
Heiman St. and Oak St. are identified as Avenues in the Ashland Transportation System Plan.
The Transportation Element of the Ashland Comprehensive Plan, the Ashland Transportation
System Plan and the Ashland Street Standards provide street classification guidelines. The
function of a Neighborhood Collector such as Nevada St. is to distribute traffic from Boulevards
or Avenues to neighborhood streets and vice versa, and the average traffic volumes of a
Neighborhood Collector is 1,500 to 5,000 motor vehicle trips per day. The function of an
Avenue such as Heiman St. and Oak St. is to provide concentrated pedestrian, bicycle and motor
vehicle access from Boulevards to neighborhoods and neighborhood activity centers and vice
versa, and the average traffic volumes of an Avenue is 3,000 to 10,000 motor vehicle trips per
day.
Traffic counts for Nevada St. are approximately 1,400 trips per day (2002), Helman St. are
approximately 1,450 trips per day (2004) and for Oak St. are approximately 3,500 trips per day
(2004). The Traffic Impact Study included in the application projects that approximately 47% of
the peak PM hour traffic will use Helman St., 38% will go west on Nevada towards Oak St. and
15% of the traffic will go east on Nevada. All of the trips generated by the proposed by the
development could be added to Nevada St., Heiman St. or Oak St., and all of the streets would be
well within the range of average traffic volumes identified in the Ashland street classification
guidelines. Additionally, Nevada St. will continue to function as a Neighborhood Collector
distributing traffic from the adjacent neighborhoods to the larger Avenue streets in the
neighborhood including Helman St. and Oak St. Helman St. and Oak St. will continue to operate
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Exhibit D
as Avenue streets taking traffic to the Boulevards in the city limits such as N. Main St.; Lithia
Way and E. Main St.
(b) Change standards implementing a functional classification system; or
The proposed Comprehensive Plan Map change does not include a modification of the Ashland
street classification guidelines.
(c) As measured at the end of the planning period identified in the adopted transportation system
plan:
(A) Allow land uses or levels of development that would result in types or levels of travel or
access that are inconsistent with the fractional classification of an existing or planned
transportation facility;
The Comprehensive Plan Map change results in the addition of a few more residential units as
compared to development of the subject site under the current Comprehensive Plan Map
designation. The approximately 30 additional motor vehicle trips resulting from three additional
units allowed by the Comprehensive Plan Map change will be the type of travel and level of
travel that is consistent with the functional classification of the surrounding street network
including Nevada St., Heiman St. and Oak St.
(B) Reduce the performance of an existing or planned transportation facility below the minimum
acceptable performance standard identified in the TSP or comprehensive plan; or
The Ashland Transportation System Plan identifies the minimum acceptable performance
standard for intersections as a LOS D. The Traffic Impact Study included in the application
projects of LOS B for the intersections of Helman St. /Almeda Dr./Nevada St. and of Nevada St.
and Oak St. in 2010 with build out of the project and incorporating an annual average traffic
growth rate.
(C) Worsen the performance of an existing or planned transportation facility that is otherwise
projected to perform below the minimum acceptable performance standard identified in the 7SP
or comprehensive plan.
The Ashland Transportation System Plan does not identify existing or planned transportation
facilities in the vicinity that will have insufficient capacity at the end of the 20 -year planning
period of 2017.
3.5 The City Council finds the proposal to develop a 68 -unit single family residential
subdivision meets all applicable criteria for an Outline Plan approval described in the Performance
Standards Options Chapter 18.88.
The site is the located at a northernmost section of the Ashland Urban Growth Boundary and
there are no other undeveloped parcels located in the immediate vicinity. Therefore, the
development of the subject site will not prevent adjacent land from being developed for the uses
in the Comprehensive Plan.
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Exhibit D
Adequate key city facilities and utilities are available and can be provided, and were discussed
previously under the Annexation section. Outside of the Exceptions to the Street Standards
requested in the application, the proposed streets meet the requirements of the Street Standards.
A multi -use path for pedestrians and bicyclists is proposed in the Ashland Creek riparian corridor
connecting Nevada St. to the north end of Canine Way. The proposed multi -use path weaves
above and below the biologically determined riparian zone and the top of the uppermost slope
grade break. A second multi -use path is proposed between units 64 and 65 in the northwest
corner of the project. The path would connect Almeda Dr. directly to the Bear Creek Greenway
path connection. The subject section of Ashland Creek Corridor is identified for open space in
the Long Term Plan on the Parks, Trails and Open Space Program fro 2002 -2012. Additionally,
the connection from Almeda Dr. to the Bear Creek Greenway path is also identified as a
proposed greenway connection on the Parks, Trail and Open Space Program for 2002 -2012.
A total of 127 off street parking spaces and 68 on- street parking spaces are required for the
proposed development of 68 units. The proposal meets the parking requirements. There are 114
off street parking spaces proposed in a combination of garages and surface parking areas. The
remaining required 13 off street parking spaces are satisfied by 17 on- street spaces which is the
equivalent to 13 off street parking credits. There are 85 on- street spaces available which results in
the 17 on- street spaces that can be used towards the off street parking credits.
The proposed density of 68 units meets the base and bonus density standards of the Performance
Standards Options Chapter 18.88. The base density of the property is 58.15 units. The project
qualifies for a density bonus of 22% for the 15 affordable housing units that are provided (15
affordable units/68 units .22). Therefore the permitted density with the affordable housing
density bonus is 70 units (58.15 units 1.22 70.94 units).
With one exception, the proposed building setbacks meet the requirements of the Performance
Standards Options Chapter 18.88. The front yards of the R -1 -5 portion of the development
meet the required 15 feet to the building and 20 feet to garages, and the setbacks along the
perimeter of the development meet the required side and rear yards. The front yards of the R -1-
3.5 portion of the development (cottages and town homes) do not meet the front yard
requirements along Almeda Dr. and Canine Way. Fifteen feet is shown and 20 feet is required
for front yards in the R -1 -3.5 zoning district. As a result, a condition has been added that the
buildings delineated in the Final Plan meet the required front yard for the R -1 -3.5 zoning district.
The heights of the proposed buildings and minimum width between buildings appear to be met,
and will be verified at the Final Plan and building permit submittals. It is not clear the
application if the proposed units meet the Solar Setback requirements of Chapter 18.68 as is
required in the Performance Standards Options Chapter 18.88.070.E. A condition has been
added requiring the Final Plan application address the Solar Setback requirements.
The entire subdivision is required to provide a minimum of five percent of the lot area in open
space for Outline Plan approval under the Performance Standards Options. A total of 21,688
square feet is required in open space, and the proposal includes 25, 230 square feet identified as
common open space areas. With the exception of the four standard single family lots in the
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Exhibit D
subdivision, the units also have a private yard space identified for each unit. Since the common
open space provides an additional 3,542 square feet in open space beyond the requirements, the
application meets the open space acreage requirements.
The Outline Plan approval criteria require that there are adequate provisions for the maintenance of
open space and common areas, and that if the development is done in phases that the early phases
have the same or higher ratio of amenities as proposed in the entire project. The application
findings state that the development will be done as three separate entities for the cottages, town
homes and single family /duplex groups. The proposal is to have a Planned Unit Development for
each of the three groups and provide CC &R's detailing specific maintenance responsibilities for
each community. Phase I will include the development of the cottages and town homes.
Approximately 55% of the open space is included in Phase I. Therefore, the same or higher ratio
of common open space would occur in the first phase of the project than in Phase II, and the
approval criterion is satisfied.
The City Council finds the significant natural features of the site are the wetland in the northem
portion of the site, two trees located outside of the riparian corridor, the Ashland Creek floodplain
corridor and Ashland Creek riparian corridor. Three of the significant natural features the
wetland, floodplain corridor and riparian corridor are located in a separate parcel that is proposed
to be dedicated to the city for parks purposes as part of the land exchange. As a result, the City
Council finds the wetland, floodplain corridor and riparian corridor are included in open space that
is an unbuildable area. The two significant trees are a 19 -inch diameter at breast height (dbh)
Oregon Ash (tree 20 on the Tree Survey and Protection Plan, T -1, June 8, 2007) and a 39 -inch dbh
California Black Oak (tree 21 on T -1). The two significant trees are located near units 28 and 31.
The City Council finds the trees are included in the common area of the subdivision, and the
common are is unbuildable.
3.6 The City Council finds and that the proposed location of the multi -use path adjacent to the
natural feature rather than a public street, and the proposed use of a private drive to access the
cottages rather than the required public street meet all applicable criteria for an Exception to the
Street Standards.
An Exception to the Street Standards is requested to locate a multi -use path in the Ashland Creek
riparian corridor rather than locating a street adjacent to natural features as is required. The
proposed multi -use path weaves above and below the biologically determined riparian zone and the
uppermost top of the slope grade break.
The Preserving Natural Features of the Street Standards is as follows.
"Streets shall be located in a manner which preserves natural features to the greatest extent
feasible. Whenever possible, street alignments shall follow natural contours and features so
that visual and physical access to the natural feature is possible. Streets shall be situated
between natural features, such as creeks, mature trees, drainages, open spaces and individual
parcels in order to appropriately incorporate such significant neighborhood features."
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Exhibit D
The City Council finds there are several unusual aspects of the site that make it difficult to locate
a street adjacent to Ashland Creek. First, there are two existing main sanitary sewer lines that
bisect the site (see Exhibit E -E, Preliminary Utility Plan). The application includes a
Geotechnical Investigation (see Appendix D, Geotechnical Investigation) which identifies
"relatively hard bedrock" comprised of sedimentary rock including siltstone, sandstone and
conglomerate at shallow depths throughout the site. As a result, the application identifies the
relocation of the main sanitary sewer lines as impractical. The new main street into the
development from Nevada St., Almeda Dr., is located over the existing main sanitary sewer lines
so the lines can be accessed and do not have to be moved. The second unusual aspect of the site
is the location of Ashland Creek is approximately 200 feet east of the existing intersection of
Heiman St. and Nevada St. The project traffic engineer recommended that the main access to the
site be located opposite of the Heiman St. and Nevada St. intersection. Locating a secondary
street access to the development from Nevada St. and adjacent to Ashland Creek poses safety
issues in terms of the close proximity to the Heiman St., Nevada St. and Almeda Dr. intersection.
The final unusual aspect of the site is the relatively narrow area from the new Almeda Dr. to
Ashland Creek. The City Council agrees the existing sanitary sewer lines, the need to align the
new street with the existing intersection of Nevada and Heiman streets and the narrowness of the
area from the new Almeda Dr. to Ashland Creek are significant constraints in the development of
the new street network that create a demonstrable difficulty in meeting the Street Standard on
Preserving Natural Features.
The City Council finds that the multi -use path achieves a similar buffering effect as a street to the
Ashland Creek riparian corridor. The multi -use path will provide visual and physical access to
the riparian corridor. Although the multi -use path is largely located in the riparian corridor, it is
situated at the western edge of the corridor, and will be located between the individual parcels
and the riparian zone. The City Council finds that the multi -use path is an equally valuable
transportation facility as compared to a city street because it provides a connection to the existing
Bear Creek Greenway, thereby increasing the reach of this pedestrian and bicycle off -road
transportation system. The City Council finds that by providing a transportation facility in the
form of a multi -use path that the proposed exception is the minimum variance necessary to
address the site constraints. The City Council finds that Exception to the Street Standards to use
the proposed multi -use path rather than a public street to protect and provide access to the
Ashland Creek riparian corridor uses the natural features of the landscape to the greatest
advantage and will improve the quality of life of the residents of the development as outlined in
the Purpose and Intent of Chapter 18.88 Performance Standards Options.
An Exception to the Street Standards is requested to use a private drive to access the 24 cottages
rather than the required public street. The proposed private drive is a looped system that is
approximately 300 feet in length and is connected at both ends to Almeda Dr. The proposed private
.drive is 20 feet in width, includes 26 head -in parking spaces and has a sidewalk system adjacent to
the curb. In contrast, a public street would be required to be 22 feet in width with parkrows and
sidewalks on both sides. Additionally, a 22 -feet wide public street would allow parallel parking on
one side of the street.
The City Council finds there is demonstrable difficulty in providing a public street and the
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 18
Exhibit D
required off street parking given the geographic layout of the corner of the property that is
proposed for the cottages. A public street does not allow head-in parking adjacent to the street,
and the proposal is to allow 26 head -in parking spaces adjacent to the private drive. In addition,
by consolidating most of the cottage parking adjacent to the private drive, it allows more of the
land area to be used as open space for the cottages rather than to be used for surface parking. In
addition, fewer parallel parking spaces would fit on one side of the public street of the length
proposed compared to the number of spaces that can be achieved with head -in parking.
Residents and visitors will have no reason to travel on this short drive other than to visit the
cottage development. As a result, motor vehicles, bicyclists and pedestrians traveling through the
development will use Almeda Dr. In terms of sidewalks, pedestrians will have little reason to
travel on the cottage drive unless visiting one of the cottages because Almeda Dr. provides a
more direct route for moving through the neighborhood. The City Council concurs that a private
street is a better fit for the cottage development than a public street because the cottages will
function as a multi family development with a shared surface parking area that is accessed by a
driveway.
The City Council finds that Exception to the Street Standards to use a private drive to access
the 24 cottages rather than the required public street will provide for more efficient land use as
outlined in the Purpose and Intent of Chapter 18.88 Performance Standards Options.
3.7 The City Council finds the request to locate a multi-use path in the Ashland Creek Riparian
Preservation Area meets all applicable criteria for a Physical Constraints Review Permit with the
attached conditions of approval. The applicants propose to construct a multi-use path located in the
Ashland Creek riparian corridor that would connect Nevada St. to the Bear Creek Greenway
connection located in the Dog Park. The proposed multi-use path weaves above and below the
biologically determined riparian zone and the uppermost top of the slope grade break. The multi-
use path itself and the disturbance created by the construction is located largely inside of the
biologically determined riparian zone.
The City Council finds that the multi -use path in the Ashland Creek riparian corridor itself is a
benefit to the general community and that there should be a balance of the environmental resource
protection issues and the parks and open space issues.
The City Council fords that the multi -use path is located along the upper edge of the riparian
corridor in an effort to minimize adverse impacts to Ashland Creek and in an effort to retain the
general topography of the riparian corridor. The proposed multi-use path, is except for the first
50 feet, is located outside of the 100 -year flood plain for Ashland Creek. The section of path in
the flood plain is at grade and will not create a potential flooding hazard.
The City Council finds the applicant has not addressed the reasonable steps necessary to reduce
the adverse impact on the Ashland Creek riparian corridor including the irreversible actions
caused by the construction of the multi -use path in the riparian corridor. A mitigation plan is
required as a condition of approval at the Final Plan application. The mitigation plan requires an
assessment of the Ashland Creek riparian corridor functions, an assessment of the impact of the
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 19
Exhibit D
path construction on the resource functions and mitigation measures to offset those adverse
impacts.
3.8 The City Council finds the request to remove a 25 -inch diameter at breast height Oak tree
meets all applicable criteria for a Tree Removal Permit.
One of the eight trees identified for removal requires a Tree Removal Permit due to the size of
the tree being 18 inches diameter at breast height or greater. A Tree Removal Permit is requested
to remove a 25 -inch diameter at breast height Oak tree (tree 39, Tree Survey and Protection Plan,
T -1, June 8, 2007). The tree is an Oregon White Oak and located between. proposed units 33 and
34.
The Oregon White Oak identified for removal is described as stressed because of heavy
infestation of mistletoe and as having numerous dead limbs through the crown. Additionally, the
arborist predicts that the disruption to the root system due to nearby structures would cause
further decline in the tree. The Tree Commission reviewed the proposed tree removal in
November 2006, and recommended approval of the plan.
3.9 The proposal includes a real property exchange with the City of Ashland. The proposal is
to exchange approximately 2.78 acres adjacent to Ashland Creek to the City for parks purposes in
exchange for approximately 1.54 acres of the City Dog Park in the area of the access and to the
south of the existing parking area. The Land Exchange is addressed in separate findings
attached to the Ordinance approving the Development Agreement.
IV. ORDER
In sum, the City Council concludes that the requested Ordinance declaring the approval of a Development
Agreement and all associated planning actions contained in Planning Action 2006 01663, including the
Development Agreement, Annexation, (in three parts), Comprehensive Plan Map and Zoning Map change from
Jackson County zoning RR -5 (Rural Residential) to City of Ashland zoning R -1 -3.5 (Suburban Residential) and R-
1 (Single Family Residential), request for Outline Plan approval for a 68 -unit residential development under the
Performance Standards Options Chapter 18.88, requests for Exception to the Street Standards for not locating a
street adjacent to natural features and to use a private drive to access the cottages rather than the required public
street, request for a Physical Constraints Review Permit to locate a multi -use path in the Ashland Creek Riparian
Preservation Area, and request for a Tree Removal Permit to remove a 25 -inch diameter at breast height Oak
tree are consistent with or comply with applicable criterion and minimum standards in the City's comprehensive
Plan and applicable land development code, including minimum requirements for annexation eligibility, and are
supported by evidence contained within the whole record
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the
whole record, the City Council hereby declares approval of the Development Agreement and APPROVES
Planning Action #2006 -01663 subject to strict compliance with the conditions of approval, set forth herein as
well as those requirements conditions and restrictions set forth in the accompanying Verde Village Development
Agreement and Land Exchange Order. Further, if any one or more of the conditions below are found to be
invalid, for any reason whatsoever, then Planning Action #2006 -01663 is denied. .The following are the conditions
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 20
Exhibit D
and they are attached to the approval:
1) That all proposals of the applicant are conditions of approval unless otherwise modified here.
2) That Site Review approval shall be obtained for the cottages, town homes and duplexes prior to
any site work, issuance of an excavation permit or issuance of a building permit.
3) That the applicants shall execute a document as consistent with ALUO 18.68.150 agreeing to
participate in their fair share costs associated with a future Local Improvement District for
improvements to Heiman Street and to not remonstrate against such District prior to signature of
the final subdivision survey plat. Nothing in this condition is intended to prohibit an
owner /developer, their successors or assigns from exercising their rights to freedom of speech
and expression by orally objecting or participating in the LID hearing or to take advantage of any
protection afforded any party by city ordinances and resolutions.
4) That all easement for sewer, water, electric and streets shall be indicated on the Final Plan
application as required by the City of Ashland.
5) The Final Plan application shall identify the sanitary sewer pressure line easement, and buildings
shall not be located in the easement.
6) That the preliminary engineering for utility improvements shall be submitted with the Final Plan
application. The utility plan shall include the location of connections to all public facilities in
and adjacent to the development, including the locations of water lines and meter sizes, fire
hydrants, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch
basins. Any required private or public utility easements shall be delineated on the utility plan.
7) That the preliminary engineering for storm drainage collection and treatment shall be submitted
with the Final Plan application. The permanent maintenance of on and off site storm water bio-
engineered swales and wetland systems must be addressed through the obligations of the
homeowners' association and approved by the Public Works Department and Building Division.
8) That the applicants shall submit an electric distribution plan with the Final Plan application
including load calculations and locations of all primary and secondary services including
transformers, cabinets, meters and all other necessary equipment. This plan shall be reviewed
and approved by the Electric Department prior to submission of the Final Plan application.
Transformers and cabinets shall be located in areas least visible from streets, while considering
the access needs of the Electric Department.
9) That the required pedestrian- scaled streetlight shall consist of the City of Ashland's residential
streetlight standard, and shall be included in the utility plan and engineered construction
drawings for the street improvements.
10) The preliminary engineering for proposed street improvements shall be provided at Final Plan
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 21
Exhibit D
application. Street improvements shall be consistent with City of Ashland Street Standards. The
sidewalk improvement on Nevada St. shall be a minimum of six feet in width in accordance with
the Ashland Street Standards.
11) The preliminary engineering for the Final Plan application shall address the treatment of the
pedestrian crossing at the new intersection of Heiman St., Almeda Dr. and Nevada St. Pedestrian
safety and refugee shall be addressed in the intersection design.
12) The Final Plan application shall include revised on -street parking placement so that parking spaces
are not counted that are within 20 feet measured along the curb of any corner or intersection of an
alley or street in accordance with 18.92.025.D.
13) The preliminary engineering shall include details for the multi -use path improvements. The
multi -use paths shall be paved with concrete, asphalt or a comparable all- weather surfacing.
Two to four foot wide gravel or planted strips are required on both sides of the multi -use paths in
accordance with the Ashland Street Standards. Fencing or retaining walls shall be located two to
four feet from the improved edges of the path to provide clear distance on both sides of the path
for safe operation. The clear distance areas shall be graded to the same slope as the improved
path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be
limited to gravel or landscape materials, and vegetation in excess of six inches in height shall not
be placed in the clear distance areas.
14) The preliminary engineering shall address the transition from Almeda Dr. to the multi -use path,
from Canine Way to the multi -use path and from Nevada St. to the multi -use path. Specifically,
the preliminary engineering shall address bicycle access from the street grade and provide
sufficient turning radius for bicycle navigation.
15) The Final Plan application shall include a mitigation plan prepared by a riparian biologist or a
natural resource professional with training and experience in biology, ecology or related fields for
the impact of the construction of the multi-use path in the riparian corridor and to address the 10-
foot wide riparian corridor butler. The riparian corridor buffer is the setback between the new
eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes
and yards for units 68, and 25 -39, and is delineated as common area in the application materials.
Disturbed areas from the multi -use path construction shall be re- vegetated and an additional area
restored and enhanced with local source native plant material including ground cover, shrubs and
trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute netting, or
comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not
be limited to a statement of objectives, measurable standards of mitigation, an assessment of
riparian corridor functions and values, a statement and detail plan of the location, elevation and
hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan,
a contingency plan and performance guarantees. The applicants shall install the mitigation
measures in the approved mitigation plan in conjunction with the multi-use path installation.
16) That the multi -use paths shall be constructed by the applicants as part of the required subdivision
improvements.
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 22
Exhibit D
17) That the Final Plan application shall demonstrate that the driveway curb cuts for units 45 and 46
are spaced at least 24 -feet apart as measured between the outside edges of the apron wings of the
driveway approaches in accordance with the Ashland Street Standards.
18) That the Final Plan application shall delineate vision clearance areas at the intersections of streets
and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and
vegetation in excess of two and one -half feet in height shall not be placed in the vision clearance
areas. Building envelopes shall be modified accordingly on the Final Plan submittals.
19) That the street names shall be reviewed and approved by Ashland Engineering for compliance
with the City's resolution for street naming prior to submission of the Final Plan application.
20) That a size and species specific landscaping plan for the parkrows, common areas and open
spaces shall be provided at the time of the Final Plan application.
21) That a draft copy of the CC &R's for the homeowners association(s) shall be provided at the time
of Final Plan application. Lots 65 68 shall be included in a homeowners association and subject
to all subdivision requirements. CC &R's shall describe responsibility for the maintenance of all
common area and open space improvements, parkrows and street trees. CC &R's shall provide
reciprocal easements for residents of the various homeowners associations (i.e. cottages, town
homes and single family residential) to access and use all of the project open spaces. CC &R's
shall note that any deviation from the Tree Protection Plan must receive written approval from
the City of Ashland Planning Department. That the CC &R's identify the units are which are
subject to the City's Affordable Housing requirements and terms of affordability.
22) That the Final Plan application shall include lot coverage calculations in square footage and
percentage for each development area (i.e. cottages, town homes and single family /duplex areas).
Any area other than landscaping such as structures, driveways, patios and pervious paving that does
not allow normal water infiltration shall be included as lot coverage.
23) The buildings in the R -1 -3.5 zoning district (cottages and town homes) shall meet the required
front yard for the R -1 -3.5 zoning district in the Final Plan application.
24) The width between buildings requirement of 18.88.070.D shall be met and identified in the Final
Plan application.
25) That the Final Plan application shall demonstrate all new structures comply with the Solar
Setback A, or that each home shall receive an equivalent certification by the project architects
and mechanical engineers that the shadow height on southern facing exposures will not exceed
that allowed under Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use
Ordinance.
•.1 •1 1
traits, .shall •l met tit, appInatiuzi 14 1.4-in-Exhibit-
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 23
Exhibit D
-with the Performance Standard that i3 admheatcrcd by the applicanta and verified by the city.
Advantage-prognm The applicants shall meet with the Ashland Conservation Division
28) That the hydrant placement and fire apparatus access requirements shall be met and addressed in
the Final Plan application.
29) That the Final Plan application shall address mitigation for the removal of the 25 -inch dbh Oak
tree (tree 39 on Tree Survey and Protection Plan, T -1, June 8, 2007). Mitigation shall meet the
requirements of Ashland Land Use Ordinance 18.61.084.
30) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by
the Ashland Planning Division prior to removal of the approved Oak tree(tree 39 on Tree Survey
and Protection Plan, T -1, June 8, 2007) and prior to site work, storage of materials and/or the
issuance of an excavation or building permit. The Verification Permit is to inspect the tree to be
removed and the installation of the tree protection fencing. The tree protection for the trees to be
preserved shall be installed according to the approved Tree Protection Plan prior to site work or
storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet
tall and installed in accordance with 18.61.200.B.
31) That a grading plan addressing preliminary finished grade (i.e. existing contours and proposed
contours) and areas of cut and fill shall be submitted with the Final Plan application.
32) That public easements shall be identified on the final survey plat for all multi -use pathways. The
project CC &R's shall note that the pathways are for public use and shall not be obstructed or
through access restricted unless authorized by the City of Ashland and Ashland Parks
Department.
33) That a deed restriction shall be recorded for the town home portion of the development
specifying the land is required to be developed as affordable units in accordance with
18.06.030.G(5) and in conformance with the approval of PA 2006 01663. The deed restriction
shall require the affordable units to remain affordable per Resolution 2006 -13 for a 60 year
period from initial occupancy. The town home area shall be serviced with all needed public
facilities. The deed restricted land shall be dedicated to a non profit (JRC 501(3)(c)) affordable
housing developer or comparable Development Corporation with proof of the dedication and
deed restriction being presented to the City of Ashland Housing Program Specialist prior to
issuance of a building permit for the development of the first market rate residential unit.
34) That the applicant agrees to construct the project in accordance with the approved plan and City
ordinances and waives the right to file a claim under Oregon Statewide Measure 37. The signed
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 24
Exhibit D
waiver shall be submitted to the City of Ashland Legal Department for review and approval prior
to signature of the survey plat or adoption of a resolution or ordinance formally annexing the
property, whichever is first.
35) That a final boundary description and map shall be prepared in accordance with ORS 308.225. A
registered land surveyor shall prepare the description and map. The boundaries shall be surveyed
and monuments established as required by statute subsequent to Council approval of the
proposed annexation.
36) That the land dedicated to the city for parks purposes adjacent to Ashland Creek shall be annexed
prior to the annexation of the Phase II area of the project (single family development).
37) That the Sander Way sidewalks shall provide public access either by being included in the street
right -of -way or having a public pedestrian easement as required by the Ashland Engineering
Division. The Final Plan submittals shall be modified accordingly.
38) That a minimum of five feet shall be maintained between the northern pavement edge of the
multi-use path and the wetland. The Final Plan application shall address the full width of the path
improvement including the base materials and methods to protect the wetland during
construction (i.e. sediment fencing).
39) That a sidewalk meeting the requirements of the Ashland Street Standards shall be installed on
the north side of Nevada St. from the eastern project boundary to the intersection of Nevada S. to
Oak St. Sidewalk design shall be at the discretion of the Staff Advisor in order to address site
constraints such as grade and right -of -way width. These sidewalk improvements shall be
included in the preliminary street improvement plan included with the Final Plan application.
40) That the Final Plan submittal shall address the usability, including Verde Village community
access, of the private open spaces. Usability shall be specifically addressed for the two small
open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage area
(1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping
of the open spaces as well as any improvements such as play equipment shall be detailed in the
Final Plan submittals.
41) That adjustments to the width and location of the multi -use path in and adjacent to the Ashland
Creek riparian corridor shall not affect the width or location of the 10 -foot wide setback or
riparian corridor buffer between the new eastern property line adjacent to the Ashland Creek
riparian corridor and the single family homes and yards for units 68, and 25 -39 that is delineated
as common area in the application materials. The 10 -foot wide setback or riparian corridor shall
be located and sized as shown on plans S -1 dated June 8, 2007, S -4 dated June 8, 2007 and P -2
dated July 17 from the application.
42) That the land being dedicated for affordable housing shall be dedicated to the City of Ashland if
it is not fully developed as affordable housing in accordance with the approval of PA 2006 -01663
within five years of this approval.
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006-01663 Page 25
Exhibit D
43) That the 15 affordable residential units in the subdivision (i.e. town homes) shall meet the
application "Net Zero Energy" Performance Standard as outlined in Exhibit K -3 of the Revised
Outline Plan, Book III Narrative revised October 24, 2007, except that the photovoltaic (PV)
system is not required to be installed in the affordable units. The affordable unit shall be
constructed with the appropriate infrastructure (e.g. wiring, conduit, roof structure) so that a
photovoltaic (PV) system can be installed at a later date.
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That each home that would be built to dm stnu.la.ds euwu.passa,d in the
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Ashland City Council Approval
1
it t. S
.rrison
Date
Signature authorized and approved by the full Council this Pr day of 4 #r 20_07
A. *roved astofo 1 I
qq 2
Date: 1 1 07
an. City In erim omey
Ordinance Attachment 2: Findings of Fact, Conclusions of Law and Order PA #2006 -01663 Page 26
BEFORE THE CITY COUNCIL
April 1, 2014
IN THE MATTER OF PLANNING ACTION #2014- 00052, A REQUEST TO
MODIFY THE DEVELOPMENT AGREEMENT FOR THE VERDE VILLAGE
SUBDIVISION FOR THE PROPERTIES LOCATED AT 87 WEST NEVADA ST.
AND 811 HELMAN ST. THE PROPOSED MODIFICATIONS INCLUDE:
CLARIFICATIONS OF THE PROJECT PHASING TO MAKE CLEAR WHICH
IMPROVEMENTS ARE ASSOCIATED WITH EACH PHASE AND TO ALLOW
EITHER PHASE TO OCCUR FIRST; CHANGES TO THE ENERGY EFFICENCY FINDINGS,
REQUIREMENTS OF THE DEVELOPMENT SO THAT ALL UNITS WILL BE CONCLUSIONS
CONSTRUCTED TO AT LEAST EARTH ADVANTAGE "GOLD" STANDARDS AND ORDERS
AND WILL BE "PHOTOVOLTAIC READY AND CHANGES TO THE
LANDSCAPING REQUIREMENTS ASSOCIATED WITH CONSTRUCTION
OF THE MULTI -USE PATH.
APPLICANT: WILMA, L.L.C.
RECITALS:
1) Tax lots 800, 1100 and 1400 -1418 of Map 39 IE 04B are located at the intersection of
Heiman and Nevada Streets and are zoned Single Family Residential (R- 1 -3.5, R -1 -5 and
R- 1 -7.5).
2) The proposal involves a request to modify the Development Agreement for the Verde
Village Subdivision for the properties located at 87 W. Nevada Street and 811 Helman
Street. The proposed modifications include: clarifications of the project phasing to make
clear which improvements are required with each phase and to allow either phase to
occur first; changes to the energy efficiency requirements of the development so that all
units will be constructed to at least Earth Advantage Gold standards and will be
"Photovoltaic Ready and changes to the landscaping requirements associated with
construction of the multi -use path. The site plan and detailed application materials are on
file at the Department of Community Development.
3) The criteria for Outline Plan subdivision approval or modification from the Performance
Standards Options Chapter are detailed in AMC 18.88.030.A.4 as follows:
a. That the development meets all applicable ordinance requirements of the City ofAshland.
b. That adequate key City facilities can be provided including water, sewer, paved access to and
through the development, electricity, urban storm drainage, police and fire protection and
adequate transportation; and that the development will not cause a City facility to operate
beyond capacity.
PA 2014 -00052
87 W. Nevada Street/Verde Village DA Modifications
Page 1
c. That the existing and natural features of the land; such as wetlands, Jloodplain corridors,
ponds, large trees, rock outcroppings, etc., have been identified in the plan ofthe development and
significant features have been included in the open space, common areas, and unbuildable
areas.
d. That the development of the land will not prevent adjacent land from being developed for
the uses shown in the Comprehensive Plan.
e. That there are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases have the
same or higher ratio of amenities as proposed in the entire project.
f. That the proposed density meets the base and bonus density standards established under this
Chapter.
g. The development complies with the Street Standards.
4) The criteria for approval or modification of a Physical Environmental Constraints Review
Permit to allow construction of a multi -use path in the Ashland Creek riparian preservation
area are detailed in AMC 18.62.040.1 as follows:
1. Through the application of the development standards of this chapter, the potential
impacts to the property and nearby areas have been considered, and adverse impacts
have been minimized.
2. That the applicant has considered the potential hazards that the development may create
and implemented measures to mitigate the potential hazards caused by the development.
3. That the applicant has taken all reasonable steps to reduce the adverse impact on the
environment. Irreversible actions shall be considered more seriously than reversible
actions. The Staff Advisor or Planning Commission shall consider the existing
development of the surrounding area, and the maximum permitted development permitted
by the Land Use Ordinance.
5) The City Council, following proper public notice, held a Public Hearing on February 18, 2014 at
which time testimony was received and exhibits were presented. Prior to closing the hearing, the
Council was asked by a participant to leave the record open for seven days pursuant to ORS
197.763(6)(a) which provides that, "Prior to the conclusion of the initial evidentiary hearing, any
participant may request an opportunity to present additional evidence, arguments or testimony
regarding the application. The local hearings authority shall grant such request by continuing the
public hearing... or leaving the record open for additional written evidence, arguments or
testimony..." The applicants also requested that the record remain open for an additional seven days
to provide written arguments. The Council granted the requests, closing the public hearing but
leaving the record open until February 26, 2014 and allowing the applicants until March 5, 2014 to
provide written arguments.
Council deliberations and the first reading of the necessary ordinance associated with the
modification of the Development Agreement were continued until the Council's regular meeting on
PA 2014 -00052
87 W. Nevada Street/Verde Village. DA Modifications
Page 2
March 18, 2014 at which time the Council approved the requested modifications of the Verde
Village Subdivision's Development Agreement including: clarifications of the project phasing to
make clear which improvements are required with each phase and to allow either phase to occur
first; changes to the energy efficiency requirements of the development so that all units will be
constructed to at least Earth Advantage Gold standards and will be "Photovoltaic Ready and
changes to the landscaping requirements associated with construction of the multi -use path. The
Council also added two conditions to Exhibit E of the Development Agreement dealing with the
project phasing #30) and with the timing of the multi -use path and Nevada Street sidewalk
construction #31).
Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all information necessary to make a decision
based on the staff report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal for modifications of the Development Agreement
for the Verde Village Subdivision including: clarifications of the project phasing to make clear
which improvements are required with each phase and to allow either phase to occur first;
changes to the energy efficiency requirements of the development so that all units will be
constructed to at least Earth Advantage Gold standards and will be "Photovoltaic Ready"; and
changes to the landscaping requirements associated with construction of the multi -use path,
meets all applicable criteria for Outline Plan approval described in Chapter 18.88.030.A.4 and
for the approval of a Physical and Environmental Constraints Review Permit described in
Chapter 18.62.040.1. The Council further finds that the originally adopted findings for the Verde
Village Subdivision and the associated Development Agreement and its subsequent
modifications shall remain in effect except as specifically modified herein.
PA 2014 -00052
87 W. Nevada Street/Verde Village DA Modifications
Page 3
2.3 The Council finds that the Verde Village Subdivision, originally approved in December
of 2007, involved an 11.64 acre site comprising five parcels on the site of the old Ashland
Greenhouses at 87 West Nevada and 811 Heiman Streets. The related approvals included: an
Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural
Residential (RR -5) to City of Ashland Low Density Multi- Family Residential (R -2) and
Suburban Residential (R- 1 -3.5); Outline Plan approval to develop the property as a 68 -unit
residential development; Site Review approval for multi family development; a Physical and
Environmental Constraints Review Permit to locate a multi -use path in the Ashland Creek
Riparian Preservation Area; a Tree Removal Permit; Exceptions to the Street Standards to install
a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural
features and to not connect two of the proposed streets; Variances to reduce the on- street parking
requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the
townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to
reduce the required distance between buildings for the 27 cottages in the southwestern corner of
the site; an Administrative Variance to the Site Design and Use Standards to have the primary
orientation of the buildings to the south, rather than to the street, in order to maximize the use of
solar energy; a land exchange with the City of Ashland dedicating 2.78 acres adjacent to Ashland
Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park in
the area of the access and to the south of the existing parking area; and a Development
Agreement with the City of Ashland which governed the requirements for development of the
subdivision to completion, including a detailed timeline.
The development agreement was adopted by Ordinance #2945 on December 19, 2007.
Subsequent to the 2007 approval, the applicants dedicated property to the Rogue Valley
Community Development Corporation to develop 15 affordable units as part of the first phase of
Verde Village to satisfy the affordability requirements of the annexation. Utilities and
infrastructure, including the partial extension of Almeda Street, were completed to serve these
units, which are now built and occupied as "Rice Park at Verde Village." The applicants
obtained Site Review approval for the remainder of the first phase, the multi family cottage
housing portion of the subdivision, in 2009. Prior to the installation of infrastructure or
commencement of the remainder of the first phase of the development, the national economy
suffered a major downturn which made it difficult for projects with approvals in place to obtain
financing. To date, the city has approved three timetable extensions in response to difficulties
associated with the current state of the economy and availability of financing.
2.4 The Council finds that the Development Agreement requires in 21.2 that, "Amendment...
of this agreement shall be made by adoption of an Ordinance.... The procedures and
requirements for amendment... are the same as for approval of a Development Agreement,
currently notice and hearing before the Council with a recommendation from the Planning
Commission." The Council further finds that the Planning Commission conducted a public
hearing on the request at its regular meeting of February 18, 2014 and recommended that the
Council approve the request with the addition of two conditions to Exhibit E of the Development
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Agreement dealing with the project phasing #30) and with the timing of the multi -use path and
Nevada Street sidewalk construction #3 1).
2.5 The Council finds that the first of the proposed modifications involves clarifying the
project's phasing. The applicants note that, as currently written, the development agreement
requires the completion of the bulk of the infrastructure with the first phase, and with the
modifications proposed they request a clearer phasing of the required infrastructure installation
more in keeping with a two phased project, and also request greater flexibility in terms of the
order in which the phases may be constructed so that either phase could be built first. The
specific modifications proposed include:
That the multi -use path and the sidewalk on Nevada Street, from Heiman Street to Oak
Street, be tied to the construction of Sander Way as part of Phase 11 rather than as a part of
Phase 1.
That Planning staff have the ability to allow Phase 11 to be constructed prior to Phase 1 if the
developer requests.
That if the project is built in phases, the first phase that is built will include:
o The construction of Almeda Street to Heiman Street.
o The construction of Perozzi Street.
o The construction of curbs, gutters, sidewalks and parkrow planting strips on both sides of
Almeda Street and Perozzi Street prior to any home construction for either phase.
That if the project is built in a single phase, 24 lots (50 percent of the combined lots in Phase
I and Phase II) would need to meet the time line requirements of Phase I in the current
timeline.
The applicants assert that these changes do not adversely affect the final development, and would
still yield the improved Dog Park access as the first item to be completed before any lots could
be developed. They note that these changes would minimize the land disturbance where lots are
not ready to be built upon, and that these changes do not alter the final completion date. They
suggest that the only items which might be delayed with the proposed changes are the
construction of the Greenway multi -use path and the sidewalk along Nevada Street to Oak Street
which would be completed prior to the development of any lots in Phase II. The application
materials include a revised timetable which would replace the adopted timetable as `Exhibit F' of
the Development Agreement.
In considering the proposed modifications to the project phasing, the Council finds that Rice
Park at Verde Village, the affordable housing portion of the Verde Village Subdivision, was
completed with only a partial extension of Almeda Drive and with temporary facilities installed
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to provide the required fire apparatus access and fire truck turn around. The Council further
finds that the key concerns with any alteration in subdivision phasing are ensuring that
whichever portion of the development occurs first includes completion of the extension of
Almeda Drive to provide permanent access to the already completed and occupied units in Rice
Park for both residents and emergency vehicles, and that Perozzi Street is extended to provide
permanent access to the existing, heavily -used Dog Park. The Council finds that the applicants'
proposed modifications clearly recognize and address these concerns by requiring completion of
these improvements prior to any home construction for either phase.
2.6 The Council finds that with regard to the proposed modifications to the development's
energy efficiency performance standards, all of the units in the development were originally
subject to a unique, project- specific "net -zero energy performance standard' that was developed
by the applicants' team for the original application submittal from 2006. The stated goal
underlying these standards was to provide "the most energy efficient homes constructed in
Oregon," and this was to be accomplished through a combination of proper solar orientation,
improved thermal envelopes, solar heating, night flush cooling, high efficiency HVAC systems,
heat recovery ventilation, and efficient appliances, all of which were to achieve 50 percent better
performance, and 50 percent less potable water use, than a typical code compliant home at the
time. In addition, through the installation of a photovoltaic system, the homes were to be
capable of generating as much energy as they used on an annual basis, making them "net zero
energy." Specific energy efficiency measures were required, and these ranged from specific
requirements for the lighting and water fixtures (only fluorescent or compact fluorescent lighting
were allowed, only either dual flush 1.1/1.5 gpf or single 1.1 gpf toilets were allowed, and all
showerheads and faucets were to provide 1.5 gpm fixture controls) to requirements that the
homes be designed for "night flush cooling" through the use of mass (concrete floors), improved
thermal envelopes and operable windows so that they could be cooled at night to a degree that
would eliminate the need for air conditioning.
The Council further finds that the original application included a Comprehensive Plan Map
Amendment to up zone the property. Comprehensive Plan Map Amendments require that the
proposed change meet one of five factors detailed in Chapter 18.108.060.B and be in compliance
with the Comprehensive Plan. Both the Planning Commission and Council's support of the
original Comprehensive Plan Map Amendment's approval were based on the energy and water
conservation measures proposed addressing an identified public need for energy and water
conservation in new homes as supported in the Ashland Comprehensive Plan (Chapter XI,
Policy #3 C, D, and G, and Policy #8 B). The Council further found that the energy
efficiency measures proposed at the time supported the requested up- zoning as they equated
favorably to development under the prior Comprehensive Plan designation with density bonuses
for affordability and energy efficiency.
As part of the original approval, building permits were required to include a summary of how
each unit complied with the energy efficiency performance standard to facilitate plan review.
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The affordable homes at Rice Park were constructed according to these performance standards,
and Community Development staff have noted that this posed substantial complications to the
plan review, construction and inspection processes because of the uniqueness, specificity and
complexity of the standards which leave little room for variation and which differ drastically
from what most contractors are used to building under either standard codes or the common
third -party "green building" accreditation programs like LEED or Earth Advantage.
The Council finds that with the current request, the applicants are asking to replace these unique,
project specific energy efficiency performance standards with a requirement that each home
obtain at least an Earth Advantage "Gold" certification and be "Photovoltaic Ready." They
explain that this would benefit the city both through the ease of administration and through the
ability to automatically change with technological developments, and suggest that with the
modifications proposed they will still satisfy the standards initially approved. The applicants
note that that the Earth Advantage Gold with Photovoltaic Ready option produces homes that are
at least 15 percent more energy efficient than current codes, that the solar orientation of the
homes is not proposed to change, and that the proposed modifications continue to address the
Comprehensive Plan's identified public need for energy and water conservation in new homes.
The Council finds that Earth Advantage certification considers materials and methods to reduce
energy and water usage and improve indoor air quality; development practices which diminish
land degradation and deforestation, promote healthy landscapes, reduce waste, and prevent
potential erosion associated with development; and the encouragement of local, environmentally
responsible, durable materials. Builders complete a points worksheet detailing the proposed
approach to the development, and an independent third -party verifier visits the site to verify
compliance. Earth Advantage has various levels of certification including silver, gold, platinum,
net zero ready and net zero. The City of Ashland is currently the local Earth Advantage license
holder, with certified inspectors on staff and additional third -party inspectors in the community
operating under the city license. The Earth Advantage program is currently the program used in
granting density bonuses for Conservation Housing, and city staff and the local development
community have a general familiarity with the requirements of the program.
The Council further finds that the City's Conservation Division has reviewed the proposed
modifications, and has noted that construction to Earth Advantage Gold and Photovoltaic Ready
standards would equate to approximately 15 percent more energy efficiency than current codes
which would likely mean homes were 20 -30 percent more efficient than if built to the codes in
place when the subdivision was approved. Conservation has also indicate that while the
applicants are requesting relief from the photovoltaic solar installation requirements, the
Conservation Division's solar incentive programs would remain available to individual builders
and homeowners who may be interested in striving to meet the original net zero standard.
Conservation staff emphasized that the original orientation of the homes is not proposed to be
altered which means that it is highly likely that all of the homes built will have more than
adequate solar exposure to take advantage of the sun as a power source in the future, either at the
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time of home construction or through future retrofits. Conservation staff concluded that they
remain excited at the prospect of an entire subdivision committing to the Earth Advantage
program and that they support the concept of utilizing a tested third party system to help the
builder, City staff and ultimately the homeowner, ensure that the home functions as designed,
approved and built.
With regard to the proposed modifications to the energy efficiency performance standards, the
Council finds that while homes certified as Earth Advantage Gold /Photovoltaic Ready would not
be the "net zero energy" homes originally envisioned for the development, the level of energy
efficiency proposed would continue to support the original up- zoning approval findings that the
project meets an identified public need for energy and water conservation in new homes, and that
the energy efficiency measures and affordability would equate favorably to development under
the previous Comprehensive Plan designation with density bonuses for affordability and energy
efficiency. In addition, the Council finds that the change to an established, standardized rating
system with independent third party verification of compliance would simplify the plan review
and inspection processes on the city side while likely having the added advantage of being a
program with which designers, contractors, lenders, realtors and homebuyers have a greater
degree of familiarity and would thus be more willing to invest.
2.7 The Council finds that the original Verde Village application included a land exchange
between the developers and the city. Because the city lands involved were originally purchased
with federal funds as park land, there were requirements to ensure that the land received in
exchange was of equal or greater value for public use and that the exchange would further the
public interest. As originally approved, the exchange was for 1.54 acres of the city's ten -acre
"Dog Park" parcel, including the access drive and entry lawn area, for 2.78 acres of land from
the developers which had previously been identified by the city for acquisition in the adopted
"Parks, Trails and Open Space Master Plan" map.
The Council further finds that in addition to the real property exchanged, as part of the
Development Agreement the City was also to receive a new city standard public street entrance
to the Dog Park and an additional 1,300 lineal feet of multi -use pathway to extend the regional
Bear Creek Greenway Trail. The value of these improvements was specifically noted as not
being considered in the valuation for the land exchange. The original findings in support of the
land exchange noted, "City finds that the difference in value between the two parcels being
exchanged is 5150,000 in favor of City, based on the analysis and conclusions contained in the
Appraisal Reports commissioned by City, contained in the record and incorporated herein by
this reference. AFSG agrees to "gift" the 5150,000 difference in value to City." These findings
also noted, "The approximately 2.78 acres of property received by the City will be used for
public open space and passive recreation, including the greenway trail. The reasons stated for
City Council consideration for the exchange include but are not limited to the added value to the
City's Parks and Trails system.... Acquisition by City of the [parcel]... provides City with the
opportunity to extend City's multi -use path, which is part of the regional Bear Creek Greenway.
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The real property exchange also provides the public with additional scenic frontage along
Ashland Creek. Further, acquisition of the Williams Property provides City with an opportunity
to benefit the community by preserving and enhancing the riparian area along Ashland Creek."
The Council finds that, as approved, the multi -use path will weave above and below the riparian
zone and the top of the slope of the Ashland Creek riparian corridor. The path will cross slopes
of 40 to 50 percent in some areas and will include retaining wall construction to retain the
necessarily steep cuts. The riparian corridor is regulated both by the requirement to preserve
significant natural features in the Outline Plan approval criteria, and by AMC Chapter 18.62,
Physical and Environmental Constraints, which requires a Physical Constraints Review Permit
for construction of the path on Riparian Preservation lands. The multi -use path will also be
within five feet of the edge of one of the site's wetlands for a distance of approximately 40 feet.
To ensure that the path installation was adequately buffered and would not negatively impact the
functions of the riparian area or wetland and satisfied the Physical Constraints Review Permit
approval criterion requiring demonstration that all reasonable steps to reduce adverse impacts on
the environment would be taken with the path installation, the applicants were required to
provide a:
mitigation plan prepared by a riparian biologist or a natural resource
professional with training and experience in biology, ecology or related fields for
the impact of the construction of the multi -use path in the riparian corridor and to
address the 10 foot wide riparian corridor buffer. The riparian corridor buffer is
the setback between the new eastern property line adjacent to the Ashland Creek
riparian corridor and the single family homes and yards for units 68, and 25 -39,
and is delineated as common area in the application materials. Disturbed areas
from the multi -use path construction shall be re- vegetated and an additional area
restored and enhanced with local source native plant material including ground
cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied
(e.g. mulch, hay, jute netting, or comparable) and temporary irrigation facilities
installed The mitigation plan shall include but not be limited to a statement of
objectives, measurable standards of mitigation, an assessment of riparian
corridor functions and values, a statement and detail plan of the location,
elevation and hydrology of the mitigation area, a planting plan and schedule, a
monitoring and maintenance plan, a contingency plan and performance
guarantees. The applicants shall install the mitigation measures in the approved
mitigation plan in conjunction with the multi -use path installation.
The Council finds that the applicants provided the required mitigation plan along with plans for
the multi -use path installation as part of the Final Plan application for Phase 1 of the development
(Planning Action #2008 01853). This plan proposed the mitigation of approximately 46,005
square feet of the riparian setback area (i.e. the full riparian corridor area between the proposed
path and the creek) to mitigate habitat impacts and provided an additional approximately 9,382
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square feet of non_ invasive ornamental plantings selected for their habitat and screening value
outside of the riparian setback area. As required in the Development Agreement, there was also
a maintenance period where the applicants were responsible for the maintenance and
replacement of any plantings which failed to survive three years after the path's completion.
The Council finds that with the current request, the applicants propose "to change the
landscaping requirements of the multi -use path to a level that is more in keeping with what is
reasonable to maintain by the City and takes into account what has been learned in the creekside
restorations since the development agreement was written. These changes still serve to protect
the valuable creek." With the request, they would reduce the plantings associated with
mitigating the path installation to the areas within four -feet of the path itself and any additional
lands disturbed through construction of the path. They would also plant the ten -foot buffer along
the eastern property lines of units 25 -39 and 68 on the subdivision property as required in the
original approval. The application materials provided emphasize that the restoration and
enhancement of the creek corridor were not considerations -for the land exchange only the
lands' location, size and the multi -use path itself were considered, and these are not proposed to
change in terms either of the value of the exchange or in furthering the public interest with the
requested modifications.
The Council notes that the materials provided suggest that the currently approved mitigation plan
requirements are not appropriate in light of recent experiences with creek side restoration, and
that the blackberries and other non- native plants that are currently on the property serve to
protect the stream. They go on to suggest that by removing these plants and replacing them with
natives, it would adversely impact the stream in the short term by removing the shade which
currently cools the water, and that by planting all of the new plantings at once there would be
higher plant mortality rates because of the sudden change to the growing conditions. They note
that the Parks Department has estimated that it would cost roughly $49,000 per year to maintain
the new plantings as all maintenance would need to be done by hand, rather than through
chemical application, because of the proximity to the creek. The applicants conclude that this is
a high cost with little benefit, and that the changes proposed would reduce costs by 60 to 75
percent. The Parks Department subsequently revised their maintenance cost estimates and
indicated that maintenance of the full three -acre maintenance project would run $39,000 per six
month season, including irrigation and staff time, and that with the reduced 'planting area
proposed by the applicants here, costs might be reduced to one quarter of that amount.
The Council finds that the Ashland Parks and Recreation Commission considered the proposed
modifications to the pathway installation and associated riparian landscaping at their December
23, 2013 meeting and made a number of recommendations:
o With regard to the timing of the improvements, the Commission unanimously recommended
"Council allowing Verde Village developers to wait for the second phase of development to
install the path if the first phase was not along the path; however if the first phase was
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implemented and the developers did not put in the second phase along the pathway, after five
years they would need to build the path."
o With regard to the pathway landscaping, the Commission recommended that, "the proposed
vegetation in the development plan be reduced to an I8-foot wide corridor along and
including the bike path, including any affected or disturbed areas within that corridor which
would be re- vegetated, as opposed to how the plan is shown." Parks staff subsequently
clarified this recommendation noting that it would accomplish the need for replacing
vegetation on disturbed areas and begin the process of eliminating noxious and invasive
weeds but would not give the department a project that was too large and costly to adequately
maintain.
o The Commission also asked that Council, "allow Parks' professional staff the flexibility to
work with the developer to identifr any additional trees to plant outside or inside the
identified 18 foot corridor" as this would allow some additional trees to be strategically
planted and maintained into the riparian corridor to establish themselves and gain dominance
over the blackberries leading to a higher survivability and success rate when further
restoration is pursued.
o The Parks Commission made no recommendation with regard to the possibility of reducing
the maintenance period associated with the re- vegetation from three -years down to one -year.
Parks staff has subsequently noted that Commissioners felt that with the changes they were
supporting the scope of maintenance necessary would ultimately be reduced to a level that
was reasonable for the developer to maintain for the original period, and that this would
provide a higher likelihood of success for the plantings when ultimately turned over to the
Parks Department.
With regard to the proposed modification to the multi -use path landscaping and the associated
riparian corridor restoration and enhancement, the Council finds that the scope of the previously
approved mitigation plan went well beyond what was necessary to mitigate the disturbance
associated with the path installation. Particularly in light of the Ashland Parks and Recreation
Commission's general support of the request, the Council finds in favor of the requested
modifications to the multi -use path landscaping and riparian corridor restoration requirements.
The Council further finds that the added condition recommended by the Planning Commission
adequately addresses the recommendations made by the Parks Commission, and the condition is
accordingly attached to this approval as Condition #31 of the Development Agreement's
"Exhibit E." This condition reads:
Multi Use Path Nevada Street Sidewalk Timing. That the multi use path and the
sidewalk on Nevada Street, from Heiman Street to Oak Street, shall be tied to the
construction of Sander Way as part of Phase 11, rather than as a part of Phase I. A
revised plan (replacing Sheet R -I from December I, 2008) shall be provided prior to
pathway installation illustrating the proposed pathway installation and the redefined
limits of the slope stabilization and associated re- vegetation and shall include the
planting of additional trees both inside and outside the pathway corridor to be
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selected based on recommendations of Parks Department staff as to the number, type
and placement. The multi -use pathway improvements shall be installed with Phase 11
of the development, but no later than five years following completion of the first
phase."
2.8 The Council finds that subsequent to the Verde Village Subdivision approval, the City
adopted the Water Resources Protection Zones Ordinance which added new regulations by
creating stream bank and wetland protection zones. The Council further finds that while Section
21.3 of the Development Agreement generally envisions that the applicable regulations shall be
those in place at the time the agreement was adopted, with a modification, the City may apply
current regulations to the Development Agreement.
The Council finds that the Water Resources Protection Zones Ordinance created a 50 -foot
Stream Bank Protection Zone from the top of bank of Ashland Creek. The subdivision's homes,
as originally proposed comply with the requirement to provide protection zones. The ordinance
also provides that constructing unpaved trails up to six feet in width in parks are considered to be
exempt activities as detailed in AMC Section 18.63.060.A.2.b. The Council further finds that if
these new regulations were to be applied, a paved ten -foot public multi -use trail within the
stream bank protection zone would be subject to a Limited Use Permit as detailed in AMC
Section 18.63.070.A.3.a if it were found to be necessary to maintain a functional system, like the
Bear Creek Greenway regional trail system.
The Council finds that review under the new regulations would consider impacts of the proposal
and require a mitigation plan and management and maintenance similar to that already
conditioned upon Verde Village through the Outline Plan and Physical and Environmental
Constraints Review Permit approvals. The Council further finds that the Development
Agreement requires mitigation plantings be provided on a 1:1.5 ratio (i.e. 150 square feet of
mitigation per 100 feet of disturbance) which is the same mitigation required under the Water
Resources Protection Zones Ordinance. The 1,300 linear feet of multi -use path proposed here at
a ten -foot width would equate to 13,000 square feet of disturbance, which at a 1.5 mitigation
ratio would require a 19,500 square foot mitigation area. As originally approved, the mitigation
area proposed included 46,005 square feet of mitigation landscaping in the riparian corridor with
plantings to cover the full area between the path and the creek, which ranges in width from 25
feet to approximately 130 feet, and an additional 9,382 square feet of riparian buffer on the
subdivision side for a total mitigation area of 55,387 square feet of mitigation plantings,
significantly exceeding what would be required even if the newer Water Resources Protection
Zones Ordinance regulations were to be applied. With the proposed modifications to the
landscaping currently proposed, the mitigation area of the 13,000 square feet of multi -use path
installation would equate to at least 23,400 square feet, still significantly more than the 19,500
required under the new regulations. The Council accordingly finds it unnecessary to apply the
new Water Resources Protection Zones Ordinance to the current request, as the existing approval
already mitigates the impacts of the path installation to an equal or superior extent.
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SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the
application for modification of the Development Agreement for the Verde Village Subdivision including
clarifications of the project phasing to make clear which improvements are required with each phase and
to allow either phase to occur first, changes to the energy efficiency requirements of the development so
that all units will be constructed to at least Earth Advantage Gold standards and will be "Photovoltaic
Ready and changes to the landscaping requirements associated with construction of the multi -use path,
has satisfied all relative substantive standards and criteria and is supported by evidence in the record.
The Verde Village project envisioned a unique mix of housing types and energy conserving housing that
Ashland had not seen before in a subdivision, and included connectivity improvements to better serve
the now constructed affordable housing in Rice Park, the Dog Park, the Bear Creek Greenway and the
surrounding community. The economic downtum has unavoidably precluded realization of the
applicant's original vision for the development; however Council believes that most of the originally
envisioned benefits to the City from this development can still be achieved with the modifications
requested here.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the
following conditions, we approve Planning Action 2014- 00052. Further, if any one or more of the
conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2014 -00052
is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicants and stipulations contained within the application shall be
conditions of approval unless otherwise modified herein.
2) That the following condition shall be added to "Exhibit E" of the Development Agreement, as
recommended by the Planning Commission:
"30) Phasing. That Phase I and Phase II refer to specific portions of the development,
and the applicants shall have the ability to construct Phase 11 prior to Phase 1, or to
construct both phases at the same time. If the project is built in a single phase, 24 Lots (50
percent of the total number of lots in Phase 1 and Phase 11) would need to meet the
timetable for Phase I. If the project is built in phases, whichever phase is constructed first
shall include: the construction of Almeda Drive from its current terminus out to Heiman
Street, and the construction of Perozzi Street (formerly `Canine Way') from Almeda
Drive to the Dog Park. Both streets shall be completed according to the approved plans
(including paving, curbs, gutters, sidewalks and parkrow planting strips with street trees
on both sides), inspected and approved prior to the construction of any homes for either
phase."
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3) That the following condition shall be added to "Exhibit E" of the Development Agreement, as
recommended by the Planning Commission:
"31) Multi Use Path Nevada Street Sidewalk Timing. That the multi use path and
the sidewalk on Nevada Street, from Heiman Street to Oak Street, shall be tied to the
construction of Sander Way as part of Phase II, rather than as a part of Phase 1. A revised
plan (replacing Sheet R -1 from December 1, 2008) shall be provided prior to pathway
installation illustrating the proposed pathway installation and the redefined limits of the
slope stabilization and associated re- vegetation and shall include the planting of
additional trees both inside and outside the pathway corridor to be selected based on
recommendations of Parks Department staff as to the number, type and placement. The
multi -use pathway improvements shall be installed with Phase 1I of the development, but
no later than five years following completion of the first phase."
Council Approval Date
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CITY O F
ASHLAND
Council Communication
April 1, 2014, Business Meeting
First Reading of an Ordinance Imposing a Temporary Moratorium on
Establishment of Medical Marijuana Facilities in the City of
Ashland, and Declaring an Emergency
FROM:
David H. Lohman, City Attorney, lohmand @ashland.or.us
SUMMARY
This agenda item is the first reading of an ordinance presented for Council consideration at the Mayor's
request. It would effectively prevent establishment of registered medical marijuana dispensaries in
Ashland until May 1, 2015 or any prior date set by ordinance. A recent state statute expressly gave
local jurisdictions authority to enact such a moratorium, but only if enactment occurs by May 1, 2014.
The Mayor asked that a draft ordinance that would temporarily suspend the operation of any medical
marijuana dispensary "Dispensary in Ashland be placed on the April 1 Business Meeting'agenda to
give the Council the opportunity to pass such a measure, if it wishes to, before the statutory May 1
deadline. Neither staff nor the Mayor has so far made a recommendation on enactment of such a
moratorium.
BACKGROUND AND POLICY IMPLICATIONS:
Operation of registered medical marijuana dispensaries was made lawful in House Bill 3460 which
was passed by the 2013 Oregon Legislature and took effect March 1, 2014. The statute granted
immunity from state prosecution to persons operating or employed by such a registered Dispensary. In
its short 2014 session, the Oregon legislature enacted Senate Bill 1531, which removes immunity from
state prosecution for persons responsible for or employed by Dispensaries in any city which has timely
enacted a temporary moratorium on such Dispensaries.
When House Bill 3460 was adopted in 2013, some advocates argued it effectively preempted local
jurisdictions from enacting any restrictions on Dispensaries. Most observers concluded the :legislation
at least did not preclude local jurisdictions from enacting land -use ordinances containing restrictions
on Dispensaries. Others, most prominently the League of Oregon Cities, argued House Bill 3460 did
not preclude any local restrictions because it did not include a clear preemption. Oregon appellate
courts have ruled in analogous circumstances that state preemption of enactments by "home rule"
jurisdictions must be unambiguous.
Senate Bill 1531 resolved these differing interpretations. Section 2 expressly allows local jurisdictions
to enact reasonable "time- place- manner" limitations on Dispensaries. Section 3 allows local
jurisdictions to suspend operation of House Bill 3460 for up to 14 months (3/1/14 to 5/1/15) during
which time they can also enact land -use restrictions so as to have them in place prior to the "end of the
moratorium. Local land -use ordinances taking effect prior to the end of a moratorium would even
Page 1 of 2
1�,
I
CITY O F
ASHLAND
apply to previously established registered Dispensaries. That is, registered Dispensaries could not be
"grandfathered in."
Nothing in Senate Bill 1531 suggests that land -use restrictions are in any way dependent on a
moratorium having been enacted or that such restrictions enacted during a moratorium expire at the
end of the moratorium. Logically, therefore, Senate Bill 1531 inherently affirmed local authority to
enact land -use restrictions on Dispensaries, as well as expressly affirming local authority to enact
reasonable time place manner limitations on them.
In short, local limitations on Dispensaries can be enacted before, during, or after a moratorium, or in
the absence of a moratorium. The one arguable benefit of an ordinance imposing a moratorium is that
it would allow an amendment to Ashland's land -use ordinances to apply even to registered
Dispensaries established prior to the effective date of the amendment. Without a moratorium, a
Dispensary established prior to such an amendment would be allowed as a pre- existing nonconforming
use.
FISCAL IMPLICATIONS:
None.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
SUGGESTED MOTION:
I move approval of first reading by title only of an ordinance titled, "First Reading of an Ordinance
Imposing a Temporary oratorium on Establishment of Medical Marijuana Facilities in the City of
Ashlandpand Declaring an Emergency".
I n
ATTACHMENTS: L I `�Q A p„ e,
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ORDINANCE NO.
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON
ESTABLISHMENT OF MEDICAL MARIJUANA FACILITIES IN THE
CITY OF ASHLAND, AND DECLARING AN EMERGENCY
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 Oregon Legislature enacted House Bill 3460 (2013) which requires the iOregon
Health Authority to develop and implement a process to register medical marijuana facilities;
WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a
registered medical marijuana facility will have immunity from state prosecution;
WHEREAS, under Oregon law, local governments may regulate the operation and location of
certain types of businesses within their jurisdictional limits except when such action has been
specifically preempted by state statute;
WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity
from state prosecution for a person who is responsible for or employed by a registered medical
marijuana facility located in an area subject to the jurisdiction of a city or county that enacts a
moratorium prohibiting the operation of a medical marijuana facility; and
WHEREAS, the City Council wishes to prohibit operation of medical marijuana facilities within
its jurisdictional limits for a limited period of time to enable the Council to determine what
restrictions, if any, should apply to medical marijuana facilities in the City of Ashland.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Moratorium Declared.
The operation of any medical marijuana facility in any area subject to the jurisdiction of the City
of Ashland is prohibited. As used in this section, "medical marijuana facility" includes any
facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law.
SECTION 2. Duration of Moratorium.
The moratorium imposed by this ordinance shall be effective until May 1, 2015, unless
rescinded sooner.
Ordinance No. Page 1 of 2
SECTION 3. Enforcement.
The Ashland Police Department is charged with enforcement of the moratorium imposed iby this
ordinance.
SECTION 4. Remedies Not Exclusive.
The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed
by this ordinance are not exclusive of any other remedies available under any applicable federal,
state or local law. It is within the discretion of the City of Ashland to seek cumulative remedies
for a violation of the moratorium imposed by this ordinance.
SECTION 5. Severability.
If any provision of this Ordinance or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this Ordinance that can be given
effect without the invalid provision or application, and to this end the provisions of this
Ordinance are severable.
SECTION 6. Emergency.
This Ordinance being necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
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 2014,
and duly PASSED and ADOPTED this day of 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 2 of 2
77th OREGON LEGISLATIVE ASSEMBLY -2014 Regular Session
Enrolled
Senate Bill 1531
Sponsored by Senators HANSELL, MONROE, STARR; Senators BAERTSCHIGER JR, BOQUIST,
CLOSE, FERRIOLI, GIROD, JOHNSON, KNOPP, KRUSE, MONNES ANDERSON, OLSEN,
THOMSEN, WHITSETT, WINTERS, Representatives ESQUIVEL, JENSON, THATCHER,
THOMPSON, WHISNANT, WITT (at the request of Association of Oregon Counties and League
of Oregon Cities) (Presession filed.)
i
CHAPTER
i
AN ACT
Relating to marijuana facilities; creating new provisions; amending ORS 475.314; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2014 Act is added to and made a part of ORS 475.300 to
475.346.
SECTION 2. Notwithstanding ORS 633.738, the governing body of a city or county may
adopt ordinances that impose reasonable regulations on the operation of medical marijuana
facilities registered, or applying for registration, under ORS 475.314 that are located in the
area subject to the jurisdiction of the city or county. For purposes of this section, "reason-
able regulations" includes reasonable limitations on the hours during which a medical
marijuana facility may be operated, reasonable limitations on where a medical marijuana
facility may be located within a zone described in ORS 475.314 (3)(a) and reasonable condi-
tions on the manner in which a medical marijuana facility may dispense medical marijuana.
SECTION 3. (1) Notwithstanding ORS 475.314 and section 2 of this 2014 Act, the governing
body of a city or county may adopt an ordinance enacting a moratorium on the operation
of registered medical marijuana facilities until May 1, 2015, in the area subject to the juris-
diction of the city or county if the moratorium is enacted no later than May 1, 2014.
(2) Notwithstanding ORS 475.309 (1)(b), a person who is responsible for or employed by a
registered medical marijuana facility located in an area subject to the jurisdiction of a city
or county that enacts a moratorium under this section is not excepted from the criminal
laws of this state for possession or delivery of marijuana, aiding and abetting another in the
possession or delivery of marijuana or any other criminal offense in which possession or
delivery of marijuana is an element.
(3) The governing body of a city or county that enacts a moratorium under this section
must notify the Oregon Health Authority, in a manner prescribed by the authority, of the
moratorium.
(4) A registered medical marijuana facility that is located in an area subject to the ju-
risdiction of a city or county that enacts a moratorium under this section may choose:to
surrender the medical marijuana facility's registration. To surrender registration under this
subsection, the medical marijuana facility must notify the authority, in a manner prescribed
Enrolled Senate Bill 1531 (SB 1531-C) Page 1
by the authority, of the surrender. If a medical marijuana facility surrenders registration
under this subsection, the authority may refund any fee imposed by the authority pursuant
to ORS 475.314 (12).
SECTION 4. Section 3 of this 2014 Act is repealed on January 2, 2016.
SECTION 5. ORS 475.314 is amended to read:
475.314. (1) The Oregon Health Authority shall establish by rule a medical marijuana facility
registration system to authorize the transfer of usable marijuana and immature marijuana plants
from:
(a) A registry identification cardholder, the designated primary caregiver of a registry identifi-
cation cardholder, or a person responsible for a marijuana grow site to the medical marijuana fa-
cility; or
(b) A medical marijuana facility to a registry identification cardholder or the designated primary
caregiver of a registry identification cardholder.
(2) The registration system established under subsection (1) of this section must require a med-
ical marijuana facility to submit an application to the authority that includes:
(a) The name of the person responsible for the medical marijuana facility;
(b) The address of the medical marijuana facility;
(c) Proof that the person responsible for the medical marijuana facility is a resident of Oregon;
(d) Documentation, as required by the authority by rule, that demonstrates the medical
marijuana facility meets the qualifications for a medical marijuana facility as described in sub-
section (3) of this section; and
(e) Any other information that the authority considers necessary.
(3) To qualify for registration under this section, a medical marijuana facility:
(a) Must be located in an area that is zoned for commercial, industrial or mixed use or as ag-
ricultural land; [and may not be located at the same address as a marijuana grow site;]
(b) May not be located at the same address as a marijuana grow site;
(b)] (c) Must be registered as a business or have filed a pending application to register as a
business with the Office of the Secretary of State;
[(c)] (d) Must not be located within 1,000 feet of the real property comprising a public or private
elementary, secondary or career school attended primarily by minors;
[(d)] (e) Must not be located within 1,000 feet of another medical marijuana facility; and 1
[(e)] (f) Must comport with rules adopted by the authority related to:
(A) Installing a minimum security system, including a video surveillance system, alarm system
and safe; and
(B) Testing for pesticides, mold and mildew and the processes by which usable marijuana and
immature marijuana plants that test positive for pesticides, mold or mildew must be returned to the
registry identification cardholder, the cardholder's designated primary caregiver or the cardholder's
registered grower.
(4)(a) The authority shall conduct a criminal records check under ORS 181.534 of a person
whose name is submitted as the person responsible for a medical marijuana facility under subsection
(2) of this section.
(b) A person convicted for the manufacture or delivery of a controlled substance in Schedule I
or Schedule II may not be the person responsible for a medical marijuana facility for five years from
the date the person is convicted.
(c) A person convicted more than once for the manufacture or delivery of a controlled substance
in Schedule I or Schedule II may not be the person responsible for a medical marijuana facility)
(5) If a person submits the application required under subsection (2) of this section, the medical
marijuana facility identified in the application meets the qualifications for a medical marijuana, fa-
cility described in subsection (3) of this section and the person responsible for the medical marijuana
facility passes the criminal records check required under subsection (4) of this section, the authority
shall register the medical marijuana facility and issue the person responsible for the medical
marijuana facility proof of registration. The person responsible for the medical marijuana facility
Enrolled Senate Bill 1531 (SB 1531 -C) Page 2
shall display the proof of registration on the premises of the medical marijuana facility at all tarries
when usable marijuana or immature marijuana plants are being transferred as described in sub-
section (1) of this section.
(6)(a) A registered medical marijuana facility may receive usable marijuana or immature
marijuana plants only from a registry identification cardholder, designated primary caregiver or
person responsible for a marijuana grow site if the registered medical marijuana facility obtains
authorization, on a form prescribed by the authority by rule and signed by a registry identification
cardholder, to receive the usable marijuana or immature marijuana plants.
(b) A registered medical marijuana facility shall maintain:
(A) A copy of each authorization form described in paragraph (a) of this subsection; and
(B) Documentation of each transfer of usable marijuana or immature marijuana plants.
(7) A medical marijuana facility registered under this section may possess usable marijuana and
immature marijuana plants in excess of the limits imposed on registry identification cardholders and
designated primary caregivers under ORS 475.320.
(8)(a) A registered medical marijuana facility may not transfer any
tetrahydrocannabinol- infused product that is meant to be swallowed or inhaled, unless the
product is packaged in child- resistant safety packaging that meets standards established by
the authority by rule.
(b) A registered medical marijuana facility may not transfer any tetrahydrocannabinol-
infused product that is manufactured or packaged in a manner that is attractive to minors,
as determined by the authority by rule.
[(8)] (9) The authority may inspect:
(a) The premises of an applicant for a medical marijuana facility or a registered medical
marijuana facility to ensure compliance with the qualifications for a medical marijuana facility de-
scribed in subsection (3) of this section; and
(b) The records of a registered medical marijuana facility to ensure compliance with subsection
(6)(b) of this section.
[(9)(a)] (10)(a) A registry identification cardholder or the designated primary caregiver of a
registry identification cardholder may reimburse a medical marijuana facility registered under this
section for the normal and customary costs of doing business, including costs related to transferring,
handling, securing, insuring, testing, packaging and processing usable marijuana and immature
marijuana plants and the cost of supplies, utilities and rent or mortgage.
(b) A medical marijuana facility may reimburse a person responsible for a marijuana grow site
under this section for the normal and customary costs of doing business, including costs related to
transferring, handling, securing, insuring, testing, packaging and processing usable marijuana and
immature marijuana plants and the cost of supplies, utilities and rent or mortgage.
[(10)] (11) The authority may revoke the registration of a medical marijuana facility registered
under this section for failure to comply with ORS 475.300 to 475.346, (or] rules adopted under ORS
475.300 to 475.346 or ordinances adopted pursuant to section 2 of this 2014 Act. The authority
may release to the public a final order revoking a medical marijuana facility registration.
[(11)] (12) The authority shall adopt rules to implement this section, including rules that:
(a) Require a medical marijuana facility registered under this section to annually renew that
registration; and
(b) Establish fees for registering and renewing registration for a medical marijuana facility un-
der this section.
SECTION 6. This 2014 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2014 Act takes effect
March 1, 2014.
Enrolled Senate Bill 1531 (SB 1531 -C) Page 3
Passed by Senate February 18, 2014 Received by Governor.
Repassed by Senate March 7, 2014 M., 2014
Approved:
M., 2014
Robert Taylor, Secretary of Senate
Peter Courtney, President of Senate John Kitzhaber, Governor
Passed by House March 5, 2014 Filed in Office of Secretary of State:
M 2014
Tina Kotek, Speaker of House
Kate Brown, Secretary of State
Enrolled Senate Bill 1531 (SB 1531 Page 4