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HomeMy WebLinkAbout2016-0920 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 September 20, 2016 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Executive Session of August 15, 2016 2. Study Session of September 6, 2016 3. Business Meeting of September 6, 2016 4. Executive Session of September 6, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by the Airport Commission 2. Presentation by ODOT Rail regarding the creation of quiet zones 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 2. Appointment of Michelle Linley to the Housing and Human Services Commission 3. Sole source procurement - National Research Center for the Citizen Survey 4. Confirmation of Mayoral appointment of Interim Finance Director 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 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 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 and first reading by title only of an ordinance titled, "An ordinance amending the City of Ashland Comprehensive Plan and zoning map designations for 150 North Pioneer Street from low-density multi-family residential (R-2) to commercial (C-1)" X. UNFINISHED BUSINESS None XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS None XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING Immediately following the Regular Meetinq: AGENDA FOR EXECUTIVE SESSION 1. Legal counsel, pursuant to ORS 190.660(2)(h) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Study Session September 6, 2016 Page 1 of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Tuesday, September 6, 2016 Council Chambers 1175 E. Main Street Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. Councilor Voisin, Morris, Lemhouse, and Marsh were present. Councilor Rosenthal arrived at 7:20 p.m. Councilor Seffinger was absent. Mayor Stromberg moved the Public Forum section of the Regular meeting before the Study Session. PUBLIC FORUM Ethan Elmore/288 Morton Street/Read a letter from his father who was unable to attend the meeting regarding the ruptured sewage system that flooded his ex-wife's home at 288 Morton Street. Caroline Shaffer/288 Morton Street/Continued the discussion regarding the sewage system that ruptured and flooded her home, the expenses they had incurred, and other ramifications. Mark Decker/998 Clear Creek Drive/Spoke regarding noise from trains temporarily running at night due to wild fire risk. The train horns disrupted the sleep of citizens living near train intersections. He urged the City to prohibit the trains from using their horns at low risk intersections and establish quiet zones. Frank Bertrand/1399 Evergreen Street/Also spoke against train horns at night and urged Council to investigate mitigating train horn noise. Maureen Wilson-Jarrard/1072 Clear Creek Drive/Further explained how train horns at 4:00 a.m. was jarring and urged Council to consider forming a quiet zone. Mayor Stromberg asked the City Attorney to contact someone with expertise regarding trains to come and speak to the community. 1. Discussion of modifications to Pioneer Hall winter shelter program Mayor Stromberg introduced the topic. Heidi Parker coordinated winter shelter nights and explained there were now four nights of shelter offered through the faith community and a collaborative effort with the City. The Presbyterian Church hosted Monday night shelter, Tuesday and Thursday shelter nights were provided through a partnership with the City, Temple Emek Shalom, and the Rogue Valley Unitarian Universalist Fellowship (RVUUF), and Wednesday nights at the Trinity Episcopal Church. Volunteers received training annually and this year included mental health and behavorial strategies. Currently there were over 140 volunteers. In addition to regular scheduled shelter nights, the City provided emergency shelter nights when temperatures dropped to 20 degrees or colder. All shelter hosts undergo background checks. Other volunteers present included John Wieczorek from RVUUF and Sharon Harris from Temple Emek Shalom who participated in the Tuesday and Thursday night shelter program, Karen Amarotico who coordinated the Presbyterian shelter on Mondays and Allan Miles from Trinity Episcopal Church who provided Wednesday shelter nights. Councilor Rosenthal arrived at 7:20 p.m. City Council Study Session September 6, 2016 Page 2 of 2 Organizers for the Pioneer Hall shelter nights wanted to increase the capacity restriction from 30 to 42, an occupant load permitted by the fire code. Shelters averaged 29 to 30 guests per night. Emergency shelter nights typically housed 40 to 50 guests. Due to increased numbers on colder nights, Ms. Parker suggested using The Grove. City Administrator Dave Kanner did not think increasing capacity at Pioneer Hall would affect space or the number of volunteers. Shelter guests suggested having shelter seven nights a week instead of four, and increasing the emergency shelter weather temperature. Mr. Kanner explained the request for rubber gloves, trash bags, and cleaning supplies was a minimal cost to the City. Parks and Recreation Director Michael Black added the Parks Department could stock Pioneer Hall with the items requested. Council was not comfortable eliminating the requirement to have one male and one female host for risk management issues. The City had to consider potential liability as well as an operational standards view regarding female guests uncomfortable staying at a shelter without a female volunteer. Volunteer staff responded it was not always possible to have one man and one woman volunteer. Mr. Kanner noted having one male and one female volunteer present as well as the host to guest ratio were recommendations made by CIS, the City's insurance company in 2012. From a risk management standpoint the City typically took a conservative view. Council directed staff to bring back a modification to the language that provided an exception to having one male and one female volunteer for Pioneer Hall shelter nights. Council and the volunteer staff discussed the need for covering the floor with plastic for potential dog accidents. Volunteer staff used a bleach solution and cleaned dog messes promptly when they occurred which was infrequent. Mr. Black commented the plastic also protected the floors from dog nails. The process could be reviewed and possibly use kennels instead. Volunteers explained messes occurred rarely and often guests had plastic or beds for their dogs. Guests did not want to sleep separate from their dogs so kennels would not work. Alternately, transporting kennels created a burden for volunteer staff. Mr. Black would make a decision after looking into the operation further. Volunteer staff had never encountered a dogfight in a shelter. If that happened, the guests would have to remove their dogs. Shelter guests sign a statement that they understand the shelter rules and sign a liability waiver. Mr. Black would look into having professional cleaning occur the mornings after shelter nights at Pioneer Hall providing volunteer staff assisted. Councilor Voisin suggested staff look into the possibility of increasing shelter nights one or two nights during the winter at Pioneer Hall. Mayor Stromberg added her request to the future discussion regarding emergency shelter nights. Meeting adjourned at 8:06 p.m. Respectfully submitted, Barbara Christensen City Recorder City Council Business Meeting September 6, 2016 Page 1 of 5 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 6, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 8:15 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Rosenthal, and Marsh were present. Councilor Seffinger was absent. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Forest Lands, Housing and Human Services, Tree, Historic, and Public Arts Commissions. APPROVAL OF MINUTES The minutes of the Study Session of August 15, 2016 and Business Meeting of August 16, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS City Administrator Dave Kanner announced September 15, 2016 at 1:00 p.m. in Council Chambers, Ashland would host the League of Oregon Cities (LOC) City Hall Day. The LOC's legislative priorities for the 2017 session included property tax reform, PERS reform, recreational immunity, and transportation funding. Mr. Kanner thought the community would be interested in discussing affordable housing and homeless services. PUBLIC FORUM - Held during the Study Session prior to this meeting. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Approval of a liquor license application for David Jesser dba The Culinarium at 270 E Main Street 3. Approval of a resolution titled, "A resolution revising the financial management policies and accounting methodologies and repealing Resolution No. 2016-024" 4. Change order exceeding 25% - North Mountain Culvert Repair project No. 85 Councilor Rosenthal pulled Consent Agenda item 44 for discussion. Jeff McFarland, the open space/outer parks supervisor for the Parks and Recreation Department provided background on the pedestrian bridge in North Mountain Park currently under repair. They received an additional two-week extension for the in-water work permit originally targeted for September 15, 2016. Parks Superintendent Bruce Dickens further explained closing the area was a risk management decision due to the steep drop- offs next to the trail. The Contract Change Order would cover the repair of damage to the culvert discovered after diverting water flow under the bridge. Repair work would create a 50-year fix. Councilor Rosenthal/Voisin m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS - None City Council Business Meeting September 6, 2016 Page 2 of 5 UNFINISHED BUSINESS 1. Continuation of Grandview Drive discussion Public Works Director Mike Faught explained staff contimied to recommend leaving the non-permitted guardrail in place, as recommended by the traffic engineer and supported by the engineering staff. They proposed constructing a shared road facility that extended just past the guardrail and included the following: • A 3' refuge on the guardrail site; • An 18' paved section; • A 3' refuge on the uphill side; • Reduced speed limit to 15 mph; • Installation of two speed indicator signs; • Make the Skycrest Drive and Grandview Drive intersection a 4-way stop; • Leave the non-permitted guardrail in place as recommended by both the traffic engineer and Construction Engineering Consultants, Inc. (CEC) If approved, the City would require the property owners to submit a right of way permit application that would include negotiations for the property owner's financial responsibility for the shared road project. The estimated cost was $127,200 and included a 30% contingency. City staff could construct everything except the 4-foot retaining walls in Phase 1. Survey work for Phase 2 was recently completed. Engineering work for Phase 2 was currently 3 to 6 months out. Another element of Phase 2 was re- profiling the 18-foot section of roadway. The increased costs were due to shifting the road towards the bank. Tom Bradley/612 Iowa Street/Wanted to see drawings before Council committed to the plans. City Administrator Dave Kanner responded the road improvement plan and the cross section drawings were in the Council Packet and available on the City website since September 1, 2016. Courtney Burkholder/124 Manzanita Street/She and her husband purchased the lot at 320 Grandview. The negative opinions from people opposing the guardrail in the local media disturbed her. The guardrail was necessary and she supported the shared road project. The public was vilifying the Ali's for trying to protect their family and doing something that benefited the neighborhood. She asked Council to represent those in support of the guardrail. Matt Burkholder/124 Manzanita Street/Spoke at the July Council meeting in support of the guardrail and the shared road project. City experts and engineers stated and restated the guardrail needed to remain for the safety of everyone that utilized Grandview Drive. A majority of citizens who attended a recent Grandview meeting supported the guardrail and the shared road plan. He questioned why Council had not voted to retain the guardrail and proceed with the shared road project, and wondered if those aggressively opposing the project had caused that delay. Katie Ali/340 Grandview Drive/Thanked City staff for their plan to make Grandview Drive a shared road. She urged Council to approve the shared road project. The need to improve Grandview Drive was now and not later. She wanted her children and her neighbor's children to travel the road safely. Shahrzad Sheibani/I II Sunnyview Street/Represented the East Village Homeowners Association. The road was dangerous and not safe. She took issue that the road was originally "grandfathered" and the City would not have actually installed a guardrail. She noted previous accidents, one that involved her, the dangers of driving at night, and in inclement weather. City Council Business Meeting September 6, 2016 Page 3 of 5 Mona McArdle/352 Grandview Drive/Supported the continued improvement of Grandview Drive, noted prior accidents on the property, and how some were not documented. The guardrail created a distinctive edge to the road. She supported the four way stop, reduction in speed and flashing signs. Carlos Reichenshammer/64 North Pioneer Street/Appreciated the testimony others provided and agreed with the necessity of a shared road and the guardrail. He expressed his gratitude to the Mayor, Council, and City staff for their time and efforts to analyze the different views. Mr. Faught explained the project to transition Grandview Drive to a shared road was not in the current Capital Improvement Plan (CIP). Staff was planning to recommend the project during the next CIP process. The project would involve the full length of the street. The Public Works Department would pay $130,000 for the first phase with savings from the slurry seal project. The remaining would come from other street funds. The only potential "payback" was the negotiations with the property owners in terms of their shared costs of the project regarding the permit application. Engineering Services Manager Scott Fleury clarified the Transportation Commission was updated, a public hearing was held, but the Commission had not reviewed the final plan. Mr. Faught further clarified the Transportation Commission had a prior concern regard ng the four way stop however, Kim Parducci, the traffic engineer from Southern Oregon Transportation reviewed the current status and recommended the four way stop based on the activity occurring now. Councilor Marsh/Morris m/s to approve the submitted plan for improving Grandview Drive to the shared road standards with final approved engineering drawings. DISCUSSION: Councilor Marsh explained it was Council's job to set aside the accusations, the recriminations, and determine how to make Grandview Drive as safe as reasonable, quickly, and in an economic manner. Councilor Morris agreed with Councilor Marsh and commented he had never seen a public hearing for an encroachment permit. This proposal was probably the best solution given the current standards and actions the City could take. Councilor Rosenthal would oppose the motion on the principle that project management by duress was not conducive for sound funding decisions. It seemed more reasonable to consider the project during the budget process as part of the Capital Improvement Plan. Using slurry seal funds made him question the budgeting process and allocation for that project. The guardrail had disproportionately influenced the consideration and "painted" Council into a corner. However, he did not fault the property owner or contractor. Councilor Voisin had difficulty that a subcontractor could change the priority on the list of shared roads. Installing a non-permitted guardrail should not drive the decision on which road became shared. She wanted a better inspection of the guardrail to determine its viability. She thought the project was ``piece meal" and should be done all at once and not in phases. Councilor Lemhouse observed the situation put people against each other due to a subcontractor not following the right procedures. This is not how the City should conduct business. It was a difficult issue with valid points on both sides. He had to consider what was the best path going forward and thought this alternative was better than the original proposal. Roll Call Vote: Councilor Morris, Lemhouse, and Marsh, YES; Councilor Voisin and Rosenthal, NO. Motion passed 3-2. NEW AND MISCELLANEOUS BUSINESS (None) ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of first and second reading by title only of an ordinance titled, "An ordinance requiring the City of Ashland to produce 10 percent of the electricity used in the city from new, local, and clean resource by the year 2020 and declared to take effect on its passage" City Administrator Dave Kanner explained the ordinance was a result of an initiative petition titled, City Council Business Meeting September 6, 2016 Page 4 of 5 "Shall Ashland produce 10% of electricity used in the City by year 2020 from new, local, and clean sources?" The petition gathered enough signatures to qualify for the ballot. It came before Council at which point there were three choices to take. One option was take no action and allow the initiative to go to the ballot in November. For the second option, Council could take no action on the initiative and submit an alternative ordinance to the ballot. However, time did not permit this option. The third option and the one Council chose adopted the ordinance instead of sending it to the ballot. Due to election deadlines, Council needed to adopt the ordinance on first and second reading with an emergency clause at this meeting and have it go into effect immediately. Under election law, Council had to adopt the ordinance as written and make no changes. Jeff Sharpe/553 Fordyce Street/Read from a document submitted into the record supporting the ordinance. Joseph Kauth/One Corral #3/Expressed concern this would result in a field of solar panels and impact local residents and wildlife. Another concern was solar reflection increasing the heat generated through the urban island effect. He preferred solar panels on buildings. James Stephens/640 Oak Street/Noted he had met with the Mayor to discuss possible ways to move Ashland into the sustainable energy economy. He supported electric powered transportation and vehicles and went on to describe how the ordinance would benefit Ashland. Louise Shawkat/870 Cambridge Street/Read from a document submitted into the record that supported the ordinance. Philip Westergaard/462 Williamson Way/Expressed his support for the proposed ordinance and noted other communities that were now capable of being independent from the grid. Allie Rosenbluth/730 Liberty Street/Represented Rogue Climate who supported Council adopting the ordinance. The ordinance needed to benefit the local community, build jobs in Ashland, and have the lowest environmental impact possible that did not raise utility rates for the most vulnerable citizens. Andrew Kubik/1251 Munson Drive/Of the 200 people he spoke to while gathering petition signatures, 75% to 80% supported the ordinance. Most were surprised the City produced only 2% of the electrical energy through clean, local sources. The majority thought the 10% by 2020 was conservative while some challenged the sense of urgency. Dave Helmich/468 Williamson Way/Read from a document he submitted into the record regarding discussion items for Council and the City to consider regarding the ordinance. Jesse Sharpe/107 Lincoln Street/Provided his credentials, supported the ordinance, and urged Council to make it effective at this meeting. This was a key point of transition in the country and world as a whole. Councilor LemhouseNoisin m/s to approve first reading of ordinance of an ordinance titled, "An ordinance requiring the City of Ashland to produce 10 percent of the electricity used in the city from new, local, and clean resource by the year 2020 and declared to take effect on its passage," move to second reading. DISCUSSION: Councilor Lemhouse looked forward to seeing what the Climate and Energy Action Plan ad hoc Committee would produce. Councilor Voisin added the ordinance was an innovative way of going into the future in terms of energy. Councilor Rosenthal thought it was an aggressive move and dovetailed with the current Climate Energy Action Plan. Council would provide more definition and specificity to the ordinance. He gladly supported the motion. Councilor Morris talked to Mr. Kanner about altering the language regarding energy security and City Council Business Meeting September 6, 2016 Page 5 of 5 greenhouse gases but would support the motion. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Rosenthal, and Morris, YES. Motion approved. Councilor Voisin/Marsh m/s to approve Ordinance #3134 with the emergency clause to adopt the ordinance effective immediately. DISCUSSION: Councilor Marsh noted climate change was actually an emergency and this was an acknowledgement. Mayor Stromberg thought the timing coincided with the Climate and Energy Action Plan ad hoc Committee's forthcoming recommendation. Roll Call Vote: Councilor Voisin, Lemhouse, Marsh, Rosenthal, and Morris, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS City Administrator Dave Kanner reviewed items on the Look Ahead. Mr. Kanner noted the upcoming National Citizen Survey and suggested one of the questions ask community and businesses their perception on the efforts made this year to address downtown behavior. Councilor Voisin wanted homeless citizens surveyed to determine the effect the ordinance had on them. Mr. Kanner thought the people targeted by the ordinances were lawbreakers and the vast majority of the homeless did not break the law. Staff might be able to quantify that by reviewing court records. Councilor Voisin did not agree and thought many of the citizens attending court were homeless and now displaced due to the ordinances. City Attorney Dave Lohman clarified court records would not designate who was homeless or identify people's financial capabilities. Councilor Marsh thought the survey infonnation, citation data generated from the new ordinances, and information from homeless advocates would help determine whether the changes worked. Councilor Voisin would contact homeless service agencies for data. City Recorder Barbara Christensen announced the annual Oregon Association of Municipal Recorders Conference would occur September 21 through the 23. Approximately 100 recorders from Oregon, Alaska and parts of California would attend. Councilor Voisin reported the Band Committee would present a "wish list" for repairs to the band shell in Lithia Park. She went on to note Ashland Daily Tidings reporter Julie Akins would start a Tour for Humanity to understand homelessness and travel the I-5 corridor from Seattle to Los Angeles hoping to interview 200 people. Councilor Lemhouse congratulated the School Board and the community for their efforts on the new playing field. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:07 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Minutes for the Climate and Energy Action Plan ad hoc Committee August 17, 2016 Page 1 of 4 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, August 17, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Councilor Rich Rosenthal called the meeting to order at 5:30 p.m. Committee members Rich Rosenthal, Marni Koopman, Louise Shawkat, Greg Jones, Stuart Green, James McGinnis, Roxanne Beigel-Coryell, Jim Hartman, Cindy Bernard, Isaac Bevers, Sarah Lasoff, Bryan Sohl and Claudia Alick were present. Staff member Adam Hanks was present. 2. Approval of Minutes Sohl/Jones m/s to approve the minutes of July 6, 2016, as presented. Voice Vote: All Ayes. Motion Passes. 3. Public Forum Ken Croker - shared thoughts from previous meeting and is concerned with how targets are being set and why, especially with the goal/target changing from one meeting to the next. Stated that he feels it is important for the targets to be based on science and feels that the committee's targets were based on fear of acceptance/approval by Council rather than by science. Morgan Lindsay stated her view that this is an urgent topic given the heat and air quality issues, which is toughest on the community's most vulnerable citizens. Reminded the committee that the Eugene target included an annual 7.8% reduction by 2050 and City operations carbon and fossil fuel neutral even earlier. She also supports the draft ordinance for goals/targets Hannah Sohl - Requested the committee to pass the goals/target ordinance as soon as possible, get the ordinance discussion out of the way to be able to work on the plan to achieve it. Robert Block-Brown - Appreciates the work of the committee and re-stated the urgency of moving the ordinance forward as quickly as possible then continuing to work on the plan. Suggested that the ordinance be made public for better understanding in the community of the criteria and the broad array of current GHG impacts/emissions in the community. Allie Rosenbleuth - Supports the work of the commission and supports moving the ordinance forward as soon as possible. Huelz Gutchen - Informed the committee that he thinks 7 megawatts of solar locally is possible, stated that the recent presentation from the City Electric Director shows that solar issues/programs should be in the Community Development Dept not in the Electric Dept and that the City needs solar trained employees. Minutes for the Climate and Energy Action Plan ad hoc Committee August 17, 2016 Page 2 of 4 4. Recap of Council Presentation Chair Rosenthal provided a short recap of the July 19 committee presentation to the Council, adding that he thought it was well received and suggested that anyone who was interested to go to the City website and see the presentation materials and watch the presentation video if they were interested in the details. Rosenthal also provided a brief update on the recent Council discussion/direction regarding the recent ballot measure that directs the City to approve an ordinance that requires the City to produce 10% of the community's electricity from local and clean sources by 2020. Rosenthal outlined the state ballot measure process and directed interested committee members to the August 16 Council meeting agenda and video for more information and informed them of the official Council vote for acceptance/approval of the ordinance on the September 6 Council meeting. 5. Discussion of Goals/Target Ordinance Koopman advocated to the committee that the goal and target should be science based. Rosenthal asked for a definition of science based and Koopman stated that a science based goal/target is one that meets the per capita carbon reduction required to restore the carbon intensity of the atmosphere back to 350 parts per million (or less). Koopman added that the goal ordinance that has been worked on by others in the community contains a science based target and was based on the Eugene ordinance, which also doesn't exclude consumption based emissions from the goal/target. Rosenthal referenced the staff memo in the meeting packet that identified two key questions for the committee relating to the goals/target ordinance issue. One question is whether to recommend that the goals/target ordinance be forwarded to staff with the intention of having the ordinance adopted by Council as soon as possible. The other option is to recommend that an action be developed in the plan to adopt the goals/targets via ordinance concurrent with the adoption of the plan. Beigel-Coryell noted that she was one of the committee members who was originally opposed to including consumption in the goal/target, but now feels like it should be re-evaluated and made a motion to recommend the adoption of the draft goals/target ordinance as soon as possible. Second made by Sohl. Sohl explained that he feels that approving the ordinance first keeps the committee honest in response to community requests, tells the youth of the community that we hear them and also noted that the Council make up could change between now and when the plan is presented. Sohl also noted that he felt that Eugene in retrospect would have done the ordinance earlier rather than later if they could do it over again. Koopman added that forwarding the ordinance for adoption now would assist the committee in being able to move forward and would help focus the committee. Minutes for the Climate and Energy Action Plan ad hoc Committee August 17, 2016 Page 3 of 4 McGinnis noted he was originally resistant to advocating for the ordinance before the plan was completed but now sees value in moving it forward, but still wonders if Council would be receptive given they would not have an understanding of the implications of the ordinance since the plan wouldn't be in front of them. He added that he feels there are adequate checks and balances in City and the ordinance puts a responsibility on the Council to communicate back to the public. Shawkat added that she likes it being a challenge and is concerned with the potential Council changes. Lasoff and Alick advocated her support of advancing the ordinance now. Bevers added that he feels the Council can't make action decisions without a goal in place. Bernard stated that she originally opposed the idea of the ordinance going before the plan, but now thinks the timing could work fine by moving it forward for staff to work on and prepare for Council consideration. Jones added that this is really just a timing question, not whether or not the committee supports an ordinance for the goals/target and is in support of moving it forward now. Rosenthal agreed with Jones. The committee voted on the motion and it passed unanimously. The committee asked about the next steps for the ordinance. Hanks responded by explaining that both he and the City Attorney would need to review the draft ordinance document. Hanks also suggested that the committee formally endorse the draft ordinance that has been circulating around but never formally submitted as the working ordinance template. Alick motioned that the draft that the committee had been sent from Rogue Climate should be accepted by the committee and used as the working ordinance template. McGinnis second. Jones clarified that the document would be the baseline not the finished document. The committee voted on the motion and passed it unanimously. 6. Focus Group activity on initial draft actions list Rosenthal turned this agenda item over to Jeff Golden, part of the Cascadia consultant project team. Golden stepped the committee through the planned activity and referenced the materials in the meeting packet. The committee then broke into their assigned focus area groups and worked on initial sorting and prioritizing of the initial strategies and actions, including adding additional actions. Minutes for the Climate and Energy Action Plan ad hoc Committee August 17, 2016 Page 4 of 4 7. Follow up for next meeting At the conclusion of the multi-step process, Golden requested that the small groups meet again outside of the regular committee meetings to continue with the exercise if they hadn't finished and to submit final notes to Hanks by August 31 so that the process could be continued at the September 7 committee meeting. Rosenthal offered to assist in coordinating and distributing the informal meeting times for the various groups in case others wanted to participate in more than one focus area discussion. 8. Adjournment Meeting adjourned at 7:35 p.m. Respectfully submitted, Adam Hanks Administration ASHLAND HISTORIC COMMISSION Meeting Minutes August 3, 2016 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER: Commission Chair, Shostrom called the meeting to order at 6:03 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Shostrom Carol Voisin Skibby Leonard Staff Present: Ladygo Mark Schexnayder; Staff Liaison Emery Regan Trapp; Secretary Swink Giordano Whitford Commissioners Absent: APPROVAL OF MINUTES: Giordano motioned to approve minutes from July 6, 2016. Swink seconded. No one opposed. Whitford abstained. • Shostrom stated that in the past, minutes were much more detailed. Molnar remarked that staff is trying to make minutes brief and capturing just the most important details, such as recommendations and motions. Molnar, went on to say that when actions are controversial, we do try to capture key comments related to the standards. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Voisin gave the Council Liaison report. Items discussed were: • Study session: o Council received the downtown parking proposal and there will be opportunities for public input soon. The ad-hoc committee for downtown parking will end soon and a new committee will be formed related to urban design. Cycling safety will be of the utmost concern. o There is a plan being reviewed to allow Martoli's to place tables and chairs in front of City Hall. They will put a rail up to separate the area from pedestrian traffic. o There will be an open house on September 151h at 7PM in the Community Room to review and discuss plans for City Hall. Public input is encouraged, • Council regular meeting: o Parks purchases: Parks purchased a dump truck and the Hitt Road property above Lithia Park. o Grandview guardrail was discussed. o Fair housing ordinance was passed. o Food & beverage tax will be going on the ballot for consideration. The public will be able to vote on how they want the money to be used. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2016-01385 SUBJECT PROPERTY: 50 East Main St. OWNER/APPLICANT: Ted DeLong/Oregon Shakespeare Festival DESCRIPTION: A request for Site Design Review approval for exterior changes to a contributing property in the Downtown Historic District. The proposal is to construct a 150 square foot addition to the existing deck located at the rear of the building located at 50 East Main Street. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1 E 091313; TAX LOT: 40000. There was no ex parte contact or conflict of interest indicated by the Commission. Schexnayder gave the staff report for PA-2016-01385. Shostrom opened the public hearing to the applicants. David Wilkerson of ORW Architecture, and Ted Delong, General Manager of Oregon Shakespeare Festival addressed the Commission regarding their application. Mr. Wilkerson stated that it's a fairly straightforward application and was first applied for to prevent water intrusion into Harvey's Place. Mr. Wilkerson went on to say, that since the first application, this has morphed into something a little bigger as they take into consideration size of the deck and the water intrusion issue, They will keep the existing deck, making only small repairs in certain places where the deck needs some reinforcements and new framing. He pointed out that the goal of the expansion is to match the existing deck built in the 1990's. Shostrom closed the public hearing and opened to the Commission for comments. Giordano motioned to approve PA-2016-01385 as presented. Whitford seconded. No one opposed. PLANNING ACTION 2016-00309 SUBJECT PROPERTY: 150 N, Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 39 1 E 09BA; TAX LOT 11800 & 11900 Skibby indicated that he spoke with the owner while he was taking pictures of the property and the owner gave him a tour of the house. He declared that it would not affect his decision making on this application. Mr. Molnar, Community Development Director, gave the staff report for PA-2016-00309. Mr. Molnar, discussed the background and process of this application and stated that zone changes do not come about often. He went on to say that the City's land use ordinance allows the City Council to initiate the zone change by a majority vote. Mr. Molnar said that the Mayor had requested the City Council take a look at this application. At that point, the City Council directed staff to process the application for the zone change. This is not applicant initiated, it has been initiated by the City Of Ashland and will still have to go through the full approval process. Mr. Molnar explained that the Historic Commission would make a recommendation tonight and then it would go to the Planning Commission for their recommendation, ultimately to be decided by the City Council. Mr. Molnar gave a history on the property and said that this isn't the first time this property has been up for re-zoning. He discussed that the basis for doing a zone change often comes down to one of two issues. One, that it needs to be re-zoned to conform to the City's comprehensive plan to accommodate residential growth or two, overtime certain circumstances change in an area that might warrant re-zoning. Mr. Molnar described the neighborhood around the properties in detail and went on to speak about the congestion of the area. He pointed out that one of the biggest implications of re-zoning this property is that Commercial zoning designation allows for residential use in conjunction with a commercial use, but it doesn't mandate that you have to have the residential use on the property. With commercial zoning, comes flexibility to choose what kind of use you want. Mr. Molnar directed attention to the fact that the neighbor to the north of this property owns an antique shop and they share a mutual access easement of the driveway. This neighbor has shown interest and may be agreeable to this application. Skibby wanted clarification if both, 150 and 162 N. Pioneer were the properties in question for the re-zoning. Mr. Molnar stated that, yes, both properties would be looked at for re-zoning since they are connected and that the Commission could visit the idea of re-zoning both addresses. Mr. Molnar explained that both properties were properly noticed and procedures were taken to notify everyone in the neighborhood. Mr. Molnar impressed upon the fact that if the properties were to be re-zoned that they would be held to a higher standard because they are commercial and historic contributing. If they made exterior changes that require a building permit they would go through a full Commercial Site Review. Emery asked about solar and Mr. Molnar stated that C-1 zones have to maintain a 16 foot height requirement. C-1-D zones are exempt from solar altogether. Shostrom asked if the point of this re-zoning was the de-valuation of the owner's property and Mr. Molnar emphasized that staff does not look at re-zoning a property due to de-valuation or to provide greater economic value. They have to look at it from a land - use perspective. They discussed examples of some properties in the past that had been up for re-zoning. Shostrom opened the public hearing for comments from the audience. Marilyn Stewart, property owner at 142 B Street, Ashland, OR addressed the commission regarding this planning action. Ms. Stewart's property abuts 162 N. Pioneer and stated that this potential zone change is a huge deal to her. She directed attention to the fact that a zone is there for a reason and if we go changing them, then where does that stop? The zone line is where it is for a reason and if the line moves then it will be abutting residences. Ms. Stewart doesn't see why the need for a zone change and thinks if approved, will open the door for more of these instances. Ms. Stewart remarked that problems with homeless in parking lot, noise with Gil's and Ruby's, and parking lot construction were all factors when the owner bought the property at 150 N. Pioneer, With this zone change, she feels the Railroad district is vulnerable to change, too quickly and feels the livability of the street scape will suffer. Shostrom closed the public hearing and opened to the Commission for comments. There was much discussion by the Commission in regards to what would happen long term on this property if it does go through a zone change and the repercussions felt on the neighborhood. Leonard brought up an option of building a substantial fence which would help mitigate outlying problems. Giordano motioned to deny PA-2016-00309 as proposed. Whitford seconded. No one opposed, Giordano requested that Voisin report back to the Commission the City Council's decision on this application. By a unanimous vote, the Historic Commission recommended that the City Council not change the zoning designation for the property, The Commission noted the following concerns as the basis for their recommendation: • The request represents a step toward a gradual encroachment of the "commercial" zoning district into the Historic Railroad District; • This gradual encroachment will negatively impact the livability of the historic residential district to the north, as well as the residential properties in the immediate vicinity; • The change from Multi-Family Residential to Commercial zoning will increase the value of the property (150 N. Pioneer), which will result in putting pressure to redevelop the property; • Redevelopment of the property will likely result in changes to the existing historic, "contributing" residential building, and/or may lead to a future proposal to remove or demolish the structure; and • Concerns over impacts related to 150 N. Pioneer's croximity to the city public parking lot could best be addressed through mitigation, such as better fencing and landscaping, rather than a change in zoning. A change in the zoning designation will not resolve the impacts noted by the property owner. NEW ITEMS: • Review board schedule • Project assignments for planning actions OLD BUSINESS: Whitford asked about the status of 135 Nutley and Mr, Molnar stated that they had to center a window and fix the stairs to the property. He went on to say that the owner added a belly band and a flower box and the project looks to be moving forward and progressing. Swink stated that the owner had said (in a review board meeting) that he was going to remove the footings under the stairs to narrow and change the orientation (of the stairs) and has not done that as of yet. Schexnayder stated that the actions of the owner at 135 Nutley were egregious and in the future will keep a better watch out for actions like this. Swink suggested a listing of recommendations be given to commissioners when they review building plans. Schexnayder stated that it's unknown why the owner at 135 Nutley did not have come back to submit a modification with the Historic Commission. Schexnayder suggested having the Commission obtain the files at Review board so they can see the entire history as well as recommendations and findings for the action. Shostrom impressed upon the fact that sometimes the recommendations aren't accurate and that they should have the chance to review them before they go to the Planning Commission. Shostrom suggested that Schexnayder email the recommendations to the entire Commission after he writes them, so that they can do any edits if necessary. Shostrom said that the recommendations that are given to the applicant should be clearly written on the plans and plans should be to scale. Schexnayder commented that he compares the Commission's recommendation with what is submitted on the revised plans. Schexnayder stated that he will speak with Mr. Molnar about these suggestions. Shostrom would like to look at the entire review process of the Commission to see if there could be a way to catch these things before they get too far in the process. DISCUSSION ITEMS: There were no items to discuss. COMMISSION ITEMS NOT ON AGENDA: Voisin discussed the way minutes are taken with Shostrom. Voisin stated the she heard Shostrom say that "minutes were too brief'. Shostrom remarked that yes, in the past they were much more detailed. Voisin stated that minutes are a record and are very important. Skibby agreed that yes, they are important and sometimes things get misconstrued if not enough detail is given. Schexnayder responded that staff's direction has been for "action minutes" with more emphasis on motions and recommendation without all the discussion unless controversial. Review Board Schedule August 11th Terry, Bill August 18th Terry, Tom, Andrew August 2511 Terry, Taylor, Sam September 1 st Terry, Taylor, Dale September 8th Terry, k;eith, Bill Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-02206 485 A Street Ladygo PA-2015-00178 156 Van Ness Ave Shostrom PA -2015-00374 160 Lithia Way Emery PA-2015-00878 35 S. Pioneer Ladygo PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C Ladygo PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00073 151 Pioneer Swink PA-2016-00275 574 Allison Emery PA-2016-00387 95 N. Main Shostrom PA-2016-00763 5 N. Main Swink PA-2016-00209 25 N, Main Ladygo PA-2016-00818 175 Pioneer Shostrom & Skibby PA-2016-00847 252 B Street Whitford PA-2016-00587 872 Siskiyou Blvd Skibby PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-01385 50 E. Main Giordano ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled September 7, 2016 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:50 pm Respectfully submitted by Regan Trapp CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 9, 2016 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 Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUCEMENTS Community Development Director Bill Molnar announced a housing forum sponsored by the Ashland Housing & Human Services Commission and the Interfaith Community will take place August 10 at 6 p.m. He also noted the space needs study being conducted by the city to evaluate potential opportunities to reconstruct or relocate city hall. He stated an open house will be scheduled for September and the findings will be presented to the city council in October. Commissioner Mindlin announced she will be absent from the September 13 regular meeting. CONSENT AGENDA A. Approval of Minutes. 1. July 12, 2016 Regular Meeting. Commissioners Brown/Thompson m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 6-0. Commissioner Mindlin abstained. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Adoption of Findings for PA-2016-01029, 1365 Tolman Creek Rd. No ex parte contact was reported. Commissioners Miller/Pearce m/s to approve the Findings for PA-2016-01029. Voice Vote: all AYES. Motion passed 6-0. Commissioner Mindlin abstained. Ashland Planning Commission August 9, 2016 Page 1 of 4 TYPE III PUBLIC HEARINGS A. PLANNING ACTION PA-2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C- 1.COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 39 1E 09BA; TAX LOT: 11800. Staff Report Community Development Director Bill Molnar provided some background information on the request. He explained in 1988 the city adopted a downtown plan that identified options for additional parking supply. The Pioneer/Lithia property was one of the options and the city acquired it and began construction on the parking lot in 1989. The neighboring property owner, Stan Potocki, has been in discussion with the city since that time and has been documenting the impacts of the parking lot. Mr. Potocki presented his data to the mayor and city council and they directed staff to initiate an evaluation of the zone change and prepare the Type III land use application. Mr. Molnar stated the commission is directed to forward a recommendation and the city council will make the final decision. He noted the Historic Commission has already reviewed the request and recommended denial of the zone change. Mr. Molnar explained the main difference between the C-1 and R-2 zones are the uses that are permitted outright, which includes office, retail, restaurants, and hotels. This property is also on the edge of Ashland's Downtown Historic District and the Railroad Historic District. Mr. Molnar stated the question of adequate supply does not apply in this case as the city is meeting its 20 year requirement for both employment and residential lands; the main question is whether the zone change is necessary to meet the changes that have happened to the area. Mr. Molnar stated the city parking lot will ultimately connect to the parking for the Plaza West buildings and noted all of the other city parking lots are either adjacent to commercial property or separated from residential properties by a right of way. He commented that there has been a lot of development in the area and the most recent traffic generation counts show a 50% increase from 1992. Mr. Molnar explained the current use of Mr. Potoki's property is office use on the ground floor with an apartment above and a separate residence at the back of the lot. He suggested the commission consider the adjacent property in their deliberations since the two lots share a driveway. He explained the R-2 zone does allows for a 100% commercial use with a conditional use permit (CUP), however this has never been approved in the past. He stated a commercial zoning designation would provide some flexibility from having a residential use on the property. Associate Planner Derek Severson displayed several slides of the site and surrounding area. He pointed out the Lithia/Pioneer parking lot has 64 spaces however when the Plaza West development is built out it will add an additional 89 spaces bringing the total to 153. He also displayed images of the shared driveway that straddles the property line and stated the commission may want to consider whether any change in zoning should expand to the property at 162 Pioneer as well. Questions of Staff Staff was asked why the Historic Commission was unsupportive. Mr. Molnar explained the commission was concerned about the impacts described by Mr. Potoki but did not see how changing the zone would alleviate those problems. They felt the city should be doing a better job to mitigate the impacts and were concerned a commercial zoning designation would intensify the use and result in potential changes to the historic structure. Ashland Planning Commission August 9, 2016 Page 2 of 4 Commissioner Pearce commented that changing the zone would require a comprehensive plan amendment and questioned how the city would address the applicable statewide planning goals, specifically Goal 2, and justify that there is a public need for this change. Commissioner Thompson stated there are a lot of similar areas in town where two zones butt up next to each other and asked if the parking lot was the compelling feature in this case. She voiced concern with the impacts described by the property owner but stated those impacts will continue even with a rezone. Mr. Molnar commented that when Mr. Potoki purchased the property he expected some type of commercial development, but did not anticipate one of the city's largest parking lots being placed there. He has asserted that a residential use is undesirable at this location. Mr. Molnar commented on resident concerns of changing neighborhood character by removing residential uses through the CUP process and stated as part of the city's discretionary review on neighborhood impacts and evaluating the target use of the zone, they have not approved a 100% commercial use in the R-2 zone. He added there were a few that tried, but they were all denied and the city has only approved commercial uses in the R-2 zone in conjunction with a residential use. Public Testimony Joseph Lusa/135 B Street/Voiced support for the Historic Commission's recommendation. Mr. Lusa stated changing the zone will exacerbate the existing parking, noise, and traffic problems and requested the city not change the zone. Dorothy Brooks/136 B Street/Stated the historic character of the neighborhood is important and voiced concern with commercial creep changing the character of the historic area. Ms. Brooks cited a petition they circulated and received 40 signatures opposing the change. She stated Ruby's and Gil's have radically increased the traffic and noise in the area and urged them to vote no on this zone change. Stan Potoki/150 N Pioneer/Stated he has operated a business at this location since 1989 and stated the two prior planning directors informed him that his property would be rezoned but moved on to other positions before following through. Mr. Potoki stated no one in their right mind would want to live on this property. He stated Pioneer Street is a commercial corridor and there is drug and alcohol use in the parking lot, as well as profanity and public urination. He stated people sleep in the lot and there are barking dogs, car alarms, and loud music being played. Additionally, the driveway is continually blocked due to the restaurant across the street and it is not safe to park or pull out. Mr. Potoki stated you do not want kids or families living here and it would be a better use of the property if it were not residential. Joe Collouge/111 B Street/Stated he does not understand how changing the zone on a map will have an impact on what's happening in the area. Mr. Collouge stated he is concerned a zone change will increase the number of vehicles parked on B and Pioneer Streets and questioned the property owner's motivation for this request. Jerry Brooks/136 N Street/Cited a petition they circulated and stated none of the people they approached were in favor of the rezone. Mr. Brooks stated rezoning the property is not a solution to the problem and voiced concern with chipping away at the character of the neighborhood. He stated he does not want a commercial use behind his house and stated this is not the only place in the city that is impacted by the types of people coming here. Marilyn Stewart/142 B Street/Voiced her support for the Historic Commission's recommendation and stated the zone should not be changed. Ms. Stewart stated zone changes should be based on need and there is no basis for this change. She stated there is enough commercially zoned property to meet Ashland's needs and the change would take away from the neighborhood feel. Ms. Stewart stated changing the zone could be devastating to their property values and she would not have purchased her house if she knew this was a possibility. She stated the homeless go to commercial properties at night because no one is there and making this change would just move those people further into the neighborhood, Ashland Planning Commission August 9, 2016 Page 3 of 4 Questions of Staff Commissioner Thompson asked staff if the unusual circumstances of this site would be justification for a conditional use permit that allows an exclusive commercial use on this property. Mr. Molnar responded that he believes there are grounds for this and Thompson commented that this would be a remedy that does not require amending the comprehensive plan. Deliberations and Decision Commissioner Norton commented on the driveway easement and stated if the property is zoned commercial they might have to modify the house in order to install a wide enough driveway. Commissioner Miller sympathized with Mr. Potoki but stated a zone change will not address the issues. She voiced support for the residential character of the neighborhood and stated commercial encroachment into the historic district is a concern. Commissioner Pearce agreed with Norton and Miller. He stated under the land use goals you need to have a public need to justify a zone change, He added if this property is rezoned to commercial at some point there will be pressure to redevelop the lot and intensify the use. Commissioner Thompson stated she can see how the impacts might be more tolerable to a commercially zoned property, but has a problem with the public need versus private need. She stated changing the comprehensive plan on a property by property basis is not something she is comfortable with and stated there is a workable solution through the CUP process. Mindlin agreed with the other commissioners and stated she is not seeing the public need in this situation. She stated it is very unfortunate that Mr. Potoki is having to deal with this situation but it has nothing to do with the zoning. She added there is a good background established for a 100% commercial use approved through the CUP process. Commissioner Brown agreed and stated there are other options to get this done. He stated the problems won't be solved by a zone change and this would just kick the can down the road, He stated the city has been a terrible property manager and recommended the city step up its efforts to address the problems occurring at this location. Commissioners Dawkins/Brown m/s to recommend denial of PA-2016-00309. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin, YES. Motion passed 7-0. ADJOURNMENT Meeting adjourned at 8:45 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission August 9, 2016 Page 4 of 4 CITY OF -AS H LAN D ASHLAND PLANNING COMMISSION STUDY SESSION MINUTES AUGUST 23, 2016 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m, in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J, Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, arrived at 7:15 p.m. ANNOUNCEMENTS Community Development Director Bill Molnar announced the upcoming Southern Oregon Planners Network conference and asked commissioners to notify staff if they would like to attend any of the sessions. He also announced Volunteer Appreciation Day at Oak Knoll Golf Course scheduled for Sunday, August 28. Commissioner Mindlin noted she would be absent for the September 13 meeting and Vice Chair Pearce will be chairing. PUBLIC FORUM Huelz Gutcheon/2253 Highway 99/Comment on climate warming, zero net energy, and recommended solar panels be overseen by the Community Development Department. DISCUSSION ITEMS A. Cottage Housing Ordinance. Community Development Director Bill Molnar provided the introduction. He stated the severity of Ashland's housing issues is quite extreme and construction costs continue to increase. He explained the city is continuing to look at opportunities to create incentives for different types of housing and staff has researched a number of different cottage housing ordinances from other municipalities. Mr. Molnar stated the ordinances have a lot in common but the primary issue each community must decide is what works best for maintaining the character of their existing single family neighborhoods. Senior Planner Brandon Goldman provided a presentation on cottage housing that addressed housing development trends, land availability, potential cottage housing standards, and examples from Oregon and Washington. He recommended the commission consider how many cottage housing units per development would be appropriate, and stated the draft ordinance lists a minimum of 4 and a maximum of 16. The other draft standards include: 1) a requirement for 75% of cottages to be less than 800 sq.ft. 2) a maximum height of 18 ft. and a 1.5 story limitation, 3) setbacks and lot coverage that match the standards of the existing underlying residential zone, 4) private yards for each unit of at least 200 ft, and 5) 20% of the total lot area to be a usable central open space. Ashland Plannio7 Commission August 23 201 o- Page I of 3 The commissioners shared the following comments regarding the draft proposal: • Comment was made that under unit garages may work well. • Commission received clarification that a lot would need to be 1.75 acres in size to accommodate 16 units under the draft ordinance. If the lot was annexed and received density bonuses, 16 units could be accommodated on 1.25 acres. • Comment was made that the intimacy of these types of developments might be lost if too many units are allowed. • Staff clarified the draft language allows a higher number of units, but the size of the units would have to be smaller. • Support was voiced for using a Floor Area Ratio (FAR) that allows flexibility on the bottom end and encourages more flexibility for smaller units. • Comment was made suggesting a minimum of 800 sq.ft. and a maximum of 1,000 sq.ft, • Statement was made that the minimum and maximum ratios for R-1-7.5 and R-1-5 should be the same, and for staff to reach out to developers to get an idea of what the ratio needs to be in order for these to be feasible. • Staff commented that some communities have made these a Type I action and eased the land use approval process to encourage this type of development. • Comment was made that one of the main policy concerns is the expectation people have living or purchasing property in a single family zone and recommending these developments not have too much impact on the character of the environment, • Staff clarified there is not much remaining inventory in R-2 and R-3 multi-family zones and the land use ordinance already allows for these types of developments in those areas. • Comment was made that under this proposal the density would not increase dramatically and it was noted you can already build a main house and an accessory dwelling unit on single family lots. • Opinion was given that these types of developments should be a Type II action, at least at first, and then perhaps change to a Type I after a few years. • Comment was made that the ordinance should set a maximum size limit. • Opposition was voiced to a 800 sq.ft. minimum and comment was made that there are plenty of people who would like a 500 or 600 sq.ft. home and the city should make this possible. • Comment was made that there is substantial inventory available for people who want larger homes, but they do not presently have an option for people who desire smaller homes. Council Liaison Greg Lemhouse addressed the commission and explained the city council has been interested in different housing types for a long time. He recommended the commission provide the council with a solid starting point, along with their reasoning, and stated it is easier to take something out than add on to it later. Gil Livni/Commented that 500-600 sq.ft. is sufficient for a very nice one-bedroom unit, and 800 sq.ft. could accommodate a two-bedroom unit. He voiced his support for developing cottage housing standards and stated R-2 properties are expensive and you could not build and sell these types of units in that zone. Mr. Livni stated 16 units in a neighborhood might be shocking to some and suggested smaller units in smaller amounts. He stated people are very creative here and a cottage housing ordinance could allow people to develop properties that you can't do anything with right now. He added the prices in Ashland are continuing to rise due to the desirability of the area and the increasing cost of labor. Final Comments Commissioner Norton recommended the commission conduct site visits to gain a better perspective of the draft ordinance requirements, Commissioner Mindlin voiced her interested in a FAR approach and requested some examples of what this might look like. Commissioner Thompson agreed, and stated she would like to see the pros and cons of this approach. Commissioner Mindlin recommended they revisit the 20% open space requirement and questioned if this is the right number. She added the open space should not be too small, but this requirement needs to be viable. Commissioner Brown commented that this will not solve Ashland's housing problems, but it is another type of housing that should be added to the community as another choice. ,gshlan,j Plann,ling Commissrot~ Auoost 2 S 2016 Page 2 of 3 OTHER BUSINESS Councilor Lemhouse updated the commission on council's recent activities. He stated second reading of the CPAC amendment was passed, and the council also passed second reading of an ordinance to shift food and beverage tax money to repave roads and maintain open space, ADJOURNMENT Meeting adjourned at 8:40 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planrina Commission .4ogust 23. 2090 Page 3 of 3 CITY OF ^AS H LA N D Council Communication September 20, 2016, Business Meeting Appointment to Housing & Human Services Commission FROM: Barbara Christensen, City Recorder, christebAAashland.or.us SUMMARY Confirm Mayor's appointment of Michelle Linley to the Housing & Human Services Commission with a term to expire April 30, 2019. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Housing & Human Services Commission. COUNCIL GOALS SUPPORTED: Ashland Municipal Code (AMC) Chapter 2.13 FISCAL IMPLICATIONS: n/a STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Michelle Linley to the Housing & Human Services Commission with a term to expire April 30, 2019. SUGGESTED MOTION: Motion to approve Michelle Linley to the Housing & Human Services Commission with a term to expire April 30, 2019. ATTACHMENTS: Application Page 1 of 1 ~r CITY OF ASHLAND APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email ch isteboashland.orms. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name H l Requesting to serve on: q!0%j!S j'fl Q u OaU fu iCe3 (Commission/Committee) Addresses (p U( p1 p~- ~~j Occupation Rf-'S I & 'f C n Ck Phone: Home 415- 41'1 M'z;% Work,~j~ 1- 4`'t ' DSty . Email r AD Md 63 5MO . CV{~ Fax j 1. Education Background What schools have you attended? Zua CL I kaae-rb, a AA U What degrees do you hold? N iA What additional training or education have you had that would apply to this position? ~eArS ► r1 ~~sY ~ul~~~' I Q 5 ~Y1 a aid t~anao,~c~n~,r~.t. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? O~ -:Le wafV..e-A 4- ~t1aW1Qd c { anA Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Tj E' S I rA p 0,( * Ll. c AT *jC1_VA kht flew rrr 3. Interests Why are you applying for this position? Vviosl C I Man ti 2~C3.~1 e od 4. Availability Are you available to attend special meetings, in addition to the reeularly scheduled meetings? Do you prefer day or evening meetings? lam Ck\iQl i abk c 5. Additional Information How long have you lived in this community? ~ &G&p Please use the space below to summarize any additional qualifications you have for this position ~D ~Q lla MAI, L Date Signature MI&I June 28, 2016 1 chose to live here long term because of the diverse culture and esthetic of this town. I was previously a resident manager for Columbia Care Services overseeing a transitional apartment community for the mentally ill. Working in unison with case managers and the county office to ensure guidelines and regulations were met. Currently, in my job capacity at the housing authority of Jackson County. I ensure compliance to a federal and state funded apartment community in Ashland. 1 believe 1 bring a possible fresh set of eyes to a committee. I have lived in the south, Midwest and of course the west coast. Diverse towns such as Indianapolis, Chicago and Los Angeles. With that being said no matter where you live all basic necessities need to be made available and consistent and this is something I want to be a part of 1 hope you will consider me. Sincerely, Michelle Lin{ey CITY OF ASHLAND Council Communication September 20, 2016, Business Meeting Sole Source Procurement - National Research Center, Citizen Survey FROM: Ann Seltzer, management analyst, seltzera@ashland.or.us SUMMARY This sole source procurement allows the City to directly award a contract to the National Research Center to conduct the 2016 citizen survey. The City conducts this survey biennially to gauge citizen satisfaction with City services and quality of life. Survey results will be reported to the Council this winter. BACKGROUND AND POLICY IMPLICATIONS: The City conducts a bi-annual citizen survey using the National Citizen Survey developed by the National Research Center, Inc. and ICMA (International City/County Managers Association). The survey provides a statistically valid reading on how Ashland citizens feel about their community and the services provided by local government. The National Research Center has a database of survey results from more than 500 jurisdictions throughout the country. This is the only citizen survey administered with a database of that size. Using the National Citizen Survey means the Ashland results can be compared to previous survey results and benchmarked against cities of similar size around the county. The 2016 survey will be the fourth time using the National Citizen Survey. Internal Approval Internal policy requires the City Administrator to review determinations and written findings of sole source procurements and to approve the sole source procurement request prior to seeking Council approval. The City Administrator has reviewed and approved this sole source procurement request. COUNCIL GOALS SUPPORTED: Promote effective citizen communication and engagement. FISCAL IMPLICATIONS: The cost is $17,370 and is in the current budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the sole source procurement for the National Research Center to conduct the citizen survey. Page 1 of 2 ~r CITY OF ASHLAND SUGGESTED MOTION: I move to approve a sole source procurement and award a contract to the National Research Center to conduct the citizen survey. ATTACHMENTS: 1. Sole Source forms 44 and 97 approved 2. Personal Services Contract Page 2 of 2 CITY OF ^ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, public contracting officer From: Ann Seltzer, management analyst Date: September 1, 2016 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Backl4round The National Citizen Survey was developed by the National Research Center, Inc. and ICMA (International City/County Managers Association) to provide a statistically valid survey of resident opinions about their community and the services provided by local goverrurrent. The National Research Center has a database of survey results from more than 500 jurisdictions throughout the country. This is the only survey administered with a database of that size and therefore the results can be compared to other jurisdictions. The City conducts a citizen survey every other year using the National Citizen Survey. Using the National Citizen Survey means that the data collected for Ashland can be compared to previous survey results and benchmarked against cities of similar size around the county. The 2016 survey will be the fourth survey. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland does not maintain a database of survey results of other jurisdictions. This survey cannot be performed by existing personnel or resources. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 9/6/2016 FORM #7 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS PERSONAL SERVICES Less than $75,000 To: Dave Kanner, city administrator From: Ann Seltzer, management analyst Date: September 1, 2016 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $14,825 Project name: Citizen Survey Description of project: The National Citizen Survey was developed by the National Research Center, Inc. and ICMA (International City/County Managers Association) to provide a statistically valid survey of resident opinions about their community and the services provided by local government. The National Research Center has a database of survey results from more than 500 jurisdictions throughout the country. This is the only survey administered with a database of that size and therefore the results can be compared to other jurisdictions. Background: The City conducts a citizen survey every other year using the National Citizen Survey. Using the National Citizen Survey means that the data collected for Ashland can be compared to previous survey results and benchmarked against cities of similar size around the county. The 2016 survey will be the fourth survey. Findings: Market Research Overall finding: As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be Form #7 - Sole Source -Personal Services - Less than $75,000, Page 1 of 2, 9/6/2016 compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Un accordance with ORS 279E 075, these are the examples of findings that should be addressed. Select at least one of the flndinps and prepare the determination as it specifically relates to the rood or service being-procured More than one finding; can be addressed. The-findings are as ollows. Pursuant to ORS 27913.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Pursuant to ORS 27913.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project N/A Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. As stated above, the National Citizen Survey is the only survey administered with a database of more than 500 jurisdictions throughout the country and therefore Ashland results can be compared to other jurisdictions as well as to our previous three surveys using the National Citizen Survey. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 2 of 2, 9/6/2016 Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: National Research Center -AS H LAND CONTACT: Annika Erikson-Pearson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2955 Valmont Road, Suite 300 Boulder, Colorado Telephone: 541/488-6002 80301 Fax: 541/488-5311 TELEPHONE- 303-226-6984 DATE AGREEMENT PREPARED: EMAIL: annika@n-r-c.com BEGINNING DATE: September 20, 2016 COMPLETION DATE: January 31, 2016 COMPENSATION: $17,370 (includes base survey, benchmark comparisons to university communities with populations from 10,000 to 40,000, demographic subgroup comparisons, open ended question) SERVICES TO BE PROVIDED: Citizen Survey ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City cf Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said prima City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of C ity. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,283.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for an losses, expenses, claims, subro ations, Contract for Personal Services less than $35,000.00, Page 1 of 5 actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $250,000, for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than $200,000, for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $100,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services less than $35,000.00, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashland By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services less than $35,000.00, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 CITY OF ASHLAND9 OREGON EXHIBIT B City of Ashland LIVING WAGE • • • :Ti • per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) rim • - - . - portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -AS H LA N D Contract for Personal Services less than $35,000.00, Page 5 of 5 The National Citizen SurveyTm Quote for Ashland, OR 2016 BASIC SERVICE PLUS SELECTED ADD-ON OPTIONS The National Citizen SurveyTM (The NCS) is the premier- citizen survey service from ICMA and National Research Center, Inc. (NRC). It is turned to by more jurisdictions than any other service. The NCSTM basic service includes all aspects of conducting the survey; all printing and mailing costs, geocoding the sample to ensure that all addresses are within the city limits of Ashland, ongoing consultation with staff about the survey process, sample selection, preparation and mailing of a five-page survey to 1,500 households (with a confidence interval of 95% and an approximate margin of error of plus or minus 5%), data entry and analysis, community livability report, dashboard report, trends report and full technical appendices and the submission of an electronic dataset with final reports. NRC uses all best practice methods in survey research, including over sampling multi-family units to decrease non-response bias, using a multi-contact method to improve response rates, and statistical weighting of the survey data. All 2016 pricing listed below includes a 10% repeat client discount. Basic Service Cost The NCSTm Basic Service Instrument daz,elopment; assistance tance u4th crafting custom questions, three part mailing of 1,500 pieces each (pre-notf ation postcard, and two wares of the survey with comer letters and postage paid return envelopes), all suroey recipients 7vill have the option to complete the survey online if they prefer, additional community-wide opt-in Web survey, data entry and analysis of returned surveys; draft report for reviezvf nal report that includes national benchmark comparisons, executive summary and detailed methods; electronic copies of the report and final dataset submitted electronicaly; technical assistance in understanding surrey results via phone and email wi,h key staffor The NCS $13,860 Custom benchmark comparisons Ratings and results compared to university communities with populations frotn 10, 000 to -10, 000 $945 Demographic subgroup comparison report Ratings and results compared by etnploytnent statics, length of residency, annual, household income, age and sex $810 One open-ended question Inclusion of one open-ended question added to the survey and s~,cbseguent data analysis $1,755 Total Cost to Ashland $17,370 Including the Basic Service and the options described above **Total Cost to Ashland in 201 4.• ,$14, 825 The National Citizen Surveylm @ 2016 National Research Center, Inc. 2955 Valmont Road, Suite 300 Boulder, CO 80301 303-444-7863 ncs@n-r-c.com www.n-r-c.com 1) AC R" CERTIFICATE OF LIABILITY I DATE1016 I,~,, 1 lSURANCE Q910ro7~2Q1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy„ certain policies may require an endorsement. A statement can this certificate does not confer ri hts to the certificate holder in lieu of such endorsement s). PRODUCER NAME:: CONTACT DEBBI E WORTHINGTON JEFF OGBURN, STATE FARM INSURANCE PHONE 303-530-0404 mac, No) 720-528-7934 2701 IRIS AVE STE N E-MAIL ADDRESS: BOULDER, CO 60304 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A INSURED INSURER S: _ NATIONAL RESEARCH CENTER INC. INSURER e 2955 VALMONT RD STE 300 INSURER G : BOULDER, CO 80301-1360 INSURER E : - INSURER F,, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 4PAID CLAIMS. INSR TYPE OF INSURANCE A tTR . INSQ DDL SUER POLICY NUMBER MMt DY/YYYY ! ,POUCY P LIMITS ~ F COMMERCIAL GENERAL LIABILITY EACH CtCCIfRrENCE $,QQQ,ada CLAI!AS PhACE OCCUR j DAMAGE TO RENTE11: - ~QQJQQO I PREMISES (Ea ocmxrencet $ MED EXP (Anyone Derson) $ 10,000 A Y 96-BU-3823-8 F 11116/2015 1111612016 ~PERSONAL & ADV INJURY 6 2,000.000 GEN'L AGGREGATE LIMIT APPLIES P_R: i GENERAL AGGREGATE s 4,000,440 PRO - .,EC ~ ~ 4,000,000 POLICY " JECT 1-7 LOC I PRODUCT. ' COMPIOP AGG S c T HER: 5 LE LIMIT ~ AUTOMOBILE LIABILITY ~ 227 9997-F21-06 ~ /}6121/201#3 12/2112016 ; ~ a~de.,M SING ANY AUTO BOD LY INJURY (Per peron) $ 2,000 ,000 A OVVNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) i 5 2,000,000 HIRE 3 NOtJ-GVViV=D AUTOS ONLY AUTOS ONLY i PRe}tler AGE $ 2,000,000 I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS t1AB CLAIMS-MADE GGREGATE c I DED RETENTION $ i 3 S WORKERS COMPENSATION i S~~TUTE ERH I AND EMPLOYERT LIABILITY Y I N - ANY PROPRIE70RiPARTNERIEXECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N IA (Mandatory in NFL) E.L. DISEASE - EA EMPL©YE $ It yes, describe under DESCRIPTION CF OPERATIONS below I E.L. DISEASE - POLICY Llmff $ BUSINESS PROPERTY A 96-BU-3823 1111612016 1111612017 t 1 $79,400 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 401, Additional Remarks Schedule, may be attached If more space is required) RESEARCH , THE CITY OF ASHLAND, OREGON AND ITS ELECTED OFFICIALS, OFFICERS AND EMPLOYEES ARE LISTED AS ADDITIONAL INSURED. i d CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. 20 EAST MAIN STREET AUTHORED REPRESENTATIVE ASHLAND, OR 97520 6 ' OC 1988 015 ACORD C' RPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132a49. ; 2 03..16-2016 NAT1430 OP ID: MC1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/07/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Marilyn Cox NEISEN BORTH AGENCY PHONE 303-781-6776 AX No : 303-789-4409 www.nbinsure.com A/C No. Ext 333 W. Hampden Ave. Ste. 305 E-MAIL mcoxa«nbinsure.com Englewood, CO 80110 ADDRESS: Todd Borth INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Philadelphia Insurance Company INSURED National Research Center, Inc. INSURER B : 2955 Valmont Road Ste 300 Boulder, CO 80301 INSURER C : INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDL UBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RENT D CLAIMS-MADE El OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F PRO L] LOC PRODUCTS - COMP/OP AGG $ JECT OTHER: AUTOMOBILE LIABILITY Ea OM EDtSINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ Per accident HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab PHSD1096665 01/0112016 01/0112017 Prof Liab 2,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Professional Liabilittyy ppolicyy includes Errors & Omissions Coverage of $2,000,000 each claim,$7,000,000 annual aggregate, $5,000 deductible. The City of Ashland, Oregon and its elected officials, officers and employees are listed as Additional Insured with respect to the Professional Liability. CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD * @ DATE (MMIDDIYYYY) 09/08/16 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services, Inc of Florida NAME: Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive, Suite #1100 PHONE FAX Miami, FL 33131-4937 A/C, No Ext : 800-743-8130 A/C, No): 800-522-7514 EMAIL ADDRESS: ADP.COI.Center@Aon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New Hampshire Ins Co 23841 INSURED INSURER B : ADP TotalSource I, Inc. 10200 Sunset Drive INSURER C : Miami, FL 33173 ALTERNATE EMPLOYER INSURER D : National Research Center Inc INSURER E : 2955 Valmont Road Suite 300 Boulder, CO 80301 INSURER F : COVERAGES CERTIFICATE NUMBER: 1476685 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE ❑ OCCUR PREMISES (Ea occurrence) $ MED EXP An one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 7 PROJECT 7 LOC PRODUCTS - COMP/OP AGG $ OTHER $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION $ WORKERS COMPENSATION X PER OTH- A AND EMPLOYERS' LIABILITY Y / N WC 061139697 CO 07/01/16 07/01/17 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All worksite employees working for NATIONAL RESEARCH CENTER INC, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. NATIONAL RESEARCH CENTER INC is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF ASHLAND Council Communication September 20, 2016, Business Meeting Confirmation of Mayoral appointment of Interim Finance Director FROM Dave Kanner, City Administrator, kannerdAashland.or.us Tina Gray, Human Resources Manager, tina.grayAaAashland.or.us SUMMARY Current Administrative Services/Finance Director Lee Tuneberg has announced his retirement effective Friday, September 30, 2016, and staff recommends hiring Beverly Adams as interim finance director while a search is underway to find a successor to Lee. Ms. Adams is extremely well-qualified for this interim assignment and the Finance Department has many critical deadlines and projects, including the upcoming biennial budget process, which necessitates the additional support and skills an interim finance director can bring to the table. BACKGROUND AND POLICY IMPLICATIONS: Following Lee Tuneberg's announcement of his retirement, a number of firms and individuals were contacted who might be interested in providing their services to the City as interim finance director. The Finance Department will begin budget preparation activities in the upcoming months and will also begin preparing for a major borrowing if the food & beverage tax measure on the November ballot passes. In addition, the department is currently engaged in a software conversion project on top of its day-to-day duties. As such, an interim director is seen as critical to keeping the department running smoothly. After talking to a number of interested parties, staff recommends that the City hire Beverly Adams as its interim finance director. Ms. Adams retired earlier this year from her position as finance director for the City of Central Point, a position she had held since 2008. She had also served for 13 years as finance director for the City of Brookings. She is extremely well-qualified for this interim assignment. In addition to her familiarity with Oregon budget law, she is very familiar with debt financing mechanisms, financial reporting and nearly all of the core functions expected of a finance director. The City has retained the services of an executive search firm to assist the City in finding a successor to Lee Tuneberg with a target start date of late January 2017. FISCAL IMPLICATIONS: We have negotiated a pay rate of $55 per hour with Beverly, which is covered by the current budget. Because she is a PERS retiree, she must be treated as an hourly employee. As a PERS retiree, the City is not required to make retirement contributions on her behalf. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the appointment of Beverly Adams as Interim Finance Director. Page I of 2 CITY OF ASHLAND SUGGESTED MOTION: I move to confirm the Mayor's appointment of Beverly Adams as Interim City Administrator for the City of Ashland. ATTACHMENTS: Employment Agreement Beverly Adams resume Page 2 of 2 ~r CITY OF ASHLAND Employment Agreement Interim Finance Director THIS AGREEMENT made and entered into this _t" day of September, 2016, by and between the City of Ashland ("City") and Beverly Adams ("Employee"). RECITALS: A. City desires to employ the services of Employee as Interim Finance Director of the City of Ashland; and B. It is the desire of the City to establish certain conditions of employment for Employee; and C. It is the desire of the City to (1) secure and retain the services of Employee and to provide inducement for Employee to remain in such employment until January 31, 2017, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to financial security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee's services at such time as Employee may be unable fully to discharge Employee's duties due to disability or when City may otherwise desire to terminate Employee's services; and D. Employee desires to accept employment as Interim Finance Director of Ashland. City and Employee agree as follows: Section 1. Duties. The City hereby agrees to employ Beverly Adams as the Interim Finance Director of the City to perform the functions and duties specified in the job description for the position, and to perform such other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. The Interim Finance Director shall devote full time to the performance of her duties for the duration of interim appointment. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of the Interim Finance Director at any time, subject only to the provisions set forth in this agreement. B. Employee agrees to remain in the employ of City until a successor Assistant City Administrator/Finance Director is appointed into the regular F/T position which is anticipated to be no later than January 31, 2017, and neither to accept other employment nor to become employed by any other employer until this termination date, unless the termination date is affected as otherwise provided in this agreement. The end date of January 31, 2017, may be extended by mutual agreement. Page - 1 C. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City three weeks written notice of such intention, unless such notice is waived by the City ,Administrator. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. City agrees to pay Employee a wage of $55.00/hour ($9,533.15/month), which corresponds to the mid-point of the salary range for City Department Heads in lieu of health benefits and retirement contributions. Section 4. Tools and Equipment. City agrees to provide the tools and equipment necessary for the Interim Finance Director to efficiently perform her duties. Section 5. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term, or provision. Dated this of , 2016. Barbara Christensen, City Recorder John Stromberg, Mayor Accepted this day of '2016. erly am Page - 2 Beverly Adams 3313 Wheat Ridge Drive, Medford, Oregon 97504 1541.601.1637 1 adams.beverly@gmail.com Objective To serve as Interim Finance Director for the City of Ashland during the recruitment process for a new fulltime Finance Director. Skills & Abilities Personal: strong organizational and interpersonal skills; focused, efficient and reliable. Professional: 25 years' municipal government experience in the accounting and safeguarding of City assets and maintenance of the central accounting system in accordance with the comprehensive basis of accounting for municipalities. Preparation of financial statements and other reporting for City staff and council; audit preparation and reporting; budget officer and coordination of budget process and document; urban renewal. budget; direct supervision of finance staff and functions of payroll, utility billing, receivables and payables, front counter public services; and custodial officer of the City's funds and investments. These skills apply to all following municipal director positions. Experience 1984-1986 Accounting Clerks City of Brookings, OR 1986-1999 Finance Director/Recorder I City of Brookings, OR 2000-2002 Municipal Audit Coordinator I Moss-Adams, LLP, Medford, OR Interim Finance Director City of Brookings, OR Interim City Recorder/Treasurer I City of Gold Hill, OR 2003-2005 Finance Software Trainer I Springbrook Software, Portland, OR 2005-2016 Accounting Specialist/Accounting Supervisor I City of Central Point, OR Interim Finance Director, Aug. 2008 - May 2009 1 City of Central Point, OR Finance Director, May 2009 - Jun 2016 1 City of Central Point, OR Education 1978 - 1985 • 1 year of pre-nursing; Linn-Benton, Albany, OR • 2 years of business/accounting; Linn-Benton & Oregon State University, Corvallis, OR 1986 - 2016 • Continuing education specific to municipal governmental accounting and management 2014 • Achieved the Oregon Government Finance Officers Association (OGFOA) certification Other • Current member of Government Finance Officers Association (GFOA) • Retired member of Oregon Government Finance Officers Association (OGFOA) • Currently serving on the City of Medford and Medford Urban Renewal District budget committee Page 2 CITY OF ASHLAND Council Communication September 20, 2016, Business Meeting First reading of an ordinance amending the City of Ashland Comprehensive Plan and Zoning Map Designations for 150 North Pioneer Street from Low-Density Multi-Family Residential (R-2) to Commercial (C-1). FROM: Bill Molnar, Director of Community Development, bill. molnarAashland.or.us SUMMARY The ordinance being presented to the City Council for first reading would amend the City of Ashland Comprehensive Plan and Zoning Map Designations for 150 North Pioneer Street from Low-Density Multi-Family Residential (R-2) to Commercial (C-1). In February of 2016, the City Council considered a request by the Mayor on behalf of the property owner that the Council initiate a zone change from R-2 (low-density multi-family) to C-1 (commercial). The property owner detailed the difficulties encountered having a residentially-zoned property next to a large public parking lot in the face of increasing commercial intensity in the immediate vicinity. At that time, it was noted that the Mayor had spoken with the property owner about the city having built a public parking lot next to his R-2 zoned property in the late 1980's. The Council voted unanimously to approve Council-initiation of a Type III planning action for Comprehensive Plan and Zoning map amendments, and directed staff to complete, file and process the land use application. BACKGROUND AND POLICY IMPLICATIONS In the late 1980's, the City acquired the property at the northeast corner of Lithia Way and Pioneer Street, immediately adjacent to 150 North Pioneer Street, and shortly thereafter constructed a 64-space public parking lot. The property acquisition and public parking lot construction were identified in the 1988 Ashland Downtown Plan - Phase 2 Action Plan as a key element to addressing downtown parking need. In December of 1992, a similar request from the current property owner to change the zoning from R-2 (Low-Density Multi-Family Residential) to C-1 Commercial was denied by the Planning Commission and the City Council. At that time, it was noted that traffic increases since the parking lot was built were insufficient to merit a change and that the property's R-2 zoning provided an important buffer between the downtown and the historic Railroad District while retaining adequate options for some commercial use for the property owner. Public parking lots in and around Ashland's downtown are areas of intense activity, and this intensity continues to increase with adaptive re-use of existing, older structures and redevelopment in the vicinity. The parking lot at Lithia and Pioneer includes 64 public parking spaces and an access easement from the adjacent private lot which will ultimately serve 56 surface and 33 garage spaces. Page 1 of 4 ~r CITY OF ^ASHLAND Unlike other properties adjacent to public parking in Ashland, the property under consideration here is separated only by a six-foot residential side yard rather than a public right-of-way (alley or street) or a larger rear yard. Recent parking surveys indicate 100 percent occupancy in the public parking lot at Lithia and Pioneer in the afternoon and later into the evening. The R-2 zone is designed for urban living at densities of 13 residential units and greater and intended to meet the city's need for rental and purchase housing. A variety of mixed-uses are allowed in the R- 2 zone including limited retail and office, as well as travelers' accommodations when these commercial uses are shown to be appropriate and to enhance the neighborhood character. For several years, the property owner of 150 North Pioneer Street has described in writing impacts to his property associated with its proximity to the city's public parking lot and the continued intensification of surrounding commercial uses. In addition, the owner has expressed concern over the appropriateness of residential uses on the property given the proximity to the public parking lot and its impacts. Impacts brought about by the operations of the public parking lot and adaptive re-use of existing, older structures as well as redevelopment in the vicinity presents challenges to residential living on the property. In staff s judgement, changes in the immediate area over -the past two decades support an assessment of the property's zoning designation. The current proposal, initiated by the City Council at the property owner's request, would amend the existing Low Density Multi-Family Residential Comprehensive Plan and R-2 Zoning Map designations, changing the Comprehensive Plan Map designation to Commercial and the Zoning Map designation to C-1. A C-1 designation would allow but not require residential uses and the proposed change in the zoning would allow greater flexibility for the use of the property when considering the context of the surrounding area. No changes to existing buildings or the site as well as current land uses are proposed, and the existing land uses would be allowed to remain in place until the property owner obtains Site Design Review approval to establish commercial uses on the site. The Historic Commission considered the proposed amendments to the Comprehensive Plan and Zoning Map designations at their regular meeting on August 3, 2016. The existing home on the property, the James W. Losher House, is considered to be a Historic Contributing resource in the historic Railroad District, and the property line separating the subject property from the parking lot is also the boundary between two of Ashland's nationally recognized historic districts, the Downtown District and Railroad District. Historic Commissioners unanimously recommended against the proposed amendments as they felt the proposal represented a step in the gradual encroachment of commercial zoning into the historic residential neighborhood, which could result in additional pressure to re- develop the property and which might ultimately result in significant changes to the structure and/or its possible demolition. The Historic Commission suggested that the concerns raised by the property owner would be better addressed with efforts to mitigate the impacts of the parking lot, and that changing the underlying zoning from R-2 to C-1 would do little to improve this situation The Planning Commission considered the proposed amendments to the Comprehensive Plan and Zoning Map designations at their regular meeting on August 9, 2016. Planning Commissioners unanimously recommended against the proposed amendments as they felt the need for improved access to serve commercial uses of the site could lead to pressures to widen the driveway and necessitate the removal of parts of the existing historic home; could, adversely impact the character of the surrounding neighborhood; and that the property was better suited to limited commercial use Page 2 of 4 ~r CITY OF ASHLAND through the Conditional Use Permit process under the current R-2 zoning which would provide a greater measure of control while allowing for careful consideration of the neighborhood context. Planning Commissioners further noted that while there has been an informal policy that commercial uses allowed through the Conditional Use Permit process in residential zones maintain a residential presence on the property for compatibility with the surrounding neighborhood, the arguments made here in favor of a zone change may support allowing limited commercial use through the Conditional Use Permit process without requiring a residential component be maintained on site. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS N/A RECOMMENDATION AND REQUESTED ACTION In considering a similar request in 1992, the Planning Commission and City Council determined that the current R-2 zoning allowed for a sufficient variety of limited commercial uses through the Conditional Use Permit process, which ensured appropriate oversight of this transitional area between the Downtown and the Railroad historic district. The decision before the Council is to determine whether conditions brought about by changes in the area over the last 24 years have impacted the subject property to a degree that allowance of a greater variety of land uses, excluding residential, is justified and supports a change from the existing Low Density Multi-Family Residential (R-2) to Commercial (C-1) zoning. Both the Historic and Planning Commissions were unanimously opposed to the request, indicating that a change in zoning would do little to alleviate the impacts created by proximity to the parking lot, while allowing more intense use of the site potentially to the detriment of the neighborhood. Additionally, a change in zoning could create pressure to renovate or make significant alterations to the existing home, a historic contributing resource. Given the level of concerns raised by both advisory commissions, staff believes the potential benefits to the property realized through a zone change at this time do not outweigh the concerns raised by the Historic and Planning Commissions. SUGGESTED MOTION Move to deny first reading by title only of the ordinance titled, "An Ordinance Amending the City of Ashland Comprehensive Plan and Zoning Map Designations for 150 North Pioneer Street from Low-Density Multi-Family Residential (R-2) to Commercial (C-1);" or Move to approve first reading by title only of the ordinance titled, "An Ordinance Amending the City of Ashland Comprehensive Plan and Zoning Map Designations for 150 North Pioneer Street from Low-Density Multi-Family Residential (R-2) to Commercial (C-1)," and move it on to second reading. Page 3 of 4 P. ~r CITY OF ASHLAND ATTACHMENTS 1. Proposed Ordinance 2. Exhibit A: Amended Comprehensive Plan Map 3. Exhibit B: Amended Zoning Map 4. Record of the Historic Commission Hearing (Recommendations and Minutes) 5. Record of the Planning Commission Hearing (Recommendations, Minutes, Hearing Submittals and Planning Commission Packet) Page 4 of 4 ~r ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ASHLAND COMPHRENSEIVE PLAN AND ZONING MAP DESIGNATIONS FOR 150 NORTH PIONEER STREET FROM LOW-DENSITY MULTI-FAMILY RESIDENTIAL (R-2) TO COMMERCIAL (C-1) Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thr-ovFgh and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland's 1988 Ashland Downtown Plan provided a vision for the downtown which suggested a list of specific downtown improvements including developing additional parking supply among the list of needed improvements. The Plan identified several locations where construction of public parking facilities should be evaluated and the property at Pioneer Street and Lithia Way was considered a key candidate. 'The City eventually acquired this property, designed and constructed what is now a 64 space public parking lot. It would become one of the largest downtown public parking lots, second in overall size only to the Hargadine Street parking structure which has 145 spaces; and WHEREAS, the City of Ashland has received written descriptions of the impacts of having a large public parking lot in close proximity to the residential property at 150 North Pioneer Street which question the appropriateness of having residential uses oil the property given that the property's historic home, a historic contributing resource in the National Register-listed Ashland Railroad Addition Historic District, is separated from the large public parking lot by only a six- foot side yard setback; and WHEREAS, the City of Ashland City Council considered a request from the property owner to initiate a zone change from R-2 (Low-Density Multi-Family) to C-1 (Commercial) for the property located at 150 Pioneer Street in February of 2016 and voted unanimously to approve Council-initiation of a Type III planning action for Zoning and Comprehensive Plan Map Amendments, and directed staff to complete, file and process a land use application. An Ordinance Amending Pioneer Street Zoning Page 1 WHEREAS, the City of Ashland Historic Commission considered the above-referenced amendments to the Comprehensive Plan Map designation and Zoning Map at their regular meeting on August 3, 2016; and WHEREAS, the City of Ashland Planning Commission considered the above-referenced amendments to the Comprehensive Plan Map designation and Zoning Map at a duly advertised public hearing on August 9, 2016; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments to the Comprehensive Plan and Zoning Maps on September 20, 2016, and 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 Comprehensive Plan and Zoning Maps in the manner proposed, that an adequate factual basis exists for these amendments, the amendments are consistent with the Comprehensive Plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The officially adopted City of Ashland Comprehensive Plan Map, adopted and incorporated by Ordinance No. 2951, is hereby amended to change the Comprehensive Plan Map designation for the property located at 150 North Pioneer Street within the City limits from Low- Density Multi-Family Residential to Commercial, said Comprehensive Plan Map designation amendment is reflected on the revised Comprehensive Plan Map, attached hereto as Exhibit A, and made a part hereof by this reference. SECTION 3. The officially adopted City of Ashland Zoning N[ap, adopted and incorporated by Ashland Municipal Code Section 18.1.2.070, is hereby amended to change the zoning designation for the properties located at 150 North Pioneer Street within the City limits from R-2 to C-1, said zoning amendment is reflected on the revised Zoning Map, attached hereto as Exhibit B, and made a part hereof by this reference. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section", An Ordinance Amending Pioneer Street Zoning Page 2 or another word, and the sections of this Ordinance may be renumbered, or re-lettered, and amendments - including map amendments, combined, provided however that any Whereas clauses and boilerplate provisions and text descriptions of the map amendments (i.e. Sections 1, 2-8, 9-10) 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 , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney An Ordinance Amending Pioneer Street Zoning Page 3 C N ~ C f~ j, 0 V v 0 700 ..~.w w........_ ~ ..~._,m, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N o ~ ~ ~ ~ moo= Z" ~ / ~ ~ N 0 ~ O FBI 3 c m ~ ~ ~ ~ o°'o Q ~ ~E~ as ~ Z~^ \ ~ ~W~`. ~ ~ ~ c w ~ LV ~ ~ i v a~i = WQ Z li ~ az~~ ~N~ ~o N N N f, m~~ ~W~-+ arc ~ W ~ F. ~ ~Q~ Z w cZ m0 W p N 111 W ~ Iii ~ ~~a . . a~ _ gZ 0- Q U I- ~ ~ ~ ~ ~ W z w 0 ~ Z F., X o w N ~i ~ ' A~ \ W ~ ~ ' \ c~ a m a~ r m L 0 U 0 Z ~ 0 ca ~ ~ z U ~ ~ N o ~ o ? o a ~ ~ N n Q ~ W O ~ rN  ui LU C C 0 0 ~ _0 ~ V L 3 ~ 0 ~...ro.. v v ~ ~ y~; 3 ~ ~ ~ _ \ c°~ ~ ~ ~ ~ ~ 3= N ~ o ~ - ~ ~ c ~ - ~ ~ Z ..x ~,C1;~ = L Q V V ~ 'C d > VN♦ I' ~ ~ ~ ~ 6L Q ~ ~ C y" W - f~0 7 ~ Z _ 0 ~ ~ V ~ ~ a ~ _ W n ~ ~ ~ N ~ ao~ , N ~ rr1~ ~ N~ ~ 2 0..N V ~ .fir ~ ~ n~' ■ ■ ~ ~ W ~ •Q ~ D~pW z~3~ ~Qy oZ o~ ~z~a ~~`-0 ~ ~ c'~ 0. ~ , ~ ~ f !1 Z F.. N N ~ ~ ~ . r x W ~ Z r Z O N N ~ Z o W N ~ r~: ,~f~'~ ~ ~ . . N o ~ ~ Z Z ~ N t U ~ ~ U o 0 Z o a N ~ m ~ ~  W oo w ASHLAND HISTORIC COMMISSION Planning Application Review August 3, 2016 PLANNING ACTION 2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 39 1 E 0913A, TAX LOT 11800 Recommendation: By a unanimous vote, the Historic Commission recommends that the City Council not change the zoning designation for the property. The Commission noted the following concerns as the basis for their recommendation: • The request represents a step toward a gradual encroachment of the "commercial" zoning district into the Historic Railroad District; • This gradual encroachment will negatively impact the livability of the historic residential district to the north, as well as the residential properties in the immediate vicinity; • The change from Multi-Family Residential to Commercial zoning will increase the value of the property (150 N. Pioneer), which will result in putting pressure to redevelop the property, • Redevelopment of the property will likely result in changes to the existing historic, "contributing" residential building, and/or may lead to a future proposal to remove or demolish the structure, and • Concerns over impacts related to 150 N. Pioneer's proximity to the city public parking lot could best be addressed through mitigation, such as better fencing and landscaping, rather than a change in zoning. A change in the zoning designation will not resolve the impacts noted by the property owner. Department of Community Development Tel: 541-488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 , www.ashland.or.us ASHLAND HISTORIC COMMISSION Meeting Minutes August 3, 2016 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER: Commission Chair, Shostrom called the meeting to order at 6:03 pm in the Siskiyou Room at the Community Development and Engineering Offices located at 51 Winburn Way, Ashland OR 97520. Commissioners Present: Council Liaison: Shostrom Carol Voisin Skibb Leonard Staff Present: Lad o Mark Schexna der; Staff Liaison Emery Regan Tra ; Secretary Swink Giordano Whitford Commissioners Absent: APPROVAL OF MINUTES: Giordano motioned to approve minutes from July 6, 2016. Swink seconded. No one opposed. Whitford abstained. • Shostrom stated that in the past, minutes were much more detailed. Molnar remarked that staff is trying to make minutes brief and capturing just the most important details, such as recommendations and motions. Molnar, went on to say that when actions are controversial, we do try to capture key comments related to the standards. PUBLIC FORUM: There was no one in the audience wishing to speak. COUNCIL LIAISON REPORT: Voisin gave the Council Liaison report. Items discussed were: • Study session: o Council received the downtown parking proposal and there will be opportunities for public input soon. The ad-hoc committee for downtown parking will end soon and a new committee will be formed related to urban design. Cycling safely will be of the utmost concern. o There is a plan being reviewed to allow Martoli's to place tables and chairs in front of City Hall. They will put a rail up to separate the area from pedestrian traffic. o There will be an open house on September 151h at 7PM in the Community Room to review and discuss plans for City Hall. Public input is encouraged. • Council regular meeting: o Parks purchases: Parks purchased a dump truck and the Hitt Road property above Lithia Park. o Grandview guardrail was discussed. o Fair housing ordinance was passed. o Food & beverage tax will be going on the ballot for consideration. The public will be able to vote on how they want the money to be used. PLANNING ACTION REVIEW: PLANNING ACTION: PA-2016-01385 SUBJECT PROPERTY: 50 East Main St. OWNER/APPLICANT: Ted DeLong/Oregon Shakespeare Festival DESCRIPTION: A request for Site Design Review approval for exterior changes to a contributing property in the Downtown Historic District. The proposal is to construct a 150 square foot addition to the existing deck located at the rear of the building located at 50 East Main Street. COMPREHENSIVE PLAN DESIGNATION: Commercial - Downtown; ZONING: C-1-D; ASSESSOR'S MAP: 39 1 E 091313; TAX LOT; 40000. There was no ex parte contact or conflict of interest indicated by the Commission. Schexnayder gave the staff report for PA-2016-01385. Shostrom opened the public hearing to the applicants. David Wilkerson of ORW Architecture, and Ted Delong, General Manager of Oregon Shakespeare Festival addressed the Commission regarding their application. Mr. Wilkerson stated that it's a fairly straightforward application and was first applied for to prevent water intrusion into Harvey's Place. Mr. Wilkerson went on to say, that since the first application, this has morphed into something a little bigger as they take into consideration size of the deck and the water intrusion issue. They will keep the existing deck, making only small repairs in certain places where the deck needs some reinforcements and new framing. He pointed out that the goal of the expansion is to match the existing deck built in the 1990's. Shostrom closed the public hearing and opened to the Commission for comments. Giordano motioned to approve PA-2016-01385 as presented. Whitford seconded. No one opposed. PLANNING ACTION 2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 39 1 E 09BA; TAX LOT 11800 & 11900 Skibby indicated that he spoke with the owner while he was taking pictures of the property and the owner gave him a tour of the house. He declared that it would not affect his decision making on this application. Mr. Molnar, Community Development Director, gave the staff report for PA-2016-00309. Mr. Molnar, discussed the background and process of this application and stated that zone changes do not come about often. He went on to say that the City's land use ordinance allows the City Council to initiate the zone change by a majority vote. Mr, Molnar said that the Mayor had requested the City Council take a look at this application. At that point, the City Council directed staff to process the application for the zone change. This is not applicant initiated, it has been initiated by the City Of Ashland and will still have to go through the full approval process. Mr. Molnar explained that the Historic Commission would make a recommendation tonight and then it would go to the Planning Commission for their recommendation, ultimately to be decided by the City Council. Mr. Molnar gave a history on the property and said that this isn't the first time this property has been up for re-zoning. He discussed that the basis for doing a zone change often comes down to one of two issues. One, that it needs to be re-zoned to conform to the City's comprehensive plan to accommodate residential growth or two, over time certain circumstances change in an area that might warrant re-zoning. Mr, Molnar described the neighborhood around the properties in detail and went on to speak about the congestion of the area. He pointed out that one of the biggest implications of re-zoning this property is that Commercial zoning designation allows for residential use in conjunction with a commercial use, but it doesn't mandate that you have to have the residential use on the property. With commercial zoning, comes flexibility to choose what kind of use you want. Mr. Molnar directed attention to the fact that the neighbor to the north of this property owns an antique shop and they share a mutual access easement of the driveway. This neighbor has shown interest and may be agreeable to this application. Skibby wanted clarification if both, 150 and 162 N. Pioneer were the properties in question for the re-zoning. Mr. Molnar stated that, yes, both properties would be looked at for re-zoning since they are connected and that the Commission could visit the idea of re-zoning both addresses. Mr. Molnar explained that both properties were properly noticed and procedures were taken to notify everyone in the neighborhood. Mr. Molnar impressed upon the fact that if the properties were to be re-zoned that they would be held to a higher standard because they are commercial and historic contributing. If they made exterior changes that require a building permit they would go through a full Commercial Site Review. Emery asked about solar and Mr. Molnar stated that C-1 zones have to maintain a 16 foot height requirement. C-1-D zones are exempt from solar altogether, Shostrom asked if the point of this re-zoning was the de-valuation of 1:he owner's property and Mr. Molnar emphasized that staff does not look at re-zoning a property due to de-valuation or to provide greater economic value. They have to look at it from a land - use perspective. They discussed examples of some properties in the past that had been up for re-zoning. Shostrom opened the public hearing for comments from the audience. Marilyn Stewart, property owner at 142 B Street, Ashland, OR addressed the commission regarding this planning action. Ms. Stewart's property abuts 162 N. Pioneer and stated that this potential zone change is a huge deal to her. She directed attention to the fact that a zone is these for a reason and if we go changing them, then where does that stop? The zone line is where it is for a reason and if the line moves then it will be abutting residences. Ms. Stewart doesn't see why the need for a zone change and thinks if approved, will open the door for more of these instances. Ms. Stewart remarked that problems with homeless in parking lot, noise with Gil's and Ruby's, and parking lot construction were all factors when the owner bought the property at 150 N. Pioneer. With this zone change, she feels the Railroad district is vulnerable to change, too quickly and feels the livability of the street scape will suffer. Shostrom closed the public hearing and opened to the Commission for comments. There was much discussion by the Commission in regards to what would happen long term on this property if it does go through a zone change and the repercussions felt on the neighborhood. Leonard brought up an option of building a substantial fence which would help mitigate outlying problems. Giordano motioned to deny PA-2016-00309 as proposed. Whitford seconded, No one opposed. Giordano requested that Voisin report back to the Commission the City Council's decision on this application. By a unanimous vote, the Historic Commission recommended that the City Council not change the zoning designation for the property. The Commission noted the following concerns as the basis for their recommendation; • The request represents a step toward a gradual encroachment of the "commercial" zoning district into the Historic Railroad District; • This gradual encroachment will negatively impact the livability of the historic residential district to the north, as well as the residential properties in the immediate vicinity; • The change from Multi-Family Residential to Commercial zoning will increase the value of the property (150 N. Pioneer), which will result in putting pressure to redevelop the property; • Redevelopment of the property will likely result in changes to the existing historic, "contributing" residential building, and/or may lead to a future proposal to remove or demolish the structure; and • Concerns over impacts related to 150 N. Pioneer's proximity to the city public parking lot could best be addressed through mitigation, such as better fencing and landscaping, rather than a change in zoning. A change in the zoning designation will not resolve the impacts noted by the property owner. NEW ITEMS: • Review board schedule • Project assignments for planning actions OLD BUSINESS: Whitford asked about the status of 135 Nutley and Mr. Molnar stated that they had to center a window and fix the stairs to the property, He went on to say that the owner added a belly band and a flower box and the project looks to be moving forward and progressing. Swink stated that the owner had said (in a review board meeting) that he was going to remove the footings under the stairs to narrow and change the orientation (of the stairs) and has not done that as of yet. Schexnayder stated that the actions of the owner at 135 Nutley were egregious and in the future will keep a better watch out for actions like this. Swink suggested a listing of recommendations be given to commissioners when they review building plans. Schexnayder stated that it's unknown why the owner at 135 Nutley did not have come back to submit a modification with the Historic Commission. Schexnayder suggested having the Commission obtain the files at Review board so they can see the entire history as well as recommendations and findings for the action. Shostrom impressed upon the fact that sometimes the recommendations aren't accurate and that they should have the chance to review them before they go to the Planning Commission. Shostrom suggested that Schexnayder email the recommendations to the entire Commission after he writes them, so that they can do any edits if necessary. Shostrom said that the recommendations that are given to the applicant should be clearly written on the plans and plans should be to scale. Schexnayder commented that he compares the Commission's recommendation with what is submitted on the revised plans. Schexnayder stated that he will speak with Mr. Molnar about these suggestions. Shostrom would like to look at the entire review process of the Commission to see if there could be a way to catch these things before they get too far in the process. DISCUSSION ITEMS: There were no items to discuss. COMMISSION ITEMS NOT ON AGENDA: Voisin discussed the way minutes are taken with Shostrom. Voisin stated the she heard Shostrom say that "minutes were too brief'. Shostrom remarked that yes, in the past they were much more detailed. Voisin stated that minutes are a record and are very important. Skibby agreed that yes, they are important and sometimes things get misconstrued if not enough detail is given. Schexnayder responded that staff's direction has been for "action minutes" with more emphasis on motions and recommendation without all the discussion unless controversial. Review Board Schedule August 11th Terry, Bill August 18th Terry, Tom, Andrew August 25th Terry, Taylor, Sam September 1St Terry, Taylor, Dale September 81h Terry, Keith, Bill Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-02206 485 A Street Ladygo PA-2015-00178 156 Van Ness Ave Shostrom PA -2015-00374 160 Lithia Way _ Emery PA-2015-00878 35 S. Pioneer Ladygo PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C Ladygo PA-2015-01517 209 Oak Shostrom PA-2015-02203 868 A Street Whitford PA-2016-00073 151 Pioneer Swink PA-2016-00275 574 Allison Emery PA-2016-00387 95 N. Main Shostrom PA-2016-00763 5 N. Main Swink PA-2016-00209 25 N. Main Ladygo PA-2016-00818 175 Pioneer Shostrom & Skibby PA-2016-00847 252 B Street Whitford PA-2016-00587 872 Siskiyou Blvd Skibby PA-2016-01027 276 B Street Shostrom & Leonard PA-2016-01385 50 E. Main Giordano ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled September 7, 2016 at 6:00 pm. There being no other items to discuss, the meeting adjourned at 8:50 pm Respectfully submitted by Regan Trapp BEFORE THE PLANNING COMMISSION September 13, 2016 IN THE MATTER OF PLANNING ACTION #2016-00309, A REQUEST FOR A } COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE FOR ) THE PROPERTY LOCATED AT 150 NORTH PIONEER STREET. THE CURRENT } COMPREHENSIVE PLAN MAP DESIGNATION IS LOW DENSITY MULTI- ) FAMILY RESIDENTIAL AND THE ZONING IS R-2. WITH THE CURRENT } FINDINGS, PROPOSAL, THE COMPREHENSIVE PLAN MAP DESIGNATION WOULD BE ) CONCLUSIONS, & CHANGED TO COMMERCIAL AND THE ZONING TO C-1. NO CHANGES TO } RECOMMENDATIONS TO THE EXISTING SITE IMPROVEMENTS OR THEIR APPROVED USES ARE } 's PROPOSED. ) } OWNER/APPLICANT: Stan Potocki/City of Ashland ) RECITALS: r 1) Tax lot #11800 of Map 391E 09BA is located at 150 North Pioneer Street and is zoned R-2 (Low Density Multi-Family Residential). ,s 2) The applicants are requesting a Comprehensive Plan Map Amendment and Zone Change for the property located at 150 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R72. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-l. No changes to the existing site improvements or their approved arses are proposed. 3) Amendments of the Comprehensive Plan and Zoning Maps are addressed in AMC 18.5.9.020 "Applicability and Review Procedure" as follows: 8. Type Ill. 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 Ill 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 F' actions shall be subject to the Type !!I procedure. ,z 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 procedure pursuant to subsection 18.5.9.020.A, above. n PA #2016-00309 September 13, 2016 Page 1 I:~ 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. A change in the zoning designation for a property that also entails changing the property's underlying Comprehensive Plan designation, as proposed here, is considered a legislative amendment through the Type III procedure discussed in AMC 18.5.9.020.13 above. A Type III procedure requires a hearing before the Planning Commission to yield a recommendation to Council and final approval through a hearing before the Council with adoption by ordinance. The Land Use Ordinance generally permits zone changes when it is found to be necessary in order to confonn to the Comprehensive Plan or to meet other changes in circumstances or conditions, however Type III procedures are legislative decisions dealing with broader policy issues at Council discretion. While a change to the Comprehensive Plan Map is a legislative matter, the proposal here involves changes to the zoning of a single property and as such notice was nonetheless provided to surrounding property owners in keeping with the requirements of a quasi judicial land use hearing. 4) The Planning Commission, following proper public notice, held a public hearing on August 9, 1 2016 at which time testimony was received and exhibits were presented. Subsequent to the closing of the Y hearing, the Planning Commission ultimately recommended that that the City Council deny the application. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: ` SECTION 1. EXHIBITS a S For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony 2 L will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS I 2.1 The Planning Commission finds that it has received all information necessary to make a recommendation based on the Staff Report, public hearing testimony and the exhibits received. PA #2016-00309 September 13, 2016 Page 2 ;I fl a I` I; 1 2.2 The Planning Commission finds that the proposal for a Comprehensive Plan Map Amendment and Zone Change fails to meet the criteria of necessity in AMC 18.5.9.020.$. and further finds that there is no public need or public benefit as described in the Ashland. Comprehensive Plan that would be t addressed in approving the request. 2.3 The Planning Commission finds that in considering a similar request in 1992, the Council ultimately determined that the existing R-2 zoning provided an important buffer between the more intense C--1 uses to the south and the National Register of Historic Places-listed Railroad Addition v Historic District residential neighborhood a short distance to the; north, and that the Conditional Use Permit process provided adequate options for some measure of commercial use for the R-2 zoned commercial property. In addition, the Council determined that traffic increases from 1988 to 1992 were insufficient to warrant the zone change and that any change to the zoning should be looked at more comprehensively. 2.4 The Planning Commission finds that the City of Ashland Historic Commission considered the ti proposed amendments to the Comprehensive Plan Map designation and Zoning Map at their regular meeting on August 3, 2016 and following their deliberations, unanimously recommended that the City Council deny the proposal. The Historic Commission's recommendation indicated that the proposal represented a step in the gradual encroachment of commercial zoning into the historic residential neighborhood which could result in additional pressure to re-develop the property. Historic Commissioners suggested that such redevelopment pressure could ultimately result in significant changes to and/or the possible demolition of this historic contributing resource the `James W. Losher House.' The Historic Commission suggested that the concerns raised by the property owner would be better addressed with efforts targeted to mitigate the impacts of the parking lot, and that changing the underlying zoning from R-2 to C-1 would do little to alleviate the problems. t f. ; 2.5 The Planning Commission finds that neighbors raised concerns that a change to commercial zoning would exacerbate existing traffic and parking issues, increase noise, and chip away at the - r residential character of the historic neighborhood by moving commercial uses closer to existing residences. Neighbors emphasized that re-zoning was not the solution, and suggested that a taller, more dense, sound-proof fence adjacent to the parking lot would help. s 2.6 In considering the comments from the Historic Commission recommendation and the testimony from neighbors, the Planning Commission finds that the proposed amendments of to the Comprehensive Plan and Zoning Map designations could lead to the need for improved access to serve newly allowed commercial use of the site, and that this could result in pressure to widen the driveway to accommodate parking and circulation requirements and necessitate the removal of parts of the existing historic home. The Commission further finds that the amendments would adversely impact the character of the surrounding neighborhood by allowing commercial uses with greater intensity, larger structures, increased lot coverage, and removing a continuing residential presence fiom the property. The Commission finds that the property would be better suited to limited commercial uses permitted under the existing R-2 zoning through the Conditional Use Permit process which provides t a greater measure of control while allowing for careful consideration of the neighborhood context. f t PA #2016-00309 k September 13, 2016 Page 3 y` j ij ~i j L { i The Commission further finds that while there has been an informal policy for some time that limited commercial uses allowed through the Conditional Use Permit process in residential neighborhoods should maintain a primary residential presence for compatibility with the character of their surrounding residential neighborhoods, the arguments made here in favor of a zone change would be better considered as arguments in favor of a Conditional Use without the requirement that a residential component be maintained on site. The Commission finds that this site would be uniquely suited to considering an appropriate commercial use through the Conditional Use Permit process without a required residential component. SECTION 3. RECOMMENDATION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission recommends that the City Council deny Planning Action #2016-00309, the proposed Comprehensive Plan Map Amendment and Zone Change for the property located at 150 North Pioneer Street. September 13, 2016 Planning Commi on Recommendation Date a 1 PA #2016-00309 u September 13, 2016 Page 4 i i IS it I`. CITY of ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 9, 2016 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 Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUCEMENTS Community Development Director Bill Molnar announced a housing forum sponsored by the Ashland Housing & Human Services Commission and the Interfaith Community will take place August 10 at 6 p.m. He also noted the space needs study being conducted by the city to evaluate potential opportunities to reconstruct or relocate city hall. He stated an open house will be scheduled for September and the findings will be presented to the city council in October. Commissioner Mindlin announced she will be absent from the September 13 regular meeting. CONSENT AGENDA A. Approval of Minutes. 1. July 12, 2016 Regular Meeting. Commissioners Brown/Thompson m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 6-0. Commissioner Mindlin abstained. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS A. Adoption of Findings for PA-2016-01029,1365 Tolman Creek Rd. No ex parte contact was reported. Commissioners Miller/Pearce m/s to approve the Findings for PA-2016-01029. Voice Vote: all AYES. Motion passed 6-0. Commissioner Mindlin abstained. Ashland Planning Commission August 9, 2016 Page 1 of 4 TYPE III PUBLIC HEARINGS A. PLANNING ACTION PA-2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPTERY OWNERS: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C- 1.COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 391E 09BA; TAX LOT: 11800. Staff Report Community Development Director Bill Molnar provided some background information on the request. He explained in 1988 the city adopted a downtown plan that identified options for additional parking supply. The Pioneer/Lithia property was one of the options and the city acquired it and began construction on the parking lot in 1989. The neighboring property owner, Stan Potocki, has been in discussion with the city since that time and has been documenting the impacts of the parking lot. Mr. Potocki presented his data to the mayor and city council and they directed staff to initiate an evaluation of the zone change and prepare the Type III land use application. Mr. Molnar stated the commission is directed to forward a recommendation and the city council will make the final decision. He noted the Historic Commission has already reviewed the request and recommended denial of the zone change. Mr. Molnar explained the main difference between the C-1 and R-2 zones are the uses that are permitted outright, which includes office, retail, restaurants, and hotels. This property is also on the edge of Ashland's Downtown Historic District and the Railroad Historic District. Mr. Molnar stated the question of adequate supply does not apply in this case as the city is meeting its 20 year requirement for both employment and residential lands; the main question is whether the zone change is necessary to meet the changes that have happened to the area. Mr. Molnar stated the city parking lot will ultimately connect to the parking for the Plaza West buildings and noted all of the other city parking lots are either adjacent to commercial property or separated from residential properties by a right of way. He commented that there has been a lot of development in the area and the most recent traffic generation counts show a 50% increase from 1992. Mr. Molnar explained the current use of Mr. Potoki's property is office use on the ground floor with an apartment above and a separate residence at the back of the lot. He suggested the commission consider the adjacent property in their deliberations since the two lots share a driveway. He explained the R-2 zone does allows for a 100% commercial use with a conditional use permit (CUP), however this has never been approved in the past. He stated a commercial zoning designation would provide some flexibility from having a residential use on the property. Associate Planner Derek Severson displayed several slides of the site and surrounding area. He pointed out the Lithia/Pioneer parking lot has 64 spaces however when the Plaza West development is built out it will add an additional 89 spaces bringing the total to 153. He also displayed images of the shared driveway that straddles the property line and stated the commission may want to consider whether any change in zoning should expand to the property at 162 Pioneer as well. Questions of Staff Staff was asked why the Historic Commission was unsupportive. Mr. Molnar explained the commission was concerned about the impacts described by Mr, Potoki but did not see how changing the zone would alleviate those problems. They felt the city should be doing a better job to mitigate the impacts and were concerned a commercial zoning designation would intensify the use and result in potential changes to the historic structure. Ashland Planning Commission August 9, 2016 Page 2 of 4 Commissioner Pearce commented that changing the zone would require a comprehensive plan amendment and questioned how the city would address the applicable statewide planning goals, specifically Goal 2, and justify that there is a public need for this change. Commissioner Thompson stated there are a lot of similar areas in town where two zones butt up next to each other and asked if the parking lot was the compelling feature in this case. She voiced concern with the impacts described by the property owner but stated those impacts will continue even with a rezore. Mr. Molnar commented that when Mr. Potoki purchased the property he expected some type of commercial development, but did not anticipate one of the city's largest parking lots being placed there. He has asserted that a residential use is undesirable at this location. Mr. Molnar commented on resident concerns of changing neighborhood character by removing residential uses through the CUP process and stated as part of the city's discretionary review on neighborhood impacts and evaluating the target use of the zone, they have not approved a 100% commercial use in the R-2 zone. He added there were a few that tried, but they were all denied and the city has only approved commercial uses in the R-2 zone in conjunction with a residential use. Public Testimony Joseph Lusa/135 B Street/Voiced support for the Historic Commission's recommendation. Mr. Lusa stated changing the zone will exacerbate the existing parking, noise, and traffic problems and requested the city not change the zone. Dorothy Brooks/136 B Street/Stated the historic character of the neighborhood is important and voiced concern with commercial creep changing the character of the historic area. Ms. Brooks cited a petition they circulated and received 40 signatures opposing the change. She stated Ruby's and Gil's have radically increased the traffic and noise in the area and urged them to vote no on this zone change. Stan Potoki/150 N Pioneer/Stated he has operated a business at this location since 1989 and stated the two prior planning directors informed him that his property would be rezoned but moved on to other positions before following through. Mr. Potoki stated no one in their right mind would want to live on this property. He stated Pioneer Street is a commercial corridor and there is drug and alcohol use in the parking lot, as well as profanity and public urination. He stated people sleep in the lot and there are barking dogs, car alarms, and loud music being played. Additionally, the driveway is continually blocked due to the restaurant across the street and it is not safe to park or pull out. Mr. Potoki stated you do not want kids or families living here and it would be a better use of the property if it were not residential. Joe Collouge/111 B Street/Stated he does not understand how changing the zone on a map will have an impact on what's happening in the area. Mr. Collouge stated he is concerned a zone change will increase the number of vehicles parked on B and Pioneer Streets and questioned the property owner's motivation for this request. Jerry Brooks/136 N Street/Cited a petition they circulated and stated none of the people they approached were in favor of the rezone. Mr. Brooks stated rezoning the property is not a solution to the problem and voiced concern with chipping away at the character of the neighborhood. He stated he does not want a commercial use behind his house and stated this is not the only place in the city that is impacted by the types of people coming here. Marilyn Stewart/142 B Street/Voiced her support for the Historic Commission's recommendation and stated the zone should not be changed. Ms. Stewart stated zone changes should be based on need and there is no basis for this change. She stated there is enough commercially zoned property to meet Ashland's needs and the change would take away from the neighborhood feel. Ms. Stewart stated changing the zone could be devastating to their property values and she would not have purchased her house if she knew this was a possibility. She stated the homeless go to commercial properties at night because no one is there and making this change would just move those people further into the neighborhood. Ashland Planning Commission August 9, 2016 Page 3 of 4 Questions of Staff Commissioner Thompson asked staff if the unusual circumstances of this site would be justification for a conditional use permit that allows an exclusive commercial use on this property. Mr. Molnar responded that he believes there are grounds for this and Thompson commented that this would be a remedy that does not require amending the comprehensive plan. Deliberations and Decision Commissioner Norton commented on the driveway easement and stated if the property is zoned commercial they might have to modify the house in order to install a wide enough driveway. Commissioner Miller sympathized with Mr. Potoki but stated a zone change will not address the issues. She voiced support for the residential character of the neighborhood and stated commercial encroachment into the historic district is a concern. Commissioner Pearce agreed with Norton and Miller. He stated under the land use goals you need to have a public need to justify a zone change. He added if this property is rezoned to commercial at some point there will be pressure to redevelop the lot and intensify the use. Commissioner Thompson stated she can see how the impacts might be more tolerable to a commercially zoned property, but has a problem with the public need versus private need. She stated changing the comprehensive plan on a property by property basis is not something she is comfortable with and stated there is a workable solution through the CUP process. Mindlin agreed with the other commissioners and stated she is not seeing the public need in this situation. She stated it is very unfortunate that Mr. Potoki is having to deal with this situation but it has nothing to do with the zoning. She added there is a good background established for a 100% commercial use approved through the CUP process. Commissioner Brown agreed and stated there are other options to get this done. He stated the problems won't be solved by a zone change and this would just kick the can down the road. He stated the city has been a terrible property manager and recommended the city step up its efforts to address the problems occurring at this location. Commissioners Dawkins/Brown m/s to recommend denial of PA-2016-00309. Roll Call Vote: Commissioners Brown, Dawkins, Miller, Norton, Pearce, Thompson, and Mindlin, YES. Motion passed 7-0. ADJOURNMENT Meeting adjourned at 8:45 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission August 9, 2016 Page 4 of 4 City of Ashland Public WorksMagineering Department Traffic Study Report Pioneer St - Site: Eng - 08-2016 B & Thursday, 07/28/16 8:30 AM Lithia Wednesday, 08/03/16 4:00 PM Volume Grand Totals i Average Hourly Volumes x F north-bound south-bound Combined 12:00 AM 4.3 2.8 7.2 1:00 AM 3;5 22 5.7 2:00 AM 3.5 0.7 4.2 3 00 AM 1 2 0.8 2.0 r 4:00 AM 4.8 1.0 5.8 50O AM 2:8 4.2 7=0 6:00 AM 8.5 6.2 14.7 7:00 AM 32.5: 30:8 63.3 8:00 AM 46.8 52.3 99.2 11 9: O&AM 66' 7 69.0 135 3. j` 10:00 AM 80.6 87.0 167.6 1 11:00 AM 85.7 97.9 183.6 12.00 PM 96.0 93.1 189.1 1:00 PM 101:7 89.4 191,1 2:00 PM 80.4 83.4 163.9 3:00 PM 71 8349 155.0 4:00 PM 77.0 92.2 169.2 5:00 PM 65.0'. 90.2' 155.2 6:00 PM 82.0 70.3 152.3 7:00 PM 77.'51 55.5 133.0. 8:00 PM 41.7 46.0 87.7 9:00 PM 18 5 25.8 443.; 10:00_ PM 19.8 17.5 37.3 11100 PM 13.59.2 22.7. Average Daily Traffic (ADT) 1085.3 1111.4 2196.7 Volume Totals r north-bound south--bound Combined 7129 7307 14436 49.4 % 50.6% 3 1. R i7 3 a I' n L iE iR ig 3 • t Ij Pioneer St - B to Lithia - 08-16.rdf Report Date: 08/04/16 2:06 PM ti x r a O N O N t N ~-i O N A~A~ H AW W L o ~ ~ m o 0 s~ ~n s °o ~1-~ N J 0 4- N O N ~ L O N Sr a. ' N O Q. Q~ ~ L. Q N W G1 O O O O O O O~ ~ O v1 O v1 N N '-I i-i E-~HHHHHH H Ra ~4 q ~ ~ W 0.1 '-~COOOC000 H H H H H H H H H O x Q x x 4~~ x aHE=HHFFHH H~ H H o-r. H H a~.~aaa~a H H H H H H H H .,WWf-1~W'~Wf-1W ~ ~ ~ ~ ~ ~ ~ ~ HHHHE-~HH H z~nrn~nv~v~cn~nrn H'x~xxx~xx wwwwawwwr~ www ww zzz~zz~Z~ 00000000 aaa,c.aaaa F. ~ 00 00 ~ r. c ~ n 00 M 10 00 ti' 00 ~ N ~:7 00 N t/) r- C~'t 10 00 00 ~ G~ 0~ O O w ~ G1 Ot ~ G1 O O O ~ ~ N N N  i i a August 8, 2016 Dear Planning Commissioners, RE: PA-2016-00309 E. Y Thank you for your time and consideration on this very important matter before you. My name is Marilyn Stewart and I am a property owner adjacent to 150 and 162 Pioneer Street. My home is at 142 8 Street, directly adjacent to 162 Pioneer Street. I am completely opposed to the proposed zoning and comprehensive plan map change from Residential zoning to Commercial zoning. S is Most of the issues that are raised as justification for the zone change appear to be issues that could be mitigated for through alternative methods. Changing the zoning designation would not eliminate the k issues raised by Mr. Potoki but would have some very negative effects on the adjacent residential zoned R properties. Many of his complaints appear to be regarding the management of the City's parking lot property and the change in zoning will not change the management of the property. Additionally, the heavy usage of the parking lot will not go down unless the City decides to do something about the downtown parking g. situation. The change to a commercial zone could increase the amount of parking in the city lot. The current designation of the property as R-2 allows for business uses through a conditional use = G permit. The benefit of this is that it allows for the impacts of the proposed uses to be evaluated against r the intended use of the zone as residential units. The zoning within the Railroad Historic District also provides for retail in a limited scope. Again, the impacts of the uses are evaluated against the intended k' use of the residential zone. With a change to commercial zoning, the potential allowed uses are greatly increased. Some of the allowed uses are not compatible with residential uses immediately adjacent but the impacts to the residential uses would not be evaluated. Uses such as bakery or restaurant uses would alter the noises, odors, light pllution and hours of operation that all can have negative impacts on the adjacent residences. :r Y In addition to intensification in the allowed uses, the amount of lot coverage is allowed to be increased. f The required setbacks for structures is reduced. The height allowed for structures is increased. These permitted increases In footprint put additional pressures on the adjacent properties and reduce the . residential character of the neighborhood. r With the increases in the types of uses, the amount of traffic generated can be greatly increased without concern to the potential negative impacts on the adjacent residential neighbors. With the proposed zone change, every remaining residential lot will be directly adjacent to commercially zoned properties. As existing, both of the properties in question have considerable existing "business" footprint. It is unclear what benefits have been shown to changing the zoning that show the decrease in available residential housing stock is warranted. As a Realtor, I am very aware that Ashland has a lack of residential housing. Is there a true need for additional commercial property? It does not appear that a change in circumstances or that a public need to change the zone has; really been identified, the removal of two properties that have additional residential density potential is a serious issue that needs to be addressed by the applicant. Over the years, through the use of the conditional use permit, residences along B Street have been increasingly allowed business uses. This increases the traffic through the neighborhood. With the addition of more commercial uses, more vehicular impacts will be felt: on the adjacent streets. The B Street, Pioneer and First Street blocks have a lot of pressures from the commercial downtown upon them. From the traffic on B Street, to the on-street parking for downtown employees and business', increased commercial presence on Pioneer Streets by successful business in the commercial zone, all of the residential properties in the neighborhood feel the pressure. Allowing the zone change will further the increase pressure and increase the commercial creep into the historically residential zones. In addition to the impacts created by increased commercial uses, the physical alterations to the site (fire connections, railings, altered entrances, etc.) are incompatible with the development standards in the Railroad Historic District and mar the historic street view. Less residents reduces the pride in ownership and the neighborhood feel. With these above listed concerns, I do believe that the need for the zone has not been demonstrated by the application. There are mitigations that can be implemented to relieve some of the issues raised by Mr. Potoki. These include, creation of a storm water swale between the city property and Mr. Potoki's property. Increasing the fence height and fencing material between the property and the parking lot. Increasing surveillance of the city's parking lot. Increase patrolling of parking violations, repainting yellow and installing signs are also options to Mr. Potoki's driveway issues. These and other alternatives should be reviewed before the very permanent zone change is allowed. Thank you for your consideration to the concerns that are very real for those of us in the residential zone adjacent to the commercial zones. When we purchased our properties, the adjacent zones and the allowed uses were known. With the request, what was known and understood as to the potential impacts from our neighbors is now unknown and there are less protections provided to the rest of the block, than presently exist. Sincerely, Marilyn Stewart 142 B Street Submission to Planning Commission To: Ashland Planning Commission From: Concerned Railroad District Property Owners Regarding: Zoning Change Request for 150 and 162 Pioneer Streets Having recently learned of the request to alter the zoning for the 2 properties on Pioneer Street, a small group of residents of the area took the following actions: 1. Canvased a limited section of the neighborhood to test feelings about the zone change. Only one individual expressed a neutral view, no one expressed a favorable reaction, and the rest were opposed. See the attached 4 pages of individuals in opposition. 2. Communicated with the owners of the adjoining piece of property to 162 and even though one is currently in the hospital in San Diego and the other is away, they submitted a strong email in opposition to the change. 3. Attached also is an letter submitted by a concerned resident of B Street in opposition who took the time to write. 4. Several of us agreed to be here tonight to respond to your questions We do want to be clear. We concur fully with the recommendations of the Ashland Historic Commission urging denial of the request for zoning changes and encouraging the City to work with the petitioners to resolve their grievances. We are concerned about the issue of trust, one of the most important values a people can hold. When we purchased our properties each researched and determined its zone. Based on our findings, and trusting the area was stable, we agreed to the purchase. The change in zoning for these two properties has the very strong potential to lead to more such requests and could lead to a radical change in the composition of a very sensitive area in the RR District. We strongly request that you vote to maintain the current zoning., Thank you. Submitted by Marilyn Stewart, Gerald Brooks, Dorothy Brooks, Joe Lusa, Bonnie Lusa CEO' ~f City of Ashland lnfiormal Ashland Citizen Generated Petittoon Request to maintain the residential character at the Railroad District As residents of the Historic Railroad District we urge the Ashland Planning Commission and the Ashland City Council to support the Ashland Historic Commission and also vote against the request to change the Zoning of the residences lamed at 150 and 162 Pioneer Street from Residential (R2) to Commercial (C1), i Signature Date mrnfddlyr Print Name Address i E 3. g ? t fi C ~s.D A4" 4,)A 4404~41 v f MWI Lo janws- tors - 5• ti V 4 6• % lop • ter' )oy + Q ~ 1 • 1 ✓iA 7i 7?' f t&~ I-I'li I' i 10. Vlawr"s nature Circulator's N e Printed Date z ii Informal Ashland Citizen Generated Petition Request to maintain the residential character of the Raroad District As residents of the Historic Railroad District we urge the Ashland Planning Commission and the Ashland City Council W support the Ashland Historic Commission and also vote against the { request to change the Zoning of the residences located at 150 and 162 Pioneer Street from Residential (R2) to Commercial (CZ)_ Signature Date mmlddly' Print Name Address r ' I/, All 6 1 ~ I y~ I . r %~(j/w clonnA 04,eeI&AL 2_ i _ 4. 5-~Iwvwy ry L=Er= 6. orb I P14, 4AL { n 10. Circulator's Signature Circulator's Name Printed Date 4 K i 'I t li informal Ashland Citizen Generated Petition Request to maintain the residential character of the Railroad District As residents of the Historic Railroad District we urge the Ashland Planning Commission and the l Ashland City Council to support the Ashland Historic Commission and also vote against the request to change the Zoning of the residences located at 154 and 162 Pioneer Street from Residential (R2) to Commercial (C1). Signature Date mmiddlyr Print Name, Address AU1411LO : 4ij~ vat I OA 4. L IA)Q 107B r Zqq 87 7. s. " g 1 a a . 3 3 t7xz.- - Asia t,.j o Azi 13 5 14. 0 QV~ 64-42 ZeO d k -C &7 J//x Circulator's Signature Circulator's Narne Printed Date j i 1.- i a a S k { T 7 lrrlormal Ashland Citizen Generated Petition Request to maintain the residential character of the Railroad District As residents of the Historic Railroad District we urge the Ashland Planning Commission and me Ashland City Council to support the Ashland Historic Commission and also vote against the request to change the Zoning of the residences located at 150 and.162 Pioneer Street from Residential (R2) to Commercial (C1). Signature Date rnmtddlyr Print Name Address - • f 11,ft -Oxf-s- sc ,P lc. 2 l~ r ko 30 D14V-4L9 hZLQ-C-d 4. r tj. V-7 13, 5. 5~r JA 6.rf f t'" l ~j'` l j drift 6T - L'j~•~ t 7. 9. 10. I 111YJA&& *UlaforsAignature Circulator's Na Printed Date 1 i' i Gmail Dorothy Brooks <darthrooks@gFmdI.corn> Thoughts on the Proposed Pioneer St Zoning Changes 1 message Stacy Shelley <stacysheIIey@gmail.com> Fri, Aug 5, 2016 at 3:41 PM To: dartbrooksOgmail.com Tb Whom it My Concem, My name is Stacy Shelley and I am the owner of 123 B St. I am unable to attend the meeting in person to discuss the current proposal on the table so I am writing my concems instead. First off, the document sent out about the proposed change in zoning on Pioneer was a -bit misleading. While the diagram highlighted the 150 Pioneer lot,, it did not highlight the 162 Pioneer lot that is included In written description of the proposal. I had to look up the addresses to see it is actually two lots that are up for discussion in this proposal. As you are aware, there have been some major changes on Pioneer over the past couple of several years. Ruby's and Gil's, which were previously residential/small business when I moved here in 2002, are both successful restaurants that have brought increased traffic and noise to the neighborhood. There is also the new restaurant and wine bar going in where the Dry Cleaning business use to be. While there is a parking tot available for many of the patrons of these businesses, theme is a constant demand for parking on our block of 8 Street, not only from these businesses but Coop patrons, as well. Unfortunately, our street Is not marked for specific parking spaces and none of our driveways curbs are marked with the regulatory yellow 4 foot 'No Parking' zones. As a result, it is not uncommon to find cars parked into driveways up and down our block of B Street. Also, B Street residents without off street parking are constantly dealing with the challenges of finding parking close to home. one of my concems of this proposal is the likely hood-that additional commercial business will bring yet more traffic and noise into the neighborhood, negatively affecting the quality of living we all have moved here and purchased homes In this location for. The current zoning for these properties has allowed owners to provide a service to the community while still keeping the charm of the Historical Rail Road District. Opening up these i homes to 100'6 commercial development is bringing downtown into the district, with none of the infrastructure and regulation enforcement with it. The Historical Society is not in favor of this change and our community isn't either. i i Thank you, Stacy Shelley i of 1 08/0612016 07:42 AM ~'r% Aug 1B ~k. PM To: JeW Brooft --N@rbrDSOWn&c HiJeny, Megan hems - Ow kyou VERY VERY much for Ieidng us know abot* -we danl feceive any mall on island and t mm* use my WwR account fWrpg0n@gmaii.com Here's myftst Viougit atvAWyou should put in under my name - let me knowwhatyou ink.... you can also reach me on nth, moWe at 5613OM319 as rm In Sant Diego rung from SAY. 'OAS the r of 1W N Pioneer lad , 1992. and ownersince =4, an =4vMmftn damned as -Ithly S'ijMcaW %vhw *1wdh ftllftW waa p on the National Histoft Rehr- Iwanttosp mk in ft sbongeapa6;dhle too AGAiNSTOm iamixii- of9te2 ptqpSrriW un xn. dough wing fnxn stnrgeny at dw momwrt O d to dW 1o anand Sm mfg in person, S& 18 ante asttmwoM possible irtsukto the tasb & itrbeg*Of # neighbvr#tood since the dernoNon of"AddwW Aft" S~ Na m in 29" kw m asTiit Pkmges hat ~ , 411 -1 waS shtd town In 3977 (m rougWthe ln=on efthe Uw*q=Bank and tttect~y iostav~rarttnmte>r~ sprbngs in the Centeroftwm. lam St10d0E;d oW appWW AFfERtba sad„ tx,#e e-fie dsaraderefd o n 3l010d in cog the Dew Guidesww atw appjyftforiw *mW Hisoxic Regnsberstaftrs in 3x99 WOmante neigbborhvod with a+ tg Principle +af the tfpcunlerrt req ing t ~c3t of art~t R-2 use to r n the ree+lderNiat r:eighborttood dtaracMrof themW#Wsuch adearlybmuitpatnh'ble , request would be %Au ns it an nmch few be brought forward for a public heaftl Mh the u mea s~pthe daslnl IOn aka woe i tx~li as sued -1 reque:5l ate l nrting l Commbdon and the City COUMW and pennanently DENY this retpested dtpnge in w ft! 1 - Megan M WA owner and 24yoar resident of JW N Pkmeer (also Principle Agertaf MJD . l Jamestown -the omwof reaa d offs pmpedy) I'm not at alt seta bey edl~d ao let me kn*WWW dwff*wyau and Daradgr vido suggest t Mso vA probably be in Ashland low nod week i . Ntegan sia+re Siridcraratd 541.-944-6M steveObmse.net I i i l Re: PA 42016-00309 - Derek Severson https://outlook.office'65.com/owa/?viewmodel=ReadMessageltem&Ite... Re: PA #2016-00309 KATHERINE ABBETT <kaabbett@hotmail.com> Tue 8/9/2016 9:49 AM Inbox ToXATHERINE ABBETT <kaabbett@hotmail.com>; planning <planning@ashland.or.us>; Greg Lemhouse <greg@council.ashland.or.us>; hmiller@jeffnet.com <hmiller@jeffnet.corn>; sasetta@mind.net <sasetta@mind.net>; fhnorton527@gmail.com <fhnorton527@gma1l.com>; pearcer22@gmail.com <pearcer22@gmail.com>; Ikthompson@hotmail.com <Ikthompson@hotmail.com>; mstewart@windermere.com <mstewart@windermere.com>; bill.molner@ashland.or.us <bill.molner@ashland.or.us>; April Lucas <april.lucas@ashland.or.us>; From: KATHERINE ABBETT <kaabbett@hotmail.com> Sent: Monday, August 8, 2016 4:29 PM To: greg@council.ashland; mstewart@windermere.com Subject: PA #2016-00309 Planning Commissioners of the City of Ashland: am the owner of 164 and 164 1/2 B Street, Ashland, Or. since 1977. 1 will be adversely affected by a proposed zoning change on subject properties on Pioneer St. The subject properties are in view and back to properties on B Street residential living. Pioneer St. and the second block of B St. are the interface to the railroad residential houses. The same proposal was initiated 30 years ago and rejected for the same reasons it should be rejected at this time. C-1 zoning is inclusive of many types of businesses which concuct noise and lighting, garbage and disturbance to the quiet, peaceful enjoyment entitled to residential occupancy. The historic neighborhood residents seek livability and must be respected for a the quality lifestyle they deserve when they purchased a historic home near town. C-1 zoning would include business options that create more traffic, noise, and an extension of the hours of doing business that are incompatible with livability for residents. The applicant has expressed the same objection as everyone on B St will endure with a zoning change when the City of Ashland created a parking lot next to 150 Pioneer property. There was an application for a change denied at that time for the same problems an approval of this proposal would create at this time. C-1 zoning would change the ordinances required by R-2 regarding building restrictions. Set backs for construction and height of buildings have different requirements as I am experiencing with the construction of the condos at 175 Lithia Way. With the approved third story balconies, there is no privacy in our backyard and balcony views into our bedroom windows. Parking cars, car alarms and slamming doors and lights were expected objections but not clear views into our backyard and bedroom were expected. In addition, there would be no required reviews for permits that are now required by the conditional use permit for limited commercial use. 1 of 2 8/9/2016 9:51 AM Re: PA #2016-00309 - Derek Severson https://outlook.office365.com/owa/?vlewmodel=ReadMessageltem&Ite... Due to the extreme shortage of R-2 zoning and the need for affordable living in the City of Ashland, many planning members have contemplated and denied changes in previous planning actions. This presidents should be reviewed and analyzed for feasibility before considering a commercial need in the interface of residential housing. object to approving planning action 2016-00309 based on comprehensive planning, livability in the residential interface and the lack of need for more commercial use on Pioneer St. The commercial activity on the north side of Pioneer is conducted under C-1 zoning that was approved and mapped approximately 60 years ago or more. Thank you for considering my concerns in this important change, it is more than a USE change but the WRONG change for many long time residents of Ashland. Preserve the Railroad District and keep it a place to live and walk and sleep, please. Respectfully, ss// Katherine A. Abbett/Spierings 164 B Street Ashland, Or. 97520 541-951-1588 2 of 2 8/9/2016 9:51 AM I i Planning Department, 51 Winburn Way, Ashland, Oregon 97520 C I T Y OF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -,S H LA N D PLANNING ACTION: PA-2016-00309 SUBJECT PROPERTY: 150 N. Pioneer St. PROPERTY OWNER: Stan Potocki APPLICANT: City of Ashland DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi- Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. COMPREHENSIVE PLAN DESIGNATION: Existing: Low Density Multi-Family Residential, Proposed: Commercial; ZONING: Existing: R-2, Proposed: C-1; ASSESSOR'S MAP: 391 E 09BA; TAX LOT 11800. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday August 3, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: August 9, 2016 at 7:00 PM, Ashland Civic Center, 1975 East Main Street i PA #2016-00309 µ J~~ 7 1_ 130 N PIONEER ST SUBJECTPROPERTY Al j / CITY PARKING LOT ! f LL S Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305. G:\c3mm-dev\p1anning\P1anning Actions\Noticing Folder'Mailed Notices R Signs\2016TA-2016-00309.docx LEGISLATIVE AMENDMENTS, PLAN AMENDMENTS, & ZONE CHANGES 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: A. Type II. The Type II procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan designation was proposed, necessitating the need to adjust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an ac!`ion. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050.G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 1), above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 do not apply to Council initiated actions. 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. E I' l S k'- it i k r: A y GAcomm-dev\planning\Planning Actions\Noticing FolderlaMailed Notices & Signs\2016\PA-2016-00309.docx ASHLAND PLANNING DIVISION STAFF REPORT August 9, 2016 PLANNING ACTION: PA-2016-00309 ' OWNERIAPPLICANT: Stan Potocki/City of Ashland I LOCATION: 150 North Pioneer Street Map 39 lE 09BA, Tax Lot #11800 COMPREHENSIVE PLAN DESIGNATION: Existing - Low Density Multi-Family Residential Proposed - Commercial ZONING DESIGNATION: Existing - R-2 Proposed - C-1 APPLICATION DEEMED COMPLETE: August 2, 2016 F 120-DAY TIME LIMIT: Not Applicable a 3 ORDINANCE REFERENCE: 18.2 Zoning Regulations 18.5.9 Comprehensive Plan, Zoning & Land Use Ordinance Amendments REQUEST: A request for a Comprehensive Plan Map Amendment and Zone Change for the properties located at 150 and 162 North Pioneer Street. The current Comprehensive Plan Map designation is Low Density Multi-Family Residential and the Zoning is R-2. With the current request, the Comprehensive Plan Map designation would be changed to Commercial and the Zoning to C-1. No changes to the existing site improvements or their approved uses are proposed in conjunction with the current request. Y 1. Relevant Facts A. Background - History of Application 150 North Pioneer Street x In February of 2016, the City Council considered a request to initiate a zone change from R-2 (low-density multi-family) to C-1. (commercial) for the property r located at 150 Pioneer Street. At that time, it was noted that the Mayor had spoken with the property owner about the city having built a parking lot next to his R-2 zoned property in the late 1980's. The Council ultimately voted unanimously to approve Council-initiation of a Type III planning action for a zone change and comprehensive plan map amendment, and directed staff to complete, file and process the land use application. 3 Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 1 of 9 In April of 2005, a request for Site Review and Conditional Use Permits to construct a new residential unit with a proposed total floor area in excess of the Maximum Permitted Floor Area at the rear of the parcel, and to modify the existing Conditional Use Permit for the existing office use, was approved by the Planning Commission as PA #2005-00039. The approval included a Variance to the required driveway width for the existing shared driveway serving 150 and 162 f North Pioneer Street. In December of 1992, Planning Action #92-121, a request to change the zoning from R-2 Multi-Family Residential to C-1 Commercial, was denied by the Planning Commission and the City Council (see Staff Exhibit S.1). In June of 1989, Planning Action #89-070 was approved granting a Conditional Use Permit to allow Vocational Resource Consultants to use the main floor of the house at 150 North Pioneer Street as office space, with the second floor to be used x as an apartment. There are no other planning actions of record for this site. { B. Detailed Description of the Site and Proposal Site s The property is located at 150 North Pioneer Street, within the Railroad Addition 3 Historic District, on the east side of Pioneer between Lithia Way and B Street. The zoning for the subject parcel is R-2, or Low Density Multi-Family Residential. } This current zoning permits residential developments at a base density of 13.5 units per acre, and also allows a variety of other '.and uses through a conditional use and/or site design review applications. This would include but not be limited to short term traveler accommodations, professional services, office spaces and retail establishments limited in size. Site develoPwent is restricted to a maximum t building height of 35-feet and 2 %2 stories, with a maximum lot coverage of 35 percent. The lot is 8,363 square feet in size. It is 52 feet in width, and the lot depth is 160 feet. The property slopes slightly down to the northeast, with slopes of four to six percent. There are five existing mature trees on the site, as well as two street trees. There are two buildings located on the property with a historic home located at the front of the property and a second detached residential structure located at the rear of the property. The property is accessed by a shared. driveway located between 150 and 162 North Pioneer Street. The existing 2,305 square foot home, the `James W. Losher House', is considered to be a Historic Contributing resource in the Railroad Addition Historic District. The first floor of the house consists of 1,390 square feet of office space, which includes an approximately 175 square foot enclosed porch. The second floor of the historic house is a residential unit. A second two-story structure is located at the rear of the Y Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 2 of 9 parcel. The rear structure is approximately 1,170 square feet in size and is a residential unit. The city public parking lot sits adjacent to 150 North Pioneer Street, immediately to the south, and is under the C-1 (Commercial) zoning designation. The properties across Pioneer Street are also zoned C- 1, accommodating a handful of businesses including a 76 service station and auto repair business, Ruby's restaurant, Gil's restaurant and pub, and the De Launay House, a hotel/motel. Proposal For several years, the property owner of 150 North Pioneer Street, Stan Potocki, f has described in writing impacts to his property associated with its proximity to the city's public parking lot and more intense surrounding commercial uses. In addition, the owner has expressed concern over the appropriateness of residential 4 uses on the property given the proximity to the public parking lot. The current proposal, initiated by the City Council, would amend the existing ~S Low Density Multi-Family Residential Comprehensive Plan Map designation and R-2 Zoning designation, changing the Comprehensive Plan Map designation to Commercial and the zoning to C-1. No changes to the existing site improvements or their approved uses are proposed in conjunction with the current request. Existing uses would be allowed to remain in place until the property owner obtains Site Design Review approval to establish commercial uses on the site. II. Project Impact Chapter 18 of Ashland's Municipal Code, "Land Use", describes the process by which the City Council may initiate a land use application or planning action by motion in AMC i 18.5.1.100 "City Council or Planning Commission May Initiate Procedures." This section provides that, "The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III planning action by motion duly adopted by the respective body designating the appropriate City department to complete and file the application." A change in the zoning designation for a property that also entails changing the property's underlying Comprehensive Plan designation is considered a legislative amendment through a Type III procedure (see AMC 18.5.9.020.13) which requires a hearing before the Planning Commission to yield a recommendation to Council and final 4 approval through a hearing before the Council with adoption by ordinance. The Land Use Ordinance generally permits zone changes when it is found to be necessary in order to conform to the Comprehensive Plan or to meet other changes in circumstances or conditions, although Type III procedures are legislative decisions dealing with broader y policy issues and may be decided at the discretion of the Council. t The property owner argues that the construction of the public parking lot changed the status and situation surrounding his property at 150 N. Pioneer Street, and the new Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report OwnerlApplicant: Potocki/City of Ashland Page 3 of 9 conditions resulting from the public parking lot justify a change in zoning designation from Low-Density Multi-Family Residential (R-2) to Commercial (C-1). A. Zone Change Request As initially described in the February 16, 2016 council communication, the 1988 Ashland Downtown Plan provided a vision for the downtown and suggested a list of specific downtown improvements. Developing additional parking supply was included among the list of needed improvements. The Plan identified several locations where construction of public parking facilities should be evaluated and the property at Pioneer Street and Lithia Way was considered a key candidate. The City eventually acquired the property, designed and constructed what is now a 64 space public parking lot. It would become one of the largest downtown public parking lots, second in overall size only to the Hargadine Street parking structure which has 145 spaces. 4 The parcel immediately adjacent to the public parking lot is owned by Stan Potocki and zoned R-2 (Low Density Multi-Family Residential). In written correspondence from Mr. Potocki to city staff and members of the Council, he described a variety of adverse impacts over the past two decades that, in his opinion, have resulted from the close proximity of his property to the public parking lot, including noise, garbage, drug paraphernalia and human waste. 5 At its February 2016 meeting, Council unanimously approved the initiation of a Comprehensive Plan Map amendment and zone change for the property. In reviewing the meeting minutes under Council discussion, the Mayor and a couple members of ' the Council indicated that the property's zoning should have been evaluated in conjunction with the acquisition and development of the public parking lot in the early 1990's. The Planning Commission and Council considered a zone change for A the property in 1992 and ultimately denied that proposal (see Staff Exhibit S.1). In staff's assessment, there have been several changes in circumstances or conditions since that time which should be considered in evaluating a change to the Comprehensive Plan Map and Zoning designations. 3 • Public Parking Lot Construction & Intensification of Use In the late 1980's, the City of Ashland acquired the property immediately adjacent to 150 North Pioneer Street, at the northeast corner of Lithia Way and Pioneer Street. Shortly thereafter, the City constructed a 64-space public parking lot. Property acquisition and the construction of a public parking lot at this location were identified in the 1988 Ashland Downtown Plan - Phase 2 Action Plan as a key element to Y addressing downtown parking need. The use of this parking lot has intensified substantially since its construction. In the "Downtown Ashland Parking Study" conducted by Rick Williams Consulting in 2015, this lot was designated as Lot 926 and was looked at on a Friday afternoon and a Saturday evening in late August. In that study, parking utilization was consistently Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant; Potocki/City of Ashland Page 4 of 9 F t at 100 percent (i.e. no empty spaces). During four other surveyed times, parking utilization was at 96.9 percent meaning that only the two electric vehicle charging stations were unused (see Staff Exhibit S.2). As it currently exists, staff believes the subject property is the only residential property adjacent to a public parking lot that is separated by a six-foot residential side yard. And, as noted, the parking lot in question is one of the largest and most heavily-used public parking lots in the city. r y U • Surrounding Zoning, Adaptive Re-Use & Re-Development t o South, North, East & West The attached City zoning map (Staff Exhibit S.3) identifies existing zoning designations for the area, largely consisting of' C-1-D, C-1 and Multi-family residential. The parcel immediately south of the subject property accommodates _ the public parking lot and is zoned C-1 (Commercial). Properties immediately to the north are zoned R-2 (Low-Density, Multi-Family Residential). This designation extends up to and across B Street. The west side of Pioneer Street is zoned for Commercial and Employment uses down to A Street. o Adaptive Re-Use Across the Street to the West While zoned C-1 for some time, the two small buildings directly across the street g at 163 and 175 North Pioneer Street had previously been in long-established residential use. These two small residences were :recently converted to eating and drinking establishments (Ruby's Restaurant and Gil's Pub & Restaurant) with heavily used outdoor seating consistent with the allowed uses in the C-1 zone. Adaptive reuse of these two residences was achieved through a reduction in the required off-street parking made possible through the flexibility prescribed in Chapter 18.4.3 - Parking, Access and Circulation - of the Land Use Ordinance. t In addition, the former drycleaner located at '151 North Pioneer Street was a recently remodeled and converted into an art gallery. The property owner's original letter asking Council to consider initiating a re-zoning of the property is 5 included in the Planning Commission packets and details some of the impacts associated with the intensification of use of these properties. i' o Re-Development Along Lithia Way The heavily-utilized 64-space public parking lot directly adjacent to the subject property is connected to a private parking lot on the adjacent property to the southeast via easement. The private lot includes 56 surface parking spaces and 33 garage spaces. This property previously had a mix of uses including an outdoor lumberyard and small complex of office and personal services spaces, but has begun to re-develop in recent years with a mixed.-use development that includes the recently completed Plaza West building with ten residential units over ground 3 floor commercial space and recently approved and soon to be constructed Plaza x Central/East and Plaza North which include an additional 19 residential units over ground floor commercial space. 4 s t Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 5 of 9 The opposite side of Lithia Way between Pioneer and First streets has also seen significant redevelopment in the recent past. The two-story mixed use building located at 140 Lithia Way was constructed in 2001 (Yogurt Hut). The three-story mixed use building located at 150 Lithia Way (Chloe Salon) was approved in 2005 and includes retail commercial space on the ground floor and two residential units. The three-story building located at 180 Lithia Way was approved in 2004 and includes commercial retail and office space on the ground floor as well as parking in garages at the rear of the building. • Changes in Traffic Generation & Circulation Anecdotally, it certainly seems that traffic and parking demand have increased in the r vicinity as surrounding sites intensify their use. The Engineering Division has placed traffic counters on this block of North Pioneer Street and will have an up to date report on observed traffic levels in the immediate vicinity for discussion at the ,f delayed placing these counters k August 9, 2016 Planning Commission hearing. (Sta) previously because of a building being reconstructed at 151 North Pioneer Street, just across the street, to avoid any skewing of results by the construction project.) • Commercial Land inventory (2007 Economic Opportunities Analysis (EOA)) In a 2007 Economic Opportunities Analysis (EOA) conducted for the city by EcoNorthwest, a slight deficit of approximately six: acres in available commercial and employment land was identified over the typical 20-year EOA horizon. One of the key deficit areas identified was lots of less than one-acre in size. Given that the City recently entered into a Regional Problem Solving (RPS) agreement which ' indicated that existing city boundaries would be retained for a 50-60 year time frame, the addition of any C-1 zoned land - while not resolving the deficit - could certainly be found to be consistent with the identified. land needs. Historic Commission Recommendation As noted above, the subject property is located within the Ashland Railroad Addition historic district, and the existing home, the `James W. Losher House', is considered to s be a Historic Contributing resource in the district. The Historic Commission has not yet considered the proposal as this is being written. Their recommendation will be distributed at the August 9, 2016 Planning Commission hearing. 4 i Staff Evaluation and Recommendation S Public parking lots in Ashland's downtown are areas of intense activity, and the level of activity has and continues to intensify over time in conjunction with in-fill, adaptive re-use and redevelopment around the downtown. The parking lot adjacent to 150 North Pioneer Street includes 64 public parking spaces and easement access from { an adjacent private parking lot which is ultimately intended to serve 56 surface spaces and 33 garage spaces. The combined 153 spaces are larger than the 145 space Hargadine Street parking structure, Ashland's largest: public parking facility. Unlike other properties adjacent to public parking in Ashland, the property under consideration here is separated by a six-foot residential side yard rather than the more typical buffer of a public right-of-way (alley or street) or a larger rear yard. t i Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 6 of 9 In previously considering a zone change back in 1992, the Council ultimately determined that the existing R-2 zoning provided an important buffer between the more intense C-1 uses to the south and the historic Railroad Addition District residential neighborhood a short distance to the north, and that the Conditional Use Permit process provided adequate options for some measure of commercial use for the R-2 zoned commercial property. In addition, the Council determined that traffic increases from 1988 to 1992 were insufficient to warrant a zone change and that zoning should be looked at more comprehensively. In staff's view, this decision merits reconsideration at this time given the intensification of surround uses which has occurred in the interim. The existing six-foot residential side yard setback provides at best a minimal buffer between the intensity of the parking demand created upon the public lot by nearby C-1 and C-1-1) uses and the existing historic contributing resource on the subject property. In staff's view, the adjustment of the C-1 boundary a short distance to the north is likely to have minimal impact on the B Street corridor while providing considerable relief for the subject property. a For staff, the neighboring property at 162 North Pioneer Street should also be looked at in conjunction with the current request. While also zoned R-2, the property has ti had a small retail component on the ground floor consistent with the allowances of AMC 18.2.3.210 and in 2014 approval was granted to allow a single Traveler's Accommodation unit to be operated out of the upstairs space, with the property owner/manager to reside in the remaining downstairs space. The subject property and this neighboring property share a common driveway which straddles the property line between them, and in staff's view, particularly given the presence of established commercial uses and a shared driveway, it seems appropriate that any zone change should consider the inclusion of this property as well. In preliminary conversations with the property owner's family, they have suggested that they would be interested x in being included in the zone change. III. Procedural - Required Burden of Proof F The approval criteria for Plan Amendments and Zone Changes are addressed in AMC 18.5.9.020 "Applicability and Review Procedure" as follows: l F._ A. Type IL The Type 11 procedure is used for applications involving zoning map amendments consistent with the Comprehensive Plan map, and minor map amendments or corrections. y Amendments under this section may be approved if in compliance with the Comprehensive Plan and the application demonstrates that one or more of the following. f 1. The change implements a public need, other than the provision of affordable housing, supported by the Comprehensive Plan. 2. A substantial change in circumstances has occurred since the existing zoning or Plan a designation was proposed, necessitating the need to adfust to the changed circumstances. 3. Circumstances relating to the general public welfare exist that require such an action. 4. Proposed increases in residential zoning density resulting from a change from one zoning district to another zoning district, will provide 25 percent of the proposed base density as A Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 7 of 9 affordable housing consistent with the approval standards set forth in subsection 18.5.8.050. G. 5. Increases in residential zoning density of four units or greater on commercial, employment, or industrial zoned lands (i.e., Residential Overlay), will not negatively impact the City's commercial and industrial land supply as required in the Comprehensive Plan, and will provide 25 percent of the proposed base density as affordable housing consistent with the approval standards set forth in subsection 18.5.8.050. G. 6. The total number of affordable units described in 18.5.9.020.A, subsections 4 or 5, above, shall be determined by rounding down fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used to guarantee compliance with affordable criteria for a period of not less than 60 years. 18.5.9.020.A, subsections 4 and 5 t. do not apply to Council initiated actions. M1 B. Type /11. 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 Ill 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 111 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 11 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. IV. Conclusions and Recommendations The R-2 zone is designed for urban living at densities of 13 residential units and greater and intended to meet the city's need for rental and purchase housing. A variety of mixed- uses are allowed in the R-2 zone including limited retail and office, as well as travelers' accommodations when these commercial uses are shown to be appropriate and to enhance the neighborhood character. However in staff's judgement, changes and circumstances have occurred over the past two decades that require residential use of the property to be re-evaluated. Impacts brought about by construction of the public parking E lot and adaptive re-use and redevelopment in the vicinity have presented challenges to d residential living on the property. The C-1 designation allows for residential uses but does not require residential units. A change in the zoning of the subject properties will allow greater flexibility for the use of the property when considering the context of the n 2 surrounding area. Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 8 of 9 t Public parking lots in and around Ashland's downtown are areas of intense activity, and this intensity continues to increase with in-fill, adaptive re-use and redevelopment in the vicinity. The parking lot at Lithia and Pioneer includes 64 public parking spaces and easement access from an adjacent private lot which will ultimately serve 56 surface and 33 garage spaces. The combined 153 spaces is larger than the 145 space Hargadine Street parking structure, Ashland's largest public parking, facility. Unlike other properties adjacent to public parking in Ashland, the property under consideration here is separated by a six-foot residential side yard rather than a public right-of-way (alley or street) or a larger rear yard. Recent parking surveys indicate 100 percent occupancy in the public parking lot at Lithia and Pioneer in the afternoon as well as in the later evening. When a similar zone change was considered in 1992, the Council felt that traffic increases since the parking lot was built were insufficient to merit a change and that the R-2 zoning provided an important buffer between the downtown and the historic Railroad District while retaining adequate options for some commercial use for the property owner. In staff's view, this decision merits reconsideration at this time given the intensification of surrounding uses which has occurred in the interim. The existing six- foot residential side yard setback provides at best a minimal buffer between the intensity of the parking demand created upon the public lot by nearby C-1 and C-1-D uses and the existing historic contributing resource on the subject property. In staff's view, the t adjustment of the C-1 boundary a short distance to the north is likely to have minimal s impact on the B Street corridor while providing considerable relief for the subject property. Staff believes that the neighboring property at 162 North Pioneer Street should also be looked with the current request. While zoned R-2, the property has had a small retail component on the ground floor consistent with the allowances of AMC 18.2.3.210 and in i 2014 was approved for a single Traveler's Accommodation unit to be operated out of the upstairs space, with the property owner/manager to reside in the remaining downstairs space. The subject ro ertand this neighboring property a common drivewa J p p Y Y which straddles the property line between them, and in staff's view, given the presence of the shared driveway and the nature of the uses already in place, it seems appropriate that any zone change should consider the inclusion of this property as well. In preliminary conversations with the property owner's family, they have suggested that they would be interested in being included as part of the proposed zone change. Should the Planning Commission concur with staff, we would recommend that the { Commission forward a favorable recommendation to the Council with regard to changing the zoning not only of 150 North Pioneer Street but also 162 North Pioneer Street from the current R-2 (Low-Density, Multi-Family Residential) to C-1 Commercial. J f S 4 5 Planning Action PA # 2016-00309 Ashland Planning Division - Staff Report Owner/Applicant: Potocki/City of Ashland Page 9 of 9 BEFORE THE ASHLAND CITY COUNCIL December 1 „ 1992 S IN THE MATTER OF PLANNING ACTION #92-121, REQUEST FOR A ) ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FROM R-2 ) FINDINGS, .(MULTI-FAMILY) TO C-1 (COMMERCIAL) FOR THE PROPERTY ) CONCLUSIONS LOCATED AT 150 N. PIONEER STREET. ) AND ORDERS APPLICANT: STAN POTOCKI AND BRUCE E. McLEAN ) RECITALS: a k 1) Tax lot 11800 of 391E 9BA is located at 150 N. Pioneer and is zoned R-2; Multi-Family Residential. 2) The applicant is requesting a Zone Change and Comprehensive Plan Map E change from R-2 (Multi-Family) to C-1 (Commercial) for the property. A ` site plan in on file at the Department of Community Development. 3) The criteria of approval for a Type III amendment are as follows: z Type III amendments are applicable whenever there exists: a public need; 3 the need to correct mistakes; the need to adjust to new conditions; or where compelling circumstances relating to the general public welfare requires such an amendment. 4) The Planning Commission, following proper public notice, held a Public Hearing on October 13, 1992, at which time testimony was received and exhibits were presented. The Planning Commission recommended that the City Council deny the application. } 5)' The City'Council, following proper public notice, held a Public Hearing on December 1, 1992,,at which time additional testimony was received and exhibits were presented. . The City Council denied the K application. k Now, therefore, The Ashland City Council finds, concludes and recommends as follows: SECTION 1. EXHIBITS a f 4 For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on. the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that the proposed Zone- Change and F Comprehensive Plan Map change from-R-2. (Multi-Family) to C-1 (Commercial) for the property located at 150 N. Pioneer is not justified under the criteria of approval for a Type III amendment outlined in chapter 18.108.060 B.- 2.3 The City council finds that the existing R--2 zoning of the property provides s-a buffer between the concentration of commercial uses found to the south and the historic residential neighborhood to the north. The R-2 zone allows for a transitional area to develop along the zoning district boundary, by allowing a variety of businesses as conditional uses. The Council believes that the. conditional uses of the zone provide the property owner with several commercial options for the property, while protecting the residential neighborhood from excessive commercial encroachment.' e 2.4 The Council believes it is necessary to perform a comprehensive examination of the immediate area, and assess the need for additional commercial property, rather than proceeding on a lot. by lot basis. An accurate prediction of the impacts to adjacent properties is difficult without a concurrent development proposal for the site. T 2.5 The City Council does not believe that the increase in traffic from 19.88 to.1992'was so significant that-there exists the need to adjust to new conditions. The information provided by the Engineering Division showed that the surveys were compiled at the beginning and middle of the tourist season. This appears to be reflected in the percent increase in the number of daily trips over that period. Further, traffic flows along other residential streets in the area have increased at a comparable rate, indicating that the increase it not unique to Pioneer Street. f SECTION 3. DECISION 3.1 Based on the record of the Public Hearings on this matter, the Ashland City Council concludes that the proposed Zone Change and Comprehensive Plan Map change from R--2 (Multi-Family) to C-1 (Commercial) for the property located at 150, N. Pioneer is not supported by information in the record. Therefore, based on our overall conclusions, we deny Planning Action #92-121. e~ Mayor Date City Reborder Date k u ii i 1 t C t K s p 3 s i ' k j L j P ~i L~L R f } fj ti 5 RICK WILLIAMS CONSULTING Parking & Transportation CITY OF ASHLAND - DOWNTOWN PARKING MANAGEMENT PLAN OFF-STREET UTILIZATION RAW DATA SUMMARY Figure A Surveyed Lots with Stall Totals t b ~f 2 % D i t to `t { i i 1 1 r • 5 _ 4 I R ♦ # { Downtown Ashland Parking Study Study area boundary 2015 Ashland, Oregon W Ashland Off-Street Lots Xx - Lot Number RICK WILLIAMS CONSULTING (xx) - Parking Stall Total Parking & T r a n s p o r t a t i o n o=1s=sao Aso 1•170 1''2Et 11:00 PM-12:00 AM 100.0% Friday, August 21 10:00 -11:00 AM 0 23 Best Western (Garage) 10 100.0% 3:00-4:00 PM 6:00-8:00 PM Saturday, August 22. 11:00 PM -12:00 AM 0 100.0% 5:00 - 8:00 PM 24 City of Ashland Public Parking3 26 Friday, August 21 9:00 -10:00 PM 0 100.0/ 10:00 AM - 4:00 PM Saturday, August 22 5:00 -10:00 PM 0 100.0% Friday, August 21 10:00 -11:00 AM 0 25 City of Ashland Public Parking4 21 100.0% 2:00-4:00 PM Saturday, August 22 6:00 -10:00 PM 0 100.0% 26 City of Ashland Public Parking (4 hour 64 Friday, August 21 1:00 - 2:00 PM 0 parking) 100.0% Saturday, August 22 8:00 - 9:00 PM 0 23.1% Plaza West at First Place (Private 26 Friday, August 21 1:00-4:00 PM 20 27 parking) 23.1% Saturday, August 22 2:00 - 5:00 PM 20 80.0% 28 US Post Office 35 Friday, August 21 7:00 - 8:00 PM 7 74.3% Saturday, August 22 9:00 -10:00 PM 9 100.0% 29 Ashland Physical Therapy 6 Friday, August 21 4:00 - 5:00 PM 0 50.0/ Saturday, August 22 3:00 - 4:00 PM 3 75.0% 30 Christian Church of Ashland 24 Friday, August 21 12:00 -1:00 PM 6 91.2% Saturday, August 22 3:00 - 4:00 PM 2 42.1% 10:00 AM - 1:00 PM 31 Ashland Professional Center (Mixed 19 2:00-3:00 PM Office) Friday, August 21 4:00 - 5:00 PM 11 15.8% Saturday, August 22 1:00 - 4:00 PM 16 32 Fire Department/ Customer Parking 16 Friday, August 21 81.3% 3 3 On Friday, seven of the other hours surveyed, occupancy was at 96.2%, which means only one stall was unoccupied. This unoccupied stall is handicapped parking only. On Saturday, it occurs on one hour but with the same handicapped stall. 4 On Friday, nine of the other hours surveyed, occupancy was at 95.2%, which means only one stall was unoccupied. This unoccupied stall is handicapped parking only. On Saturday, it occurs over six other hours with the same handicapped stall. 5 On Friday, four of the other hours surveyed, occupancy was at 96.9%, which means only two stalls were unoccupied. These two stalls are Electronic Vehicle parking stations. 6 Table 1 Inventory of Surveyed Lots Address Lot Facility st~lls 1 Ashland Christian Fellowship 105 50 W Hersey St 2 Ashland Investment Services/ Well Spring Centre 43 108 E Hersey St 3 KSC Sanctuary 40 109 Clear Creek Dr 4 Delgado Medical Building 18 148 E Hersey St Clear Creek Healing Arts/ Raymond James Financial 5 Services 19 153 Clear Creek Dr 6 Mederi Centre For Natural Healing 34 180 Clear Creek Dr 7 Darex Corporation 75 210 E Hersey St 8 Darex Corporation (Gravel Lot) 60 210 E Hersey St (South of Paved Lot) 9 Hersey Street Business Park 165 300 E Hersey St 10 Fifth Street Dental Office 7 277 5th St 11 Ashland Yoga Center 13 485 4th St 12 Grange Co-op: Ashland 25 421 A St 13 La Baguette/ Hardware Cafe/ Rare Earth Store 39 340 A St 14 ACE Hardware 35 325 A St 15 A Street Prints and Parcel 10 258 A St 16 Ashland General Hardware 8 249 A St 17 Plexis Healthcare 44 340 Oak St 18 UMPQUA Bank 57 250 N Pioneer St 19 Snap Fitness/ Tot Restaurant/ Pet Pause 43 250 Oak St 20 Historic Ashland Armory Annex 23 208 Oak St 21 Plaza Inn and Suites at Ashland Creek 65 98 Central Ave 22 Best Western (Bard's Inn) 28 132 N Main St 23 Best Western (Garage) 10 Lithia Way and Helman St 24 City of Ashland Public Parking 26 31 Water St (West) 25 City of Ashland Public Parking 21 31 Water St (East) 26 City of Ashland Public Parking (4 hours) 64 150 N Pioneer St 27 Plaza West at First Place (Private) 26 175 Lithia Way 28 US Post Office 35 120 N 1st St 2 r O W ~ O N N O C ~i L W ~ N H ~ ~ p ~ ~ ~ ~ u~ V(~ U Z U U W~~~~~ o Z u a ~,1 ~ ~ ~a ~ s~ ~ ~ ~ p ~ b '~`~.f Q ~ ~J ~ ~ '.l Q ~ ~ ~ ~7 ~ ~ ~ ~ ~ . ~ Q ~ ~ ~ ~ a f ~ ~ ~ ~ ~ ~ Q ~w a ~ ~ ..w~`•. f r t`~ i I ~ f ~ Fad ~ ~r ~ ~ N t ~ ~ 0 ~ ~ ~ ~ \ ~ ~ If f ~ ~~i Mfr' ~ ? Z Q ~ ,~~r ~ j`~ ~J ~ ~ tl ' ~ ~ ~ ~ ~ V ~ o v~ t ~ ~ Q ~B ~ ~ ~ C~ ~ ~ ~ 1 v ~ V ` f tt Y £ mow,.'` t ~ t n ~ ~ i ~ ~ ~ ~ fin, ~ fj s~ ~ YYY e~, 4 i.._ ~`ti~. ~ 4 ~ ~ b - 6 ~ _ ~ ~ i'~~~ a '~c '~M b d  0 wor i P/9 - 74 MINUTES FOR THE REGULAR MEETING t ASHLAND CITY COUNCIL February 16, 2016 Council Chambers 1175 E. Main Street t 2. Council initiation of a zone change from R-2 (low-density multi-family) to C-1 (commercial) for the property located at 150 Pioneer Street i Mayor Stromberg had talked with Mr. Potocki who had a City parking lot built next to his R-2 zone property. The Planning Director at that time said the City would rezone his } property as C-1. Twenty years had passed and nothing had happened. If Council F approved this change, it would go to the Planning Commission for their recommendation. Community Development Director Bill Molnar explained there was always a chance of issues rezoning a property but did not think there were any negative ramifications regarding 150 Pioneer Street. He recommended C-1 zoning because that was the adjacent commercial zoning and thought the property would be conforming. Councilor Rosenthal asked if this was an appropriate time to consider changing the zoning for Pioneer Hall and the Community Center. Mr. Molnar responded staff could evaluate the K properties. Councilor Voisin raised a point of order and questioned why/ Council was discussing two properties not on the agenda. Mayor Stromberg explained Councilor Rosenthal was considering making an amendment to add the Winburn Way properties to the proposal since they all pertained to zone changes to C-1. Councilor Voisin/Morris mis to approve the initiation of a Type III planning action, zone change, for the property located at 150 Pioneer Street and direct Community Development staff to complete, file and process the land use application. DISCUSSION: Councilor Voisin thanked the Mayor for bringing the issue forward. The request was a win-win for the City and Mr. Potocki. Councilor Morris also thought it was a good idea that should have occurred years before. Staff should evaluate the Winburn properties separately. Councilor Marsh supported the motion. Roll Call Vote: Councilor Morris, Rosenthal, Marsh, Lemhouse, Seffinger, and Voisin, YES. Motion passed. r b S. l 9 A CITY OF ASHLAND Council Communication February 16, 2016 - Business Meeting Council Initiation of a Zone Change from R-2 (low density multi-family) to C-1 (commercial) for the property located at 150 Pioneer Street FROM: John Stromberg, Mayor, johnli~council.or.us SUMMARY The Mayor has requested Council initiation of a zone change for the property located at 150 North Pioneer, immediately adjacent to the city public parking lot. If initiated by Council, Community Development staff would prepare the land use application and an analysis of the request. A public hearing would be scheduled before the Planning Commission with their recommendation forwarded to Council at a public hearing for a final decision. BACKGROUND AND POLICY IMPLICATIONS: The 1988 Ashland Downtown Plan provided a vision for the downtown and suggested a list of specific downtown improvements. Developing additional parking supply was included among the list of needed improvements. The Plan identified several locations where construction of public parking facilities should be evaluated and the property at Pioneer Street and Lithia Way was considered a key candidate. The City eventually acquired the property, designed and constructed a 75 space public parking lot. It would become one of the largest downtown public parking lots, second in overall size to the Hargadine Street parking structure at approximately 145 spaces. The property immediately adjacent to the public parking lot is owned by Stan Potocki and zoned R-2, low density multi-family. In written correspondence from Mr. Potocki to city staff and members of the Council, he describes a variety of impacts that, in his opinion, result from the close proximity of his property to the parking lot, including noise, garbage, drug paraphernalia and human waste. Area Zoning The property located at 150 Pioneer Street is zoned R-2; low density multi-family. This current zoning designation permits residential developments at a base density of 13.5 units per acre. The R-2 designation also allows a variety of other land uses through a conditional use and/or site design review applications. This would include but not be limited to short term traveler accommodations, professional services, office spaces and retail establishments limited in size. Site development is restricted to a maximum building height of 35-feet and 2 '/2 stories, with a maximum lot coverage of 35 percent. Page 1 of 3 ~r CITY OF ^ASHLAND The city public parking lot sits adjacent to 150 N. Pioneer, immediate to the south, and is under the C-1 (Commercial) zoning designation. The properties across Pioneer Street are also zoned C-1, accommodating a handful of businesses including 76 service station and auto repair, Ruby's restaurant, Gil's micro-taps brews and food, and the Delauney House. Previous Land Use Approvals -150 N. Pioneer Street For several years, the property owner of 150 Pioneer, Stan Potocki, has expressed concern and described in writing impacts to his property associated with its proximity to the city's public parking lot and more intense surrounding commercial uses. F S Procedure Chapter 18 of Ashland's Municipal Code, Land Use, describes the process by which Council may initiate a land use application or planning action by motion. 18.5.1.100 City Council or Planning Commission May Initiate Procedures The City Council or Planning Commission may initiate any Ministerial, Type I, Type II, or Type III planning action by motion duly adopted by the respective body designating the appropriate ` City department to complete and file the application. A change in the zoning designation for a property that also entails changing the property's underlying = Comprehensive Plan designation is considered a legislative amendment, subject to final approval by { Council. The Land Use Ordinance permits such zone changes when it is found to be necessary in order `t to conform to the Comprehensive Plan or to meet other changes in circumstances or conditions. Mr. Potocki argues that with the construction of the public parking lot the status as well as situation } surrounding his property at 150 N. Pioneer Street has changed considerably, and the new conditions resulting from the public parking lot justify a change in zoning designation from multi-family (R-2) to commercial (C-1). z a 3 COUNCIL GOALS SUPPORTED: t N/A FISCAL IMPLICATIONS: Community Development staff resources will be directed to prepare.. analyze and process the land use application. A land use application fee will not be assessed to the property owner. RECOMMENDATION AND REQUESTED ACTION: I move to approve the initiation of a Type III planning action, zone change, for the property located at 150 Pioneer Street and direct Community Development staff to complete, file and process the land use application. Page 2 of 3 f r CITY OF ASHLAND SUGGESTED MOTION: [Write out the motion we propose to have the Council make. This should be written so a Councilor can make his/her motion by simply reading this section aloud. If the item is for discussion only, write "N/A." If there is no staff recommendation, you can provide multiple suggested motions.] ATTACHMENTS: • Map of downtown and surround area zoning designations • Map of existing public parking facilities • Letter from Stan Potocki - 150 North Pioneer Street y a i r, e f e f a i k E h Y r a f' R ~F Y Page 3 of 3 ~r i City of Ashland Attn: Dave Kanner, 51 Winburn Way Ashland, OR 97520 Re: Mitigating economic losses, expenses, and impact of having city of Ashland as my next door neighbor I Greetings, j A brief word of introduction: I am a small business owner, employer, and property owner. I have lived in Ashland for almost 40 years. I have operated a business, Vocational Resource Consultants, for over 25 years. My business is located at 150 N. Pioneer Street. This is directly adjacent to the largest city of Ashland parking lot downtown. I am writing as it has been increasingly burdensome and costly to have the city of Ashland as my next door neighbor. I am hopeful that some action can be taken to mitigate the impact of having the city of Ashland as my neighbor. I will address specifics in this letter involving problem issues along with my requests for resolution. I will very briefly summarize some historical issues as you understandably would not be aware of those. On a personal note, is that I am a very reasonable person. I have an excellent relationship with all of my neighbors both here where my office is located and at my home. In contrast, having the city of Ashland as a neighbor is an entirely different matter. The past 12 months have been even more problematic and costly than the norm and that is what has prompted this letter. I will address problem issues during the past 12 months and then itemize overall problem solving issues which I would like to request your assistance in having resolved. Past 12 months, property damage and expenses: 1. Large tree falling from city of Ashland parking lot directly onto roof of home on my property. Outcome: City of Ashland advising me that they have no accountability for that and that all incurred losses which I sustained are my problem. 2. Faulty irrigation system at parking lot resulting in absolute jet of water on a home on my property. I made multiple calls to ask the city to simply confirm that they would turn off the irrigation system until it could be repaired. Took three days to get a return phone call. I 3. Further major property loss to the two buildings on my property from the heavy rain in July. The parking lot is perhaps an acre of impervious surface. It is not engineered to have proper drainage. It became a one acre man made lake, debris accumulated, and a huge amount of water overflowed the banks of the parking lot at the lowest part of the lake/parking curb which is immediately adjacent to my property (please see attached photos). k This resulted in significant understructure damage to both of the buildings on my property. The water washed out screened off areas from the understructure from the front house which allowed debris to flood in under the front house. Water pooled up under the rear home on my property as well which resulted in significant' damage to the wood floor in that house. Visually, the large parking lot was truly a large lake which did not drain. The spill over point of the dam of the lake was in the middle of my property. A r By the time I arrived at the Pioneer Street office the next morning, the city crews were w cleaning the drain system which did not do what it is supposed to do. As a result, heating and air conditioning ducts were soaked and damaged under the front house which had to be replaced. } I first had to hire a contractor to clean out the debris and repair the screened off areas where the huge volume of water had flowed under the front house. The initial expense was $275.95 (receipt attached). This also resulted in an ongoing absolute stench for a couple of weeks which impacted business operations. Doors and windows had to be left open to attempt to mitigate the stench which resulted from flooding. 5 t I then sustained loss of income in order to deal with all of these issues as I perform G consulting work and work on a billable hour basis. I contacted a number of heating and E Ij R air conditioning companies to request quotes to repair the soaked ducts. I then paid Glacier Heating and Air $627.00 (receipt attached) to repair the damage. As noted, the back home on my property also sustained damage due to flooding from the parking lot. Water pooled under the rear house which caused significant damage to the wood floors. The wood floors have cupped and need to be repaired. I obtained a quote from Gallery Floors (copy attached) in the amount of $1,370.00 to repair the floor. I contacted the city of Ashland and met with the acting city administrator and loss control 1 manager. I then followed up and filed a claim which was denied by City-County Insurance Services (letter attached). The letter notes that "the drain was clear, unblocked, and functioning properly. The drain was simply overwhelmed by the volume of localized rain that fell." i Y 2 1 F C t 3 That is not true (please refer to attached photos). The drains did not function properly and great deal of debris backed up. A subsequent email from the city of Ashland confirmed that the parking lot drains have not been working; properly for the past several years. In addition, clearly (again, please refer to photos) the: one acre impervious surface was not engineered to drain properly. I am in the process ofassessing my response to the attached letter of denial. The issues referenced are simply those which have transpired during the past 12 months. I will address my requests for resolution: Parking lot drainage: 1 Request: Would you please re-engineer the drainage system for the parking lot as it A clearly not sufficient so that i do not incur further property damage loss directly from flooding from the parking lot. Parking lot irrigation and tree maintenance: { Request: Would you please monitor the soundness of trees and trim trees as needed in k the parking lot so that they do not fall on homes on my property and cause further u property damage. Next Issue: Being a responsible neighbor and monitoring what transpires in the parking lot: Explanation: We have had multiple, multiple ongoing problems which have included people coming over or through the fence into my backyard, vandalism, attempted forced entry (resulting in a tenant moving), drug use in our backyard from people hopping the fence, drug l paraphernalia being left behind on multiple, multiple occasions (please see attached photos), etc., etc. Also, on an ongoing basis, barking dogs are left in cars for hours, car alarms go off for 5 lengthy periods of time, transients urinate and sleep in the bustles on the property line which ~ is only 6 feet away, etc. Request: Would you please monitor the parking lot to attempt to mitigate those very significant problem issues. R Next Issue: Access to the use of our driveway: Explanation: Our driveway on Pioneer Street is regularly blocked on a daily basis. This is because of the busy commercial area where we are. Many individuals decide that the most logical thing to do is to park in front of our driveway and block the driveway when picking up an order from Ruby's across the street. 5 3 M I § 1 C Clarification and please understand the following: I have no problem with Ruby's and support their business. They're good folks and it's not their fault, just a percentage of thoughtless patrons. Having our driveway blocked is a daily event. Please quickly understand that parking enforcement, painting the curbs yellow, installing tow away signs, etc., doesn't work. For further information, please refer to attached 7/28/14 letter to the Planning department. In that letter I note my support for Ruby's as a good neighbor and l asked the city of Ashland to mitigate the driveway obstruction issue. 5 Please note that this is not an irritation or an annoyance, it is instead truly a safety hazard. There have been countless occasions when there have been near misses when drivers exiting ' L our driveway almost collide with vehicles traveling down Pioneer Street. That is simply because it is not possible to see oncoming traffic because cars block the driveway. It is therefore sometimes only possible to nose out extremely slowly, essentially a blind exit, due to obstruction. ` To further add some degree of irony to the overall situation, city of Ashland employees are included in the group of thoughtless people who block our driveway and park their vehicles a to grab a breakfast burrito (please see attached photos). Et to Bra ite? There is, indeed, irony. Although curbs have been painted, tow away signs have been posted, x and even though tall physical barricades are placed in front of the driveway (see attached photos), it doesn't seem to deter some city of Ashland employees who are in need of a 911 breakfast burrito. Please note that I have zero interest in seeing any city employee reprimanded. That is precisely why the photos simply depict the vehicles and not the employee. I just simply would ask that the city of Ashland vehicles don't block our driveway to get their breakfast burritos or burgers. 1 a Request: Please ask your city employees to not block our driveway. Note: enforcement by ticketing vehicles doesn't work. There is no point in calling the police as the response time doesn't work. We have a continuous stream of five to ten minute parkers s` who block the driveway. Please problem solve what needs to take place so that our driveway is not blocked. Next Issue: Zoning: Explanation: In 1989, there was a home located next to my property (where the city of Ashland parking lot is now located). Downtown has evolved to where Pioneer Street is k entirely commercial. 4 ,d g ~ n b i My property, 150 N. Pioneer Street, is ironically zoned R-2. In 1989, I met with John Fregonese, the planning director at that time. The obvious impact of the proposed parking lot going in next door was discussed. John advised me that he clearly understood the impact that he would rezone our property within a couple of years to commercial for obvious reasons. You who are reading this letter do not know me. I would sinnpl;y say that I work on what you could call an "old school" basis. If I shake your hand, look you in the eye, and tell you I'm going to do something, I will do it. Rezoning had not taken place by the time John Fregonese left employment with the city. John McLoughlin, the subsequent planning director, then advised me that he clearly x recognized the need for rezoning downtown and for my property specifically. 3 - He related that the planning department was directed on so many other projects by the city E council that they just could not ever get around to addressing that matter directly. John noted h that the most effective means of resolving matters would be for us to simply apply for rezoning, pay the fees for that, and that the Planning department would support that entirely. This is going back about 15 years or so. We hired hick Vezie, a designer. He followed up very closely with city of Ashland planning staff in order to assist in the application process and to design a proposed structure for the rear of the property. Rick is very experienced and ' he worked closely with city staff. He confirmed their ongoing support and agreement involving all of the proposed changes involving the design of a building and rezoning. 1 ~E We incurred thousands of dollars of expenses involving that. Then, at the very last minute, u during a planning commission meeting, the planning department related that they had decided that they were more ambivalent and it was then not formally approved. i In recent years, the mantra from the planning department has been that they fully recognize } the need to revisit zoning downtown but that they have been directed in many other directions by the city council and just never have the time to revise needed downtown zoning F adjustments. I don't know exactly but I would guestimate that downtown zoning has not been addressed (i.e., zero action) by the city for perhaps a half century. Our property is clearly no longer residential. The city has commissioned countless studies over the years, some of which are extremely extensive and provide highly detailed recommendations. I still have copies of very comprehensive studies which were commissioned by the city. 4 fr However, absolutely nothing has actually ever been done. It is time for the city to actually act. on rezoning downtown. Request: Would you please revisit and address needed revisions to downtown involving i zoning including the zoning of my property to commercial. M 5 L tGc 1 if i[ rFy 4 ' 3 C~ Next Issue: Fence and wall between parking lot and my nrc► er : It's come to my attention from a surveyor that the city of Ashland parking lot wall/fence has actually been built partially on my property. Request: Please retain the same design and please move the city of Ashland wall/fence so that it is not on my property and is instead where it should be, on the city of Ashland's property. 1 appreciate your timely response to issues outlined. Sincerely, Stan Potocki (541-482-8888 or 541-890-4339) Encl: 7/23/15 email to city administrator Photos 7/28/14 letter to planning department Claim denial letter from City County Insurance Services Receipts cc: Ashland City Council, Greg Lemhouse, urei,~'ir'cOutlcil.ashland.ur.us; Pam Marsh, Pzu17(1I)council.~ishlaiul.01-.us; Michael Morris, mikes i-council.asllltiiid.or.us; Rich Rosenthal, rich(cr)counc:il.ashland.ot-.us; Carol Voisin, c,11-01 (ci~c01.1116 l.as11 1,111d.0r.us; Stefani Seffinger, sic111ini(c counci1.ash]arid.or.us City of Ashland Mayor: John Stromberg, iullll(«!couiicii.aslil~ind.or.us; sp$city of Ashland 090815 I' 6 v !!!y ~ ~y,C,•...r - ~ ,111 }+••1111 ~ ~ ~ { ; ~i ~ • i ; ~ ' j } :,mot: f i' *k "'Ili • ~ ~ 4~-15 ; t' r p►S lit k f*,. h ILI' t A-A I I ~w low all 1 1 1 i 'tip , ~ r / r 1* r ~ , c r _ _ ~ ! . t~ 1• ! -fir' i ~ • F f I t r t i ~ , r-. .r 1 ~ ~ it H i ~ J 'r• r f j` Y ~ y ^r I w 1~ wr?G ia' dt ~ f ► + I • ! 1 tf 11 r'. 1 , 4 1. r -'+Y•.!. 411 wJA M 1 I I - { ` t? i • t < 1 - --,~~,-s,Y~ ~ ' f~'• 1. STr~_.. tar:, I•i '3;14. t ~ •M~~ ~ ~1~ .t 1 ~ ~1 111'1 w & , Nil • q ` t ` ' I,~ ~ a~ J WwUCAYWI ( Y~ en~rwranco ,r„~,1 u ~ ~ tp1 1 ~ L 1 •`I ~ ~ y~• _ •a. _ a _ A _ 4 "e J y` dy a ~,w rti' ~ r' 1, 14 Y ~s • ~ Ali 1 ~ ~ .t / r y{; .,.eke .r 1`1 a ~y'• 4. 1 t r., f 1 . 4 ter y~ ~ ( ! ~ ~ .r_ _ ~ 1 _ ~f~ •*~s1 ~ 1> ~ k j~ - ~ tr,n i (s ~ A `~~t ~ ~ ~ ~ 'A qq 1 , ~ `e+. ~ f ' V ,may; . 1 -ate ~ ~ tle , • !t t- i.r ~yy ~ ~ J ~ e." i° I`r ~ 2 Ih - ~ ~ _ t ~ ~ ~?L J 3 .71ER HEAT WO-3 AND AIR SERVICE ORDER 3245 HANI EY !?{3AL) H VV-A--.C CEN'"RAL POINT, OR 97502-14?2 INVOICE (51211) 734-4489 Fax (5410 664-7999 BILL To n woRK is TO of S ❑ GO.D. ❑ CHARGE ❑ NO CHARGE IAAKE MAKE > f1j Cl r ~9~Lo MODEL MODEL SERIAL NUMi3ER SERIAL NUMBER , s tvArdE sT~E~U 511, DATE ENVIRONMENTAL CHECK LIST RECOMMENDATIONS A CITY Y PROMISED WOAK PERFORMED QTY. TYPEIDISPOSITIOh ❑ RECOVERED CALL BEFORE ❑ A.M.} P.M. ❑ RECYCLED 3 TECHNICIAN AUTHORIZED BY ❑ RECLAIMED i WO TO PERFORMED 0 RETURNED n~•v-~ Vj 6- ❑ DISPOSAL a PO ' ❑ DISMANTLED TOTALS ❑ CHANGED OUVREPLACED x A QTY- MATERIALS & SERVICES UNIT PRICE AMOUNT DESCRIPTION OF WORK PERFORMED % REFRIGERANT R. L85. = i ktC7) iD Ot tr C 1CA • i • I F I FILTERS X X > FILTERS X X r'; j l P pa ' r lvI / 1 ~ f BELTS ~ 1 i ~ I TOTAL MATERIALS s HRS. LABOR RATE AMOUNT I i LIMITED WARRANTY: All materials, parts and TOTAL LABOR equipment are warranted by the manufacturers' or TOTAL SUMMARY trFAMS s I BALANCE I7'3 O PEf,0- T, 18% ON UNPAID BALANCE. suppliers' written warranty only. All labor performed µ by the above named company is warranted for 30 TOTAL days or as otherwise indicated In writing. The above MATERIALS named company makes no other warranties, TOTAL express or implied, and its agents or Iechnlclans are LABOR ~ I have aulhonty to order the work outlined above which has been satisfactorily complowd. l agree that not authorized to make any such warranties on Seller retains title to equiprrrentimalarials furnished until final payment is made. It payment is not made as agroad, Seller can remove said equipmonUrrlalarials at seller's expanse. Any damnrie resulting From behalf of above named company. @ 'r saidpmovaT all pot bo the rosponsibilit of Salle?. k ❑ REGULAR ❑ WARRANTY h` TAX Ij F ,r J' { ❑ SERVICE CONTRACT CU$TORtEttSlG ATURE DATE' ~61 ~q I ptu TOTAL n Y 5 VXENT PETERSON CONSTRUCTION & HOME REPAIR CCB#179595 InvoiG f 7275 RAPP LANE TALENT, OR 97540 Date Invoice # 7131/2015 6133 Bill To E Stan Potacki 2020 Crestview 1 Ashland, OR. 97520 Y i - i P.O. No. Terms Due Date Account # Project 4 6 Due on receipt 7/31/2015 Description Qty Rate Amount z For work done at 150 Pioneer St. Ashland OR.97520 0.00 0.00 h 7121115 Labor 1.5 45.00 67.50 7122115 Labor 2 45.00 90.00 F K 7122115 Crawl house to inspect for water damage. 100.00 100.00 Spread charcoal to get rid of oiler. Materials cost 18.45 18.45 I! gg 3 9 7 4 g i Y 3 Total $275.95 Payments/Credits $0.00 Balance Due $275.95 z L d l View Received Estimate:: Aynax.corn http://www,aynax.com/pd8w-gdzk-i2um.est aynax.c®m View Estimate ! E Print PDF Decline Accept f F Gallery Floors ESTIMATE 1433 Lonnon Rd. Grant Pass Q CCB 161003 I Y ' YYYYYY~ t 1 Stan Potacki Estimate # 0000018 152 Pioneer St i Ashland,Or Estimate Date 09/01/2015 i y s 3 • T _ Item Description Unit Price Quantity Amount Service Sand/coat wood floors,due to water damage, using three 3.00 440.00 1,320.00 coats of oil based polyurethane e Service Hang plastic in kitchen 50.00 1.00 50.00 _ y t' Subtotal 1,370-00 Total 1,370.00 t Amount: Paid 0.00 i 'Estimate $1,370.00 s` i 2 ti S i { k F 1 of 1 9/2/2015 8:15 AM 1 1 r - citycounty insurance services www.cisoregon.org July 27, 2015 Mr. Stan Potocki PO BOX 217 2So North Pioneer Street Ashland, OR 97520 a i NAME OF INSURED: City of Ashland CLAIMANT: Potocki FILE NUMBER: GLASH2o15o67133 DATE OF ACCIDENT: 717/15 Dear Mr. Potocki: We have completed our investigation of the cause of the storm water flooding to your property and the City of Ashland's storm water management and maintenance practices. A maintenance crew inspected the storm drain located in the parking lot adjacent to your property. The crew noted that the drain was clear, unblocked, and functioning properly. The drain was simply overwhelmed bythe volume of localized rain that fell in on the above captioned date. We do not feel that the City of Ashland's storm water management practices were a factor in your loss as our review indicates that there were no maintenance issues with this drain. This evidence leads us to believe that our insured is not liable for your damages. Under the circumstances, we must respectfully deny your claim. If you have any questions about our decision, please feel free to contact me using the information at the bottom of this letter. , Ael Ramm, MBA, CPCU, AIMS, LPCS Eric Senior Property Claims Consultant i CC: City of Ashland Eric Ramm, MBA, CPCU, AINS, LPCS PO Box 1469, Lake Oswego, OR 97035 Senior Property Claims Consultant A Membership Service Of Phone: 503.763.3872 - Fax: 503.763.3972 Email: eramm®cisoregon.oLg C M" LEAGUE Toll Free: 1.800.922.2684 x3872 A,mcla11011ul U Oregon orepau eouaUc. C I T I E S i Stan Potocki From: Stan Potocki <stanvrc@mind.net> Sent: Thursday, July 23, 2015 10:20 AM To: 'Sharlene Stephens' Cc: 'dave.kanner@ashland.or.us' Subject: FW. Inadequate drainage, city of Ashland parking lot, property damage 150 N. Pioneer St. Attachments: P7090488.JPG; P7090489.JPG; P7090490JPG; P7090491JPG; P7090492JPG; P7090493.JPG; P7090494.JPG i Hi Sharlene, I am writing in order to follow regarding property damage. You and Lee were able to view that firsthand when we met. I would like to go ahead and file a claim. Please see email below to Dave Kanner which summarizes initial Issues. I had a contractor fix the washed out understructure access entry points and get debris out from under the house which was swept there by overflow from 4 the water from the parking lot. He relates that some of the heating and air conditioning duct work is wet and needs to be replaced. I called a heating f and air conditioning company and they will be coming out to further assess extent of damage and provide an estimate. Also, the rear house on my propery was damaged by excess water flowing under. The wood floors are cupping up in a r large area on the main floor due to that. I am waiting for a wood floor contractor to come out and further assess and provide an estimate. There Is still a stench in the building even now and we have to open doors and windows to try and z~ air that out. The contractor said that is probably due to the wet ducts. F, In the meantime, I would like to initiate the process to file a claim. Sharlene, in case you or anyone needs to reach me, I will be in my office today (541-482-8888, cell: 541-890-4339). I will be leaving town tomorrow and will not be checking emails from 7/24-8/1/15. Thanks. t i From: Stan Potocki [mailto:stanvrc@mind.net] Sent: Tuesday, July 14, 2015 10:24 AM To:'dave.kanner@ashland.or.us' n F Subject: Inadequate drainage, city of Ashland parking lot l 1~ r ~Y 3 Dear Dave, I left a message for you by phone and 1 understand you are out of the office. When you return, l am writing in order to request your assistance involving resolving drainage Issues at the city of Ashland parking lot next to our property at 150 N. Pioneer Street. C Q e I would like to ask that the city resolve improper drainage issues at the parking lot as the lack of proper drainage has caused damage to my property, The storm drain Is not sufficient to drain water during heavy rains. u s The city of Ashland parking lot, which is adjacent to my property, is perhaps an acre of Impervious surface. During the recent heavy rain the parking lot became a large lake and it was not engineered sufficiently to drain the excess water. I s t l i S l ~ s ~i 1 Therefore, at the low point, the lake of water overflowed the curb within the parking lot and a great deal of excess water poured over from the lake in the parking lot to my property. I have attached photographs for you. The lake of water washed out screened off areas from the understructure of my property and that allowed debris to flood in under our property, A great deal of water came in and this also resulted in a strong stench for days after before the understructure of my property could dry sufficiently. There is even still a stench now after many days as so much water flowed under my property which has not dried yet. We have had to open multiple doors and windows at my business and leave them open in order to mitigate the stench. I hired a contractor to repair the damage and to remove debris that was swept and carried under the foundation of my property. There is absolutely no question regarding how the damage occurred. This is very evident on the attached photographs. In your absence, I contacted Lee and Sharlene and they came over and viewed the damage. Prior to the parking lot, there was a home next door and not an acre of impervious surface. I am writing in order to request that the city resolve improper drainage issues immediately. 4 Dave, having the city of Ashland parking lot as a next door neighbor is inherently problematic in and of itself. During s this past year, as you recall, we have already had a large tree fall over from the parking lot which landed on the rear house on my property causing damage. The city took no responsibility for that. We already have to contend with issues including the following: people hopping over the fence from the parking lot into b' my property, drug paraphernalia and empty beer cans left behind as part of the aftermath which occurs on an ongoing basis; people sleeping in the bushes; trash regularly thrown over the fence by patrons of the parking lot; car alarms E Y going off for extended periods of time six feet from my office window at times; barking dogs left in cars; blocked driveways, vandalism, etc, Ironically, we are also still zoned residential as the cite has not revisited downtown zoning adjustments literally for decades. i I would greatly appreciate it if the city could put further efforts into mitigating those issues previously referenced. I would also ask that the city check and maintain trees which are immediately adjacent in the parking lot due to the significant damage caused by a tree falling this past year. i look forward to your response and appreciate your assistance in resolving issues outlined. Thank you. f 3 5 K i{l r i; 1 z u l z x 2. 4 1[ i i Police Event #J141460093 Page I of I Detailed History for Police Event NJ141460093 As of 6/04/2014 14:08:27 Output for: A36205 Priority:3 Type:DRUG - Drug Laws ! Location:150 N PIONEER ST, AS btwn LITHIA WAY and B ST Infa:BEH THE BUILDING Map:56278 fi Created: 05/26/2014 08:11:40 CAD13 EC1216 Entered: 05126/2014 08:13:01 CAD13 EC12I6 Dispatch: 05/26/2014 08:13:23 CAD02 EC1 223 Enro~te: 05/26/2014 08:32:20 AM5 8- 1 Onscene: 05/26/2014 08:43:5Q AM5 A4QI48 , K Closed: 05/26/2014 08:59:33 AM5 AA014$ Y ICUnit: PrimeUnit:515 Dispo:NR Type:DRUG - Drug Laws Agency:APD Group:APD Beat:APD RD;A50041 Detail 08:11:40 CREATE Location:150 N PIONEER ST, AS Type:DRUG Info:BEH THE, BUILDING Name:POTOCKI,SI'AN Phone:541/890-4339 Group:APD Area:A5000I TypeDesc:Drug Laws r LocDesc:btwn LITHIA WAY and B ST Priority:3 AgencrAPD Map:562713 Lociype:S RegCont:YES ContType:AT LOCATION G f 08:13:01 ENTRY Response:None-->APIPAT Comment-ONGOING PROBLEM WITH DRUG USE BEH THE 1 BLDG. AND DRUG PARAPHANELiA LEFT BEH q 08:13:01 -PREMIS Comment:PPR 08:13:04 NOMORE 08:13:14 SELECT 08:13:14 -SGGEST Unit:S15 08:13:23 DISP 515 Operator:A40148 OperNames:GRAY, PHIL { 1 08:13:23 -PRIU 515 08:15:35 PRMPT 515 08:15:35 -HOLD 515 I 08:32:01 DISP 515 Operator:A40148 OperNames:GRAY, PHIL 08:32:01 --PRIU 515 08:32:20 *MISCN 515 Comment:515, RESPONDING FROM 357 GARFIELD ST, AS I 08:32:20 *ENRTE 515 I ' 08:43:50 "ONSCN 515 08:59:27 *MISC 515 Comm en t: COMPLAINT OF DRUG USE DURING THE EVENING HOURS BEHIND Y THE BUSINESS. BUSINESS ABUTS CITY PARKING LOT AND IT IS THEORIZED THAT BAR GOERS WHO FREQUENT THE NIGHT CLUBS USE COMPLAINANT'S PROPERTY 1 FOR ILLICIT DRUG USE DURING THE EVENING. 1 rc 08:59:33 *CLEAR 515 Dispo:NR 08:59:33 -CLEAR 08:59:33 *CLOSE CONTACT INFO: f Name Phone RPaddr RP-Dob RegCont [ContType ARPbone z IPOTOCKI,STAN 11541/890-4339 YES ET LOCATION 't 4 S t r. r r f ~ } - 4m- r•» z r' i• Aw- it t a +~s 4 il <i 4 r - r I { t ` -A r,.t L r r My _ F - lip i ` s' 4 'r. t 7; 4 VOCATIONAL RESOURCE CONSULTANTS P.O. Box 217, Ashland, Oregon 97520 (541) 482-8888 f July 28, 2014 City of Ashland z Planning Department planning@ashland.or.us 51 Winburn Way Ashland, OR 97520 RE: (1) Primary issue: Planning action # 2014-01075; recommend approval with conditions (2) Secondary issue: Would the city of Ashland, finally, address the issue of downtown 2 zoning adjustments? (This is the proverbial elephant in the room that everyone has walked around now for decades). r Greetings, 3 d I am writing this letter and forwarding copies to ask that the city of Ashland assist in resolving an t ongoing problem involving parking involving cars and trucks blocking our driveway access on 150 N. Pioneer Street every day. That driveway provides access to two separate properties. Please note that this is not occasional, but is chronic and occurs every day, multiple times per day. My sole agenda involving this particular planning action is simply that we have free access to the use of our driveway. K 1 First, however, I would like to very clearly go on record by saying that I support Ruby's Restaurant, the expansion of Ruby's to the second location next door, etc. They are nice folks and we wish { them well. I also support Joanie's use of the property to maximize the benefit of her property. Therefore, I am hopeful that some effective teamwork (which I will address) can resolve the chronic ' driveway obstruction issues which have developed. 4 I am writing to multiple parties as I very much would like the city of Ashland to act now to resolve the problem. It has dragged out now for a long time. In this letter, I will address the problem and then I will clearly outline specific solutions. Here is the key issue. Our driveway is located directly across the street from the Towne and Country dry cleaning business and Ruby's. Cars and trucks, every day, multiple times per day, block the access to our driveway. a It is actually sometimes amazing in that people will park a vehicle which not only partially blocks 1 19 the driveway, but entirely blocks the driveway so that we have no access. People even park in our driveway. If it had not gotten to the point of being absolutely ridiculous., I would not be writing this letter. If r p a a The outcome is that there is an absolute traffic safethazard to exit the driveway to the street. Please refer to the attached photographs. Ironically, the first vehicle you will see is a city of Ashland truck blocking our driveway. We have also actually even had city of Ashland paramedic trucks literally block the entire access to our driveway so that it is impossible to enter and exit. The emergency for the paramedic vehicle?..... A breakfast burrito at Ruby's. Seriously. Please really take a look at that first picture of the city of Ashland pickup truck. If you are attempting to drive down our driveway and turn left onto Pioneer Street, you have absolutely no vision involving traffic traveling down Pioneer Street from above. It is literally impossible to exit safely. There are multiple users of our driveway each day. All you can do is nose out in inches and hope that, if a vehicle is traveling down the street, that they stop for you. r i3 I thereby absolutely want to emphasize that this is more than an inconvenience and annoyance, it is an absolute traffic safety hazard and an accident waiting to happen. k Now in this case (photo #1), the thoughtless city of Ashland driver simply falls within the collective crowd of what I call the "ten percenters." Having dealt with this issue daily and after having asked countless people to move their vehicles, I clearly understand the mindset. I It's not complicated, it's simply selfish. It basically goes like this..... "There's no convenient F spot,..... so I'll just park here. I'll just be 10 minutes or so. I need to get MY burrito." i I f No sooner than one thoughtless "ten percenter" has blocked the driveway (peak times: 7:30 a.m. to 9:30 a,m. and 11:30 a,m. to 2:30 p.m.), then the next "ten percenter" replaces the former one several 16 minutes later. That process repeats itself countless times per day. z Therefore, because of repeated consistent parking by many thoughtless people, the outcome is that l we can only nose out by inches, lean forward, and hope that no vehicle is coming that will crash into ! our vehicles when we are attempting to exit the driveway. The absolute canned habitual response when we tell people to move their vehicles is that "Oh, I was just running in to get my dry cleaning,....... Oh, I was just running in to, pick up a sandwich. There was a lane and I had to wait, sorry about that." fi Objectively, approximately 90 Percent of the time, this involves people blocking the driveway to go i h into Ruby's. The other 10 percent of the time involves people going to drop off or pick up dry cleaning. r Now, in no way at all do I blame Ruby's or the dry cleaning business for the absolute thoughtlessness of 10% of their customers. I really mean that. Objectively, if Ruby's and the dry cleaning business were not there, we would not have anything like the problem that we have. However, again, it's not the fault of those businesses. k 2 i } 3 s Ruby's has done well and I think that's great. Obviously, the downside with an expansion, is that the way things currently are, it's only going to make a really bad situation only worse. There is no question about that. However, I very genuinely want to be a good neighbor and to make that situation work. r I hope that Ruby's flourishes and does very well. There just needs to be a workable resolution so that I, personally, do not need to tell countless people to move their vehicles. It's unbelievably rude on the part of those "ten percenters." I may need to leave my office for a business meeting, pick up a child after school, etc. It's absolutely ridiculous to not be able to leave your driveway. We have even had to go into Ruby's to ask whose vehicle is blocking the driveway, tell them to move it, and then have people respond that they will, after they finish getting their order.... "Uhh „ li no, go move your car nowl I will now address what has transpired to date and what hasn't worked. Carl Johnson with the } engineering department has been helpful and has visited multiple times. The curbs have been painted yellow. Parking spaces have been changed and marked. We regularly are in contact with } Diamond Parking as well. They have attempted to be helpful. However, none of that has worked at all. Please note, not at all. 0 s s If you would like to verify any of the information I have written, please just give Heather a call at T Y Diamond Parking or Carl Johnson in the engineering department. They've stood with me on multiple occasions on our front porch watching the flow of the "ten percenters." l Please note that our office and my work involves consulting. We work on a billable hour basis in r4 r incremental time periods. Therefore, the countless times I've had to deal with this situation also results in direct loss of income. 1 , While well intended, nothing that works has been done by the city of Ashland to correct this problem. Enforcement doesn't work. Marking the curbs doesn't work. Thoughtless people ultimately remain....... thoughtless people and disregard that. There is a need for both much better markings, actual street barriers, and much better enforcement. I will come to those specifics. i Diamond Parking's o hours per day, four days per week. If we call office is only open, I believe, four there is often no one there, just an answering machine. There is no true effective benefit in calling n p Diamond Parking, although they have really tried to help, because by the time you make a call, the h person who just blocked the driveway for 10 or 15 minutes is gone. .4 F J ' On a separate note, we are already heavily impacted by the city of Ashland, by our location, as we already have to deal with the city parking lot immediately next door to our property. We have had man problems involving vandalism, transients sleeping in the bushes, drunk people from the parking lot trying to force entry into the apartment upstairs, drug users hopping the fence and actually doing drugs in our backyard. E 1 3 1 Please see a copy of the attached police report. Our elderly neighbor, Sarah, just had a meth user break into her house next door during this past month. I recognize that it is difficult for the city of control all of that. Our property is right next door to the parking lot and is currently still zoned residential which is truly mind boggling (as it ceased to be residential a great many years ago). The city of Ashland has advised me on countless occasions that they would revisit the zoning of Pioneer Street after putting in the parking lot next door and after all the commercial changes. We graciously accommodated the city, without protest, of having the parking lot be built right next to our property approximately 25 years ago. I personally spoke with the planning director at that time, John Fregonese. He advised me that the city of Ashland recognized the impact and would revisit Pioneer Street and downtown rezoning within a couple of years. I have heard that multiple times since. E However, the last time I checked my watch, the city of Ashland began to relate that 25 years ago and has never yet done so. It's time. Okay, back to the immediate issue at hand. I have made a number of suggestions to the engineering department. On a positive note, they have attempted to improve matter's. However, the downside is A that it takes an unbelievable amount of time for any potential change to be implemented. :F I will now address specifics of what I would request to resolve matters. I ask that the city do the t following: (1) stripe the street very clearly, the width of a car, from the beginning of the yellow curb lines, across our driveway to the edge of the yellow curb line on the other side of the driveway, to be clearly striped and marked as no parking; (2) place signs on each side of the driveway noting "Do not block driveway, no parking, no idling, tow away zone"; (3) change the current C configuration of where the yellow curbs are currently marked. I would like the yellow curb marks to j actually be several feet closer to our driveway on both sides. Where they are currently marked 4 allows for essentially a half spot where the "ten percenters" (please see photograph ##1) attempt to park. Too much temptation. (4) repaint curbs and striped parking areas twice yearly; (5) assign either Diamond Parking or a community service officer to patrol every few minutes during peak problem hours from 7:30 a.m. to 9:30 a.m. and 11:30 a.m. to 2:30 p,m. z I have had a very positive conversation with the owner of Ruby's and I believe we can all make it work. I would ask that Ruby's do the following: (1) mark their driveway as 5 minute parking for pick up orders; (2) place two portable barricades in the street in front of our driveway to block off the marked no parking areas on each side of the driveway from 7:00 a.m. to 5:30 p.m. .E I'm certain that the last item is one of the key elements for attempting resolution. Without a i physical small barricade, the thoughtless "ten percenters" will simply park and idle their cars in the middle of the driveway while waiting for their passenger to pick up their food or they'll park in the 4 driveway. I am certain of that. History only repeats. g B 1 4 r 'F s7 R w G How should signs and painting be funding? That's easy. 1 live in the private sector world. Have the "ten percenters" fund it. A city of Ashland community service officer and/or Diamond Parking is more than welcome to sit on our covered front porch, use our restroom, and even have a cup of coffee. You can easily write probably somewhere in the range of 20 to 30 parking tickets per day if you do that. I am serious. Just sit on my front porch from around 7:30 a.m. till around 9:30 a.m. or 10:00 a.m. and again from around 11:30 a.m, to 2:30 p.m. f A We have been dealing with this issue for an extended period of time. This week, again, after multiple people partially and fully blocked driveway access, I had to go out and stand in the street and direct traffic. Why? So that my wife could safely navigate around a vehicle blocking access from our driveway to get out to the street. In conclusion, while the absolute norm for virtually all people blocking our driveway is to go to the dry cleaners or the restaurant across the street, I do not see those businesses as being at fault at all. It is the 10% of thoughtless customers who are the problem. Please don't form a study group or write interdepartmental memos. As we had made multiple attempts which have resulted in no resolution, I would ask the city of Ashland to quickly resolve this matter. Thank you. Sincerely, { 4f ¢pq4 S Stan Potocki A r- Cc: City of Ashland, Engineering Department, Fax: 541-488-6006 Bill Molnar, planning director,111011IM-11-tt ~is1110»1(1.01-.u, Er Chief of police, Terry Holderness, lioI mint o tlslikind.o1%(is Ashland City Council, Greg Lemhouse, ,(Urc~I'cr c:ucl ' 11Cjk1slll.u_1C1.01-.LIS; Pam Marsh, t1El1111ti C()Litici1.L3shland.or.us; Michael Morris, ntiI~C,• I-CQLMCi1.-,1s111aEid.i~E.LI ; Rich Rosenthal, icll~cr ~t}u,1c i1.n~111ancL~lr.u~; Dennis Slattery, (1Ci1I1is:cr-cOU11ciI.' Zts111~111c1.0r.U,s; John Stromberg, f cllln:rr c~~u}1c il.Li~hlailcl.ur.tFS; Carol Voisin, c ,irR~l~'~r__:ct~ti~lril.c~sl3l~l►lcl.t)I.~~s City of Ashland, Dave Kanner, d~~~.1cc~~1il~rrcr~,►tihlrt~xl.c~r.t~~ Diamond Parking, Linda Fait, Iinda.liiit~cr,tlialIIondjl irl.ilig-.CoII1 Encl: Photos K 1 d 1 { u 5 _ ;s f i