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2015-1201 Council Agenda PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 1, 2015 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 6:30 p.m. Executive Session for legal counsel and real property transaction pursuant to ORS 192.660(2)(e) and 192.660(2)(h) 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of November 16, 2015 2. Business Meeting of November 17, 2015 VI. SPECIAL PRESENTATIONS & AWARDS 1. Report on Ashland Community Resource Center 2. Ashland Police Department launch of drug amnesty/treatment center placement program VII. 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] VIII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 2. Approval of a liquor license application for Josh Hamik dba Boulevard Coffee/Stratford Inn 3. Approval of a liquor license application for Merrill Smith dba La Baguette Bakery 4. Approval of a resolution titled, "A resolution adopting a supplemental budget increasing appropriations within the 2015-2017 biennium budget" 5. Acceptance of FY2014-2015 Comprehensive Annual Financial Report IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. 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 up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Public Hearing on an ordinance titled "An ordinance amending Chapters 18.2.2, 18.2.3., 18.2.5, 18.3.2, 18.3.3, 18.3.5, and 18.6.1 of the Ashland Land Use Ordinance relating to o homegrown marijuana cultivation and marijuana- related businesses including _production, processing retail sales testing and wholesale X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS 1. Annual Appointment to the Citizen Budget Committee 2. Annual Appointment of Citizen Audit Commission and Council Liaison XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 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 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session November 16, 2015 Page 1 of 4 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, November 16, 2015 Council Chambers 1175 E Main Street Mayor Stromberg called the meeting to order at 5:32 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Seffinger, and Marsh were present. Councilor Rosenthal arrived at 5:33 p.m. Councilor Lemhouse was absent. 1. Public Input David Wick/2560 Eagle Creek Lane/Spoke as the director of the Culture of Peace Commission and explained the Commission was interested in the downtown behavior issue and wanted to get involved. The Commission also wanted to identify existing culture of peace contributors in the community, develop non-violent communication and other practices for Ashland schools, and establish an Ashland World Peace Frame monument. Louise Shawkat/870 Cambridge/Submitted a report into the record on the Southern Oregon Climate Action Now (SOCAN) Climate Summit held in October and highlighted actions on each of the eight breakout sessions. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Water rate cost of services study Public Works Director Mike Faught introduced Catherine Hansford from Hansford Economic Consulting who provided a presentation highlighting points from the Water Cost of Service and Rates study she conducted: Purpose of study • Make sure there was sufficient money to operate the water system • Mare sure allocated costs were equitable for all customer classes • Establish an appropriate rate schedule through 2022 • The study was Not a water master plan update Study Methodology - using principles established by the American Water Works Association (AW WA) M 1 Manual "Principles of Water Rates, Fees, and Charges" • Step l : Revenue Requirement Analysis • Step 2: Cost of Service • Step 3: Allocation of Costs and Revenue Requirement to Customer Classes • Step 4: Rate design Cost of Service Finding Table Some customer classes paid more than they would under the cost of service while other customers paid less. Ms. Hansford noted numbers in the slide were different from the report. Commercial paid more this year than they would under allocated cost of service. Municipal irrigation customers paid approximately $96,000 less. Why change the rate structure? • Ensure all customers are paying their fair share of system costs • Provide better incentive for water conservation City Council Study Session November 16, 2015 Page 2 of 4 • Reflect current fire code, sprinkles for structures no l" meters Note: Differential costs by pumping zone was evaluated and is not recommended Use Charges - Usage Patterns Table • Should be based on customer use patterns and be structured to encourage water use efficiency Residential and Irrigation customers peaked in the summer months. The proposed rate design would encourage water conservation. Institutional customers had a steady water usage. Revenue by Tier for Non-Residential Current Tier 1 Tier 2 Commercial 99% 1 % Institutional 40% 60% Irrigation 85% 15% Proposed Tier 1 - < 2" Tier 2 - < 2" Tier 1 - 2+" Tier 2 - 2+" Commercial 61% 39% 65% 35% The proposal in the report would make cost rates equitable and split Commercial into two groups, one with less than 2-inch meters and 2-inch meters or greater. Why continue the rate increases identified in the Water Master Plan and through 2022? • Complete projects identified in the 2012 Water Master Plan. Revenues are down as the City has been in drought; water demands did not increase as projected by the 2012 Water Master Plan. Consequences: Less revenue than anticipated and greater expenditure earlier than expected to complete the TAP project to augment supplies • Continue to provide for timely maintenance of existing facilities and continue a serve for emergencies, lower revenues from drought, and possible future environmental standards Note: New Water Plant and Crowson II Reservoir SRF Funding at 2% interest in Model Proposed Changes Flat Charges - split into Customer Charge per account and Service Charge per meter 2015 2016 Use Charges: $28.22 $28.71 Service Charge: $23.50 $25.44 ($13.72 Service Charge and $1 1.71 Customer Charge) Note: AWWA ratios I" meters set equal to a 3/4" meter so that households upsized for fire code requirement are not penalized Council could decide to base everything on the size of the meter. Currently residential, commercial, or institutional irrigation services received a flat charge. This deviated from the AWWA's methodology where all services incurred a service charge paid monthly because the customer could use that water any time during the year. This did not include Talent Irrigation District (TID) water. Proposed Changes - Use Charges • Residential Irrigation Use Added to Domestic Use • Commercial <2" Meters -2 Tiers all year <2,500 Cu. ft. and >2,500 Cu. ft. • Commercial 2" + Meters - 2 Tiers all year, <15,000 Cu. ft. and >15,000 Cu. ft. • Institutional - 1 Tier all year • Commercial and Institutional Irrigation - Off peak (Oct-May) and On-Peak Rates (June-Sept) charged every month City Council Study Session November 16, 2015 Page 3 of 4 Only 5% of all irrigation meters were residential. Currently the irrigation side was a flat fee and a customer could use water out of both accounts. The study proposed running the total amount of water through one account using tiers. Water Quality Supervisor Steve Walker explained a Fire Guard was a fire line that fed a fire suppression system with a meter in a bypass that served more for leak detection. In the event of a fire, the device swung open and supplied the water system. "The City did not meter fire events. Fle went on to explain I-5 in the report indicated sewer meters from the port of entry. Cost of Service FY 2015-16 • Current Rates (2015) o Unmetered $170.01 per acre o Metered $0.0055 per cu. ft. • Calculated Rates (2015) o Umnetered $504.26 per acre o Metered $0.0051 per Cu. ft. • Proposed Rates (2016) o Umnetered $208.34 per acre o Metered $0.0052 per cu. ft. TID Cost Detail FY 2015-16: Contracted Water Total Cost TID Share TID Cost • Acre Feet of Water $37,412 73% $27,320 • City Properties (Imperatrice) $9,042 73% $6,600 • Wheeling Charge/Admin $12,500 73% $9,130 City Maintenance Costs $52,799 73% $38,560 Canal Depreciation • Cost to Pipe the Ditch $1,410,000 (Startite to Terrace) • Est. Cost to Pipe All Ditch $2,820,000 • Useful Life of Pipe (years) 60 • Est. Annual Depreciation $47,000 • TID Customer Share 56% • TID Canal Depreciation $26,320 73% $19,220 (769/1369 ac ft) TID Staffing/Materials Costs $22,800 100% $22,800 471 hours of staff time at an average rate of $48.41 (including benefits) TOTAL: $123,630 Mr. Faught clarified they updated the chart to base the billing on drought years and took oft the million gallons per day required for Ashland Creek. Staff was not comfortable increasing TID rates from $170 to $504. It could result in customers dropping out of the TID service and the City would have to pay the difference. They recommended gradually increasing to $400 instead. Mr. Walker addressed Tables 8-11 in the report and explained the significant increase that year was due to several expensive repairs the City had to make to the system. Summary of Impacts • Residential - graph • Commercial - mostly decrease in bills in 2016; larger portion of bills in flat charges for customers with larger meter sizes • Institutional - decrease in bills in 2016 City Council Study Session November 16, 2015 Page 4 of 4 • Irrigation - increase during summer and winter if no usage • TID Irrigation gradual increase from $170.01 to $400 by 2021-2022 Council recognized the need to increase TID but was not comfortable raising TID rates to $504 or $400. They requested a comparison of City water prices per cubic foot and TID water rates. Some were interested in raising the rate to $250, increasing rates 5% annually for three years and monitoring results or starting at $250 and possibly moving up to $400. Staff would bring back information on the affect of raising TID rates from current costs to $250 then up to $400. They would all provide information on how those increases changed the subsidies. City Attorney Dave Lohman noted recent incidents with City boards, commissions, and committees involving commission members and council liaisons that came close to harassment of City employees and could create a hostile work environment. These incidents had potential legal consequences for the City and the individuals involved. If an employee decided to sue an individual for harassment and the individual lost, the City would not cover their costs due to them acting outside their authority. Additionally, commissioners could not speak on behalf of a client at commission meetings where they were a member. Council liaisons represented the full City Council and should not attempt to direct, debate, lobby, or influence the decisions of any advisory body to which they were assigned. However, a councilor could attend a commission meeting and speak as a citizen after stating they were speaking for themselves. Mr. Lohman went on to address conflicts of interest and explained state law defines a conflict when there was a financial benefit or detriment to the commissioner or councilor involved or their relative or a close business relationship. The City had a requirement over and above state law that if there was potential a councilor or commissioner's independent judgment could be impaired, they needed to disclose that or recuse themselves it 'they were unable to make a fair decision. Councilor Voisin left the meeting at 7:10 p.m. 4. Continued discussion of downtown behavior issues and additional approaches City Administrator Dave Kanner suggested Council prioritize or narrow down the list they directed staff to review at the November 2, 2015 regarding downtown behavior issues. Councilor Seffinger agreed and suggested three priority items that included legal staff looking at an aggressive panhandling ordinance, coordinating with community groups to develop educational programs to help individuals in need and have Council look at options to increase funding law enforcement with downtown safety as a priority and the possible use of cadets. Council preferred addressing the entire list over a period of time, identifying other organizations that could take on some of the items listed and involving the League of Oregon Cities to determine what the City could or could not enforce. Council suggested involving Options for Homeless Residents of Ashland (OHRA) and the Culture of Peace Commission. One suggestion would have two uniformed officers downtown six days a week during the tourist season. Another comment added maintenance and damage done to public restrooms in City parks and cleaning up campsites to the list. Meeting adjourned at 7:30 p.m. Dana Smith Assistant to the City Recorder City Council Business Meeting November 17, 2015 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 17, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at the Civic Center Council Chambers at 7:00 p.m. ROLL CALL Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh were present. Councilor Lemhouse was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Public Arts and Transportation Commissions. Councilor Marsh noted a recent vacancy on the Housing and Human Services Commission as well. The Mayor went on to announce an Informational Session titled the Rules and Regulations Context for the Normal Neighborhood Master Plan scheduled for Monday, November 23, 2015 in the Siskiyou Room of the Community Development Building from 7:00 p.m. to 9:00 p.m. APPROVAL OF MINUTES The minutes of the Study Session of November 2, 2015 and Business Meeting of November 3, 2015 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Public Arts Commission Public Arts Commission Chair Margaret Garrington presented the annual report to the Council. The Commission worked on the following over the past year: • Gateway Island Project • Theater Corridor • City Welcome Signs • New public art pieces "Fall Splendor" located adjacent to the top of the Calle staircase below Granite Street, a mosaic "Marty" a the base of Bandersnatch Trail and this summer will decorate three utility boxes at the North Mountain Park The Commission was planning a pilot project that would replace hand painting utility boxes. They also completed the on-line Story Map Tour of public art and thanked the Ashland Chamber of Commerce and City staff for their assistance. The Public Arts Commission would meet this spring to develop goals for the next three years. Council voiced their appreciation for the Commission and the value of the new on-line program. Management Analyst Ann Seltzer added her thanks to the Ashland Chamber of Commerce and those that worked on the project. 2. Presentation on road funding lobbying efforts Public Works Director Mike Faught introduced At Densmore of John Watt Associates (JWA). Mr. Densmore shared his legislature experience and updated Council on his lobbying efforts for funding the East Nevada Street Extension project. It was challenging to secure financing for bridge projects and there had been no higher-level government changes for building bridges. The City's project created connectivity that provided potential for funding. He recommended Council make a presentation at the short session of the legislature. The City should be part of the state transportation package coming forward. City Council Business Meeting November 17, 2015 Page 2 of 7 PUBLIC FORUM Dennis Slattery/Pi nee rest Terrace/Thought the terms aggressive panhandlers, abusive lawbreakers, criminals, recreational homeless who took resources and energy away from those that needed it the most as an accurate description for travelers. He wanted to talk about not enabling a culture that had increased in many ways downtown. This was not an issue of homelessness, free speech, fear, or dress. It was about abusive, illegal, and unacceptable behavior and common decency. Council should review the direction the Resource Center manager was taking with the Center. The community should not tolerate the abusive language and behaviors exhibited by the travelers or enable them. Joseph Kauth/1 Corral #13/Expressed concern with the Mt. Ashland Forest Resiliency cut. Cutting big trees allowed invading forces to establish dominance. Other issues mentioned were the regional epidemic of methamphetamine, a drug and mental illness care program versus growth development and the noxious weed act of 1993 that Council should address. Nancy Parker/456 Euclid Street/Spoke regarding the Citizen Planning Advisory Committee (CPAC). She read CPAC duties from Chapter 2.27 of the Ashland Municipal Code (AMC) and submitted the document into the record. Former Mayor Cathy Shaw dissolved CPAC in 1990s. Ms. Parker encouraged Council to reestablish the committee. Huelz Gutcheon/2253 Hwy 99/Agreed with Mr. Slattery's testimony. He went on to explain it was time to celebrate innovation. The community had zero net energy and now autonomous homes and buildings were available that did everything on their own cheaper. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Approval of a resolution titled, "A resolution of the City Council of the City of Ashland, Oregon, authorizing financing for Garfield Park improvements" 3. Approval of a liquor license application for Andrew Van Slee dba Wiley's Trattoria 4. Request for Council permission to submit a land use application that includes the use of public sidewalk right-of-way and the airspace above 5. Award of bid to the apparent low bidder for the Talent Ashland Phoenix Emergency Pipeline permanent pump station 6. Approval of a change order in excess of 25% for the Terrace St. pump station improvement project pump rental 7. Request for sewer connection to a residence located outside the City limits and within the Urban Growth Boundary 8. Approval of Franchise Agreement with Avista Corporation Council pulled Consent Agenda items #4, #5, and #8 for discussion. Community Development Director Bill Molnar addressed Consent Agenda item #4 and confirmed that balcony standards were included in the Downtown Design Standards. Balconies in historic buildings could trigger an exception to the standards. Alan Sandler added the building was built in the 1800s and never rebuilt. Public Works Director Mike Faught, Engineering Services Manager Scott Fleury, and RH2 Engineer Jeff Ballard addressed Consent Agenda item #5 and explained the project did not have contingency money beyond construction. They were confident this was enough for the project but acknowledged the unexpected could occur and result in change orders to the contract. Requesting additional contingencies rarely happened. Mr. Ballard further explained the allocation process used for bids, contracts, and covering risk. Councilor Rosenthal/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion approved. City Council Business Meeting November 17, 2015 Page 3 of 7 Avista Utilities Representative Steve Vincent spoke to Consent Agenda #8 and commented on the positive work relationship Avista had with the City. PUBLIC HEARINGS (None) UNFINISHED BUSINESS 1. Continuation of the first reading of ordinances titled, "An ordinance amending the Ashland Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter 18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." and move to second reading Motion on the table from October 20, 2015 Council meeting: Councilor Voisin/Lemhouse m/s to approve first reading of ordinance "An ordinance amending the Ashland Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter 18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." And adding the amendment as recommended by Planning Commission to add new section 18.3.4.060 A (5) Conformance with Open Space Network Plan: New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved and enhanced. a) The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b) The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system of greenways. c) The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing storm water, and protect future development from flood hazards. d) The application demonstrates that scenic views considered important to the community are protected, and community character and quality of life are preserved by buffering areas of development from one another. Councilor Marsh/Lemhouse m/s to amend motion to change in section 18.3.4.030 C. Amendments (b)(3) Minor Amendment - Type I Procedure to Type H Procedure. Roll Call Vote on the amendment: Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES; Voisin, NO. Motion passed 5-1. Councilor Morris/Marsh m/s to separate the main amended motion that included the recommendation by the Planning to Commission to add a new section 18.3.4.060 A (5). Roll Call Vote: Morris, Lemhouse, Seffinger, Rosenthal and Marsh, YES; Voisin, NO. Motion passed 5-1. (1) Councilor Voisin/Lemhouse m/s to approve first reading of ordinance "An ordinance amending the Ashland Municipal Code creating a new Chapter 18.3.4 Normal Neighborhood District, amending Chapter 18.2.1.020 to add a Normal Neighborhood zoning classification, and amending Chapter 18.2.1.040 to add a Normal Neighborhood Special District." DISCUSSION on part (1) of amended motion: Senior Planner Brandon Goldman clarified staff excluded conservation areas including wetlands, flood plains, and corridor lanes of the Water Resource Protection zones from the acreage for calculating minimum density in the Normal Neighborhood Plan (NNP). It ensured someone would not use those areas to increase the density on the remaining property. Community Development Director Bill Molnar added computing the minimum density requirement for annexing did not require consideration of unbuildable areas such as City Council Business Meeting November 17, 2015 Page 4 of 7 wetlands. Mr. Golden noted Section F of the Annexation ordinance excluded undevelopable areas from the maximum density calculation and was consistent with total number of housing units in the NNP. Properties providing affordable units as part of the annexation process qualified for a maximum density bonus of 25%. Council suggested adding a reference to the Normal Plan regarding the 25% density bonus. Roll Call Vote: Councilor Voisin, Morris, Seffinger, Rosenthal, and Marsh, YES. Motion passed. (2) And adding the amendment as recommended by Planning Commission to add new section 18.3.4.060 A (5) Conformance with Open Space Network Plan: New developments must provide open space consistent with the design concepts within the Greenway and Open Space chapter of the Normal Neighborhood Plan Framework and in conformance with the Normal Neighborhood Plan Open Space Network Map. The open space network will be designed to support the neighborhood's distinctive character and provide passive recreational opportunities where people can connect with nature, where water resources are protected, and where riparian corridors and wetlands are preserved and enhanced. a) The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement, and mitigation measures. b) The application demonstrates that connections between open spaces are created and maintained providing for an interlinked system of greenways. c) The application demonstrates that open spaces function to provide habitat for wildlife, promote environmental quality by absorbing, storing, and releasing storm water, and protect future development from flood hazards. d) The application demonstrates that scenic views considered important to the community are protected, and community character and quality of life are preserved by buffering areas of development from one another. DISCUSSION on the (2) portion of the main motion: Councilor Marsh thought the earlier amendment that made the minor amendment a Type 11 instead of Type I provided assurances that the Planning Commission would review any application to change the open space. Mr. Goldman clarified a need to make a correction to the October 6, 2015 minutes regarding the motion changing the minor amendment to a Type II. The motion and minutes were corrected. Roll Call Vote: Councilor Marsh, Rosenthal, Seffinger and Morris, YES; Councilor Voisin, NO. Motion passed 4-1. Second reading for all Normal Neighborhood ordinances would occur at the December 15, 2015 meeting. Staff will outline amendments made to all three ordinances for Council discussion. The public will have an opportunity to speak only to those changes during public testimony. Council discussed review triggers and the ability to make changes to the Master Plan in the future. City Attorney Dave Lohman shared concerns that setting an arbitrary figure whether it was number of houses or a date may create an incentive to develop as quickly as possible. Council could always change the Master Plan. Not having a trigger would allow Council to respond to the actual circumstances. Staff would bring back options for Council to consider. Councilor Marsh/Voisin m/s to continue second reading of Normal Neighborhood Plan ordinances amending the Comprehensive Plan, Comprehensive Plan Maps, and Transportation System Plan to December 15, 2015. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending AMC 9.08.010 and 9.08.040 concerning keeping of animals" City Council Business Meeting November 17, 2015 Page 5 of 7 City Attorney Dave Lohman read changes to 9.08.010 (1) regarding the definition of livestock. The second change related to making an exemption to horses under 9.08.040 (G) (1). Councilor Seffinger/Marsh m/s to amend 9.08.040 (G) to allow mules to be ridden in the city where it is reasonable and prudent for horses to be ridden in the city. DISCUSSION: Councilor Voisin questioned enforcing the amendment. Mr. Lohman clarified this was an exemption for horses and the amendment added mules. Councilor Morris noted the basic rule and commented in the past how common sense replaced many of the laws and had concerns regarding enforcement as well. Police Chief Tighe O'Meara explained the exemption was feasible and explained how enforcement would work. Mr. Lohman added the Parks and Recreation Department had a similar concern regarding farm animals in parks. Roll Call Vote: Councilor Marsh, Rosenthal, Morris, and Seffinger, YES; Councilor Voisin, NO. Motion passed 4-1. Councilor Morris/Rosenthal m/s to approve Ordinance 43111 as amended. Roll Call Vote: Councilor Marsh, Rosenthal, Morris, and Seffinger, YES; Councilor Voisin, NO. Motion passed 4-1. 2. Second reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 9.16 to require dog licensing and declare certain dog behaviors to be public nuisances" City Attorney Dave Lohman read aloud the changes to the ordinance amending Section 9.16.005(F)(3) Definitions, Section 9.16.020 Potentially Dangerous Dogs and 9.16.070 (A)(8) Public Nuisance. Councilor Seffinger[Rosenthal m/s to include in Section 9.16.020 relating to dangerous dogs, Section 9.16.070 (A) "or wolf dog hybrid" in the provision. Roll Call Vote: Councilor Rosenthal, Morris, Seffinger, and Marsh, YES; Councilor Voisin, NO. Motion passed 4-1. Councilor Seffinger/Marsh m/s to approve Ordinance #3112 as amended. DISCUSSION: Councilor Seffinger thought it was a safety issue within the city. Councilor Marsh agreed, this was a basic health and safety issue and the community will continue to make sure people who could not afford to vaccinate their dog had access to free or reduced services. Police Chief Tighe O'Meara confirmed the Police Department could cite a homeowner whose dog jumped out of their house to confront a passerby. Councilor Seffinger noted a concern from citizens regarding houses with dogs protecting marijuana grows lunging and frightening neighbors. Councilor Morris thought this was another common sense rule and spoke to a lack of disrespect people had for each other lately. Councilor Voisin did not think the ordinance would change behavior. Police Chief O'Meara described the steps and arrest scenarios the Police Department took regarding aggressive dog behavior from a home or when the Police arrested a homeless individual with a dog. Mr. Lohman noted the ordinance identified a "keeper" and not necessarily the owner. Councilor Marsh responded to Councilor Voisin, explained the ordinance set a level of expectations and standards in the community for dog owners, and thought over time it could change behavior. Councilor Rosenthal agreed with Councilor Marsh. Council had heard repeatedly from citizens not feeling safe in the downtown because of aggressive dog behavior. Councilor Voisin wanted to hear from some of the people who encountered unsafe situations with dogs in the downtown area. Councilor Marsh/Rosenthal m/s to call for the question. Roll Call Vote: Councilor Marsh, Rosenthal, Seffinger, Morris, and Voisin, YES. Motion passed. Roll Call Vote on main motion: Councilor Rosenthal, Morris, Seffinger, and Marsh, YES; Councilor Voisin, NO. Motion passed 4-1. 3. Second reading by title only of an ordinance titled, "An ordinance amending Chapter 10.120.020 to add two offenses as possible elements of the crime of persistent violation" City Attorney Dave Lohman read aloud the changes to the ordinance adding two additional violations to City Council Business Meeting November 17, 2015 Page 6 of 7 Section 1 (f) 9.16.015 Dog License Required and (g) Measure 91, Section 54 Use of marijuana in public place prohibited. It would delete 10.120.020 (3) Three or more Class C misdemeanors and add "C" misdemeanors to 10.120.020 (A)(1). Mr. Lohman clarified marijuana prohibited in public was state statute and referred to any kind of use. Police Chief Tighe O'Meara further clarified passing a marijuana cigarette to someone in public or eating marijuana-laced food in public construed use. Medical marijuana cardholders were not allowed to smoke or ingest medical marijuana in public. Councilor Rosenthal/Morris m/s to amend Section 1(A)(1) to reflect three or more Class A, B, or C, felonies or Class A, B, or C misdemeanors and delete (3) and approve second reading of Ordinance 93113. Roll Call Vote: Councilor Seffinger, Marsh, Morris, and Rosenthal, YES; Councilor Voisin, NO. Motion passed 4-1. 4. Second reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 10.120.010 to add Bill Patton Garden to existing enhanced law enforcement area" City Attorney Dave Lohman explained the Bill Patton Garden was an area that incurred a high level of petty offenses. Including it in the enhanced law enforcement area would allow the judge to expel a person from the downtown area for 3-12 months. Councilor Seffinger/Marsh m/s to approve Ordinance #3114. DISCUSSION: Councilor Seffinger thought including the area was appropriate. Similar behaviors were occurring and it was adjacent to other enhanced law enforcement areas. Councilor Marsh reiterated Mr. Lohman's earlier statement that the ordinance did not prohibit people from accessing the area. However, it established an expectation of behavior when they were there. Councilor Voisin would support the ordinance after an earlier conversation with the Police Chief. She did not think any of the ordinances dealt with the real issues. Councilor Marsh pointed out if someone was not behaving badly they should be entirely unaffected by any of the ordinances. The ordinance would not cast anyone off the streets and targeted specific behavior. Councilor Voisin clarified her comments were directed to people showing no respect and none of the ordinances would deal with that. She did not want the Police Department dealing with social behavior. Mayor Stromberg explained staff worked on the ordinances long before the current issues that occurred over the summer. The City attorney was researching the feasibility of ordinances addressing the negative behavior and encounters people had experienced recently. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Voisin, and Seffinger, YES. Motion passed. 5. Second reading by title only on an ordinance titled, "An ordinance amending AMC 9.18.020 to include additional definitions of behavior constituting elements of chronic nuisance" City Attorney Dave Lohman explained the proposed ordinance would add two fire code violations, failure to maintain means of egress, and allowing overcrowding. Councilor Marsh/Rosenthal m/s to approve Ordinance #3115. DISCUSSION: Councilor Rosenthal thought the ordinance would address the establishments that treated paying fines for overcrowding and blocked exits as a cost of doing business. Councilor Marsh added the ordinance would enhance docurnentation of behaviors that could add up to sanction from the Oregon Liquor Control Commission. Roll Call Vote: Councilor Seffinger, Voisin, Rosenthal, Morris, and Marsh, YES. Motion passed. 6. Second reading by title only on an ordinance titled, " An ordinance amending the "owner" definitions to AMC Chapters 1.04 General Provisions, 2.31 Uniform Violation Abatement process, 9.04 Weed abatement, 9.08 Nuisances, and 13.20 Local Improvements and Special Assessments" City Attorney Dave Lohman suggested amending the ordinance so the lien for abatement costs got the highest priority possible under state law. The ordinance would hold the owner and holders of security City Council Business Meeting November 17, 2015 Page 7 of 7 interest in the property accountable for abatement. Council agreed and Mr. Lohman read aloud the changes to the ordinance that eliminated Section 2.31.040 (D), added or amended 13.20.120 (B) Priority of Assessment Liens, (C) Interest, and (D) Foreclosure. Councilor Seffinger/Morris/ m/s to approve Ordinance #3116 as amended by staff. DISCUSSION: Councilor Seffinger explained the ordinance was important to the community and neighbor's safety and the value of their homes. Councilor Morris thought it should have happened years ago. Councilor Rosenthal added it would end the run around often encountered by the Fire Department and staff. Roll Call Vote: Councilor Marsh, Rosenthal, Seffinger, and Morris, YES. Motion passed. Councilor Voisin was absent during the vote. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Marsh met with representatives from the Bureau of Land Management (BLM) from Colorado and Washington DC regarding an assessment of the Cascade-Siskiyou Monument. Councilor Rosenthal shared the Ashland Climate Challenge that occurred November 15, 2015 in the Ashland Historic Armory was a huge success and well attended. He went on to note the Southern Oregon University (SOU) football and volley ball teams were in the national playoffs Saturday November 21, 2015 at SOU. Councilor Voisin reported on decisions made by the Historic Commission regarding the Gateway Art Project. City Attorney Dave Lohman noted information on parking regulations was delayed. City Administrator Dave Kanner explained the video and audio upgrade to Council Chambers would begin January 20, 2016 and take two weeks. The upgrade would include changes to the television streaming in the lobby and adding a speaker podium. Mayor Stromberg expressed appreciation for the efforts made by the City Administrator and City Attorney regarding the volume of work both had handled recently. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:05 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Ashland Police Department Launch of Drug Amnesty/Treatment Center Placement Program FROM: Tighe O'Meara, Police Chief, Ashland Police Department, tighe.omeara@ashland.or.us SUMMARY The Ashland Police Department is poised to launch a new program that will help facilitate the destruction of illegal drugs as well as the placement of addicted individuals in treatment facilities. BACKGROUND AND POLICY IMPLICATIONS: In 2013 over 8,000 people in the United Stales died as a result of heroin overdoses (OD). In addition, almost 16,000 died as a result of opioid OD, and an additional 12,000 from cocaine and benzodiazepine OD. (Benzodiazepines are psychoactive drugs that address problems such as anxiety, insomnia, seizures and other issues.) In 2013 three members of the Ashland community died from heroin OD, and in 2014 Ashland Fire & Rescue responded to 42 calls of citizens suffering an OD. In an attempt to better protect the lives of all members of the community, the APD recently began issuing naloxone to its officers. Naloxone allows first responders to immediately counteract an opioid OD and gives the patient a much better chance of survival. Of the 42 calls for OD that AFR responded to in 2014 18 resulted in the delivery of naloxone. The APD intends to offer another progressive, and potentially life changing and life saving option to members of its community to further safeguard against OD and drug dependence in general. APD intends to launch a drug amnesty and treatment program, modeled after the Police Assisted Addiction and Recovery Initiative (PAARI). This model allows for two adjustments to police policy and operations: first, it allows anyone to turn in any quantity of drugs, to the APD, with no questions asked and no sanctions; second, it allows members of the APD to immediately facilitate the placement of the citizen in an addiction treatment facility. This piece will be accomplished through a partnership with On Track, a local non-profit that specializes in such services. These two parts of the program can be accessed independent of each other, or in combination with each other. APD will be the first department in the state to adopt such a program, and the 41st in the country. COUNCIL GOALS SUPPORTED: 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: This program has no fiscal impact on the City. Page 1 of 2 1r, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Council does not need to take action on this item. SUGGESTED MOTION: No motion is needed. ATTACHMENTS: None Page 2 of 2 1r, CITY OF -ASH LAN D ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 13, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins Derek Severson, Associate Planner Debbie Miller Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse ANNOUNCEMENTS Planning Manager Maria Harris announced two upcoming workshops on small scale industrial developments on October 26 in Talent and October 27 in Phoenix. Council Liaison Greg Lemhouse commented on the proposed clean-up of the railroad site and encouraged the commission to watch the video of the council's study session. He also announced the council's discussions of the Normal Neighborhood are ongoing and stated the first reading of the ordinances has been continued to Tuesday, November 3. CONSENT AGENDA A. Approval of Minutes 1. September 22, 2015 Special Meeting. Commissioners Miller/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed unanimously. UNFINISHED BUSINESS A. Adoption of Findings for PA-2015-01370, 210-220 Hersey Street. No ex parte contact was reported. Commissioners Dawkins/Thompson m/s to approve the Findings for PA-2015-01370. Voice Vote: all AYES. Motion passed unanimously. B. Adoption of Findings for PA-2015-01496, 35 South Second Street. No ex parte contact was reported. Commissioners Miller/Brown m/s to approve the Findings for PA-2015-01496. Voice Vote: all AYES. Motion passed unanimously. [Commissioner Pearce abstained] Councilor Lemhouse left the meeting at 7., 10 p. m. Ashland Planning Commission October 13, 2015 Page 1 of 5 TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00797 SUBJECT PROPERTY: 266 Third Street OWNER/APPLICANT: Tanima Bhadra & Brandon Mathew DESCRIPTION: A continued hearing on the appeal of staff's approval of a Conditional Use Permit allowing a four-unit Traveler's Accommodation consisting of three guest units and an owner's unit for the property located at 266-268 Third Street. The application also includes an Exception to the Site Development and Design Standards with regard to the Parking Lot Landscaping and Screening standards in AMC 18.4.4.030.F, which require a five-foot landscape buffer between parking and property lines. No buffer is proposed here. The September 22"d hearing was continued to October 131h to allow noticing of the requested Exception, and testimony at the continued hearing on October 131h will be limited to the Exception to the Parking Lot Landscaping and Screening standards. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E 09AB; TAX LOT: 9500. Ex Parte Contact Commissioners Dawkins and Mindlin declared site visits. No ex parte communication was reported. Staff Report Associate Planner Derek Severson noted this action was heard at the commission's October 13 meeting and it is an appeal of staffs approval to operate a traveler's accommodation with three guest units and one owner's unit at 266 Third Street. Mr. Severson explained at the last hearing an issue arose and it was determined that an exception to the landscaping and screening standards in 18.4.0305 was necessary, which requires a 5-foot landscape buffer between parking and property lines. This hearing was continued to tonight so that the application could be re-noticed with the addition of the exception request. Mr. Severson reviewed the criteria to grant to exception: E. 7. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of the site,- and appro val or the exception will not substantially negatively impact adjacent properties,- and approval of the exception is consistent with the stated purpose of the Site Development and Design Standards, and the exception requested is the minimum which would alleviate the difficultly, or E.2. There is no demonstrable diffculty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development Design Standards. Mr. Severson stated staff is supportive of the exception and recommended approval of the application with the revised conditions as outlined in the staff report. Questions of Staff Mr. Severson clarified if the applicant's survey shows there is insufficient space to accommodate the required parking space, approval will only be granted for two traveler's accommodation units instead of three. He verified another option would be for the applicant to reach an agreement with the adjacent property owner for the needed space. Applicant's Presentation Teresa Safay/120 High St/Stated she is speaking on behalf of the applicants and assured the commission the applicants will have a survey done and they are confident they have the space needed to meet the parking requirements. Ms. Safay stated the applicant's were told by staff that the screening and buffer requirements would not be an issue, and stated the adjacent parking that serves the neighboring property does not have a 5-foot buffer either. Commissioner Mindlin closed the record and the public hearing. Deliberations & Decision Mr. Severson clarified review of the applicant's survey will be completed at staff level and, if approved, this action would not need to return to the commission. Commissioner Pearce suggested they approve this action under the exception criteria E.2 Ashland Planning Commission October 13, 2015 Page 2 of 5 as well, and stated even if there were no demonstrable difficultly, the proposal clearly meets the intent of the design standards. Commissioners Pearce/Brown mis to approve the application and the exception under 18.4.050.E.1 and 18.4.050.E.2. Roll Call Vote: Commissioners Miller, Pearce, Norton, Brown, Dawkins, Thompson, and Mindlin, YES. Motion passed unanimously. B. PLANNING ACTION: PA-2015-01517 SUBJECT PROPERTIES: 209 Oak St., 221 Oak St., 225 Oak St. and 11 B St. (And shared driveway partially on 237-239 Oak St.) OWNER/APPLICANT: Spartan Ashland Natalie Real Estate, LLC AGENTS: Kistler, Small & White, Architects DESCRIPTION: A request for Outline Plan, Final Plan and Site Design Review approvals for the properties at 209 Oak Street, 221 Oak Street, 225 Oak Street and 11 B Street. The proposal includes the renovation of two existing, historic homes; the construction of six townhouses along B Street; and the construction a new, detached residential cottage. Also included are requests for a Variance to allow a 15-foot wide, one-way driveway where a 20-foot driveway width would typically be required; two Conditional Use Permits to allow a 25 percent increase in the Maximum Permitted Floor Area, and to allow a commercial use within an existing, historic residential building; an Exception to the Street Standards to allow a curbside sidewalk along B Street where a planting strip would typically be required between the curb and the sidewalk; an Exception to the Site Development and Design Standards to allow the placement of a new residence on proposed Lot #9 to be placed behind the setback line of adjacent historic buildings; and a Tree Removal Permit to remove two trees which are within the footprints of proposed buildings. (The proposal involves use of the existing driveway which is partially located on the adjacent property to the north at 237239 Oak Street,• this property's owner has signed to allow the application to move forward using the shared driveway.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E 09613; TAX LOTS: 15600,15700,15900 and 16000. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Pearce, Miller, Norton, Thompson, Mindlin, Brown, and Dawkins declared site visits. Commissioner Dawkins explained that his niece is married to the nephew of the contractor who may benefit from this action, however this matter has no potential financial benefit or detriment to himself or any family member. He stated he is able to exercise independent judgment and the public interest in his primary concern. Staff Report Associate Planner Derek Severson explained the subject property is located on four tax lots at Oak and B Streets and the application involves a number of components, including: • Outline Plan, Final Plan, and Site Design Review approvals to renovate two existing historic homes and demolish one; • Construct six townhomes along B Street; • Construct a new detached residential cottage; • A variance to allow a 15 ft., one-way driveway where a 20 ft. driveway would typically be required; • A conditional use permit to allow a 25% increase in the maximum permitted floor area; • A conditional use permit to allow a commercial use in an existing historic residential building; • An exception to the Street Standards to allow a curbside sidewalk along B Street where a planting strip would typically be required between the curb and the sidewalk; • An exception to the Site Development and Design Standards to allow the placement of a new residence on proposed Lot #9 to be placed behind the setback line of adjacent historic buildings; and • A tree removal permit to remove two trees which are within the footprints of the proposed buildings. Mr. Severson stated this proposal went before the Historic Commission for review however they postponed this action until their November meeting; requested the applicant's submit additional information; and requested the Planning Commission Ashland Planning Commission October 13. 2015 Page 3 of 5 postpone their decision as well. During their review the Historic Commission indicated the cottage setback was a good use of space and preserves the character of the property, and the exclusion of a parkrow along B Street was appropriate. However, they stated the slanted partitions separating the condominiums were not desirable, the metal roofing was not appropriate, and recommended denial of the conditional use permit for the commercial use. Mr. Severson noted the Tree Commission had a similar request and asked for more information from the applicant, and that documentation has been received and is included in the packet materials for tonight. Mr. Severson stated staff concurs with both advisory bodies and recommended the Planning Commission hear from staff and the applicant tonight, identify any issues or additional information they need, leave the record open, and continue the hearing to their November meeting. Mr. Severson reviewed the current site and the surrounding structure; presented several photos; and displayed the outline and final plan, site plan, tree protection plan, landscape plan, and elevation drawings. He noted staff would prefer for the city's parkrow and sidewalk standards to be met, but if the commission feels that an exception is merited staff suggests a minimum 6 ft. sidewalk width. He added the commission should consider whether the trees would survive construction and if this is unlikely, staff would recommend the trees be removed and new trees planted to establish a canopy along this corridor. Comment was made that one of the trees looks like it is right in the middle of where steps are proposed, and another has its dripline impacted by a patio. Mr. Severson acknowledged this concern and stated this is why staff asked that an arborist evaluate the proposal and weigh in on whether the trees could accommodate the development. Mr. Severson clarified the Historic Commission did not focus on the sidewalk width, but rather supported the wider porch area and did not want the sidewalk and parkrow requirement to impact the applicant's ability to do this. He added the minutes from the Historic Commission meeting will be ready by the commission's November meeting and can be included in the packet materials. Staff was asked why the new commercial building on the corner of Water and B Street was granted 5.5 ft. sidewalks. Mr. Severson explained an exception was approved at the time because the development transitioned to an established corridor that was narrower and was deemed unlikely to redevelop. However the commission now has the full block before them and has the opportunity to bring this area closer into conformance with the current sidewalk standards. Comment was made that it is not clear where the studios will be located and the applicant's were asked to provide additional detail on the proposed floorplans. Additional requests were made for the applicant's to clearly label the parking and circulation diagrams, and for the Historic Commission to clarify whether they felt the metal roofs were inappropriate on all the structures or just the two historic homes. Applicant's Presentation Ray Kistler and Leslie Gore/Kistler, Small & White Architects/Applicant's representatives/Mr. Kistler commented on the roofing materials. He stated asphalt shingles are not a supported material in the building and architectural community and does not want to put this on any building he is involved with. He commented on the density of the project and stated this area is zoned R-2 but the density will be similar to some R-1 neighborhoods. Regarding the sidewalks, Mr. Kistler stated the Historic Commission felt the proposed width worked better because it benefited the front porch design. He added parkrows are intended to protect pedestrians from moving traffic, however in this location the on-street parking is heavily used and the parked vehicles provide this protection. Mr. Kistler commented on the overall design of the project and stated the urban look was specifically selected for this unique area that is half a block off the plaza. He clarified two studio units were originally planned for the Mickelson house on the corner; however, if the commercial use is approved the two studios would go away and this would be office space only. He added there are commercial buildings on all three of the other corners on this block. Mr. Kistler responded to the question raised about the tree in the middle of the staircase and clarified the steps would go around the tree. Ms. Gore reviewed the project site and the design of the proposed buildings. She noted the bay windows and recessed doorways and cited the one-way traffic. Ms. Gore stated inspiration for the project was taken from the Old Mill District in Bend and they believe this is a good transition between the Railroad District and downtown. She stated the neighborhood is unique within the city and this project was specifically designed for this block. Mr. Kistler clarified a few of the Historic Commissioners were uncomfortable with the 4 ft. firewall partition between the townhouse units, but noted these do no extend out past the bay windows and stated they match the frontage on the Winston Building. Questions of the Applicant Trees Comment was made that any extension of the sidewalk would encroach into the root system of the trees, and the removal of the cement retaining wall would likely expose roots. Mr. Kistler agreed and stated if the sidewalk is widened the trees would have to be removed. Ms. Gore clarified if the trees were removed a 6 ft. sidewalk could be installed and they could still maintain the larger porch design preferred by the Historic Commission. She added this would allow quite a bit of landscape area in front of the porches. The applicant was asked whether trees could be planted with this design. Mr. Kistler stated Yes, and clarified they are planning on planting additional trees regardless of whether the three Ash trees remain. Comment was made expressing concern with the arborist's statement that these trees would survive and request was made for the applicant to provide something more substantive on this determination. Roofing Material Mr. Kistler clarified that asphalt shingles are outlawed in most countries in Europe due to their toxicity and recommended against their use. Ms. Gore added a number of historic buildings have metal roofs and stated the proposed roof would not be bright but rather would be a darker shade compatible with the Historic District. Comment was made that a pitched roof design would be more compatible for the residential units. Additional comment was made that the applicant's design along the Oak Street frontage keeps with the historic neighborhood, but once on B Street the units are more urban. Mr. Kistler commented on the angle of the fire partition wall and stated this design element mirrors what was done next door and their intent was to tie the block together. He clarified if the doors were moved to the outside of the units the firewall would not be necessary; however, this would require the stairs to be moved and would necessitate the removal of some of the windows. Traffic Circulation & Parking Comment was made expressing concern with the internal circulation and how people would access the recreation area. Mr. Kistler stated the recreational space will require a retaining wall on one side to make it the same grade as the carport. Concern was expressed with the proposed driveway width and the applicant's were asked if the driveway onto B Street could be widened. It was noted that with the additional vehicle trips this development will generate, it would be nice to have another access into the site. Request was made for the applicant's to provide clear information on the number of units requested so that staff can conduct their parking analysis. Comment was made that the handicap space for the commercial use is a long way from the office and disabled persons would have to pass behind the other parking spaces. The applicants were encouraged to check with the Building Division to ensure this meets the requirements. Mr. Kistler noted that if the commercial use is not approved, the ADA parking space would not be needed. Comment was made voicing support for the suggestion to widen the driveway onto B Street and provide an alternative access point. Studio Units The applicant was asked to clarify where the studio units would be located. Ms. Gore stated the smaller historic house would be studios and the Mickelson house on the corner would be the commercial space. Mr. Kistler clarified to meet the minimum density requirement they need two offices and two studios. Ms. Harris corrected the applicant and stated minimum density does not apply to this project because it is in the Historic District. She added the base density is 11 units and while there are limitations on mass and scale the applicants could have chosen to do more, smaller units. No other questions were raised and Commissioner Mindlin announced the hearing will be continued to the November 10, 2015 Planning Commission meeting. ADJOURNMENT Meeting adjourned at 9:30 p.m. Submitted by, April Lucas, Administrative Supervisor CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Liquor License Application for Josh Hamik dba Boulevard Coffee/Stratford Inn FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application for Josh Hamik dba Boulevard Coffee/Stratford Inn at 555 Siskiyou Boulevard. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - New Outlet. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. 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 Josh Hamik dba Boulevard Coffee/Stratford Inn ATTACHMENTS: Liquor License Application Page 1 of I OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION A;,L,Iicpltion is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: 01 Full On-Premises Sales (S402.60iyr) ❑ Change Ownership 0 Commercial Establishment New Outlet The City Council or County Commission: El Caterer 0 Greater Privilege _ Passenger Carrier El Additional Privilege (name of city or county? Other Public Location Other _ recommends that this license be: F1 Private Club Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied Off-Premises Sales ($100/yr) ey - ❑ with Fuel Pumps (signature) Nate) Brewery Public House ($252.60) Q Winery (5250/yr) Other Title. 90-DAY AUTHORITY OLCC U E] Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Application R - c'd by: Sale; license and are requesting a 90-Day Temporary Authority a APPLYING AS; Date: DLimited ❑ Corporation Q Limited Liability []individuals Partnership Company y0 day authority: ❑ Yes No 'l. Erifity or Individuals applying for the license: [See SECTION 1 of the Guide] i, Stratford LLC r1 2. Trade Name (dba) _Boulevard Coffee/Stratford Inn Business Location:555 Siskiyou Blvd, Ashland, Jackson County, Oregon, 9`1520 (number. street, rural route) (city) (county) (state) (7IP -'ode! 4. Business Mailing Address: same (PO box, number, street, rural route) (city) (state) (71P rr;;deI Business Numbers: Stratford Inn 541-482-2151, Boulevard Coffee 541-482-0456 and fax 541-482-0479 (Phone) "fax) 6. Is the business at this location currently licensed by OLCC? []Yes [jNo 7. if yes to whom:_-, _____Type of License:-_- 8 Former Business VVii! you have a manager? OYes []No NarT)e:Allison Hamik (manager must fill out an Individual History form; 0 VViat is the local governing body where your business is located?Ashland (name of city or countyl 11 Contact person for this application: Josh Hamik 541_840-_6929 (Herne) (Phone nurnher(5)) 5`.45 Siskiyou Blvd Ashland OR - 541-482-0479 josh.harnik@gmail.com _ laddress) (far. number) (e-mail address) i understand that if y an`rs are not true and complete, the OLCC may deny my license application. Applicant(s.). ture n Date: Date_ Uate, - Date 1-800-452-01-CC (6522) • www.orcgori.gov/otc.c CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Liquor License Application for Merrill Smith dba La Baguette Bakery FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application for Merrill Smith dba La Baguette Bakery at 340 A Street #2. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - New Outlet. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. 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 Merrill Smith dba La Baguette Bakery. ATTACHMENTS: Liquor License Application Page 1 of I pw`, OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: ❑ Full On-Premises Sales ($402.60/yr) 0 Change Ownership ® Commercial Establishment 13-New Outlet The City Council or County Commission: ® Caterer [3 Greater Privilege Passenger Carrier Q Additional Privilege (name of city or county) ® Other Public Location Q Other ® Private Club recommends that this license be: SUmited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied E3 Off-Premises Sales ($100/yr) By: with Fuel Pumps (signature) (date) ❑ Brewery Public House ($252.60) Name: ® Winery ($250/yr) ® Other: Title: 90-DAY AUTHORITY 13 Check here if you are applying for a change of ownership at a business OLCC U ' that has a current liquor license, or if you are applying for an Off-Premises Application Rec' y' Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: G ®Limited ® Corporation ® Limited Liability I dividuals Partnership Company 90-day authority: ❑ Yes t 1. E tity or Individuals applying for the license: [See SECTION 1 of the Guide] © T 2. Trade Name (dba): V e L I L ID 3. Business Location: l Z L Q u~ (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: SO A 6v- W-z- (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: L - n e (phone) (fax) 6. Is the business at this location currently licensed by OLCC? ]Yes Wlo 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager? ®Yes klo Name:A (manager mu t fill out n Indivi al History form) 10. What is the local governing body where your business is located? (name of city or county) 11. Contact person for this application: t ~k t- y I - - name) II (phone number(s)) ZIO 5`Z er r< <t. (address) (fax number) (e-mail address) I understand that if my answers are not true and complete, the OLCC may deny my license application. Applic nt(s) Signature and te: Date L15 30 Dial , _ t; . © Date T Date 1-800-452-OLCC (6522) a www.oregon.gov/olcc (rey. 08/2011) CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Resolution Adopting a Supplemental Budget Establishing Appropriations within the Biennium 2015-17 Budget FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY Staff has identified the need to request a supplemental budget to recognize the transfer of You Have Options Program funds to Jackson County SART for management and to facilitate the migration of the City's financial software sooner than expected for efficiency and cost reasons. The change in financial software requires an internal loan from the Equipment Fund to Central Services that will be paid back in the coming years with savings from banking fees. The approval of the supplemental budget request recognizes related resources and appropriates for these activities in the 2015-17 biennium. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget Law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in a newspaper of record prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the Council taking action. The proposed resolution authorizing the transfer and supplemental budget is less than 10 percent of the total appropriations of any affected fund (Item #2 above) and does not create a new expenditure category so a public hearing is not required. The adjustments in the resolution total $1,015,155 as summarized below: • General Fund, Police Department - to appropriate for payment of funds for the You Have Options Program being transferred to Jackson County Sexual Assault Response Team (SART) for administration $40,155 • Central Service Fund, Administrative Services Department - to appropriate for the purchase and migration of financial software funded by transfers and interfund loan $575,000 • Equipment Fund, Public Works, Maintenance - to appropriate a capital interfund loan to the Central Service Fund for the purchase and migration of financial software $400,000 TOTAL APPROPRIATIONS INCREASED $1,015,155 Page I of 2 Ir, CITY OF ASHLAND FISCAL IMPLICATIONS: Supplemental budgets recognize increased revenues as well as increase corresponding appropriations in the fund(s) where they occur. This supplemental budget includes an interfund loan from the Equipment Fund to the Central Service to be repaid per terms contained in the resolution. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends council approve the proposed resolution. SUGGESTED MOTION: i move to adopt a resolution authorizing a supplemental budget in the General Fund in the amount of $40,155, in the Central Service Fund of $575,000 and an interfund loan in the Equipment Fund of $400,000 as presented. ATTACHMENTS: Proposed Resolution Supplemental Budget Memo, Police Department Supplemental Budget Memo, Finance Department Legal ad noticing the supplemental budget Pagc 2 of 2 RESOLUTION NO. 2015- A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET INCREASING APPROPRIATIONS WITHIN THE 2015-2017 BIENNIUM BUDGET Recitals: ORS 294.480 permits the governing body of a municipal corporation to make a supplemental budget for the fiscal year for which the regular budget has been prepared under one or more of the following reasons: a. An occurrence or condition which had not been ascertained at the time of the preparation of a budget for the current year which requires a change in financial planning. b. A pressing necessity which was not foreseen at the time of the preparation of the budget for the current year which requires prompt action. c. Funds were made available by another unit of federal, state or local government and the availability of such funds could not have been ascertained at the time of the preparation of the budget for the current year. d. Other reasons identified per the statutes. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to adopt a supplemental budget, establishing the following additional appropriations: General Fund Appropriation: Police Department $40,155 Resource: Intergovernmental Revenues $40,155 To appropriate funds from You Have Options Program (YHOP). This was collected by city of Ashland and is now being handled through Jackson County SARI. Central Service Fund Appropriation: Administrative Services Department $575,000 Resources: Interfund loan (Revenue) $400,000 Working Capital Carryover $175,000 To appropriate for the cost to migrate financial software from Eden to Munis, both a Tyler Technology product. This requires a capital interfund loan that will be repaid with annual payments of up to $100,000 (interest calculated on the actual monthly interest earned in the Local Government Investment Pool and completed no later than fiscal year 2021 per the attached schedule with no prepayment penalty) and a transfer of excess monies beyond the amount budgeted for Working Capital Carryover from the prior year. Page l of') Equipment Fund Appropriation: Interfund Loan (Expense) $400,000 Resource: Ending Fund Balance $400,000 To appropriate an interfund loan to the Central Services Fund for migrating the financial software with the terms identified above. TOTAL ALL FUNDS $1,015 155 1 015.155 SECTION 2. All other provisions of the adopted 2015-2017 BIENNIUM BUDGET not specifically amended or revised in this Supplemental Budget remain in full force and effect as stated therein. SECTION 3. This resolution was duly PASSED and ADOPTED this day of December, 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of December, 2015. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 3 Interfund Loan Repayment Schedule Payment from Central Serveies Fund to Equipment Fund BN 2015-17 Loan Loan Year Principle Est. Int.* Est. Pmt Balance BN 2015-17 $ 400,000.00 FY2018 $ 100,000.00 $ 8,000.00 $ 108,000.00 $ 300,000.00 FY2019 $ 100,000.00 $ 6,000.00 $ 106,000.00 $ 200,000.00 FY2020 $ 100,000.00 $ 4,000.00 $ 104,000.00 $ 100,000.00 FY2021 $ 100,000.00 $ 2,000.00 $ 102,000.00 $ - * Interest estimated at 2%. Maximum Loan Amount $400,000 Repayment No Later than June 30, 2021 No Early Payment Penalty Interest based upon LGIP Actual Page 3 of 3 CITY C )OF ASHLAND Budget Supplemental Request Date: October 20, 2015 Department: Police Department Explanation of request: YHOP monev has been beino collected by Ashland PD with the hopes that eventualiv monev will be handled throuoh Jackson Countv SART. This monev w a.b blot ; Gar c7"' cam,- when ~-t c.~ aS 17-cn3~er-eD 1ck-K:e n -From FY 11e. PeC~ }-rc ro 7-r-/x 5, G&e cLrc-- NGt s,6cr7- f,hj,,S FY 2-0 1(c. New Revenue Account Number Line Item Name Amount 110.430272 Police-Grants $40,155.61 Total Amount of Transfer $ 40,155.61 Additional Appropriations (Expense) Account Number Line Item Name Amount 110.06.12.00.606330 YHOP transfer to JC SART $40,155.61 Total Amount of Transfer $ 40,155.61 Requested B : L_c. )r`1 / rt r / f I( ~l , _>k Y' r~_'_ > C Z S L }1. 1 Approved B -aelaMMentHead CITY OF ASHLAND Council Communication October 19, 2015, Study Session Discussion of financial software replacement FROM: Lee Tuneberg, administrative services/finance services director, tuneberl@ashland.or.us SUMMARY The City of Ashland's financial software (EDEN) is a Tyler product and is nearing end of life. Tyler has submitted an attractive proposal for the city to migrate to its MUNIS product, saving time and money. This conversion is not budgeted in this biennium but the opportunity and savings are significant enough that staff recommends it be considered and, if acceptable, a supplemental budget be adopted to move the project up on its timeline. BACKGROUND AND POLICY IMPLICATIONS: Ashland purchased the EDEN software via a bid process in 1999. In response to many operational issues and to auditor comments on security, the city purchased Springbrook utility billing software in 2010. EDEN software is nearing end of life and will no longer receive upgrades or support. Springbrook software has been a costly solution including higher than anticipated bank and portal charges. Tyler purchased competitor EDEN in 2002 and has offered the MUNIS financial software for years as the advanced product to migrate to when ready. MUMS also includes utility billing software that appears more functional and less costly than Springbrook. Cities of Bend, Forest Grove and Grants Pass were EDEN users and have chosen to migrate to MUNIS. Tyler has offered MUNIS to the City of Ashland at an attractive price to promote migration from EDEN to MUNIS, keeping Ashland as a customer and not having to support EDEN for the City. The cost to migrate to MUNIS is $725,500, which is offset by saving in licensing and banking charges in future years. Staff believed Ashland could wait to go through a bid process (using a consultant) in BN 2017-2019 thus reducing pressure on funding for other programs in the BN 2015-2017 process. Tyler's offer came in too late in the budget process this spring to consider but it is good until January 1, 2016. Staff sees it as an opportunity to start a conversion earlier, thus saving on a consultant, and RFP process, and paying higher than acceptable banking charges and licensing fees related to Springbrook software. See the attached report. The actual proposal fi-om Tyler is omitted because it was extended to the city under confidential cover. COUNCIL GOALS SUPPORTED: Any goal referencing monitoring, costing, funding, financial tools or financing an activity will benefit from up-to-date financial software. Administration and Governance goal: Page I of 3 Ir, CITY OF ASHLAND Provide high dualii)~, effective and efficient city services and governance in an accessible, collaborative and fiscally responsible manner including goals 40 - 51 FISCAL IMPLICATIONS: A conversion is not budgeted for BN 2015-2017 however there are certain amounts budgeted that, if a migration were done, would go toward the new software rather than maintaining the old software. These include software licensing, customization costs and third-party upgrades that would be absorbed or not needed in the new software. The net shortfall between what is budgeted this biennium and what will be spent for the migration is a minimum of $322,111. In order to do the migration at least that amount would need to be borrowed, presumably from the Equipment .Fund. Only the_actual amount needed of a higher amount authorized would be used for the mi ration. Initial cash funding for the project should come from the excess ending fiend balance carried forward in the Central Service Fund, shown below reducing the amount needed to be borrowed. If the migration is done, the annual net savings per year in utility banking and portal fees and licensing costs are estimated at $106,000 to $112,000. Depending on the timing of the migration, savings could be realized during the second half of this biennium. These annual savings would be used to repay the loan over the following four years (ending no later than FY 2019-2020) resulting in NO increase in internal charges for this project and operational savings each year after that, in addition to avoiding consultant costs for selection and conversion in BN 2017-2019. An overview of the budget implications are as follows: Software conversion costing BN 2015-17 BN 2017-19 Year 1 Year 2 Year 1 Year 2 Operational Software Budget: Existing Appropriations Projected No conversion Status Quo Subtotal $ 371,845 $ 334,440 $ 706,285 $ 371,124 $ 394,658 $ 765,782 Less: Operational Costs Existing/Projected: $ 330,165 S 149,687 479,852 $ 161,054 $ 173,283 ! $ 334,337 Costs with Proposed Migration: $ 360,427 $ 365,073 725,500 $ 104,141 $ 109,348 $ 213,489 Appropriations Shortfall: BN 2015-17 $ (318,747) $ (180,320) $(499,067) Savings in Appropriations Available for Payback $ 105,929 ! $ 112,027 $ 217,956 Carry forward from BN 2013-15 $ 176,956 3 - 4 year payback to be Internal borrowing - minimum $(322,111) ] complete no later than FY21 ,The new software is expected to last between ten and twenty years if maintained as recommended through internal licensing charges. All departments and utility customers will benefit from this migration. Page 2 of3 _ 1r, CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff requests direction on bringing forth a formal proposal for consideration including the necessary internal or external funding of the project. SUGGESTED MOTION: N/A. This item is for discussion and direction to staff only. ATTACHMENTS: Internal memo dated September 21, 2015 from Administration Services/Finance Director Conversion Costing worksheet Internal memo dated August 12, 2015 from Finance Internal memo dated August 15, 2015 from Community Development Software timeline Note: confidential information (details) omitted Page 3 of 3 CITY OF ASHLAND Me~o DATE: September 21, 2015 TO: Dave Kanner, City Administrator FROM: Lee Tuneberg, Finance Director DEPT: Administrative Services Attachments: Memo from Accounting, Customer Sen•ice & ComDev, Tentative proposal fiotn `T'yler SUBJECT: Software replacement During the budget process last spring we discussed that the existing general ledger software and integrated products used by Ashland are approaching their end-of-life. That nicans eventually there is no support from the provider (EDEN) with no updates or improvements. The no updates and improvements condition occurs first and exists today. Staff is concerned that our functionality will not be maintained into the next biennium as was first thrnrght when we discussed whether the replacement must occur this biennium or could wait until the next due to all the other pressing budget requests. Even though the EDEN software may still be around by the next biennium we believe the city will regret waiting until then to start a selection process or a conversion since it is likely to take several years for it to be complete Staff recommends we take action to convert as soon as is operationally feasible. The primary reason to consider changingnotiv even though limited money has been budgeted in 2015- 2017 is the current potential fora timely migration to a related software package with little hassle and at a reasonable cost. Other factors that would contribute to a decision to start the selection and conversion now are as follows: 1. Functionality: The basic reason to change sooner is functionality. if EDEN was reliable to fix, customize or improve the existing software there would be less worry but without any enhancements staff will be doing more "work-arounds" as time goes on to accomplish existing tasks and meet new demands. This is lost time and money and does nothing to extend this software. 2. Customer Scrvice: As support diminishes our customers, both internal and external, will be undersetved. Even today some things are not possible and any time, effort and money spent on fixes or alternate approaches could also be considered waste. 3. Sofhvare cost: Current customization and related maintenance costs are increasing as much as 5% a year with no increased functionality. EDEN's limited support will diminish and still cost more. ADMINISTRATIVE SERVICES DEPARTMENT D. L Tuneberg, Director Tel: 541-488-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735.2900 ar mashland.or.us CITY OF ASHLAND Me~o 4. Bank/portal fees: Ashland's bank and portal charges are exorbitant and climbing. A change needs to occur if we want to reduce portal fees and banking charges and to get the process back under reasonable control. 5. Delays in advances: New software brings enhancements and the potential for increased functionality. Waiting to change delays these benefits, accepts inefficiencies and can only cost more in the long run. An example is online payment processing. The current software EDEN does not allow online payments with credit cards which negatively impacts many departments. Springbrook should be replaced as part of any new GL system so that all the issues mentioned above are addressed. This would auto the current. monthly, manual integration required with Springbrook. 6. Migration pricing: Tyler has offered a straight-forward migration of all needed applications to Munis (another Tyler product) that is reasonable. The pricing is likely to not be there or be higher in two years or if we decide to utilize a full-blown bid process to determine our path. 7. Piggybacking/not bleeding edge: Taking this direct selection process is not unheard of or uncommon. Other, similar Oregon agencies have already done the studies or weighed the options and upgraded. Ashland could "piggyback" off of their work. Ashland will benefit from the foundation work being laid by these other agencies. This benefit may not exist for Ashland from other sofrtevare providers. 8. Better use of existing budget: Finally, the BN 2015-17 includes payments for the higher costs of 17DEN and Springbrook that will not reduce until a transition is made. Some of these funds would be better spent on the new software instead of maintaining less than optimal software. Additionally, the Central Service Fund has a larger fund balance carry forward (approximately $175,000) than anticipated. ALL departments and funds will get a benefit from an upgrade to budgeting, financial reporting, costing etc. so what better use ofthese funds! 9. Timing: It would be much better to have the general ledger and budgeting applications in place before the next budget process (Spring 2017) so that staff can be more efficient, accurate and effective. Summary A transition takes time. Started by January 2016 means critical parts will be done by June 2017. Some lesser parts will carry into the 2017-2019 BN and that budget will rewire added appropriations for it but they will be diminished if a migration is done with the lion share occurring before then. If a migration is not done the city will need to budget added amounts for consulting work, purchase and migration costs in 2017-2019 with carry over into 2019-2021. Starting sooner hedges against future problems and probable higher costs and has the great potential to use savings from exorbitant bank charges to help pay off any borrowing and conversion costs. ADMINISTRATIVE SERVICES DEPARTMENT D. L. Tuneberg, Director Tel: 541488-5300 WW 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 mw+.ashland.or.us CITY OF ASHLAND Me o We have a known. current advantage right now. following closely behind other Oregon governments, especially those from southern Oregon, will provide more clout to Ashland. Oregon's way of doing things and state-wide, common operational issues and practices will help Ashland get the software providers attention and create allies when steering the direction and functionality ol'commonly used software. Finally, staff is frustrated by software companies that offer great products and services only to fall short of the mark leaving little fora single agency to do. This is compounded when the software company implements proprietary practices that prohibit the customer from seeking alternatives in order to save money. Springbrook has done both of these to the City of Ashland and other agencies. For better or worse EDEN software is merely aged and old technology. They did not take advantage of the situation ,brook. All software, good or like Springbrook has and it would he good to transition away from Spring bad, ages and eventual]), gets to end-of=life due to technology changes and competition. EDEN was bought out by Tyler years ago and Tyler is offering a path away from an aged product. Ashland can resolve these issues in one fell swoop. Attached is a budgetary worksheet comparing the costs of doing a migration from EDEN and Springbrook to a comprehensive Tyler Munis package in BN 2015-2017 as compared to waiting to BN 2017-2019 to go through a bid/RFI' process. It is recommended that a bid process will require outside help in the form of a consultant and that consulting service may need to extend through the award and into implementation. The estimated savings from doing a migration sooner than a bid is approximately $750,000. Actual savings will be different depending on use of a consultant and timing but the potential savings and improved operational efficiencies are such that staff recon-unends the city take action now for potential efficiency and costs savings sake. When considering the budget impact for migration there will be a need to adjust BN 2015-2017. It is estimated that up to $350.000 would be needed as an inter-fiend loan from the Equipment Fund in addition to the utilization of the excess carry forward from 2013-2015 to field the project. It is possible the inter-fund loan could be paid off in 2017-2019 with budgetary savings in Central Services. minimizing the impact to other departments' internal service charges. Consult the attachment for more details on the city's use of these products, viable replacement software. conversion costs and other information related to this recommendation. ADMINISTRATIVE SERVICES DEPARTMENT D. L. Tuneberg, Director Tel: 54148$-5300 20 East Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Software RFP Conversion Costing BiN 2015-17 BN 2017-19 Year 1 fear 2 Year 1 Year 2 Existing Budget; Existing Appropriations Major conversion in year 1 Softi\are IicensingRurchasc. migration $ 900,000 EDI'N Support S 79.845 S 82.440 $ 86,562 Springbrook Support S 30,000 $ 30.000 S 31.500 New sotware support S 182,000 Banking fees (est, at $197.3201ycar [IN 15-171 S 185.000 S 181,.000 S 214,212 S 173,283 Consulting serveies - estimate S 100,000 Portal charges $ 27,000 $ 27.000 S 28,350 S 28.350 Sotlware purchase!com ersion - estimate IVR conversion S 50.000 S 10.000 Total S 10,500 S 11,025 Total Total S 371,845 S 334,440 S 706,285 S 1,371,124 S 394,658 S 1,765,782 Estimated at $650,000 plus $250,000 for conversion costs. etc. To be bid. Estimated at 28% of solhvare cost. If consultant needed to select software. May be needed through conversion? Add $50.000 in year 2. Conversion to IVR system in 2015-2016 maintained, not purchased with new sofivare since system already pill in place. If Selection/Conversion approved 1/1/2016 Sofmare licensing /Purchase: Software support S 79,845 Sofhvare support S 26,000 Banking charges - estimate S 197.320 S 149.687 S 161.054 S 173.283 Portal charges S 27,000 iVRconversion Existing S - S - Total Subtotal S 330,165 S 149,687 S 479,852 S 161,054 S 173,283 S 334,337 Plus: Proposed Changes to Budget: }lalf do n Licensing purchase $ 164,315 $ 82.158 S 82,158 Amoral licensing (5°,o per year increas $ 92,916 S 92.916 S 97.562 S 102,440 S 107.562 Third party $ 31992 S 1.996 S 1.996 Implementation S 243,525 S 121.763 S 121,763 FornWreporting dashboard setup S 40,000 .S 20,000 S 20,000 Data conversion $ 63,300 S 31.650 S 3 L650 Consulting services Portal charges IVRcomersion S 19,890 S 9.945 S 9.945 Total S 1,701 S 1.786 Total Subtotal S 627,938 S 360,427 S 365,073 S 725,500 S 104,141 S 109,348 S 213,489 Total S 690,592 S 514,760 S 1,205,352 S 265,195 S 282,631 S 547,826 Mi¢ration in 117 215-2017 V. Bid in [IN 2017-2019 Biennium Biennium Four Year 201 a-2017 2017-2019 Total Migration in BN 2015-2017 S 1,205,352 S 547,826 S 1,753,178 Delay to bid it in BN 2017-2019 S 706,285 S 1,765,782 S 2,472,067 Added cost to unit two years to use consultant to bid software: S 718,889 Primarv reasons for differential,: Tyler providing sufhvare discount for migration from EDEN to Munis S 349.750 Consultant costs S 100,000 Springbrook banking/portal fees S 211.491 Estimated licensing/conversion/other costs $ 57.648 $ 718,889 CITY OF ASHLAND Memo DATE: August 17, 2015 TO: Lee Tuneberg, Finance Director FROM: Bill Molnar, Community Development Director DEPT: Community Development Department RE: Permitting and Inspection soware upgrades The Community Development Department began using EDEN Systems Permitting and Inspection software in 1999 and it remains a core component of our department's daily activities. EDEN Permitting is used as the primary means of entering permit review results by all City staff with review responsibilities. The tracking of all plarming actions, building permits, Public Works permits. and the recording of daily inspection results is conducted through the use of this software. Additionally the receipting of all revenue associated with permits and fees within the Community Development Department and Public Works Department is conducted in EDEN Permitting, allowing direct coordination with the City's general ledger to ensure efficient and accurate collection of payments. Eden Permitting has not had substantial advancements in the last 15 years and lacks the web based functionality and GIS integration that has become standard in modern permitting software. Further the parent organization, Tyler Technologies Inc, acquired another more robust permitting software company (EnerGov) with the intent of offering such technological advancements, making ail), future enhancements to EDEN Permitting unlikely. The Community Development Department aims to increase efficiencies as well as provide ready, access to information to our customers and citizens at large. Upgrading Ashland's permitting and inspection software will serve to improve the clarity. responsiveness and certainty of the development review process. Transitioning to a more effective permitting system, with online e-permitting and electronic plans review abilities, is expected to increase efficiencies as follows: • Contractors and other applicants can submit permit requests online saving them time and expense. Mobile capability available in current building permit software options allows Community Development Department Bill Molnar, Director Tel: 541-488-5305 ~r, 20 East Main Street Fax: 541-552-2050 Ashland; Oregon 97520 TTY: 800-735.2900 vnw;.ashland.or.us CITY OF -ASH LAN D Memo contractors to use mobile devices to apply for a permit, submit plan addendums, and request inspections right from the construction site. "These functions are increasingly demanded by our customers. • The ability for customers to Check the status of a permit. or request inspections, via a web-based interface will create efficiencies for contractors and residents, and our department. • The City's extensive existing City Geographic Information Systems (GIS) data could be integrated with Permits. This functionality would help facilitate zoning verification, slope analysis, location of floodplains, historic district overlay review, building permit and code compliance history all within the permitting software. • City Staff conducting inspections could use mobile tablets to instantly access permit information remotely, in the field at construction sites, and instantly record inspection results. • Utilizing software that creates efficiencies in all steps of the process means we would be less likely to experience backlogs when construction ramps up. • With a transition to electronic plans review enabled by enhanced permitting software, both permit intake and inspections can be managed fully within the program. Automatic updates and scheduled follow-tips will ensure that paper filing systems can be phased out over time. The Community Development Department recognizes that our existing permit software is becoming increasingly obsolete after having served the community well for the last 15 years. With Eden Systems Permitting as it stands, we are unable to meet the expectations of citizens and customers in providing ready access to information online, and we are unable to begin the transition to a paperless permitting and inspection process which would increase overall efficiency. We have evaluated multiple permitting software options over the last 3 years in anticipation of the eventual need to upgrade our software. We found that each permitting software package reviewed could be configured to meet the City's needs, and would constitute a dramatic improvement over the Eden Permitting software we currently use. In evaluating the Oregon State Accela e-permitting system we found that to address Ashland's permitting and planning application processes Accela Automation would need to be acquired and customized. We also evaluated Tyler Technologies newest permitting software, EnerGov, which could readily be configured to meet our expectations of having web access for customers and citizens, mobile access for inspectors, electronic plans review capability, GIS integration, and general ledger compatibility. In examining each software package independently we found that implementation costs and annual licensing of these software packages were largely comparable as shown in the table below, The parity between the competing software packages is largely achieved due to a discount from Tyler Technologies Community Development Department Bill Molnar, Director Tel: 541A88.5305 20 East Main Street Fax: 541-552.2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF ASHLAND Memo EnerGov afforded to existing Eden Systems customers, which offsets the State of Oregon subsidy of the Aecela software for Building Division related licensing and initiation costs. Accela Automation Customized EnerGov (March 2013 estimate) (January 2015 estimate) Initiation Costs Annual Costs Initiation Costs Annual Costs Licensing Cost $67,063 $21,795 $58,779 $20,796 Totals Configuration/Setup $107,505 $0 $121,000 $0 Cumulative Totals $174,568 $21,795 $179,779 $20,796 Oregon State BCD program subsidizes Building Includes $45000 Credit toward Licensing Notes Permit software costs only, not Planning, Public Initiation costs for existing Eden Permits and Works or Code Compliance. Land Management users. In consideration of the Finance Department's evaluation of upgrading the City's core financial software we are supportive of efforts to coordinate the replacement of Eden Permitting as part of this effort. Addressing each of tliese City software systems simultaneously should allow for lower implementation costs, increased rollout speed, and enhance inter-departmental coordination. In the event the City elects to hire a consultant to assess the needs of the City, the Community Development department would like to participate on a multi-departmental panel to review proposals. However, given the ability to consolidate implementation efforts and realize costs savings in migrating from Eden Systems to Tyler's upgraded financial and permit tracking software offerings. the Community Development department supports direct discussions with Tyler Technologies regarding procurement of the upgraded software packages. Community Development Department Bill Molnar, Director Tel: 541-488-5305 FW 20 East Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 vivm.ashland.or.us CITY OF -A5 H LA N D Memo DATE: August 12, 2015 TO: Lee Tuneberg, Finance Director FROM: Cindy Hanks, Accounting Manager DIPT: Finance Department RE: New software The Eden financial software, purchased in 1999, is going to sunset in the near future, meaning that the provider will no longer support the system (exact date to be determined). Eden was purchased by Tyler Technologies in late 2003. At that point Tyler had acquired multiple governmental software companies. with the goal of eventually merging all to one multi-faceted software system for governmental accounting. Although Tyler will continue to support the Eden software in the near term, no major updates or enhancements to the system are planned. The City uses Eden for Financials, Payroll, Budgeting, Purchasing, Fixed Assets, Inventory, Human Resources, Licensing, Project Accounting and Permitting. These ftmctions are all critical to meeting state, federal and local requirements. Please note that there are still a few features to Eden tht have not been implemented due to timing and operational shortfalls. The Eden core software system (operating system) hasn't changed since purchase. While the system is still functioning, the demands placed on this legacy system for more information, rrtore reports and more functionality drive the need to move to a more modern software system. Most software providers nmN, offer or are moving to a "cloud-based" solution. NO such option is available for the current Eden system. Cloud solutions utilize web based operations not normally hosted on a city-owned server. I believe there are two realistic approaches to deal with our end-of-life financial system. 1) Path one is to hire a consultant to assess the needs of the City and each department as they relate to each component of the Eden software and develop an RFP for the procurement of a replacement system. Assuming a reasonable response to the RFP, with the assistance of the consultant, a multi-department panel would be created to review, rank and recommend the RFP FINANCE DEPARTMENT D. L. Tuneberg, Director Tel: 541A88-5300 20 East Main Street Fax: 541188-5311 Ashland, Oregon 97520 TTY 800-735-2900 www.ashland.orms CITY OF ASHLAND Men~o submittals. On-sight visits may be required. Using a consultant would require competitively bidding the service and is estimated to cost at least $0,000 and perhaps in excess of $100,000, Final bid for a comprehensive package is likely to exceed $1 million in addition to the cost of a consultant to assess and possibly assist along the way. 2) Path two is to stay with Tyler Technologies and migrate the current Eden software modules to another product offered by Tyler. A probable solution is Tyler's very robust system called Mullis. Tyler is offering the Muni system to existing customers at a reduced price most assuredly to retain the client and to recognize the simplified approach required to migrate rather than re-bid and lose the customer. Both of the above options have risks to them. There is no software that is perfect and that can meet all of our needs. However, I believe the best option would be to rnigrate to the Munis System. For the cost and the below list of modules it makes the best use of Cite funds. An initial discussion with Tyler regarding an upgrade to their complete, integrated system indicated a cost of purchase well under $200,000 with conversion and third party fees under $360,000. As with all software providers there is an annual license for support on the applications and that is estimated to be approximately $93,000. Ashland currently budgets and pays $141,000 in annual fees to Eden and Springbrook so the entire new package would have $48,000 positive (savings) impact each year beyond the purchase/conversion price. The total includes the modules listed below as well as data conversion from our existing Eden Systems modules. Use of a consultant by the City is optional, Financials (General Ledger, Budget) Inventory/Fixed Assets Purchasing Payroll Project and Grant Accounting Accounts Receivable Utility Billing _ Human Resources _ Employee Access Portal (HR) Work Orders (PwlElec Operations) Permits and Inspections Business Licenses Fleet and Facilities Mgnlt Content Manager Citizen Access Portal User Dashboard Special Assessments Report Writer Some of the features of Munis are highlighted below. Much of the information described below is not available to its in our current system. Financial Core - This is the general ledger, purchasing and accounts payable. These functions are more streamline with current business practices. They feature electronic approvals with each FINANCE DEPARTMENT D. L. Tuneberg, Director Tel: 5414188-5300 20 East Main Street Fax: 541488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 a m,ashland.ocus CITY OF ASHLAND Memo module. They support use of P cards which can streamline the purchasing process, providing efficiencies. There is an auto correct feature that connects all documents within the sub ledgers. For example if a PO was issued to an incorrect account number and was paid to that incorrect number, the single correction is documented in all systems and readily viewable by all users. Dashboard --This is a web based tool that allows users to launch programs and other applications from a single work area. Web parts (think of apps on your smart phone) can be added to the dashboard on a per user basis. It simplifies sharing information and shows critical data such as workflow approval, notifications and date-based alerts. Collections for Account Receivable, track budgets against YTD figures. Tyler Reporting Services This is for reports and queries in formats that are unique and customized to the City and helps provides the right information. This service trains staff on using the standard reports and creating our own. The data is presented in a simplified structure for staff to be able to use. Content Manager - This is product that is similar to Laserfiche. I to-vvever, this module takes all system generated processes such as accounts payable cheeks (Purchasing orders, W2's) and links it to the vendor information. Also, it allows scanning of invoices and scanned documents are linked to the vendor files. It supports query o17 any of the texts. Pavroll - A true employee self service web portal where employees can see all their pay data including bi-weekly paychecks, they can make changes to their W-4, change dependents, addresses, etc that integrates back to the I-IR application. There is a paycheck simulator, where employees can input data to come up with an estimate. This contains a true online timesheet function as well. HR- This provides the ability to produce and track the status of personnel action forms (PAF's) from the system. This also coordinates with NEOGOV, HR's current employment application processing web app. Other features include the monitoring of open positions, management of events such as next performance reviews, step increases, etc. Utility Billing - Please see attached memo from Customer Services Supervisor Bryn Morrison. Report kvriter- Munis offers free report writing for any reports that take two hours or less of work to produce. FINANCE DEPARTMENT D. L. Tuneberg, Director Tel: 54IA88-5300 ~~A 20 East Main Street Fax: 541.488-5311 Ashland, Oregon 97520 TTY; 800-735-2900 vrrrw.ashland.or.us CITY OF ASHLAND Memo Permits and Inspections Please see attached memo from Community Development Department Below is a summary of recent discussions with other jurisdictions in our area regarding their current software systems, their level of satisfaction, their current or future plans for changes, and what they are doing for their software needs. • City of'Grants Pass - Hired a consultant and previewed 'T'yler and Sprinfbrook. They chose Tyler Munis • City of Medford - Hired a consultant and is in the process of reviewing Tyler- Munis and One Solution. • City of Corvallis - Selected One Solution but stopped mid-implementation and dropped One Solution. • Citv of Bend Hired a consultant and Selected Tvler - Mullis • City of Forest Grove - Currently evaluating Tyler - Munis • Benton County - Currently evaluating Tyler - Mullis The examples above seem to indicate that in the recent past a consultant approach for similar organizations has resulted in a Munis selection in Grants Pass and Bend.. Also, similar sized organizations with similar complexities like Forest Grove consider Munis as a viable solution. In my opinion, the City is at a point with the Eden Systems software where the current deficiencies within Eden are becoming more prevalent. We cart-not implement desired business changes within ow' CUITent Software. We cannot provide necessary reports. We cannot meet current demands for data requests and many functions require a challenging amount of "work- arounds" or manual effort from the Accounting staff and other departments. It is my recommendation that staff consult with the Legal department to determine the appropriate steps for a software upgrade/migration to the Munis suite of soffiyare packages and.. if accepted, the City begin more detailed discussions with Tyler regarding a more formal quote for the "path two" solution. FINANCE DEPARTMENT D. L. Tuneberg, Director Tel: 541488-5300 20 East Main Street Fax: 541.488.5311 Ashland, Oregon 97520 TTY; 809-735-2900 Nwmashland.or.us Timeline of Key CoA Software Milestones Primarily General Ledger and Utility Billing 1. About 1999 the city bid and awarded a financial software contract to EDEN. Conversion of applications, as warranted, continued for multiple years. Some applications were never employed due to timing and staffing direction. 2. Utility billing software remained "home grown" and was not included in the financial package purchase and conversion. 3. About 2003 EDEN was acquired by Tyler. 4. About 2004 the city acquired Incode Courts software directly from Tyler. 5. During fiscal Years 2005-2012 the home grown utility software failed audit security and control requirements. Efforts were ongoing to comply but eventually staff and auditors agreed it has to be replaced by an outside software. 6. In 2010 the city bids utility services and awarded to Springbrook. EDEN bid its utility software but functionality was stated by them to be lacking... there were things they felt they could not do Springbrook said they could do the things requested with customization. The other bidder was COG and its estimate for utility billing alone was well above $500,000. 7. City went live with Springbrook UB in 2012 but the software is clunky, costly to run and not very efficient. Many of the bid features required customization and that has an ongoing cost. Staff reviewed options with Legal and found little recourse so implementation and customization continued. 8. June 2013 Tyler indicated no need to change from EDEN financials in the foreseeable future and offered migration to Muni as a planned path whenever decided by the customer. 9. January 2015 staff raised the impending financial software conversion but does not budget replacement clue to all other financial demands, thinking that EDEN will last into the next biennium with preliminary work for replacement being achieved by June 30, 2017. 10. Staff requested information on migration and received an estimate for migration good through January 1, 2016. However, staff is unsure about functionality of Munis and the benefits of migrating over going to bid. 11. Accounting staff attended Tyler conference to view Munis software and to discuss with other users their plans to migrate or bid. Their first impression is that Munis is very viable and many agencies are taking advantage of Tyler's offer to not charge additional licensing for migration, in essence to keep pricing with the amounts currently contracted. 12. August 2015 staff submitted report reflecting history, feasibility, peer research and pricing of migration including confirmation that Tyler is the sole provider/developer/modifier of Munis for purposes of bidding or migration and/or maintenance. 13. September 2015 staff evaluates the potential of migrating to Tyler Munis sooner than planned including the replacement of Springbrook due to the considerable customization, related costs and less-than-efficient operations of the software and Springbrook customer service. Note: 14. Support of EDEN financial software will eventually cease. The city has to migrate or bid new software. Investment of additional time and money into EDEN and peripheral software should be considered unworthy. Some may still be required if conversion is delayed to BN 2017-19. 15. Migration is very viable and perceived to be less costly than bidding and starting from scratch with anew software provider. Migration within the software held by the same company seems to be unfettered by the requirement to bid services. 16. Tyler, who owns EDEN has a well-known and perceived to be a very good product called Munis. Tyler has planned for customers to easily migrate to Munis and offers incentives to do so. 17. Tyler has provided an estimate for migration from EDEN/Springbrook to Munis good to 1/2016. 18. Munis includes many other applications like utility billing that appear to be more comprehensive than Springbrook. 19. Many similar government agencies in Oregon are in the same spot and already bidding, negotiating or studying a migration to Tyler Munis . At least one has failed with bids to another software provider and are considering Munis at this point. 20. Ashland Finance Department recommends the City consider the same migration. Notice of Public Hearing for Supplemental Budget A resolution adopting a supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the biennium July 1, 2015 to June 30, 2017, will be considered at the Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's Regular Meeting on December 1, 2015, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained on or after Wednesday 25 November, at the Administrative Services Department, 20 East Main, Ashland, Oregon 97520 between 8:30 a.m. and 4:30 p.m. A summary of the supplemental budget is presented below. General Fund Appropriation: Police Department $40,155 Resource: Intergovernmental Revenues $40,155 To appropriate funds from You Have Options Program (YHOP). This was collected by city of Ashland and is now being handled through Jackson County SART. Central Service Fund Appropriation: Administrative Services Department $575,000 Resource: Interfund loan (Revenue) $400,000 Working Capital Carryover $175,000 To appropriate for the cost to migrate financial software from Eden to Munis both a Tyler Technology product. This requires an interfund loan that will be paid with interest (calculated on the actual monthly interest earned in the Local Government Investment Pool) no later than fiscal year 2021 and a transfer of excess beyond the amount budgeted for Working Capital Carryover from the prior year. Equipment Fund Appropriation: Interfund Loan (Expense) $400,000 Resource: Ending Fund Balance $400,000 To appropriate an interfund loan to the central services fund for migrating the financial software. TOTAL ALL FUNDS 1 015 155 $1-0-15155 CITY OF -ASHLAND Council Communication December 1, 2015, Business Meeting Acceptance of FY 2014-2015 Comprehensive Annual Financial Report FROM: Lee Tuneberg, Finance Director, Iee.tuneberg~a&ashland. or.us SUMMARY The Audit Commission has met with staff and auditor Pauly, Rogers and Company, P.C. to review and accept the annual audit of the City of Ashland for the fiscal year ended June 30, 2015. The Commission's report and recommendation to accept the Comprehensive Annual Financial Report (CAFR) can be found in the report on page 16 and the auditor opinion on page 24. The auditor has given an unqualified opinion again this year. Council may accept the Audit Commission's report and the annual report as presented, recommend modifications as discussed or defer acceptance (take no action) awaiting further information or clarification. BACKGROUND AND POLICY IMPLICATIONS: The CAFR is prepared each year as part of the state-required audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor reports to the Audit Commission established by the Council. The Audit Commission receives the auditor opinion, management letter and annual financial reports (including the Ashland Parks Commission Component Unit Financial Report) prepared by staff. When satisfied with the reports and related information, the Audit Commission forwards the report to Council with a recommendation to accept. The auditor gave an unqualified opinion again this year. Excerpt from page 24: "M our opinion, the financial statements referred to above present fairly, in all material resepects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remainingfimd information of the City ofAshland as of.fune, 30, 2015, and the results of its operations and cash flows, for the year then ended in accordance with accounting principles generally accepted in the United States ofAmerica. " The auditor also reported on other legal and regulatory matters in accordance with Government Audit Standards. Those reports begin on page 165 of the CAFR. They state that the CAFR conforms to generally accepted accounting principles (GAAP) and the latest applicable Governmental Accounting Standards Board Statements (GASBS), auditing standards and Oregon Budget Law. The report also complies with U. S. Office of Management and Budget (OMB) Circular A-133 requirements since the City accepted enough federal financial assistance in FY 2014-2015 to require specific audit actions and disclosures. This is accomplished by including a Schedule of Findings and Questioned Costs addressing audit results, financial statement findings, federal award findings and applicable Page I of 3 rte, CITY OF ASHLAND expenditures. No questionable costs for federal financial assistance programs were reported by the auditor. City staff prepares a comprehensive annual report for both the City and Parks. Parks' report is referred to as a component unit financial report (CUFR) by the City. The CUFR is submitted to the Parks and Recreation Commission for acceptance after review by the Audit Commission. In the City's financial report the Parks' activities are included per GAAP as a "blended" component unit. Thus, Parks funds are named and presented separately and its financial information is blended with city financial information. The City and Parks are prepared to subrnit both annual reports to the Government Finance Officers Association for review and suggestions for improvement again this year. Financial Overview: The City is responsible for completeness and accuracy of the annual report. The auditor reports are included in the document and presented on their letterhead. These reports attest to the City's compliance with Oregon Budget Law and federal reporting requirements. The annual report includes a section on pages 26 through 31 called Management's Discussion and Analysis (MD&A) that is intended to provide the reader with a basic understanding of the financial condition and change over the year audited. Please read the MD&A and the Notes section (pages 46 through 73) to get a general understanding of the financial information provided. From an overview perspective, the City's financial condition remains the same between years with the exception of recognizing Ashland's portion of the assets and accrued liabilities of the Public Employees Retiement System (PERS). This is the first year the CAFR has included these items and the prorated portion for the City are estimated as a net unfunded liability of $2.8 million. This number is subject to change annually with PERS investments, actuarial assumptions and contributions by the City. When combined with all other amounts and estimates at June 30, 2015, the Total Net Position for the City is $3.3 million less than the prior year. Without the PERS estimate the change between years would be approximately $400,000, down from $117.4 million in FY 2014. Positive variances were increases in operating cash, inventories, fixed assets and reduction in debt offset by increased depreciation. Key places to look within the document are: Pare Information 9 Transmittal letter from staff 16 Report of Audit Commission accepting the audit 24 Independent Auditor's Report (an unqualified opinion) 26 Management's Discussion & Analysis 35 Basic Financial Statements Page 2 of 3 CITY OF ASHLAND 46 Notes to General Purpose Financial Statements 78 Supplementary reports, schedules and statistical tables 160 Oregon required auditor comments and disclosures 165 Government Standards Compliance Reports including Federal Assistance, OMB Circular A-133 compliance, and other internal compliance disclosures COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The report represents a review of City records and there is no direct financial implication from accepting the report. The Audit Commission provided input on presentations and disclosures but no material changes in financial condition were necessary. STAFF RECOMMENDATION AND REQUESTED ACTION: The Audit Commission recommends acceptance of the Comprehensive Annual Financial Report for FY 2014-2015 and staff concurs. SUGGESTED MOTION: I move to accept the Audit Commission Report and the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2015, as presented. ATTACHMENTS: FY 2014-2015 Comprehensive Annual Financial Report Page 3 of 3 Imo, CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Public Hearing on an Ordinance Amending Title 18 Land Use of the Ashland Municipal Code for Homegrown Marijuana and Marijuana-Related Businesses FROM: Maria Harris, Planning Manager, harrism@ashland.or.us SUMMARY: The Planning Commission recommended approval of proposed land use ordinance amendments for homegrown marijuana and marijuana-related businesses at the October 17, 2015, meeting. The amendments create standards for the allowable size, scale, and location of marijuana grown in conjunction with a residential dwelling unit and for the location and manner of operation of marijuana- related businesses and allow up to four plants to be grown outdoors on a residential property, whether for medical or recreational use. The proposed amendments require Council approval, and are scheduled for a public hearing. If the Council decides to move forward, the ordinance amendments are scheduled for first reading on December 15, 2015, and second reading on January 5, 2016. BACKGROUND: The attached Planning Commission Report includes detail regarding the Commission's recommendation on the proposed amendments. The goal of the proposed amendments is to balance the rights of individuals to grow, access, process, and sell marijuana and marijuana products with the enjoyment, peace, safety, and general welfare of residential neighborhoods and the overall function of city facilities. The Commission held a public hearing and deliberations on the proposed amendments on October 27, 2015. Prior to the public hearing, the Commission held study sessions on June 23 and August 25. The Planning Commission forwarded its report on this ordinance at its November 24, 2015, meeting. The proposed land use ordinance amendments are intended to address the new personal use and business allowances for recreational marijuana that were included in Ballot Measure 91 and approved by Oregon voters in November 2014. Measure 91 allows households with one or more persons 21 years or older to grow, store, and process limited amounts of marijuana and provides for a variety of marijuana-related businesses through a state licensing system. In addition, the proposed amendments for homegrown marijuana are intended to address nuisance issues from growing marijuana in a residential setting. The City has received code compliance complaints over the last two summers related to the odor produced by marijuana grown outdoors. This proposed ordinance would allow a household in a residential zone to grown four marijuana plants outdoors, whether for medical or recreational use, subject to setback and other requirements. The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. The Oregon Liquor Control Page 1 of 2 CITY OF ASHLAND Commission (OLCC) will administer the state licensing system for marijuana-related businesses and begins accepting license applications for processing, production, testing, retail, and wholesale operations on January 4, 2016. In July 2014, the City Council passed an ordinance amending the Ashland land use ordinance to allow medical marijuana dispensaries in the C-1, E-1, and M-1 zones. 'There are four medical marijuana dispensaries in Ashland that were approved by the City and are registered with the Oregon Health Authority (OHA). A more detailed state and local legislative history is included in the staff report in the attached record. The attached map shows the locations of the approved medical marijuana dispensaries in Ashland. In addition, the map shows the eligible locations for future marijuana retail sales in the green and green stripped areas. The marijuana retail sales use in the proposed ordinance includes medical marijuana and recreational marijuana retail sales. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends moving forward with first reading of the land ordinance amendments for homegrown marijuana and marijuana-related businesses. SUGGESTED MOTION: I move to direct staff to proceed with first reading of the land use ordinance amendments for homegrown marijuana and marijuana-related businesses. I move to direct staff to make the following changes to the land use ordinance amendments for first reading (list changes). ATTACHMENTS: 1. Planning Commission Report 2. Proposed Land Use Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses 3. Map - Marijuana Retail Establishments Eligible Areas 4. Record for Planning Action 2015-01677 Page 2 of 2 IA, CITY OF ASHLAND Planning Commission Report DATE: November 24, 2015 TO: Ashland City Council FROM: Ashland Planning Commission RE: Planning Commission Recommendation Ordinance Amendments for Homegrown Marijuana and Marijuana-Related Businesses (PL92015-01677) Summary The Planning Commission recommends approval of the proposed amendments to the land use ordinance for homegrown marijuana and marijuana-related businesses (PL# 2015-01677). The Commission held a public hearing and deliberations on the proposed amendments on October 27, 2015. Prior to the public hearing, the Commission held study sessions on June 23 and August 25. Recommendation The Commission understands that Ashland voters supported Measure 91which allows households with one or more persons 21 years or older to grow, store, and process limited amounts of marijuana and provides for a variety of marijuana-related businesses through a state licensing system. At the same time, the Commission recognizes the legalization of marijuana is a new practice that will require a period of adjustment in the community both functionally and culturally. Specifically, the practical aspects of growing (homegrown and commercial), selling, testing, processing, and distributing marijuana and marijuana products may have anticipated and unanticipated impacts on the health, safety, and welfare of existing and future residents and neighborhoods. For the above mentioned reasons, the Commission believes there is a need to balance the rights of individuals to grow, access, process, and sell marijuana and marijuana products with the enjoyment, peace, safety, and general welfare of residential neighborhoods and the overall function of city facilities such as the transportation system. Therefore, the Commission recommends amendments to the land use ordinance to include standards for the location, manner of operation, access to, and potential nuisance issues for homegrown marijuana and marijuana- related businesses. In addition, the Commission recommends initially taking a somewhat conservative approach in the regulations with the possibility of relaxing the standards in the future as the impacts of growing, selling, testing, producing, and distributing marijuana and -2- marijuana products are better understood. A summary of the proposed land use ordinance amendments and the Commission's discussions and deliberations follows. Homegrown Mariiuana Homegrown marijuana is defined in the proposed amendments as growing and harvesting marijuana for personal consumption by a person 21 years or older, whether for medical or non- medical purposes, or for a medical marijuana card holder. The draft ordinance amendments allow homegrown marijuana cultivation as a special use in the residential zones including the North Mountain Neighborhood, the Health Care Services District, and the C-1, E-1, M-1, and CM zones. Homegrown marijuana is allowed in the non-residential zones because dwelling units are permitted in some of these areas as part of a mixed-use development. In addition, there are examples of pre-existing nonconforming single-family residences in the C-1, E-1, and M-1 zones (e.g., the homes on the south side of A St.). Staff reported routine odor complaints due to individuals growing marijuana outdoors in private yard space. Neighbor complaints include not being able to enjoy backyards and open windows in the summer and early fall because of the strong odor produced by marijuana grown on adjacent property. In addition, complaints involved impacts from light, glare, and noise from mechanical equipment (e.g., lights systems, fans) related to indoor cultivation and odor from processing (e.g., drying) plants in garages and accessory structures. Though not numerous, the more extreme cases involved outdoor grows including a large number of plants for multiple medical marijuana card holders and using garages and/or portions of the home for indoor cultivation. The Planning Commission discussed a variety of issues during the development of the standards for homegrown marijuana. The Commission agrees that the primary focus of the proposed standards is to balance the allowances in state law for the personal growing of recreational and medical marijuana with the nuisance and safety impacts to residential neighborhoods. The Commission believes it is important to allow individuals to grow plants outside to take advantage of natural light and precipitation. In converse, the Commission feels forcing individuals to grow plants inside can result in increased energy and water use which is inconsistent with Comprehensive Plan policies regarding conservation of resources. At the same time, the Commission discussed the fact that growing marijuana, whether outdoors or indoors, is an agricultural use and that agricultural uses in residential neighborhoods need to be at a scale and intensity consistent with residential living. The Commission discussed the importance of maintaining residential zones in those uses that are typically seen and associated with residential neighborhoods. In particular, there is concern about significant parts of residential structures potentially being used for the indoor cultivation of marijuana and the potential impacts to neighboring residences and neighborhoods in general. As Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 IWALAA www.ashland.or.us -3- a result, a standard is included that prohibits a dwelling unit from primarily being used as a place to cultivate marijuana and prohibits vacant or uninhabited units for marijuana cultivation. The Commission found the primary land use tool for controlling the nuisance impacts is to limit the location and size of outdoor growing. As a result, a 10-foot setback from property lines and 20-foot setback from adjacent residences is included as well as requiring the grow area to be located closer to the resident grower's dwelling unit. The Commission considered increasing the setbacks but after a review of newer subdivisions in the R-1 zone decided larger setbacks would eliminate the possibility of outdoor growing in those areas with smaller lot sizes. The Commission recognized that the proposed setbacks would eliminate outdoor growing in developments with the smallest private yard areas (e.g., attached townhome development). In terms of size of outdoor grow area, the number of marijuana plants is limited to four plants which corresponds to the number of plants allowed under state law for recreational marijuana. The proposed amendments include up to 50 square feet for the cultivation area and up to 10 feet in height for the marijuana plants. The Commission feels the ability to grow four plants outdoors was more than adequate for personal use. Because the marijuana plant is vigorous and can be large in diameter and height, the Commission feels it is important to include limitations on the scale of the outdoor grow area for compatibility with the scale of a residential setting. The marijuana plant is known for being particularly odiferous. The Commission acknowledges that regulating the location and size of outdoor grows will not eliminate the odor. However, the Commission believes placing limitations on the outdoor grow area size and requiring thoughtful placement of the grow area will likely reduce the impacts to neighbors and the surrounding neighborhood. Mariiuana-Related Businesses Marijuana-related businesses are those enterprises allowed by state law and licensed by the State including production (growing), processing, retail sales, testing (laboratories), and wholesale storage and distribution. The state laws and rules for recreational and medical marijuana operations are overlapping, administered by two separate agencies, and at times somewhat confusing. Ultimately the Planning Commission believes the impacts of marijuana-related businesses are likely similar whether the business is involved in recreational or medical marijuana. There is limited information on the potential impacts of marijuana-related businesses because the legal marijuana industry is relatively new. For this reason, the Commission recommends initially taking a somewhat conservative approach in the land use standards for growing, processing, selling, testing, and storage and distribution of marijuana and marijuana products. The Commission believes the standards could be reviewed and possibly relaxed in the future when the impacts of marijuana-related businesses are more fully understood. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us -4- The primary topics of Planning Commission discussion were the appropriate zones for marijuana-related businesses, the shift from medical marijuana dispensaries to recreational and medical marijuana retail sales, and the appropriateness of using employment lands for commercial growing operations. The draft ordinance amendments allow marijuana retail sales as a special and conditional use in the Retail Commercial (C-1) and Employment (E-1) zones and allow growing, processing, testing, and wholesale operations as special permitted uses in the E-1, Industrial (M-1), and Croman Mill (CM) zones. The Commission feels it is important to preserve the C-I zone for retail commercial uses (e.g., stores, restaurants, offices). Therefore, the growing, processing, testing, and wholesale storage and distribution uses are limited to the E-1, M-1, and CM zones. This approach is comparable to the existing land uses allowed in the E-1, M-1, and CM zones such as manufacturing, warehouses, and distribution. The exception is marijuana growing. Currently, the land use ordinance does not permit agricultural uses in the E-1, M-1, or CM zones. The current regulations for location and operation of medical marijuana dispensaries are carried forward to apply to all marijuana retail sales outlets. Marijuana retail sales as a use is broadened to include recreational as well as medical marijuana sales. Marijuana retail sales establishments that are located on a boulevard continue to be a special use that must meet the special use standards in 18.2.190.B. If the marijuana retail sales establishment will not be located on a boulevard but is 200 feet or more from a residential zone, marijuana retail sales continue to require a conditional use permit. Marijuana retail sales also remain prohibited in the Downtown Design Standards Overlay. The attached dispensary map shows the locations of the approved medical marijuana dispensaries and eligible areas for future marijuana retail sales. Several days before the Planning Commission public hearing, the State adopted rules for recreational marijuana and the licensing of marijuana business. The new rules prohibit any of the recreational marijuana-related businesses from being in the same location or address as medical marijuana grow sites, medical marijuana processing sites, medical marijuana dispensaries, and liquor stores (OAR 845-025-1230). The Commission acknowledged that this rule would prohibit medical and recreational sales from being in the same location. The Commission recommends that a spacing standard of 1,000 feet between marijuana retail sales establishments be included in the land use standards. While the City has not received complaints regarding the four medical marijuana dispensaries in Ashland that were established in the past year, the Commission feels the potential impacts from retail sales, whether medical or Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520=, www.ashland.or.us -5- recreational marijuana, are likely similar and still somewhat unknown. For this reason, the Commission had concerns about the cumulative effect of adjacent marijuana retail sales outlets on a surrounding neighborhood. In particular, the Commission believes the issues identified in the development of the land use standards for marijuana dispensary in 2014 continue to be applicable. The Commission believes marijuana retail sales are most appropriately located on streets where other high volume uses are located to address potential security and traffic impacts. The Commission believes that locating marijuana retail sales on the larger capacity streets with continuous traffic provides additional security and natural surveillance. In addition, the potential vehicle trips generated by marijuana retail sales can then be directed to these higher order streets. The projected number of vehicle and the trips generated by marijuana retail sales is not available. The Commission recommends that growing, processing, and laboratory operations be required to locate 200 feet or more from residential zones. Because the legal marijuana industry is new, there is limited information available about the impacts from marijuana-related businesses and whether the growing, processing, and testing uses create different or additional impacts (e.g., noise, odor, energy use, water use) compared to other general manufacturing uses. The final topic of discussion was allowing commercial growing operations in Ashland's employment lands. The Commission recommends a square footage limitation of 5,000 square feet of gross floor area for indoor commercial growing. The Commission feels this allows a reasonable size for commercial marijuana production while at the same time preserving employment lands for a variety of uses and uses with higher employment densities. The limitation is consistent with the State's rules for recreational marijuana which include a 5,000 to 10,000 square foot maximum on indoor commercial grow sizes. The Commission feels that commercial grow sites are most appropriate in agriculturally zoned lands and questions using limited supplies of employment lands within the city limits for what appears to be a land intensive use with low employment generation. In addition, the Commission expressed concern regarding the electricity and water use of indoor grow operations. According to the City's 2007 Economic Opportunity Analysis (EOA), the employment land supply is projected to be sufficient through 2027 but begin to experience some deficits in the 2028-2057 time period. The average employment densities in Ashland are 17.2 employees per acre while reports from other states describe 100,000 square foot (2.3 acres) indoor grow operations with a few employees. Ashland Planning Commission 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.2, 18.3.39 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE. Annotated to show de's and additions to the code sections being modified. Deletions are bold lined th -^uand additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including House Bill 2400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and 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 above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted Ordinance No. Page 1 of 31 to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on five types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law, and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on December 1, 2015; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 31 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. Ordinance No. Page 3 of 31 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. 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N Q) _ I a) O as m E o a) O c6 ~ a) c W (cc cz 0) cu - L 0 0 ca 0 m m m N uNi o'L m y cn d Z m ca (n M -Cu p N ~ p II c c a)~ Ca ) 00 CL a) O_ (B N a) C: L cp tB cd N m c m a) U a) 't3 = Y Q Q a) co N O E E I~ w (D 0 O .E LL C9 I0 SECTION 2. Chapter 18.2.3 [Special Use Standards-flome Occupation] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.150 Home Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that home occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their homes. B. Conduct of Home Occupation - Standards. Home occupations are permitted pursuant to the following standards. Where a home occupation use does not comply with one or more of the following requirements, the Staff Advisor may find the subject use is no longer permitted. 1. Appearance of Residence. a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business. b. The home occupation shall not result in any structural alterations or additions to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visible from outside the dwelling or accessory structure. 2. Storage. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited. c. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3. Employees. a. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations. 4. Advertising and Signage. No signs shall be permitted on a home occupation site. Ordinance No. Page 12 of 31 5. Automobiles, Parking, and Traffic. a. One commercial automobile associated with the home occupation is allowed at the home occupation site. Such automobile shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site. b. There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p.m. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to 7 a.m, c. There shall be no more than one client or customer's automobile at any one time and no more than eight per day at the home occupation site. 6. Clients or customers are permitted at the home occupation from 7 a.m. to 7 p.m. only. C. Prohibited Uses. The following uses are prohibited as home occupations. 1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2. Any activity involving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson books or sheet music for music teachers, or computer software for computer consultants. 3. Any of the following uses, and uses with similar objectionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b. Ammunition or firearm sales. c. Ammunition reloading business. d. Animal hospital, veterinary services, kennels, or animal boarding. e. Auto and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g Medical mar:J.-lana dimp,,nsary Marijuana-related business. D. Permit Required - Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title 6. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business, and the manner in which it will be conducted. If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Advisor shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the Ordinance No. Page 13 of 31 business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a home occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 15.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapter 18.2.3 [Special Use Standards-Medical Marijuana Dispensary] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.3.190 Medical Marijuana Dispensary Marijuana-Related Uses. A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, it shall meet all of the following requirements. See definition of homegrown marijuana cultivation in part 18-6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that same property must be the primary residence of the resident grower. 2. Related Activities. Any drying, keeping, storage, or processing of homegrown marijuana shall be located within the dwelling unit or an accessory structure and shall not be located outdoors. 3. Homegrown marijuana cultivation and any related activities must meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 4. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown outdoors. Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements, see section 18.4.4.060. c. Dimensional Standards. Madiuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards including Table 18.2.3.190.c. Ordinance No. Page 14 of 31 L Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellings in the same multifamily development. H. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standards for Homeqrown Marijuana Number of Maximum Maximum Minimum Setback from Minimum Setback from Mariiuana Plants Cultivation Area Marijuana Plant Any Property Line Dwellings on Admoining Allowed Height" Properties 4 or fewer plants 50 square feet 10 Feet 10 feet 20 feet Contiguous lots under single ownership shall be considered one lot for the purpose of calculating the dimensional standards for homegrown marijuana. 2 All parts of a marijuana plants that are visible above the ground level shall be contained with the perimeter of the cultivation area Where plants are located separately the combined total of the individual cultivation areas shall not exceed the maximum cultivation area. 2Mariiuana plants shall not exceed ten feet in height from the top of the average surrounding grade. 4Marijuana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. d. Multi-Family Development. Homegrown marijuana maV be cultivated outdoors on a lot containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. L The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana plants will comply with the requirements of 18.2.3.190.A. The written notification shall include the following information. 1. Property owner, property manager, or home owner association representative contact information including the name, address,_ and phone number(s). 2. Contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3. The City requirements for the outdoor cultivation of madiuana including the maximum number of plants per lot and the requirements of subsection 18.2.3.190.A. 5. Indoor Cultivation. a. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with marijuana cultivation shall satisfy the Building Code requirements and obtain all Ordinance No. Page 15 of 31 required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c No dwelling unit shall be used primarily as a place to cultivate marijuana. Vacant or uninhabited dwelling units shall not be used for marijuana cultivation. B. Mariiuana-Related Businesses. 1 Mari iuana-related businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under Chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by Zone for zones where marijuana-related businesses are allowed. See definition of marijuana-related businesses in part 18.6. Marijuana-related businesses shall meet all of the following requirements. a The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana cultivation or storage of merchandise raw materials, or other material associated with the business is prohibited. b Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d Light and Glare. Shield lighting systems and use window coverings to confine Ijght and glare from light systems associated with indoor cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to installation. f The property owner shall record a declaration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. Ordinance No. Page 16 of 31 q A mariiuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marijuana Laboratories, Processing, and Production. In addition to the standards described above in subsection 18.2.3.190.B.1, mariiuana laboratories, processing, and production shall meet the following requirements. See definition of marijuana processing and production in part 18.6. a. Marijuana laboratories, processing and production shall be located 200 feet or more from residential zones. b. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot. 3. Mariiuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.6.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. A-. Bouley and 1 ocation Medical mnri uann dispensarie j_1re permitted subject to all of the following design standard _ 1The dispensary must with a boundary lina. o adjacent to as ~srir err te uaa~uva.~~a to boulevard except that dispen _ ies are net permitted Downtown Design Standards -sane permanent building and may not locate a -2-.-The dispensary-must eT located in a ~ A-fVriq Ti'Gi ffT trailer, cargo cont i 4or vehmele. Outdoor storage of merchandise, ra f m ria.l -a•soith the rc i~lcc. aterialc , vvzrr~ orr other rrrc matoeriF -rrssvc ~r~c~ciated a ra ~wi~cn cTC dispensary is prohibited, 3. Any modifications to the subject site or. exterior of a building housing di pensary must be-conr istent with the Site Design Use Standards, and obt Cite R 'eyi approval if required by section 18.5.2.020-. Security bars tr~es_en windows and~_;Ioooirs ar prohibited. 4. The dispensary establishment must not have a d pJ1CQ S. The dispensary must provide for secure disposalof mariia na remnants or hy_ ~s~`h'la~ll not he planed within the , dispensary's exterior refuse song 6 The di 'sar is registered with the Oregon Health Au of ~-ccr rity under the state e y I registered the ":J rs„--crr~r Oregon's medmeal marijuana facility registration system ender ORS 475.300 ORS 476.346, and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities R_ Other Locations. Medical marijuana dispe ~ept as allowed On sect' 18.2.3.190.A, are subject to a Conditional I Ise Dermit under chapter 18.6.4 and shall 1. The dispensary must be located 200 feet or more fFom a residential zone, exe-ept that dR are not permitted On the Downtown Design Standards zo Ordinance No. Page 17 of 31 7 The dispensary must be located in a permanent budding and Fnay not locate in a container, rgo or rnot yehicla.,. storage o vf merchandise, rcrr~Ocrccrvv■utdoor ~ cvracJ... rzraw trailer, or other material associated with the dis.- - - I M . irohmbmted. materials, 3m Any modifications the subie ct site -or-exterior of a building housing the dispensary must he coonsictent with the Site Resign Use Standards and obt~if} yal if required by cention 18.5.2.020. Security hers or grates on wi mews d doors are prohibited. 4-The dispensary must not have a d i 6- The dispensary must provide for secure disposal of marm." ints or by 7 such remnants or by products shall not be placed within the disnensaryls evte.rior refuse containers. The do nens~rI is Te.-i-fered wath the Oregon Health Authority under the state o v. Orego W-s medical arijuana facility registration system under ORS 476m300 ORS meets the requirements of OAR Chapter 333 Division 8 Medical 476.346, and Marijuana Facilities. a. Location. i. Marijuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard. ii. Marijuana retail sales except as allowed above in subsection 18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and are subiect to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. iii Mariluana retail sales are not permitted in the Downtown Design Standards Zones. iv. Mariluana retail sales must not be located within 1,000 feet of another marijuana retail sales outlet. For the purposes of determining the distance between a retail sales outlet and another retail sales outlet "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved retail sales outlet to the closest point anywhere on the premises of a proposed retail sales outlet. If any portion of the premises of a proposed retail sales outlet is within 1,000 feet of an approved retail sales outlet it may not be approved. For the purpose of this section premises is all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, rest rooms and storerooms. b Drive-up Use. The marijuana retail sales outlet must not include a drive-up use. SECTION 4. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 18 of 31 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. A. Setback Yard Exceptions. See subsection 18.2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. 1 ~ G; 10 o Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line Ordinance No. Page 19 of 31 F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements-. 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 5 Chapter 18.3.2 [Croman Mill District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.2.040 Allowed Uses A. Uses Allowed in Croman Mill Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.2.040 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. B. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS A. Residential Residential Uses S S N N N Agricultural Uses, except Keeping of N N N N N Livestock BKey: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 9 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 20 of 31 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS Keeping of Bees, Micro-Livestock and N N N N N Livestock Marijuana Cultivation, Homegrown S S N N N Temporary Employee Housing N N S S N B. Commercial Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales P N N N N and repair Limited stores, restaurants, and shops, excluding fuel sales, automobile sales, and N S or C S or C S or C N repair, including marijuana retail sales Professional, financial, business, and medical N P P S N offices Administrative or research and development N P P P N establishments Child or day care centers P S S S N Fitness, recreations sports, gym or athletic club P N N N N Ancillary employee services (e.g., cafeteria, N S S S N fitness area) Kennels (indoor) and veterinary clinics N N S S N Motion picture, television or radio broadcasting N P P P N studios Temporary uses C C C C C C. Industrial Manufacturing, assembly, fabrication or packaging including manufacturing of food N P S P N products Limited manufacturing affiliated with a retail S N N N N use Marijuana laboratory, processing, and N S S S N production Rail freight loading dock facilities N N N P N Rail or rapid transit passenger facilities P P P P N Warehouse and similar storage facilities, N S S S N including marijuana wholesale Limited outdoor storage N S S S N Wireless communication facilities attached to C C P P N an existing structure pursuant to 18.72.180 Freestanding wireless communication support C C C C N structures pursuant to 18.72.180 D. Public and Institutional Public service or community buildings with P C C C P office or space used directly by the public Public service or community buildings without C C C C C office or space used directly by the public Public and quasi public utility facilities S S S S S Ordinance No. Page 21 of 31 Table 18.3.2.040 - Croman Mill District Uses Allowed by Zone Croman Mill District Zones NC MU OE CI OS enclosed in a building Oregon Department of Transportation (ODOT) S N N N N maintenance facility and yard Private school, college, trade school, technical school or similar school C C C C N Electrical substations N N C C N 'Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. `Zones: NC = Neighborhood Commercial; MU = Mixed Use, OE = Office Employment, Cl = Compatible Industrial; OS = Open Space. D. Special Permitted Uses. The following uses and their accessory uses are special permitted uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Residential Uses. Residential uses provided all of the following standards are met. a. The ground floor area shall be designated for permitted or special permitted uses, excluding residential. b. Residential densities shall not exceed the densities in section Dimensional Regulations. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. c. Residential uses shall execute a hold harmless covenant and agreement stating they shall not protest impacts from commercial and industrial uses within the district. 2 Marijuana Cultivation, Homegrown. Subject to the standards in section 18.2.3.190. 33. Temporary Employee Housing. Residential units for use by persons employed within the facility and their families when all of the following standards are met. a. Employee housing densities shall not exceed two units per acre. For the purposes of density calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75 of a unit. b. The employee housing shall be in conjunction with a permitted or special permitted use on the property. c. Units shall be restricted by covenant to be occupied by persons employed by a business operating on the property. Stores, restaurants, and shops less than 3,000 sq. ft., excluding fuel sales, automobile sales and repair, including marijuana retail sales 34. Limited Commercial Services and Retail. Stores, restaurants, shops, child/day care facilities, and ancillary employee services, when all of the following standards are met. a. In the CI,MU, and OE zones, a maximum of 15 percent of the gross floor area in a building may be used for any or a combination of the following special permitted uses when the Ordinance No. Page 22 of 31 standards in this section are met: limited stores, restaurants, and shops; child or day care facilities; and ancillary employee services. b. Limited Stores, Restaurants and Shops. In the MU zone, the floor area shall be limited to retail uses in conjunction with a permitted use. c. Child or Day Care Facilities. Primary program activities are integrated into the interior of the building. d. Ancillary Employee Services. Developments may include ancillary employee services such as cafeterias, fitness areas, or other supportive services generally intended to support the needs of employees when the following standards are met. i. The use is integrated into the interior of the building. ii. The ancillary employee services shall be in conjunction with a permitted or special permitted use on the property. e. Marijuana Retail Sales. Marijuana retail sales are subject to the standards in 18.2.3.190. 45. Professional Financial, Business and Medical Offices in CI Zone. Developments in the Cl zone may include ancillary office uses to support the operations of a permitted use on-site provided the maximum floor area dedicated for office uses shall not exceed 50 percent of the ground floor area. 66. Kennels. Kennels when all of the following standards are met. a. Kennels shall be located at least 200 feet from the nearest residential dwelling. b. All animals shall be boarded within a building at all times. c. No noise or odor shall emanate outside the walls of the building used as a kennel. d. A disposal management plan shall be provided demonstrating all animal waste will be disposed of in a sanitary manner. 67. Manufacture Assembly Fabrication, and Packaging in OE Zone_ Developments in the OE zone may include ancillary manufacturing, assembly, fabrication, and packaging uses to support the operations of a permitted or special permitted use on-site when all of the following standards are met. a. The maximum floor area dedicated to manufacturing, assembly, fabrication, and packaging shall be 50 percent of the ground floor area. b. No outside space shall be used for the manufacturing, assembly, fabrication, and packaging processes. 7-8. Limited Manufacturing Affiliated with a Retail Use. Manufacturing, assembly, fabrication, or packaging contiguous to and associated with a retail space, provided the maximum floor area dedicated to manufacturing occupies 1,000 square feet, or ten percent of ground floor area, whichever is less. 9. Marijuana Laboratory, Processing, and Production. Ordinance No. Page 23 of 31 a Marijuana laboratory processing ,and production are subject to the standards for marijuana-related businesses in 18.2.3.190. b In the OE zone marijuana laboratory, pprocessing, and production are subject to subsection 18.3.2.040.D.7, above. 010.Warehouse and Similar Storage Facilities. Warehouse and similar storage facilities when all of the following standards are met. a. The maximum floor area dedicated for use as warehouse or similar storage uses in the OE and MU zones shall be 50 percent of the ground floor area. b. Warehouse and storage facilities shall be provided only in conjunction with, and for the exclusive use by, a permitted or special permitted use on the property. c. Self-service mini-warehouses are prohibited. d. No outside space shall be used for storage, unless approved as a limited outdoor storage area. e Mariiuana Wholesale. A marijuana wholesale storage and distribution operation shall limit deliveries and shipments to 7:00 a.m. to 9:00 p.m. within 200 feet of a residential zone and are subject to the standards for marijuana-related businesses in 18.2.3.190. 911. Limited Outdoor Storage. Limited outdoor storage associated with a permitted or special spermitted use when all of the following standards are met. a. The maximum area dedicated to outdoor storage shall be 1,000 sq. ft. in the OE and MU zone; and 2,500 sq. ft. in the Cl zone, or 50 percent of the ground floor area of the building housing the associated permitted or special permitted use, whichever is greater. b. The outdoor storage shall be located behind or on the side of buildings, and shall be located so the outdoor storage is the least visible from the street that is reasonable given the layout of the site. c. The outdoor storage shall be screened from view by placement of a solid wood or metal fence, or a masonry wall from five to eight feet in height. d. The associated permitted use shall obtain a minimum of 50 percent of the employment density targets for the Croman Mill District. 4-012.Public and Quasi-Public Utility Service Buildings. Public and quasi-public utility service buildings when all of the following standards are met. a. Facilities and structures that are accessory to a public park in the OS zone, including but not limited to maintenance equipment storage, enclosed picnic facilities, and restrooms. b. Public and quasi-public utility service building relating to receiving and transmitting antennas and communication towers are subject to the applicable provisions of 18.4.10. c. Public and quasi-public utility service building shall demonstrate all of the following. i. The need for the facility, present or future; and how the facility fits into the utility's master plan. Ordinance No. Page 24 of 31 ii. The facility utilizes the minimum area required for the present and anticipated expansion. iii. Compatibility of the facility with existing surrounding uses and uses allowed by the plan designation. 4413.Oregon Department of Transportation Maintenance Facility and Storage Yard. For the Oregon Department of Transportation Ashland maintenance facility and storage yard located on property within the NC zone, all the following shall apply. a. Buildings may be enlarged or replaced subject to Basic Site Review Standards. b. Are exempt from the Dimensional Regulations per 18.3.2.050 with the exception of minimum side and rear yard setbacks abutting a residential district and maximum height. c. Are exempt from the requirements of part 18.4 Site Development and Design Standards, and the requirements of 18.3.2.060 Croman Mill District Site Development and Design Standards. SECTION 6 Chapter 18.3.3 [Health Care Service District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.3.030 Permitted Uses The following uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and wellness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City by ordinance. SECTION 7 Chapter 18.3.5 [North Mountain Neighborhood District] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or Ordinance No. Page 25 of 31 include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 26 of 31 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone North Mountain Neighborhood Zones NM-R-1-7.5 NM-R-1-5 NM-MF A. NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N n ltural Uses P- - R R P S Home Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock _ Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of Worship N N N S N Utility and Service Building, Public and Quasi-Public, excluding outdoor storage N N N S N and electrical substations _ B. Commercial Neighborhood Clinics N N N P N Neighborhood Oriented Retail Sales and N N N P N Services Offices, Professional N N N P N Restaurants N N N P N Temporary uses N N N CU N C. Industrial _ Manufacturing, Light N N S N Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. 2 Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, Cl = Compatible Industrial; OS = Open Space. D. Special Permitted Uses. The following uses and their accessory uses are special permitted uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of ° Key: P = Permitted Uses; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. " Zones: NC = Neighborhood Commercial; MU = Mixed Use; OE = Office Employment, CI = Compatible Industrial; OS = Open Space. Ordinance No. Page 27 of 31 dwelling units must not exceed two per lot. c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. aIn the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Marijuana Cultivation Homegrown. Subject to the standards in section 18.2.3.190. 3. Community Services. a. In the NM-R-1-5 zone, each building maybe up to a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neighborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Neighborhood Oriented Retail Sales and Services. Each building may be up to a maximum of 3,500 square feet of gross floor area. 7. OfficesyProfessional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Religious Institution, Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 9. Utility and Service Building Public and Quasi-Public. Each building may be up to a maximum of 3,500 square feet of gross floor area SECTION 8 Chapter 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 28 of 31 Greenhouse A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment or for subsequent sale. Homegrown Marijuana Mariiuana plants planted cultivated, grown and harvested by a person 21 years of age or older for personal consumption, whether for medical or non-medical purposes or for a medical marijuana card holder. Medical marijuana grow sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation The cultivation of homegrown marijuana and related activities such as processing keeping, or storage of homegrown marijuana. - Cultivation Area. The area within which marijuana plants are grown on a lot. The cultivation area is the total of the individual areas of the marijuana plants at maturity. The individual area of a marijuana plant is calculated based on an imaginary vertical line extending downward from the outermost tips of the mariiuana plants branches to the ground. - Resident Grower. An individual engaged in the cultivation of homegrown marijuana for personal consumption whether for medical or non-medical purposes, or for a medical marijuana card holder. Marijuana The plant Cannabis, family Cannabaceae or any part or seed of the plant. It does not included industrial hemp. - Medical Marijuana Mariiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475 300 - ORS 475 346) Grown and sold by registered persons and facilities with the Oregon Health Authority (OHA). - -Recreational Marijuana Marijuana used for personal consumption by a person 21 years of age or older. Marijuana Plant Immature and mature plants of the plant Cannabis family Moracae. Marijuana-Related Businesses. Marijuana-related businesses licensed by the Oregon Liquor Control Commission (OLCC) or registered by the Oregon Health Authority (OHA) Marijuana-related businesses are organized into the following categories. - Laboratory. A laboratory that tests marijuana and marijuana items. Ordinance No. Page 29 of 31 Processinq Processinq compounding or conversion of marijuana into cannabinoid products concentrates, or extracts. Production Planting cultivating growing harvesting, or drying marijuana. Medical marijuana prow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. Retail A business that sells marijuana and marijuana products to the consumer. Wholesale An operation that handles and distributes marijuana and marijuana products for the purpose of resale. --Medical Marijuana Dispensary. An F facility registered by t regon Health Authority under ORS 475.300 to 475.346 that dispense marijuana pursuant to ORS 475.314. SECTION 9. Savings. Notwithstanding this amendment/repeal. the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 10. 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 It. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) 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 2015, and duly PASSED and ADOPTED this day of _ , 2015. Barbara M. Christensen, City Recorder Ordinance No. Page 30 of 31 SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 31 of 31 f /~ldid., d(Ew4'k6!w"'., l l`r to U) M 0 Q O y O N I Oa J~ NON OZI O = cn N", N U (Q i Q (B C N C6 L O Q O oe > -s r ~s 4- 0 !A to cn v cu 0 Q i O c_ 0 4111111", 0 72 N O E( % , O a~ ca N _ 0,_ E cu: / OF M NU) N O N III: (1) 2 0 4- 0 Tolman Creek Rd - - - 3: It W U _ -0 E U® N € - O 0 O O O ~ ..Q ~ II 1~~ - 11 UW m I - c) , X u f C W - ~t=1 r ~J I - - - I I _71 1 - - - - - - - - - - - - - - - - - - _ -J I 11 I v ` 1 j r any noW N \l k- E l; y ~l ° F 4 T v - - - - w r E3 t F f m ~ h -1 ~t - -LA a C ~ -or t , \`I r s I~ , 11 -1 ii l - - - - - - i , l _ L 7 t; 9GOZ/tiZ/b4 :dew jo ejep CITY OF ASHLAND RECORD FOR PLANNING ACTION #2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2,18.2.3,18.2.5, 18.3.3,18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. DATE ITEM PAGE # 10/27/2015 Planning Commission Minutes 1-4 10/27/2015 Planning Commission Packet Agenda 5 Staff Report 6-15 Draft Ordinance 16-40 Map of Eligible Dispensary Locations 41 Public Input 42-64 08/25/2015 Planning Commission Minutes 65-67 08/25/2015 Planning Commission Packet Agenda 68 Staff Memo 69-71 Draft Ordinance 72-94 06/23/2015 Planning Commission Minutes 95-96 06/23/2015 Speaker Request Form 97 06/23/2015 Planning Commission Packet Agenda 98 Staff Memo 99-101 Draft Ordinance 102-119 Recreational Marijuana FAQs 120-125 Public Input 126-127 CITY OF ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES OCTOBER 27, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Maria Harris, Planning Manager Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar updated the commission on the Normal Neighborhood Plan. He stated the City Council has held two meetings and approved first reading of two of the three ordinances. The Council made a minor amendment to reduce the size of the neighborhood commercial overlay and the ordinances have been continued to November 17, 2015. Mr. Molnar requested the commission check their holiday schedules and stated it is likely either the November or December study session will be cancelled. PUBLIC FORUM No one came forward to speak. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. Planning Manager Maria Harris reviewed the draft ordinance and noted the ordinance addresses both homegrown marijuana and marijuana related businesses. She explained the following changes have been made to the ordinance since the commission's last review: • Laboratories were added as an eligible use in the E-1 and M-1 zones. • Marijuana related businesses were added to the list of prohibited uses for a home occupation. • The limitation on the number of indoor plants was deleted. • Removed the sliding scale for number of plants allowed on larger lots. • Removed language prohibiting homemade marijuana extracts. • Added language to ensure outdoor grows are secured at all times. • Added 1,000 ft. separation requirement for retail outlets. • Added language that prohibits vacant dwelling units for being use for marijuana cultivation. Ashland Planning Commission October 27. 2015 Page 1 of 4 1 Ms. Harris identified the following items for commission deliberations: Cultivation Area Location Ms. Harris stated the draft ordinance includes a requirement for residents to locate the cultivation area closer to their primary residence than to dwellings on adjoining properties or to dwellings in the same multifamily development. However, staff has some concerns about this. Ms. Harris explained this would be a fairly complicated standard for a resident grower to figure out and would likely require review of aerial maps to determine distances. This requirement would also be more difficult for staff to administer and enforce. Maximum Plant Height Ms. Harris stated the current draft sets a 10 ft. maximum height, however staff has suggested coordinating this with the 6.5 ft. maximum fence height. Setbacks Ms. Harris stated the draft ordinance establishes a 10 ft. setback from property lines and 20 ft. from residences. If the commission changed this to 20 ft. from property lines and 30 ft. from residences it would adversely impact many of the homes in the R-1.5 zoning district, as well as smaller lots and townhouses throughout town. Ms. Harris stated on larger lots the setback is not an issue, but smaller lots would not have an area eligible for outdoor growing. Southern Oregon University & Croman Mill Districts Ms. Harris clarified the need to add a provision for homegrown marijuana in the Southern Oregon University and Croman Mill zoning districts. She noted this was an oversight and should have been included in the original draft. Questions of Staff Commissioner Dawkins expressed concern with the cultivation space requirements and stated he is not clear why this limitation is needed or whether 50 sq.ft. is enough space. He also recommended the measurement of the setback be taken from the center of the plant's base. Comment was made that the restrictions are there to limit odor. Dawkins countered that residents are already limited to four plants. Community Development Director Bill Molnar explained the intent was to limit the size of the planting area and associated odor, and stated a single marijuana plant can grow to 25 sq.ft. Commissioner Thompson suggested the ordinance include a reference to the limitations set by the state law. Ms. Harris stated staff did discuss this with the city's attorney and came to the conclusion to not reference all of the state's laws and rules since they are constantly evolving. Commission Thompson requested the ordinance include a statement similar to %n addition to the requirements contained in... "so that people are aware that there are other requirements that apply. Commissioner Pearce commented on section 18.2.3.190.A.3 and asked how this ordinance would apply to someone who owned multiple lots. Ms. Harris stated if someone owns multiple lots on a contiguous piece of property staff would treat this as a single lot; however, she stated she would look into this further. Request was made to amend the Homegrown Marijuana definition (pg. 36) to read: "...forpersonal consumption, whether for medical or non-medical purposes, orfora medical mar-#uana cardholder. "Amendment request was also made to change 18.2.3.190.4.B.1.a to read: "Outdoormar#uana cultivation orstorage of merchandise, rawmaterials, orother material associated with the business is prohibited. "A typo was noted at the top of page 36; it should be corrected to read: cultivation of fragile or out-of-season pa lnts for personal etyoyment or for subsequent use. " Staff was asked whether limiting the height would reduce odors. Ms. Harris explained the 6.5 ft. height limitation was suggested to address visibility issues from other residences as well as security concerns. She stated if people can't see it hopefully they won't try to access it. Comment was made that using the fence height is an easy marker for homeowners to know where they need to top their plants. Comment was made expressing concern with the term "limiting view" and it was questioned if the ordinance should say "prohibit view" instead. Ms. Harris stated you can't completely limit the view from a two-story residence, but if you go with the fence height limitation neighbors won't be able to see the plants from yard level. Ashland Planning Commission October 277 2095 Page 2 of 4 2 Staff was asked how the noise created by fans will be addressed. Ms. Harris clarified the legal department will be updating the nuisance section of the municipal code to address this. Staff was asked if a minimum setback would present the same problems as requiring residents to locate grow areas closer to their residence than adjacent residences. Ms. Harris stated the setback is a bit more manageable because it is a set figure that applies to everyone. Staff was asked why the plant height would be limited if they are not visually unappealing and it was noted other plants (tomatoes, etc.) do not have a height limitation. Ms. Harris explained staff has received concerns from residents with children who live next door to grows and this would limit the potential for children to access the plants. Staff was asked to explain the removal of the indoor growing limitation. Ms. Harris stated the city cannot legally enter a person's home and therefore any city limitation on the number of indoor plants would be unenforceable. It was noted, however, that the state does limit the total number of plants allowed. If you have four or less plants total, you are not subject to the state's licensing requirements, but if you have more than four plants you must adhere to the state's regulations. Commissioner Dawkins noted that retail establishments cannot be both medical and recreational; they have to be registered as one or the other under state law. Commission Deliberations Commissioner Mindlin stated she is not in favor of limiting height and stated marijuana is now legal and people's attitudes will eventually change about seeing it. She added limiting the height could create a hardship for someone attempting to grow a plant and could kill it. However, she stated she is very concerned with odor and voiced support for the restriction on the size of the cultivation area, even if this means people can't grow four large plants outdoors. Commissioner Norton voiced support for Dawkins' idea to use the base of the plant when measuring where it sits in the 50 ft. cultivation area. Commissioner Brown stated he would prefer to be more restrictive starling out and agreed that the community's attitude will change over time. He voiced support for the 6.5 height limit and stated this will help with security. He added if down the road they find 6.5 ft. is not working it can be increased. The setbacks could also be changed to be more lenient in the future if it's deemed appropriate. Commissioner Pearce voiced support for the larger setbacks and keeping the language that states the cultivation area needs to be closer to the residence than neighboring residences. Commissioner Miller disagreed and sated this is too subjective. She added the city has setbacks for chickens, and goats, and everything else and believes this would work fine. She noted she is also in favor of the larger setbacks, even though this won't work for townhouses and smaller lots. Commissioner Dawkins stated he is not in favor of the cultivation area. He stated growing marijuana is a big job and most people won't find satisfaction in it. And by legalizing it, there will be a much wider selection available at retail stores. He added if the ordinance is too restrictive it will push people to grow indoors and people should be allowed to use our climate for this. The commission discussed reducing commercial sites from 10,000 sq.ft to a maximum of 5,000 sq.ft. Comment was made that they should not be encouraging commercial sites in the city and these should be located in agricultural areas instead. Statement was made that if the maximum size was reduced this would push these uses out to where they really belong. General agreement was voiced to lower the maximum commercial site size to 5,000 sq.ft. Commissioners Dawkins/Thompson m/s to restrict commercial sites to 5,000 sq.ft. Voice Vote: all AYES. Motion passed unanimously. Commissioners Brown/Dawkins m/s to include the Southern Oregon University and Croman Mill zoning districts to the ordinance. Voice Vote: all AYES. Motion passed unanimously. Ashland Planning Commission October 27, 2015 Page 3 of 4 3 Ms. Harris clarified she would correct the minor word-smithing items raised during deliberations and would include a reference in the homegrown section to the state law requirements. Commissioners Pearce/Dawkins m/s to recommend approval of PL-2015-01677 as amended. Roll Call Vote: Commissioners Dawkins, Thompson, Brown, Norton, Miller, Pearce, and Mindlin. Roll Call Vote: all AYES. Motion passed unanimously. ADJOURNMENT Meeting adjourned at 8:25 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission October 27. 2015 Page 4 of 4 4 Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING OCTOBER 27, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street it. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. LEGISLATIVE PUBLIC HEARING A. PLANNING ACTION: PL-2015-01677 DESCRIPTION: An ordinance amending chapters 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 and 18.6.1 of the Ashland Land Use Ordinance relating to homegrown marijuana cultivation and marijuana- related businesses including production, processing, retail sales, testing, and wholesale. VI. ADJOURNMENT CITY OF -ASHLAND ,r In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 5 ASHLAND PLANNING DIVISION STAFF REPORT October 27, 2015 PLANNING ACTION: #2015-01677 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.2.2 Base Zones and Allowed Uses AMC 18.2.3 Special Use Standards AMC 18.2.5 Standards for Residential Zones AMC 18.3.3 Health Care Services District AMC 18.3.5 North Mountain Neighborhood District AMC 18.6.1 Definitions REQUEST: Amendments to the Ashland Municipal Code creating standards for cultivation of homegrown marijuana and perrnitting marijuana-related businesses as allowed by state law in the Commercial (C-1), Employment (E-1), and Industrial (M-1) zones. 1. Relevant Facts A. Background In 1998, Oregon voters approved Ballot Measure 67, the Oregon Medical Marijuana ACT (OMMA) (ORS 475.300-475.346). Since that time, the Legislature amended OMMA on a number of occasions. In 2013, the Oregon Legislature passed House Bill 3460 that provided a system for registration and regulation of medical marijuana dispensaries ("dispensaries"). The law went into effect on March 1, 2014. The Oregon Health Authority (OHA) administers the state medical marijuana program including registration of medical marijuana grow sites and dispensaries. In 2014, the Oregon Legislature approved Senate Bill 1531 granting local jurisdictions the authority to establish local restrictions for dispensaries and the ability to put into effect a temporary dispensary moratorium to allow cities and counties additional time to enact restrictions. The additional regulations went into effect March 19, 2014. In July 2014, the City Council passed an ordinance amending the Ashland land use ordinance to allow medical marijuana dispensaries in the C-1, E-1, and M-1 zones. The attached dispensary map shows the locations of the approved medical marijuana dispensaries in Ashland. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page i of 10 6 In November 2D14, Oregon voters approved Ballot Measure 91, legalizing the growing, distribution, possession, and use of marijuana in certain amounts for non-medk_,al personal use by persons 21 years of age or older. Measure 91 also designated the Oregon Liquor Control Commission (OLOC) as the agency charged with licensing and regulating the growing, processing, and sale of recreational marijuana. In 2915, the Oregon Legislature passed a series of bills, including House Bill 3400, that made reforms to OMMA and Measure 91. OMMA was amended in a number of ways including limiting the number of plants allowed at a medical marijuana grow site and allowing medical marijuana growers to apply for a recreational grow license. Measure 91 was also amended in a number of ways including allowing for personal making, processing or storing homemade marijuana concentrates and directing OLCC to adapt restriction on the size of recreational marijuana grows. SB 450 allowed the sales of recreational marijuana by medical marijuana dispensaries on October 1, 2015, The bill also allowed a city or county to prohibit the sale of recreational marijuana at medical marijuana dispensaries by adopting an ordinance to that effect. The City Council discussed the option of preparing an ordinance to prohibit the early sale of recreational marijuana at the July 21, 2015 meeting and decided not to move forward with a prohibition. The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. In addition, the households may process, keep, and stare limited amounts of homegrown marijuana and homemade marijuana products, OLCC begins accepting li tense applications for processing, production, testing, retail and wholesale operations on January 4, 2016, There are three medical marijuana dispensaries in Ashland that are approved by the Cite and registered with OHA and one dispensary approved by the City and pending approval by OHA. i The Planning Commission held study session discussions on draft standards for personal or "homegrown" marijuana grow sites and for marijuana-related businesses on June 23, 2015 htt :IJ~ wwvv.ashland,or.us/SIB/files/2015-06- 23 PC Packet 1Neb.12df and August 25, 2015 http://www_ashiand.or.us/Filest2015-08-25 PC Packet Web2..pd . B. Ordinance Amendments FranningAcCGa PA 2015-01671 Ashland P~airing division - Staff Report Applicant: City of Ash`<ad Page 2o'10 7 The proposed amendments to the land use ordinance are attached. The amendments are intended to balance the allowances for recreational and medical rarijuana in state law with the mitigation of potential nuisance and safety impacts to residential neighborhoods from growing marijuana on residential properties and from marijuana-related businesses. Changes or additions to the draft made since the August 25, 2015 Planning Commission study session are highlighted. The proposed amendments address two areas personal or homegrown marijuana and rarijuana-related businesses. The existing special use standards for medical marijuana dispensaries in 18.2.3,190 have been revised to incorporate the proposed amendments to address the two areas. Homegrown Mariitlatla Homegrown marijuana is defined in the proposed amendments as growing and harvesting marijuana for personal consumption by a person 21 years or older, whether for medical or non-medical purta+oses, or for another medical marijuana card holder, Medical marijuana grow sites located in residential zones are considered homegrown marijuana for the purpose of the City's ordinance. The resident grower is defined as the person cultivating the homegrown marijuana- `i he draft ordinance amendments allow homegrown marijuana cultivation as a special use in the residential zones including the North Mountain Neighborhood, the Health Cary: Services District, and the C-1, E-1, and M-1 zones, Homegrown marijuana is allowed in the non-residential zones because dwelling units are permitted in some of these areas as part of a mixed-use development. In addition, there are examples of pre-existing nonconforming single-family residences in the C-1, E-1, and rA-1 zones (e.g., the homes on the south side of A St.). As a special use, hornegrovin marijuana cultivation= is subject to the special use standards in 18.23.190.A (see page 14-16 of attached draft). The proposed amendments address outdoor and indoor homegrown marijuana cultivation and are summarized below. • The resilient grower must live on the property and the property must be the primary residence of the resident grower. • Drying, storage, or processing of homegrown marijuana has to be located in the dwelling unit or an accessary structure and cannot be located outdoors. Up to four homegrown marijuana plants are allowed to be grown outdoors meeting the following requirements, o Plants cannot be located in the front yard and cannot be visible form a public place, public street, or any area that the general Planning A dicn PA 2015-411677 A.sNarid Manning Division - Staff' Repot Applicant C Qy of Ash aqc Page 3 cr 10 8 public has access such as schools, playgrounds, parks, open space, paths, and trails. o Plants must be screened to limit view and access from adjacent residential properties with a wood fence or masonry wall. Access points have to be secured at all times to prevent unauthorized access. o An area up to 50 square feet in size is allowed for outdoor cultivation. o The cultivation are must be located closer to the resident grower's primary residence than to dwellings on adjoining properties and a minimum of 20 feet from dwellings on adjoining properties and 10 feet from any property line. o The maximum plant height is 10 feet. m Indoor homegrown marijuana cultivation must meet the following requirements. o Lighting systems associated with indoor cultivation must be shielded and windows covered to confine light and glare to the interior of the structure. o Any structure, electric service, plumbing, or mechanical equipment must satisfy Building Code requirements and obtain require building permits prior to installation. o Vacant or uninhabited dwelling units cannot be used for marijuana cultivation. No dwelling unit can primarily be used as a place to cultivate marijuana. Discussion of Homegrown Marijuana Proposed Amendments State law for recreational marijuana allows up to four marijuana plants per household and for medical marijuana allows up to 12 mature plants per address in residential zones and up to 48 plants per address in all other zones. State law does not distinguish between outdoor and indoor cultivation. Household is defined in Measure 91 as "a housing unit, and includes any place in or around the housing unit at which the occupants of the housing unit are producing, processing, keeping, or storing homegrown marijuana or homemade marijuana products." Housing unit is defined in Measure 91 as "a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as a separate living quarters, in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall." The cultivation of marijuana in the city limits appears to have increased over the past few years because of an increase in medical marijuana grows allowed under state law. As a result, the City began receiving nuisance-type complaints related to the odor produced by marijuana plants grown outdoors. Neighbor complaints Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 4 of 10 9 include not being able to enjoy their backyard and not being able to open their windows because of the strong odor produced by the marijuana grown on adjacent property. In addition, complaints have involved impacts from light, glare, and noise from mechanical equipment (e.g., lights systems, fans) related to indoor cultivation and odor from processing (e.g., drying) plants in garages and accessory structures. Though not numerous, the more extreme cases have involved using garages and/or portions of the home for indoor cultivation. Larger scale indoor cultivation in residential situations can consume electricity nearing commercial levels and potentially can be a safety issue. The purpose of setbacks, a height limit, and a maximum cultivation area for outdoor marijuana cultivation is to limit the location, size, and scale of the grow area. The intent of limiting the location, size, and scale of the grow area is to reduce adverse impacts to neighboring properties and maintain the dwelling unit and the associated yard area as the primary use of residential properties. Based on staff's experience with past code compliance cases the suggested setback may mitigate but will not prevent odor from reaching neighboring properties. One thing to note is that any setback or area requirements will be more difficult to meet on smaller properties and/or properties with multiple dwellings on the same lot. The code compliance complaints received by the City thus far have been single-family dwelling situations with one dwelling unit on one lot. Marijuana-Related Businesses Marijuana-related businesses are those enterprises allowed by state law and licensed by the State including processing, production (growing), retail sales (medical and recreational), testing (laboratories), and wholesale storage and distribution. The draft ordinance amendments allow marijuana retail sales as a special and conditional use in the C-1 and E-1 zones and allow processing, production, testing, and wholesale as special permitted uses in the E-1 and M-1 zones. The previous standards for medical marijuana dispensaries are carried forward and some of those previous requirements are applied to all of the marijuana- related businesses. Marijuana-related businesses must meet the following requirements. • The business must be located in a permanent building. Outdoor storage and cultivation is prohibited. • Any modifications of the site or building must obtain Site Design Review if required. Security bars and grates on windows and doors are prohibited. • Marijuana remnant or byproducts shall have secure disposal. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 5 of 10 10 • The business must obtain an approved license or registration from the State of Oregon and meet all applicable state laws and administrative rules. • Lighting systems associated with indoor cultivation must be shielded and windows covered to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited. • Any structure, electric service, plumbing, or mechanical equipments must satisfy Building Code requirements and obtain require building permits prior to installation. • The property owner must record a declaration which waives the right to hold the City liable for damages from state or federal enforcement actions for activities the City permits under the new code. Marijuana retail sales continue to be prohibited in the Downtown Design Standards Overlay. There are two approval routes for retail sales depending on the proposed location. If the establishment will be located on a boulevard, marijuana retail sales continue to be a special use that must meet the special use standards in 18.2.190.13. If the establishment will not be located on a boulevard but is 200 feet or more from a residential zone, marijuana retail sales continue to require a conditional use permit. The attached dispensary map shows the locations of the approved medical marijuana dispensaries in Ashland. Marijuana retail sales must meet the standards required for marijuana-related businesses (described above on page 4) and the following standards. • Retail sales must be not be located within 1,000 feet of another marijuana retail sales outlet. • The retail sales outlet may not include a drive-up use. Marijuana laboratories, processing, and production must meet the standards require for marijuana-related business and the following standards. • Production facilities are limited to 10,000 square feet of gross leasable floor area per lot. • Laboratories, processing, and production facilities must be located 200 feet or more from residential zones. Discussion of Marijuana-Related Businesses The proposed amendments limit marijuana production facilities to 10,000 square feet of gross leasable floor area per lot. Outdoor cultivation associated with marijuana production is prohibited. OLCC recently released draft rules covering general requirements applicable to all marijuana licenses for the marijuana-related businesses. The draft rules limit canopy sizes to 5,000 to 10,000 feet for indoor production. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 6 of 10 11 States such as Colorado have allowed commercial grow operations in warehouse structures. Reported problems include high square footage needs with relatively few employees, continuous lighting, and inflated light industrial or warehouse rents, While none of the information is definitive, it may be prudent to initially limit the indoor grow operations so that employment lands are preserved for a variety of uses and employment intensities. According to the City's 2007 Economic Opportunity Analysis (EOA), approximately 15% of Ashland's employment is in the industrial or manufacturing sector, The average employment density forthe City's commercial, health care, employment, industrial zones is 17.2 employees per acre with more specifically an average of 9,2 employees per acre in the E-1 zone and 12.1 in the M-1 zone. Based on the average of 17.2 employees per acre, the employment land supply is projected to be sufficient through 2027, but begin to experience some deficits in the 2028-2057 time period. The existing code limits retail establishments in the E-1 zone to 20,000 square feet in size. The intent of this code provision is to retain a sufficient amount of E-t land for light industrial uses. The limitation on the size of production operations would be similar. The square footage limitation would allow indoor marijuana production of a reasonable size while preserving employment lands for different uses and potentially uses with higher employee per acre ratios- Currently, medical marijuana dispensaries must be located at feast 200 feet from residential zones. The draft is written so that the processing, production, retail, and testing operations would also have to meet this requirement. Because the legal marijuana industrpr is new. there is limited information available 3 about the impacts from marijuana laboratories, processing, and production and whether the uses create different or additional impacts (e.g., noise, odor, energy use, water use) compared to other general manufacturing uses. Typically, uses are required to be setback from residential zones if there are impacts such as odor from auto body painting or noise such as heavy machinery operation. The existing code requires automobile and truck repair, auto body repair or painting, and kennels with animals housed outside to be at least 200 feet from residential zones. Cabinet, carpentry and machines shops can be located within 200 feet of a residential zone but are a conditional use. Wholesale distribution is allowed as a special permitted use within 200 feet of residential as long as the hours of deliveries and shipments occur between 9:00 a.m. and 7:00 p.m. Chances to Draft Changes or additions to the draft made since the August 25, 2015 Planning Commission study session are highlighted. Several changes are not highlighted Planing A-,Imn PA 2015-01677 Ashland PIar n ng DMsion Claff Report Applicant; City d Ashlanjtl PNe ~ Of to 12 because previous wording was removed from the proposed amendments. A summary of the changes with references to the page numbers in the ordinance is below. • Laboratory (page 10) - Laboratory was added as an eligible use in the E- 1 and M-1 zones. The State recently added laboratories to the type of eligible licenses for marijuana-related businesses. Laboratories are for testing marijuana and marijuana-related products. • Home Occupation (page 13) - Marijuana-related business was added to the list of prohibited uses for a home occupation. Previously, medical marijuana dispensary was a prohibited home occupation. • Total Number of Plants - The limitation of the total number of plants on a property including both indoor and outdoor locations was deleted. In discussions with other departments, it appears that this provision would be difficult to enforce. Instead, emphasis is place on the correct installation of electric, plumbing, and other mechanical equipment and maintaining the residential use of the property. • Sliding Scale - The allowance to increase the number of plants on residential properties for every 2,500 square feet of additional lot area was deleted based on the Planning Commission discussion. • Primary Residence (page 14) - For homegrown marijuana in section 18.2.3.190.A, the wording regarding primary residence was edited to make it clear that the resident grower must live on the property and the property must be the resident grower's primary residence. • Homemade Marijuana Extracts -The prohibition of homemade marijuana extracts was deleted. The recent legislation allows personal making, processing, or storing of up to 16 ounces of homemade marijuana concentrates. • Access (page 14) - Language was added requiring outdoor cultivation areas to be secured at all times to prevent unauthorized access. Also, previous language regarding greenhouses was deleted. • Cultivation Area Location (page 14) - Language added requiring an outdoor cultivation area to be located closer to the resident grower's residence than to a neighboring dwelling. Also, language added allowing outdoor cultivation area to be in separate cultivation areas. • Plant Height (page 15) - Language added requiring plants to not exceed ten feet in height. • Plumbing (page 15 and 16) - Plumbing added to the list of items for indoor grows that must meet Building Code and obtain any necessary building permits. • Vacant Dwellings (page 16) - Language added prohibiting vacant or uninhabited dwelling units from being used for marijuana cultivation. • Federal Law (page 16) - 18.2.3.190.B.f reworded for clarity. • State Law and Rule References - Specific ORS and OAR citations were removed. The state laws and rules are rapidly evolving and it is difficult to Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 8 of 10 13 continually update the references in the local code. Staff consulted with the Legal Department on this issue. • Retail Sales Separation (page 18) - Language was added requiring 1,000 feet between retail sales outlets. • Health Care Services District (page 20) - Language added allowing residences in the Health Care Services District to have homegrown marijuana. For example, much of the area round the hospital is residential and has the right to residential uses subject to the requirement of the R-2 zone. • North Mountain Neighborhood Zone (page 22) - Language added allowing residences in the North Mountain Neighborhood zone to have homegrown marijuana as well as other agricultural uses allowed in the residential zones. • Definitions (page 23) - A variety of definitions were edited for clarity and several definitions were added. For example, the licensed marijuana- related businesses were edited and consolidated in one grouping. II. Procedural 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type III. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance; this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information); and urban growth boundary amendments. The following planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. III. Conclusions and Recommendations If the Commission recommends approval of the attached ordinance, staff will prepare a formal recommendation to the Council for the Commission's review. The public hearing is scheduled at the Council on November 17, 2015. Planning Action PA 2015-01677 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 9 of 10 14 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5, 18.3.3, 18.3.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND MARIJUANA-RELATED BUSINESSES INCLUDING PRODUCTION, PROCESSING, RETAIL SALES, TESTING, AND WHOLESALE. Annotated to show d€Iaian-s-and additions to the code sections being modified. Deletions are bold fined thro gl and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, ]mown as the Control, Regulation, and 'T'axation of Marijuana and Industrial I lemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and WHEREAS, the Legislature passed four laws relating to medical and marijuana in the 2015 legislative session including I louse Bill 2400 amending the Oregon Medical Marijuana Act (OMMA) and Measure 91; and WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Cif 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 above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Ci of Beaverton v. International Ass'n of Firefighters, Local 1660, eavertonSh_ op 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHERE, AS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted Ordinance No. Page I of 25 16 to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, House Bill 3400 provides that cities may impose reasonable regulations including hours of operation, manner of operation, public's access to, and location on all four types of recreational licenses and medical marijuana grow sites, processing sites, and dispensaries; and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and WHEREAS, the City Council determined there has been an increase in marijuana cultivation, specifically in residential neighborhoods, because of an increase in medical marijuana grows allowed by state law; and WHEREAS, the City Council finds that the increase in marijuana cultivation resulted in an increase in code compliance complaints regarding odor related to outdoor marijuana cultivation as well as adverse impacts related to noise from mechanical equipment and lighting related to indoor marijuana cultivation in accessory structures such as greenhouses; and WHEREAS, the City Council determined it is necessary to establish rules and regulations for marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and general welfare of residential neighborhoods and neighboring properties; and WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on October 27, 2015; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on November 17, 2015; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are frilly supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: Ordinance No. Page 2 of 25 17 18.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18.3. B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. Ordinance No. Page 3 of 25 18 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. 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(7 Q (D N U z c Y N E _ CL _ W L Z V) - - D bO z a m o U U `D y o 'a t C Z Z iV U c II m r ~ U Z Z N m ~ - c ~ z z ro c ~ y - y cn a Z Z Q j a> U X (a z z a r> U t ~ Z Z 3 d ~ C N !r n E CD P a 3 N m II o r cn Q C C aj 01 m ~ cn T a lJl O C E C N a' C) W ° CIO E 0 N E rc ~ d Z N D II N N ~ co a a s U a (D (D to a) cl~ C ~ t>>ll ~ ~ ~ Y h LL U > ~ H H r O 26 SE(J'10N 2. Clr,rl tear 18.23 1Speci:tf Usc Standards-] Ionic. Occupr_16011) ofthe Ashland La rid Use 0-dinance is l rcl trrite~ttlcd to read w, li llc ws: 18.2.3.150 Horne Occupation A. Purpose and Intent. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture are appropriate in scale and impact to be. operated within a residence. Home occupations are recognized for their contribution in reducing the number of vehicle trips often generated by conventional businesses. It is the intent of this chapter that dome occupations not infringe upon the right of neighboring residents to enjoy the peaceful and safe occupancy of their hornes. B. Conduct of Home Occupation -Standards. I-lorne occupations are permitted pursuant to the following standards. Where a home occupation use does rot comply with one or more of the following requirements, the Staff Advisor rrray find the subject use is no longer permitted. 1. appearance of Residence. j a. The home occupation shall be restricted to the dwelling unit, accessory structure, or yard area not visible from the public right-of-way and be conducted in such a manner as not to give an outward appearance of a business, b. The home occupation shall not result in any structural alterations or addition$ to the dwelling or accessory structure that will change its primary use. c. No display of products and or equipment produced or used by the home occupation may be displayed so as to be visibly; from outside the dwelling or accessory structure, 2. Stora e. a. Outside storage, visible from the public right-of-way, or adjacent properties, is prohibited. b. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond that normally incidental to residential use is prohibited, r.. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in the dwelling or accessory structure. 3, Em to ees. a. Other than family members residing within the dwelling located on the home occupation site., there shall be no more than one full time equivalent employee, and no more than one employee at any given time. As used in this chapter, the term "home occupation site" means the lot on which the home occupation is conducted. b. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work at the home. c. The home occupation site shall not be routinely used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other Locations. 4. Advertising and Sicinage. No signs shall be permitted on a home occupation site.. Ordinance No. Nige 12 of25 i 27 5. Automobiles, Parkinn and Traffi . a. One commercial automobile associated with tree home occupation is allowed at the home occupation site. Such autntnobile shall be of a size that lydorrld not overhang into the public night-of-way when parked in the driveway or other location on the, home occupation site. h There shall be no excessive commercial vehicle deliveries from or to the home occupation site. Excessive deliveries are defined as more than three per day, during the hours of 7 a.m. to 7 p,ni. There shall be no commercial vehicle deliveries during the hours of 7 p.m. to a.►7I. c. There shall be no more than one client or custorner's automobile at any one time and no more than eight per day at the home occupation site. 5, Clients or customers are permitted at the horne occupation from 7 a,rn, to 7 p,m. only, C. Prohibited Uses, The following uses ar prohibited as horrte occupations, 1. Any activity that produces radio or television interference, noise, glare, vibration, smoke, or odor beyond allowable levels as determined by local, state, or federal standards. 2, Any activity ins+olving on-site retail sales, except as allowed in the Historic District Overlay or items that are incidental to the occupational use, such as the sale of beauty products from salons, lesson gooks or sheet music for music teachers, or computer so%vare for computer consultants. 3. Any of the following uses, and uses with similar obje :tionable impacts because of automobile traffic, noise, glare, odor, dust, smoke, or vibration. a. Ambulance service. b, Ammunition or firearm sales, c. Ammunition reloading business, d. Animal hospital, veterinary services, kennels, or animal boarding. e. Aut© and other vehicle repair, including auto painting. f. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, or large equipment on-site. g. M cfisat naari + na lisps say Marijuana-related business. d_ Permit Required -Application 1. No person shall conduct a home occupation without first obtaining a home occupation permit from the Planning Department and a valid business license as required under AMC title G. 2. The home occupation permit shall include such information as is necessary to determine the location and type of business; and the manner in which it will be conducted, If the Staff Advisor finds that the proposed home occupation complies with the requirements of this chapter, the Staff Adviser shall issue a permit. 3. The home occupation permit is valid only to the person named on the permit and for the Ordinance No. Page 13 of"25 28 k I business to be conducted at the location stated on the permit. The permit is not transferable to another location or to another applicant. 4. Issuance of a hcme occupation permit under this chapter shall not relieve the applicant from the duty and responsibility to comply *ith all other rules, regulations, ordinances, or other laws governing the use of the premises and structures thereon, including, but not limited to, the specialty codes defined in AMC 115.04, the fire code standards defined in AMC 15.28, or any private restrictions relative to the property. 5. The Staff Advisor may visit and inspect the site of a home occupation permitted in this chapter periodically to insure compliance with all regulations and conditions to which the pert-nit is subject, during normal business hours, and with reasonable notice. SECTION 3. Chapte 18.2.3 [Special [J t- Standards-Mcclical' Mari,jtinn i DispL.nsaryj of the rlslrl,rnd Land Use Ordinance is llcreby amended to read as f~llotii~ti: 18.2.3.190 Medical Marquana Dispensary Mariluana-Related Uses. A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed, i# shall meet all of the followi_ngreguirements. See definition of homegrown marijuana cultivation in part 18-6. 1. Primary Residence. The resident grower must live on the property where the cultivation of homegrown marijuana is located and that samproperty must be the primary residence of the resident grower. 2. Related Activities. An drying, kee in storage, or rocessin of homegrown marijuana shall be located within the dwelling unit or an accessory, structure and shall not be located outdoors. 3. Outdoor Cultivation. Up to four marijuana plants per lot are allowed to be grown j outdoors Outdoor homegrown marijuana cultivation shall meet all of the following requirements. a. Locate marijuana plants so the plants are not visible from a public place, public street or any area that the general public has access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails Marijuana plants shall not be located in a front yard. b. Screen marijuana plants to limit view and access from adjacent residential properties with a solid wood fence or masonry wall. Any access points to the cultivation area must be secured at all times to prevent unauthorized access. For fence and wall design requirements see section 18-4.4.060- c, Dimensional Standards. Marijuana plants grown in outdoor cultivation areas shall meet all of the following dimensional standards Including Table 18.2.3.190.c. i. Locate cultivation area closer to the primary residence of the resident grower than to dwellings on adjoining properties or to dwellincts in the same multifamily Y development. Ordinance No. Page 14 of 25 29 ti. Marijuana plants may be located in one cultivation area or in separate cultivation areas throughout a yard. Table 18.2.3.19p.3.t fJutdot3r Cultivatiatt Dimensional Standards for Homegrown Marijuana Number of Maximum Maximum Minimum Setback from Minimum Setback from Marijuana Plants Cultivation. Area Mar igana I ut Any Property Litre Dwellings on Adioinintt Allowed Hectht' Prupcrties d or fewer plant s 50 stluare feet 10 Feet 10 feet 20 feet --All a visible above the ground level shall be contained with the perimeter of the ~sarts of a marnuana planks tha# ar cultivation area. Where plants are located separately, the combined total of the Individual cultivation shall not exceed the maximum cultivation area. 2Mariiuana plants shall not exceed ten feet in height from the top of the average surroundingrade. a Mariiuana plants must also be located utie setback distance from an wultifamily dwelling unit within a multifamily development. j d. Multi-Family Development. Homegrown marijuana may be cultivated outdoors on a lot a containing multi-family dwellings in conformance with the requirements of subsection 18.2.3.190.A and provided all of the following requirements are met. L The property owner provides written notification to all residents of the development and to the City that verifies the cultivation of marijuana Plants will comply with the requirements of 18,2.3.190.A. The written notification shall include the following information. 1, Property owner, property manager, or home owner association representative contact information including the name address, and phone nurnber(sy. 2. Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana Ip ants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3. The City requirements for the outdoor cultivation of marijuana incltldinct the maximum number of plants per lot and the re uirements of subsection 18.2.3.190.A. 4. Indoor Cultivation. a, Building Cade. Any structure, accessory structure„ electrical service, pfumbinq, ar mechanical equipment (e.g.. lighting, fans, heating and cooling systems associated l with marijuana cultivation shall satisfy, the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. b. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. C7rdinancc No, - P,a-ve. 15 of 25 30 c. No dwelling unit shall be used primarily as a lace to cultivate marijuana. Vacant or uninhabited dwelling units shall riot be used for marijuana cultivation. B. Marijuana-Related Businesses.. 1. Marliuana-related businesses may require Site Design Review under chapter 98.5-2 or a Conditional Use Permit under Chapter 18.5.4. See Table 18.2.2.030 _ Uses Allowed by Zane for zones where marijuana-related businesses are allowed. See definition of marliuana-related businesses in part 18.5, Marliuana-related businesses shall meet all of the following requirements. a. The business must be located in a permanent building and may not locate in a trailer cargo container, or motor vehicle. Outdoor marijuana cultivation and storage of merchandise raw materials or other material associated with the business is prohibited. b. Any modifications to the subject site or exterior of a building housing the business inust be consistent with the Site Design Use Standards and obtain Site Desi n Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or b~L- products; such remnants or by-products shall not be placed within the business' exterior refuse containers, d. Light and Glare. Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light j and ctlare to the interior of the structure. Grow light systems within a greenhouse are prohibited. e. Building Code. Any structure, accessory structure, electrical service, plumbing, _or mechanical equipment (e.g_, lighting, fares, heating and cooling systems) associated with a business shall satisfy the Building Code requirements and obtain all required building parmIts, prior to Installation, f The property owner shall recofd a declaration which waives any claim or right to hold the City liable for damages the or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted Furthermore the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the Git to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. q. A marijuana-related business must obtain an approved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules. 2. Marliuana Laboratories Processing, and Production. In addition to the standards described above in subsection 18.2.3.190.B.1, marliuana laboratories, _processing, and Ordinancv No. Pane 16 of 25 31 production shall meet the following requirements. See definition of marijuana processing and production in part 18.6. a. Mariiuana laboratories, processing, and production shall be located 200 feet or more from residential zones. b. Marijuana production shall be limited to 10,000 square feet of gross leasable floor area per lot. 3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.B.1 marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. - ~ot~levard 6ACatien:-Medieal +~aarijua ►a dispensaries-are-nor~ ,,,i ted subject tA--al-I-ef the followiin~g, ` esign standards 1. The-di&pe-nsa-ry T ust b -lo wit+l-a-boundary line adja en4 to a-i town Design bAO4evof4,-ex( ept4hat-da-sp^cn a :es-are-not-per,mftlte414L' Standards zone The dispensary must be 10rated in a permanent building and may not lerate a trailer, GarqO f or motor vehiGle. Outdoor storage of merGhand materialsf ' or other material asso&iated-witkthe- prohibited. dispensary is 3 Any mndff4C-atiens to the subject site or exterior of a building housing the ' disperissa j must be-G.gnsic4ent w4h the Site Design Use-Standards, and 0 in Site-Review approval if requi ed-by-sec4 eGw 8.6:2028Security-bars or grate „n windews and doors eprohibited. 4--T-he dispensary establishment must not have a drive-up use. 5ides pensa rmust provide for seGure disposal of :nnants or by prod stsf • such re „Tanta or-by-preduGtsshaia nod be-plaeed-vvitiain-the disp nsayfs exterior refuse c;.Antai - _Th r!' registered with the Oregon I lealth nAthArlt'rTz';nrAEi the sta~__ vof Oregon's merliral mar4juana a~-egi&t*a~n s s+em under 0- S 476.300 ORS 4 meets the requirements ~ • .346, and Marijuana F-aGNities eXGept as allowed On secti dispensaries, B. Other LoGatioRs. MediGal marijuana 13.2.3.190.A, entt tional Use Permit undo h R C. A and shall r-ar~saf~rihi~ccc meet-a I! ofthe-fvliA:".ring r nrriroments. t.. The ispensar7-iTfu~rbe low 200 feet or more from residential zone, exeept that dispensaries are not permit al in-the-Downtown Design Standar-ds--zone-. i The dispensary must be lo to permanent building and may not locate in a traiier,-cargo-container-or-motG ehio rave-ef me Ghan di :;aa+_ _-_+I_, or other material assOGiated w+th-_the-dispensary is prohibited 3. Any medifiGations to the subject site or exterior of a building housing t1le Ordinance No. Page 17 of 25 32 di&pellarl r~ -St be oon J ~ 5.~11s f+~Ti9t'IrYY Q.°S.a-0__i'.. -standards, .~+te Review,approval-if-~e~u+~'"ft+~r1-'1t3,b~4~4-.Securtt~_bar~.a~-mates-ors ~in~at+lRs-ar~~-~1t~~r~-are and obtain b The eliss"ensary i~st pkre+de sure disasa{ erarijuana rereats ery~- produot,_s; such -rernriants®or by-pr-Gdu-rts-shall-note-pia rfitN-n4he -fin&a43f'-s exterior-refuse-r, Ont- arte : T-tie-"pensar-y-is-refitstered-with-thn"re♦po,.i5~, rtkh-Autf~-it -under-tthe--sytate-of 0",Gn's '~ediG'l n lfua•~r~ ~-'re'~'jstr'rdtl[ n-- `yst-` Cf-'4-✓RS-4,76430 - Q ~~~.346;-at~~l-meets-tl~e-re~trirealer'>~°~-~~.° l~afate+-3~visicaw-$=Meclicel Marlp ana Faritities: a. Location. i. Marijuana retail sales are allowed if located on a property with a boundary line adiacent to a boulevard. li. Mariiuana retail sales, except as allowed above in subsection 18,2.3,990.13,3.a. , must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following i requirements. Hi. Mariiuana retail sales are not permitted in the Downtown Desitln Standards Zones. iv. Mariluana retail sales must not be located within 1,000 feet of another mariiuana retail sales establishment. For the purposes of determining the distance between a retail sales establishment and another retail sales establishment "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closes point anywhere on the premises of an approvers retail sales establishment to the closest point anywhere oil the premises Of a proposed retail sales establishment. If any p©rtlon of the premises of a proposed retail sales establishment is within 1,000 feet of an approved retail sales establishment it may not be approved. b. Drive-up Use The marijuana retail sales outlet must not include a drive up use. SECIJON 4. Chapter 18.2.5 [Standards For Residential Zones] ol'thc Ashland Land lase Ordinance is hereby amended to read as follows: 18,2.5.040 Accessory Bulldings and Structures Accessory buildings and structures shall comply with all requirements for the prin:ipal use, except where specifically modified by this ordinance, and shall comply with the following limitations:., A. Setback Yard Exceptions. See subsection 18.2.5,060.8.2. B. Guesthouse. A guesthouse may be maintained accessory to c single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. Ordinancc No. Page 18 of 25 33 C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for homegrown marijuana cultivation and production requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. . IZ:ZZ CJ ~14 p p a~ 7p, 110 Figure 18.2.5.040.E.2 Micro-Livestock Encrosure/MininIUM Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and Ordinance No. Page 19 of 25 34 maintained between the barrel and property line. 3 Fain barrels shall he secured and installed on a sturdy and IOVel foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SEC110N 5 Chapter 18.3,3 111, rltli Servicc Districti ul'tlic A~,hl nd kind Usc Ordinance i; licreby arrcrtdr d to r-pact as tbllo 18.3.3.030 Permitted Uses The fallowing uses and their accessory uses are permitted outright. A. Residential and agricultural uses, subject to the requirements of the R-2 zone, B. Horace occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioner, midwives, dieticians, psychologists, opticians, physical and occupational therapists, substance abuse counselors, chiropractors, and weliness centers, including nutritional counseling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories. F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned proper"Ly, that is specifically allowed by the Ashland Community Hospital Master Fadiity Plan adopted by the City by ordinance. SECTION 6 Cbaptor 183.5 [North Mountain Neighborhood District] of the Ashland land Use- Ordimance i~ hereby nmended to read as fbliowr;: 18.3.5.450 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include these that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where, Table 18,3,5.050 noes not list a specific use and part 18.8 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited, All uses are subject to the development standards of zone in whi h they are located, any applicable overlay zone(s), and the review procedures of part 18.5, See section 18.5.1.020 Determination of Review Procedure. C. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter '18.2.2 Base Zones, additional land use standards or use restrictions apply witnirt overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 183. Ordinance No. Page 20 of'25 35 C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Ordinance No. Page 21 of 25 36 Table 18.3.6.050 - North Mountain Neighborhood Uses Allowed 64 Zone North Mountain Neighborhood Zcn€' LNM.R.1.7.5 NM-R-1-5 NM MF- tdM C NM[vic ~ A. Residential m Residential Uses, sutject td density P P P P N requirements in Table 18,3.5.050 Accasswy Residential Units S S N P N Agr-tcultcaral-l.Ises ~ ~ ~ ~ S Horne Occupations P P P N Agricultural tlsas I? P P P S 1{eepinn Qf Livestock and fees S S S S S Marijuana Gulkivation, lignnegrown S 5 S S hl B. Public and Institutional Uses Community Services N S N S i' Parks and open Spaces P P P P u hlic Panting Lats N N N 1 ELI N Religious Institution, Hcuses of Worship N - N - N S N - Utility and Service Building, Public and Quasi-Public, excluding oLildcorstorage N N N S ( N and electrical substations I B. Commercial Neighborhood Clinics N N N P N Nekchborhaad Oriented Retfall Sales and N N N P N ~A Oltices, Professional N N ~N P ~ N Restaurants N N N P N Temporary uses Temporary uses N N CU N N C. Industrial Manufacturing, Light N N N 5 N r Key: P = PorrnWed Uses,S = Permitted with Snoclvl Use Standards; (;U = C orid;tionai Use Permit Required: N = Not Alltmaed Zones; NC= Neighborhood Commercial, MU = Mixed Usa; OE = QFllce Employment; Cl = Cornpalible Industial:OS = Open Space, 17. Special Permitted Uses. The following uses and their accessary uses are special permitted' uses as listed in the Land Use Table and are subject to the requirements of this section and the requirements of chapter 18,5.2 Site Design Review. 1, Accessory Residential Units, a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot, and the maximum number of duelling units must not exceed two per lot, Kay. P = Permuted Uscs; S = Permitted with Sped-al Uso Standards: OU = Conditfortal Use Permit Required; N - Not Allowed. 3 Zones: hJO= Neighborhood Cwunic[cial; 1`69':I = fulixed Use, QE - Office Emplayment; Cl - compatible Industrial; OS = Open space. Ordinance No, Page 22 oF25 37 c. The proposal must comply with the lot coverage and setback requirements of the underlying zone, d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. -a-ln the W-Civic zone, agriculture may include community garden space. 3. Keeping of Livestock and Bees. Subiect to standards in section 98.2.3.10. 4. Marijuana Cultivation, Homegrown. Subject to standards in section 18.2.190. 3. Community Services.. a. In the NM-R-1-5 zone, each building may be up to a rmaximurn of 2,500 square feet of gross floor area. b. In the NM-0 zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 4. Manufacturing, Liclht. a. The light manufacturing use shall occupy 000 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 5. Neicfhborhood Clinics- Each building may be up to a maximum of 3,500 square feet of grass floor area. 6. Neighborhood Oriented Retail Sales and Services. Each building may be up to a maximum of 3,500 square feet of gross floor area. f 7. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of a grass floor area 8. Religious Institution, Houses of Vlorship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 0. Utility and Seance Building. Public and Quasi-Public. Each building may be up to a maximum of 3,5010 square feet of grass floor area SECTION 7 Chaptcr 15.6,1 [Dermitions] ot`the Ashk9nd land Use Ordinance is here-by suncn ied to mend a5 Follows: Greenhouse. A building or structure whose roof and sides are made largely of glass or Ordinance No. to a'-e 23 oF25 ii c 38 other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plans for personal enioyment or for subsequent sale, Homegrown Marina. Marijuana plants planted, cultivated, grown, and harvested by a person 21 years of age or olderfor personal consumption, whether for medical or non-medical purposes, or for another medical marijuana card holder. Medical marhuana row sites located in residential zones shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing, keeping, or storage of homegrown marijuana. - Cultivation Area. The area within which marijuana plants are drown, - Resident Grower. An individual en a ed in the cultivation of homegrown mariiuana for personal consumption, whether for medical or non-medical purposes, or for another medical marijuana card holder. Marijuana. The plant Cannabis, family Cannabaceae, or any part or seed of the plant. It does not included industrial hemp. Medical Marijuana, Marjiuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Marijuana Act (ORS 475.300 QRS 475.346 Grown and sold b registered persons and facilities with the Oregon Health Authority (OHA). Recreational Marii'uana. Marijuana used for personal consumption by a person 21 years of ape or older. Marijuana Plant. immature and mature ,plants of the plant Cannabis family Moracpe. Marijuana-Related Businesses, Mari i uana -related businesses licensed by the Oregon Liquor Control Commission {OLCC► or registered_by the Oregon Health Authority (OHA). Mariiuana-related businesses are organized into, the following categories. - Laboratory. A laboratory that tests mariiuana and mariiuana items. Processing, Prvicessinc1, compounding, or conversion of marijuana into cannabinoid products, concentrates, or extracts- - Production. Planting, cultivating, growing, harvesting, or drying marijuana. Medical marijuana carow sites located in non-residential zones that do not meet the definition of Homegrown Marijuana shall be considered production for the purpose of this ordinance. Ordin,mce No. Nige 24 J25 39 Retail. A business that sells marijuana and marijuana products to the consumer. Wholesale. An operation that handles and distributes marijuana and marijuana products for the purpose of resale. R ~ Bch ` _.-..AIaL[-~i~'4f 4Ae°!f}c'~-S~}~}n#sc-J:-l~tfi f--~G#~F~~{--r~~,15~•@r43d-13~}F-t~F~9Fi- Health -n,~t,~~ -cmdeucr ORO IPM,v00 to ~~4 -tllcat +S?etiSGi{ }ditftliiiFh l #YStI&t t RS 476-314: SECTION S. Savingrs. Notwithstanding this arnendnienttrepeal, the. City ordinances in existence at the tine any criminal or civil cnforceincnt actions were conlmci1ccd, shall remain valid and in full force and effect for purposes ofall cases filed or commenced daring the times said oi-dinatnces(s) or portions thcre,ol7were. operative. This section simply clarifies the existing situation that nothing in this Ordinance affects thc- validity ofhroscoutions commenced and continued under the laws in effect at the tinge the matters were originally Clcd: SECTION 9. Severahilii!y. The sections, subsections, paragraphs and clauses ofthis ordinance sire severable. The invalidi}of one section, suhscction; paragraph, or claease shall not afte+;t the validity of (lie retnatining se:ctioras, subsections, paragraphs rand clauses. SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the City Cade, and the word "ordinance" may be changed to "code" "article". *'section", "tchapter" or fanoth4a word, and the sections ofthis Ordinance may, be renurnbercd, ar re-lettored, previded hOWe:ver that any Whereas clauses and boilerplate previsions (i,e. Sections 6-7) 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 clay of 2015, and duly ,.PASSEL and AI)MI Ell this day of - 2015. , •istensen, City Recorder Barbaaa M. C hi E SICiNFD and APIIROVGI) this day of .2015. John Strornburg, Mayor Reviewed as to Form: David Id. Lohman, City Attorney t ( Ordinance Nu Page 25 of 25 40 N E °a'- c i T o ~ m o `•t~ o°o C E o.~ > °o _ N N O~) p O C N Vl U w O ~ ~ 'U ° OL ~1& - C O 'O N ~-6 N N.a Oo w '6 C O C E 1C LLJ 4:2 _ O r') cl M _o o Q - - ° a 2-6 o m u ao (g ON .n N m o N Tolman Cr,- Rc m 00 -0 ° O is US o c N m ° -o - 75 W s oUa~ ~m fl m m m E N 1 x~o p y W _ If 7 = I I . JI, ~I a y . I _ ~ .mot` I F s I I l I_ I j', - - ti S40Z/LZ/04 :dew jo a;ea April Lucas From: Bill Molnar[molnarb@ashland.or.us] Sent: Tuesday, September 15, 20'15 9:23 AM5 To: April Lucas Cc: Maria Harris Subject: Fwd: Sent to all City Council Members SIT II)1..1 Please include a copy in the file for the recreational marijuana code amendments From: "Kevin Flynn" <flynnk( k(a)ash land. or.us> To: "Maria Harris" <Maria.harris(a),ashland. or,us> Cc: "Bill Molnar" <molnarb(a~ashland.or.us> Sent: Tuesday, September 15, 2015 9:13:12 AM Subject: FW: Sent to all City Council Members Negative impacts of MJ I Kevin Flynn f Code Compliance Specialist € City of Ashland, Planning Division 51 Winburn Way, Ashland, OR 97520 Phone: (541) 552-2424 TTY (800) 735-2900 This emoil transmission is official business of the City of Ashland and it is subject to Oregon Public Records Low for disclosure and retention. If you hove received this message in error, please contact me of (-S41)552-2424. Thank you. K From, englund meads [mailte:encrlundmeads@hotmail.com] Sent: Tuesday, September 15, 2015 9:08 AM f To: flynnKnashland.or.us; keetonK@ashland.or.us Subject: Sent to all City Council Members C Ashland City Council Members, E C We are writing this letter to address the noxious odor and health risks of a legal cannabis crop on the other r side of our property line on Willow Street. The grow is mere feet from our 16 year old daughter's window, and c the odor fills her bedroom, waking her at night. The issue beyond the noxious odor is that our daughter is epileptic, and her seizures are triggered by fatigue. At minimum, she has experienced migraine headaches from waking and from the odor. In an effort to reduce the occurrence of seizures, we have had to keep her window and blinds closed, and keep on the air conditioner even during cool days. Thus, this legal grow has affected our daughter's health and quality of life, and our family's economics and environmental compromise f P by running the air conditioner all day and night. F F G Last week, C50 Kip Keeton responded professionally to our need for investigation and resolution regarding the noxious smell and effects on our daughter, who implored us to "do something" about the smell, the interruption of her sleep, and her headaches. CSO Keeton located and identified the grow, and contacted the owners, a real estate attorney and an active Ashland 56roptomist, The owners apologetically contacted us, admitting they "didn't know what they were doing," that the "project was a 'lark," and that they would not be E growing again after this harvest season. 4 s s L ' ti 3 z 42 Though we are grateful to officer Keeton and Code Compliance Specialist Kevin Hynn for helping us resolve this issue, this is is a poor use of our city's public safety resources. If Ashland had imposed earlier and tighter (or any) regulations on grows, residents such as our immediate neighbors would have had guidelines by which to grow. And our daughter would be healthier and happier. For 18 years, our family has worked to keep our kids away from the dangers of marijuana. Now here it is, three steps from our daughter's bed. We ask that the City of Ashland hear the effects of legal grows on our community's children on their sleep, their health, their quality of life. The legalization of marijuana grows has negatively impacted our family, and we're disappointed in our city's supporting it. Sincerely, Jennifer Englund Ashland i i i i I i E F t I'2 V. Y t G E C i r. 43 April Lucas From: Diana Shiplet [shipletd@ashland.or,us] Sent: Wednesday, March 25, 2015 1:52 PM To: 'Carol Voisin'; 'Dave Kanner'; 'Greg Lemhouse 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal; stefani seffinger Cc: 'Bill Molnar'; 'April Lucas'; Khiller@nwlink.com Subject: FW: Let Us Know Submitted Council, I am forwarding this message to you, which was received via our website. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission /s okra/ busine s of the City ofAsh/and, and is subject to Oregon Public Records laiv for disclusure and retention. k you ha ve received this message in error, please contact me. Thank you_~ From: City of Ashland, Oregon fmarlto:ann@ashland or us] Sent: Wednesday, March 25, 2015 1:28 PM i To. administration a ashland.or,us Subject: Let Us Know Submitted j j FORM FIELD DATA **k email: Iailler(a,nwli nlc. com Name: Karen Hiller Report a Problem: We are owners of 980 Ivy Lane and would life to say, in the strongest terms, that there must be very strict laws on where marijuana is allowed to be grown in Ashland. One cannot use this outdoor areas nor sell their home if marijuana is grown in the vicinity. I believe the 4 plants for personal use must be grown indoors and no outdoor growth should be allowed, Karen Hiller 425-891-6434 * * * USER INFORMATION SubscriberlD: -1 SubscriberUserName: SubscriberEmail: SessionID: 361.574038 RemoteAddress: 66.55.92.75 k i RcmotcHost: 66.55.92.75 RemoteUser: k k s E l 1 r 4 1 I 44 April Lucas From: Diana Shiplet [shipletd@ashland,or.us] Sent: Tuesday, March 24, 2015 9:55 AM To: AdrienneSiPDX@gmail.com Cc: 'Bill Molnar'; 'April Lucas; 'Ann Seltzer; 'Carol Voisin; 'Dave Kanner'; 'Greg Lemhouse'; 'John SEromberg'; 'Michael Morris'; Pam Marsh; 'Rich Rosenthal; stefani seffinger Subject: FW: Let Us Know Submitted Adrienne, Thank you for your comments. I am forwarding them to the city council, as well as our community development department -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-5522100 or 541-488-6002, TTY 800-735-2900 This email transmission is ofl.val business of the City of Ashland, and is subject to Oregon Puhlic Records law for disclosure and retention. If you ira ve recelved this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann@ashland or.usj Sent. Tuesday, March 24, 2015 9:34 AM To: administrationnashland.or.us Subject:: Let Us Know Submitted :FORM FfF.J,D DATA*** i email: AdrienneSiPDX a,gmail.com 1 Narne: Adrienne Simmons i, Report a Problem: I know this isn't the right place to provide this input, but I ant to express my support for restrictions on growing marijuana outside. I wouldn't have had an opinion on this if I hadn't lived in i a house that backed up to someone who had medical mariinana. When the plants were near time for harvest, the skunk smell was so unpleasant we couldn't sit outside on the patio (and that's when the weather is good,and you want to be able to sit outside). The terrible smell also makes it very difficult to sell a house if you have someone in close proximity to outdoor marijuana. If it didn't have a terrible smell I wouldn't care. But it does. 'We have ordinances about barking dogs, loud parties, and other nuisances. VV` The smell is also a nuisance. Thanks for asking for public input. F * * USER 1NFORMATI ON SubscriberID: -1 S11bsc7 i berUUserName: SubscriberF_ mail: SessionlD: 184616247 RemoteAddress: 66.241.73.187 RemotelJost: 66.241.73.187 RemoteUser: r > 4 45 4 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM As with any public comment process, participation in Open City Hall is voluntary. The responses in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. All On Forum Responses sorted chronologically As of October 9, 2015. 9:07 AM hup /A"vw.peakdemocracy.com/2995 46 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? As of October 9, 2015, 9:07 AM, this forum had: Attendees: 148 On Forum Responses: 15 All Responses: 27 Hours of Public Comment: 1.4 This topic started on August 24, 2015, 10:30 AM. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hltp /Avvnv.peakdemocracy,corrt/2995 Page 2 of 19 47 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Responses Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Answered 15 Skipped 0 ooo 1o allowed average doesfour grow growing house household like limit lotiotsmedical r much r one other outdoor oz people per plant plantS reasonable recreational residential S sgft state t than they two use users what Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Answered 14 Skipped 1 3o all around chemicals dwelling from growing line lot outdoor plants property reasonable requirement restrictions seems Setback setbacks several size small smell so suggest they through What How do you feel about the limitation on allowable growing area? Answered 13 Skipped 2 -all area Ashland average forcing grow growing indoor limiting limits needs neighbors off ordinance outdoor plants residents S small space sufficient unfair what your All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hllp:/A""Y peakdemocracy.com/2995 Page 3 of 19 48 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Are there other elements of the ordinance you would like to see added, amended or removed? Answered 13 Skipped 2 - 4 1 become complain l do enforcement evil from garden g0 growers rowing hoa j USt keep law like marijuana measure neighbor neighbors ordnance plant plants problem reasonable seeSmell something think use wr weed t why within your All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http://vA"Y.peakdemocracy. com/2995 Page 4 of 19 49 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Gabe Roland inside Ashland September 30, 2015, 6:38 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? That seem reasonable, but recent State laws have addressed this, limiting grows within city limits to 12 plants. Perhaps that's a bit much for the average residential lot, I can understand that SOU is probably weary about their perceived college atmosphere... But then again, it's a relatively safe plant that statistically shows a decrease in alcohol and pharmaceutical dependence among users... If the City of Ashland is absolutely set on additional ordinances above and beyond state statute, I'd suggest a maximum of 10 outdoor. One medical card and 4 recreational is a fair compromise. What if a legitimate patient lives in a house of recreational users? That patient deserves cheap access to medicine and the opportunity to grow his/her 6 plants! Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? A 10-20ft setback requirement seems reasonable at first glance. But after some thought, this requirement effectively prohibits residents from growing their 4 - which is a prominent reason why our community voted for measure 91. I'd hate to see "prohibition through regulation:" What about apartment complexes? Trailer parks? Even small lots? Every residence, regardless of lot size, deserves the opportunity to plant a seed. Surely Portland isn't purposing such strict alterations. How do you feel about the limitation on allowable growing area? This is what bothers me most about the purposed ordinance. Dave Canner and other involved city officials - step off your high horse and stop pretending that you represent the needs of Ashland residents! Our community voted 78% in favor of measure 91 and a sole city administrator has no right to drastically alter our voice! Fifty square feet is not sufficient to meet the needs of the average recreational household - or more importantly medical! Remember that fear mongering article about indoor growers forcing up the price of electricity for all Ashland residents? Your ordinance is effectively forcing Ashland residents to do exactly that. Indoor growing is incredibly energy intensive and your outdoor growing restriction is not congruent with the environmental stewardship of Ashland residents. Are there other elements of the ordinance you would like to see added, amended or removed? Just please be reasonable. All the restriction, oversight and enforcement sounds like a great way for the city to waste resources - another reason why we, the community, voted for measure 91. We've already wasted $100,000 of taxpayer money on a purposed local tax that was clearly against measure 91 guidelines. Why don't we focus on more important issues, until this actually becomes an issue? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 A61 http://,vww.peakdemocracy.com/2995 Page 5 of 19 50 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ryan Marks inside Ashland September 14, 2015, 10:19 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? No. State has given everyone 4, that is sufficient for recreational. Medical should be left alone since its MEDICAL. I feel this way because you will be taking away from patients who need it. Many patients rely on growers to grow theirs for a number of reasons; they don't have the means, time, knowledge. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No the setbacks are absurd. I would suggest not looking at what you have for livestock seeing that we are talking about plants, not animals or bees. Also 20' from a property line and 30' from a dwelling is eliminating alot of homes in Ashland. What is the average lot size? 30' wide? Lose the property line set back and revise the spacing from a dwelling. 10' from dwellings... How do you feel about the limitation on allowable growing area? Limiting the grow area is too hard-you have not given sufficient space for each plant. When this is combined with the set back you have become unfair and unreasonable. 50sq' and 100sq' should be looked at again, what was your previous numbers in the first draft? Why were they increased? Limiting the grow area will not diminish any odor the plants put off. Are there other elements of the ordinance you would like to see added, amended or removed? If you, the mayor, decides to sign off on this you should most certainly remove any smell ordinance related to the growing of marijuana. Revise the use of grow lights within a greenhouse. That should be allowed. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM httolAvww.peakdemocracy.com/2995 Page 6 of 19 51 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Andrew Kubik inside Ashland September 12, 2015, 12:39 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? No outdoor growing Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No outdoor growing How do you feel about the limitation on allowable growing area? No outdoor growing Are there other elements of the ordinance you would like to see added, amended or removed? No outdoor growing All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM hllp:IMA,AV.peakdemocracy.com/299.5 Page 7 of 19 52 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Russ Silbiger inside Ashland September 3, 2015, 9:18 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? 4 plants, per voter approved state law. Not sure about medical. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? The proposed setbacks are far to exclusionary, and will unfairly limit planting. How do you feel about the limitation on allowable growing area? Not sure what the point of that is at all Are there other elements of the ordinance you would like to see added, amended or removed? Keep it simple, allow 4 plants. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http 1AA-Av.peakdernocracy.com12995 Page 8 of 19 53 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Doug MacDonell inside Ashland September 3, 2015, 8:35 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Four plants should be enough. I think even a mediocre grower should be able to get a pound per plant. Four plants X 16 Oz per plant = 64 oz of bud, which works out to 64/52 = 1.23 oz. per week. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? I recognize the need for setbacks, and while I have nothing against pot and its cultivation, the smell can be obnoxious. I would suggest patches be planted to maximize setback in the lot, whatever that distance may be. How do you feel about the limitation on allowable growing area? 1\I r> Re ,i)of Are there other elements of the ordinance you would like to see added, amended or removed? This is probably crazy but how about a community pot garden? It could be card locked and video monitored, and the location could be such that the maximum distance to residences is maximized. People could be charged a few bucks a month to cover costs. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/A-A"Y peakdemocracy.ccm/2995 Page 9 of 19 54 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Diana Trygg inside Ashland August 31, 2015, 12:57 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Current plant limitation is fine. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Seem fair. How do you feel about the limitation on allowable growing area? No opinion. Are there other elements of the ordinance you would like to see added, amended or removed? ki ; i }7p11'?i All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http /hvww.peakdemocracy.coM29g5 Page 10 of 19 55 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Joan Drager inside Ashland August 26, 2015, 2:41 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? The number of plants should be limited to what the state has legally determined. Each property in a residential area should only be allowed to grow per household the legal amount, not a multiple by the number of residents in household. In other words no more than 4 or 6 plants per residence. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No Response How do you feel about the limitation on allowable growing area? Are there other elements of the ordinance you would like to see added, amended or removed? If there is a stink how long? or should a neighbor have to endure it? if their neighbor is growing their plants outdoors. No one should have to live or breathe in a stench. What recourse does a person have? All On Forum Responses sorted chronologically As of October 9, 2015, 9.07 AM http'/hnrv.peakdemocracy.com/2995 Page 11 of 19 56 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Mary Curtis inside Ashland August 26, 2015, 11:57 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Outdoor growing, both for medical or personal use, in a residential zone should definitely have a limit on the number of plants. 4 seems like a reasonable number per household, but I would prefer it to be zero. We used to have a medical grow house in our neighborhood that grew for 13 licenses. Their plants were in a garage with no air filter and the smell in the late summer and fall still blew up the street with the prevailing afternoon winds right into my front door. It was sickening, pervasive, and constant for three months. There's a house down the street that has a huge grow lot in their backyard and I can hardly walk by it during the summer and fall without gagging. My dog doesn't even like walking past their house! I'm not against people using weed recreationally or medically, but it should not infringe on other people's quality of life. No other garden plant puts out the stink that cannabis does. No one's backyard barbeque affects other people's ability to enjoy their outdoor space for the length of time that maturing cannabis does. Even when people smoke a joint, the smell is temporary. I think 4 plants is generous. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? If you have to build a structure (like a dome?) around it to contain the smell, there are setback restrictions that are reasonable. If these setback restrictions accomodate potential structures around the growing area, then they are reasonable. How do you feel about the limitation on allowable growing area? In residential areas, there should be strict limits on growing controlled substances. There are limits on the number of chickens and beehives, and area for those activities in neighborhoods. Same should be true for pot gardens. Are there other elements of the ordinance you would like to see added, amended or removed? I would like to see something about enforcement added to the ordinance. There is an ordinance regarding nuisance barking - neighbors complain to neighbors first, and if the offender doesn't do something to alleviate the problem, there are consequences. The same type of enforcement element should be included in this ordinance. For example, if your neighbor ignores your request to move their plants or modify their garden situation because the smell is repulsive in your yard, you should be able to complain to the City. Multiple complaints should render progressive fines that become a deterrent. There should also be a way to enforce the "4 plant" and "allowable growing area" rules. What's the point of the rule if you don't have a way to enforce it? All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/MAwi.peakdemacracy.coair2g95 Page 12 of 19 57 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ellen Campbell inside Ashland August 26, 2015, 10:01 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? The limit should be no plants outdoors. The odor of the plants Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? I would suggest no plants outdoors How do you feel about the limitation on allowable growing area? I feel it would be asking the neighbors to tolerate smell and it's unfair. Growing marijuana is a business and should not bother the neighbors Are there other elements of the ordinance you would like to see added, amended or removed? All On Forum Responses sorted chronologically As of October 9, 2015, 9:01 AM http' Iftm.peakdemocracy.com/2995 Page 13 of 19 58 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 9:17 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? I don't want marijuana growing anywhere near my house. But I cannot control that now. It does not seem fair to limit how many plants someone can grow on their land based on how much house and land they can afford. But there should be a reasonable limit to person usage. Unless the Brady Bunch are all blazing up together, someone does not need 12 plants in one household. 1-2 plants per person or 3-4 plants per household seems reasonable, Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? This is again going to favor Ashlanders that have more wealth than not. But the proposal seems appropriate. Should at least reduce the harm of all the chemicals they spray all over their plants. I doubt many people grow organic non-gmo weed. Rather they inhale chemicals that they would never consume if it were coated on their food from the Co-op. How do you feel about the limitation on allowable growing area? It is a larger space than the average raised bed for home gardening. Would prefer something smaller that would allow the cultivation of few plants. Are there other elements of the ordinance you would like to see added, amended or removed? What about HOA rights? I assume that would violate state law but be within federal law. What happens when an HOA challenges the law? Not that home owners could afford that battle. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Ivnvdcpeakdentacracy.com/2995 Page 14 of 19 59 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 6:02 PM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Yes, limit the number of plants. In the urban growth boundary, the number of allowed plants should be limited to: 0 plants for lots less than 8,000 sqft 2 plants for lots 8,001 to 10,000 sqft additional plants allowed 1 plant/ 1000 sqft for lots 10,000 sqft to 15,000 sgft. Outdoor cultivation is extremely odorous. It is unlike almost every other plant grown. It is extremely strong, much like a skunk spray. This odor can last for up t eight weeks as the plant matures. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? No. increase the setbacks. No plants should be grown within 150 of neighbors home. How do you feel about the limitation on allowable growing area? limit the growth. Are there other elements of the ordinance you would like to see added, amended or removed? provide a means for neighbors of plants to protect themselves from invasive weed growers stinking up the neighborhood and surrounding homes. Do not let ashland become overrun by weed growers. it will be a detriment to the town. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Nnnv.peakdemocracy.com/2995 Page 15 of 19 60 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Ronald Little inside Ashland August 25, 2015, 10:44 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Four outdoor plants in a residential neighborhood seems reasonable. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? They are sufficient. How do you feel about the limitation on allowable growing area? It's OK Are there other elements of the ordinance you would like to see added, amended or removed? I think your proposal seems reasonable. In reality, once retail cannabis is made available to adults (21+), there will be very little marijuana being grown by individuals. It will be much easier to just go purchase it rather than go to the hassle and expense of "growing your own." I applaud the city council for not over reacting to a problem that, at least for now, is only theoretical. All On Forum Responses sorted chronologically As of October 9, 2015, 9 AM http:Uwnv.peakdemocr2cy.coml2995 Page 16 of 19 61 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown outside Ashland August 25, 2015, 9:43 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? I live within City limits and have read the draft ordinance. I see no information regarding weights... Marijuana is normally talked about in oz or lbs. Google search shows average plant can produce 17 oz. That is more than one lb. Google search shows average use of one joint per day = 1 lb. per year. Heavy users (serious medical needs) show use of 3-5 joints per day = 3.25 lbs. pr year. Therefore 2 plants for a household of two recreational adult users and 3-4 plants for a household of two adult heavy use medical card holders seem like the more appropriate quantities. Any more than that is excessive and unnecessary. What is happening now is that people are growing more than they can use personally and there is an abundance. Because many folks don't want to risk selling it and getting caught, they are giving it away and many teens have access to free pot. Larger lots should not be allowed MORE growing capability, it is still just a single household and only two adult users should be contemplated unless, of course, the City wants to allow commercial sales in residential zones (not desirable). So why should a 10k sf lot owner be allowed to grow more than the what average users can consume? Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? The smell travels for long distances so any setback seems too small. We had a neighbor down the hill from us and several several blocks away and we could smell it through the fall harvest season so 10-20 ft is meaningless separation. This is a tough one if you are allowing outdoor growing at all. How do you feel about the limitation on allowable growing area? Small patch for small crop makes sense. Are there other elements of the ordinance you would like to see added, amended or removed? A plant is a plant, new or mature, I think counting this way makes sense if you have to use plants as your measure. All On Forum Responses sorted chronologically As of October 9, 2015. 9:0/ AM http~/NAnv.peakdemocracy.com/2995 Page 17 of 19 62 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Name not shown inside Ashland August 25, 2015, 8:38 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? Limit the number of outdoor plants to 4 no matter what size the lot because a strong smell travels and can ruin my ability to enjoy my own yard. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? yes How do you feel about the limitation on allowable growing area? It should match the growing room needed for 4 plants. Are there other elements of the ordinance you would like to see added, amended or removed? Limit the total number of plants to 4 no matter what size the lot is. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:/Mnvape2kdemocracycom/2995 Page 18 of 19 63 Draft Ordinance Growing Marijuana in Ashland What do you think of the parameters for outdoor growing? Phyllis Brown inside Ashland August 25, 2015, 5:55 AM Should outdoor grows of marijuana for personal use (whether recreational or medical) be limited per number of plants? How many plants would you suggest? Why do you feel that way? four. Enough is enough. Are the proposed setback requirements in the draft ordinance sufficient? What would you suggest? Yes. How do you feel about the limitation on allowable growing area? Good enough. Are there other elements of the ordinance you would like to see added, amended or removed? See no evil, smell no evil, count no evil. That should do it to keep the 8th graders from hopping your fence. All On Forum Responses sorted chronologically As of October 9, 2015, 9:07 AM http:lly v y.peakdemecracy.conV2995 Page 19 of 19 64 CITY Of ASHLAND ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES August 25, 2015 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Debbie Miller Bill Molnar, Community Development Director Troy J. Brown, Jr. Maria Harris, Planning Manager Michael Dawkins April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUNCEMENTS & AD HOC COMMITTEE UPDATES Community Development Director Bill Molnar reminded the group of the commissioner appreciation event August 30 at Oak Knoll Golf Course. He also announced the city council's public hearing on the Normal Neighborhood Plan is Tuesday, September 1. Commissioner Mindlin announced Toby Hemenway will be speaking on permaculture Wednesday, September 16 at Southern Oregon University. Commissioner Dawkins provided an update on the Downtown Beautification Committee and stated they are working with a consultant designing three new welcome signs. Dawkins stated the drawings will be presented at the October Public Arts Commission meeting for review. PUBLIC FORUM No one came forward to speak. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Recreational Marijuana. Planning Manager Maria Harris explained the objectives of the ordinance are to: 1) balance the allowances for recreational and medical marijuana under the new state laws and mitigate the nuisance and safety impacts, and 2) streamline the code so it is easy to understand and enforceable. Ms. Harris stated the draft presented tonight is a starting point for discussion purposes and explained one of the main questions before the commission is how many plants can you grow outdoors before it creates a nuisance? The draft ordinance proposes a sliding scale with the maximum number of outdoor plants set at 8, and a total allowance of 12 (indoor and outdoor). Ms. Harris displayed several examples depicting the allowable grow areas on different sized lots and asked the commission to consider whether larger lots should be allowed to grow more, whether the proposed setbacks are sufficient, and whether 12 total plants is appropriate. Ms. Harris noted the state has adopted separate provisions for medical marijuana and recreational marijuana, but this ordinance is intended to cover both. Ms. Harris commented on commercial operations, which will be licensed by the Oregon Liquor Control Commission. She explained the OLCC is accepting applications now; however they will not be issued until spring 2016, Regarding the draft Ashland Planning Commission August 25, 2015 Page 1 of 3 65 ordinance, the following three questions were posed for the commission to consider: 1) Should processing and production be at least 200 ft. from residential zones, 2) Should marijuana production buildings be limited in size, and 3) Should the separation requirement for retail sites be included in the local ordinance? Commission Discussion The commissioners shared their comments on the draft ordinance, including: Number of permitted plants: • Four plants is a lot of marijuana, both in terms of usage and smell. The city could keep the numbers low and still allow for this change to occur. • The point of the law is to allow this for personal use and four plants should be ample. If they allow more than that they are recognizing the grow is going beyond the use of the homeowner. • A limit of four plants will keep the odor nuisance down. • The draft ordinance is overly lenient. The city should be stricter at the beginning since it would be difficult to make it more restrictive later on. • To keep it simple, the 4 plant limit should be regardless of size and should include starters and cuttings. Indoor vs. Outdoor Growing: • If they drive this activity indoors, water and electrical use will be an issue. • The city should not allow indoor commercial growing since this could bump the city up to the next power usage tier. • Indoor plants should be allowed but only up to a certain size. • Growers can only harvest once a year. If residents want a continuous supply they will be more likely to grow their plants indoors. Ms. Harris commented that there are a number of lots in the multifamily residential zone that are smaller than the examples shown. She added this may be one reason to allow some level of indoor growing. Setbacks: • Residents should have to comply with the more aggressive setback requirements. • Grow sites should be located closer to the grower's residence than the neighbor's. • The ordinance should say the grow location cannot be closer to the neighbor's house than it is your own. • They should mitigate the effects on neighbors by requiring a minimum setback but recommending they locate the plants as far away from the neighbors as possible. • If using an outdoor structure or greenhouse, the setbacks should be the same as an outdoor grow. Commercial Growing: • Why would the city want this here? • If we are not allowing other agriculture uses in the city, commercial marijuana grows should not be allowed either. • Ms. Harris clarified if the city prohibits any of the uses they won't get to keep the tax money that is collected. She also clarified before the state will issue a commercial license they are requiring paperwork that verifies the city's approval and establishes parameters. • It would be best to start out stricter and loosen up over time if necessary. • 20,000 sq.ft is too large of a building. • The ordinance should indicate 10,000 sq.ft. as the maximum. Other Comments: • The ordinance should be clearer that the grower needs to live there, not just that the house's primary use is residential. • The ordinance language regarding retail sites should incorporate the same restrictions as medical marijuana dispensaries (distance from schools, distance from each other, and elimination from the downtown overlay). • The ordinance should refer to the house bill number. • "Ensure" should be removed from item F on page 16 of the ordinance. Ashland Planning Commission August 25, 2015 Page 2 of 3 66 • Ms. Harris clarified there is the potential for a rate structure change that would charge a higher rate to customers who consume large amounts of power. She added this is still being discussed at the staff level. Staff was directed to bring the ordinance back for a public hearing; no additional study session discussions are necessary. ADJOURNMENT Meeting adjourned at 8:50 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission August 25, 2015 Page 3 of 3 67 Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION STUDY SESSION AUGUST 25, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street it. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. VI. ADJOURNMENT CITY OF ASHLAND In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 68 CITY OF ASHLAND Memo DATE: August 25, 2015 TO: Ashland Planning C omrnissiort FROM, Maria Harris, Planning Manager Rr-;; Discu-,sign of" Draf(Oidinarnue for RecrQabonal and Mcciical Marijuana SUMMARY The Planning, C`.omriri,; iLon revievW acid discussed draft ordirtancc language addressing graving marijuana in residential neighborhoods at the Jane 23, 2015 Planning C'oninnission rnecting ii 1tp: nr.w 'SIB!fii1cs`20l PC' P,~11 1--, The rlttacltcd draft is updatcd and ir►chr~I~s aclditiOnal dcvel0prncnt standards for cortrrncrci=,l operations that are permitted under- the 01-::gm] Conti ol, Rrgula(ion, and Taxation of Marijuana and Industrial Hernp Act (Measure 9 t)- Sig: is-srre5 are indendfied for discussion of "homegrown" maii,juana cultivation (i.e., in conjunction with a dwcliitig unit) irrclt►ding: t) cotintirig ►nature acrd iinrnature plants, 2) limiting the total rut►tiber of plants for a property, 3) altowing more marijuana plants to be grown outside on larger lots, 4) basing. the number of hornegrowrn marijuana plants oa lots or households and addicsses, 5) outdoor plants sizes and grow times, and 0) setback and area redttiremonts. Three issues are indentified for discussion of comrnc;r•eial marijuana businesses including: t ) requiring processing (manufacturing) and production (c;rrnnncrcial groxving) ws€:s to be setback from residential zones, 2) limiting marijuana prOduction Size, and 3) adding separation requiromctat to the local code. Questions for the Planning Commission and staff's comments are inserted in the draft ordinance and highlighted in red text. B.AC'KGR0UND 1, Summary of Amendments Medical marijuana dispensaries were added to the land use ordinance as a special and conditional use in the commercial (C-1) and E'inployrnem (E-1) zones in.fuly 2014, Currently, section 18.2.3.190 irrclrrcley the special use standards for dispensaries, The attached draft ordinance amendments update and reformat the dispcusary standards to include provisions fOr l oinegrown marijuana and cornntercial operations, 'fire amendments are concentrated on pages 4-19 in the draft ordinance language,, A summary of the arnentdrricnits is below. `liable 1 8.12.030 - Uses Allowed by Zone o J- omegr-own marijuana cultivation is added under agricultural uses as a special use its all zonetis. In order to be considered homegrown marijuana, ttre crrltirratic:rn has to occur ors a lot 69 Page 2 of 3 occupied solely by one or more dwelling units (see definition of homegrown marijuana on page 20 of attached draft). o Medical marijuana dispensary is changed to medical marijuana retail sales and now includes both medical marijuana and adult recreational marijuana retail sales outlets. o Marijuana processing and production is added to general manufacturing use as a special use in the employment (E-1) and industrial (M-1) zones. o Marijuana wholesale added to existing wholesale storage and distribution use as a special use in the E-1 and M-I zones. • 18.2.3.190.A Homegrown Marijuana. The draft language is similar to the previous version discussed at the June Planning Commission meeting. The changes areas follows. o The total number of plants per lot is increased from four to 12. o A sliding scale is added that allows larger lots to grow more plants outside. o Greenhouses are added as an option to limit view and access to outdoor plants. o The area limitation for four outdoor plants is reduced to 50 feet, more than four plants are limited to 100 square feet, and additional setbacks were added to outdoor grow sites with more than four plants. o A requirement is added to shield lighting systems and windows to prevent glare from grow light systems. • 18.2.3.190.B Marijuana Businesses. The previous language for medical marijuana dispensaries was reformatted to cover the range of marijuana businesses allowed under state law. 0 18.2.3.190.B.I Subsections a, b, c, and g currently are applicable to medical marijuana dispensaries. Staff recommends these standards be applied to all marijuana businesses. These include locating in a building, not allowing outdoor- cultivation or storage, reiterating the requirement for Site Design Review for building modifications, not allowing security bars or grates, securing disposal of marijuana remnants, and having any required license from the state. ■ Subsections d and e are added to address shielding lights for commercial operations, specifically continuous use of grow lights, and meeting applicable building code requirements. ■ Subsection f is added to address potential changes in future federal enforcement of federal law pertaining to marijuana. o Marijuana processing and production (I 8.2.3.190.B.2) are required to be located 200 feet or more from residential zones and marijuana production facilities are limited to 20,000 of gross leasable floor space per lot. o Marijuana retail sales (18.2.3.190.13.3) applies the current dispensary regulations to all retail sales including medical and adult recreational marijuana. 2. History In November 2014, voters passed the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act (Measure 91) into law. The law provides for personal growing, possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor Control Commission (OLCC) to administer a licensing system for the processing, production, wholesale, and retail sale of adult recreational marijuana. DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 w mashland.orms 70 Page 3 of 3 The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and persons 21 years or age or older may grow up to four marijuana plants per household. In addition, the households may process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. The commercial components of Measure 91 begin when the Oregon Liquor Control Commission (OLCC) begins accepting license applications for processing, production, wholesale, and retail marijuana operations. OLCC is working on a licensing regimen for the four types of permitted operations, but that structure is not expected to be in place until the latter half of 2016. Medical marijuana grow sites are administered by the Oregon Health Authority (OHA) and are currently in operation. In 2015, the state Legislature made reforms to the medical and recreational marijuana regulations and adopted four bills. SB 460 allows the sales of recreational marijuana by medical marijuana dispensaries on October 1, 2015. The bill also allows a city or county to prohibit the sale of recreational marijuana at medical marijuana dispensaries by adopting an ordinance to that effect. The City Council discussed the option of preparing an ordinance to prohibit the early sale of recreational marijuana at the July 21, 2015 meeting and decided not to move forward with a prohibition. ATTACHMENTS 1. Draft Amendments to Land Use Ordinance I DEPT. OF COMMUNITY DEVELOPMENT Tel: 541488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 71 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND RELATED ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION, PROCESSING, WHOLESALE, AND RETAIL. Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thi-oug and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. in addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including processing, production, wholesale, and retail; and 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 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 Assn of Firefighters, Local 1660, Beaverton Shoop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, wider Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or, county under it charter and the statues and Constitution of the state;" and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and Ordinance No. Page 1 of 23 72 WHEREAS, the City Council deternlincd there has been an increase in tnarijuana cultiVaticfrt, spccifically in residentivI neighbor-hootls, [IMIuSc Of all increase itt medical marijuana grows allowed her state law; and WHEREAS, the City= Council finds that the increase in marijuana cultivation ivsulted in an increase in code cjmpliarnct~ eornplaints regarding odor related to outdoor marijuana cultivation as *vc)l as adverse impacts related to noise from mechanical equipment and continuous lighting related to indoor rnarijuaMt cultiv.ttion in accessary structures such as greenhouses, find WHEIZEAS, the'. City Council dete.rinined it is necessary to establish miles and regulations fior marijuana Cultivation a[lcl CciinrnerGi jl ntari_jtran:t €acililies, while preserving the ponce, safety and general we:lt'are ofresidcntial neiglihorhoods and neighboring properties; and WHEREAS, thc f'lftnning Commission of the City of Ashland conducted a duly advertised Public hearing Oil the anacndtnents to the Ashland Municipal Gode and I,and Usv Ordinances on and WHEREAS, lhe. C itv Council ofthe City of Ashland, following the close ol'elie public hearing and record, deliherated and conducted first and second readings approving adop6rin, of the Ordinance in accordance with Article I ti of the Ashlfrnd City Charter; and WHEREAS, the City Council of the City of Ashland has detcrtnined that in order to protect and benefit the health, safety and wcifEam of existing and future residents of the City, it is necessary to amend the Ashland Municipal Gods and I,nnd Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the arriendaicnts arc consistent with the comprehensive flan and that st!ch arnendnients are fully Supported by the record orthis proceeding. 7f fl PEOPLE O THJ', C.['LY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. C'haliter 19.2.2 [Base 7nnes and Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follmvs: 16.2.2.030 Allowed Uses A. Uses Allowed in Base Zones. Allovred uses include those that are permitted, permitted subject to special use standards, anc allowed subject to approval of a conditional use permit Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed. or is not allowed, following the procedures of section 18,1.5.040. Uses not listed in Table 18.2.2.030 and not found to be similar to an alloyed use are prohibited. For uses allowed in special districts CM, HC', WA, and SCU, and for regulations applying to the City's overlays zones, refer to part 18.3_ i B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as :Permitted (P)" are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" t are allowed, provided they conform to chapter 1€3.2.3 Special Use Standards. All uses are Ordinance No, Page 2 of?3 73 subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. Said permit shall not be renewable within a six- month period beginning at the first date of issuance, except with approval of the Staff Advisor. 1. Disclaimer. Property owners are responsible for verifying whether a proposed use or development meets the applicable standards of this ordinance. Ordinance No. Page 3 of 23 74 Table 18.2.2.030 - Uses Allowed by Zone - R-1 3 5 R-2 R-3 RR WR G 9 p E-1 M-1 Special Use Standards A. Agricultural Uses' Agriculture and Farm Use, except Keeping Animal sales, feed yards, keeping of of Bees, Livestock and Micro-Livestock, P P P P P P N N N swine, commercial compost, or similar and Marijuana Cultivation and Production uses not allowed Keeping of Bees S S S S S S S N N See-Keeping ofLivestesk-nd-Bees standards-in .Sec. 18.2.3.160 Keeping of Livestock S N N N S S N N N Keeping of Micro-Livestock S S S S S S N N N Sec. 18.2.3.190 Marijuana Cultivation, Homegrown S S S S S S S S S gee also General Industrial Marijuana Production B. Residential Uses See Single-Family standards in Sec. 18.2.5.090 Sec. 18.2.3.130 for C-1 zone and E-1 Single-Family Dwelling P P P P P P S S N zone Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 _ Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040 Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling Manufactured Home on Individual Lot S S S S N N N N N Sec. 18.2.3.170 and not allowed in _ Historic District Overlay _ Manufactured Housing Development N S CS+ N N N N N N Sec. 18.2.3.180 Sec. 18.2.3.130 for C-1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic District Overlay, see Sec. 18,2.3.120 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 4 of 23 75 Table 18.2.2.030 - Uses Allowed by Zone R-1 3.5 R-2 R-3 RR WR C-1 D E-1 M-1 Special Use Standards and 18,2.5.070 B. Residential Uses continued Rental Dwelling Unit Conversion to For- N N S S N N N N N Sec. 18.2.3.200 Purchase Housing__ Home Occupation S S S S S S S S N Sec. 18.2.3.150 C. Group Living Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N See chapter 18.3.3 Health Care Services Residential Care Home P P P P P P N N N Subject to State licensing requirements Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements Room and Boarding Facility N P P P N N N N N D. Public and Institutional Uses Airport See chapter 18.3.7 Airport Overlay Cemetery, Mausoleum, Columbarium N N N N CU N N N N Family Child Care Home exempt from planning application procedure pursuant Child Care Facility CU CU CU CU CU CU P P P to ORS 329A.440, see part 18.6 for definition _ Subject to State licensing requirements Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU Community Service, includes Governmental Offices and Emergency Services (e.g., CU CU N N CU CU P P P Police, Fire ; excluding Outdoor Storage Electrical Substation N N N N N N CU CU P Hospitals CU CU CU Cu CU N N N N See chapter 18.3.3 Health Care Services KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 5 of 23 76 Table 18.2.2.030 - Uses Allowed by Zone R-1 3.6 R-2 R-3 RR WR &D E-1 M-1 Special Use Standards D. Public and Institutional Uses continued)' _ Governmental Offices and Emergency Services (e.g., Police, Fire), excluding CU CU N N CU CU P P P Outdoor Storage Mortuary, Crematorium N N N N CU N P P P Public Park, Open Space, and Recreational Facility, including playgrounds, trails, nature P P P P P P N N N preserves, athletic fields, courts, swim pools, similar uses Public Parking Facility N N N N N N P N N Public Works/Utilities Storage Yard; includes N N N N N N N P P vehicle and equipment, maintenance, repair Recycling Depot N N N N N N N P P Not allowed within 200 ft of a residential zone Religious Institution, Houses of Worship CU CU CU CU CU CU CU Cu CU School, Private (Kindergarten and up) CU CU CU CU CU CU N N N School, Public (Kindergarten and up) P P P P P CU N N N School, Private CollegerTrade/Fechnical N N N N N N N CU P School Utility and Service Building, Yard and Structure, Public and Quasi-Public, CU CU N N CU CU P P P Yards not allowed in the C-1 zone excluding underground utilities and electrical substations Wireless Communication Facility CU CU CU CU CU CU Poor P!-or P!-or CU CU CU Sec.18.4.10 E. Commercial Uses Amusement/Entertainment, includes theater, concert hall, bowling alley, miniature golf, N N N N N N P CU P arcade; excluding drive-up uses Automotive and Truck Repair, or Service; Sec. 18.2.3-050 includes fueling station, car wash, tire sales N N N N N N CUr CUr P and repair/replacement, painting, and other In C-1 zone, fuel sales and service - ' KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 6 of 23 77 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-11- R2 R-3 RR i WR C-1 D E-1 M-1 Special Use Standards repair for automobiles, motorcycles, aircraft, limited to Freeway Overlay, see chapter boats, RVs, trucks, etc. 18.3.8 In E-1 zone, fuel sales requires CU per it E. Commercial Uses (continued)4 _ Automotive Sales and Rental, except within Except not allowed within Historic the Historic Interest Area; includes N N N N N N CU CU P District Overlay _ motorcycles, boats, RVs, and trucks Bakery, except as classified as Food N N N N N N P P P Processing _ Commercial Laundry, Cleaning, and Dyeing N N N N N N S S P Sec. 18.2.3.080 Establishment Commercial Recreation, includes country club, golf course, swimming club, and tennis CU CU N N CU CU N N N club, excluding intensive uses such as driving range, race track, or amusement ark In R-2 zone, uses limited to personal and professional services, except see Sec. 18.2.3.210 for retail uses allowed in Railroad Historic District Commercial Retail Sales and Services, N N CU+ N N N P S S in E-1 zone, Retail limited to 20,000 sq except Outdoor Sales and Services S ft of gross leasable floor space per lot. In M-1 zone, uses limited to serving persons working in zone See Marijuana Retail Sales Per Sec. 18.2.3.100, Drive-Up uses are Drive-Up Use N N N N N N S N limited to area east of Ashland St at intersection of Ashland SUSiskiyou Blvd 'In C-1 zone, requires annual Type I review for at least the first three years, Hostel N N Cu CU N N Cu* N N after which time the Planning Commission may approve a permanent facility through the Type II procedure KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 7 of 23 78 Table 18.2.2.030 - Uses Allowed by Zone R-1 1 R.5 R-2 R-3 RR WR C_1 p E-1 M-1 Special Use Standards E. Commercial Uses (confinued)5 Hotel (See also Hostel and Traveler's N N N N N N Cu Cu P Accommodation Kennel (See also Veterinary Clinic) N N N N N N S S Cu ee animals kept outside within 200 feet of a residential zone Limited Retail Uses in Railroad Historic Sec. 18.2.2.210 for Retail Uses Allowed District N Cu CU Cu N N N N N in Railroad Historic District _ Lumber Yard and Similar Sales of Building or Contracting Supplies, or Heavy N N N N N N N CU P Equipment Medical Marijuana Dispeneary~Retail Sales includes sale of medical and N N N N N N Cu Cor S Sec. 18.2.3.190 recreational marijuana Nightclub, Bar N N N N N N S Cu P Not allowed within the Historic District Oveda unless located in C-1-D Office (See also Commercial Services) N N Cu CU N N P P P Outdoor Storage of Commodities or N N N N N N Cu Cu P E ui ment associated with an allowed use Plant Nursery, Wholesale, except N N CU Cu N N N N N Marijuana Cultivation and Production Self-service Storage, Commercial (Mini- N N N N N N N CU P Warehouse) Travelers Accommodation (See also N N CU+ CU+ N N N N N Sec. 18.2.3.220 Hostels and Hotels S S Veterinary Clinic N N N N N N P P P F. Industrial and Employment Uses Cabinet, Carpentry, and Machine Shop, and S1 or In the E-1 zone, uses within 200 feet related Sales, Services, and Repairs N N N N N N N CU P of a residential zone require CU permit Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirty or Other N N N N C&+ N N N N Sec. 18.2.3.070 Earth Products s KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 8 of 23 79 Table 18.2.2.030 - Uses Allowed by Zone R-1 R.6 R-2 R-3 RR WR p E-1 M-1 Special Use Standards F. Industrial and Employment Uses continued e Concrete or Asphalt Batch Plant N N N N N N N N Cu Dwelling for a caretaker or watchman N N N N N N N CU Cu - In the C-1 zone, manufacture or assembly of items sold is a permitted Food Products use, provided such manufacturing or Manufacture/Processing/Preserving, N N N N N N S S P assembly occupies 600 square feet including canning, bottling, freezing, drying, or less, and is contiguous to the and similar processing and preserving. permitted retail outlet In the E-1 zone, See Sec. 18.2.3.140 - - Sec. 18.2.3.190 Manufacture, General includes Marijuana N N N N N N N P or P or Processing and Production S S See also Marijuana Cultivation, Homegrown Requires assembly, fabricating, or packaging of products from previously prepared materials such as cloth, plastic, paper, cotton, or wood Manufacture, Light; excluding saw, planning N N N N N N S P P or lumber mills, or molding plants. In the zone, manufacture assembly ly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the ermitted retail outlet Outdoor Storage of Commodities or N N N N N N CU CU P E ui ment associated with an allowed use Television and Radio Broadcasting Studio N N N N N N N P P - - - - - De - -live--riesand and ~istubution-uses Wholesale Storage and Distribution, IJ N N N N N N NS R9 shipments limited to 7AM-9PM includes Marijuana Wholesale within 200 feet of an residential zone limited-to-9PM-7AM e KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 9 of 23 80 Table 18.2.2.030 --Uses Allowed by Zone R-1 3.5 R-2 R-3 RR WR C-1-D E-1 M-1 Special Use Standards Sec. 18.2.3.190 F. Industrial and Employment Uses cantinue~_ _ Wrecking, Demolition, and Junk Yards N N N N N N N N CU G. Other Uses' Temporary Tree Sales N N N N N N P N N Allowed from November 1 to January 1 LTemporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H 7 KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 10 of 23 81 4 SECTION 2. Chapter 18.2.3 [Special Use Standards] of the Ashland Land Use Ordinance is here by an-,ended to read as follows: r 18.2.3.190 MedlGal Marijuana Dispensary Marijuana-Related lases. tl Homearown Marijuana Cultivation- Where homegrown mariiuana cultivation is allowed it shall meet all of the following requirements. See definition of homegrown mariiuana cultivation in part 18-6. 1. Total Number of Plants. State law fair rr?';reational rarijuana aliaws up tea four marijuana plants per hOusehalci and for rrredical 1119 ijuana alla:^ _ up c, 12 ruatwe plants per address in residential zones and up to 48 plants per rddress n al` ,:her zor rs. Recreational marijuana is pen-Pitted at houschol i , wit persons 21 years of age and elder _ Ord medical marijuntle is permitted for medical nrrarijt aria cardholders. State law does not distinguish betv.,een outdoor and indoor MltiVatiDrl. Question: Should mature and immature marijuana plants be included in the limits for homegrown marijuana in residential situations? The di: ft is wrilten so that the maxima- rr.,!nber of pants includes both imnnature nd rrzifr.rre plants, State I.A,v at tunes but not consistently dish quisiies between immature and mature pfr-rts. F?eer ins. ~1 marijuana is rimillad to fe r plants per hmisPhold while medical mar€ju.9'7a limits spec ically+ reference mature plants, a Up to 12 marijuana plants maV be grown per lot through a combination of indoor and outdoor cultivation. Question: Should the total number of plants that can be grown on a property be limited? Staffrecommerr+ c:~,nsidering a lirnit to the total nurnber of plants that carri be grovin on a lot. This total would ir',~autlr: b~s;tt indoor and outdoor cultivation. The draft includes 12 as the total for consistency "M11-11 the recent state Iegislat on that limits the number of rnedical marjuana plants ;c 12 mature plants per address in residential zones- I; of marl wina cultivation on a residential The total nurliber is intended to limit the s alp 11 1n' properly and wilhin a residential structure. Li pit ng th,. s. -:II- ar., nth. r,sity ' iairtains the residential LISP- of a dwelling unit and the associated yarn .y ea as the primary use of residential properties and could help limit the use of electricity and waterespecialty for indoor cultivation. A, s ° iscussed 1.r `)ruvious meeting, the cullivation of rnarijraara in the city lirTr's a pears `n have inr-epFed over the post fewyears because of an ,increase in med:cgl rarijuana aro%'q a :'ti,te1 t un :-'r State IM. ~s a resul-,, the City began receiving nrrisar r .y,rc complaints relFt d to t're r~dor pf-~_luced by marijrsana plants grown outdoors. In addition, corrif:_rints have involved irtrrac(s from light, glare, and noise from mechn rical equiprnen`, (e.g., lights systems, fags) rela'ed to A= cu livation and odor from proses,i:-,l (e.g., drying) plants in garages and accessory structures. Ordinance No. Page I l oi'23 82 Thotlpt, not nun,r•rouv, the more= extreme cases have involved using garages and oT portions o` the home for inrdoorcul6vaticn. Larger scale indoor cultivation in residential situat,unsion consurrle l?c i ity n:-wring cornmercial levels and potentially can be a safety issue. b. Outdoor Cultivation. 0 i. Up to four marijuana plants maybe grown outdoors on lots that are 5,00 square feet or less is size. See definition of marijuana plant in part 18.6. ii Lots greater than 6,000 square feet in size are allowed one additional marijuana plant for each 2,500 sc#uare feet of tot are in excess of 6,000 square feet and up to a maximum of eight marijuana plants, e McSti0n; Should larger lots be allowed to grow more marijuana plants outside? draft iS vfritten to allow up to four rtr n _ plants cultivates: ou, c:,-s for lots 5,000 square feet or less In size and in conjunction with a dwelling units, l r I nts larder than 5,00E t square feet in size, nne plant can be added for each additional 2,500 sgtiara feet in lot size up to inaximurri of e it plants cultivated outdoors, The slidirig scale WOUI'd allow 1015 10,000 square feet zjrI icc, - to have eight plants grown outdoors. The methodology is bayed on 18.2.3164 the k- ~,7ireg of livestock and bees ordinance, The sl ding scale for larger tots was discussed at the ,e meeting. Goestion; Should the number of plants allowed as "homegrown" marijuana cultivation (.e., in conjunction with a dwelling unit) be fused on lots or householdsfaddresses? The draft language is more restrictive than state la+11 b=cause it ties the maximum number of ju Ia plants to lots and lot size while state law e'di;;,Ys p=ants based on a household or r--ldress. If the trot lar,guage is used, iots with mu tll e~ ings on the same property would be li ; Ire=d to four plan-,s oLitdocrs and 12 total, and would r ~t he allowed to increase the number of plant: based am dvyelling units. See below for ez:drnple s. Number of -Stat,, Law= Total Number of Plants Draft Ordinance- , "C" Size _ Allowed Number o{ Plants kr ~.F~+~t,ranal Medical Allowed 4 per C 12 per address household 1 Uril . 4 12 4 uUL ? t_:al 2 vijts S 24 8 o !sideil2 total 1 a,C~r)1 , ft.+ Units nulsida'12 to,lA' 10, l - If the allowed cumber of plants is based on number n= hcuseholds+`addresses, the n rnber of allowed marljualna plants generally on a property generally increases. In reality, the setback, and area requirements will rkrely be rnofi~ ;li ilt o tneet, especially on smaller Ordinance No, f'a~c 12 of'23 83 rf~es a i+1.1! prbparties gait r>~i! iple d~ell r,r5 on the lot. Thecode comphance iiplaints> ~,i <c~~J by the City'; ..r Ilan,( I l~ iugle-fFt)T,' dwelling situations '-Inp dwellinc u~iitor<one lot. old is defined in Measure 91 ci, " mo. i a housing unit. and indildes any place in na kle hOUSi-In Alit 11 1al ,-`i lhl-! ti;>'--'~ 1~;5'of the housing unit are prCdvp lg. u. kee _iana or honieniade marijuana products." I Ir.u unit is +l~-'ir ad in M. egsi i'! `means a house: an apartment, a k, ;iOme, )[Ip ,,I a single mam tl i. i,: occupiad is a separate I virg quarters, 1-1 which t t.' 'iS IivL and e~;t s ,:p ,riy :team any other persons in INa building and whici h{vt, rfiw+ ? fron-, l~k~ talk: id{ , of the buiAriic oi` through c cort mon hall.' 2. Primary Residence. Marijuana plants grown outdoors or in an accessary structure must be located on the site of the primary residence of the person or household that cultivates and owns the plants. 3. Related Activities. Any drying keeping, storage, or processing of homegrown mariliuana shall be within the dwelling unit or accessory structure and shall not be located outdoors. 4. Homemade Marijuana Extracts. No person may produce, process, keep, or store homemade mariiuana extracts pursuant to section 57 of the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act. 5. All medical mari'uana row sites must be registered with and have all a liicable licenses from the State of Oregon, and meet the requirements of the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). 5. Outdoor Cultivation. a. Locate mariiuana plants so the plants are not visible from a public street or anV area that the general public can access (e.g., schools, playgrounds, parks, commonly-owned open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard. b, Screen marijuana Iants to limit view and access from adjacent residential properties with a solid wood fence, masonry wall, or greenhouse. For fence and wall design requirements, see section 98.4.4.060 and for greenhouse requirements, see section 18.2.5.040, Question: Should greenhouses be allowed to limit view and access to outdoor marijuana plants instead of a fence or wall? Greenhouses were added to the list of options for screeniing options for cutdoor marijuana t ants. This issue was raised at the June meeting. In addition, Ihjs draft requires screening Io llr t ;r nrd access-` Bolh issues were discussed at the June meeting, but the preVious %,2:3ion said °to limit Ordinance No. Page 13 cif 23 84 Outdoor Plant Sizes and Grow Time The iss.les o-' potentially lirTtitinq Me allowed height of marijuana plants rl'at are grown outdoors time period the plants are allovved to be grovm outside were disrossed at the June :.nr the rneeting. TI-e information about grow[ng marij rasa ou`doors appears tc, va~y The general consensus seerns to he that W7? plants are highly arl, nt, l:l a41 the plant S;7e can be controlled by the grower. The height was described ~i w-5 feet for plants in poor soil artJ an average of 7-8 feet for plants crown in reasonable so! The growing seasOn Wtdoors is in lhr three to slx-llmorth range. c. Dimensional Standards. Marijuana plants grown outdoors shall meet the dimensional standards in `fable 18,2.3.190.c. Tahlc 1fi ~.3.1917.3_r. ~utdnnr Cultivation Dimpnsinnal standards for Hemp raven Marijuana -Number of Mariluana Maximum Yard Area Setback from Any Setback from Plants Allowed Property Line Dwellings on Adjioining Properties 4 or fewer plants 5tl square feet 10 feet 20 feet 5 to 8 plants3 100 square feet 20 feet 30 feet -'-The area that may be used for outdoor cultivation of marijuana plants is limited to the maximum V2rd area Related activities including drying keeping storage, or processing of homegrown mariiuana shall not be located outdoors. 2_Mariluana plants must also be located the setback distance from any multifamily dwelling unit within a multifamily development. eh re more than four man uana plants are allowed plants, may, be located separately in groups 0 four or less See subsection 18.2.3.190.A.1.b for number of plants allowed to be grown outdoors. Question: Should the homegrown madjuana plants be required to be setback from neighboring properties and limited to an area size? Since the previous draft, a setback vas aided for grow areas of five plants or more including 20 feel to properly lines a„.A 30 from dwe lings on adjacent residerices. The allowed grDw area was reduced to 50 sgruafe f e-2, fcr for! plants on 1-t.s less than 5,000 square fct'.t in size and a grow area of 100 sq;lare feet is includeL! for five or more plants. Tri setbacks ~ -e t : -d on 18.2.3.160 Keeping of vestock and gee-: ~ ie informaticn about growinq nrarijuar 1 r~~;tr!:~-ors appears to vary greatly, The general consenst , - ns .:)tie that the plum- n A ~I l F'vdeen nip `d 16 square fee' per plan;. The purpose of a setback and yard area limitr,t on for outdoor marijuana cultivation is to limit the locatio-'~, sire, and scale of the grow area and tt.:~ efo~ F,, reduce adverse impacts to n6ghhoring priope-'ies. However, based on staffs experience past code compliance cases the suggested set' a.h. nn.-:y mitigate but vAil not prevent odDr frog- reaching neighboring propcities, d. Multi-family Develo ment, Mar uarta cants may be grown on lots containin multi-family dwellings in conforrnance Nrith the requirements of section 18,2.3.190 and provided all of thefollowin requirements are met. Ordinance No. Page 14 of 23 85 i The property owner provides written notification to all residents of the multi-family complex and to the City that verifies the cultivation of mariiuana plants will comply with the requirements of park 18.2 Zoning Regulations The written notification shall include the following information. 1. Property owner, property manager, or home owner association representative contact information including) the name, address, and phone number(sl. 2 Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance. Contact information shall include the name, address, and phone number of the responsible party. 3 The City requirements for the cultivation of mariiuana including the maximum number of plants per lot and the requirements of section 18.2.3,196, r 7. Indoor Cultivation. a Building Code Any structure, accessory structure, electrical services or mechanical egui rrtentje A , iighting fans heating and cooling systems) associated with mariiuana cultivation shall satisfy the Building Code requirements and obtain all required building~ermlts prior to installation. See section 18.2.5.440 Accessory Buildings and Structures. b Light and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation to the interior of the structure. c. No dwelling unit shall be used rirnaril as a lace to cultivate marijuana, The i+ ! f this- pry visinn is v-, 1, F--'1 . c :fe 7 indoor ctiIti% tii-ri in a residerntial sidling 11 e Ianguzy~, f iy not tae necessary if a lotril rit nbw of marijujiper lol is inc uded- B. Marijuana Businesses. 1 Marijuana businesses may require Site Design Review under chapter 18.5.2 or a Conditional Use Permit under Chapter 18.5.4 See Table 18.2.2.030 - Uses Allowed by Zane for zones where marijuana businesses are allowed. Marijuana businesses shall meet all of the following _requirements. See definition of rnariluana businesses in part 18.6. a The marijuana business must be located in a permanent building and may not i locate in a trailer, cargo container, or motor vehicle. Outdoor cultivation and storage of merchandise raw materials, or other material associated with the marijuana business is rohibited. b Any modifications to the subject site or exterior of a buildinq housing the mariiuana business must be consistent with the Site Design Use Standards, Ordinariue No, Page 15 01, 2 86 i and obtain Site Review approval if required by section 18 2.1720. Security bars or grates on windows and doers are prohibited. c. The mariiuana business must provide for secure disposal of mariiuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d bight and Glare Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine Ilght and glare to the interior of the structure. Grow Ilght systems within a greenhouse are prohibited, e Building Code Any structure accessory structure electrical service, or mechanical equipment (e.g., lighting, ans, heating and cooling systems) associated with marijuana businesses shall satisfy the Building Code requirements and obtain all required building permits prior to installation. See section 18.2.5.040 Accessory Buildings and Structures. f The property owner shall record a declaration which acknowledges that it or the tenant is responsible to ensure that business oterations are jn compliance with state and federal law where applicable and that they waive any claim or right to hold the City liable for damages they, may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the owner's proposed use or development once such approval is granted. Furthermore the owner or tenant agrees not to unreasonably disobey the City's order to halt or suspend business of state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under this section. g All mariiuana businesses must be registered with and have all applicable licenses from the State of Oregon and meet the requirements of the Oregon Control, Regulation, and Taxation of Mariluana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475,300 - ORS 475.3461 2 Mariluana Processing and Production in addition to the standards described above in section 18 2 3 130 B 7 marijuana processing and production shall meet the following requirements See definition of marijuana processing and production in_part 18.6. a Mariluana processing and production shall be located 200 feet or more from residential zones. Question. Should the marijuana processing (manUfactUring) and production (commercial growing) be regrjired to be located at least 200 feet from residential zones? Current, , iT7r ra; °narijuana dispensaries must he , C.:I'-J at Fast 200 feet from residential zones. The draft is',vritten so that the commerCial Proc.,C`zsirIa a idl F ,C, Juct;en open-(inners v ould also, have to meet this requirement, The exit *.i l7 r dp r ri'i' d_~i. try A track r-pair, auto holy rep lr or painting, and kennels with animals hcus06 0Ltl.:iC J to Ce Ut t~ ~JCt feel fr~.im resident .,I Ordinance No. Pagc 16 ot'23 87 Cabe carpentry and machines sl`~ops can be located within 290 feel of a residential zone but are a cn i r`on,al use. Wholesale distribution is allowed a special peg i -1 use 4,vlthin 200 feet of residn.n'ial as Iong as the hours of deliveries and sh t occur beh),,aen 9:00 a.rn. and 7.00 psn Because the lr,_Fai rwmj'u n a lik-ustry is nelrj, there is limited information aval abal - commercial -i i,r.HjI ;ii j and production creatas 01lent or additional itr~e.g:, noise, racfcr, tir .`r 1 r' Gi : 'J' -C) coo pared to other ~u n_ manufacturing a { ypically, uses are required r rye sett r from residential zones if there are ,))vious irnpai ti :rri odor from auto body painting or dogs barking outside a' a kerne' roductign shall be limited to 26 000 square feet of gross leasable b. Marfjuan" e...e.....,.e._µ j...,...._.,.- floor space per lot. Cluesti_on: Should marijuana production (commercial growing) operations be limited in size? States such as Colorado have had commercin'l gran operatiVons in warehouse structures. Reported problems in:lude high square footage r~eS with relaf velyfewemployees, continuous lighting, and inflated light industrial or warehouser nts. While none of the information is definitive, it rnay be prodent to initially limit the indoor grow operations so that ernploynient lands are preserved for a variety of uses and employment intensities.. According to the C ty's 2007 Economic Opportunity Analysis (EOA), approxin°ately 15% of Ashland's emplo;r~nt is in the industrial or manufacturing sector. The average employment density for the City s commercial, h-;alth care, employment, industrial zones is 97,2 employees per acre with more sl: "rc: an a^ r.-, ,,e of 9,2 employees per a~-.re in the E- 1 zone and 12.1 in the M-1 zone, Based on W--, average of '7.2 employees per acre, the employment lard supply is projected to Le sufficient through 2027, but begin to experience some deficits in the 2428-2057 tirne period. The existing code limits retail e5 t; ishrnents in the E-1 zone to 20,040 square feet in size. The intent of this c~ le provision is to ret.arn a sufficier? arnour~t of E-1 land for light industrial uses. The ?i r'it<l ~r, c,.-~rnnicrclal groves operations %VOU'1' b(^`m la% The square foot (imitation per lot vvou. I 1 I 3t _ pears to be a lard intense .c u~,--- with low employee numbers. At the same fime, Fz-,u ire fi-.!age Iimitatinn v,ould preserve employment lands for dJerent uses and potentially uses .,,tit's higher erployee per acre ratites Examples of bran i r; I~) this size range are the Moderri are bu'dings at 705 end 709 Washington Street which are cr-:ch approximately 18,000 square feet in size. 3, Mari"uana Retail Safes. In addition to the standards described above in section 18.2.3.990.13.1 marijuana retail sales shall meet the following requirements. See definition of marijuana retail sales in part 18.6. A:-- Rsule trijua dis{nensar~es are {~e~rie~l ~`snbjeGt to all of +ng design Stan s. 1 'Thn rlSc..n.kSnr.. meat h-Gated on a propeky With - 1,-.,-,4 Drdinance No. Page 17 of 23 88 rl' t to a boulevard, evre t that die nensaries arcs not Permitted ire -the on-mintomm Design St~adard.s zone- 7 TTho_dispensary t h 1 "t d in a permanent building and may not a 9# aoC-atc-in-u +railer~ 6arg6 oAHta++~@r; e- Outdoor storag rchandise, raw materials, or other material assoGiated with the ddi . r~ensarI is prohibited 3 Any d'firations to the s+rhiert site n extermor of a building housing the dispensa + must b t t with the C"t Design Use Standards nd e a obtai-n Site view approval if required by r rtion i8.6.2.020. Ser++rity bars or grates on windows and doors are prohibited. 4 The d' nsa r establishment must not have a drive up use r J + 6. The dispensary must provide for seGure disposal of mar~ ts GIF by PredUGtS; SUGh remnants or by products shall not be plaGed within the ~~nainer-rr.rv_+s dispensary's exterior refuse rnnt _____-_a_ r_r____ _ GThe dispensary is registered with the Oregon Health Authority under the J J S state of Oregcm's medical marijuana faGility registration system under 476.300 QRS 475.346, and meets th ts of OAR Chapter 333 B. Other LC)GatieRs. Med"Gal marijuana dispensaries, eXGept as allowed in seGfiGR hall meet all of the following requirements 1 Trnh dispensary ~ t he 1 ated 900 feet or more from residential zAne- + vrent°c1 ~ that dispensaries r not permitted On the Downtown Desigp e'c Standards zone. 7 The dispensary must he lerated in a peFmanent building and may not e mer h di a er materials, or ethter material associated with the dispensary is .,1-.'hited- ~ the_stbye -tsite-o-rexterior-o€ a--building-housing-the 3. A. -modiftat+ons t dispensary must be Gonsistent wRh the Site Design Use Standards, and rtin 18.6.2.020. Sen++rity bars obtain Site- Review approval if required by or gFates on mAndows and doors are prohibited. 4. The use. 6. The dispensary must provide for seGure disposal of nnants c) dispensary's exterior refuse rontainer~ 6 The dispensary registered vtiththe Oregon Health A+~thority-under--the SWIL- of /lren~n's m d' I i' f il't r tr t" Fstem under 47S-.3-0-0 - 0- RS 476.346, and meets tt_hieTeL1. require.m.pents of OAR Chapter a. Location. Ordinance No. Page 18 of 23 89 1. Marijuana retail sates are allowed if located on a property with a boundary line adiacent to a boulevard. ii. Mariiuana retail sales, except as allowed above in subsection 18.2.3.190.B.3.a.i must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. iii Marijuana retail sales are not permitted in the Downtown Design Standards Zones. Medical Nlariiwr a Dlsoensaric Seprltion Reguirernents l he IT] r r 1,` to c+ ding ;epamtion requirements in the City's code. S#atr: i:i~ c!rrreir'_ r l l,ClQCi fuss s r ~titar bet~,veen rrredical marijuana dispensar nu and schools and ilie c- srinq cork requires ail dispensaries is r stat4 law. The Oregon Liquor Cc n' ornmission (Qi CC) is VrJrkir=g Oil a liCel 5incd regimen for the fair types of permitted rap i. but that structure is not expected to be in place until the latter half of 2016, As a result t is uikrrown at this pol-t In-i ther m,-njuar{a retail sales outlets w">ll be required by state Ir w to have Pie sarrre seParatic;#n recu`r~ rits rrs Medical PlanjPuana dispensaries. b Drive-up Use The marijuana retail sales outlet must not include a drive-up use. SECTION 3. Chapter 18.2.5 [Standur-ds for Residentia' Zones] of the Ashland L.zind Use Grdiriancc is bereby amended to read as fbllows; 18,2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations. A. Setback Yard Exceptions. See subsection %2.5.060.B.2. B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be nlainta;ned accessory to a dwelling in a residential zone- See section 18.2.3.190 for homegrown marijuana cultivation and marijuana production requirements, D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings can adjoining properties- Ordinance No. Page 19 of 23 90 E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. ff a a~ 1 10 Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: 1. Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear width of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform, designed to support the rain barrel's full weight. 4. Every attempt shall be made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECTION 4 Chapter 18.6.1.030 [Definitions] of the Ashland Land Use Ordinance is hereby amended to read as follows: Ordinance No. Page 20 of 23 91 Homegrown Marijuana Recreational or medical marijuana plants planted, cultivated, grown and harvested by a household on any lot occupied solely by one on more dwelling units as permitted by the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475 300 - ORS 475 346). Medical marijuana grow sites located in residential zones and registered with the Oregon Health Authority shall be considered homegrown marijuana for the purpose of this ordinance. Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing keeping or storage of homegrown marijuana. Mariiuana Businesses. Persons with an approved license for marijuana processing, production wholesale or retail by the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act or person with an approved license for a medical marijuana facility or registered grow site by the Oregon Health Authority (OHA) under the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). Marijuana Plant Immature and mature plants of the plant Cannabis family Moracae. Marijuana Processing. Marijuana processing is defined by the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act and includes activities such as packaging marijuana items labeling or relabeling ay package or container of marijuana items and processing or converting marijuana into marijuana a products. Marijuana processors are licensed bV the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Marijuana and Industrial Hemp Act. Marijuana Production. Marijuana production is defined by the Oregon Control, Regulation and Taxation of Marijuana and Industrial Hemp Act and includes activities such as the planting cultivation growing or harvesting of marijuana for commercial purposes Marijuana producers are licensed by the Oregon Liquor Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Marijuana and Industrial Hemp Act. Medical marijuana grow sites located in non- residential zones and registered with the Oregon Health Authority shall be considered mariiuana production for the purpose of this ordinance. Mariiuana Retail Sales. Marijuana retail sales is defined by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes selling marijuana items to a consumer. Marijuana retailers are licensed by the Oregon Liquor Ordinance No. Page 21 of 23 92 Control Commission (OLCC) under the Oregon Control Regulation, and Taxation of Mariiuana and Industrial Hemp Act and by the Oregon Health Authority (OHA) for medical marijuana sales under the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346). Marijuana Wholesale Marijuana wholesale is defined by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes activities such as purchasing marijuana items in Oregon for resale to a person other than a consumer in Oregon Marijuana producers are licensed by the Oregon Liquor Control Commission MCC) under the Oregon Control Regulation and Taxation of Marijuana and Industrial Hemp Act. Medical Madiu ana. Marijuana used to mitigate the symptoms or effects of a medical condition and regulated by the Oregon Medical Mariiuana Act (ORS 475.300 - ORS 475 346) Grown and sold bV registered persons with the Oregon Health AuthoritV O( HA). AAediGalAltariju-ap,a ~ ORS 475.300 to 475,346 that dispeRse FR@FajUaRa PUrq---,-;;At te QRS 47-5.344. SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 6. 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. SECTION7. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) 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 , 2015, and duly PASSED and ADOPTED this day of 2015. Ordinance No. Page 22 of 23 93 Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 23 of 23 94 Questions of Staff Staff was asked to clarify which area will be a community park: Mr, kRolnar identified the area acquired by the Parks Department but noted the Parks Commission has not made a determination on how the park land will be used. It is their land to plan and it could be a dog park, active fields, etc. Staff was asked if the affordable housing element is a criteria in this application, Mr. Molnar stated supporting affordable housing is a broader policy decision of the city. He added a key consideration is criteria #4 that states "nothing in this section chaff roquire. that the residential density be reduced below the peonitted densiT olloved by the zone. 'He stated the commission needs to determine hovel to apply this, and whether permitted density means the minimum, base, or maximum density permitted. He added this is a difficult decision and stated "permitter) density" is not defined in the axle. Applicant's Rebuttal Dave KanneriEmphasized thatthe Parks Department has already stated that they are not interested in this property as park land or a community garden, Additionally, they are not interested in swapping their parcel with the city. tvlr. Kanner stated this property was acquired in 2008 and there have been six and a half years to find an alternative. He stated the degree to what level people lave the tree is not a criteria and stated this application meets the criteria in the code, He stated its removal would not have a negative impact on erosion, soil stability, etc.; the removal would not significantly impact tree densities within 2D10 ft., and though this tree is unique to our area it is not a unique tree, The issue is whether or not they can meet the minimum, base, or maximum density of the zone and this is what the commission needs to determine. Mr. Kanner stated the city is not trying to make money off this [and and stated the city would make far more money if it sold the parcel at market value. He staters the amount of affordable housing would have to be reduced in order save the tree, and stated he does not agree with this approach when all of the criteria have been met Deliberations & Decislon Commissioners DawkinstMiller mts to deny PA•2015-00934. DISCUSSION: Cawkins stated while he supports restricting the urban growth boundary he has repeatedly questioned the city's infill policy and believes they should be gromrq from the center out. He added he does not support any more development on Clay Street until there is a safe way to cross Ashland Street. Miller agreed with Dawkins on the issue of traffic on Clay Street. She added she does not believe criteria 43 and #4 have been met and would like to see other altematives explored. Brown disagreed and stated the application meets the criteria in the node, He stated any potential traffic concerns would be addressed when a development proposal comes forward, and this application is about the tree and affordable housing. Brawn stated personal preferences are not Dart of this decision and stated the application clearly meets the requirements in the code. Norton stated he does not support the motion to deny, He stated if the tree stays it will need room to continue to grow, and if you shoehorn in the development it v►ill impact the health of the residents. He added he cannot support keeping the tree if it means the housing will not be adequately resigned. Miller cited criteria #3 and stated a reasonable alternative does exist and if they define permitted density as minimum ar base density this development could move forward with the tree staying. Brown noted the tree will continue to be preserved until an adequate plan is presented and at that time they can discuss traffic, number of units, etc. I'Andlin stated affordable housing and its value it not an approval criteria and stated she does not believe the application satisfies the criteria in the code. Mindlin stated criteria #3 has not been met and regarding critera #4 she does not believe this means they have to allow someone to build the maximum density without considering the other factors. She added she does not support pre-approving the tree removal before seeing alternate plans. Roll Call Vote: Commissioners Dawkins, Miller and Mindlin, YES. Commissioners Brown and Norton, NO, Motion passed 3.2. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. Planning Manager Maria Harris presented language that could be used as a starting point for regulations on recreational nmarijuana. She explained starting July 1, 2015 people are allowed to have up to four marijuana plants and explained the city has had some cede compliance issues with marijuana grows, mostly on odor, lights and fans. Vs. Harris reviewed the draft language that would place limitations on outdoor grows and stated the intent itte minimize adverse impacts to neighbors. one requested the commission provide input on the nurnber of plants that should be allowed, whether this should be per lot or per household, and whether requiring setbacks is the right direction to go. She noted the state will begin accepting licenses for commercial sale sites in January 2016, and clarified tonicdhVs discussion is only abou` residences. fifi11!~7r;C! ~fc)1itN11(( i'_~U;1MdfSSfp17 P,_1CIL, 5C..r6 95 Commission Discussion Commissioner Brown asked if state law allows the city to restrict the number of plants and Ms. Harris replied that staff believes so, however they are not allowed to increase the number. It was asked how tall the plants can grow and Ms. Harris explained they can get up to 8-10 ft. tall. Brown suggested they consider limiting the height of the plants, since at this height they would be clearly visible over a fence. Ms. Harris stated there are two moving parts and explained medicinal marijuana is loosely regulated by the state and allows six plants per card holder, however people have started growing for other card holders. She explained this ordinance would limit outdoor growing regardless of whether it is for medicinal or recreational use. Commissioner Dawkins expressed concern with rental units being taken out of the housing stock and used as grow houses, and questioned if they should use electric bills to detect where indoor grows are happening. Commissioner Mindlin asked if greenhouses would meet the screening requirements and staff indicated they could address this in the ordinance as a possible screening alternative. City Administrator Dave Kanner addressed the commission and stated his recommendation is to place a limitation on the number of plants grown outdoors, and stated they may run into problems with legislation if they try to limit the number grown indoors. Regarding the height concern, he stated as long as it Is not visible from any public place he is not concerned if the plants are visible over the top of a backyard fence. Mr. Kanner stated his main concern is regarding large grow sites consisting of 20 or more plants and explained the odor of a grow this size impacts entire neighborhoods. He explained he has spoken with the city's code compliance officer and his opinion was that four plants would create an odor, but it would not be so obnoxious that neighbors can't enjoy their outdoor spaces. He stated he is not concerned with whether they are growing for recreational of medicinal uses, but if they want to grow more than four plants they need to do it inside. He stated the electrical use component is interesting and stated while they cannot single out one type of business for higher rates, the city can establish excess of peak use charges and apply it to all commercial businesses. Regarding Dawkins concern, Mr. Kanner stated it is very expensive to rent a house in Ashland and there is a shortage of available rental properties, and he does not believe it will be worth someone's while to establish a grow operation in Ashland when there are far less expensive options elsewhere. Commissioners Brown/Dawkins m/s to direct staff to initiate the amendments and prepare an ordinance. Roll Call Vote: all AYES. Motion passed unanimously. i ADJOURNMENT Meeting adjourned at 9:30 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission June 23, 2015 Page 6 of 6 96 Planning Commission Speaker Request Forma 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about, 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. ,t) Limit your c orti rents to the amount of time given to you by the Chair, Usually 5 minutes. 5) If you prekent written materials, please give a copy to the Smrelary for the record, o) Yoti 111ay give: written comments to the Sev tart' for the record if you do not wish to speak. 7) Speakers ate stalely responsible for the ~ ~ tits nt of their public statcnlUnt, t Name ii)1-je a tse print? r: { 'tddress (no P.O. Box)-----4-,, r Plron Email j Tonight's Meeting Date ^ { Regular Meeting Agenda item number OR Topic for public forum (non agenda item) ,r Land Use Public Hearing 1,4 Fur: Against: Challenge for Conflict of Interest or Bias If you challenging a member (planning commissioner) with a conflict of interest or I)ia ' pic~use write your nflc,rAinri complete with supporting facts on tWs forth rI nd dclivcr it to the clerk iniaiwdiaiely. The Chair ,A-ill address the written challenge with the nwinbc , 11Ictasc I)e respectful of the pracctcding and do not interrupt. You ntay also provide testinionyaboat the mh:alieu~~ when you testify during flue lionnml order of proceedings. - Writtcn Corunents/ChaIlen ~j rlla~ 1 Lj- _ fem. ,f ~ 1 t_11 1 3 t' 77rr Public f'~IcrliNf,~, ~,GFW re-41141'C) : t111 1 At t17gb't~G UpC^n folhe public. (Xeg-)n jC713F~0~'S'-hnt ul"y'vs ra gnir e (licit the public be pernihied to s )ecjJ,. Thy ashlrttr '1'l tttritr t.'crar,aa~i.csrnlr rrt?r all zrt~~i~<<s tlrn,~zrblie. (c~ slr~~rk crrr regc~rt~a lt~rtr~ a~ttc~~lur~i~t~rpaxhlrc~.Jr~rtrttt nn rrcrtr ~l;~ratltr l(G'r3a.~t~rrla+sRt(irrte crrrtstritrtrts lr'ttrr`(larrbltc ~eslrrtrnrrtf, NoIvison ha an absolute right to sIveth or j)ar&;,%vc° rrt t,ivtyphase of aprocxecling. Please rffliect the order ra}Irtftc~e~lltt~s frr,~~b/r<laa~rrrrrrgs czta€Islt i~tl)°-fr-,Ift,}tip the tlit°eu:rlrtlrsrll'17rtahr~siclr'r.,gt~c~t•. ~trTrcri~icrr~.~t^~~(l~rts't~'!?t~~lrcrl~rrrliE°rr.rt>>r~rhly,l~t(;d'~t'afisr'tt~~`t1~~r~t°e CljfEa,rk~1.~ it i11, f>P 1'e[i1rc,C(?df(7 leave ihtr rotittr, ~~i. t'e] 1e'e7(1N, and rrtal, rrrnsfidtrte 1Avor (Icrhy conduct. A> ~ J 0~ n>truclns and stati•mcnrs by spc~&[s do not represent the opinion u4 he he City council; j tit officers or employees or the City of Ashland, ,r r c c 97/ Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING JUNE 23, 2015 AGENDA 1. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street if. ANNOUNCEMENTS III. AD-HOC COMMITTEE UPDATES IV. PUBLIC FORUM V. TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2015-00928 SUBJECT PROPERTY: 380 Clay Street OWNER/APPLICANT: City of Ashland DESCRIPTION: A request for a Tree Removal Permit to remove a 72-inch diameter at breast height (d.b.h.) Fremont Cottonwood tree from the property located at 380 Clay Street. (This tree was previously identified to be preserved and protected as part of Planning Action #2009-00043.) COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 11C; TAX LOT: 2500. VI. DISCUSSION ITEMS A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana. VII. ADJOURNMENT CITY of ASHLAND In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). 98 CITY OF ASHLAND Memo 1)ATIJ u n c 23, 20115 T01- Ashland Planning C onrrraissiorn 1, ROM: .10aria Harris, Planning Managci RL DiSCUSsiol7 ol`Ncw State Rules oil Recreational Marijuana SUNINIARY The homegrown personal potisession ji-ovisions of the C)regon Control, Regulation, and "Taxation of Marijuana and Industrial Hemp Act (Measure 91) begin on July 1, 2015, and persons 21 years or age or older nasty grow tip to four marijuana plants pcr household. In addition, the households may process, keep, anti store limited arnotults of homegrown marijuana and ',no ncnaade rnarijuanat products, Staff has been asked to duvet rp ordinance l;rnl uaag4 to address growirtf; marijuana, 9pecifically in residential neighborhoods. The cultivation of tlrari.juarta in the city limits appears to have increased ove tr the past few years because cif an increase in medical marijuana grOWS allowed under state law. As as result, the Oty began receiving nuisance-type complaints related to the odor produced by marijuana plants gown outdoors, In addition, complaints have involved impacts from lighting and noise from mechanical equipment (c.g,., fans) related to V_r0 ing plants in grcenlrnuses and rather accessory structures. The attached draft ordinance, language. is intended as a starting paint for the discussion, Tiber primary issuer arc indenti[led for discussion including„ the nunrbe.r of plants that should be allowed in conjunction with a dwelling unit, whether the n1111ber of I?lanis a1101ve.d for outdoor cultivation should be calculated base on a lent or dwelling units, and what type cif setback and area allowances are appropriate in residential seitinrs. Staffs comments are inserted ire ttae draft ordinance and highlighted in red text, BACKGROUND The potential code ame.ndnients are concentrated in Suction 2 oil pages I I - t 5 in the attached draft ordinance larngUagc, Section 18:2.3.190 Medical Nf arijuanza Dispensaries in the c,xisting land use ordinanc-u is amended to include draft standards fear 110111e;g;rown marijuana. Section A is new and addresscs hemricgrown marijuana. Sectian R is a placeholdor I'm- Conarractcial Marijuana Production- this ~c~c~-ion Could include rc_uircments for the commercial cultivation ofmariju<an3 within the city limits. Finally., section C' is the existing special use standards for medical niRrijuarnat dispensaries. `l'ho standards for cultivating homegrown marijuanai outdoors are modeled after the requirements for keehiag of animals in 13.2.3.1 COI and preliminary resc-urch on r•eduirenaents in otherjurisdictions. The 99 Page 2 of 3 attached draft ordinance language is limited to addressing homegrown marijuana plants and includes three primary components. • Outdoor Cultivation. The draft language creates setbacks from plants grown outdoors to property lines and residences on adjoining properties, and limits the size of the area that can be used for growing marijuana plants and any associated outdoor activities. Plants cannot be visible from a street or area with general public access (this provision is included in state law) and must be screened from view with a fence or wall. • Indoor Cultivation. The draft language requires individuals to obtain the appropriate building permits for the installation of any electric service and mechanical equipment (e.g., fans, heating and cooling systems). This typically would be to install lights and other mechanical equipment necessary to grow plants in an accessory structure such as a garage, greenhouse, or shed. In discussion with the Building Official, an ongoing problem reported throughout the state is the installation of electric serviced and other mechanical equipment to grow plants indoors without the sizing and safety provisions required by the building code. • Nuisances. The main complaint the City receives is the odor produced by marijuana plants grown outdoors in the back yards of residential properties. The odor produced by the plants is particularly strong in late summer. Neighbor complaints include not being able to enjoy their backyard and not being able to open their windows because of the strong odor produced by the marijuana grow on the adjacent property. In addition, complaints have involved impacts from lighting and noise from mechanical equipment related to growing plants in greenhouses and other accessory structures in side or rear yards of residential homes. These complaints primarily focus on the duration of lighting and noise from mechanical equipment because the systems operate 24 hours a day and every day of the week. The draft language on nuisances is preliminary and staff is working with the Legal Department on this portion of code. This section will likely be located in Ashland Municipal Code (AMC) 9.08 Nuisances. Other ordinance amendments included in the attached draft are adding Marijuana Cultivation, Homegrown (page 4) and Marijuana Production, Commercial (page 9) to the "Uses Allowed by Lone" table. A cross reference to the marijuana cultivation requirements is added in the accessory structures section for greenhouses (page 16). Finally, definitions of homegrown and commercial marijuana cultivation are included to distinguish between residential and state licensed growing operations. In November 2014, voters passed Measure 91 into law. The law provides for personal growing, possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor Control Commission (OLCC) to administer a licensing system for the production, processing, wholesale, and retail sale of non-medical marijuana (see attached FAQs Recreational Marijuana). The commercial components of Measure 91 begin in January 2016 when the Oregon Liquor Control Commission begins accepting license applications for commercially growing, processing, and operating wholesale or retail marijuana operations. The ability to buy marijuana at a retail outlet is not expected to start until the fall of 2016. The information in this memo and attached draft ordinance language is limited to addressing homegrown marijuana plants. The Commission may want to consider beginning initial discussions on DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 NAM www.ashland.or.us 100 Page 3 of 3 whether to regulate the commercial activities. Staff will be prepared with further research on the commercial uses at a future meeting. ATTACHMENTS 1. Marijuana Cultivation, Draft Amendments to Land Use Ordinance 2. I'AQs Recreational Marijuana, OLCC DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms 101 ORDINANCE NO. AN ORDINANCE. AMENDING CHAPTERS 18.2.2118.2.3, 18.2.5 AND 18.6.1 OF THE ASHLAND LAND USE ORDINANCE RELATING TO HOMEGROWN MARIJUANA CULITVATION AND RELATED ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION, PROCESSING, WHOLESALE, AND RETAIL. Annotated to show de-le ;ons and additions to the code sections being modified. Deletions are bold liners t vrongh and additions are bold underlined. WHEREAS, Oregon voters passed Measure 91, known as the Control.. Regulation, and Taxation of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or more persons 21 years age and older to have up to four marijuana plants at a household and process, keep, and store limited amounts of homegrown marijuana and homemade marijuana products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop and implement a licensing process for commercial marijuana facilities including production, processing, wholesale, and retail; and WHEREAS, Article 2. Section I 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 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 o__f_Firefighters. Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, under Oregon law, local governments may regulate the operation and location of certain types of uses within their jurisdiction limits except when such action has been specifically preempted by state statute; and WHEREAS, Measure 91 allows cities and counties to adopt reasonable time, place, and manner regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted to cities and counties by Measure 91 "is in addition to, and not in lieu of, the authority granted to a city or county under it charter and the statues and Constitution of the state;" and WHEREAS, the City Council determined it is necessary to establish rules and regulations ensuring that both safe access to marijuana and land use compatibility are maintained; and Ordinance No. Page 1 of 18 102 WHEREAS, the City Council determined their[: 110s been ttn ulcrca5c in Marijul111a cultiWitiotl, sllccifically in residenti it neighhorhood5 txcausc of an increase in medical mori,jualla grows allc Need by state law; and WDEREAS, the City Council finds th l( t114 111GrC:lSC M 111,1iJI f [na UlltlV tttull r4'SUltud ill all increase in code cowpllance complaints regarding odor Felated to oul<otv mori' to nnl cultivation as well as adverse inept cts related to noise from mechanical equipment and continuous lighting related to indoor nl►lrijuana cultivatinrl ill acCCSSOry strttcklres such as greenhntlses; and 'r'4r11EMEA4, the City Council determined it is neccssrlry to establish rules 311d regulations I-Or rnat'Juaria cultivation and conl;llerclal I►111"ljllan3 frrcilltics, while pre~ervjllg file pmce-, safety (Ind general wehare ofresiceniial riviglih-orhoods anal neighboring properties; and WHEREAS, the Nanning C ommissinn of the City ol'Ashland conducted in duly tidvortised public hearing on the r►rnndmerit:s to the Ashland Municipal Cade and Land Use Ordinances oil ; and WHERI± A5. the City Council of'the City of A-;hlnnd, follovAng the c lose. of the public, hearing and recurd, deliberated and couducle.d first and second readings approving adoption of thy: Ordinarwo in accorclance with Article 10 of the Ashland City Charter; and WHl±sHEAS, the City Council of th , Cily ofAslrland has dctermined that ill order to protect and benefit the health, safety and welfare: of existing and future nwsiclents of the City, it is necessary to arnend the Ashland 1vlunicipal C odc and Land Use Ordinance in the manner proposed, that In adequate factl►al lease exists For the ameridnienis, the arne.ndme.nts are consistent with the comprehensive plan and that SLteh amendments arc ful-), ,upported by the record of this f~roeeudiatg. 'I'll 1'L+OPLE O T11r, CfTV OF ASHLAND DO ORDAIN AS FOLLOWS, SECTION 1. Chapter 18.2.2 [Base Zones and Allovxd Usc:sj of (lie Ashland band Use Ordinance is hereby amended a-s follows: 18.2.2.030 Allowed Uses A. Uses Allowed in Lase Zones, AllDwed uses include thcse that are permtted, permitted subject to special use standards, and allowed subject to approval of a conditional use permit, Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does nut define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.046, Uses not listed in `7able 18.2.2.030 and not tound to be similar to an allowed use are prohibited. For uses allowed in special districts Clip, NC, KM, and SOU, and for regulations applying to the City's overlays zones, refer to part 18,3, B. Permitted Uses and Uses Permitted Subject to Special Use Standards. Uses listed as "Permitted (P)' are allowed. Uses listed as "Permitted Subject to Special Use Standards (S)" are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are Ordinance No. Page 2 of 18 103 subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020. C. Conditional Uses. Uses listed as "Conditional Use Permit Required (CU)" are allowed subject to the requirements of chapter 18.5.4. D. Prohibited Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090, and 18-1.6.100. E. Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. F. Accessory Uses. Uses identified as "Permitted (P)" are permitted as primary uses and as accessory uses. For information on other uses that are customarily allowed as accessory, please refer to the description of the land use categories in part 18.6 Definitions. G. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. H. Temporary Uses. Temporary uses require a Conditional Use Permit under chapter 18.5.4; except as follows: 1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term temporary uses occurring once in a calendar year and lasting not more than 72 hours including set up and take down. Activities such as races, parades, and festivals that occur on public property (e.g., street right-of-way, parks, sidewalks, or other public grounds) require a Special Event Permit pursuant to AMC 13.03. 2. Garage Sales. Garage sales shall have a duration of not more than two days and shall not occur more than twice within any 365-day period. Such activity shall not be accompanied by any off-premises advertisement. For the purpose of this ordinance, garage sales meeting the requirements of this subsection shall not be considered a commercial activity. 3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar structure may be permitted for a period not to exceed 90 calendar days upon the granting of a permit by the Building Official. Such occupancy may only be allowed in conjunction with construction on the site. 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[ LL (u C) W F' ru G> 110 T N a3 = O O C) N v N O Q ~ Q 1 o (D o U) z z d E o II O Z C~ a a) t7 o > a L U) Q cr N Z C w 00 O U a W Z Z fl Gq d1 ~ a~ R Q, '7 7 Z d a c U U 2 o LE r c O ~ I I (6 En U Z Z (D m ~ IC F- cc LL Z Z ~ C (D N Z Z 0 Q y U 0 u M Z Z Q U ~ .G r Y_ 2 Z Z 3 c O N E Lo U) a CL U) cu If 30 > C Q m 7 d N O C -p U) E (6 c a o w ° ~ M o o U) p ° N E nN N d~. N ~a 00 EL ~ m L ns (n S C: 0) 7j c c O W E E U - o > Y 111 SECTION 2. Chapter 13.2.' [Specitrl Clse Slandardsj of th Ashland Land Use Ordinance is hereby amended ti) read its follows: 18.2.3.19(} Mel+ l Juana-I ispe a Marijuana-Related Uses A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is allowed. it shall meet all of the following requirements. See definition of homegrown madiuann cultivation in section 18.8.1.030. 1. Total Number. Up to four marijuana plants are allowed per lot. Issue # Number of Plants: ante law for rer_re.7tienal marljucrrra 41110'&S up to fe7ur rraarijucrrfn plurrts per household and for ro(Aical mcrriluana aliovrs tap to siX restore plants per pardholder, Some outer cede options eavoJable or the= local head use ordinance rare to reduce tlae number of plants that are ollowed (e.g., three, two, or one plants) or to prohibit outdoor culovatiora eovr6y. Issue 2 Limit by Lot or Household; The dro ft looguoge is more restrictive than state loran because it ties flap maximum number v f roo(ijtrano prints to a lot while state Dour allows plants dosed on a household. If the lot )aaguage is used, lot. with rnuNpte dwe&rius on the scrrie property (e.g., a single-family residence and an accessory residential unit, an apartment building t with four traits) would be limited to four plants and would not be allowed to have four plants per dwelling, Far example, r, lot containing a single-fancily residence and an accessory residential omit would be allowed up to four plants under the draft language because both dw=ellings are located on the sauce lot, whereas state law allows up tc eight plcn's or four plants per household. 0-Tr thing to mote is that any setback or area requirements (see 3. Outdoor Cu?tivo6on below) v,r'll likely be more difficult to meet on smaller properties and/or properties with multiple u'ri iiirr -s on the Brame lot. The code compliance complaints received by the City thus far have been single-farn Py ;'welling ~~*uatia~as with one dwelling unit on one lot. f-lousehold is defined in Measure °J as " meccas c housing (writ, and includes carry, place in or around the housing unit at which the occupants of the hau-,; ng unit are producing, processing, keeping, or storing hon-regrown rrtranluana or homemade marijuana products Housing tinit is de f ned in pleasure 91 as "means a house, on apartment, a mobile home, a group of rooms, or a single roorn that is occupied as a separate living quarters, in which the occupants live and eat separately forme an y rather persons in the building and which have direct access from the outside of the building or through to common hall." 2. Marijuana plants grown outdoors or in an accessory structure must be located on the site of the primary residence of the person or household that cultivates and owns the plants. 3. Outdoor Cultivation. Ordinaric.eNo. Fags I i of IR 112 a Locate marijuana plants so the plants are not visible from a public street or anV area that the general public can access (e g., schools Playgrounds, parks, commonly-owned open space pedestrian and bicycle paths and traits). Marijuana plants shall not be located in a front yard. Limiting the visibility of rnariiuaro (,ior,rs'corn any area with generof public access is a requirement of Measure 9l. b. Screen mariuana plants to limit view from adjacent residential properties with a solid wood fence or masonry wall. For fence and wall design recluirements, see section 18.4.4.0GO, c. Locate marijuana plants at least ten feet from any property line. d. Locate marijuana plants at least 20 feet from dwellings on adjoining properties. Plants must also be located at least 20 feet from any multifamily dwelling within a multifamily development. e. A maximum of 100 square feet of yard area may be used for growing marijuana plants and any processing keeping or storage of homegrown marijuana that occurs outside of a dwelling or accessory structure. Issue 3 Setbacks and Area: As a starting point for discussion, staff used the setbacks that ore required for enclos:jres for housing rnicno-iivestock in o residentiai district in 18.2.5.0401, In addition, staff ,ndaded a square footage requirement for the maximum yard area )poured for oi,, ir cult;'vaticrrr, processing, keeping, or storage of bornegro4vn mor7juana. The purpose of a setback and yard area firaaitatior for outdoor roars uano cultivation is to limit the location, sire, and stole ofund access to the grow area and therefore, reduce adverse impacts to neighboring properties. However, the suggested setback will not prevert odor from reaching neighboring properties based on staffs experience wvth post code compliance cases. Examples of required setbacks to rnarquona plonts it) lam} use ordinances appear to primarily be in county situations. In general the ml:nirnum lot sizes in cvunoces arc.' substontidlly larger than in cities. A sample of some of the setback requirewents is included in the table below. Local Jurisdiction Lot Size _ total Setback frorn Setback Cultivation Property Lines from OR Area Adjacent Allowed Residences of Plants Central Point, OR Outdoor cultivation prohibited and marijuana cultivation, - production, processing, or possession must be conducted in a fully enclosed area (adopted May 28, 2015) Jacksonville, OR Outdoor cr.rltivation prohibited and marijuana cultivation, production, processing, or possession must be conducted in a Ordinance No. face 12 of IS 113 Local Jurisdiction Lot Size Total Setback from Setback Culeivaidon Property tines from OR Area Adjacent Allowed Residences of Plants fully enclosed area (ordinance going ens : rty Council for vote at One of Writing) SbLsta County. CA less than 1 64 squi3r e 15 30 acre feet tc rmdcr 2 100 square Sit 75 acres feet _ 2 to under 5- 154 square 10075 acres feet 5iskipou County, 3 or pcvrer~~ NA~ NA CA plat , 4 r; rrlarn~ hfA NA 7 Ev 9 pianLs NA 4U NA 10- 12 plants NA so NA More than NA I54 + iA 12 plants 4 Indoor Cultivation Any structure accessory structure, electrical service, or fans beating and cooling systems) associated with mechanical equipment (e .c marrit►ana cultivation shall satisfy the Building Code requirements and obtain all required building permits prior to installation See section 18.2.5.040 Accessary F Buildings and Structures 5 Multi-family Development Marijuana plants may be drown on lots containing multi-family dwellings in conformance with the requirements of section 18.2.3.190 and provided all of the following requirements are met. a The property owner or designated property manager provides written notification to all residents of the multi-family complex and to the City that verifies the cultivation of marijuana plants will comply with the requirements Qf part 13.2 Zoning Regulations The written notification shall include the following information. j JiProperty owner property manager, or home owner association representative contact information including the name. address, and phone number(s). F, Twenty-four-hour emergency contact information for an onsite resident designated as the primary responsible party for the marijuana plants and maintenance Contact information shall include the name, address, and phone number of the responsible Party. Ordinance No. Page 13 of 1$ 1 114 iii. The City requirements for the cultivation of marijuana including the maximum number of plants per lot and the requirements of section 18.2.3.190. b.: The area in which marijuana plants are grown shall be continuously maintained regardless of any change of building tenancy or 12roperty ownership. 6 Homemade Marijuana Extracts, No person may produce process keep or store homemade marijuana extracts pursuant to section 57 of the Oregon Control, Regulation, and Taxation of Mariiuana and Industrial Hernp Act, 7. Marijuana cultivation must meet the requirements of the Oreclon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS 475.300-ORS 475.346). 8. Nuisances. J-his sectroo would likely i'" located io Ashland Mt,n of Code (AMC) 9A 1' uisow'~ , Srafj is i,-ca"king with the Legal Department to coo dinote this portion of any uptopuij cr r roc ornendments. a_ Homegrown marijuana cultivation shall not cause or create any odor, light, or noise which Is so harsh, prolonged, or unusual in time or place as to cause unreasonable discomfort to any persons or their quests in any adjacent dwelling unit or property. b, Standard. The standard for judging odor, light, and noise nuisances resulting from growing marijuana shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the following factors. L The character of the neighborhood in which the nuisance occurs. ii, The proximity of the odor, light, or noise to s(eepingJacilities. iii. The time of day or night the odor, light, or noise occurs. iv. The duration of the odor, light, or noise. y. Whether the odor, light, or noise is recurrent intermittent or constant. vi. The land use, nature, and zoning of the area from which the nuisance emanates and the where it is received or perceived. B. Commercial Marijuana Production. [Placeholder] f C. Medical Marijuana Dispensary, A1.Roulevard Location. Medical marijuana dispensaries are permitted sugiect to all of the fallowing design standards. 4a The dispensary must be located on a property with a boundary line adjacent to a boulevard, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b, The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other Material associated with the dispensary is prohibited. Orcliirmmc o No. Page 14 of 19 115 3c. Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. 4c. The dispensary must not have a drive-up use. ad. The dispensary must provide for secure disposal of rarijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary's exterior refuse containers. Se. The dispensary is registered with the Oregon Health Authority under thc~,r~ state of Oregon-s rnedical-mariluana4as+litf-regast;atl;- ry~t°r.~n~~'^r nP.S T75 389- ORS-47_9-.346 the Oregon Medical Marijuana Act (ORS 475.300 - ORS 475.346 , and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. 92. Other Locations. Medical marijuana dispensaries, except as allowed in section 18.2.3.190.A, are subject to a Conditional Use Permit under chapter 18.5.4 and shall meet all of the following requirements. 4a. The dispensary must be located 200 feet or more from a residential zone, except that dispensaries are not permitted in the Downtown Design Standards zone. 2b. The dispensary must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor storage of merchandise, raw materials, or other material associated with the dispensary is prohibited. 3c. Any modifications to the subject site or exterior of a building housing the dispensary must be consistent with the Site Design Use Standards, and obtain Site Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. 4d. The dispensary must not have a drive-up use. 5e. The dispensary must provide for secure disposal of marijuana remnants or by- products; such remnants or by-products shall not be placed within the dispensary's exterior refuse containers. Sd. The dispensary is registered with the Oregon Health Authority under the state n Ore9en's--ffed1Gal4r,artjuana facility registration system undeF ORS 476.309 ORS 475.345 the Oregon Medical Mariiuana Act (ORS 475.300 - ORS 475.346), and meets the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. SECTION 3. Chapter 18.2.5 [Standards for Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as follows: 18.2.5.040 Accessory Buildings and Structures Accessory buildings and structures shall comply with all requirements for the principal use, except where specifically modified by this ordinance, and shall comply with the following limitations:. Ordinance No. Page 15 of 18 116 A. Setback Yard Exceptions. See subsection 18.2.5.060.13.2 B. Guesthouse. A guesthouse may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guesthouse. C. Greenhouse or Hothouse. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential zone. See section 18.2.3.190 for marijuana cultivation requirements. D. Livestock Structures. Except as provided for micro-livestock in subsection 18.2.5.040.E, below, barns, stables, and other structures shall be located a minimum of 50 feet from any property line, and structures housing large livestock shall be more than 100 feet from dwellings on adjoining properties. E. Micro-Livestock Enclosure. An enclosure housing micro-livestock may be maintained in a residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as follows: 1. The structure shall not be located in a required front yard. 2. The structures shall be setback a minimum of ten feet from abutting properties as illustrated in Figure 18.2.5.040.E.2. 3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a multifamily complex, structures must also be located at least 20 feet from any dwelling within the complex. 4. The structures shall not exceed six feet in height. 5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four square feet per animal, whichever is greater. 6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square feet in area, or ten square feet per animal, whichever is greater. I p, D 10 1 Figure 18.2.5.040.E.2 Micro-Livestock Enclosure/Minimum Setback to Property Line F. Rain Barrels. Rain barrels may be located within required side or rear yards provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, and meet the all of the following requirements: Ordinance No. Page 16 of 18 117 1, Rain barrels shall not exceed six feet in height. 2. Rain barrels shall be located so that a minimum clear vrldth of three feet is provided and maintained between the barrel and property line. 3. Rain barrels shall be secured and installed on a sturdy and level foindation, or platform, designed to support the rain barrel's full weight 4. Every attempt shall he made to place rain barrels so that they are screened from view of adjacent properties and public streets. SECrj,jON 4 Chapter 18,6,1.0 30 1 Delinitionsl o rthc Ashland Land Ul-w Ordinance is hereby aniended to read us l'ollows: Commercial Marijuana Cultivation. An activity related to the planting, cultivation growing or harvesting of mariiuana for commercial purposes and licensed as a marijuana producer under the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or permitted as a medical marijuana grower under the ,Oregon Medical Marijuana Act [ORS 475.30D- ORS 475.3461. Homegrown Marijuana. Recreational or medical madiuana plants planted, cultivated, grown, and harvested by a household on anV lot occupied solely by one on more dwelling units as permitted by the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act or the Oregon Medical Marijuana Act (ORS 475.300 - ORS 476.346) Homegrown Mari"tuana Cultivation. The cultivation of homegrown marijuana and related activities such as processing keeping, or storage of homegrown marijuana. The d1 ' r u wns :r ?ove are based tin the Afiniti&ll W14 100) tJOg,- ire lvlCMure 9i. SECTION S. SayinLs. Nom-itlistanding this amendmcnt/repeal, the City ordinances in existenac at the time nmy criminal or civil cnforcen2r:nr actions vvere coinrnene;ed, shall remain valid and in full foFCC 911d effer-t foi' pui-POStS of till eases hied «r comnicituc l during the times said (M-dinntices(s) or portions thereof' were opcrativc. This section simply clarifies the exi5tiug situation that nothing in this Ordinanec affects the validity o f prr)5ocutions e:onirncnced and emntinucd under the laws in effect at the tune the matters were originally tiled, SECTION 6. Sevei-ability. The sections, subsections, paragraphs and clauses of this ord nancc are scvcrable. Fhc invalidity (if ono section, subsection, paragraph, or clause shall not affect the validity of the remaining seetjOns, SUbsections, paragraphs and clauses. SECTIO 7. Codification. Provisions of this Ordinanco shall be ineorpot-Mcd in the City Code and the word "ordinance" may by changed to "axle.", "article", "section", "chaplee' or anothor word, Ond thU- sa ctipns of this Ordinance navy be rGnunibered, or re-lettered, provided however Ordinance No. Pagc 17 of 19 118 that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) 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 12015, and duly PASSED and ADOPTED this _ day of 2015. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Ordinance No. Page 18 of 18 119 IRMA FAQs Recreational Marijuana Recreational Marl)uana in General Q: What is the purpose of legalizing recreational marijuana? A: As stated in Measure 01, the purpose of the Act is to: • Elinlinate the problems caused by the, prohibition and uncontrolled manufacture, delivery, and possession of marijuana within this state; Protect the safety, welfare, health, and peace of the peop=e of this state by prioritizing the state's limited law enforcement resources in the most cffective, consistent, and rational way; • Permit persons liconsed, controlled, regulated, and taxed by this state to legally manufacture and sell marijuana to persons 21 years of age and alder, subject to the provisions of this Art; • Ensure chat the State Department of Agriculture issues industrial hemp licenses and agricultural hemp seed production permits in accordance with existing state laud; • Establish a comprehensive regulatory framework concerning marijuana under existing state law, Q; What does Measure 91 do? k Measure 01 allays Q{egonians to grow limited amounts of marijuana on their property and to possess limited amounts of recreational rarijuana for personal use beginning July 1, 2015 under Qregan lam The measure also gives OLCC authority to tax, license and regulate recreational marijuana grown, sold, or processed for commercial purposes. The CLCC doEs nut regulate the home grow/personal possession provisions of the lard, The QLCC wil begin accepting applications for growers, wholesalers, processors and retail outlets on January 4, 2016 Q. When will Measure 91 go into effect? A The home grow/personal possession provisions of the measure start on July 1, 2015. However, the OLCC Won't begin accepting license applications from those who want to commercially grow, process, wholesale ar operate retail marijuana outlets until January 4, 2016. The ability to buy marijuana at a retail outlet is not expected to start until the fall of 2016. Q. Who will implement the initiative? A. The initiative designates the Oregon Liquor Control Commission as the state agency that will regulate the commercial growing and selling of recreational marijuana. It also gives the QLCC authority to tax, license and regulate commercial recreational marijuana operations. The OLCC has no authority to regulate or enforce the home grow/personal possession provisions of the law. Q: How can i get a job with QiLCC in the new marijuana prograro? A: OLCC posts job opportunities on the Qreppr 'nbs-or website. Interested applicants can fill out a Job Interest Card to receive email alerts about job openings at OLCC. You can also sign up for email alerts about OLCCjob opportunities through our website. FAQs: Recreational Marijuana (05/2015) 120 Q: Can Measure 91 be changed? A: Yes. Since the rneasr,re is a statutory one instead of constitutional, any of its provisions can be changed by the Oregon Legislature, which is currently in session and will be until Jule" 11, 2015. The measure cannot be charged by the OLCC's rule making process. Q: Where can Iget more information? A: As updates occur arid information is available, we will share that information with you on this website. To keep up to ciate, click here Q: What if I have additional questions? A: P=lease send acldi;ional questions to rnariiuanaforegon.t cy Medical Marijuana Q. What impact does Measure 91 have on the current Medical Marijuana Program? A. None. Measure 91 states that the "Act may not be construed to amend or affect in any way the Oregon Medical Marijuana Act." Q. Should I get a new OMMP card or renew my existing Card? A. Gnly you as an individual can answer that question. The OLCC cannot advise you an this matter, Q: What is the difference between recreational marijuana and medical marijuana? A: Medical marijuana is for patients with qualifying medical conflicns. Recreational marijuana, whether grown at a residence or obtained from a licensed retail outlet, is for personal use for adults 21 years of age or older. For more information on medical marijuana see wvvw.rnmi.orep0n.R0%I Personal Use Q: When can I srnoke/use recreational marijuana? A: Starting July 1, 2015, Measure 91 allows Oregonians to grove up to four plants on their property, possess Lip to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public. Until then, current marijuana laws in Oregon rerTlain in place. Measure 91 requires OLCC to begin accepting license applications by January 4, 2016 for commercial growers, processors, wholesalers and retailers. Q: Where and when can I buy marijuana? k Marijuana will be available for purchase through retail stores licensed by the OLCC sometime in the third quarter of 2016. Q: Where and when can I buy edibles and extracts? A: The OLCC has made the decision to take extra time to make sure that it gets the availability of edibles and extracts right. They will eventually be available at retail outlets licensed by the OLCC, but probably not at the same time that the stores are expected to open in the third quarter of 2016. I FAQ.s: Recreational Marijuana (05/2015) 121 Q: How much marijuana can I have? A: Beginning July 1, 2015, recreational marijuana users can possess up to eight ounces of useable marijuana and four plants per residence in Oregon. An individual can carry up to one ounce in public, but using marijuana in public is prohibited. Q: What is meant by "useable" marijuana? A: Useable marijuana refers to dried marijuana flowers or leaves. In other words, marijuana that is ready to smoke. Q: Can I grow marijuana at home and when? A: Yes, with limits. The act allows home grow of up to four plants per residence beginning July 1, 2015, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence. Q: Where can I obtain marijuana seeds or starts after July 1, 2015? A: The OLCC can provide no guidance on that issue. Q. Can a landlord tell tenants not to grow recreational marijuana or smoke it rental units? A. Measure 91 does not affect existing landlord/tenant laws. Q: What if an employer requires drug testing? A: Measure 91 does not affect existing employment law. Employers who require drug testing can continue to do so. Q: Can I smoke marijuana in a bar/restaurant? A: No. Marijuana cannot be smoked or used in a public place. Q: What is the definition of a public place? A: Measure 91 defines a public place as "a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation." Q: Who can smoke recreational marijuana? What is the minimum age? A: As of July 1, 2015, anyone 21 years of age and old and consume recreational marijuana in Oregon. Marijuana use or possession of recreational marijuana by anyone under 21 years of age is illegal. That includes home consumption. Q: Who will enforce recreational marijuana laws? A: Enforcement of the home grow/personal possession provisions of Measure 91 will be at the discretion of local jurisdictions, the state police and possibly other law enforcement agencies. The OLCC is responsible for enforcement actions against businesses that the OLCC licenses to grow, process, wholesale and sell recreational marijuana and related products. Q: How much will recreational marijuana cost? A: The retail price of recreational marijuana will be determined through a competitive marketplace. FAQs: Recreational Marijuana (05/2015) 122 Q: Can Oregon recreational marijuana be taken to the state of Washington where it is also legal? A: No. Taking marijuana across state lines is a federal offense, Q: How will children be protected from recreational marijuana and marijuana products? A: Measurp 91 prohibits the sate of recreational marijuana to miyone under the age of 21. The act also gives ULCC authority to regulate or prohibit advertising. In writing the rules necessary to implement the new laud, the OLCC may also regulate packages trnd labels to ensure public safety and prevent appeal to minors. Q: Can I get a VUll while under the influence of rrrarijuana? A: Yes. Current lauds for [7UIl have not changers. Driving under the influence of intoxicants (DUli) refers to operating a motor vehicle while intoxicate(] or drugged, including; impairment from the use of marijuana, in addition, Measure 91 requires OLCC to examine, research and present a report to the Legislature on driving under the influence of marijuana. The 01-CC will do this in conjunction with the Department of Justice Criminal Investigation Division and Oregon State Police, Q: Can I lose my job for using marijuana? A: Passage of measure 91 does not change existing employrnpnt law in Oregon. Ct: Where will marijuana stores be located? A: IV]easure 91 doses not address siting requirements Location of commercial recreational marijuana businesses will be determined by legislative action, local action orthrough the OLCC rule-making process. To keep up to date, click here Q: Who collects the tax on recreational marijuana? A: Under the provisions of Measure 91, the OLCC is required to collect the tax on recreational marijuana at the grower level, Q: Haut is Washington state's recreational marijuana law different than Oregon's? A. See fire onll"trdshin ton Cotorado Comparison Licensing Q: What licenses will be available? A: The measure lists four types of recreational marijuana licenses: Producer, Processor, Wholesaler, and Retail. A producer is also known as the grower. A processor is a business that will transform the raw marijuana into another product or extract, Processors are also responsible for packaging and labeling of recreational marijuana, A wholesaler is a business that buys in bulk and sells to resellers rather than to consumers. A retailer is a bt15i¢leSS that sells directly to consumers. Q: When will the t)LCC begin accepting license applications? A: The measure requires OLCCto be-in accepting license applications for recreational marijuana by January 4, 2016. Q. How will OLCC decide to grant or deny license applications? A. Undetermined at this point, The OLCC is in the process of writing the rules necessary to implement Measure 91, The agency has appointed an advisory committee that will write the rules and send its recommendations to the Commission sometime this fall for approval. FAQs: Recreational Marijuana (05/2015) 123 Q. If I want to apply for a recreational marijuana license, what should I do now? A. Be patient. The CLCC won't be accept?ng applications until January 4, 2016, In the meantime, to keep up to date on process, click here Q: Now much are the licensing tees? A: Measure 91 establishes an annual license fee of 51,000 plus a non-refundable application fee of $2S O per license applications. Q: How many licenses can i have? A. A licensee may held multiple licenses and multiple license types. Q. Can an out-of-state resident hold an Oregon recreational marijuana license? A: (Measure 91 does not specifically address this question, i-lowever, the issue of residency rimy be addressed by either the Oregon Legislature or by the OLCC through the role-making prccess. Q: Who will be eligible for a marijuana license? A: anyone over 21 years of age and Oder will be eligible for a recreational marijuana license if they meet certain conditions outlined in section 29 of Measure 91. Ll-tder those conditions, the OLCC may refuse a license if it believes the applicant: Is in the habit of using alcoholic beverages, habit-farming drugs, marijuana, or controlled substances to excess. Has made false statements to the commission. • Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. • Has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantiafiy related to the fitness and ability of the applicant to lawfully carry out activities under the license. • Has maintained an insanitary establishment. • Is not of good repute and moral character. • Did not have a good record of compliance with sections 3 to 70 of this Act or any rule of the commission adopted pursuant th a reto, Is not the legitimate owner of the lousiness proposed to be licensed, or other persons have ownership interests in the business which have noc been disclosed. is not possessed of or has not demonstrated financial responsibility sufficient to adegkWtely meet the requirements of the business proposed to be licensed. • Is unable to understand the laws of Oregon relating to marijuana or the rules of the commission. Q: What if my city/county wants to go "dry?" A: Measure 91 states that local governr?rents ruay not prohibit licenses in their jurisdiction except with a vote at a general election. Measure 91 allows local governments to adopt reasonable time, place and manner restric(ions to regulate public nuisance. Q: What kinds of testing will OLCC require? A: Undetermined at this point. Under Measure 91, the OLC': has the authority to set testing requirements, but this is a policy question that will be determined during the rule-making process, Including legislative and public input. I-AQs: Recreational Marijuana (05/2015) 124 Retail Stores Q: When will marijuana stores be open? A: Undetermined at this point, but the most likely time is during the third quarter of 2016. Q: Will the OLCC distribute marijuana out of a central warehouse? A: No. Measure 91 clearly states that the OLCC "has no authority to purchase, own, sell or possess any marijuana items." The OLCC's primary responsibility is to collect taxes and to license and regulate producers, processors, wholesalers, and retailers. Q: Will there be a quota for how many retail outlets will be allowed? A: The measure does not specifically address the number of retail outlets allowed. Specifics for licensing retail outlets will be part of the rule-making process that is currently underway. Q: What will OLCC be doing to get ready for marijuana-related businesses? A: The OLCC has held listening sessions throughout the state to gain a better understanding of what Oregonians expect in the implementation of Measure 91. In addition to getting legislative approval of the marijuana budget for 2015-17 and preparing to hire staff for the program, the OLCC has also selected a vendor to build the online application process and finding a second vendor for the traceability (seed-to-sale) system to track recreational marijuana. The OLCC has appointed an advisory committee to help write the rules necessary to implement Measure 91 and several subgroups to address specific issues. The goal is have the rules adopted by October or November of this year, after which the agency will hold seminars around the state to familiarize people with the application process in advance of accepting applications on January 4, 2016. Taxes Q: How much are the taxes? A: Measure 91 provides for an excise tax that is paid by the producer (grower) of $35 per ounce for flowers, $10 per ounce for leaves, $5 per immature plant. Q: How much money will marijuana bring in taxes? A: In its 2015-17 requested budget for the marijuana program, the OLCC estimated revenue for the two- year period to $18.4 million. That revenue would come from application and licensing fees and the sale of recreational marijuana. Q: Where will the tax money go? A: Measure 91 provides distribution of revenue after costs to the following: • 40 percent to Common School Fund • 20 percent to Mental Health Alcoholism and Drug Services • 15 percent to State Police • 10 percent to Cities for enforcement of the measure • 10 percent to Counties for enforcement of the measure • 5 percent to Oregon Health Authority for alcohol and drug abuse prevention FAQs: Recreational Marijuana (05/2015) 125 April Lucas From: Diana Shiplet [shipletd@ashland. or.us] Sent: Wednesday, March 25, 2015 1:52 PM To: 'Carol Voisin', 'Dave Kanner'; 'Greg Lemhouse'; 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal'; stefani seffinger Cc: 'Bill Molnar'; 'April Lucas'; Khiller@nwlink.com Subject: FW: Let Us Know Submitted Council, I am forwarding this message to you, which was received via our website. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission is official business of the City of Ashland, and is subject to Oregon Public Records law for disclosure and retention. If you ha ve received this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann ashland.or.us] Sent: Wednesday, March 25, 2015 1:28 PM To: adrninistrationCa)ashland.or.us Subject: Let Us Know Submitted * * * FORM FIELD DATA*** email: Khillerknwlink.com Name: Karen Hiller Report a Problem: We are owners of 980 Ivy Lane and would like to say, in the strongest terms, that there must be very strict laws on where marijuana is allowed to be grown in Ashland. One cannot use this outdoor areas nor sell their home if marijuana is grown in the vicinity. I believe the 4 plants for personal use must be grown indoors and no outdoor growth should be allowed. Karen Hiller 425-891-6434 USER INFORMA'T'ION SubscriberID: -1 SubscriberUserName: SubscriberEmail: SessionlD: 361574038 RemoteAddress: 66.55.92.75 RemoteHost: 66.55.92.75 RemoteUser: t 126 April Lucas From: Diana Shiplet [shipletd@ashland.or.us] Sent: Tuesday, March 24, 2015 9:55 AM To: AdrienneSiPDX@gmail.com Cc: 'Bill Molnar'; 'April Lucas'; 'Ann Seltzer'; 'Carol Voisin'; 'Dave Kanner'; 'Greg Lemhouse'; 'John Stromberg'; 'Michael Morris'; 'Pam Marsh'; 'Rich Rosenthal'; stefani seffinger Subject: FW: Let Us Know Submitted Adrienne, Thank you for your comments. I am forwarding them to the city council, as well as our community development department. -Diana Diana Shiplet, Executive Assistant City of Ashland, Administration Department 20 East Main Street, Ashland, OR 97520 541-552-2100 or 541-488-6002, TTY 800-735-2900 This email transmission is official business of the City of Ashland, and is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me. Thank you. From: City of Ashland, Oregon [mailto:ann@ashland.mus] Sent: Tuesday, March 24, 2015 9:34 AM To: administration(cbashland.or.us Subject: Let Us Know Submitted * * * FORM FIELD DATA* * * email: AdrienneSiPDXCa)amail.com Name: Adrienne Simmons Report a Problem: I know this isn't the right place to provide this input, but I want to express my support for restrictions on growing marijuana outside. I wouldn't have had an opinion on this if I hadn't lived in a house that backed up to someone who had medical marijuana. When the plants were near time for harvest, the skunk smell was so unpleasant we couldn't sit outside on the patio (and that's when the weather is good,and you want to be able to sit outside). The terrible smell also makes it very difficult to sell a house if you have someone in close proximity to outdoor marijuana. If it didn't have a terrible smell I wouldn't care. But it does. 'We have ordinances about barking dogs, loud parties, and other nuisances. The smell is also a nuisance. Thanks for asking for public input. * * * USER INFORMATION SubscriberlD: -1 SubscriberUserName: SubscriberEmail: SessionID: 184616247 RemoteAddress: 66.241.73.187 RemoteI to st: 66.241.73.187 RemoteUser: 1 127 CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Annual Appointment to the Citizen Budget Committee FROM: Barbara Christensen, City Recorder, christeb o u SUMMARY Annual appointment of one position on the Citizen Budget Committee with 4-year term ending of December 31, 2019. BACKGROUND AND POLICY IMPLICATIONS: This vacancy occurred with the term ending on the Budget Committee of Shaun Moran. The deadline for submission of applications ended on November 13, 2015 and notice of this vacancy was published in the local newspaper and placed on the city website. Budget Committee member Shaun Moran whose term is ending has requested reappointment. No new applications were received. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I move to appoint/reappoint to the Citizen Budget Committee with term ending of December 31, 2019. ATTACHMENTS: None Page 1 of* I CITY OF ASHLAND Council Communication December 1, 2015, Business Meeting Annual Appointment of Citizen Audit Commission and Council Liaison FROM: Barbara Christensen, City Recorder, christeb a ashland.or.us SUMMARY Annual appointment of one position on the Citizen Audit Commission with 3-year term ending of December 3 1, 2018 and appointment of I -year term for Council Liaison. BACKGROUND AND POLICY IMPLICATIONS: This vacancy occurred with the term ending on the Citizen Audit Commission of Thomas Hepford and Audit Commission Liaison of Councilor Rich Rosenthal. The deadline for submission of applications ended on November 13, 2015 and notice of this vacancy was published in the local newspaper and placed on the city website. Citizen Audit Commission member Thomas Hepford whose term is ending has requested reappointment. No new applications were received. Council is also being asked to choose a Council liaison for the Citizen Audit Commission at this time with a term ending of December 31, 2016. These are one-year appointments. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: None SUGGESTED MOTION: I move to appoint/reappoint to the Citizen Audit Commission with term ending of December 31, 2018. I move to appoint as the Council liaison with a term ending of December 31, 2016. ATTACHMENTS: None Page I of I ~r,