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Home My WebLink About2017-1121 Council Meeting 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 November 21, 2017 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of November 6, 2017 2. Business Meeting of November 7, 2017 VI. SPECIAL PRESENTATIONS & AWARDS None 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 Air ort Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation 2. Appointment of Bruce Borgerson to the Transportation Commission 3. Appointment of Ollie Bucolo to the Wildfire Mitigation Commission 4. Liquor License application for Little Shop of Bagels, Inc. 5. Confirmation of Mayoral appointment of Mike D'Orazi as Fire Chief 6. Approval of a resolution titled, "A resolution creating the `Ashland Heritage Tree List' and including the Southern Oregon University Spirit Tree, as silver maple located in 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 OF ASHLAND the courtyard between Mcloughlin and Shasta residence halls, as Ashland's first heritage tree" 7. Approval of a resolution titled, "A resolution authorizing a loan from the Safe Drinking Water Revolving Loan Fund by entering into a financing contract with the Oregon Infrastructure Finance Authority for contract amendment number 4 (S14005, A-04) Pump Station Replacements and TAP Intertie" 8. Special procurement for Pioneer Hall rehabilitation plan development 9. Approval of sewer connection on a property within the Urban Growth Boundary but outside City limits 10. Approval of the release of interest in a portion of a Conservation/ Natural Drainage Easement and approval of a new Conservation/ Natural Drainage Easement IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) None X. UNFINISHED BUSINESS 1. Staff report on last season's winter shelters 2. Approval of a resolution titled, "A revised resolution authorizing the City of Ashland to provide a City building for a winter shelter three nights per week through April, 2018 and repealing Resolution 2017-23" XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending Chapters 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.040, 18.3.5.050, 18.3.9, 18.4.3.040, 18.4.8, and 18.5.2.050 of the Ashland Land Use Ordinance to establish standards for Cottage Housing Developments within R-1-5, R-1-7.5, and NN-1-5 Single Family Residential Zones" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL I SO. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASIILAND.OR.US CITY OF ASHLAND CITY COUNCIL STUDY SESSION MINUTES AGENDA Monday, November 6, 2017 Council Chambers, 1175 E. Main Street 5:30 p.m. Mayor Stromberg called the Study Session to order at 5:32 PM. Members Present: Councilor Rosenthal, Seffinger, Lemhouse, Morris and Slattery. Councilor Darrow was absent. 1. Public Input (15 minutes, maximum) None. 11. Look Ahead review Interim City Administrator, John Karns went over the current Look Ahead. Council discussed dates for when the State of the City will be presented. Staff will bring back a date. Council requested to discuss issues regarding Will Dodge Way in the near future. Staff would confirm a date with Chief O'Meara and bring back to Council. III. North Main Road Diet project update Public Works Director, Paula Brown gave an update of the North Main Road Diet project. Engineering Services Manager, Scott Fleury, Transportation Commission Chair, David Young and from Southern Oregon Transportation Engineering, LLC, Kim Parducci were also present to discuss the item. Ms. Parducci presented Council a PowerPoint (see attached). Projects discussed: • Removal of the Helman Street / North Main Street signal. • Re-striping Bush Street which will widen the center. • Cross walk improvements and pedestrian island at N. Main and Van Ness Avenue. • Cross walk improvements at North Main and Nursery Street. Including rapid flashers • Improvements on North Main and Main Street. • Improvements on Ms. Brown spoke that the project information will be on the City Website. IV. Water treatment plant siting and status update Ms. Brown gave an update of the Water Treatment Plant siting project. She explained that Ashland has a 7.5-million-gallon requirement for the City. She suggested doing a cost analysis of updating the existing plant or building a new plant. Ms. Brown spoke that Staff has spent several years working on this plan. V. Pioneer Hall structural and facilities improvements Ms. Brown spoke that Staff needs to look at the deficiencies and how to correct these deficiencies. Staff will bring back final engineer design and cost estimates. Councilor Slattery questioned the cost of $41,000 to do a final architectural and engineer design. Ms. Brown explained the need for this cost. Councilor Lemhouse spoke regarding the historical significance of Pioneer Hall and questioned if it is worth the money to preserve this building. Mr. Karns spoke that Pioneer Hall is being used often by the Boy Scouts. He spoke that it is rented out a lot on Saturday nights for Parties and receptions; it is also used as a winter shelter 3 nights a week. Councilor Morris spoke to the importance to finding out what is needed to be done for this building. The Study Session Meeting was adjourned at 6:37 PM. Respectfully submitted by: City Recorder, Melissa Huhtala Attest: Mayor Stromberg In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). V. Pioneer Hall structural and facilities improvements Ms. Brown spoke that Staff needs to look at the deficiencies and how to correct these deficiencies. Staff will bring back final engineer design and cost estimates. Councilor Slattery questioned the cost of $41,000 to do a final architectural and engineer design. Ms. Brown explained the need for this cost. Councilor Lemhouse spoke regarding the historical significance of Pioneer Hall and questioned if it is worth the money to preserve this building. Mr. Karns spoke that Pioneer Hall is being used often by the Boy Scouts. He spoke that it is rented out a lot on Saturday nights for Parties and receptions; it is also used as a winter shelter 3 nights a week. Councilor Morris spoke to the importance to finding out what is needed to be done for this building. The Study Session Meeting was adjourned at 6:37 PM. Respectfully submitted by: A'j 0~'~ City Recorder, Melissa Huhtala Attest: Ma trombe In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrators 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). MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 7, 2017 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 Councilor President Seffinger called the Business Meeting to order at 7:02 PM Councilor Slattery, Councilor Morris, and Councilor Rosenthal were present. Mayor Stromberg, Councilor Lemhouse and Councilor Darrow were absent. II. PLEDGE OF ALLEGIANCE M. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS Councilor Seffinger announced the current Commission and Committee vacancies. V. APPROVAL OF MINUTES 1: Study Session of September 19, 2017 2. Study Session of October 16, 2017 3. Business Meeting of October 17, 2017 Councilor Slattery moved to approve the minutes. Councilor Morris seconded. Discussion: None. All Ayes. Motion passed unanimously. Councilor Rosenthal moved to have discussion regarding Dead Indian Memorial Road at item 13. Councilor Slattery seconded. Discussion: None. All Ayes. Motion passed unanimously. VI. SPECIAL PRESENTATIONS & AWARDS None 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] Mary Bertrand- 2301 Siskiyou Blvd., Ashland - Read a statement into the record regarding the Senior Center. She expressed that staffing being reduced while adding more services is a contradiction (see attached). Sue Wilson - 1056 Dead Indian Memorial Rd., Ashland- Spoke regarding the Senior Center. She spoke that it is the City and Parks role to deal with this issue responsibly. She spoke that cutting Staff is not the answer. She urged the Council to help fix this situation. Huelz Gutchensen- 2253 HWY 99, Ashland - Spoke regarding climate change. He spoke that there needs to be energy education. Louise Shawkut- 870 Cambridge, Ashland - Read a letter into the record regarding Clean Energy Jobs (see attached). ion from the Parks Staff and City Administration regarding Slattery suggested the article in the paper about the Senior Center. Councilor Seffinger spoke regarding the senior center issues and the importance of ADA and senior needs. Councilor Slattery spoke that there is a difference between elected position and Parks Commissioners. Council does not dictate personnel issues. VIII. CONSENT AGENDA 1. Acceptance of minutes of boards, commissions, and committees Councilor Slattery suggested to have a list of the Board, Commission and Committee meetings times and dates available to ensure when minutes should be made available. 2 8r" Quarter financial report of the 2015/17 biennium 3. Procurement of a type 1 ambulance Councilor Rosenthal questioned what a type 1 ambulance is. Chief Shepherd explained the difference between type 1, 2 and 3 ambulances are. Chief Shepherd explained the reasons for the decision on choosing Hughes Fire Equipment. 4. Update on Food and Beverage Tax funded street projects Public Works Director, Paula Brown gave a Staff report. She explained that Food and Beverage Tax is an option to fund street projects. She explained that partial designs are complete. 5. Liquor license application for Boardgamer, LLC - DBA Funagain Games 6. Liquor license application for Lana Enterprise, LLC - DBA RedZone Sports Bar N' Grill 7. Liquor license application for Lucky Gate, Inc. - DBA Golden Dynasty Restaurant 8. Approval of Personal Services contract for stormwater and drainage master plan update Ms. Brown gave a brief Staff report and explained the master plan has not been updated since 2000. Councilor Slattery suggested that items on the consent agenda with a large dollar amount should not be on the consent agenda. City Attorney, David Lohman suggested that this can be discussed during the Study Session regarding Policies and Procedures. 9. Approval of the release of interest in a portion of a Sanitary Sewer easement 10. Appointment of Dee Ann Everson to the Municipal Audit Committee Councilor Slattery thanked Ms. Everson for applying for the Municipal Audit Committee. Councilor Slattery moved to appoint David Runkle to the Audit Commission with the term ending December 31, 2017. Councilor Seffinger seconded. Discussion: Councilor Slattery spoke that it would be good to have an appointed member who is familiar with the process. Councilor Rosenthal questioned the process. Councilor Slattery and Councilor Seffinger: YES. Councilor Rosenthal and Councilor Morris: NO. Motion failed. Councilor Slattery moved to approve the consent agenda. Councilor Morris seconded. Discussion: None. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor Rosenthal and Councilor Seffinger: YES. Motion passed unanimously. IX. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Public hearing and adoption of a resolution titled, "A resolution repealing Resolution 2016-35 Transportation Systems Development Charges; and adopting the System Development Charges set forth in Resolution 1999-42, New Transportation Systems Development Charge Methodology and Charges, pursuant to Ashland Municipal Code Section 4.20.040 and 4.20.050" Ms. Brown gave a Staff report. Council discussed the SDC methodology. Councilor Seffinger opened the Public Hearing at 8:04 PM Public Input: Susan Sullivan -305 Stoneridge Ave., Ashland- Thanked Council and welcomed Paula Brown. Thanked Transportation Commission for their work. Councilor Seffinger closed the Public 8:07 PM Councilor Slattery moved approval of a resolution titled, "A resolution repealing Resolution 2016- 35 Transportation Systems Development Charges; adopting the System Development Charges Set Forth in Resolution 1999-42, New Transportation Systems Development Charge Methodology and Charges, Pursuant to Ashland Municipal Code Section 4.20.040 and 4.20.050. Councilor Rosenthal seconded. Discussion: Councilor Rosenthal spoke regarding his disappointment on the waste of time for the citizens who spent time on the SDC Ad-Hoc Committee. Councilor Morris asked if anyone has submitted applications since the new SDC increase. Ms. Brown spoke that 2 application came in and since they were so high they were put on hold. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor Seffinger and Councilor Rosenthal: YES. Motion passed unanimously. 2. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending Chapters 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.040, 18.3.5.050, 18.3.9, 18.4.3.040, 18.4.8, and 18.5.2.050 of the Ashland Land Use Ordinance to establish standards for Cottage Housing Developments within R-1-5, R-1-7.5, and NN-1-5 Single Family Residential Zones" and move onto second reading. Community Development Director, Bill Molnar gave a brief Staff report. City Planner, Brandon Goldman went over a PowerPoint presentation (see attached). He spoke that the Planning Commission recommended adoption of the draft Ordinance. Councilor Seffinger questioned if ADA has been addressed in this Ordinance. Mr. Goldman spoke that this would be addressed in the building code for all developments. Councilor Seffinger opened the Public Hearing at 8:28 PM. Public Input: Ron Roth -6950 Old South, Ashland- Spoke in support of the Ordinance. IIc suggested to revisit this in a year to see the progress. Michael - Ashland -Spoke in support of the Ordinance but is concerned of on street parking. He spoke in the importance of keeping the character of the neighborhood. Risa Buck- 798 Oak Street, Ashland - Excited about this concept but spoke in concern about affordability. Ron Davies-171 Helman, Ashland- Spoke regarding vacant land and existing land. Gave examples of prior planning projects. Suggested a zone change on Mistletoe Road. Concerned about changing the character of the neighborhood. Karen Logan -261 Ottis St., Ashland - Gave the description between Tiny Houses and Cottage Houses. Spoke that Cottage homes solve the problem of infill and creates affordable housing. She spoke that she would like the City to adopt an Ordinance regarding the 46% renters that are here. She spoke in concern of affordability. Jesse Sharpe -107 Lincoln St. Apt. 411 Ashland- Agreed with Ms.Logan. He spoke in regards for tenants. He explained that when infill is done we also need to create affordability clauses. He spoke that Ashland is in a severe housing crisis. He spoke that this is a good step in the right direction but to continue to look into affordable housing. Councilor Seffinger closed the Public Hearing at 8:44 PM. Councilor Rosenthal moved approval of first reading by title only of an ordinance titled, "An ordinance amending chapters 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.040, 18.3.5.050, 18.3.9, 18.4.3.040, 18.4.8, and 18.5.2.050 of the Ashland Land Use Ordinance to establish standards for cottage housing developments within R-1-5, R-1-7.5, and NN-1-5 single family residential zones", and move to second reading. Councilor Morris seconded. Discussion: Councilor Rosenthal spoke in appreciation of the time and effort on this issue. Councilor Morris spoke in support of the Ordinance but spoke to the complexity to the Land Use Ordinance. Councilor Slattery spoke in support of the Ordinance. He spoke that it probably won't help affordable housing but perhaps ownership and provide more stock in the long-term rental. Councilor Seffinger spoke in support of the Ordinance. She expressed her hopes for ADA and accessible living to be looked at. Roll Call Vote: Councilor Slattery, Councilor Rosenthal, Councilor Morris and Councilor Seffinger: YES. Motion passed unanimously. X. UNFINISHED BUSINESS None X1. NEW AND MISCELLANEOUS BUSINESS 1. Solid Waste & Recycling restrictions Interim Assistant to the City Administrator, Adam Hanks gave a Staff report. He introduced Recology General Manager, Gary Blake. Mr. Blake went over a PowerPoint presentation (see attached). Mr. Blake went over the options: • Continue to recycle. • Landfill the material with DEQ. Mr. Hanks spoke that Staff recommends a surcharge on the bills of Recology costumers and to come back to Council with a rate Resolution. Council discussed the short-term and long-term effects on this issue. Surcharge options were discussed. Councilor Rosenthal asked Mr. Hanks which option he recommends. Mr. Hanks answered option 1 as presented in the packet. Councilor Slattery moved to direct staff to work with Recology Ashland to develop and present to Council a rate resolution establishing a temporary Recycling Surcharge to account for the operational expenses incurred by Recology Ashland to maintain current recycling opportunities within Ashland. Councilor Rosenthal seconded. Discussion: Councilor Rosenthal spoke that this isn't a fun item to deal with. He suggested thinking about identifying ways to help this situation and to help offset the surcharge cost. Councilor Seffinger spoke that this item is an important service provided by Recology. She spoke to the importance of recycling, reusing and looking into packaging that is not plastic. Councilor Slattery spoke in the importance of recycling. Roll Call Vote: Councilor Seffinger, Councilor Slattery, Councilor Rosenthal and Councilor Morris: YES. Councilor Rosenthal suggested creating an Ad-Hoc Committee to think of ways to work on this topic. 2. Community Development Housing Program update of current actions Mr. Molnar gave Council an update. He discussed the different programs. He discussed monetary contributions the City has provided. He spoke that we are still progressive today. He went over the immediate, mid-term and extended term strategies. Councilor Slattery thanked Mr. Molnar. Increasing the Urban Growth Boundary was discussed. XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending AMC Section 9.3 to clarify the linear limitation of smoking prohibition" Mr. Lohman gave a Staff report. He explained the 20 feet is vertical and horizontal to a facility. Councilor Rosenthal suggested some modifications to the Ordinance. Councilor Rosenthal moved to approve second reading by title only of, "An ordinance amending AMC Section 9.30.010 to clarify the linear limitation of smoking prohibition". As presented but with 3 amendments: 1. Adding WHEREAS, the prohibited smoking areas in AMC 9.30.020 are currently identified partly by reference to the map of Downtown which is attached as Exhibit A to AMC 10.120.010.13.1 and which has proven to be challenging to explain and enforce due to lack of specificity. 2. Deleting the current definition of "Downtown" in AMC9.30.010B and replacing it with "Downtown means the area within the boundary lines depicted in Exhibit A to AMC 10.120.010.B.1 plus the area within the outer perimeter of the public right of way of any street and sidewalk adjoining and parallel to those boundary lines." 3. To include the Pioneer Hall and Community Center tax lots on Winburn Way between Granite Street and the Plaza in AMC 09.30.020A. Councilor Slattery seconded. Discussion: Councilor Morris spoke to his concern on how to enforce this. Roll Call Vote: Councilor Rosenthal, Councilor Seffinger, Councilor Morris and Councilor Slattery: YES. Motion passed unanimously. 2. First reading by title only of an ordinance titled, "An ordinance amending AMC 2.08.020 to remove responsibilities from Recorder's function" and move onto second reading and First reading by title only of an ordinance titled, "An ordinance amending AMC 2.28.130 to add responsibilities to Finance Department functions" and move onto second reading This item will be placed on a future agenda when properly noticed. 3. Approval of a resolution titled, "A revised resolution authorizing the City of Ashland to provide a City building for a winter shelter three nights per week through April, 2018 and repealing Resolution 2017-23" L Councilor Seffinger questioned if woman and children are allowed in the shelter. Mr. Karns answered yes. Councilor Slattery questioned the change made. Mr. Lohman explained the change on Section 2 (D). Stating that they will allow hosts of mixed gender but if that can't happen and there is notification by 3PM. Council discussed options regarding the host changes and possible staffing options. Councilor Morris moved to postpone this item to a future meeting. Councilor Slattery seconded. Discussion: None. All Ayes. Motion passed unanimously. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Rosenthal spoke regarding the Dead Indian Memorial Road decision from the County. He explained the County did not take action because there was no formal request for a name change. It was suggested for this item to be on a future agenda with a couple of options: • Placing a name change on the ballot. • Council and Mayor make a formal request to the County for a name change. Council gave consensus to bring back this topic. Councilor Slattery suggested to have someone who has helped organize the Winter Shelter present the reasoning behind male and female hosts. XIV. ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 10:30 PM Respectfully submitted by: City Recorder Melissa Huhtala Attest: Mayor Stromberg In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this rneeting, please contact the City Administrator's office at (541) 488-6002 (TTYphone 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). Councilor Seffinger questioned if woman and children are allowed in the shelter. Mr. Karns answered yes. Councilor Slattery questioned the change made. Mr. Lohman explained the change on Section 2 (D). Stating that they will allow hosts of mixed gender but if that can't happen and there is notification by 3PM. Council discussed options regarding the host changes and possible staffing options. Councilor Morris moved to postpone this item to a future meeting. Councilor Slattery seconded. Discussion: None. All Ayes. Motion passed unanimously. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Rosenthal spoke regarding the Dead Indian Memorial Road decision from the County. He explained the County did not take action because there was no formal request for a name change. It was suggested for this item to be on a future agenda with a couple of options: • Placing a name change on the ballot. • Council and Mayor make a formal request to the County for a name change. Council gave consensus to bring back this topic. Councilor Slattery suggested to have someone who has helped organize the Winter Shelter present the reasoning behind male and female hosts. XIV. ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at 10:30 PM Respectfully submitted by: es,V City Recorder, Melissa Huhtala Attest: M&Xok Strom berg In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 ('TTYphone 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). r Council Business Meeting November 21. Title: Appointment of Bruce Borgerson - Transportation Commission From: Melissa Huhtala City Recorder Melissa. huhtala@ashland.or.us Summary: Mayor appointment of Bruce Borgerson to the Transportation Commission with a term to expire on April 30, 2020. Actions, Options, or Potential Motions: I move to appoint Bruce Borgerson to the Transportation Commission with a term to expire on April 30, 2020. Staff Recommendation: N/A Resource Requirements: N/A Policies, Plans and Goals Supported: Ashland Municipal Code 2.04.090 (C) states the appointments by the Mayor are with the consent of the City Council. Background and Additional Information: N/A Attachments: Application of Bruce Borgerson. Page Iof I 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 melissa.huhtala@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name-Bruce J. Borgerson Requesting to serve on: Transportation (Commission/Committee) Address 209 Sleepy Hollow St, Ashland_ Occupation Technical Writer (self-employed) Phone: Home 544-488-5720 Work 541-488-5542 Email_wave@mind.net_ Fax 1. Education Background: What schools have you attended? Stanford University, U.C. Berkeley, Vanderbilt University 2. What degrees do you hold? BA in English, Secondary Teaching Credential, Master of Theological Studies (in order from above) 3. What additional training or education have you had that would apply to this position? Avid fan of Car Talk; owner of bicycle, electric bicycle (retired) and plug-in hybrid car. 4. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Well versed in broad range of technologies involved in transportation, including computers, internal combustion and electromotive systems, and greenhouse gas emissions. 5. Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes, open to doing so, though I don't consider it critical. 6. 3. Interests Why are you applying for this position? Interested in transportation issues, technologies and impact on local community and contribution to global climate change. 7. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, I'm self-employed so my work schedule is flexible. 8. Additional Information How long have you lived in this community? 28 years 9. Please use the space below to summarize any additional qualifications you have for this position I have been involved in a number of peace and social justice organizations, both in Nashville prior to moving to Ashland, and while living here. I served on the Board of Peace House from 2012 to 2015 and I am currently active in Southern Oregon Climate Action Now (SOCAN). Although idealistic, I don't consider myself dogmatic. I believe that serving on the transportation commission would allow me to apply both my technical knowledge and pragmatic nature to the benefit of the Ashland community. 10. Date Signature _ c . -7 Council Business Meeting November 21 ~ 201 Title: Appointment of Ollie Bucolo - Wildfire Mitigation Commission From: Melissa Huhtala City Recorder Melissa.huhtala@ashland.or.us Summary: Mayor appointment of Ollie Bucolo to the Wildfire Mitigation Commission with a term to expire on April 30, 2020. Actions, Options, or Potential Motions: I move to appoint Ollie Bucolo to the Wildfire Mitigation Commission with a term to expire on April 30, 2020. Staff Recommendation: N/A Resource Requirements: N/A Policies, Plans and Goals Supported: Ashland Municipal Code 2.04.090 (C) states the appointments by the Mayor are with the consent of the City Council. Background and Additional Information: N/A Attachments: Application of Ollie Bucolo. Page Iof I CITY OF -ASH LAN D 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 melissa.huhtala n ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Ollie Bucolo Requesting to serve on: Wildfire Mitigation Commission (Commission/Committee) Address 683 Forest St. Ashland, OR 97520 Occupation Student/Wildland Firefighter Phone: Home (541) 653-7788 Work Email oliverbucolo@gmail.com Fax 1. Education Background St. Petersburg College, Lane Community College, Rogue Community College, What schools have you attended? Southern Oregon University What degrees do you hold? Senior in Environmental Science and Policy program (with honors) at SOU National and State Certified Emergency Medical Technician What additional training or education have you had that would apply to this position? In 2014 1 was chosen by my captain to attend an interagency training on fighting fire in the Wildland Urban Interface (WUI). I'm also focusing environmental policy, forest management, and GIS/data in my degree at Southern Oregon University, and my transcripts reflect that focus. 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? Three years with the USFS fighting fire both as Initial Attack on a hand crew and most recently as a helicopter rappeller with the Siskiyou Rappel Crew, both on the Rogue Siskiyou National Forest. Before that I worked for 5 years in the private sector, doing forestry, fuels work (including extensive work in the Ashland Watershed/AFR project with Gravhar,.k Fnu-Jrv and also hriafly with thPJ omakatsi Restnration Project Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? Yes, because there is no end point in being a student of fire, leadership community engagement, and the environment. I would welcome any opportunity to better serve my community. ~ai, 3. Interests Why are you applying for this position? 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? 5. Additional Information How long have you lived in this community? Please use the space below to summarize any additional qualifications you have for this position i I Date S ignature Imo, Council Business Meeting Title: Liquor License Application for Little Shop of Bagels, Inc. From: Melissa Huhtala City Recorder Melissa. huhtala@ashland.or. us Summary: This is a request for approval of a Liquor License Application from Little Shop of Bagels, Inc., Francesca's Little Shop of Bagels. Located at 1644 Ashland Street #5. Actions, Options, or Potential Motions: I move to approve the Liquor License for Little Shop of Bagels, Inc., Francesca's Little Shop of Bagels. Staff Recommendation: Staff recommends approval of the liquor license application because the City has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. Resource Requirements: N/A Policies, Plans and Goals Supported: AMC Chapter 6.32 Liquor License Review Background and Additional Information: This is an application for a new Outlet. The City has determined that all liquor license applications be reviewed by the City as set forth in AMC Chapter 6.32, which requires that a determination be made as to whether the applicant complies with the City's land use, business license and restaurant registration requirements. AMC Chapter 6.32 also requires that these applications also be reviewed by the Police Department. In May 1999, the City Council decided it would make formal recommendation on all liquor license applications. Attachments: Application Page 1 of 1 CITY OF ASHLAND OREGON LIQUOR CONTROL COMMISSION N~V LIQUOR LICENSE APPLICATION Aoolication is being made for CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: Full On-Premises Sales ($402.60/yr) Change Ownership Commercial Establishment New Outlet The City Council or County Commission: Caterer Greater Privilege Passenger Carrier Additional Privilege (nano of city or munty) Other Public Location Other recommends that this license be: Private Club Limited On-Premises Sales ($202.60/yr) ❑ Granted L l Dented Off-Premises Sales ($100/yr) By: []with Fuel Pumps (signature) (date) Brewery Public House ($252.60) Name: Winery ($250/yr) Other: Title: 90-DAY AUTHORITY E] Check here if you are applying for a change of ownership at a business OLCC U that has a current liquor license, or If you are applying for an Off-Premises Application eCd Sales license and are requesting a 90-Day Temporary Authority ? f APPLYING AS: Dat./ t Limited Corporation [:]Limited Liability []Individuals 90-day authority: L l Yes L3 No Partnership Company 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] (D F_ I4+1 `jr lCr') f,~ C~,ct~~ sr a-nic C:D T_ 2. Trade Name (dba): F,,-w),, ' C S ►T7 E' 9 7 3. Business Location 6 Was/ Se+ ~7 ~ (nt.,,. sweet, rural routt/e''))1 (city) county(state) ) (ZIP code) 4. Business Mailing Address: /c/nt{ f f~hl Q ~f ~I J f ~hk7r"7Lf C/ (PO box, nucm~ber, street, rural rttu~tte) (city)' (3tte) (ZIP code) 5. Business Numbers: y J- 7 t~ " 0:7 TJ (Phone) (fax) 6. Is the business at this location currently licensed by OLCC? []Yes XNo 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager?,WYes ❑No Name:_ A r )C C I )~A Cq~ (manacer mus 11 out pryl dividuel Hlylorv lone) 10. What is the local governing body where your business is located? (name of dty or couZ nty) l 11. Contact person for this application: C 1 YCUIcE~CC1 Fcf"I LC/I : S// 9 cT ~ (name) (phone,number(s)) L40 11411t, }C~r~E~ Trxl~-nt, l r' (?7gy6) G35 }/gt~~f f.r~C-,t~lsF? ~iiYz2~/•~a~~ (addross) Y (lax number) (e-mail addr ) 1 understand that if my answers are not true and complete, the OLCC may deny my license application. AppIf nt(s) Signature(s) and Date: RECEIVED jiy Date -o 7© ` ® Date o Pete (~n1~ `t~ 1-BOO-452-OLCC (6522) a www.oregon.gov/oicc ,v MEDFORD [ E-t,if ;+!7"rMFICE Ofit:ta(lN . CONTRO+. c~Gtx-taiW;a~lur Council Business Meeting November 21 ~ 2017 Title: Confirmation of Mayoral Appointment of Mike D'Orazi as Fire Chief From: Tina Gray Human Resource Director grayt rayt(L'D-ash land. or. us Summary: The City conducted an open and competitive selection process for Fire Chief. Four finalists were invited to participate in an intensive two-day interview and selection process in Ashland this past summer. One finalist dropped out at the last minute, so three finalists were interviewed. Mike D'Orazi was selected due to his impressive background in the fire service. Mike promoted up through the ranks with the City of Alameda, California Fire Department serving as their Fire Chief his last 3 '/2 years with the Department. Mike is excited to bring his unique skill-set to Ashland Fire & Rescue and he promises to continue the culture of collaboration, community partnership, and innovation that John Karns established during his tenure as Chief. Staff is recommending Council confirm his appointment as Ashland's next Fire Chief. Actions, Options, or Potential Motions: Move approval of the appointment of Mike D'Orazi as Fire Chief. Staff Recommendation: Staff recommends the Council confirm the Mayor's appointment of Mike D'Orazi as Fire Chief. Resource Requirements: Staff budgeted for the Fire Chief in the biennial budget process and the position is fully funded. Policies, Plans and Goals Supported: N/A. Background and Additional Information: In December 2016, John Karns was asked to step in as the Interim City Administrator leaving his position as Fire Chief. The position was filled internally on an interim basis by David Shepherd. Once John's assignment as Interim City Administrator was extended, the City Council decided to proceed with filling the Fire Chief vacancy with a regular hire. The City's Human Resource Department advertised the position and handled the recruitment without the assistance of an outside recruitment firm. Fortunately, the response to the Job Announcement was positive, and 3 finalists competed in an intensive selection process for Fire Chief in late August. A job offer was extended to Mike D'Orazi and he is set to begin work as Ashland's new Fire Chief December 4, 2017, following confirmation of his appointment by the City Council. Mike and his wife are excited to make Ashland their new home. David Shepherd Pagel of 2 CITY OF -ASHLAND has done an excellent job of keeping Ashland Fire & Rescue running smoothly and we anticipate an equally smooth transition as Mike steps in as the new Fire Chief. Attachments: Employment Agreement for Mike D'Orazi. Page 2 of 2 CITY OF ASHLAND CITY OF ASHLAND Employment Agreement FIRE CHIEF THIS AGREEMENT, made and entered into this day of , 2017 by and between the City of Ashland ("City") and Michael E. D'Orazi ("Employee"). RECITALS A. City desires to employ the services of Employee as the Fire Chief 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, (2) to make possible full work productivity by assuming Employee's morale and peace of mind with respect to future 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 Fire Chief of the City of Ashland, and to begin his employment December 4, 2017. I City and Employee agree as follows: Section 1. Duties. The City hereby agrees to employ Michael E. D'Orazi as the Fire Chief of the City of Ashland to perform the functions and duties specified in the City Charter, City Ordinances, and the job description for the position, and to perform such other legally and ethically permissible and proper duties and functions as the Mayor and/or City Council shall from time to time assign. The Fire Chief shall devote full time to the performance of his duties. Section 2. Term. A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Mayor, with the consent of the City Council in accordance with the City Charter, from terminating the services of the Fire Chief at any time, subject only to the provisions set forth in the section titled "Severance pay" of this agreement. Except as specifically provided in this Agreement, Employee shall serve at the pleasure of the City, without any requirement to demonstrate cause for dismissal. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provisions of this agreement. C. Employee agrees to remain in the employ of the City until December 1, 2020, 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. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or other activities provided these activities do not conflict with the regular duties of the Employee and are approved in writing by the Mayor, with the consent of the City Council. D. In the event written notice is not given by either party to terminate this agreement at least ninety (90) days prior to the termination date, this agreement shall be extended for successive three-year periods on the same terms and conditions provided herein. E. In the event Employee wishes to voluntarily resign the position during the term of this agreement, Employee shall be required to give the City thirty (30) days written notice of such intention, unless such notice is waived by the Mayor, with consent of the City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary Beginning December 4, 2017, City agrees to pay Employee a monthly salary at step 5 of the salary schedule ($10,269.57/month). Employee will advance to the next step ($10,526.30/month) after one year with successful performance as determined by the City Administrator. The City agrees to annually increase the monthly salary and/or benefits in the same percentage as may be accorded other department heads. Section 4. Performance Evaluation. The City Administrator shall review and evaluate the performance of the employee at least once annually. Employee shall receive a written copy of the performance evaluation and be provided an adequate opportunity for the employee to discuss the details of the evaluation. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the City, and to that end Employee will be allowed to take compensatory time off as Employee shall deem appropriate during normal office hours, so long as the business of the City is not adversely affected. Work in excess of forty (40) hours per week is deemed part of the professional responsibility for which the Employee shall not be paid overtime. In recognition of the extra hours required of the Fire Chief, Employee shall receive forty (40) hours of administrative leave each year to be used before June 30th or deemed forfeited. Employee will receive additional administrative leave if granted by the City Council in the Management Resolution adopted each year. Section 6. Automobile. Employee's duties require that Employee shall have the use of a motor vehicle at all times during employment with the City. The City shall provide an automobile for the Fire Chief. If a vehicle is not available for the Fire Chief, he shall receive an allowance of $350.00/month for the use of his personal automobile for business purposes. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of the vehicle. Section 7. Health, Welfare and Retirement. Except as modified by this agreement, Employee shall be entitled to receive the same retirement, vacation, sick leave benefits, holidays, and other fringe benefits and working conditions as they now exist or may be amended in the future, as apply to any other department head, as spelled out in the City's Management Resolution in addition to any benefits enumerated specifically for the benefit of Employee as provided in this agreement. Additionally, the City will provide forty (40) hours of vacation at the Employee's first day of work, and forty (40) hours of sick leave. With a successful evaluation, employee will be granted forty (40) hours of vacation each year on his anniversary in years 2 and 3 of his employment. Section 8. Dues and Subscriptions. City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional, growth and advancement, and for the good of the City. Section 9. Professional Development The City hereby agrees to annually budget and allocate sufficient funds to pay necessary travel and living expenses of the Fire Chief while he represents the City at conferences, trainings, official business meetings or professional organizations that serve the City's interest and/or are reasonably necessary to provide for the professional advancement of the Fire Chief. Membership on any national or state commission or committee shall be subject to the approval of the City Administrator. Section 10. Professional Liability The City agrees that it shall defend, hold harmless, and indemnify the Fire Chief from all demands, claims, suits, actions, errors, or other omissions in legal proceedings brought against the Fire Chief in his individual capacity or in his official capacity, provided the incident arose while the Fire Chief was acting within the scope of his employment. If in the good faith opinion of the Fire Chief conflict exists as regards to the defense of any such claim between the legal position of the city and the Fire Chief, he may engage counsel in which event, the City shall indemnify the Fire Chief for the cost of legal counsel. Section 11. Severance Pay A. In the event Employee is dismissed during the term of this Agreement, and Employee is not being dismissed for any reason set forth in paragraphs B or C of this section, the City agrees to offer Employee a severance agreement. The amount of severance pay to be offered to Employee in the severance agreement shall be equal to the employee's monthly base salary at the time of dismissal; times the number of months that employee has been employed up to a maximum of six (6) months. In addition, the severance agreement offered to the employee will require the City to continue to pay the employer portion of the premium for medical and dental insurance coverage through the end of the month the Employee's severance pay is intended to cover or until the last day of the month in which Employee obtains employment with alternative insurance whichever occurs earlier. As a condition of the severance offer, the Employee will be required to release the City, its officers, representatives, insurers, and employees from claims arising from employment with the City and separation of employment. B. Employee will not be eligible to receive the severance offer described in Paragraph A of this section if this Agreement is not renewed by the City, as provided in Section 2, above. Employee also will not be eligible to receive the severance agreement offer if Employee breaches any provision of this agreement, or if Employee engages in any act of misconduct in the performance of duties on behalf of the City. The term "misconduct" includes misappropriation, dishonesty, breach of trust, insubordination, neglect of duty, failure to perform duties in a manner that is consistent with applicable law, failure to correct performance deficiencies identified in writing by the City Council after a reasonable opportunity, as determined by the City, to correct the deficiencies; committing any violation of City policies or standards that the City deems a serious violation; or engaging in other action demonstrating a disregard for the interest of the City. The term "misconduct" also includes engaging in criminal acts or other off-duty behavior that the City views as impairing the Employee's ability to effectively perform the Employee's duties or jeopardize the reputation of the City. C. Employee will not be eligible to receive the severance offer described in Paragraph A of this Section if Employee, in accordance with applicable law, is dismissed due to a disability that prevents Employee from performing the duties of the position. Section 12. Other Terms and Conditions of Employment City shall by amendments to this agreement, fix such other terms and conditions of employment from time to time , as it may determine, relating to the performance by Employee with the agreement of Employee, provided such terms and conditions are not inconsistent or in conflict with the provisions of this agreement. Section 13. Moving and Relocation Expenses A. The City will pay expenses associated with moving Employee's household to Ashland, and will reimburse actual costs associated with the move in an amount not to exceed $10,000. Moving expenses include packing, moving, storage costs, unpacking, and insurance charges for moving and storing Employee's household goods. Moving expenses also include actual lodging and meal expenses and mileage costs for moving two personal automobiles and shall be reimbursed at the current IRS allowable rate while the employee is in transit. Moving expenses shall also include actual lodging, meal expenses, and mileage (or airfare) for up to two visits to Ashland for the Employee and family for purpose of securing a permanent residence. Finally, moving expenses may also include the actual costs for employee of securing temporary housing, prior to moving into permanent housing, for up to six months. Section 14. Severability. In 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. Section 15. Other Terms and Conditions of Employment The Employee is subject to all personnel policies of the City of the City and the City's Management Resolution except to the extent that they are inconsistent with an expressed term of this agreement. Section 16. PERS Pick-up Employee contributions to the Public Employees' Retirement system (PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the amount of the employee's contribution to PERS. Section 17. Complete Agreement This agreement shall constitute the entire agreement between the City and Employee and supersedes all prior agreements, representations and understandings between them. No supplement, modification or amendment of this Agreement shall be binding on the City unless it is set forth in a writing that is signed by the Mayor and approved by the City Council. Likewise, no waiver or any provision of this Agreement shall be valid unless set forth in writing that is signed by the Mayor and approved by the City Council. i Dated this day of , 2017 Melissa Huhtala John Stromberg City Recorder Mayor Accepted this day of Michael E. D'Orazi I I I Council Business Meeting November 21,2011 Title: Heritage Tree Resolution From: Bill Molnar Director of Community Development Bill. molnar(a-)-ashland. or.us Summary: The proposed resolution would create an Ashland Heritage Tree list envisioned in AMC 18.4.5.060. In April of 2017, the Council approved the Tree Commission's request to approve the Southern Oregon University Spirit Tree being named an Ashland Heritage Tree with the understanding that staff would come back to a future meeting with a resolution to create the Heritage Tree list. Actions, Options, or Potential Motions: I move to approve the resolution titled, "A resolution creating the `Ashland Heritage Tree List' and including the Southern Oregon University Spirit Tree, a silver maple located in the courtyard between the McLoughlin and Shasta residence halls, as Ashland's first heritage tree." Staff Recommendation: Staff recommends approval. Resource Requirements: Staff time required to create and maintain the list and an associated GIS map. Policies, Plans and Goals Supported: AMC 18.4.5 - Tree Preservation and Protection. Background and Additional Information: Chapter 18.4.5 - Tree Preservation and Protection - of Ashland's Land Use Ordinance describes the important role trees play in the community and notes that preserving a healthy urban forest improves soil stability, and provides noise buffering, wind protection and temperature mitigation, while offering abundant wildlife habitat. Notable trees within the city are also recognized for the contribution to the character and beauty of Ashland. At the April 18, 2017 meeting, the Council approved the Tree Commission's request to add the Southern Oregon University Spirit Tree to the Heritage Tree with the understanding that staff would come back to a future meeting with a resolution to formally create the Heritage Tree list. The procedure for nominating and approving a listing of a heritage tree is described in AMC 18.4.5.060 below. Page Iof2 CITY OF -ASHLAND 18.4.5.060 Heritage Trees A. The City recognizes that specific trees in Ashland are deserving of special status due to distinctive form, size, age, location, species, unique qualities, or historical significance. B. Any person may nominate, with the written consent of the property owner, a mature tree for consideration as a Heritage Tree. This nomination shall include all information necessary for evaluation based on the items described in section 18.4.5.050.A, above. The Tree Commission shall review all nominations and shall make a written final recommendation to the City Council. The Council shall review the recommendation and make the final determination for Heritage Tree status. C. Should the City Council approve the nomination; the tree shall be included on the Heritage Tree list adopted by resolution of the City Council. The property owner shall be notified of the Council's action. D. Once designated, a Heritage Tree shall be subject to the applicable provisions of this ordinance. E. A Heritage Tree may be removed from the list by the City Council upon its own motion, or the City shall remove a Heritage Tree from the list upon written request by the property owner. A request by the owner must state the reasons for removal from the list and be filed with the City Recorder. The City Recorder shall then remove the Heritage Tree from the list and cause to be filed with the county recording office a quitclaim deed quitclaiming any interest of the City resulting from the listing Attachments: Heritage Tree Resolution E-mail from Tree Commission of December 12, 2016 Heritage Tree Proposal Findings Photo of proposed heritage tree Tree Commission minutes of December 8, 2016 (See highlighted Discussion on Page 6 of 6) City Council minutes of April 18. 2017 (See Consent Agenda 42) Page 2 of 2 CITY OF -AS H LA N D RESOLUTION NO. 2017- A RESOLUTION CREATING THE `ASHLAND HERITAGE TREE LIST' AND INCLUDING THE SOUTHERN OREGON UNIVERSITY SPIRIT TREE, A SILVER MAPLE LOCATED IN THE COURTYARD BETWEEN THE MCLOUGHLIN AND SHASTA RESIDENCE HALLS, AS ASHLAND'S FIRST HERITAGE TREE. RECITALS: A. The City of Ashland recognizes that specific trees in Ashland are deserving of special status due to their distinctive form, size, age, location, species, unique qualities or historical significance; and values the contribution which such trees make to the beauty and quality of life of Ashland. B. The Ashland Land Use Ordinance provides in ALUO 18.4.5.060 that any person may nominate, with the written consent of the property owner, a mature tree for consideration as a Heritage Tree. The Tree Commission reviews nominations and makes final recommendation to the City Council to make the final determination for Heritage Tree status. Should the City Council approve the nomination, the tree shall be included on the Ashland Heritage Tree List adopted by resolution of the City Council. C. The Southern Oregon University Spirit Tree, a Silver Maple (Ater Saccharinum) located in the North Campus Village courtyard between the McLoughlin/Maka Yax and Shasta/Waii Ka residence halls was named Tree of the Year in 2014. This tree was preserved and protected through construction of the residence halls in 2012 at the urging of students, staff and community members. The tree survived construction and is now seen as a centerpiece of the campus that symbolizes unity between the University and the people of Ashland. The University has requested that it be granted Heritage Tree status and included on the Ashland Heritage Tree list. D. Silver Maples have a special place in the hearts of the local native Shasta people. Talking sticks were often fashioned from maple wood and were said to represent gentleness. The transformation of leaves from green to crimson during autumn is explained by native people during the Chasing the Bear myth. Traditionally, silver maples also served as a food source providing sap for sugar, intoxicants and bread, and Native American tribes in southern Oregon continue to use sliver maple sap for ethnobotanical endeavors, including the treatment of coughs, cramps, dysentery, sore eyes, measles, running sores and as diuretics. In considering the request, the Tree Commission noted that the tree embodies much of what is loved and aspired to in Ashland: an acknowledgement of our collective desire for peace and unity, a strong stable structure that shelters and nurtures, continuity and connection, and our tie today to our land's Native American heritage and Native American citizens. E. At the April 18, 2017 the Tree Commission requested that the City Council include the 1- 112117 Heritage Tree List Reso_Res.docxHeritage Tree Resolution 2017 Southern Oregon University Spirit Tree as the first tree on the Ashland Heritage Tree list. The City Council approved this request under the consent agenda and directed staff to come back with a resolution formally creating the Heritage Tree list. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland City Council hereby creates the Ashland Heritage Tree List as envisioned in ALUO 18.4.5.060. SECTION 2. The City of Ashland City Council hereby conveys Heritage Tree status and includes the Southern Oregon University Spirit Tree, a Silver Maple (Acer Saccharinum) located in the North Campus Village Courtyard between the McLoughlin and Shasta residence halls and the 2014 Ashland Tree of the Year, as Ashland's first Heritage Tree. This resolution was duly PASSED and ADOPTED this day of , 2017, and takes effect upon signing by the Mayor. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney 2- 112117 Heritage Tree List Reso_Res.docxHeritage Tree Resolution 2017 Ashland Heritage Tree List The City of Ashland recognizes that specific trees in Ashland are deserving of special status due to their distinctive form, size, age, location, species, unique qualities or historical significance; and values the contribution which such trees make to the beauty and quality of life of Ashland. 1. The Southern Oregon University Spirit Tree, a Silver Maple (Acer Saccharinum) located in the North Campus Village Courtyard between the McLoughlin and Shasta residence halls. Also named Ashland Tree of the Year for 2014. 3- 112117 Heritage Tree List Reso_Res.docxHeritage Tree Resolution 2017 On Dec 12, 2016, at 12:27 PM, Maureen Battistella <mbattistellaorpgmail.com> wrote: Greetings to Ashland's City Council, First, thank you for your service to the city as councilors. We know it is often rewarding but can sometimes be difficult. Ashland is a better place to live, work, and visit because of your efforts and your commitment. I am writing as the designated representative of the Ashland Tree Commission to endorse Southern Oregon University's proposal to the Oregon Heritage Tree program, nominating the Southern Oregon University Spirit Tree (a Silver Maple, Acer saccharinum) as an Oregon Heritage Tree. If accepted, this will be Ashland's first tree to be designated as an Oregon Heritage Tree. I am also writing to formally endorse Southern Oregon University's nomination of the tree as an Ashland Heritage Tree. As far as the Commission has been able to determine, this is Ashland's first tree to be nominated for the Ashland Heritage Tree program. The Southern Oregon University Spirit Tree embodies much of what we love and aspire to here in Ashland: an acknowledgement of our collective desire for peace and unity, a strong stable structure that shelters and nurtures. The Southern Oregon University Spirit Tree also represents continuity and connection and is our tie today to our land's Native American heritage and Native American citizens. The Silver Maple is big and beautiful, its summer canopy splendid and its winter framework impressive against the sky. The Ashland Tree Commission appreciates Southern Oregon University's thoughtful, well written, nicely documented, and participative approach to developing the nominations for both the Oregon and Ashland Heritage Tree programs. Many SOU faculty, staff, and students from a variety of backgrounds and points of view contributed to the nominations. In conclusion, the Commissioners of the Ashland Tree Commission formally endorse Southern Oregon University's nominations of this excellent and historic tree, and ask that Ashland's City Council endorse them as well. Thank you for your consideration. Maureen. Maureen Flanagan Battistella Ashland Tree Commissioner, 5/19/15-4/30/17 On Behalf of the Ashland Tree Commission 395 Hemlock Lane Ashland, OR 97520 541-552-0743 I Heritage Tree Proposal Findings: Construction began at Southern Oregon University (SOU) in April 2012 to afford new housing to its ever-growing body of students. Two dormitories would be erected in honor of the Native Shasta people- and a spiritual ritual would once constructed. Unfortunately, a striking silver maple over 40 years old stood at the heart of the construction site. The construction contractor for the university scheduled the tree's destruction to make way for these new dorms. A petition was created to save the beautiful tree, bringing together students, staff, and community members to defend the silver maple. Petition in hand, the construction company decided to preserve the silver maple. Not only did the tree survive the construction, but it is now a centerpiece of campus. In 2014, this specific tree was nominated for Tree of the Year Award for the city of Ashland. It's nomination was to honor not only its beauty, but also its survival from demolition. Up against twelve other trees, the people of Ashland once again rallied for the tree-and it won! In April of 2014, SOU accepted the Tree of the Year Award for the silver maple at our annual Arbor Day celebration. This award once again pulled together community members and students to honor the silver maple. Since then, the silver maple has been an important symbol of unity between Southern Oregon University and the people of Ashland. The silver maple is lit up every year during the city of Ashland's Festival of Lights to signify support between the city and SOU. Silver maples also have a special place in the hearts of the local native Shasta people. Talking sticks were often fashioned from maple wood and were said to represent gentleness. The transformation of leaves from green to crimson during autumn is explained by native people during the Chasing the Bear myth. Traditionally, silver maples also served as a food source proving sap for sugar, intoxicants, and bread. Native American tribes in southern Oregon continue to use silver maple sap for ethnobotanical endeavors. These include coughs, cramps, dysentery, sore eyes, measles, running sores, and diuretics. r l.I: I;■ fly.' J'' 1 g. r dt*, •e I e ..e r~■ s■ : ~ i Ate IN f ■ r a; i :w c i :r gum , I J low, F HE Jf• 14 loom, limmi n■ O .rte" E~qq _1~1 E7 a i■ _ ~ ■N7< ` ~'l~r r~ S ~1 CITY OF -ASHLAND DRAFT TREE COMMISSION MINUTES December 8, 2016 CALL TO ORDER Chair Christopher John called the meeting to order at 6:00 pm in the Siskiyou Room of the Community Development and Engineering Services Building located at 51 Winburn Way. Commissioners Present: Council Liaison: Maureen Batistella Carol Voisin, absent Mike Oxendine Asa Cates Parks Liaison: Christopher John Peter Baughman, absent Casey Roland Commissioners Absent: Staff Present: Russell Neff Cory Darrow, Assistant Planner APPROVAL OF MINUTES Oxendine/Batistella m/s to approve the minutes of November 3, 2016 Tree Commission meeting. Voice Vote: All ayes, motion passed unanimously. PUBLIC FORUM No audience members spoke. TYPE I REVIEWS PLANNING ACTION: PA-2016-02103 SUBJECT PROPERTY: 133 Alicia Street OWNER/APPLICANT: Mike and Karen Mallory, trustees for the Mallory Revocable Trust DESCRIPTION: A request for Site Design Review approval to construct a 417 square foot Accessory Residential Unit for the property located at 133 Alicia Street. The application includes requests for Exception to the Site Development and Design Standards for the placement and screening of parking relative to the Accessory Residential Unit. (The proposal is based upon designation of Alida Street as the front lot line which is consistent with the established orientation of the historic contributing "James A. & Viola Youngs" house on the property.)COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09DA; TAX LOT 3300. Darrow gave a staff report explaining the Commission is looking at the Tree Protection Plan. Applicants Mike and Karen Mallory and Landscape Architect Kerry KenCairn 545 A Street were present to answer questions and explain the proposal. Ms. KenCairn expressed the concern of the applicants to preserve all the trees on site. After a brief discussion the Commissioners made the following motion. Oxendine/Batistella m/s to approve the tree protection as presented. Voice Vote: Batistella, Oxendine, John, Cates approved, Roland opposed. Motion passed. PLANNING ACTION: PA-2016-02017 SUBJECT PROPERTY: 565 Allison Street APPLICANT: Randy Ellison DESCRIPTION: This application requests a Tree Removal Permit to remove and replace two dying Birch trees from a six-unit multi-family property. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 DB TAX LOT: 230. Darrow gave his staff report explaining that there was a mistake on the noticing and this application is actually for one split trunk tree rather than two separate trees. Applicant Randy Ellison, 305 Liberty Street was present to answer questions and explain why they are requesting to remove the tree. The tree has been continually dying and will be mitigated with a deciduous tree. John/Oxendine m/s to approve the application as presented. Voice Vote: All ayes, motion passed. Allan Sandler arrived late to the meeting and missed the public forum time on the agenda. He asked the Chair for permission to speak for three minutes. The Chair, Christopher John, agreed he could speak for a brief period of time. Mr. Sandler explained he has two trees in front of the Old Mason Building located at 25 North Main that will be coming out with the future construction of a new balcony off of the Granite Tap House. Mr. Sandler asked the Commissioners for their recommendation of what trees to plant in their place. Commissioner Roland expressed his disapproval of what he felt was the topping of those trees prior to the approval of their removal. Roland appeared to lose his composure and began to insult Mr. Sandler "challenging" him to meet in the parking lot. At that point the other Commissioners told Mr. Sandler to choose a tree from the Street Tree Guide. A physical altercation nearly broke out but the Commissioners and applicants were able to intervene. The Commissioners acknowledged Roland's behavior was not acceptable and at one point asking him to leave the meeting. Roland did not leave and the meeting continued. PLANNING ACTION: PA-2016-02086 SUBJECT PROPERTY: 801 Ashland Street APPLICANT: Rogue Real Estate OWNER: Bobwig Limited LLC DESCRIPTION: This is a request to remove two hazardous Calocedrus Decurrens trees from the multi-family property at 801 Ashland Street. According to the arborist report both trees are damaging retaining walls which support foundation and structure of nearby buildings. In addition, the trunks of the trees are touching the structures eaves damaging the building.COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 09 DC TAX LOT: 10200. All the Commissioners did a site visit. The Commissioners agreed this application was pretty straight forward and removal seemed appropriate. Oxendine/Cates m/s to approve the application as presented. Voice Vote: A# ayes, motion passed. I~ PLANNING ACTION: PA-2016-02212 SUBJECT PROPERTY: 549 East Main Street APPLICANT: Len Gotshalk DESCRIPTION: This application proposes to remove one potentially-hazardous Walnut tree and mitigate the removal with a Raywood Ash or similar species. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 AC TAX LOT: 6100. Darrow gave a staff report explaining the application says the Walnut tree encroaches on overhead wires and is lifting the foundation causing damage to the structure and driveway area. Applicant Len Gotshalk, 1200 Butler Creek Rd explained why he wanted to remove the tree. He stated the tree was not planted but most likely a volunteer. Mr. Gotshalk also pointed out he had to repair the sewer line a couple of weeks ago due to the roots of the tree. All the Commissioners did a site visit. The Commissioners recommended mitigating with something other than a Raywood Ash in order to avoid more problems down the road. A Maple or Oak was suggested as well as planting the new tree further away from the house. Batistella/John m/s to accept the proposal as stated. Voice Vote: All ayes, motion passed. PLANNING ACTION: PA-2016-02026 SUBJECT PROPERTY: 602 Glenwood Drive APPLICANT: Yanneka De La Mater OWNER: Boisvert Trust DESCRIPTION: A request for a Site Design Review to allow for the conversion of a portion of an existing residence to an Accessory Residential Unit (ARU) on the subject property. The proposed dwelling unit will be located entirely within the existing buildings footprint and will not require any exterior modifications. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 16AA; TAX LOTS: 600 & 700. Darrow gave his staff report explaining that with this application no trees are proposed for removal. The Commissioners just need to review the tree protection plan. All the Commissioners did a site visit. Applicant Yanneka De La Mater reviewed her plan with the Commissioners. Ms. De La Mater submitted additional information. See exhibit C. Batistella/John m/s to approve the application with no concems. Voice Vote. BaNstella, Cates, John, and Oxendine approved, Roland opposed, motion passed. PLANNING ACTION: PA-2016-01890 SUBJECT PROPERTY: 662 South Mountain Avenue APPLICANT: Amy Gunter/Rogue Planning & Development Services DESCRIPTION: This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18-inches in diameter at breast height on a vacant property located at 662 South Mountain Avenue. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 16 AA TAX LOT: 9001. Chair John, recused himself. Darrow gave a staff report. This application was reviewed by the Tree Commission last month at which time the Commission asked the applicant to mark the trees on site and submit additional information. All the Commissioners did a site visit. Property owner Gil Livni, 2532 Old Mill Ashland, was present to answer questions and explain the application. Batistella/Cates m/s to accept the petition to remove the five trees #2, 3, 4, 5 and 7 with the request that these removals be mitigated by at least ten conifers further that a continuous wall of tree protection fencing is installed to isolate the building footprint wrapping the trees along the Southern property line including tree X and tree #1. Additional fencing to protect tree #61n the Northwest corner of the three conifers at the Northeast corner on Fem. Cates made an amendment. That four inches of bark chips be placed around the remaining trees to the building footprint before the fencing is installed. Also recommend following Southern Oregon Tree Cares report with concern about protecting the remaining trees. Batistella seconded the amendment. Voice Vote. Batistella and Cates approved, Roland and Oxendine opposed. Motion did not carry. PLANNING ACTION: PA-2016-02104 SUBJECT PROPERTY: 183 West Nevada Street APPLICANT: Barb Barasa DESCRIPTION: This application requests Site Design Review approval to allow for a conversion of the garage into a 538 sq. ft. Accessory Residential Unit. The application also includes a request for an exception to street standards to not install city standard sidewalks trees and a request for an exception to provide mesh tree protection fencing instead of chain link. COMPREHENSIVE PLAN DESIGNATION: Single-family; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E 04 BC TAX LOT: 2300. All the Commissioners did a site visit. Darrow reported no trees are proposed for removal but tree protection is required. The applicant is requesting to use mesh fencing instead of chain link as the tree to be protected is away from the construction site. Property owner, Barb Barasa, 183 W Nevada was present to answer questions. She mentioned one of the reasons she did not want to do the chain link fence was the expense of it. Roland made a motion to deny the use of poly fencing and require a chain link fence and he will absorb the cast. The motion was not seconded. Roland/Oxendine m/s to approve the tree protection plan but not allowing the mesh. Voice Vote. Cates, John, Batistella opposed, Roland, Oxendine approved. Motion did not carry. John/Cater m/s to accept tree protection plan as proposed. Voice Vote. Batistella, John, Cates approvec; Roland Oxendine opposed. Motion passed. PLANNING ACTION: PA-2016-02201 SUBJECT PROPERTY: 221 Oak Street OWNER: Spartan Ashland Natalie Real Estate, LLC APPLICANT: Bemis Developments, Inc. DESCRIPTION: A request for a modification of previously approved Planning Action #2015-01517 for the property located at 221 Oak Street. The modifications requested include: 1) relocation of the recreation area to the east side of the property, between 209 and 221 Oak Street; 2) relocation of the new cottage to the west side of the property, in the previously approved recreation area; 3) the addition of four new parking spaces; 4) the removal of one tree (Tree #1), the large cedar located at the northeast corner of the property near the driveway entrance; and 5) modifications to the design of the home being reconstructed at 221 Oak Street including the exterior treatment and roof pitch. Also requested is an Exception to the Solar Setback requirement to allow the reconstructed home at 221 Oak Street to cast a shadow on the property to the north greater than would be cast by a six-foot fence built on the property line. The owner of the property to the north has agreed to the proposed Exception. (The previous approval granted Outline & Final Plan, Site Design Review, Conditional Use Permit, Variance, Exceptions and Tree Removal Permit approvals for the properties at 209-221- 225 Oak Street and 11 B Street.)COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 IF 09BB; TAX LOTS: 15900. Chair John recused himself. All the Commissioners did a site visit. Darrow gave his staff report. Contractor Ed Bemis was present to represent the applicant. He discussed the dangers that the large Cedar Tree located on Oak Street might propose. Additional information was distributed see exhibit A and B. Oxendine/Cates m/s to approve the tree removal request with recommendation that all of the chips from that tree be placed around the existing Cedar tree and that the tree is watered once a week throughout the summer to a depth ofsixinches. All the trees on site are continued to be protected by the tree protection fencing that is currently up. Voice Vote, Batistella, Cates, John, Oxendine appro ved, Roland opposed. Motion passed PLANNING ACTION: PA-2016-01947 SUBJECT PROPERTY: 549 Fairview Street APPLICANT: Bob Haxton OWNER: James Williams DESCRIPTION: A request for a Site Design Review to allow for the construction of a 499 square foot second dwelling unit on the subject property. The proposed structure will be two stories with a single car garage located on the first floor and the dwelling unit on the second floor.COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09CA; TAX LOT: 14100. Darrow explained no trees are being removed but the Commission is to review the tree protection plans. After reviewing the application the Tree Commission felt the tree protection plan was not adequate. Oxendine/Roland m/s to deny until an adequate tree protection plan is submitted. Voice Vote: All ayes, motion passed. PLANNING ACTION: PA-2016-02223 SUBJECT PROPERTY: 19 Granite Street APPLICANT: John Reitan DESCRIPTION: This application proposes to remove one potentially-hazardous Incense Cedar tree located along the driveway of 19 Granite Street. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09 BB TAX LOT: 6100. Darrow gave a staff report explaining the definition of a hazardous tree. Oxendine/Cates m/s to approve with the recommendation to mitigate the tree on site with a small understory tree. Voice Vote: Batistella, Cates, Oxendine, Roland approved, John abstained. Motion passed TYPE II REVIEWS PLANNING ACTION: PA-2016-02060 SUBJECT PROPERTY: 639 Tolman Creek Road OWNER/APPLICANT: Southern Oregon Goodwill DESCRIPTION: A request for Site Design Review approval for a renovation and addition to the existing Southern Oregon Goodwill store located at 639 Tolman Creek Road. The application includes a proposed 7,461 square foot addition consisting of retail and warehouse space and the relocation and expansion of the covered drop-off area. Also included is a request for a Tree Removal Permit to remove six trees that are greater than six- inches in diameter from the property. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 14BA; TAX LOT 14. Darrow gave a staff report explaining the plans provided identify seven trees on the property, six of which are six-inches in diameter at breast height (d.b.h.) or greater. All of the site's trees are proposed for removal with the current proposal as they are noted as being in areas that will be disturbed with the building additions and associated site work for parking, circulation, plaza space and frontage improvements After a discussion the Commissioners made the following motion. Oxendine/Cates m/s to approve with the recommendation that they put tree guards on all the trees to protect against deerrub and that evergreen species be included on the planting list and increase the calipersize ofpropased trees to a minimum of two inches. Voice Vote: All ayes, motion passed unanimously. DISCUSSION Oregon Heritage Tree Protection Nomination - The Commissioners discussed the nomination of a Silver Maple by Southern Oregon University to the Oregon Heritage Tree Program. Batistella volunteered to write a letter representing the Tree Commissions endorsement of Southern Oregon Universities proposal for a Silver Maple to the Oregon Heritage Tree Program and also to endorse Southern Oregon's Universities nomination for the Silver Maple to the Ashland Heritage Tree Program. The Commissioners discussed the behavior of Roland at this evenings meeting. The Commissioners agreed that Roland's passion and knowledge of trees has been greatly appreciated. Though the Commissioners would like to see Roland remain on the Commission it was suggested that he draft a letter of apology. Roland acknowledged it would be best if he resigned because he would continue to have difficulty keeping quiet and maintaining his professionalism. He was reminded there should be a separation between personality and process as a representative of the Commission. Meeting adjourned at 9:35 p.m. Respectfully submitted by Carolyn Schwendener Council Business Meetin November 21, 2017 Title: A Resolution Authorizing a Loan from the Safe Drinking Water Revolving Loan Fund From: Paula C. Brown, PE Public Works Director pauIa.brownCu-_)ashland. or.us Scott A. Fleury Deputy Public Works Director scott.fleury(a~ashland. or.us Summary: Before Council is a request to approve a resolution authorizing a financing loan increase of $954,173 to a new loan total of $4,465,200, and adjusting the loan's subsequent re-payment date. The additional funds ensure full pump station replacements for both Park Estates and Terrace Street Pump Stations rather than the initial pump only replacements. This is an ongoing project with the Oregon Infrastructure Finance Authority (IFA) that was initially signed on July 1, 2014, with the TAP Pipeline and Pump Station Improvements. Actions, Options, or Potential Motions: Council may move approval of a resolution titled, "A resolution authorizing a loan from the Safe Drinking Water Revolving Loan Fund by entering into a financing contract with the Oregon Infrastructure Finance Authority for contract amendment number 4, (S 14005, A-04) Pump Station Replacements and TAP Intertie," and further authorize the Interim City Administrator to sign the loan documents. Should Council not approve this loan increase, staff recommends moving forward with this projects and borrowing the funds from a different source such as the Oregon Special Public Works Fund (through Business Oregon) or conventional financing which would likely incur higher interest rates and repayment costs. Staff Recommendation: Staff recommends moving forward with the new loan amount. Business Oregon manages the IFA loans and Ms. Mary Baker, along with the City's Project Manager, Kevin Caldwell, have partnered to ensure the City will meet the IFA requirements and fiduciary responsibilities. Resource Requirements: Total project cost amounts are $7,087,805 and include the original TAP emergency pipeline in 2014/2015; increased for the permanent TAP pump station; and again now for the Park Estates and Terrace Street Pump Stations. The biennium budget has $3,570,000 for the pump stations and pretreatment for the City's use of Talent Irrigation Ditch raw water. This additional loan amount will be added as new revenue and a new expenditure. The repayment amount will come for a mix of SDCs and rates. Page I of 2 CITY OF -ASHLAND Policies, Plans and Goals Supported: The projects presented above represent the development and subsequent Council approval of the 2012 Comprehensive Water Master Plan Update. The water master plan update was the culmination of a multiyear effort between Carollo Engineers, AWAC and city staff. Staff is currently in the process of completing a new Water Master Plan Update with RH2 Engineers. Council Goals: 4. Evaluate real property and facility assets to strategically support city mission and goals. 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Background and Additional Information: Council authorized the emergency procurement process for the TAP Pipeline project on February 18, 2014, in response to drought projections. Council further re-obligated $2.4 million originally designated for the Park Estates Pump Station to the TAP pipeline project and also authorized the original Oregon Infrastructure Finance Authority (IFA) Safe Drinking Water Revolving Loan Fund in the amount of $2,970,000 (with $950,000 eligible for principal forgiveness if contract conditions are met) and the interest rate is not more than I% if contract conditions are met (and 3.48% if not met). On March 17, 2015, Council authorized amendment #1 to increase the original loan amount by $541,027 in order to build a permanent pump station bringing the new loan amount to $3,511,027 with the same principal forgiveness and interest rate terms as the original loan. Two additional amendments were executed; amendment #2 (executed in February 2017) to remove the Loop Road Reservoir and increase the amount of matching funds, transferring the remaining funds to the Pump Station Improvements; and amendment 93 (executed in September 2017) extending the contract completion to January 17, 2019. This amendment #4 increases the loan by $954,173 to a new loan total of $4,465,200 to replace both the Park Estates and Terrace Street Pump Stations in their entirety, not just replace the variable frequency drive pumps, to ensure they meet adequate suction and automation for the existing reservoir. Amendment #4 the same principal forgiveness ($950,000) and interest rate (1%) terms as the original loan and the extended contract completion of January 17, 2019 has the first repayment date extended from December 1, 2017 to December 1, 2019. Attachments: • Resolution • Contract Amendment Number 4, (S14005, A-04) • Promissory Note IFA / City of Ashland Page 2of2 CITY OF -ASHLAND RESOLUTION NO. 2017- A RESOLUTION AUTHORIZING A LOAN FROM THE SAFE DRINKING WATER REVOLVING LOAN FUND BY ENTERING INTO A FINANCING CONTRACT WITH THE OREGON INFRASTRUCTURE FINANCE AUTHORITY FOR CONTRACT AMENDMENT NUMBER 4, (S140059 A-04) PUMP STATION REPLACEMENTS AND TAP INTERTIE RECITALS: A. The City of Ashland "Recipient" is a community water system as defined in Oregon Administrative Rule 123-0490010. B. The Safe Drinking Water Act Amendments of 1996, Pub.L. 104-182, as amended (the "Act'), authorize any community or nonprofit non-community water system to file an application with the Oregon Infrastructure Finance Authority ("the IFA") to obtain financial assistance from the Safe Drinking Water Revolving Loan Fund. C. The Recipient and IFA signed a Financing Contract, #S 14005, to contract for financial assistance for a "safe drinking water project" within the meaning of the Act, D. The Recipient has applied to the IFA for an increase in the loan amount from IFA, and is required, as a prerequisite to the receipt of financial assistance from the IFA, to enter into an amendment to the Financing Contract with the IFA, substantially in the form attached hereto as Exhibit A. E. Notice relating to the Recipient's consideration of the adoption of this Resolution was published in full accordance with the Recipient's charter and laws for public notification. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Financing Loan Authorized. The Governing Body authorizes the City Administrator to execute the Financing Contract and the Promissory Note (the "Financing Documents") and such other documents as may be required to obtain financial assistance including a loan from the IFA on the condition that the principal amount of the loan from the IFA to the Recipient is not more than $3,515,200 (with $950,000 eligible for principal forgiveness if contract conditions are met) and the interest rate is not more than 1% if contract conditions are met (and 3.48% if not met). The proceeds of the loan from the IFA shall be applied solely to the "Costs of the Project" as such term is defined in the Financing Contract. SECTION 2. Security. Amounts payable by the Recipient shall be payable from the sources described in Section 4 of the Financing Contract and the Oregon Revised Statutes Section 285A.213 (5) which include: (a) Revenue from any water system project of the Recipient, including special assessment revenue; Resolution No. 2017- Page 1 of 2 (b) Amounts withheld under subsection 285A.213 (6); (c) The general fund of the Recipient; (d) Any combination of sources listed in paragraphs (a) to (c) of this subsection; or (e) Any other source. SECTION 3. Additional Documents. The Interim City Administrator is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the IFA for the Project pursuant to the Financing Documents. SECTION 4. Tax-Exempt Status. The Recipient covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the Recipient pursuant to the Financing Documents not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The City Administrator of the Recipient may enter into covenants on behalf of the Recipient to protect the tax-exempt status of the interest paid by the Recipient pursuant to the Financing Documents and may execute any Tax Certificate, Internal Revenue Service forms or other documents as shall be required by the IFA or their bond counsel to protect tax-exempt status of such interest. This resolution was duly PASSED and ADOPTED this day of 2017, and takes effect upon signing by the Mayor. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of 2015. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2017- Page 2 of 2 Amendment Number 4 Project Name: Pump Station Replacements and TAP [ntertie This amendment is made and entered into by and between the State of Oregon, acting by and through the Oregon Infrastructure Finance Authority of the Oregon Business Development Department ("IFA"), and the City of Ashland ("Recipient"), and amends the Financing Contract, Project Number 514005, dated , 18 July 2014 (as amended, "Contract") for the above-named Project. Capitalized terms not defined in this amendment have the meanings assigned to them by the Contract. Recital: The purpose of this amendment is to increase the loan amount to pay for an additional pump station replacement. The parties agree as follows: 1. Amend the Project Name as follows (deletion in stfikethreugh; addition in double underline): "Project Name: Pump Station impr-evement-s Replacements and TAP Intertie" 2. Amend the following Key Terms in Section I of the Contract as follows (deletions in str-ike4hfeugh; additions in double underline): " "Estimated Project Cost" means $6,133,x, 08 80 "Loan Amount" means $2~t,'- 5 200 " 3. Delete Exhibit C (Form of Section 2.A. Promissory Note) to the Contract and replace it with the attached new Exhibit C. 1 4. Amend Exhibit D (Project Description) to the Contract as follows (deletions in st}iketl gh; additions a in double underline}: : " Recipient, with the assistance of an engineer licensed in Oregon, will complete the following two p project activities: 1. Pump station replacements: Replace two pump stations in their entirety to suit the suction requirements for filling the existing reservoir. Move all electrical and mechanical components above ground into new buildings that will eliminate confined space hazards to staff at both locations and allow for automated pump station operation This activity covers design and constructio. n Pump station upgrades and replacements; PUMP STATION !MPROVEMENTS (Master Plan PFOjOGt, C 19 p' 8 t 5) This elud «1. + ~ +h Pade Estates station • + •t e€ftsiensy of t-he-pimps by-replesement with the hrhe€fieieney pu"s-The-sesend-puffiP Y"••'Y•••b ' and vvixcxvr.This -aosr'rich--vv=r=vi-saosrFjxx-anv-oonvcruvcrvrr. 2. Extension of the Talent, Ashland, Phoenix (TAP) pipeline from Talent to Ashland to provide additional/alternative water to supplement Ashland's water treatment plant along with pump stations, including construction of a two new permanent pump station, to bring water to 'i Ashland. This activity includes design and installation of 14,000 feet of pipe and medifieaftan of the Talent pump swien." 5. Delete Exhibit E (Project Budget) to the Contract and replace it with the attached new Exhibit E. Amendment Number 4 514005, A-04 AshlandAmend.doac Page 1 of 5 IFA shall have no obligation under this amendment, unless within 60 days after receipt, the Recipient delivers to IFA the following items, each in form and substance satisfactory to IFA and its Counsel: (i) This amendment duly executed by an authorized officer of the Recipient; (ii) A copy of the ordinance, order or resolution of the governing body of Recipient, certified by an authorized officer of Recipient, authorizing the borrowing of the new Loan Amount, the contemplated transactions under this amendment, and the execution and delivery of this amendment and the replacement Note. (iii) A replacement Section 2.A. Note duly executed by an authorized officer of the Recipient, substantially in the form of Exhibit C, given in replacement of, but not in payment or satisfaction of, the existing Section 2.A. Note. (iv) Such other certificates, documents, opinions and information as the State may reasonably require. Except as specifically provided above, this amendment does not modify the Contract, and Contract shall remain in full force and effect during the term thereof. This amendment is effective on the date it is fully executed and approved as required by applicable law. Y,l CITY OF o S LA ~SH N D a .9 STATE OF OREGON CITY OF ASHLAND acting by and through the Oregon Infrastructure Finance Authority By: By: Chris Cummings, Assistant Director The Honorable John Stromber g r Economic Development Mayor of Ashland r Date: l Date: 1 APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: /s/ David Elott (as per email dated 23 October 2017) i David Elott, Assistant Attorney General t' I C 7 R IF Amendment Number 4 s14W5, A-04 Ashland Amend.dwx Page 2 of 5 i City of Ashland PROMISSORY NOTE Dated , Ashland, Oregon FOR VALUE RECEIVED, the City of Ashland, 20 E Main Street, Ashland, OR 97520 ("Recipient"), unconditionally promises to pay in lawful money of the United States of America to the order of the STATE OF OREGON, ACTING BY AND THROUGH THE OREGON INFRASTRUCTURE FINANCE AUTHORITY ("IFA" at its principal office at 775 Summer Street NE, Suite 200, Salem, OR 97301-1280, or such other place as IFA or other holder of this Note may designate, the principal sum of Three Million, Five Hundred Fifteen Thousand, Two Hundred Dollars ($3,515,200) or so much as is disbursed under the Contract (as defined below), plus interest on each disbursement at the Note Interest Rate of One percent (1.0%) per annum, from the disbursement date until paid. Interest will be computed on the basis of a 360-day year, consisting of twelve 30-day months. This Note is subject to and secured by that certain contract, number S14005, between IFA and Recipient (as amended from time to time, the "Contract"). Capitalized terms not otherwise defined in this Note will have the meanings assigned to them by the Contract. The Recipient shall make level installment payments of principal and interest, commencing on the Repayment Commencement Date and thereafter on each Payment Date. Each such installment will be in an amount sufficient to pay the interest accrued to the date of payment and so much of the principal as will fully amortize the Loan by the Maturity Date. Notwithstanding the above, the first such installment payment will be adjusted to include actual unpaid interest that accrued to the Repayment Commencement Date. On the Maturity Date, the entire outstanding principal balance and all accrued unpaid interest will be due and payable in full. This Note is subject to mandatory prepayment and is payable prior to its maturity, and each payment. made by Recipient will be applied as provided in section 4 (Loan Payment; Prepayment) of the Contract. This Note is given to avoid the execution by Recipient of an individual note for each disbursement of Loan proceeds by IFA to Recipient in accordance with section 3 (Disbursements) of the Contract. The Recipient authorizes WA to record the date and amount of each such disbursement, the date and amount of each payment and prepayment by Recipient, and the amount of interest accrued and paid. Absent manifest error, such notations will be conclusive evidence of borrowing, payments and interest under this Note; provided, however, that failure to make any such notations will not affect the obligations of Recipient under this Note or the Contract. If any Event of Default occurs, the outstanding balance of this Note (including principal, interest and other charges, if any), at the option of IFA, becomes immediately due and payable in accordance with section 10 (Remedies) of the Contract. Failure or delay of the holder of this Note to exercise any option available under the terms of this Note, the Contract or any of the Financing Documents will not constitute a waiver of the right to exercise the option in the event of any continuing or subsequent default of the same or of any other provision. Presentment, dishonor, notice of dishonor, and protest are hereby waived. 1 Promissory Note Amendment Number 4 s14005, A-04 Ashland Promissory Note.doac Page 1 of 2 t E To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, the prevailing party in any dispute arising from this Note is entitled to recover its reasonable attorneys' fees and costs at a trial and on appeal. Reasonable attorneys' fees cannot exceed the rate charged to IFA by its attorneys. Recipient shall, on demand, pay to IFA reasonable expenses incurred by IFA in the collection of Loan payments. t The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Note, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Notice to Recipient: Do not sign this Note before you read it. F' CITY OF ASHLAND 9 B By: Title: a v i t I: 5 I i qC p$ L u 3 Promissory Note l Amendment Number 4 514005, A-04 Ashland Promissory Note.doac Page 2 of 2 Council Business Meeting November 21, 201? Title: Special Procurement for Pioneer Hall Rehabilitation Plan Development From: Paula C. Brown P.E. Public Works Director Paula. brown(a)-ashland.or.us Kaylea Kathol Project Manager kaylea.kathol(a)ashland. or.us Summary: Before the Council is a special procurement, direct award, to commission architectural and structural engineering services for the rehabilitation of Pioneer Hall. Services will include the development of plans for modifying the building to achieve compliance with the 2014 Oregon Structural Specialty Code (OSSC), including occupancy, gravity and seismic provisions. Actions, Options, or Potential Motions: Move to approve a special procurement, direct award, with Steve Ennis Architect for the development of architectural and structural construction plans for the rehabilitation of Pioneer Hall - Phase 2, as defined in the scope of services. Staff Recommendation: Staff recommends approval of the special procurement for professional services with Steve Ennis Architect to advance Phase 2 of the rehabilitation of Pioneer Hall. Resource Requirements: The proposed budget for services is $39,462 and within the current Public Works budget for facilities management. Policies, Plans and Goals Supported: 2.2 Engage boards and commissions in supporting the strategic plan 4 Evaluate real property and facility assets to strategically support city mission and goals • Maintain existing infrastructure to meet regulatory requirements and minimize life- cycle costs • Deliver timely life-cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning, management, and financial resources Background and Additional Information: In 2017 the City commissioned Steve Ennis Architect (Ennis) to evaluate the occupancy, structural, and seismic conditions of Pioneer Hall pursuant to the 2014 OSSC. Ennis and his Pagel of 2 CITY OF -ASHLAND subcontractor, Marques Engineering Associates (Marquess) found numerous deficiencies in the structure, some of which were fairly concerning and imminent, including an overloaded roof under snow (and possibly wind) loads, overloaded floor joists and beams under a live load, and multiple seismic deficiencies, including a stone chimney that will not withstand a seismic event. Parts of the structure are more than 100 years old, according to the City's insurance appraisals, so the extent of code variances are not particularly surprising. The full report available upon request from the City's project manager, Kaylea Kathol, kaylea.kathol a,ashland.or.us. Council authorized the City to commission the development of construction plans to implement all corrective actions recommended in the evaluation report during the November 6, 2017 Study Session. The City desires to utilize the Ennis/Marquess team for this second phase of the project, due to their extensive and unpatrolled site-specific knowledge. A scope of work proposal provided by Ennis indicates that phase 2 will cost close to $40,000, and therefore must be competitively bid pursuant to ORS 27913.070. Staff believes that it is not in the public best interest to initiate a competitive solicitation for this project, as detailed in the attached Special Procurement Request for Approval. This is a time- sensitive project, with respect to both the severity of the deficiencies and the compressed time period for construction (specifically, when the facility is not being used as a cold weather shelter). Staff estimates that a competitive solicitation will set the project schedule back by 4 to 6 months, and would likely result in missing the summer 2018 construction window. Not only is a competitive solicitation time consuming, it also may result in a contract award to a firm that has no site experience. Due to the risk associated with structural work, it is unlikely that any other potential firm would "blindly" accept Ennis's findings. It is much more likely that a new firm would perform their own evaluations and calculations, thereby duplicating many of the previous efforts, resulting in increased project costs and a low likelihood of meeting an aggressive a summer construction schedule. Ennis and Marquess have completed a labor- and time-intensive evaluation of Pioneer Hall. They've been underneath the building, in the walls, and in the ceilings, in order to develop as- built drawings and perform accurate structural calculations and assessments. The team has site expertise that cannot be matched by any other potential bidder. In addition, they have a proprietary confidence in their observations and calculations. For these reasons, staff believes it makes little sense to enter into a competitive solicitation, and that it is in the public best interest to directly award phase 2 of Pioneer Hall Rehabilitation to Ennis. Attachments: Form #9 - Special Procurement Exhibit A - Scope of Services / Proposal References: Final Report on Pioneer Ilall Code Evaluation, Ennis October 17, 2017 Page 2 of 2 CITY OF -ASH LAN D CITY OF ASHLAND FOR 9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Paula Brown, Director of Public Works P.E. Date: 11/21/2017 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works Department 2. Department Contact Name: Paula C. Brown, PE, Director of Public Works 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From: December 1. 2017 To: October 31, 2018 5. Total Estimated Cost: $39,462 6. Short title of the Procurement: Pioneer Hall Rehabilitation - Plan Development Supplies and/or Services or class of Supplies and/or Services to be acquired: The City intends to commission architectural and structural engineering services for the rehabilitation of Pioneer Hall. Services will include the development of plans for modifying the building to achieve compliance with the 2014 Oregon Structural Specialty Code, including occupancy, rg avi , and seismic provisions. A scope of work is provided in Exhibit A. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: A 2017 analysis of Pioneer Hall enumerated multiple code, condition, gravity (e.g. loading), and seismic deficiencies in Pioneer Hall, including the finding the roof is overloaded under snow loads. The analysis, performed by Steve Ennis Architect (Ennis), in partnership with Marquess Engineering (Marquess), may be requested from Kaylea Kathol: kaylea.katholaashland.or.us . Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 11/14/2017 8. Proposed procedure: The City requested Ennis to develop a budgeta!Y proposal for the development construction drawings for implementing the recommended upgrades detailed in Exhibit A. The City proposes to award the design contract directly to Ennis. 9. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The initial assessment of Pioneer Hall was a labor-intensive project that required the development of as-built drawings three to four "rounds" of inspections and surveys, and extensive structural and seismic calculations. As a result Ennis and Marquess (subcontractor) now have an unparalleled familiarity with the building. In addition and perhaps more importantly, these firms have confidence of ownership in the assessment's findings and calculations. Directly awarding the Design phase to Ennis is in the City's best interest, in terms of budget and schedule. Ennis will not need to familiarize his firm and subcontracts with the site, will not need to repeat any inspections, or redo any calculations. Due to the risk associated with structural work, it is unlikely that any oher potential firm would "blindly" accept Ennis's findings. It is much more likely that a new firm would perform their own evaluations and calculations thereby duplicating many of the previous efforts, resulting in increased project costs and a low likelihood of meetingan aggressive a summer construction schedule. 10. Findings to Satisfy the Required Standards: This proposed special procurement: x (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This request for special procurement is not based on favoritism, but rather on a consultant's level of site-specific knowledge and expertise that currently cannot be equaled. It should also be noted that the project manager (Kaylea Kathol) developing this request has commissioned numerous and varied local engineering and architectural firms within the past year. Kathol's contracting record is publically available and indicates no tendencies toward favoritism. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and x (b)(i) will result in substantial cost savings to the contracting agency or to the public because: (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 279B.060, 279B.065, or 27913.070, or any rules adopted thereunder because: The duplication of services that may result from a competitive bid process is not in the public interest. The schedule setbacks that will certainly result from a competitive bid are not in the public interest. The staff time consumed by coordinating with a consultant who has no site history or familiarity is not in the City's interest. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 11/14/2017 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - November 22, 2017 PUBLIC NOTICE Approval of a Special Procurement First date of publication: November 22, 2017 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on November 21, 2017. The City ofAshland will directly award a contractfor professional services associated with Pioneer Hall structural, seismic, and occupancy rehabilitation to Steve Ennis Architect and the sub consultant, Marquess Engineering. This team performed the initial code evaluations of Pioneer Hall, has developed as-built drawings and load calculations, and has unparalleled site expertise and familiarity with the building. According to the site-specific knowledge, the Ennis/Marquess team will be directly awarded a contract, for the development construction plans, specifications, and estimates. The contract will be awarded as a class-specific special procurement, as the City may desire additional assistance during construction administration. The cost of the contract is $39,462. The work will be performed within the currently adopted City ofAshland FY18119 Biennium Budget. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Public Works Department, Paula Brown, P.E., 20 E. Main St. Ashland, OR. The seven (7) protest period will expire at 5:00pm on November 28, 2017. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 11/14/2017 STEVE ENNIS ARCHITECT CITY OF ASHLAND PIONEER HALL ARCHITECTURAL & ENGINEERING FEE WORKSHEET November 9, 2017 ARCHITECT DRAFTSMAN A SCHEMATIC DESIGN PHASE (DONE) B DESIGN DEVELOPMENT PHASE 1 Scope Review Meeting with Owner 2 2 Cover Drawing & Site Plan (enlarged site plan) 2 5 3 Outline Scope of Work on Floor Plan, Building Sections & Ext. Elevs. 3 8 4 Draw up Roof Plan 1 3 5 Draw Interior Elevations 3 8 6 Coordination with Historic Commission & SHPO 8 7 Coordination with Cost Estimator 4 8 Approval Meeting with Owner 3 9 Coordination with Owner & Engineers (6 Weeks @ 2) 12 SUBTOTAL 38 24 C CONSTRUCTION DOCUMENTS PHASE 10 Details at Porch, Chimney & Cabinets 4 16 11 Meetings with Owner (75% & 95% Meetings @ 3 Each) 6 12 Specifications 16 13 Complete Cover Drawing, SP, FP, BS, RP, EE & IE 4 16 14 Coordination with Owner & Engineers (8 Weeks @ 2) 16 SUBTOTAL 46 32 D PERMITTING PHASE 15 Coordinate Permit with City 3 16 Approvals from Historic Commission & SHPO 16 17 Reply to Contractor Questions & Issue Addendums 8 18 Coordination with Owner & Engineers (6 Weeks @ 2) 12 SUBTOTAL 39 0 E CONSTRUCTION PHASE (Not in Contract) TOTAL HOURS 123 56 HOURLY RATES $94 $70 SUBTOTAL $11,562 $3,920 ARCHITECTURAL FEE $15,482 DESIGN DEVELOPMENT COST ESTIMATE (ACC Cost Consultants) $3,000 CML ENGINEERING (Marquess & Associates) $1,200 STRUCTURAL ENGINEERING (Marquess & Associates) $13,100 MEP ENGINEERING (Marquess & Associates) $6,680 ARCHITECTURAL $ ENGINEERING FEE $39,462 1108 FAST JACKSON STRIa:T • ~JEDFORD, OR 97501 Phone: (541) 618-9155 • Fax: (541) 618-9156 Council Business Meeting November 21, 2011 Title: Approval of Sewer Connection on a Property within the Urban Growth Boundary Outside City Limits From: Paula C. Brown, PE Public Works Director Paula. brown(cD-ashland.or. us Summary: Before Council is a request for approval of a connection to the City's sewer system for a property located outside of the city limits but within the urban growth boundary (UGB). Scott Brown and Jennifer Mortimer-Lamb, property owners of 3103 East Main Street, have requested a City sewer connection for the property in question due to a failing septic system. The Oregon Department of Environmental Quality (DEQ) has informed the property owners that they are unable to gain approval of an alternate on-site septic system as they are within 300 feet of an available sewerage service. As such they are therefore required to connect into city sewer. Ashland Municipal Code (AMC) Section 14.08.030 lists the conditions and requirements for connection of properties located outside the City limits but within the Urban Growth Boundary (UGB). This application currently meets all conditions of the code for connection to the City sewer system. Actions, Options, or Potential Motions: Council should move to approve the request to connect the property at 3103 East Main Street to the City sewer system. The alternative to approving this request puts the City and property owners at risk of not meeting the intent of OAR 340-071-0185 regarding proper decommissioning of septic system when a sewerage system is available. Staff Recommendation: Staff recommends approval of Scott Brown and Jennifer Mortimer-Lamb's request to connect the property at 3103 East Main Street to the City sewer system. The application meets all requirements set forth in AMC 14.08.030; there is adequate capacity in the sewer system; and there is a financial and environmental benefit to the City for the connection. Resource Requirements: Property owners with properties located outside the city limits, who connect to the City sewer system, are required to pay sewer system development fees (SDC). In this instance the property is commercial and is assessed by total number of fixture units. In addition, this location will pay an established monthly service fee for the sewer connection that is 1.5 times that of a property inside city limits. Pagel of 3 CITY OF -ASHLAND i The prior property owner, Shannon Beebe, previously paid for recording the consent to annexation and consent not to subdivide as this property was granted City connection to water in 2007 (City Council meeting August 7, 2007). Policies, Plans and Goals Supported: Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Evaluate all city infrastructure regarding planning management and financial resources BacklZround and Additional Information: Property Use: c The property is zoned County Rural Residential 5 Acres (RR-5), is a 1.79 acre single family t residence. The property is within the Ashland Airport Overlay zone. Neil Creek runs through the northern portion of the property and the resulting flood plain occupies nearly half the lot. t Current System Description: The current sanitary sewer condition at 3103 East Main Street requires a prompt resolution to avoid possible environmental pollution. The septic system that supports the property no longer functions properly. DEQ will not issue a permit for repair or replacement of the existing system if an option to connect to the public system exists within 300 feet. This property is less than 300' to a 10 inch city main line connection. Impact to the City System: An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. This property is easily served and will have negligible impact to the system. The system development charges (SDC) for a residential property is determined by the total residential square footage. According to County maps, this residential unit is 1920 SF. Based upon City Resolution 2016-37, Wastewater SDCs, the SDC calculation is 1920SF x $2.028 for a total of $3893.76. Adherence to Ashland Municipal Code 14.08.030 An occupied dwelling or building located outside the City ofAshland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: Page 2 of 3 CITY OF -ASHLAND A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. Applicant understands this requirement (see attachment 113). B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. Will flag for future. C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. Applicant understands this requirement. D. The applicant shall secure, in writing, statements from Jackson County Health Department (now DEQ) that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan support documents, rules, or regulations. Done (see attached 1-B) E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. Previous owner (see attachment 2) F. The applicant shall provide for the payment to the City by the owners, at the time of I annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. Required at time of annexation. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. Previous owner (see attachment 2) H. That the land is within the Urban Growth Boundary. Verified by staff. This application can and/or does meet all of the above listed criteria. The owner has been provided signed copies of the consent to annexation and the restrictive covenant restricting subdividing or partitioning the property until such time as it is annexed into the city. Next Steps: Once approved, the applicant will need a city permit to connect to the sewer. City staff will inspect the connection once complete. Attachments: 1. Letter from property owner with a. DEQ notice and b. SOS Plumbing Estimate to complete the work 2. Copy of original property recording of consent to annexation and consent not to subdivide (Shannon Beebe) Page 3 of 3 CITY OF ASHLAND Scott Drown Jennifer Mortimer-Lamb 31 C3 Fast Main Street Ashland CU 97520 541-621-0103 November 8, 2017 City of Ashland 20 East Main St Ashland, Oregon 97520 Re: Request: City of Ashland Sewer Hook Up Property: 3103 East Main Street, Ashland OR 97520 Owners: Scott Brown and Jennifer Mortimer-Lamb Dear City of Ashland: This letter will represent our request for City Sewer Service hook up at the above noted address. Enclosed as requested, is letter from Oregon Department of Environmental Quality (DEQ), dated October 25, 2017, concluding that our septic system suitability has been denied. Also enclosed is a current bid from SOS Plumbing, Inc. ("SOS"), in the amount of $12,700.00, representing the cost of a sewer system hook up. Please consider this request at the soonest available a council meeting. If you require any further information, please do not hesitate to contact us. Sincerely, Jennif r Mortimer-Lamb /jml Enclosures - as stated. Via Email: council@ashland.or.us Via Email: administration@ashland.or.us City of Ashland City of Ashland 20 East Main St City Administrator Ashland, Oregon 97520 20 East Main Street Attention: City Council Ashland, OR 97520 John Karns. Interim City Administrator Via Email: bechtoldk@ashland.or.us Via Email: City of Ashland City of Ashland City Attorney Planning Department 20 East Main Street 20 East Main Street Ashland, OR 97520 Ashland, OR 97520 Attention: Kristine Bechtold - Paralegal Attention: ~I re on Department of Environmental Quality o Western Region Medford Office :.:.-O 221 Stewart Avenue, Suite 201 j 59- Kate Brown, Governor Medford, OR 97501 (541) 776-6010 FAX (541) 776-6262 M 711 October 25`h 2017 Scott Brown 3103 East Main St Ashland OR, 97530 RE: Site Evaluation for septic system suitability: DENIAL Application # 248-17-001164 Mr. Brown: In response to your Site Evaluation application, the undersigned representative of the Department of Environmental Quality (DEQ) visited the above described property on October 23rd, 2017 to determine suitability for an on-site sewage treatment (septic) system. My evaluation determined that your site cannot be approved for the installation of a standard or alternative septic system. The following are specific limitations to your site and the applicable Oregon Administrative Rules (OAR): 340-071-0185 (1)(a) The sewerage system becomes available... *The main determining factor of the denial was that there was a sewerage system available within 300 ft of the property. You may request additional evaluations on a different area on your property within the next ninety days at no additional fee. Additional test pits must be provided. You must notify this office when these pits are ready for inspection. You can apply for a denial review to have the site re-evaluated by other staff if an application and the appropriate fee is submitted in writing within the next sixty (60) days. You can apply for a variance to the on-site rules. A variance application must be filled out in full and accompanied by all of the required exhibits and the appropriate fee. It is the applicant's responsibility to present the supportive facts and the reasoning which you feel justifies the granting of the variance. If you have any questions or if I can be of any help, call me at 541-776-6130 or email at hurlev.riavid@deg.state.or.us. Dav Hurle Natural Resource Specialist Proposal S.O.S. Plumbing Inc. May 31, 2017 206 S. Pacific Hwy. Talent, Or 97540 Reference 23604-78450 541 779-3472 541 488-2680 Fax 541-535-3964 SP: SCOTT T Due Date: 6/30/2017 Job Name: Scott Brown 3103 E Main St 3103 E Main St 3103 E Main St Ashland, OR 97520 Ashland We Hereby Submit Specifications And Estimates For: Installation of a sewage ejector system for the residence located at 3103 East Main Street outside of Ashland and connecting it to the City of Ashland sewer main in East Main Street. The work will include: --Purchasing permits from the City of Ashland Engineering Department and Jackson County Building Department --Securing a no-cost permit from the Jackson County Roads Department --Installing a sewage ejector pump and pit adjacent to the home --Cutting and removing a strip of asphalt across East Main Street to accommodate excavation --Trenching from the ejector pit to the city sewer main on the other side of East Main --Hauling away soil excavated from the road --Installing the pressure discharge line from the pit to the city sewer main --Backfilling the trench after inspections. The trench in the road will be backfilled with rock and slurry as per County standards. The trench in the yard will be backfilled with native soil. --Pumping the septic tank and decommissioning it --Replacing the strip of asphalt that was removed from the road PLEASE NOTE: --THIS PROPOSAL DOES NOT INCLUDE GETTING POWER TO THE PUMP AND ALARM. BOTH WILL NEED AN OUTLET NEXT TO THE PIT, PERFERABLY ON SEPARATE CIRCUITS --ANY UNMARKED PRIVATE IRRIGATION OR UTILITY LINES THAT HAPPEN TO BE DAMAGED DURING THE COURSE OF WORK WILL BE REPAIRED AND MAY BE BILLED OUT AS A TIME-AND-MATERIALS EXTRA AT OUR NORMAL EXCAVATION DEPARTMENT RATES I We propose hereby to furnish material and labor - complete in accordance with the above specifications, for the sum of: $12,710.00 All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will become an extra charge over and above the estimate. All agreements contingent upon delays beyond our control. Purchaser agrees to pay all costs of collection, including attorney's fees. This proposal may be withdrawn by us if not accepted by the above due date . Authorized Acceptance Signature Signature Date I I Jackson County Official Records 2007-046401 R-CO Cnt-1 Stn=3 MORGANbV/08/2007 08:32:29 AM $15 00 $5 00 $5 00 S 11 00 Total:$36.00 FIRST PAGE RECORDING REQUIREMENT 11111111 111 01289781200700464010030036 1 Kathleen S Beckett. County clerk for Jackson County. Oregon. certify that the Instrument identined herein was recorded In the Clerk . NAME OF TRANSACTION: IRREVOCABLE CONSENT T( r.corda. Kathleen S Beckett - County Clerk NAME OF PARTIES: GRANTOR: SHANNON BEEBE GRANTEE: CITY OF ASHLAND DOCUMENT TO BE RETURNED TO: BARBARA CHRISTENSEN, CITY RECORDER CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 TRUE & ACTUAL CONSIDERATION: $ 0 UNTIL A CHANGE IS REQUESTED, BARBARA CHRISTENSEN SEND TAX STATEMENT TO: CITY RECORDER CITY OF ASHLAND 20 E. MAIN STEET ASHLAND OR 97520 G:1pub-wrkslengldept-adminW Blank FormslFirst Page Recording Form.doc i CITY OF ASHLAND ENGINEERING DIVISION IRREVOCABLE CONSENT TO ANNEXATION The undersigned, referred to in this document as "Owner" whether singular or plural, owns or is the purchaser under a recorded land sale contract of real property in Jackson County, Oregon, described below and referred to in this document as "the property": See attached Exhibit "A" In consideration of the City of Ashland permitting the connection of Owner's building sewer from the residence on the property to the sewer system of the City of Ashland, Owner declares and agrees that the property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall constitute covenants running with the land and shall be binding on all parties, their heirs, successors and assigns, having any right, title, or interest in the property or any part thereof: Whenever a proposal to annex the property is Initiated by the City of Ashland or otherwise, Owner shall consent and does consent to the annexation of the property to the City of Ashland. Owner agrees this consent to annexation is irrevocable. Dated this H day of G , 2007. r, e Signature: l~J Owner State of Oregon ) ss: County of Jackson ) Personally appeared the above named nt)r) bee-be and acknowledged the foregoing instrument to be lidvoluntary act and deed. _k;,AL SEAL Notary Public for Oregon t3. BOSWELL M - y Commission expires: NOTARY PUBLC-OREGON D ~ - 7 Vg.i1.!er\-Cd0MM1SS1ON O. 391525 MY COMMIS-SK-A- YoiRES APR. 07, 2008 i EXHIBIT A THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE COUNTY OF JACKSON, AND STATE OF OREGON, TO WIT: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. 52 TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 1391.8 FEET; THENCE NORTH 12333 FEET TO A S/8" IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 50' 28' EAST 461.91 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF THE CITY OF ASHLAND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF THE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY, NORTH 39' 32' WEST 224.84 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 83' 27' WEST 230.68 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39' 32' WEST 28.06 FEET; THENCE SOUTH 50' 28' WEST A DISTANCE OF 290.0 FEET, MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY, SOUTH 38' 44' EAST 419.17 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. S2, TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 1391.8 FEET; THENCE NORTH 1233.2 FEET TO A 5/8" IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET OF THE TRUE POINT OF BEGINNING; THENCE NORTH 50' 28' EAST 46191 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF ASHLAND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF THE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39' 32' WEST 210.0 FEET; THENCE SOUTH 50' 28' WEST 460.0 FEET MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAW SITtEET; THENCE ALONG SAID STREET BOUNDARY, SOUTH 38. 44' EAST TO THE TRUE POINT OF BEGWNING. Jackson County Official RECOIL-IS 2007-046400 R-0R Cnt=1 Stn MORGAN,410812007 08:32:29 AM S15 00 $5 00 s-, 00 S11_00 Totaf:$36.00 I FIRST PAGE RECORDING REQUIREMENT 01289780200700464000030039 I. Kathlaen S Beckett County Clark for Jackson County.. Oregon. certify that the instrument ide ntlfled herein was recorded in the Cled, NAME OF TRANSACTION: RESTRICTIVE COVENANT records. KathleenS Beckett -County Clerk NAME OF PARTIES: GRANTOR: SHANNON BEEBE GRANTEE: CITY OF ASHLAND DOCUMENT TO BE RETURNED TO: BARBARA CHRISTENSEN, CITY RECORDER CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 TRUE & ACTUAL CONSIDERATION: $ 0 UNTIL A CHANGE IS REQUESTED, BARBARA CHRISTENSEN SEND TAX STATEMENT TO: CITY RECORDER CITY OF ASHLAND 20 E. MAIN STEET ASHLAND OR 97520 G:\pub-wrks\eng\dept-admin\A Blank Forms\First Page Recording Form.doc CITY OF ASHLAND ENGINEERING DIVISION RESTRICTIVE COVENANT The undersigned for themselves, their heirs, assigns, executors, and administrators covenant with the City of Ashland, Oregon, with respect to the land as described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof, that they will not partition, subdivide, nor apply for a partition or subdivision, nor will they lease, rent, give an option to buy or allow the use of less than the whole of the land as described in Exhibit "A". Upon annexation of the land described in Exhibit "A" to the City of Ashland, their Restrictive Covenant shall automatically terminate. The undersigned warrant and represent to the City of Ashland that they are the owners or contract purchasers of land situated in County of Jackson, State of Oregon and as described in Exhibit "A", as set forth herein above. The covenant contained herein shall run with the land as described in the attached Exhibit "A" and shall also inure to the benefit of the City of Ashland, Oregon. The consideration for this covenant is the furnishing of sewer services to the land set forth in Exhibit "A" while it is outside the City of Ashland, by the City of Ashland Oregon. Dated this l` day of 1: , 4, 200 Signature: Owner State of Oregon ) ss- County of Jackson ) Personally appeared the above named tJ lj 6'6 J V)(--'.C l)-( and acknowledged the foregoing instrument to be her voluntary act and deed. AL'b SEAL Notary Public for Oregon 8. BOSWELL My Commission expires: - NOTARY PUBUC-0OREGON COMMISSION NO. 391525 MY COMI+AISS10k >=.;(r IRES APR. 07, 2009 O:DOm WeWsmew a Sewer Cornecdonsurrevocable Coroent.doc EXHIBIT A THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE COUNTY OF JACKSON, AND STATE OF OREGON, TO WIT: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. 52 TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 1391.8 FEET; THENCE NORTH 12333 FEET TO A S18 IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET FOR THE TRUE POINT OF BEGINNING; THENCE NORTii 50° 28' EAST 46191 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF THE CITY OF ASHLAND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF THE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY, NORTH 39° 32' WEST 224.84 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 83° 27' WEST 230.68 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39° 32' WEST 28.06 FEET; THENCE SOUTH 50° 28' WEST A DISTANCE OF 290.0 FEET, MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY, SOUTH 38° 44' EAST 419.17 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST-SOiTTIWAST CORNER OF DONATION LAND CLAIM NO. S2TOWNSHIP . 34 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 1391.8 FEET; THENCE NORTH 1233.2 FEET TO A 5/9" IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET OF THE TRUE POINT OF BEGINNING; THENCE NORTH 50° 28' EAST 46191 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF ASHI.AND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF TEE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39° 32' WEST 210.0 FEET; THENCE SOUTH 50° 28' WEST 460.0 FEET MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY, SOUTH 38° 44' EAST TO THE TRUE POINT OF BEGINNING. AGREEMENT FOR PURCHASE OF CITY WATER Agreement made this _3_L day of , 2007, between the city of Ashland, Oregon ("City") and Shannon Lea Beebe ("Beeb RECITALS A. Beebe owns property outside the city and desires connection to City's water supply system for a dwelling owned by Beebe located on the following described property: See attached Exhibit A B. Connections to City's water system for dwellings located outside the city are authorized by Resolution No. 97-27 where the council finds: I 1. The connection is determined to be in the best interest of the City of Ashland and not to be detrimental to City's water facilities or resources. 2. The applicant secures, in writing, a statement from the Environmental Health Division and Health Department of Jackson County, Oregon that the existing water system for the premises has failed. 3. The failed water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. 4. An Ashland water main or line exists within one hundred (100) feet of the premises. 5. The connection is to premises within City's urban growth boundary. C. On August 7, 2007, City Council made such findings and authorized the connection on the terms and conditions contained within this Agreement. City and Beebe agree: 1. Water Sale: City shall supply to Beebe a 3/4" residential water service from its water system for the dwelling located on Beebe's property described above. The water service shall be provided to Beebe's southeasterly boundary line from the existing water main located on the north side of East Main St. i I PAGE 1 - AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\ent `ALpt-admin\Watets\Sewer & Water Connectiow%0103 E Main Becbe Water Connection Agreement 8 07.doc • r 2. Fees and Charges to be Paid by Beebe: a. Beebe shall pay City's water connection fee for connections outside City and the systems development charges established by City. b. City shall supply a water meter at a location to be determined by City to measure the volume of water delivered to the property and Beebe shall pay for all water delivered to the property through such meter at those rates established by City for customers served outside City. C. Payment by Beebe shall be made upon receipt of billing by City. If the bill is not paid by the next billing date, a notice complying with the then- current regulations for utility notices shall be given stating that service will be disconnected if the bill is not paid by the date specified. 3. Terms of Service: a. Beebe shall comply with all ordinances of City related to water service and use. City shall have the right to terminate service for failure to comply with such ordinances upon ten (10) days notice to Beebe. b. Failure to pay for charges when due shall automatically become a lien upon the property. C. A memorandum of this contract shall be recorded in the county deed records with the cost of recording to be paid by Beebe. d. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, the replacement building or dwelling may continue to be connected to the water system of City as long as the use of the water system will not be increased as determined by the Director of Public Works. e. Beebe shall furnish to City a consent to the annexation of the premises and a deed restriction preventing the partitioning or subdivision of the land prior to annexation to City, signed by the owners of record and notarized so that it may be recorded by City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the property owner. PAGE 2 - AGREEMENT FOR PURCHASE OF CITY WATER G:\pub-wrks\cng:~dcpt-adminlWatetti`.Sewcr & Water Connections\3103 E Main Bede Water Conmetion Agreement 8 07.doc 4. Quantity and Pressure of Water. No liability shall accrue against City arising by reason of shortages in the quantity of water available, lack of water pressure, or interruptions in water deliveries to Beebe for any reason including, but not limited to accidents or failure of City facilities or supply or from any cause beyond City's control including, without limitation, war or acts of God. 5. Default. Time is of the essence of this Agreement. There shall be a default under this Agreement if either party fails to perform any act or obligation required of that party by this Agreement. a. Before declaring a default, the party claiming a failure has occurred shall give written notice to the other party specifying the nature of the breach with reasonable particularity. No default shall occur if the breach is remedied with ten (10) days after the notice is given. b. If the breach specified in the notice is of such a nature that a remedy cannot be completely performed within the ten-day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. C. If substantially the same breach for which notice was given recurs within six (6) months, the party injured by such breach may declare a default by giving written notice to the other party specifying the nature of the breach. 6. Remedies. In addition to the remedies specified elsewhere in this Agreement, if a default occurs, the party damaged by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. PAGE 3 - AGREEMENT FOR PURCHASE OF CITY WATER G:`.pub-wrke~rngWept-admin\Waters\Sewer & Water Connection,0103 E Main Beebe Water Connection Agrmtricnt 8 07.doc i 7. Assignment. Beebe may not assign or subcontract rights or obligations under this Agreement without the written consent of City, which consent shall not be unreasonably withheld. City of Ashland, O on By: ,SAIANNOI LEA BEEBE C' Administr r 3103 EAST MAIN STREET ASHLAND OR 97520 (541) 227-9161 ~EVIEWED AS TO CONTENT By: ity Department Head Date: lode 7 REVIEWED AS TO FORM By: Richard Appicello Interim City Attome Date: q' n - p -i PAGE 4 - AGREEMENT FOR PURCHASE OF CITY WATER G: pub-wdcs\cng\dcpt-admin`.Waters Sewer& Water Connections`3103 E Main Bede Water Connection Agreement 8 07.doc: EXHIBIT A THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE COUNTY OF JACKSON, AND STATE OF OREGON, TO WIT: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. 52 TOWNSHIP 39 SOUTH, RANGE I EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 13918 FEET; THENCE NORTH 12333 FEET TO A 518" IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 50' 28' EAST 46191 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF THE CITY OF ASHLAND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF THE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY, NORTH 39° 32' WEST 224.84 FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 83' IT WEST 230AS FEET; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39° 32' WEST 28.06 FEET; THENCE .SOUTH 50° 28' WEST A DISTANCE OF 290.0 FEET, MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY, SOUTH 38' 44' EAST 41917 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THFIREFROM A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST-SOUTHEAST CORNER OF DONATION LAND CLAIM NO. 52, TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN IN JACKSON COUNTY, OREGON; THENCE WEST 13918 FEET; THENCE NORTH 12332 FEE'R TO A SM' IRON PIN LOCATED ON THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET OF THE TRUE POINT OF BEGINNING; THENCE NORTH 50' 28' EAST 46191 FEET TO INTERSECT THE SOUTHWESTERLY BOUNDARY OF ASHLAND AIRPORT PROPERTY AS DESCRIBED IN VOLUME 576, PAGE 172 OF THE DEED RECORDS OF JACKSON COUNTY, OREGON; THENCE ALONG SAID AIRPORT PROPERTY BOUNDARY NORTH 39' 32' WEST 210.0 FEET; IMENCE SOUTH 50' 28' WEST 460.0 FEET MORE OR LESS, TO THE NORTHEASTERLY BOUNDARY OF EAST MAIN STREET; THENCE ALONG SAID STREET BOUNDARY. SOUTH 38' 44' EAST TO THE TRUE POINT OF BEGINNING. Council Business Meetin November 17, 2017 Approval of the Release of Interest in a Portion of a Conservation / Title: Natural Drainage Easement and Approval of a New Conservation / Natural Drainage Easement From: Paula C. Brown, PE Public Works Director Paula. brown(a-ashland.or.us Summary: Before the Council is a request to approve the release of interest in a portion of a dedicated conservation and natural drainage way easement and approval of a new conservation and natural drainage way easement. The original easement, as stated, is no longer required due to a letter of map amendment (LOMA) from the Federal Emergency Management Agency (FEMA) which redefined the boundary of the special flood hazard area for Hamilton Creek. Actions, Options, or Potential Motions: • Council may move approval of the attached Release of Interest document and approval of the restated Conservation and Natural Drainage Way Easement. By doing so, this action o releases a portion of an easement dedicated in Jackson County official records in Volume 24, page 5, Document 98-31318 for parcel 92 of partition plat P-2-1998 and request the Interim City Administrator, John Karns, sign on behalf of the City; and o redefines the remaining portion of the Conservation and Natural Drainage Way Easement • Or, if Council determines value in retaining the easement as a wider than necessary conservation / natural drainage easement, no action is required, but the ability for the current property owner to build the home as presented and approved by the Community Development Director will need to be reconfigured. Staff Recommendation: Staff recommends approval of the attached Release of Interest document which would remove a portion of the conservation / natural drainage way easement from the property owner's current deed record. This action helps to clear title restrictions that are no longer necessary. The City will retain the remaining portion of the easement. Resource Requirements: There are no resource requirements of this action other than expended staff time. All document recording fees will be borne by the property owner. Policies, Plans and Goals Supported: Council Goals: 4 Evaluate real property and facility assets to strategically support city mission and goals Page 1 of 2 CITY OF -ASH LAN D Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Evaluate all city infrastructure regarding planning management and financial resources Background and Additional Information: The Community Development Department received and subsequently approved a request for a Minor Modification of an approved building envelope for a residence at 2562 Old Mill Way (see attached notice of decision dated October 20, 2017). The building envelope was approved as part of PA#2003-151 for the Hamilton Place Subdivision. The application states the proposed building envelope is an 8.6% increase in square footage over the approved building envelope and encroaches 110 square feet into the approved conservation easement adjacent to Hamilton Creek. Thornton Engineering was retained by the property owner/applicant to complete a letter of map amendment from the federal emergency management agency that showed a better definition of the flood channel and boundary of the special flood hazard area for Hamilton Creek. Upon review of the notice of final decision, public works engineering staff further reviewed the existing dedicated conservation / natural drainage way easement which was originally established in 1998 for the Spring Hill Subdivision (Partition Plat P-2-1998 - see attachment). This same easement was also defined when the property was further subdivided as Hamilton Place Subdivision (December 2004 Document No. 04-74013 - see attachment). The description of the easement and the planning department staff report for the Hamilton Place Subdivision identified the current property as being in the floodplain and discussed the existing conservation and natural drainage way easement. Given that the floodplain and resulting special flood hazard area for Hamilton Creek were redefined by a FEMA LOMA (see attachment), public works engineering staff accepts the intent of the easement to be within the redefined boundary described in the Release of Interest which includes a 40-foot riparian zone for this portion of Hamilton Creek as defined in the Storm Water and Drainage Master Plan (2000). The remaining portion of the easement is redefined and granted back to the City by the current property owner. Staff recommends approval to remove a portion of the conservation / natural drainage way easement from the property owner's current deed record, and retaining the remaining 40-foot riparian zone and the redefined conservation / natural drainage way easement. Next Steps: Should council approve this action, the property owner is responsible for recording the document with Jackson County and may then move ahead with the notice of final decision. Attachments: 1. Release of Interest 2. Conservation and Natural Drainage Way Easement 3. Notice of Final Decision (Planning Action: 2017-01832; 2562 Old Mill Way) 4. FEMA LOMA (2562 Old Mill Way dated 4/5/2017) 5. Partition Plat P-2-1998 (map and description dated July 1998) 6. Hamilton Place Subdivision (map and description dated December 2004) Page 2 of 2 CITY OF ASHLAND AFTER RECORDING RETURN TO: City of Ashland Recorder's Office 20 East Main Street Ashland, OR 97520 Until a Change is Requested, All Tax Statements shall be sent to the following name & address: RELINQUISHMENT OF INTEREST (Easement) Relinquishment of a portion of the Conservation and Natural Drainage Way Easement, over and across portions of Lot 6 and that tract denoted as Open Space "A" of Hamilton Place Subdivision, a Planned Community, according to the official plat thereof, now of record in Jackson County, Oregon, being more particularly described and bounded as follows, to wit; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF City Council of the Grantee has determined that the public interest will be best served by releasing any and all interest Grantee has in the easement described above and to vacate the same. Council has authorized its City Administrator to execute this and any other instruments necessary to effectuate this relinquishment of interest in the described easement. The true consideration for this conveyance stated in terms of dollars is $1.00 (One dollar) and other consideration Grantee deems satisfactory. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES. MAY NOT AUTHORIZE CONSTRUCTION OR SITTING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO I1, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. CITY OF ASHLAND: By:_ John Karns, Interim City Administrator STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this day of , 2017, John Karns, Interim City Administrator of the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: LAND S URVEYING, L L C x EXHIBIT "A" LEGAL DESCRIPTION - COMTE PARCEL - 2562 OLD MILL WAY RELINQUISHMENT OF CONSERVATION EASEMENT AREA ASSESSOR'S MAP NO. 39 l E 14 BD, TAX LOT 608 Relinquishment of a portion of the Conservation and Natural Drainage Way Easement, over and across portions of Lot 6 and that tract denoted as Open Space "A" of Hamilton Place Subdivision, a Planned Community, according to the official plat thereof, now of record in Jackson County, Oregon, being more particularly described and bounded as follows, to wit; Commencing at the southeast comer of Lot 6, Hamilton Place Subdivision, a Planned Community, recorded on December 22, 2004 in Volume 30, Page 83 of Plat Record in Jackson County, Oregon and filed as Survey No. 18554, in the office of the Jackson County Surveyor, lying situate within the Northwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian in the City of Ashland of said County; thence North 89°45'44" West, along the southerly line of said Lot 6, a distance of 10.60 feet to a point which is 40.00 feet westerly at right angles to the centerline of Hamilton Creek and the POINT OF BEGINNING; thence along aline being 40.00 feet westerly of and parallel to said center of Hamilton Creek the following centerline courses: North 08°30'00" West, 11.44 feet; thence North 06°00'00" East, 18.18 feet; thence North 08000100" West, 24.56 feet; thence North 24°00'00" East, 16.24 feet; thence North 10°00'00" West, 27.88 feet; thence North 25°00'00" East, 17.99 feet; thence North 09°00'00" East, 14.18 feet; thence North 10°00'00" West, 3.52 feet; thence North 37°30'00" West, 15.35 feet; thence North 14°30'00" West, 9.62 feet to the northerly line Open Space "A" of said Hamilton Place; thence North 89°45'44" West, along said northerly line, a distance of 18.83 feet to the westerly line of the Conservation and Natural Drainageway Easement denoted of said Hamilton Place plat; thence South 01 052'52" East, along said westerly line, 151.36 feet to the south line of said Lot 6; thence South 89°45'44" East, along the southerly line, a distance of 17.85 feet to the POINT OF BEGINNING. Containing 3,224 square feet, more or less. Prepared by: R E O I j E R D PROFESSlOi4AL Shawn Kampmann Professional Land Surveyor 5 Polaris Land Surveying LLC P.O. Box 459 1 SI A' ...:.;;i; Ashland, Oregon 97520 RENEWAL DATE: 6/30/19 Date: November 7, 2017 sAsurveys\I 145-1 TComte Pamel-Relinquished Conserva ion Fsmt Ugal.dacx F. 0. e- 459. Ashland. Orega" 97520 - Ph o"c: (541) 462-5009 Fax: (541) 486-0797 Mobile: (541) 601.3000 - www.Pafarissvrvcy.com. 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UUMEMILINDSU7 cTVWA YAA -7DVAU Y(y 76'Xl2..L'6'1 -W NOLL Nn xHSN0J Return Document to: Melissa Huhtala, City Recorder, 20 East Main, Ashland, OR 97520 CONSERVATION & NATURAL DRAINAGE WAY EASEMENT 1. Grant. Subject to all prior easements or encumbrances of record, Donn J. Comte and Nancy Bonetti-Comte, Trustees of the Comte Family Revocable Living Trust dated May 6, 1993, (the "Grantor"), owner of property legally described as "EXHIBIT A" (the "Property") hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns (the "Grantee"), a permanent, appurtenant and nonexclusive Conservation & Natural Drainage Way Easement together with the right of access to and from adjacent land of Grantor for all activities in connection with the rights granted and obligations undertaken herein. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described as follows: "EXHIBIT A", (the "Easement Area"). This description is intended to describe the location of the Conservation & Natural Drainage Way Easement and is not to be strictly construed where reasonable variation from the actual description exists. 3. True and Actual Consideration: $1.00, the sufficiency of which the Grantor deems sufficient. 4. Purpose. This easement is for the purposes of conservation and natural drainage way in a riparian zone within Hamilton Creek. 5. Terms and Conditions. 5.1 This conservation easement is non-possessory interest of Grantee imposing limitations and affirmative obligations as set out herein. Nothing herein shall be construed as granting a public access easement. 5.2 Grantor shall: A. Retain and protect the natural, scenic and open space values of the easement area. B. Protect natural resources, maintain or enhance air and water quality, and preserve any historical, architectural, archeological or cultural aspects of the real property; C. Clean up any trash, brush, debris, garbage or other unsightly or offensive material which may be found within the easement area; D. Replace in their former condition all improvements, trees, ornamental shrubs and natural vegetation, as soon as possible after damage or destruction. E. Accepts all responsibility for maintenance on the easement. F. Refrain from placing, erecting or maintaining a structure of any kind, including house trailers or mobile homes, on the easement or in any manner restricting the conservation and natural drainage way purpose of the easement. G. Not use or occupy any portion of the easement in a manner which would degrade or diminish the natural, scenic and open space values of the easement area. Conservation & Natural Drainage Way Easement And Agreement Page 1 of 2 it 5.3 Grantee shall: A. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the purpose and activities permitted under this easement 6. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the right of way and no longer has any future need thereof. 7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court hearing such suit, action, proceeding or appeal. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of November, 2017. GRANTOR: GRANTEE: Donn Comte CfTY ACCEPTANCE (ORS 93.808); CITY OF ASHLAND, GRANTEE By: Donn Comte, Trustee By John Karns, Interim City Administrator By: Nancy Bonetti-Comte, Trustee STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this _ day of November, 2017, Donn Comte and Nancy Bonetti- Comte, Trustees, and acknowledged the foregoing instrument to be their voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this _ day of November, 2017, John Karns, Interim City Administrator the City of Ashland, Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: Conservation & Natural Drainage Way Easement And Agreement Page 2 of 2 L - LAND SURVEYING, LLC x it EXHIBIT f6A" I LEGAL DESCRIPTION - COMTE PARCEL - 2562 OLD MILL WAY ADJUSTED CONSERVATION EASEMENT AREA ASSESSOR'S MAP NO. 39 lE 14 BD, TAX LOT 608 An adjustment to the westerly boundary of an existing Conservation and Natural Drainage Way Easement, over and across portions of Lot 6 and that tract denoted as Open Space "A" and Open Space "B" of Hamilton Place Subdivision, a Planned Community, according to the official plat thereof, now of record in Jackson County, Oregon, being more particularly described and bounded as follows, to wit; Beginning at the southeast corner of Lot 6 of Hamilton Place Subdivision, a Planned Community, recorded on December 22, 2004 in Volume 30, Page 83 of Plat Record in Jackson County, Oregon and filed as Survey No. 18554, in the office of the Jackson County Surveyor, lying situate within the Northwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian in the City of Ashland of said County-, thence South 89°4544" East, 29.87 feet to the center of the Hamilton Creek; thence along the centerline of said Hamilton Creek the following courses: North 08°30'00" West, 12.50 feet; thence North 06°00'00" East, 18.00 feet; thence North 08°00'00" West, 18.00 feet; thence North 24000100" East, 17.00 feet; thence North 10°00'00" West, 27:50 feet; thence North 25°00'00" East, 11.00 feet; thence North 09°00'00" East, 26.50 feet; thence North 10°00'00" West, 20.00 feet; thence North 37030'00" West, 5.94 feet to the northerly line of Open Space "A"; thence North 89°45'44" West, along said northerly line, a distance of 45.83 feet to a point which is 40.00 feet at right angles to the center of Hamilton Creek; thence along said centerline of Hamilton Creek being 40.00 feet westerly of, and parallel with the center of Hamilton Creek the following courses: South 14030100" East, 9.62 feet; thence South 37°30'00" East, 15.35 feet; thence South 10°00'00" East, 3.52 feet; thence South 09000'00" West, 14.18 feet; thence South 25100'00" West, 17.99 feet; thence South 10°00'00" East, 27.88 feet; thence South 24°00'00" West, 16.24 feet, thence South 08°00'00" East, 24.56 feet; thence South 06°00'00" West, 18.18 feet; thence South 08030'00" East, 11.44 feet to the southerly line of said Lot 6; thence South 89°4544" East, along said southerly line, a distance of 10.60 feet to the POINT OF BEGINNING. I Containing 6,329 square feet, more or less. RIGISTER111 Prepared by: gQROFESSiOI~I A! Shawn Kampmann - - - " Professional Land Surveyor Polaris Land Surveying LLC _=c P.O. Box 459 SHAW."; j' 'p.Ai~? "c~~ss~is Ashland, Oregon 97520 RENEWAL DATE: 6/30/19 Date: November 7, 2017 sAsuu cys11145-17%Comte Adjusted Conservation Easement Lcgal.docz 0. 5- 459. Ashland. 0-go" 97520 - Fhone: (541) 452-5009 Fpm: (541) 488-0797 Mobile: (541) 601.3000 www.polarissurvcy.coc CONSERVATIONa& NATURAL DRAINAGE WAYAl" arm'csnuTa wmmv NORTEWENrQUARTER OFSBCIION 14, 7-OANNSEEP39 SOUTH RANGE, EAST, W.AL- L7Tf'OFASELAPID,IACdSON000N7S; OREGON TKd' Eric Bonetd 2532o1QSE0way Aa87,~o~oa97s1D N 8945'44' W \ SCALE: 1" = 30' 64.66' a. gig u ' Y'4Y, •V'r 0 14 AR64 RLMOM) FROM CENRR!/NE OF • :v_ •a CONSERVATION & NA7URAC :._~f•. HAN/CR/N CREEK ORIJNACE WAY FASQIDII SPACE •;r;.;V; y LOT 6 :$::F;:~•'~ ,<<y`;•; : . 0 14 r. 58..72' l N 89'4544' W TABLE OF COURSES REAd IIEARINO D,STANC6 FLAd BEARING D=ANCE MA~ BEAIONO DISTANCE O, N0830'00"W 12-A7 O7 N09-OOM-E 26.50' ©3 N09"0000'E 14.18' OZ N06°00'00"E 1800' ® NI0°00'!!0'W 20.00' 1@ N25°0000"E 1799' O3 NOS"0000"W 7800' O9 N3730Y1O"W 5.94' © N10°0000"W 27-88' ® N24°00'10'E 17-00' ©0 N1430.00"W 9.62' ® N24-OOVO-Z 16.24' SO N10°00100"W 2750' ©1 N373000"W 1535 © NOS"00.00"W 2456 © N2PW00"E 11.00' ©2 N10900'W'W 3.52' ® N06°WW-E 1818' Q N 083000" W 11.44' REGISTERED PROFESSIONAL LAND SURVEYOR SURVEYED BY. M-~ POLARIS LAND SURVEYWG LLC P.O. BOX 459 III ASHLAND, OREGON 97520 OREGON (544) 482-5009 MY 14 1890 9 M KAMPMANN DATE: NOVEMBER 7, 2017 a".= PROJECT NO. 7145-17 RENEWAL DATE 6/30/2019 Assessors Mop No. 39TE14BD, Tax Lot 606 POLARIS LAND SURVEYING CITY OF -ASHLAND October 20, 2017 Notice of Final Decision On October 20, 2017, the Community Development Director approved the request for the following: Planning Action: 2017-01832 Subject Property: 2562 Old Mill Way Applicant: Eric Bonetti Property Owners: Donn and Nancy Comte Description: A request for a Minor Modification of an approved building envelope for a residence at 2562 Old Mill Way. The building envelope was approved as part of PA92003-151 for the Hamilton Place Subdivision. The application states the proposed building envelope is an 8.6% increase in square footage over the approved building envelope and encroaches 110 square feet into the approved conservation easement adjacent to Hamilton Creek. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: Single Family Residential; ASSESSOR'S MAP 391E14BD; TAX LOT: 606. The Community Development Director's decision becomes final and is effective on the 12'h day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Fotini Kaufman in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 Oki f www.ashland.or.us ATTACHMENT 2 i SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. j ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. j iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of 1 Appeals, pursuant to ORS 197.805 - 197.860. i i r COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900, www.ashland.or.us i II ~IN)tYWW, / RECEIVEr, i i SEP 2= 2011 x 1 OM8FAM'e £ 'M Ot LIIY\1 1, N, ejh~ l!(. tt! T~ a I ~ ~ ~fl COIfl0U11 ' 1 .y STO►O/MIIIC I - w S ~ ~NN ❑ GOI<AIeOIOrfY0rf~01weMr ~ VICtNITY16AAP S•ti _ .L._.__' 256T O1DM.OR 1 ASFMND OR I - - raoc - --f---• ! } ❑ATwrmTra6oT~nna6 1"IEN wrr o - - 1 TAXTAIf606 1 ~ i (nL/ . ,y,}-''/~ t~Ot0O ~11alIllEltEd[ ~p ~ ~ I 1 ROm KAr NO1Q 3 ~ ~ ~ O/EII t/ACE'!~ f~~~O ~[aN )t6rfM/lmE/IA~1 g 1 ~ YsOONOO[1lTI~ YM.NOnt[NNOK..O.OtY~N.IA V6 1 .W10~ ~OtN G~ .4 1 YNYOIOO.Ot1 A10e>rtras[MNYNI It1Y n 1 ~ , NttGDref~Al)[na tCel~t ~lutm.In4liYOtrO~l.r ~ ~ ~ a ~ ~O.M~.OLY/MIMn1RrpINY~00 - ` 'e FLOfgUtN[I07Gt GARAGEGM I I~ OiM6@A)C11 6tA !O rt. LOT CWAW" 1 P LWAWA $"$a n ser wmm 61RA1000Y. IA§M ff I' 1 rND06pOoms IN 6Ort i ; r ft FT TO)K tTaos• p Cavrium /6t fammm r j - 7 .ot SITE PLAN SOUTH PROPER LOM Lter a~iYn - av.w~ /ZSfTE PLAN r v -ma[ A is A-2 Page 1 ov! jDate: September 01, 2017 (Case No.: 17-10-1644A I LUMA • Q~pARil~~ Federal Emergency Management Agency Washington, D.C. 20472 INU sE LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT REMOVAL COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION CITY OF ASHLAND, JACKSON Lot 6, Hamilton Place Subdivision, as described in the Bargain and COUNTY, OREGON Sale Deed with Covenants recorded as Document No. 2012-044214, in the Office of the County Clerk, Jackson County, Oregon COMMUNITY COMMUNITY NO.: 410090 AFFECTED NUMBER:4102SC2216G MAP PANEL DATE: 41612017 FLOODING SOURCE: HAMILTON CREEK PPROXIMATE LATITUDE & LONGITUDE OF PROPERTY:42.178754, -122.669930 OURCE OF LAT & LONG: LOMA LOGIC DATUM: NAD 83 DETERMINATION OUTCOME 1%ANNUAL LOWEST LOWEST BLOCK/ WHAT IS CHANCE ADJACENT LOT LOT SUBDIVISION STREET REMOVED FROM FLOOD FLOOD GRADE ELEVATION SECTION THE SFHA ZONE ELEVATION ELEVATION (NAVD 88) NAVD 88 NAVD 88 f 6 Hamilton Place 2562 Old Mill Way Properly X - - 2072.8 feet f (unshaded) Special Flood Hazard Area (SFHA) - The SFHA Is an area that would be Inundated by the flood having a 1-percent chance of being { equaled or exceeded in anv Given vear (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) ZONE A This document provides the Federal Emergency Management Agencys determination regarding a request for a Letter of Map Amendment for the property described above. Using the Information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the property(les) Is/are not located In the SFHA, an area Inundated by the flood having a 1-percent chance of being equaled or j exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply Is enclosed. i This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library. 3601 Eisenhower Ave Ste 600, Alexandria, VA 22304-6426. RrnvorifF P . Luis V. Rodriguez, P.E., Director Engineering and Modeling Division 16 Federal Insurance and Mitigation Administration ATTACHMENT 3 Page 2 r"f 2 JUate: September 01, 2017 Case No.: 17-10-1644A I LOMA o,,pnRTF r Federal Emergency Management Agency Washington, D.C. 20472 'lND 5~ LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) ZONE A (This Additional Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. I • I i i Sf:;P 2 ~ ?01 r of AshIB110 i I This attachment provides additional Information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Information exchange (FMIX) toll free at (877) 336.2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. i Luis V. Rodriguez, P.E., Director ' Engineering and Modeling Division Corlaral lnvwonr and hAilinolinn Adminielrolinn EIS OF M"VVM F BRAN"= m" a.-' e ~ w~ srcm ~ , y i r ~ _ ~ :s ac oas r+orm. oowc c ;Z ~ ' ~ n as wt.. mr¢r !ar .x tr «e ao ac ~ • . . wn+w¢t a nsa rr11~_ o lair \ 1 1'1 O .1 I C,;,,~1 C~i mcaR1Q p•r ! Av 1 A ` 1 .aAa mwlrx ur ` I Li =-r < a MOM rr rw nom no.eor m rww 1 " w. 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MICHAEL THORNTON CASE NO.: 17-10-1644A THORNTON ENGINEERING COMMUNITY: CITY OF ASHLAND, JACKSON P.O. BOX 476 COUNTY, OREGON JACKSONVILLE, OR 97530 COMMUNITY NO.: 410090 DEAR MR. THORNTON: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMAs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination /Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Information eXchange (FMIX) toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Engineering Library, 3601 Eisenhower Ave Ste 500, Alexandria, VA 22304-6426. Sincerely, Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration i LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT (REMOVAL) cc: State/Commonwealth NFIP Coordinator R EY: Community Map Repository Region SE" ' icy Of As-Iiialk' 15803 - Z~4 7-25r 7-/917V ' SPRING HILL SUBDIVISION APP 0 L: A replat of Parcel 2 of Partition Plat No. P-2-1998, ~Ju/A /99R Located in the N.W. 114 of Section 14, •I 9LPASUBDIVlS10N ~3X T.99 S.. .I E..CF.M. COr yon Ashland • • . . . RECORDER'S CERTIFICATE • • • • 61, for FOR ORDER OF THE COUNTY COURT APPROVING THIS PLAT SEE VOLUME. PAGE 2OF APPROVAL: EAGLE CONSTRUCTION THE COUNTY COMMISSIONER'S JOURNAL OF PROCEEDINGS. 186 MORNINGLIGHT EXAMINED AND APPROVED THIS 1 CLj1% DAY OF_T.. L~ 19.9$ AT 5( DAY OF Jal" 195 . ASHLAND, OR 9?520 FILED FOR RECORD THIS L'•iZ_ O'CLOCK M.. AND RECORDED IN VOLUME S•( OF PLATS ON PAGE tS OF n U•LJG~~~_ H --RECORDS OF JACKSON COUNTY. OREGON. -ASST. CITY SURVEYOR ,L..S. R..v.BtB L VARA EXAMl NED AND APPROVED AS REQUTAED BY ORS nn92nn. 100 AS OF ~ 7 )9 98 ~oJfITY L`tl ~EP67Y .Pivl O~..b L rDl~. ASS SSO . 6€PART N 0 A?TS SMENY ALL TAXES. FEES ASSESSMENTS OR OTHER CHARGES AS REOUIRED BY ORS 92.095 HAVE BEEN DECLARATION OF COVENANTS. CONDITIONS A RESTRICTIONS RECORDED AS DOC.P 98'-31 3IIX ORj". PAID AS OF 7 19 9? TA& COLLECTOR • SURVEYOR'S CERTIFICATE 1. JAMES E. HlBBS. A REGISTERED LAND SURVEYOR OF THE STATE OF OREGON. HEREBY • • • • • • DECLARATION • • • • • • CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER MONUMENTS AS PROVIDED BY LAW THE TRACT OF LAND SHOWN HEREON. THIS PLAT BEING AN ACCURATE KNOW ALL MEN BY THESE PRESENTS THAT ANDREA SHAPIRO. IS THE OWNER IN FEE OF THE REAL REPRESENTATION OF THE SAME. AND THAT THE FOLLOWING IS AN ACCURATE DESCRIPTION PROPERTY SHOWN HEREON. MORE PARTICULARLY DESCRIBED IN THE SURVEYOR'S CERTIFICATE. OF THE EXTERIOR BOUNDARY LINES: AND HAS SUBDIVIDED THE SAME INTO THE LOTS. STREETS AND ALLEY AS SHOWN ON SHEET 2 PARCEL NO. 2 PER PARTITION PLAT NO. P-2-1998 ACCORDING TO THE OFFICIAL PLAT THEREOF. AND HEREBY DEDICATES TO THE CITY OF ASHLAND FOR PUBLIC USE THE STREETS. ALLEY. AND HOW OF RECORD. IN VOLUME 9. PAGE 2 OF RECORD OF PARTITION PLATS' OF JACKSON COUNTY. THE ONE-FOOT PERMANENT STREET CONSTRUCTION AND MAINTENANCE EASEMENTS. TOGETHER WITH THOSE EASEMENTS SHOWN ON SHEET 2 LABELED SLOPE EASEMENT AND THOSE LABELED PUBLIC OREGON AND FILED AS SURVEY NO. 15834 IN THE OFFICE OF THE JACKSON COUNTY SURVEYOR. UTILITY EASEMENT (PL'E). WITH THE CONDITION THAT TCI CABLEVISION. ITS SUCCESSORS OR ASSIGNS IN INTEREST IS GRANTED THE RIGHT TO USE SAID PUE FOR PLACEMENT AND MAINTENANCE OF CABLE TV LINES AS LONG AS THESE LINES DO NOT INTERFERE WITH THE MAINTENANCE OF CITY OF ASHLAND UTILITIES. 1 DO HEREBY DEDICATE TO HE CITY OF ASHLAND THE CONSERVATION/ S NATURAL DRAINAGE WAY EASEMENT AND THE ACCESS EASEMENT TO THE CONSERVATION/NATURAL R DRAINAGE WAY EASEMENT OVER AND ACROSS THE SUBJECT PROPERTY AS SHOWN ON SHEET 2. 1 DO HEREBY GRANT TO THE CITY OF ASHLAND IN FEE THE ONE-FOOT STREET PLUGS SHOWN ON SHEET 2. I CO HEREBY ESTABLISH THOSE PRIVATE STORM DRAINAGE EASEMENTS AS SHOWN ON SHEET 2. PROFESSIONAL SPRING HILL SUBDIVISION SHALL BE SUBJECT TO A DECLARATION OF COVENANTS. CONDITIONS RECEIVE D• • AID SUR Y R AND .RESTRICTIONS' TO BE RECORDED SIMULTANEOUSLY WITH THIS PLAT. I DO HEREBY DESIGNATE SAID SUBDIVISION AS SPRING HILL SUBDIVISION. patel91fl-BY;~ This Sun..ry CORintS 01: ~~,i'//' 2._. SFeet(S) 11aP .ALY r°~s.•O1i9Be ANDREA SHAPIRO o 7uNs COUNTY T° e....a o,I. a-ao•oa )RCxson C ounn STATE OF OREGON) SI; RYFYOR COUNTY OF JACKSON) ra. PERSONALLY APPEARED THE ABOVE NAMED ANDREA SHAPIRO AND ACKNOWLEDGED THE FOREGOING INSTRUMENT TO BE HER VOLUNTARY ACT AND OECD. C DATED THIS~DAY OF ~f1~. 19 ~1'Al . L : ~rR €ux~ r .~ouc . oa[cm BEFORE HEe 92i NOTE REGARDING STREET PLUGS -s,c 0„0,• NOTE REGARDING STREET PLUGS UPON APPROVED DFDIGTION OF T/5 EXTENSION OF THE AFFECTED STREET OR ALLEY THE ONE-FOOT STREET PLUG SHALL BE DEDICA/® BY THE CITY TO THE PUBLIC USE AS PART OF SAID STREET OR ALLEY. THIS DEDICATION WILL BE AUTOMATIC AND NITHOUT FURTHER ACTION BY THE CITY OF ASHLAND. SURVEY BY: I HEREBY DECLARE THAT THIS IS AN EXACT L.J. FRIAR A ASSOCIATES. P.C. COPY CF THE ORIGINAL PLAT. CONSULTING LAND SURVEYORS SIB WEST EIGHTH STREET 4- MEDFORD. OREGON 97501 SHEET I OF 2 39IE14BD TL'S 800 6 801 S EYOR PHONE: (541) 772-2782 n• Ina 1 s 8 0 311R1g5 ATTACHMENT 4 1580 3 SVRVE _VARRATIYE TO COMPLY WITH O.R.S. 209.250 SPRING HILL SUBDIVISION LEGEND - l4APOro, TO sMKY NA NpYWxNT TV LOTS. b}Rm A A 1ffY DF IIAIAI,NILC .M. O R. I.$- Bw1 W MD. "AIR 11.1. )ES AS>0]I. .0 AARAND PA. D>-°OJ. A reple t Ot Parcai 2 OT PaPt l t IOR Piet NO. P-2-1998, j - FS. S/a' ISO PIN P/ PLASTIC W HAD. MIR Ma)1a Ill Relh0 01 1.,. IAMSWO/ `NI(SgplaA ai ,.alnvrrl)IDN WAS xaNUIFX}m ei ~r1la OFx4re aarxo Located in the N.A. 1/9 0l Section 14, • W.S/a'Itch IM I/ PLASTIC WIRO. 8.106071 LaIeSD In RSrlie>. axER° ox14xLRE6~.1.C1rA~A~lw"ARNIINTIT RAM AS Mat As TTV$ i Ir MR AS°'IVAN T.39 S., R.1 E., f1. H. City OI Ashland ly • M. xomwfixT As mm. -x-x• Fszs Lt., ' Jackson Cop t}>. Oregon O FD. V.- IRM PIN WA PLASTIC CAP M. L.J. FRIAR A ASUC, 10 RSISOJ4. for 3l SFT 31" . 30' IROA PIN Y/ PIASTICW ND. L.I. FRIA) A At=. SACLE 6r0N8TR06TI0N 0 . SET r A SO' IRDi)1 mw R/ a.S• SRASS W AND. L.J. FRIAR A A".. IN NOV. ws AD m fin. ° 10w9- 186 AfORNINCL G11T DA ASHLAND, OR 97520 DR - Dv2a R&LORD. -1L - DFSIau AE.1O. IF JA. ODAT. Nwim C~~iL:4b I 1 - ROM DATA Al IMAM. =ft - JACx6DX CW1OY NEED AEroRCr. YT IrW110® Rs - RUNS. ANWSY.. a • CIXFFruNE. YC -VIME. IDAMR. FM- IWLIC UTILITY FASIPST• II. - IARTITIM PUT 0. F 11.....1 D.,. eJaw la RATI, ON 0WHISI/ ROM THAI em IX °F TI@ N-a 4 aECrlav 14 AN DERIVED IV.; TV NOAA OH FIL6 RI{.x1 lxb JAOfSON [Cq~p/I.yVfMKR'9 y1 0 M PS M £°MMEMi A1 TV N°qM L12' Of AI kCG.PCm AAYFT TWA ]oR~ S N9 A) 110" NUION. IRDN IIIs DAM FESRUAM S. 101, WIT of MAMEMNT, FEET A.01 1-- IN- R_ A •ss•P, 9.44 {RanLO FD. PIN. PARCEL 1 PER PP* P-2-1998 (RS 15674) IT- AerF°)FA.wwrTM Ln Ti I: Y I • aMEBI PLW Dulx°1AeesTrixr uiTR>. v •c ua ma Mu 4ruxFAa ,nnm u1a vA. .m/TAApI NI a/m. a143 DDrx♦AOwrmacl e1P4bv4•E 441. 0 PiAe. n Mr. I.arnm. a• R D S Iuv fAi ' I N -41 ~9}~T _ ~ ••••NI'S]'SI'P SO.a1 .TOR ~ Sa P4S'N'E15.00. a0 a DM ISx. DR --J P + la'1VF PoRN OMIN4 ••Y: 1`d ~-ye; y' ~ • ~ 4 n~`_ rnunW wA $g J 4N8 4s \a...........'.:: w e a I a INIn 1 w 1111 IF F`2 Any D°~ y:~ :1 1900 SF i-5111., e L A.' 11.18 sF $ `C [apI®• _ IuNIfitS JyM1V • DAD OEM. Y . yg:::":'•:::5.. W 1/AIAM STREF} n JrI - 110.W ID' IW 101.11 eT.>e t1 : 0::": •t a W ra]un al rrx e.a rrx n uLn:::~: R °LI qty ,a.u l x TO rrx'.. S'• .PIS V4'R :.`d'ze.n e..,: e Iw IIII &eB1 tt__ rD 1!i 1O 11644 1. e R 1 s• eu)e Dill T ..n 111-1 ii. 2 BPRINO HILL DRIVE n I L.JF mE AS IN n° N MN[ASI9 0A'MAY. i [ ••••~^•'r•:n n•. Y ~4 M leP.f'u•6 W e I50I iF F""" y raa.n a i < S 1 IDA " NaPU'44•W 1u.>a .V .4.IS nx TO lrx S I 9I eIW[:::"'a•• :n ':R~ n e I a raDi1 - M~~m~Y0A.TTTl'~~A'AnssT" iA 144da . u.e4 of e ,fix IXTMAFT 6YWWM. aar4a'w'e slsv.v . i i; W Oq xmu .rr ss.o°n °o n o i IN n g T e511 IF uw aF . IN ~ I ID I ? n lNV4P 5' SIDE IAb bTORN rh"~::::::::::p DO ~ I' 1 a'PIDS IAIYAi@4TOg1 1 1 DIRAI.W66 EAa (/LAM1......,... 0 DD JD 218.73 a ~WAIM66 FAf6lMT F L - ....sla••••uw>.~' Ie>De ~.~I + zm.a i [DEC IR' O'vEEP. HMH: NaP4a S a4a.n .E.p •L Mil IF CF "INS, I • MEIr I. C 1/~ OOFXEF INITIAL PDIM IRgI }IONgOIITLH JIPoM aN II. P-1-1000 F I uDSe 117. 857720 SoavrilNRl.l~o R"IRENP9R.'D, I. SNArx )LIYvr;KO 1/1 . 'LIPS, 9011 COURSE DATA TABLE IS X0. RAO/Ya 0'S iA 1-11, OHD `H= ND. L01IR)E IPOD - I.4i CI 14.1' t1.>1 Se9/a'S]'I r1.>S LI "WOPW'0 1~ ]O.OO u• r>.De Ivaa•ars ze.SS tz soPS3'6 20.Do C➢ 40.00 aFAIT P ae.10 a.ao J>vr-Y la.♦4 u WH'11'e ]LaD u :c.1D 8 +r. ee r4o oDw s vav4f•41 p0 SURVEY or, P]e CS ao.aD ro 9'11 la•l o• IT a.0v II111'YI' '41 (3:~J l! easraP♦~ I L.J ce 4D.'x1• .11 x1DJ)ve te.o Le IDC00.O1 •F a: /a L.J. FRIAR A ASSOCIATES. P.C. 80.70 xC]eb I.. X ne' T > 1 v IS •R I) CONSULTING UND SURVEYORS Sq.JI 318'98' '3:;2' aIi31R1'~}'H i .47 O L° aHS0Y0'I ~S n i D1 I.1.AN IPx1va- NDroe YPE L NO BIE WEST EIGHTH STREET W Ma OrsA Ix FlDmawxf cl° IN.OD W00'OD• I.:. 1' I ,I4 LID NOPq•I 1•R I+.o -f I,a3 MEDFORD. ORENN ui PFi voLo l sveD1YIJIOH. crl s.ro twr'D.• N~.1•Sq 1.:.4 uI xolao•a; P Ia.DO PHONE 75411 .B)50! 9750 2782 Nk0.r CIS 50.00 MS'a1' 10.55 H Pi F'4 - 90.11 LI} x.'41'1 'P 10.00 EAOYE CREEK LANE CDPIAOFTNB aPI01NN.TILAl~ II AN WIT EASEMEN73 OF RECORD PER SUSDIVism OVARANTEE 801 Qna jgx wFimO Fax xuxslrae/ox Ap Duml.urlox vx ~{(crAlnrv SHEET 2 OF 2 P£R YOL.JIr. IpT JI J6R le A IL4VRET MSENENi AW 791 E14E0 TL'S 800 8 s venn urwoT m Dv1nLD x. 1580e3IIRl~ /6137-- 6-1 / P 66y • P HAMILTON PLACE SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ARE RECORDED lL./0.7eo/~ (a planned communHy) AS DOCUMENT NO. 0#- NOW IN THE OFFICIAL RECORDS OF JACKSON COUNTY, OREGON Date Located In: 003-151 the S.E. 1/4 of the N.W. 1/4 of Section 14, Examlrued and approved this 19JA_day of 2004. Township 39 South, Range 1 East. Willamette Meridian RECORDER's comm-ATE • • • City of Ashland. Jackson County, Oregon filled for reaord this-2-2-day of fl e~ 2004 of LZlyO'Cbok_e.M. and 0 City Surveyor recorded In velum.j lL,or Plate at page P-3 of records or Jackson Cowry, Oregon. Examined and apprewd as squired by O.R.S. 92.100 as of [ter weAFA 11, 2DO4. /'n~JlJers sad , esee •nt o saeasmenl COY"y CI DeDut1' AS taxes, assessments or other charges as required bu O.R.S. 92.095 haw been paid as • • • SURVEYOR'S CE11iIF1CATE e e e of 2004. STATE OF OREGON Y County of Jackson ss. Tox CWI•ater I, Darrell L Huck, o dug Registered Professional Land Surveyor of the State of Oregon, do hereby erflty • • • D E C L A R A T 1 0 N • • • Mat the tract of land shown heron was aerr•atly surveyed by me or under my direction and was marked with the proper morwm•nts ox provided by tow and the plat 1e a correct repressnation of the some and the following KNOW ALL MEN BY THESE PRESENTS, that Hammon Place LLC., Is the owner In fee simple of the le an accurate d•sarlplbn of the tract. lands hereon dsecribed and has aubdMded the same Into late and akeefs and alley as shown hereon and the number of each let and the course and length of off lines are plainly set forth and this plat PARCEL 1 of land Portion flied for record January 22. 1998 and recorded as Partltan Plat No. P-2-1998 In the Is a correct representation of the subdlvislon. We do hereby dedicate to the City of Ashland, for Record of Petition Mate M Jackson County. Oregon and Is an file In the office of the Jackson County Surryr as puma use, the street and alloy shown hereon, together with the •aa•m•nts labeled public utTlty ease- No. 15634. mwds and Pedestrian Access Easements. Charter Cornmunlectlens Inc., their holm, assigns and/er suoseeson Is Interest are granted the dght I. Install and maintain T.V. cable -A.. over, ocros• and through the publk Wilily easements as shown hereon, as long as It does not Interfere with the Installation and mainlwanc• of ~A/~r( City of Ashland's utilities. We hereby grant to the City of Ashland, in fee simple, that area designated as SURVEYOR 0 1 foot street plug. By is apps al of this plat the Cry of Ashland undertakes that upon approved dedication of the affected street It will deed the street plug for public efreet purposes. We hereby make and ereale a 15' accts easement over and across W 4 and Lot 5 far the benefit of the owners, their hehs and assigns or Let 3 and Lot 4. Sold oaena eaum-f Is b be kept free and Near of any obdrueten•. Including fenase and parked -hid. The property doaerlbed hereon will be subject to Cewnards, CendRIore and Restrictions to be recorded es separate d--nt In the Offklol Records of Joel- County, Drop. We hereby designate said subdvIsion as HAMILTON PUCE SUBDIVISION. a planned community. IN WITNESS WHEREOF. signed this lON'day or Alatw.690' 2004. s 11-~ ..~~~en ae• by Alexander C. Knecht, President STATE OF OREGON County of Jackson sa. a/ The foregoing instrument was acknowledged before me this 10K day of Nmplier . 2004, by Alexander C. Knecht, President, who executed the within Instrument as behalf of Homilton Place LLC.. Before me: P. ELW.IN GRIFfT7H ~e'esis NOTMY r1aUGORFil01r aOWYa:1pe N0.>ae1~ fir. W Ca10L1La1 El~1RCf rUY I\ mGt a yyam~ee~~,~ we.~.••Mlewwa 11TItvl9Ca P heROFIer O-NAL LAND SURVEYOR oweoow For order of the Comfy Cammholonen approving this plat see Volume 1// page I gtrs0l~ISKUt vSd'7-6/O eT County Comml»leasm Journal or Proceedings. oft" this Y ~~eL •~0h0Os e+eas7 so It tAO, TL 900 masm-n 91ae1 1 M 2 /gssy ATTACHMENT 5 lfZl fi9Sd/ axa~a'aoRa osr 'ra mri al a z dosams wv4as/e ..Wr i.,a<.cl.damva,p I E m tT~a nm~.Om}q.wNwl rl xmms xn 3ax31 h ~ ~ ml ummn amr xmwm ~v~r unm ./I .vm ..m.. p ~ruou ,LY a T~ - .KK ].n Hass tlLLA3ANf15 ONYI I S~ - TK.ISw low T•Nm~iv>oai"d/rS` -M* y e Irolaa .bc N v' 1ro130 I W r M2 41Px rv,mar . araz. 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This report was originally scheduled for presentation to Council at the May 15. 2017, Study Session but was postponed due to time constraints. This report contains basically the same information that was on the May 15th agenda but also includes response reports to Pioneer Hall from APD and AF&R. The operation of the winter shelter at Pioneer Hall, while successful, has produced some challenges as outlined in the comments from staff (see May 15 agenda packet). These include damage to the facility, inappropriate behavior by some shelter guests and unsuitable interactions between the public and shelter guests. Actions, Options, or Potential Motions: This item is for information only. Staff Recommendation: N/A Resource Requirements: The City pays roughly $400 per month for general liability insurance for using a city facility as a winter shelter. Money is not specifically budgeted for this purpose in the biennial budget and the cost is currently absorbed by the Insurance Fund. I Policies, Plans and Goals Supported: 5. Seek opportunities to enable all citizens to meet basic needs Backl4round and Additional Information: Current the City provides Pioneer Hall for scheduled winter shelters on Sunday, Tuesday, and Thursday nights staffed by volunteers from the Rogue Valley Unitarian Fellowship, Temple Emek Shalom, the First Congregational United Church of Christ, and the South Mountain Friends Meeting. Additionally, a shelter is provided at the First Presbyterian Church on Mondays and at Trinity Episcopal Church on Wednesdays. There is no regularly scheduled shelter on Friday or Saturday nights. Attachments: • Response report to Pioneer Hall from APD Pagel of 2 CITY OF -ASH LAN D • Response report to Pioneer Hall from AF&R • Mav 15, 2017 Council packet I Page 2 of 2 CITY OF -ASHLAND i APD Response Report to Pioneer Hall 73 Winburn Way 11/01/16 - 04/01/17 11/01/15 - 04/01/16 CASESPULLED DOC 2 0 Detox 0 0 Drug 0 1 Found Property 1 0 Harassment 0 1 Hit and Run 0 1 Mental Hold 1 0 Open Container 0 1 Theft 1 2 Scattering Rubbish 0 1 Suspicious 0 0 Warrant 1 0 Total 6 7 CALL SUMMARY Assault 1 0 Assist Medical 9 2 Assist Public 3 3 DOC 9 5 Domestic 0 1 Drug 0 1 Expat 1 0 Follow Up 1 0 Foot Patrol 4 0 Found Property 2 0 Hit and Run 0 1 Liq. Law 0 1 Miscellaneous 1 0 Theft 0 2 Traffic 1 0 Trespass 3 3 Suspicious 1 1 Suicide/Threats 0 2 Warrant 2 0 Well Check 2 1 Total 40 23 AF&R Medical Responses to Pioneer Hall - 73 Winburn Way 11/01/15 - 04/01/16 (3 Total Calls) Nature of Call Patient Transported? Poisoning Yes Leg Pain Yes General Illness No 11/01/16 - 04/01/17 (9 Total Calls) Nature of Call Patient Transported? Nausea & Vomiting Yes Diabetic Yes Diabetic No Breathing Problems Yes Le Pain Yes Psych No Altered Level of Consciousness No (arrested b APD) General Illness Yes Hip Pain Yes Council Stud Session May 15, 2017 Title: Discussion Regarding Winter and Emergency Shelters Item Type: Discussion Requested by Council? Yes - Mayor Stromberg From: John Karns Interim City Administrator John.karns@ashland.or.us Discussion Questions: Mayor Stromberg requested that the winter and emergency shelter at Pioneer Hall be discussed during a Council study session. Some discussion questions may be: • What is the efficacy of using Pioneer Hall as a winter and emergency shelter? • Is there a better location for a winter and emergency shelter that would serve shelter guests better? • How should the challenge of identifying volunteers to staff the shelters be addressed? • How should the damage to Pioneer Hall caused by the facility being used as a shelter be addressed? • How should the behavioral issues of the shelter guests be addressed? • Does the City want to renew the emergency shelter contract with OHRA? Resource Requirements: The City pays roughly $400 per month for general liability insurance for using a city facility as a winter shelter. Money is not specifically budgeted for this purpose in the biennial budget and the cost is currently absorbed by the Insurance Fund. On December 20, 2016, the Council approved a contract to OHRA in the amount of $3850 to staff an emergency shelter on nights that met the criteria for such. The contract provided for up to five nights of emergency shelter activation. There are as yet undetermined costs for maintenance and repairs to Pioneer Hall. Suggested Next Steps: Council should determine where the winter and emergency shelter should be located, what community organizations should contribute, and how to manage the shelter operations next season. Policies, Plans and Goals Supported: 5. Seek opportunities to enable all citizens to meet basic needs Background and Additional Information: For the past five years, the City has made Pioneer Hall available for a winter shelter for the homeless, staffed by volunteers from The Rogue Valley Unitarian Universalist Fellowship Page 1 of 2 CITY OF ASHLAND (RVUUF) and Temple Emek Shalom (Temple). In 2016, Mayor Stromberg was contacted by Bob Morse representing the Ashland First Congregational United Church of Christ (UCC) and the South Mountain Friends Meeting (SMFM) who requested an additional night of shelter to be staffed by volunteers from their two churches and on December 20, 2016, Council agreed to the additional night. Also on December 20, 2016, Council approved a contract with OHRA to hire staff to coordinate the running of an emergency shelter on nights when the weather met the emergency shelter criteria. Attachments: • 2016-17 Ashland Winter Shelter Summary from Heidi Parker • Report on Sunday Night Winter Shelter at Pioneer Hall from Vanessa Houk • Spreadsheet of issues submitted to Parks and City staff • Photos related to issues submitted to staff Additional Links: December 20. 2016 Minutes Page 2 of 2 CITY OF ASHLAND 2016-17 ASHLAND WINTER HOMELESS SHELTER SUMMARY The 20016-17 Winter Overnight Homeless Shelter season officially ended April 16th 2017. This was our biggest year yet of providing a legal, warm, safe place for the un- housed in our community to get a much-needed night of rest. This was a massive under-taking! In total, our all-volunteer shelter program provided 112 nights of shelter (8 of those Emergency or Special Shelters) for 35-52 people each night from mid-November to mid-April, utilizing more than 120 volunteers, with at least 2 volunteers spending each night. An additional 119 volunteers (averaging 3 volunteers/ night) helped prepare and serve food, welcome and sign-in guests, or helped launder blankets or clean up. In January of this year we began offering a 5th night of weekly shelter (Sunday- Thursday) co-sponsored by the South Mountain Friends Meeting (Quakers), and the Congregational Church, in partnership with the City of Ashland to provide the Pioneer Hall Sunday Night Shelter location. Additional shelters were offered at the following locations each week: • Monday nights at the Presbyterian Church • Tuesday nights at Pioneer Hall, co-sponsored by Temple Emek Shalom, Unitarian Universalists, & the City of Ashland • Wednesday nights at Trinity Episcopal Church • Thursday nights at Pioneer Hall, sponsored by Temple Emek Shalom, Unitarians & the City of Ashland. We could not have done all this without our amazing network of volunteers who selflessly contributed their time and energy in service to the most needy in our community. Some volunteers spent the night, while others brought in food or helped serve, clean up, or simply sat with our guests to quietly listen and share a warm beverage. Additionally we would like to express our gratitude to all the sponsoring agencies, churches, synagogues, and the City of Ashland, including: Trinity Episcopal, Temple Emek Shalom, the Congregational Church, First Presbyterian Church, Quakers, Unitarian Universalist Fellowship, Food Angels, The Ashland Food Bank, City of Ashland Police, The City of Ashland Parks & Rec. Dept., Jackson Co. Health & Mental Health for help training our volunteers, and all the community volunteers who donated food, clothes, or their precious time in the service of other community members. We are having a Volunteer Appreciation Pot Luck dinner on Wednesday, May 17 at 6:30 p.m. at the Trinity Episcopal Church. All are welcome to attend. Heidi Parker, Winter Shelter Volunteer Coordinator Phone:541-482-1520 /email: parkershames(_)gmail.com Report on Sunday night winter shelter in Pioneer Hall Submitted by Vanessa Houk Dear City Councilors, We started the Sunday night shelter on January 1st of this year with a partnership between two faith based congregations, the UCC church (First Congregational United Church of Christ) and the Quaker Friends. That gave us a strong pool of volunteers to draw from and during the shelter season we averaged between 20 to 35 guests per night who stayed over, as well as another 10-20 who came inside to eat. Aside from the core group of overnight volunteers, we had approximately 15 more who brought in food and provided other forms of support as needed. For example, one of the things I saw as a need was clean, dry socks after stormy weather and a number of times volunteers stepped forward with donations like that. Trying to get some rest with soggy feet was not going to happen on my watch. The first thing I hope you hear is how grateful people were for the opportunity for shelter. I hope to pass along the deep and sincere gratitude that was often shared with me. I had a unique outlook since Jason and I also host the community meal on Friday nights (also held in Pioneer Hall), so I spent time with the homeless community just before they were losing shelter for the weekend and then again when they were re-sheltered on Sunday evenings. From that advantage I was able to make some observations that I would like to share with all of you. One of the things I saw is that on Friday nights people were jovial and there were few, if any behavior issues. There is a family like atmosphere that we all create there and it's known to be a very safe place for everyone. When I saw people again on Sunday evening and compared their emotional and physical state to how they were on Friday, I observed that they came in on Sundays and seemed to decompensate. Often they were cranky with one another from lack of sleep and a large percentage of them would bunk down as soon as possible, too exhausted to eat. While there was a calm atmosphere at the Sunday shelter, it was not a place where families could be sheltered. When the homeless community was well rested on Friday evenings, they often seemed like different people. Let me give you a concrete example of that. There's a young man who exudes a rough exterior. He's often disheveled looking and if I was wearing my judgiest pants, I might say that on the outside he looks kind of scary. I've gotten to know him from the Peace Meal and I've watched his behavior soften considerably over the past year. On many Fridays I've seen him correct his own behaviors so that he's acting in a kinder manner. When I saw him on Sundays, he was more likely to be back to those old behaviors. What I also observed was how the rest of the community has changed and now works together to address and correct negative behaviors. For example, if he was quick tempered, aside from having to face me or one of my volunteers, there would be several houseless people who would speak to him, problem solve and quickly set him straight again. This is still happening when other people are around him today. It carried over and I am seeing how the community uses what they observed in the shelters to keep the peace out on the streets. Besides creating a space for people to rest and stabilize, the shelter program is providing safe space for our most vulnerable communities. We provide safety by addressing aggressive behavior and banning violent and predatory offenders. We are able to influence behavior by providing positive reinforcement and models for better relationships between guests, volunteers and our community. The availability of meals at shelters have proven to be critical for managing guests with diabetes, preventing costly emergency room visits. Alternatively, volunteers at the shelters has been able to offer support to disabled and injured guests, relying on emergency services when necessary. Since the shelter has ended, I've also observed the impact of the lack of shelter has on the community. The bare bones shelter, held in different locations throughout the week (Pioneer (Sunday) First Presbyterian Church (Monday), Pioneer (Tuesday), Trinity Episcopalian (Wednesday) and Pioneer (Thursday), provided a sense of stability beyond basic shelter. I know of several people who found and held down jobs because they were sheltered this winter. I know of some who used the shelter as a way to stabilize so they could apply to SOU and know of at least one young man who has a great shot at rebuilding his life with that continued education. I saw how having a place where they can check in with other people helped their mental states and for those exhibiting mental illness, this was particularly true and over the course of the sheltered nights I could see improvements because they were getting some of their other basic needs met. Our winter shelter program provides safety, structure, socialization and improved decision making skills and that's carried back out on the streets with positive results. Thank you for your part in making that happen. DATE ISSUE We've been finding many things outside of both the Community Center and Pioneer Hall that are either unsafe or inappropriate for young children. 3/16/2015 There are often cigarette butts and miscellaneous trash around the buildings and on two different occasions children have found glass pipes on the ground. Is it possible to have parks personnel do an early morning check on the days that Pioneer Hall is used as a homeless shelter? -John Muir "Just a reminder that before exiting the building completely, we need a better effort to in cleaning up the cigarette butts on the front and side patios at 1/18/2017 Pioneer Hall as well as in front of the community center. We obviously know it is happening but please make a bigger effort for cleanup of the butts. We have groups coming in and out of those facilities often and not enough staff time to continuously clean up the mess. We are looking into some better signage, but that may be awhile" -Email from Parks to Sharon and John I have had several citizens approach and express concerns for Pioneer Hall. The fragile historic nature of the building was cited in reference to the concerns. Concern -The use of the building as a homeless shelter is creating various nuisance problems and worries for potential damage to the new brick work on the exterior patio area as well as concerns for a fire of the building itself and the adjacent Community Center. * See attached photos. I did not include a lot of pictures but can provide more if needed. The nice lady I spoke with most recently was concerned that the building could be burned down due to the number of smokers in the group allowed to stay there overnight. She also mentioned the marijuana smoking in addition to tobacco. My observations is that there is a large number of cigarette butts left on the property and on the sidewalk and street after this group uses the facility. There was what appears to be a butt can left behind. This area is a no smoking area. I am copying the police chief in this e-mail due to the 1/31/2017 violations of the city ordinances mentioned above(marijuana and no smoking in downtown area). Rachel this is being sent to you because of your awesome work with the Calle and my belief you would know how to best address this. It appears that the actual use of the building itself housing groups of travelers is the primary cause of the problem. Pioneer falls under Parks if I remember correctly? It is my intent to advise you of the reoccurring problem so that the use itself can be assessed and reviewed by your department. I remember in the past that if a group using Pioneer Hall was not following rules or causing damage to the property there may be a refusal to allow future use of the facility to the same group. For instance if a group was playing music on Friday nights and leaving the facility as shown in the pictures Parks Department has in the past declined to make the hall available a second time. Solution - recommend an alternative site for this type of use. Due to the historic nature of the Pioneer Hall and its fragile condition (is susceptible to fire -a wooden log cabin) perhaps an alternative location could be identified and a better solution to assist these travelers 3/21/2017 Renter informed us that there were still people sleeping outside of Pioneer Hall when she arrived at her reservation time of 9:30 am this morning. The renter also stated that someone had dropped off a quantitiy of food in front of the building, evidently as a donation for the hungry. "You asked me to look into the impact of losing a long-time renter. Tina Clark has rented the community center for her ballet program since 2007. She recently spoke with me and has found her own studio to rent and operate her pilates program as well as her ballet program (which has been the goal all along). She has appreciated working with APRC. She spoke about the problems that have occurred around the Community Center and Pioneer Hall with the transients "hanging out" daily in and around those facilities. She said she has seen it get worse within the last 2 years and has had lots of 3/28/2017 parents of her students complain to her regarding feeling unsafe. She has been in situations (as we all have) where transients are loitering on the sidewalk right outside of her program, smoking etc. and has even had to call the police on multiple occasions. If APRC is going to continue to manage these two facilities (Community Center and Pioneer Hall) on behalf of the City of Ashland, rent them out to the public I don't think it mixes well to have a homeless shelter next to an ice rink and a community center that we are trying to make available to general public. The revenue impact is about $3500 per year for losing Tina Clark as a renter." - Email from Rachel Dials to Michael Black DATE ISSUE Renter reserved CC but needed to access an item that is stored in Pioneer Hall. She had rented CC from 6:30-1Opm for an Eagle Scout ceremony. She went over to PH to get a flag and there was a large group of homeless mean smoking marijuana outside Pioneer Hall. They are not meant to arrive before 7:30pm but were congregated there, and they are not allowed to smoke within 10' of the door but they were doing that too. She had a few 4/9/2017 young Scouts with her and felt very uncomfortable and unsafe. One of the men asked her if he could take a few minutes of her time and she had to let him know she did not want to talk. As a result of her discomfort, she didn't immediately put the key back into the lock box as they were watching her, and she planned to have her husband put the key back after they were done in the Community Center. The shelter volunteers therefore arrived and did not see the key. Everything was resolved but there was tension on both sides. This renter also said that it doesn't feel safe and she wouldn't want women, especially young women, in that area. 4/12/2017 APRC staff found a sharps container with about 6 needles in it at Pioneer Hall after the Shelter cleared out this morning (4/12/17). Staff is concerned that items like this are being left in the building and the reason the are being left in the building. Rachel sent an email to Sharon and John. "Had some camping on the bricks this morning Pioneer Hall, woman came in and complained. We get calls or walk-ins most mornings after the hall is 4/13/2017 used as a shelter in regards to marijuana use, alcohol, littering, dogs running loose, parking violations, abandoned property etc. Some citizens just want to come in and complain about the use of the Pioneer Hall as a shelter, some of these nuisance calls get reported to police." --Reported by Kevin Flynn. "This morning, 7:00 a.m., I found a group of individuals camping (which occurs on a daily basis) in the courtyard of Pioneer Hall. They used the bike rack as a temporary shelter along with the outside entry way carpets. We will remove the bike rack today, which is portable, and find a better place for it to be used. Also, found the new breaker box was broken into and possibly damaged, I'm sure it was to find an outlet. Several individuals this morning had the sump pump to the building unplugged and were using it to charge their cell phones. I asked them to replace the plug and move on to a 4/18/2017 different location. We will have Mike Cook install a locking outlet cover in that location and repair any damage to the breaker panel. Frustration builds when I see the new landscape and new equipment on the building being damaged or abused. Over 30 new plants have not survived due to dogs and individuals walking in the planter beds, along with large amounts of dog feces. Parks maintenance crews will continue to be professional and courteous while cleaning the courtyard and we are planning to clean that area on a more aggressive schedule due to the damage to the plants and landscape, including the new rock retaining wall. We have placed signs asking to stay out of the shrub beds and keep dogs out, also." --Email to Kaylea Kathol from Bill Miller; cc Jeff McFarland; Mike Cook; Thomas McBartlett III; Joe Hyde "I'm writing to start documenting the deteriorating situation with the winter shelter at Pioneer Hall. I expect you may have heard about the vandalism and harassment of City employees that has been going on at Pioneer Hall courtyard. Lately we've seen the destruction intensify as more and more shelter users spend entire mornings and afternoons in the courtyard. In the email below, Bill details the damages done last night/this morning (see 4/18/2017 above). It appears their destruction has escalated from vandalism of landscaping to structural and electrical components of the courtyard and the building. Damaging the stone seat wall and breaking into an energized panel is especially problematic. I called the APD Dispatch this morning to have them removed as recommended to me by Warren Hensman, and will continue to do so every day this continues. Please know that my intent in this email is to raise awareness and establish documentation of the problem, as I realize that there may be little you can do in this situation." --Email to Michael Black from Kaylea Kathol; cc John Karns, Mike Faught, Rachel Dials 1/31/2017 - Email from Code Compliance to Parks r. z. 2 I~ ~ ~ q I • • LAW— ♦ ~ I 1, r i ~~V`~Y•~. .i~' ~ L'~ • Here are a couple of photos where they've been taking mortar and stones out of the new seat wall. I don't have any photos of the recent landscape damage. r~~ - r r t x,67 ,7t . 't ♦ I . v^il t ry 4M.~a" 44 4W Al. Council Business Meeting November 21, 2017 Title: Repeal and Replacement of October 17, 2017 Resolution on Providing a City Building Three Nights per Week as a Winter Shelter From: David Lohman City Attorney David. lohman@ashland. or. us Summary: This item was brought to Council at the last Business Meeting on November 7, 2017. Council took no action on the resolution repeal and replacement but requested that staff bring the issue back to Council at the next meeting and asked that the winter shelter organizers please attend so they could answer questions that Council may ask. At its October 17, 2017 business meeting, Council approved Resolution 2017-23 authorizing the City to provide a City building for winter shelter three nights per week from November 2017 through April 2018. Resolution 2017-23 replicated the previous year's resolution on providing winter shelter space for the winter of 2016-17, Resolution 2016-34, except for four additions noted during Council deliberation. One of those additions - the one stating that a City-provided shelter at City buildings would not be opened on any night when at least one certified female volunteer host and one certified male volunteer host are not available - now appears to contravene the Council's intention when it passed Resolution 2016-34 for the winter of 2016-17. In order to provide an alternative to the requirement for a volunteer host of each gender and retain consistency with the comparable provision in Resolution 2016-34, Council would have to repeal Resolution 2017-23 and replace it with a revised version. Actions, Options, or Potential Motions: Option 1: Move to repeal Resolution 2017-23 and approve a replacement resolution titled "A Revised Resolution Authorizing the City of Ashland to Provide a City Building for a Winter Shelter Three Nights per Week through April 2018 and Repealing Resolution 2017-23." Option 2: Take no action. Staff Recommendation: Staff has no recommendation. Assuming Council wishes to re-establish a notification process as a possible alternative to the requirement for having both male and female volunteer hosts for City- provided shelters, Council should approve a motion along the lines suggested in Option 1. Otherwise, Council should decline to approve a motion along the lines suggested in Option 1 and take no further action on this matter. Resource Requirements: The City pays roughly $400 per month for general liability insurance for using a City facility is winter shelter. Funds are not specifically budgeted for this purpose in the biennial budget, but the cost is absorbed by the Insurance Fund. Page Iof3 CITY of -ASHLAND Policies, Plans and Goals Supported: 5.3 Leverage partnerships with non-profit and private entities to build social equity programming. Background and Additional Information: The winter shelter resolution for winter 2015-16, Resolution 2015-26, included the following in Section 2, Terms and Conditions: Section 2.d Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p. m. to 8:00 a. m. An additional male volunteer will be required when more than 10 male guests are present. More volunteers may be required by the City depending on the building to be used. If the minimum number or[sic] qualified volunteers are not available for the entire time, the shelter will not be opened that night. At the September 6, 2016 Study Session, in preparation for winter shelter operations for the winter of 2016-17, some shelter volunteers suggested removing the requirement to have at least one male and one female host. They said this precaution had proved unnecessary; was not required at the non-City winter shelter locations; and had complicated the task of recruiting volunteer hosts. The minutes of the meeting reflect the ensuing discussion: 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. Staff subsequently proposed language to provide for a notification process through which the requirement for one male and one female volunteer could be bypassed (and eliminating the requirement for additional volunteers in some cases). This revision was incorporated into Resolution 2016-28, approved October 18, 2016: Section 2.d Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8: 00 p.m. to 8: 00 a. in. If volunteers of each gender are not available on a given night, RVUUF or the Temple shall notify the City Administrator by no later than 3 p.m. of the night of the shelter that the volunteers will be of the same gender. If the City Administrator is not available, RVUUF or the Temple shall notify the Director of Ashland Parks and Recreation. If the minimum number or[sic] qualified volunteers are not available for the entire time, the shelter will not be opened that night. Page 2 of 3 CITY OF -ASHLAND On December 20, 2016, Council repealed Resolution 2016-28 and replaced it with a revised version, Resolution 2016-34, which increased the City-provided shelter nights from 2 two to three. Resolution 2016-34 retained the language in Section 2.d providing for the possibility of utilizing a notification process in lieu of having to have one male and one female volunteer. At its October 17, 2017 business meeting, Council approved Resolution 2017-23 authorizing the City to provide a City building for winter shelter three nights per week from November 2017 through April 2018. Resolution 2017-23 replicated the previous year's resolution on providing winter shelter space for the winter of 2016- 17, Resolution 2016-34, except for four additions. One of those additions reflected the City Attorney's effort to clarify the provision in Section 2.d on the requirement for one male and one female host. Having neglected to review the 2016 meeting minutes and decisions, the City Attorney mistakenly interpreted the notification process as an addition to the one- male/one-female requirement for hosts instead of a substitute for that requirement, as was plainly intended in the prior resolution. On the basis of that misinterpretation and misdirected clarification effort, the City Attorney inserted the words "of each gender" in the final sentence of Section 2.d in the draft resolution presented to Council on October 17, 2017, so that it read as follows: If the minimum number of qualified volunteers of each gender are not available for the entire time, the shelter will not be opened that night. [Emphasis added] The Council approved the resolution as presented on October 17, 2017, probably without realizing the inserted words in Section 2.d made it inconsistent with the like provision in Resolution 2016-34. Accordingly, Council may wish to repeal the October 17 resolution (Resolution 2017-23) and replace it with a new resolution with a Section 2.d identical to the Section 2.d in Resolution 2016-34. Attachments: Proposed Resolution Page 3 of 3 CITY OF -ASHLAND RESOLUTION NO. 2017- A REVISED RESOLUTION AUTHORIZING THE CITY OF ASHLAND TO PROVIDE A CITY BUILDING FOR A WINTER SHELTER THREE NIGHTS PER WEEK THROUGH APRIL, 2018 AND REPEALING RESOLUTION 2017-23 RECITALS: A. Rogue Valley Unitarian Universalist Fellowship (RVUUF) and Temple Emek Shalom (Temple) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building two nights per week from November, 2017, through April, 2018. B. The First Congregational United Church of Christ (UCC) and the South Mountain Friends Meeting (SMFM) wish to partner with the City of Ashland to provide shelter for homeless community members at a City building one night per week from November, 2017, through April, 2018. C. RVUUF, Temple, UCC, and SMFM will provide volunteers to staff, manage and clean the shelter. D. The City is willing to provide a building up to three nights a week for a winter shelter in accordance with the provisions below. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Provision of a Shelter. Ashland will provide a City building for use as a shelter for homeless community members three nights per week under the terms and conditions set forth herein. SECTION 2. Terms and Conditions. a. This building is offered for the period November, 2017, through April, 2018. b. Prior to staffing a City-owned facility, volunteers must sign a waiver releasing the City from liability for any personal injuries to them. c. The shelter will be staffed by volunteers from RVUUF, Temple, UCC, and SMFM who are certified to staff an overnight shelter. RVUUF, Temple, UCC, and SMFM must provide to the City Administrator written assurance that every volunteer who will staff the shelter is certified to have completed appropriate training on the emergency plan, mental health plan and emergency communications for the shelter and has passed criminal background checks. d. Each night of operation of the shelter, at least one male volunteer and one female volunteer will staff the shelter from 8:00 p.m. to 8:00 a.m. If volunteers of each gender are not available on a given night, RVUUF or the Temple shall notify the City Administrator by no later than 3 p.m. of the night of the shelter that the volunteers will be of the same gender. If the City Administrator is not available, RVUUF or the Temple shall notify the Director of Ashland Parks and Recreation. If the minimum number of certified volunteers are not available for the entire time, the shelter will not be opened Page 1 of 3 i that night. e. Shelter occupancy will be limited to 42 guests on a first come, first serve basis. f. Shelter will open at approximately 7:30 p.m. and close the following morning at 7:30 a.m. Doors will be locked at 10:00 p.m. with no re-entry for any that leave. g. City insurance requires sleeping space for single men be separate from sleeping space for families and single women. Buildings must have separate restrooms for men and women. h. Ashland Parks & Recreation will identify the building to be used and provide access. The priority from an operational and safety perspective is Pioneer Hall and the Community Center, in that order. Due to Pioneer Hall's structural deficiencies, it may become unavailable at any time - particularly when snow loads or high winds are predicted - for use as a winter shelter. If no City-owned facilities are available on a particular night due to safety concerns or prior booking, a winter shelter building for that night will not be the responsibility of the City. i. No showers or food service will be made available during the hours of operation. SECTION 3. Shelter Policies. Operation of the shelter shall, to the greatest extent feasible, comply with the following guidelines: a. Shelter services must be provided with dignity, care, and concern for the individuals involved. b. The buildings used as a shelter will comply with City, County and State Building, Fire and Health Codes, unless exemptions have been obtained from the appropriate agencies, and must be maintained in a safe and sanitary condition at all times. c. Upon entering the shelter facility each night, each guest must sign in, and sign an agreement committing to comply with shelter rules, absolving the City and volunteers of any responsibility for the security of the guest's personal property, releasing the City and volunteers from all claims of liability for property damage or personal injury arising from operation of the shelter or use of the City's building and certifying that he or she is eighteen years of age, or older. d. No cooking. e. No drugs, alcohol, or weapons will be allowed in the shelter property at any time. f. No pets will be allowed in the shelter, except as described in Section 4, below. g. No disorderly conduct will be tolerated. h. No threatening or abusive language will be tolerated. i. No excessive noise will be tolerated, e.g. loud radios, telephone conversations, etc. j. Smoking will be restricted to the outdoors in designated areas. k. All guests should maintain their own areas and belongings in an orderly condition. 1. If a volunteer/staff member accepts any item from a guest for safe keeping at least one other volunteer/staff member will witness the transaction. in. Failure to comply with shelter policies may disqualify a guest(s) from future stays. n. The check-in/check-out process shall be maintained by the volunteers sufficient to ensure control of the premises and exiting by guests at 7:30 a.m. to allow cleaning and room set- up by 8:00 a.m. o. To minimize interference with nearby activities and with other uses of a site to be used as a shelter on any particular night, volunteers and staff members will ask persons seeking to become shelter guests to refrain from congregating at the shelter more than one hour Page 2 of 3 prior to check-in for that night. SECTION 4. Dogs. Dogs may be permitted in the shelter under the following circumstances: a. If taken outside for biological needs, dogs must be leashed. b. Shelter volunteers are to devise and follow procedures to keep dogs away from each other and other guests as they are being housed for the night and as they exit in the morning. c. Shelter volunteers must be responsible for cleaning and sanitizing any areas soiled by a dog or dogs. Such cleaning is to be done to the satisfaction of City facilities maintenance staff. d. Dogs that become threatening to others or are otherwise unmanageable will be required to leave the shelter. e. Shelter volunteers must notify the Ashland Police Department in the event a dog bite breaks the skin of an emergency shelter guest or volunteer. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of , 2017, and takes effect upon signing by the Mayor. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , 2017. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 3 of 3 Council Business Meeting November 21,2017' Title: Cottage Housing Ordinance - Second Reading From: Brandon Goldman Senior Planner Brandon. Gold man@ashland.or.us Summary: A draft ordinance relating to the development of cottage housing within single family residential zones is attached. This ordinance creates the opportunity for small cottage housing developments on vacant and under developed properties within residential zones. Actions, Options, or Potential Motions: I move approval of Second Reading, by title only, and adoption of an ordinance titled, "An ordinance amending chapters 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.040, 18.3.5.050, 18.3.9, 18.4.3.040, 18.4.8, and 18.5.2.050 of the Ashland Land Use Ordinance to establish standards for cottage housing developments within R-1-5, R-1-7.5, NN-1-5, NM-R-1-5, and NM-R-1-7.5 single family residential zones". Staff Recommendation: Staff recommends approval of second reading and adoption of the ordinance amendments as presented. Resource Requirements: There is no direct cost to the City relating to the adoption of Cottage Housing Standards into the Land Use Ordinance. Policies, Plans and Goals Supported: The City Council's "Ashland 2020" goals and objectives that are supported by the proposed cottage housing ordinance include. • Support and promote, through policy, programs that make the City affordable to live in. Pursue affordable housing opportunities, especially workforce housing. Identify specific incentives for developers to build more affordable housing. (high priority for 2015-2017) • Support land-use plans and policies that encourage family friendly neighborhoods. Draft pocket neighborhood code that allows for the construction of small scale, cottage housing projects. The Ashland Comprehensive Plan includes the following performance indicators in the Regional Plan Element that are supported by the proposed cottage housing ordinance. • Reach density of 6.6 dwelling units per acre for land in the UGB that is annexed or offset by increasing the residential density in the city limits. • Achieve targets for dwelling units and employment in mixed-use/pedestrian friendly areas. Page I of 3 CITY OF -AS H LA N D • Participate in a regional housing strategy that strongly encourages a range of housing types. The Ashland Comprehensive Plan's Housing Element includes the following goal that is supported by the proposed cottage housing ordinance. • Ensure a variety of dwelling types and provide housing opportunities for the total cross- section of Ashland's population, consistent with preserving the character and appearance of the city. The Ashland Comprehensive Plan's Parks, Open Space, and Aesthetics Element includes the following goal that is supported by the proposed cottage housing ordinance. • Encourage the development of private common open space area in new residential developments to offset the demand for additional public parks. (Parks, Open Space, and Aesthetics Element) The Ashland Comprehensive Plan's Transportation Element includes the following goal that is supported by the proposed cottage housing ordinance. • Maintain and improve Ashland's compact urban form to allow maximum pedestrian and bicycle travel. BacklZround and Additional Information: The Cottage Housing Ordinance was presented to the City Council at a public hearing on November 7, 2017. The Council requested no revisions to the ordinance at First Reading and approved the ordinance as presented. Staff has corrected a Scribner's error between first reading and Second reading to newly identify the North Mountain Neighborhood single family zoning designations (NM-R-1-5 and NM-R-1-7.5) in the title of the ordinance. The inclusion of these zones in the title is necessary as the amendments proposed include changes to the allowed uses section (18.3.5.050) of the North Mountain District as described in Section 5 of the proposed ordinance. The Cottage Housing Ordinance as presented includes the following provisions: • Cottage Housing Development would be permitted on R-1-5, R-1-7.5, NN-1-5, NM-R-1- 5, and NM-R-1-7.5 zoned properties. • A minimum of 3, and a maximum of 12, cottages could be provided in a cottage housing development depending on lot size. . • Cottages shall be no larger than 1000sq.ft., and at least 75% of the cottages shall be less than 800sq.ft. • A floor area ratio (FAR) of 0.35 is required for the entire development, with exemptions for common buildings, to ensure the total volume of buildings on site are comparable to that of average single family home developments. • A maximum building height of 18' with a ridgeline no greater than 25' above grade. • Lot coverage remains consistent with the underlying zone; 50% for R-1-5 zone and 45% for R-1-7.5. However, the draft includes an allowance for an additional 10% of lot coverage for the use of pervious materials. • Setbacks have been reduced to 6 ft. between cottages, with the exception that setbacks along the perimeter of the development must meet the existing requirements of the zone. Page 2of3 CITY OF -ASHLAND • There is a 20% common open space requirement but to provide flexibility the ordinance allows for the open space to be divided into multiple open spaces provided they are interconnected and accessible to all residents of the development. • Specific cottage housing design requirements (roof pitch, gables, etc.) have been removed from the draft ordinance, however the draft requires that such developments be subject to the existing Site Design Standards which will provide for orientation toward the street and pedestrian connections to the neighborhood. • To address the issue of preserving solar access on a site of concentrated small detached homes, the draft ordinance stipulates that shadows cast from structures within the development could not cast shadows upon the roof of another cottage. • The parking requirements for cottage housing developments as follows: o Units less than 800 sq. ft. - 1 space/unit. o Units greater than 800 square feet and less than 1000 square feet -1.5 spaces/unit. o Units greater than 1000 square feet - 2.00 spaces/unit. o Retirement complexes for seniors 55-years or greater - One space per unit. Cottage housing developments will be subject to subdivision and site review approval through the Type II planning application process. Public Meetings The City Council held a study session on the proposed amendments on September 19, 2017, and a public hearing and First Reading on November 7, 2017. During the development of the ordinance the Housing and Human Services Commission reviewed an early draft on January 26, 2017, and reviewed the final draft on September 28, 2017. The Housing Commission noted that their initial concerns relating to reducing setbacks between cottages, elimination of prescriptive design requirements, and provision of open space had been addressed in the final draft as proposed. As the Housing and Human Services Commission's review was not a public hearing they did not provide a formal recommendation to the City Council. The Planning Commission held seven study sessions (8/25/2015, 4/26/2016, 7/26/2016, 8/23/2016, 1/10/2017, 2/28/2017, 7/25/2017, 8/22/2017) during the development of the ordinance, making numerous revisions and refinements. The Commission held a public hearing on the proposed ordinance on September 26, 2017. The Planning Commission was unanimous in their recommendation that the City Council approve the cottage housing ordinance. Attachments: 1. Proposed Land Use Ordinance Amendments 2. Written Comments received in advance of the public hearing on 11/17/2017 3. The Staff Report For Planning Action 2017-01421 was provided to Council at First Reading on 11/7/17 Page 3 of 3 CITY OF -AS H LA N D ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.2.2.030, 18.2.3.090, 18.2.5.030, 18.3.4.0409 18.3.5.0509 18.3.99 18.4.3.0409 18.4.8, AND 18.5.2.050 OF THE ASHLAND LAND USE ORDINANCE TO ESTABLISH STANDARDS FOR COTTAGE HOUSING DEVELOPMENTS WITHIN R-1-5, R-1-7.5, NN-1-5, NM-R-1-5, AND NM-R-1-7.5 SINGLE FAMILY RESIDENTIAL ZONES Annotated to show deletions and additions to the code sections being modified. Deletions are bold wed thr-o tg# and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as frilly as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City of Ashland reaffirmed the long-standing policy of accommodating growth within the Ashland Urban Growth Boundary rather than growing outward into surrounding farm and forest lands in the Greater Bear Creek Valley Regional Problem Solving (RPS) planning process; and WHEREAS, the City of Ashland seeks to balance projected population growth with the community goal of preventing sprawling development, and to this end examines opportunities to use land more efficiently for housing; and WHEREAS, the City Council has determined that the establishment of rules and regulations to incentivize the development of small cottage housing units within residential neighborhoods is a legitimate and beneficial goal; and WHEREAS, the City Council has determined that this Ordinance provides adequate development standards to ensure cottage housing developments are compatible with single family neighborhoods; and WHEREAS, the Planning Commission of the City of Ashland conducted on September 26, 2017 a duly advertised public hearing on amendments to the Ashland Municipal Code and Land Use Ordinances concerning cottage housing development standards; and II~ I Ordinance No. Page 1 of 24 l WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.2.2 [Base Zones and Allowed Uses] of the Ashland Land Use Ordinance, Table 18.2.2.030.B [Residential Uses] is hereby amended as follows: Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & E- M- Special Use 3.5 C-1-D 1 1 Standards B. Residential Uses' See Single-Family standards in Sec 18.2.5.090 Sec. 18 2.3.130 for C- Single-Family P P P P P P S S N 1 zone and E-1 zone Dwelling Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070 Accessory S S S S S N N N N Sec. 18.2.3.040 Residential Unit Sec. 18.2.3.110 Duplex Dwelling S P P P N N S S N Duplex Dwelling Manufactured Sec. 18.2.3.170 and Home on Individual S S S S N N N N N not allowed in Historic Lot District Overlay Manufactured Housing N S +S N N N N N N Sec. 18.2.3.180 Development Sec. 18.2.3.130 for C- 1 zone and E-1 zone Multifamily Dwelling N P P P N N S S N Dwellings and additions in Historic KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. Ordinance No. Page 2 of 24 Table 18.2.2.030 - Uses Allowed by Zone R-1 R-1 R-2 R-3 RR WR C-1 & E- M- Special Use 3.5 C-1-D 1 1 Standards District Overlay, see Sec. 18 2 3 120 and Cottage Housing S N N N N N N N N Sec. 18.2.3.090 Cotta a Housin Rental Dwelling Unit Conversion to N N S S N N N N IvJ Sec 18 For-Purchase 3.200 Housing SECTION 2. Chapter 18.2.3.090 [Cottage Housing] of the Ashland Land Use Ordinance is hereby amended as follows: 18.2.3.090 Cottage Housing A. Purpose and Intent. The purpose and intent of this chapter is to encourage innovative site planning and variety in housing while ensuring compatibility with established neighborhoods, and to provide opportunities for ownership of small detached single family dwellings for a population diverse in age, income, and household size. Where cottage housing developments are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all of the following requirements. B. Exceptions and Variances. Requests to depart from the requirements of this chapter are subject to the approval criteria under section 18.5.2.050.E Exception to the Site Development and Design Standards. C. Development Standards Cottage housing developments shall meet all of the following requirements. 1. Cottage Housing Density the permitted number of units and minimum lot areas shall be as follows: Table 18.2.3.090.C.1 Cottage Housing Development Density Minimum Maximum Minimum lot Maximum number of number of size Maximum Floor cottages per cottages per (accommodates Zones Cottage Area cottage cottage minimum Density Ratio housing housing number of (FAR) developmet development cottages) 1 cottage R-1-5, dwelling unit NN-1-5 per 2,500 3 12 7,500 sq.ft. 0.35 NM-R-1-5 square feet of lot area Ordinance No. Page 3 of 24 1 cottage R-1-7.5 dwelling unit NM-R-1-7.5 per 3,750 3 12 11,250 sq.ft. 0.35 square feet of lot area 2. Building and Site Design. a. Maximum Floor Area Ratio: The combined gross floor area of all cottaaes and aaraaes shall not exceed a 0.35 floor area ratio (FAR). Structures such as parking carports, green houses, and common accessory structures are exempt from the maximum floor area calculation. b. Maximum Floor Area. The maximum gross habitable floor area for 75 percent or more of the cottages, within developments of four units or greater, shall be 800 square feet or less per unit. At least two of the cottages within three unit cottage housing developments shall have _a gross habitable floor area of 800 square feet or less. The gross habitable floor area for any individual cottage unit shall not exceed 1000 square feet. c. Height. Building height of all structures shall not exceed 18 feet. The ridge of a pitched roof may extend up to 25 feet above grade. d. Lot Coveraqe. Lot coverage shall meet the requirements of the underlying zone-outlined in Table 18.2.5.030.A. e. Building Separation. A cottage development may include two-unit attached, as well as detached, cottages. With the exception of attached units, a minimum separation of six feet measured from the nearest point of the exterior walls is required between cottage housing units. Accessory buildings (e.g., carport, garage, shed, multipurpose room) shall comply with building code requirements for separation from non-residential structures. f. Fences. Notwithstanding the provisions of section 18.4.4.060, fence height is limited to four feet on interior areas adjacent to open space except as allowed for deer fencing in subsection 18.4.4.060.B.6. Fences in the front and side yards abutting a public street, and on the perimeter of the development shall meet the fence standards of section 18.4.4.060. 3. Access, Circulation, and Off-Street Parking Requirements. Notwithstanding the provisions of chapter 18.3.9 Performance Standards Option and 18.4 Site Development and Site Design Standards, cottage housing developments are subject to the following requirements: a. Public Street Dedications. Except for those street connections identified on the Street Dedication Map, the Commission may reduce or waive the requirement to dedicate and construct a public street as required in 18.4.6.040 upon finding that the cottage housing development meets connectivity and block length standards by providing public access for pedestrians and bicyclists with an alley, shared street, or multi-use path connecting the public street to adjoining properties. Ordinance No. Page 4 of 24 b. Driveways and parking areas. Driveway and parking areas shall meet the vehicle area design standards of section 18.4.3. L Parking shall meet the minimum parking ratios per 18.4.3.040. ii. Parking shall be consolidated to minimize the number of parking areas, and shall be located on the cottage housing development property. iii. Off-street parking can be located within an accessory structure such as a multi-auto carport or garage, but such multi-auto structures shall not be attached to individual cottages. Single-car garages and carports may be attached to individual cottages. Uncovered parking is also permitted provided that off street parking is screened in accordance with the applicable landscape and screening standards of chapter 18.4.4. 4. Open Space. Open space shall meet all of the following standards. a. A minimum of 20 percent of the total lot area is required as open space. b. Open space(s) shall have no dimension that is less than 20 feet unless otherwise granted an exception by the hearing authority. Connections between separated open spaces, not meeting this dimensional requirement, shall not contribute toward meeting the minimum open space area. c. Shall consist of a central space, or series of interconnected spaces. d. Physically constrained areas such as wetlands or steep slopes cannot be counted towards the open space requirement. e. At least 50 percent of the cottage units shall abut an open space. f. The open space shall be distinguished from the private outdoor areas with a walkway, fencing, landscaping, berm, or similar method to provide a visual boundary around the perimeter of the common area. g. Parking areas and driveways do not qualify as open space. grouped parking s,. Existing House unlta ILi ;r. unit 1 common 12 L 1 = building ~ ,t3~ , 11 f 9~ Z dace CD CD 10 rllllll 3 unit 2 unit 3 ? _ !en 9 y 4 5 6 'a 7 8 a Figure 18.2.3.090 Cottage Housing Conceptual Site Plans Ordinance No. Page 5 of 24 5. Private Outdoor Area. Each residential unit in a cottage housing development shall have a private outdoor area. Private outdoor areas shall be separate from the open space to create a sense of separate ownership. a. Each cottage unit shall be provided with a minimum of 200 square feet of usable private outdoor area. Private outdoor areas may include gardening areas, patios, or porches. b. No dimension of the private outdoor area shall be less than 8 feet. 6. Common Buildings, Existing Nonconforming Structures and Accessory Residential Units. a. Common Buildings. Up to 25 percent of the required common open space, but no greater than 1,500 square feet, may be utilized as a community building for the sole use of the cottage housing residents. Common buildings shall not be attached to cottages. b. Carports and garage structures. Consolidated carports or garage structures, provided per 18.2.3.090.C.3.b, are not subject to the area limitations for common buildings. c. Nonconforming Dwelling Units. An existing single-family residential structure built prior to the effective date of this ordinance (date), which may be nonconforming with respect to the standards of this chapter, shall be permitted to remain. Existing nonconforming dwelling units shall be included in the maximum permitted cottage density. 1,000 square feet of the habitable floor area of such nonconforming dwellings shall be included in the maximum floor area permitted per 18.2.3.090C.2.a. Existing garages, other existing non habitable floor area, and the nonconforming dwelling's habitable floor area in excess of 1,000 square feet shall not be included in the maximum floor area ratio. d. Accessory Residential Units. New accessory residential units (ARUs) are not permitted in cottage housing developments, except that an existing ARU that is accessory to an existing nonconforming single-family structure may be counted as a cottage unit if the property is developed subject to the provisions of this chapter. 7. Storm Water and Low-Impact Development. a. Developments shall include open space and landscaped features as a component of the project's storm water low impact development techniques including natural filtration and on-site infiltration of storm water. b. Low impact development techniques for storm water management shall be used wherever possible. Such techniques may include the use of porous solid surfaces in parking areas and walkways, directing roof drains and parking lot runoff to landscape beds, green or living roofs, and rain barrels. c. Cottages shall be located to maximize the infiltration of storm water run-off. In Ordinance No. Page 6 of 24 this zone, cottages shall be grouped and parking areas shall be located to preserve as much contiguous, permanently undeveloped open space and native vegetation as reasonably possible when considering all standards in this chapter. 8. Restrictions. a. The size of a cottage dwelling may not be increased beyond the maximum floor area in subsection 18.2.3.090.C.2.a. A deed restriction shall be placed on the property notifying future property owners of the size restriction. SECTION 3. Chapter 18.2.5.030 [Unified Standards for Residential Zones] of the Ashland Land Use Ordinance, Table 18.2.5.030.A [Standards for Urban Residential Zones] is hereby amended as follows: 18.2.5.030 Unified Standards for Residential Zones A. Standards for Urban Residential Zones. Table 18.2.5.030.A contains standards for the R- 1, R-1-3.5, R-2, and R-3 zones. Standards for the RR and WR zones are contained in subsections 18.2.5.030.B and 18.2.5.030.C. Table 18.2.5.030.A - Standards for Urban Residential Zonesz (Except as modified under chapter 18.5.5 Variances or chapter 18.3.9 Performance Standards Option.) R-1 Standard R-2 R-3 R-1-10 R-1-7.5 R-1-5 R-1-3.5 Lot Coverage - Maximum101? 40% 45% 50% 55% 65% 75% of lot area) 10A total area up to 200 sf or 5% of the permitted lot coverage, whichever is less, may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum; the porous solid surface exemption does not apply to driveways and parking areas. "Within Cottage Housing Developments up to 10% of the permitted lot coverage may be developed in an approved, porous solid surface that allows storm water infiltration, and is exempt from the lot coverage maximum. SECTION 4. Chapter 18.3.4.040 [Normal Neighborhood District; Use Regulations] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.4.040 Use Regulations Ordinance No. Page 7 of 24 A. Plan overlay zones. There are four Land Use Designation Overlays zones within the Normal Neighborhood Plan are intended to accommodate a variety of housing opportunities, preserve natural areas and provide open space. 1. Plan NN-1-5 zone The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed, in addition to the detached single dwelling. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 2. Plan NN-1-3.5 zone. The use regulations and development standards are intended to create, maintain and promote single-dwelling neighborhood character. A variety of housing types are allowed including multiple compact attached and/or detached dwellings. Dwellings may be grouped around common open space promoting a scale and character compatible with single family homes. Development standards that are largely the same as those for single dwellings ensure that the overall image and character of the single-dwelling neighborhood is maintained. 3. Plan NN-1-3.5-C zone. The use regulations and development standards are intended to provide housing opportunities for individual households through development of multiple compact attached and/or detached dwellings with the added allowance for neighborhood-serving commercial mixed-uses so that many of the activities of daily living can occur within the Normal Neighborhood. The public streets within the vicinity of the NN-1-3.5-C overlay are to provide sufficient on-street parking to accommodate ground floor neighborhood business uses. 4. Plan NN-2 zone. The use regulations and development standards are intended to create and maintain a range of housing choices, including multi-family housing within the context of the residential character of the Normal-Neighborhood Plan. B. Normal Neighborhood Plan Residential Building Types. The development standards for the Normal Neighborhood Plan will preserve neighborhood character by incorporating four distinct land use overlay areas with different concentrations of varying housing types. 1. Single Dwelling Residential Unit. A Single Dwelling Residential Unit is a detached residential building that contains a single dwelling with self-contained living facilities on one lot. It is separated from adjacent dwellings by private open space in the form of side yards and backyards, and set back from the public street or common green by a front yard. Auto parking is generally on the same lot in a garage, carport, or uncovered area. The garage may be detached or attached to the dwelling structure. 2. Accessory Residential Unit. Ordinance No. Page 8 of 24 I i An Accessory Residential Unit is a secondary dwelling unit on a lot, either attached to the single-family dwelling or in a detached building located on the same lot with a single- family dwelling, and having an independent means of entry. I 3. Double Dwelling Residential Unit (Duplex). A Double Dwelling Residential Unit is a residential building that contains two dwellings located on a single lot each with self-contained living facilities. Double Dwelling Residential Units must share a common wall or a common floor/ ceiling and are similar to a Single Dwelling Unit in appearance, height, massing and lot placement. 4. Attached Residential Unit. (Townhome, Row house) An Attached Residential Unit is single dwelling located on an individual lot which is attached along one or both sidewalls to an adjacent dwelling unit. Private open space may take the form of front yards, backyards, or upper level terraces. The dwelling unit may be set back frorn the public street or common green by a front yard. 5. Clustered Residential Units - Pedestrian-Oriented. Pedestrian-Oriented Clustered Residential Units are multiple dwellings grouped around common open space that promote a scale and character compatible with single family homes. Units are typically arranged around a central common green under communal ownership. Auto parking is generally grouped in a shared surface area or areas. 6. Multiple Dwelling Residential Unit. Multiple Dwelling Residential Units are multiple dwellings that occupy a single building or multiple buildings on a single lot. Dwellings may take the form of condominiums or apartments. Auto parking is generally provided in a shared parking area or structured parking facility. 7. Cottage Housing.fOs~' Cottage Housing Units are small dwellings in developments approved in accordance with the standards in 18.2.3.090. C. General Use Regulations. Uses and their accessory uses are permitted, special permitted or conditional uses in the Normal Neighborhood Plan area as listed in the Land Use Table. Table 18.3.4.040 Land Use NN-1-5 NN-1-3.5 NN-1-3.5-C NN-2 Descriptions Single family Suburban Suburban Multi-family Residential Residential Residential Low Density with Residential commercial Residential Uses Single Dwelling Residential Unit P P N N (Single-Family Dwelling) Ordinance No. Page 9 of 24 Accessory Residential Unit P P P N Double Dwelling Residential Unit P P P (Duplex Dwelling) N Cottage Housing [PlaGeholde l subject to the requirements of S N N N 18.2.3.090 - - Clustered Residential Units N P P P Attached Residential Unit N P P P Multiple Dwelling Residential Unit N P P P (Multi family Dwelling) Manufactured Home on Individual Lot P P P P Manufactured Housing Development N P P P Neighborhood Business and Service Uses Home Occupation P P P P Retail Sales and Services, with each building limited to 3,500 square feet of N N P N Professional and Medical Offices, with each building limited to 3,500 square N N P N feet of gross floor area Light manufacturing or assembly of items occupying six hundred (600) N N P N square feet or less, and contiguous to the permitted retail use. Restaurants N N P N Day Care Center N N P N Assisted Living Facilities N C C C Public and Institutional Uses Religious Institutions and C C C C Houses of Worship Public Buildings P P P P i Community Gardens P P P P Open space and Recreational P P P P Facilities P = Permitted Use; CU = Conditional Use Permit Required; N = Not Allowed 1. Permitted Uses. Uses listed as "Permitted (P)" are allowed. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of Part 18.5. See section 18.5.1.020 Determination of Review Procedure. Ordinance No. Page 10 of 24 2. Conditional Uses. Uses listed as "Conditional Use Permit Required (C)" are allowed subject to the requirements of chapter 18.5.4 Conditional Use Permits. 3. Prohibited Uses. Uses not listed in the Land Use Table, and not found to be similar to an allowed use following the procedures of section 18.1.5.040 Similar Uses, are prohibited. SECTION 5. Chapter 18.3.5.050 [North Mountain Neighborhood District; Allowed Uses] of the Ashland Land Use Ordinance is hereby amended as follows: 18.3.5.050 Allowed Uses A. Uses Allowed in North Mountain Neighborhood Zones. Allowed uses include those that are permitted, permitted subject to special use standards, and allowed subject to a conditional use permit. Where Table 18.3.5.050 does not list a specific use and part 18.6 does not define the use or include it as an example of an allowed use, the City may find that use is allowed, or is not allowed, following the procedures of section 18.1.5.040 Similar Uses. Uses not listed in Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. All uses are subject to the development standards of zone in which they are located, any applicable overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020 Determination of Review Procedure. B Uses Regulated by Overlay Zones. Notwithstanding the provisions of chapter 18.2.2 Base Zones, additional land use standards or use restrictions apply within overlay zones. An overlay zone may also provide for exceptions to some standards of the underlying zone. For regulations applying to the City's overlays zones, please refer to part 18.3. C. Mixed-Use. Uses allowed in a zone individually are also allowed in combination with one another, in the same structure or on the same site, provided all applicable development standards and building code requirements are met. Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone3 North Mountain Neighborhood Zones' NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic A. Residential Residential Uses, subject to density P P P P N requirements in Table 18.3.5.050 Accessory Residential Units S S N P N Cottage Housing S S N N N Horne Occupations P P P P N Agricultural Uses, except Keeping of P P P P S Livestock Keeping of Micro-Livestock and Bees S S S N S Keeping of Livestock N N N N N Marijuana Cultivation, Homegrown S S S S N B. Public and Institutional Uses s Key: P = Permitted Uses, S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed. ^ Zones: NC = Neighborhood Commercial, MU = Mixed Use; OE = Office Employment; Cl = Compatible Industrial; OS = Open Space. Ordinance No. Page 11 of 24 Table 18.3.5.050 - North Mountain Neighborhood Uses Allowed by Zone3 North Mountain Neighborhood Zones4 NM-R-1-7.5 NM-R-1-5 NM-MF NM-C NM-Civic Community Services N S N S P Parks and Open Spaces P P P P P Public Parking Lots N N N CU N Religious Institution, Houses of N N N S N Worship Utility and Service Building, Public and Quasi-Public, excluding outdoor N N N S N storage and electrical substations B. Commercial Neighborhood Clinics N N N S N Neighborhood Oriented Retail Sales, N N N S N Services, and Restaurants Offices, Professional N N N S N Temporary uses N N N CU N C. Industrial Manufacturing, Light N N N S N D. Special Use Standards. The uses listed as "Permitted with Special Use Standards (S)" in Table 18.3.5.050, above, are allowed provided they conform to the requirements of this section and the requirements of chapter 18.5.2 Site Design Review. 1. Accessory Residential Units. a. Accessory residential units are not subject to the density requirements of the zone and are not included in the base density calculations. b. One accessory residential unit is allowed per lot. and the maximum number of dwelling units must not exceed two per lot. c. The proposal must comply with the lot coverage and setback requirements of the underlying zone. d. The maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 50 percent of the GHFA of the primary residence on the lot, and must not exceed 750 square feet GHFA, except that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. e. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040. 2. Agricultural Uses. In the NM-Civic zone, agriculture may include community garden space. 3. Keeping of Micro-Livestock and Bees. Subject to the standards in section 18.2.3.160. 4. Mariiuana Cultivation, Homegrown. Subject to the standards in subsection 18.2.3.190.A. 5. Community Services. Ordinance No. Page 12 of 24 a. In the NM-R-1-5 zone each building maybe upto a maximum of 2,500 square feet of gross floor area. b. In the NM-C zone, each building may be up to a maximum of 3,500 square feet of gross floor area. 6. Manufacturing, Light. a. The light manufacturing use shall occupy 600 square feet or less. b. The light manufacturing use shall be contiguous to the permitted retail outlet that operates in conjunction with and sells the manufactured items produced by the light manufacturing use. 7. Neiqhborhood Clinics. Each building may be up to a maximum of 3,500 square feet of gross floor area. 8. Neighborhood Oriented Retail Sales Services and Restaurants. Each building may be up to a maximum of 3,500 square feet of gross floor area. 9. Offices, Professional. Each building may be up to a maximum of 3,500 square feet of gross floor area. 10. Religious Institution, Houses of Worship. The same use cannot be located on a contiguous property, and there must be no more than two such uses in a given zone. 11. Utility and Service Building, Public and Quasi-Public. Each building may be up to a maximum of 3.500 square feet of gross floor area 12: Cottage Housing. Subject to the standards in section 18.2.3.090. SECTION 6. Chapter 18.3.9 [Performance Standards Option and PSO Overlay], sub-sections 18.3.9.030 [PSO-Overlay], 18.3.9.050 [Performance Standards for Residential Developments], 18.3.9.060 [Parking Standards], and 18.3.9.070 [Setbacks] of the Ashland Land Use Ordinance are hereby amended as follows: 18.3.9.030 PSO-Overlay A. Purpose. The purpose of the PSO overlay is to distinguish between those areas that have been largely developed under the subdivision code, and those areas, which, due to the undeveloped nature of the property, sloping topography, or the existence of vegetation or natural hazards, are more suitable for development under Performance Standards. B. Applicability. This chapter applies to properties located in the Performance Standards Option Overlay (PSO) as depicted on the Zoning Map. All developments in the PSO overlay, other than partitions and development of individual dwelling units, shall be processed under this chapter. The minimum number of dwelling units for a Performance Standards Subdivision within residential zoning districts is three. C. Permitted Uses. In a PSO overlay, the granting of the application shall be considered an outright permitted use, subject to review by the Planning Commission for compliance with the standards set forth in this ordinance and the guidelines adopted by the City Council. Ordinance No. Page 13 of 24 D. Development Outside PSO-overlay. If a parcel is not in a PSO overlay, then development under this chapter may only be approved if one or more of the following conditions exist. 1. The parcel is larger than two acres and is greater than 200 feet in average width. 2. That development under this chapter is necessary to protect the environment and the neighborhood from degradation which would occur from development to the maximum density allowed under subdivision standards, or would be equal in its aesthetic and environmental impact. 3. The property is zoned R-2, R-3 or CM. 4. The property is developed as a cottage housing development consistent with the standards in section 18.2.3.090 18.3.9.040 [unchanged] 18.3.9.050 Performance Standards for Residential Developments A. Base Densities. The density of the development shall not exceed the density established by this section. The density shall be computed by dividing the total number of dwelling units by the acreage of the project, including land dedicated to the public. Fractional portions of the final answer.. after bonus point calculations, shall not apply towards the total density. 1. The base density, for purposes of determining density bonuses allowed under this section, for developments other than cottage housing, is as provided in Table 18.3.9.050. Table 18.3.9.050.A.1. Base Densities for Determining Allowable Density Bonus with Performance Standards Option zone Allowable Density (dwelling units per acre) WR-2 ! 0.30 du/acre WR-2.5 0.24 du/acre WR-5 0.12 du/acre WR-10 0.06 du/acre WR-20 0.03 du/acre RR-1 0.60 du/acre RR-.5 1.2 du/acre " R-1-10 2.40 du/acre R-1-7.5 3.60 du/acre R-1-5 4.50 du/acre R-1-3.5 7.2 du/acre R-2 13.5 du/acre R-3 20 du/acre Ordinance No. Page 14 of 24 2. The base density for cottage housing developments, for purposes of determining density bonuses, allowed under this section is as provided in Table 18.3.9.050.A.2 Table 18.3.9.050.A.2 Base Densities for Determining Allowable Density Bonus with Performance Standards O tion Minimum Maximum Minimum lot number of number of size Maximum Maximum cottages per cottages per (accommodates Zones Cottage Floor Area Density cottage cottage minimum Ratio (FAR) housing housing number of develo ment develo ment cottages 1 cottage dwelling unit NN-1-5 per 2,500 3 12 7,500 sq.ft. 0.35 NM-R-5 square feet of lot area 1 cottage R-1-7.5 dwelling unit NM-R-1-7.5 per 3,750 3 12 11,250 sq.ft. 0.35 square feet of lot area 3. Open Space Required. All developments with a base density of ten units or greater shall be required to provide a minimum of five percent of the total lot area in Open Space: that area is not subject to bonus point calculations, however, density bonuses shall be awarded to open space areas in excess of the five percent required by this subsection. B. Density Bonus Point Calculations. The permitted base density shall be increased by the percentage gained through bonus points. In no case shall the density exceed that allowed under the Comprehensive Plan. The maximum density bonus permitted shall be 60 percent (base density x 1.6), pursuant to the following criteria. 1. Conservation Housing. A maximum 15 percent bonus is allowed. One-hundred percent of the homes or residential units approved for development, after bonus point calculations, shall meet the minimum requirements for certification as a Earth Advantage home, as approved by the Ashland Conservation Division under the City' s Earth Advantage program as adopted by resolution 2006-06. 2. Provision of Common Open Space. A maximum ten percent bonus is allowed, pursuant to the following. a. Purpose. Common open spaces may be provided in the form of natural areas, wetlands, playgrounds, active or passive recreational areas, and similar areas in common ownership. All areas set aside for common open space may be counted for base density, unless otherwise excluded by subsection 18.3.9.050.A.2. However, for the purposes of awarding density bonus points, the Planning Commission shall consider whether or not the common open space is a significant amenity to project residents, and whether project residents will realistically interact with the open space on a day-to-day basis. The purpose of the density bonus for common open space is to permit areas, which could otherwise be developed, or sold as individual lots, to be Ordinance No. Page 15 of 24 I retained in their natural state or to be developed as a recreational amenity. It is not the purpose of this provision to permit density bonuses for incidental open spaces that have no realistic use by project residents on a day-to-day basis. Open space provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, is not eligible for density bonus points. b. Standard. Developments with fewer than ten units that provide more than two percent of the project area for common open space, or for developments of ten units or greater that provide more than five percent open space, a one percent bonus shall be awarded for each one percent of the total project area in common open space. 3. Provision of Malor Recreational Facilities. A maximum ten percent bonus is allowed, pursuant to the following. a. Purpose. Points may be awarded for the provision of major recreational facilities such as tennis courts, swimming pools, playgrounds, or similar facilities. b. Standard. For each percent of total project cost devoted to recreational facilities. a six percent density bonus may be awarded up to a maximum of ten percent bonus. Total project cost shall be defined as the estimated sale price or value of each residential unit times the total number of units in the project. Estimated value shall include the total market value for the structure and land. A qualified architect or engineer shall prepare the cost of the recreational facility using current costs of recreational facilities. c. Maior recreational facilities provided in cottage housing developments, meeting the standards of section 18.2.3.090 Cottage Housing, are not eligible for density bonus points. 4. Affordable Housing. A maximum bonus of 35 percent is allowed. Developments shall receive a density bonus of two units for each affordable housing unit provided. Affordable housing bonus shall be for residential units that are guaranteed affordable in accordance with the standards of section 18.2.5.050 Affordable Housing Standards. 18.3.9.060 Parking Standards All development under this chapter shall conform to the following parking standards, which are in addition to the requirements of chapter 18.4.3 Parking, Access, and Circulation. A. On-Street Parking Required. At least one on-street parking space per dwelling unit shall be provided, in addition to the off-street parking requirements for all developments in an R-1 zone, with the exception of cottage housing developments, and for all developments in R-2 and R-3 zones that create or improve public streets. 8. On-Street Parking Standards. On-street parking spaces shall be immediately adjacent to the public right-of-way on publicly or association-owned land and be directly accessible from public right-of-way streets. On-street parking spaces shall be located within 200 feet of the dwelling that it is intended to serve. In addition, on-street public parking may be provided pursuant to minimum criteria established under subsection 18.4.3.060.A. C. Signing of Streets. The installation of "No Parking" signs regulating parking in the public right-of-way and any other signs related to the regulation of on-street parking shall be Ordinance No. Page 16 of 24 consistent with the Street Standards in 18.4.6.030, and shall be consistent with the respective City planning approval. 18.3.9.070 Setbacks All development under this chapter shall conform to the following setback standards, which are in addition to the requirements of the applicable zone. A. Front Yard Setback. Front yard setbacks shall follow the requirements of the underlying district. B. Building Separation. The minimum separation between two buildings must be half of the height of the tallest building, where building height is measured at the two closest exterior walls, and the maximum required separation is 12 feet. See Figure 18.3.9.070.B. For cottage housing developments, the minimum separation between two buildings shall be reduced to six feet in accordance with section 18.2.3.090. See also. definitions of height of building or structure..-,, and grade or ground level in part 18.6. This standard does not apply to non-residential zoning districts including C-1, C-1-D. E-1. CM, and M-1. m ~ m m h n h2 Note: Maximum required building separation is 12 feet. Figure 18.3.9.070.B Building Separation C. Solar Setback. Solar setbacks shall meet the requirements of 18.4.8. D. Perimeter Setback. Setbacks along the perimeter of the development shall have the same setbacks as required in the parent zone. E. Building Envelope for Single-Family Structure. Any single-family structure not shown on the plan must meet the setback requirements established in the building envelope on the Outline Plan. SECTION 7. Chapter 18.4.3 [Parking, Access and Circulation] of the Ashland Land Use Ordinance, Table 18.43.040 [Parking Ratios; Automobile Parking Spaces by Use] is hereby amended as follows: 18.4.3.040 Parking Ratios Except as provided by section 18.4.3.030, the standard ratios required for automobile parking are as follows. See also, accessible parking space requirements in section 18.4.3.050. Ordinance No. Page 17 of 24 Table 18.4.3.040 - Automobile Parking Spaces by Use Use Categories Minimum Parking per Land Use (Based on Gross Floor Area; fractions are rounded to whole number.) Residential Categories 2 spaces for the primary dwelling unit and the following for accessory residential units. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. Single Family Dwelling b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. c. 2-bedroom units --1.75 spaces/unit. d. 3-bedroom or greater units 2.00 spaces/unit. a. Studio units or 1-bedroom units less than 500 sq. ft. 1 space/unit. b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit. c. 2-bedroom units 1.75 spaces/unit. Multifamily d. 3-bedroom or greater units 2.00 spaces/unit. e. Retirement complexes for seniors 55-years or greater One space per unit. a. Units less than 800 sq. ft. 1 space/unit. b. Units greater than 800 square feet and less than 1000 square feet 1.5 spaces/unit. Cottage Housing c. Units greater than 1000 square feet 2.00 spaces/unit. d. Retirement complexes for seniors 55-years or greater One space per unit. Parking for Manufactured Home on Single-Family Lot is same as Single Manufactured Housing Family Dwelling; for Manufactured Housing Developments, see sections 18.2.3.170 and 18.2.3.180. Performance Standards See chapter 18.3.9. Developments SECTION 8. Chapter 18.4.8 [Solar Access], sub-sections 18.4.8.020 [Applicability] and 18.4.8.030 [Solar Setbacks], of the Ashland Land Use Ordinance, are hereby amended as follows 18.4.8.020 Applicability A. Lot Classifications. All lots shall meet the provisions of this section and will be classified according to the following formulas and table. 1. Standard A Lots. Lots with a north-south lot dimension exceeding that calculated by Formula I and zoned for residential uses shall be required to meet setback standard A in 18.4.8.030.A. See definition of north-south lot dimension in part 18.6. Ordinance No. Page 18 of 24 II~ Minimum N/S lot dimension for Formula 1 = 30' 0.445+S Where: S is the decimal value of slope, as defined in part 18.6. 2. Standard B Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula I but greater than that calculated by Formula 11, any lot zoned C-1, E-1, or M-1 and not exempt by 18.4.8.020.13, or an lot not abutting a residential zone to the north, shall be required to meet setback standard B in 18.4.8.030.B. See definition of north-south lot dimension in part 18.6. Minimum N/S lot dimension for Formula II = 10' 0.445+S 3. Standard C Lots. Those lots with a north-south lot dimension that is less than that calculated by Formula II shall be required to meet setback standard C in 18.4.8.030.C. See definition of north-south lot dimension in part 18.6. Table 18.4.8.020.A: Lot Classification Standards Slope -.30 -.25 20 -.15 10 -.05 1 0.0 .05 .10 .15 .20 STD A 207 154 122 102 87 76 67 61 55 50 46 STD B ( 69 51 41 1 3 29 25 22 20 18 17 15 B. Exemptions. 1. Architectural Projections. Rooftop architectural features a maximum of four feet in width, such as chimneys and vent pipes, and light poles and flag poles shall be exempt from the setback standards in section 18.4.8.030. 2. Steep Slopes. Any lot with a slope of greater than 30 percent in a northerly direction, as defined by this ordinance, shall be exempt from the setback standards in section 18.4.8.030. 3. Zones. Any lot in the C-1-D, CM, and NM-C zones, and properties in the C-1 zone not abutting a residential zone, shall be exempt from the setback standards in section 18.4.8.030. 4. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the northern lot line at noon on December 21, that is greater than the shadow allowed by the requirements of this section, a structure on that lot may cast a shadow at noon on December 21, that is not higher or wider at the northern lot line than the shadow cast by the existing structure or topographical feature. This exemption does not apply to shade caused by vegetation. a. Actual Shadow Height. If the applicant demonstrates that the actual shadow that would be cast by the proposed structure at noon on December 21 is no higher than that allowed for that lot by the provisions of this section, the structure shall be Ordinance No. Page 19 of 24 approved. Refer to Table 18.4.8.020.B.4.a, below, for actual shadow lengths. Table 18.4.8.020.B.4.a: Actual Shadow Length (at solar noon on December 21st) Height in feet Slope _0.30 5 -0.20 0.15 -0.10 -0.05 0.00 0.05 0.10 1 0.15 8 55 41 ~33 27 23 20 18 16 15 13 10 69 51 41 34 J 29 25 22 20 18 17 12 83 61 49 1 41 35 30 27 24 j 22 20 14 96 72 57 47 41 35 _ 31___- 128 26 24 - 16 110 82 65 54 46 40 36 32 29 27 18 124 92 73 61 52 46 1 40 36 L 33 30 - - 0 - 20 138 102 82 68 58 51 45 40 37 34 t 22 151 ; 113 90 75 64 56 49 44 40 37 24 " 165 123 98 81 -70 ~ 61 54 48 44 40 26 * 179 133 106 88 75 66 58 53 48 44 28 ' 193 143 114 95 81 71 63 57 51 47 - - - - - - 30 " 207 154 122 102 87 76 67 61 55 50 1 32 " 220 164 130 108 93 ~81 72 65 59 54 87 86 76 ~ 69 62 57 34 234 174 139 115 98-7-2-6--- 36 * 248 184 147 122 104 91 81 73 66 60 38 262 195 X155129 X110 96 85 77 70 64 40 * 275 205 163 135 116 101 90 81 73 67 5. Structures within Cottage Housing Developments meeting the standards in 18.2.3.090, that cast their shadows entirely within the parent parcel of the Cottage Housing Development, shall be exempt from the setback standards in 18.4.8.030 provided they do not cast a shadow upon the roof of a dwelling within the cottage housing development. C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from Ordinance No. Page 20 of 24 the waiver, iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e.. passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. 18.4.8.030 Solar Setbacks A. Setback Standard A. This setback is designed to ensure that shadows are no greater than six feet at the north property line. Buildings on lots which are classified as standard A, pursuant to 18.4.8.020.A.1, shall be set back from the northern lot line according to the following formula. SSB = H - 6' 0.445+S Where: SSB = the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back from the northern property line. See definition of northern property line in part 18.6. H = the height in feet of the highest shade producing point of the structure which casts the longest shadow beyond the northern property line. See definition of highest shade producing point in part 18.6. S = the slope of the lot. as defined in this chapter. Table 18.4.8.030.A: Setback Standard "A" Slope Height in feet -0.115- -0.30 -0.25 0.20 -0.10 -0.05 -0.00 0.05 0.10 0.15 8* 14 10 8 7 6 5 4 4 4 3 10 28 20 6-16 4-14 2-12 010 9 8 7 7 12 41 31 24 20 17 15 13 2412 11 10 14 55 41 33 27 23 20 18 16 15 13 16 * 69 51 41 34 29 - 25 4 22 20 18 17 18 * 83 61 _ 49 41 35 30 27 24 22 20 - - - - 20 * 96 72 57 ~47 41 35 31 28 26 24 22 * 110 82 65 54 46 40 36 32 29 27 - - 24 * 124 92- 173 61 52 46 -40 -36----- 33 30 - 1-- - - 26 * 138 102 - .82 68 58 51 45 40 37 34 - - 28 * 151 113 90 75 64 56 49 44 40 37 30 * 165 123 98 81 70 61 54 48 44 40 Ordinance No. Page 21 of 24 Table 18.4.8.030.A: Setback Standard "A" Height in feet Slope -0.30 -0.25 -0.20 _0.15 -0.10 -0.05 -0.00 0.05 0.10 0.15 88 75 66 58 53 48 44 32 * 179 133 106 34 * 193 143 114 95 81 71 63 57 51 47 36 * 207 154 122 102 87 1 76 67 61 55 50 38 * 220 164 130 108 3 81 72 65 59 54 40 * 234 ~ 174 139 115 98 86 _1_76__ 69 162 57 B. Setback Standard B. This setback is designed to ensure that shadows are no greater than 16 feet at the north property line. Buildings for lots which are classified as standard B, pursuant to 18.4.8.020.A.2, shall be set back from the northern lot line as set forth in the following formula. SSB= H-16' 0.445+S Table 18.4.8.030.B: Setback Standard "B" _ Height in feet Slope _ _0.30 -0.25 -0.20 -0.15 ! -0.10 -0.05 0.00 10.05 1 0 10 15_ 8* 0 0 0 0 0 0 0 0 0 0 10 * 0~ 0 0 0 0-~0 0 0, 0 0 12 * 0 0 0 0 0 0 0 0 0 - - 14 * 0 0 0 0 T 0 0 0 0 ; 0 16 * 0 0 0 0 0 0 0 0 0 0~ _j 1 18 * 14 10 8 7 8 15 4 4 4 3 _ _ - 20 * 28 20 16 14 I, 12 10 9 8 7 7 22* 41 31 24 -120 17 X15 13 J12 11 1,10_ 24 * 55 j 41 _ 33 27 23 20 18_ 16 15 13 26 * 69 51 54 34 29 25 22 20 18 17 28 * 83 61 - 49 41 35 --±30 27 24 22 20 30 * 96 72 57 47 41 35 31 28 26 24 32 * 110 82 65 54 46 40 36 35 29 27 34 * 124 9_2_ 73 61 52 46 40 36 33 30 - 36 * 138 7 102 82 68 58 51 45 40 37 ! 34 38 151 11-3 90 75 64 56 4944 40 37 40 * 165 123 r 98 81 70 61 54 48 44 40 C. Setback Standard C. This setback is designed to ensure that shadows are no greater than 21 feet at the north property line. Buildings on lots which are classified as standard C, pursuant to 18.4.8.020.A.3, shall be set back from the northern lot line according to the following formula. SSB = H - 21' 0.445+S Table 18.4.8.030.C: Setback Standard "C" Height in feet Slope _ _ -0.30 j 0.25 -0_2o Y 0.15 0 10-0.05 1 0 8 .00 0.05 0 10 0 15 * 0 0 0 0 0 10 0 0 0 0 Ordinance No. Page 22 of 24 Table 18.4.8.030.C: Setback Standard "C" Height in feet Slope 0.30 -0.25 j-00.20 -0.15 -0.10 -0.05 0.00 L 0.05 0.10 0.15 0 0 ~0 0 0 0 0 10 0 0 0 12 0 0 0 0 - 0-- 0 0 0 i 0 ~0 14 * 0 0 0 0 0 ~0 0_ 0 0_ 0 - - - 16 * 0 0 0 i 0 0 0 0 0 0 18 * 0 0 0 0 0 0 I - - - - 20 0 10 0 0 0 0 - 0 0 0 0 - 22 7 5 4 3 3 3 ~2 2 2 2 - - - 24 * 21 15 12 10 9 8 7 6 6 6 - - - - - 26 * 34 26 20 17 14 13 11 10 9 8 28 * 48 36 29 24 20 18 16 i14 13 12 i 15 _ I 30 62 46 37 130 26 23 20 ~ 18 17 1 32 * 76 56 45 37 32 28 25 22 20 18 34 * 90 67 1_53 53 i"44 38 33 4 29 26 24 22 36 * 103 77 [61 51 ! 43 38 34 30 28 25 34 31 29 38 * 117 87 69 58 49 43 38 - 40 * 131 97, - 77 64 55 48 43 38, 35 32 SECTION 9. Chapter 18.5.2 [Site Design Review], sub-section 18.5.2.050.E [Approval Criteria; Exceptions to the Site Development and Design Standards], of the Ashland Land Use Ordinance, is hereby amended as follows: 18.5.2.050. E E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1,2, or 3, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. 3. There is no demonstrable difficult in meeting the specific requirements for a cottage housing development, but granting the exception will result in a design that equally or better achieves the stated purpose of 18.2.3.090. SECTION 10. Savinffs. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances(s) or portions thereof were operative. This section simply clarifies the existing Ordinance No. Page 23 of 24 situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 11. 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 12. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 10-12) 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 7th day of November, 2017, and duly PASSED and ADOPTED this 2155 day of November, 2017. Melissa Huhtala, City Recorder SIGNED and APPROVED this _ day of , 2017. John Stromberg, Mayor Reviewed as to form: I David H. Lohman, City Attorney Ordinance No. Page 24 of 24 I 133 SW 2`d Avenue, Su._e 201 • Portland, OR 97204 • (503) 497-1000 •4'. (503) 223-0073 • www.friends.org 1000 Southern Oregon Office • PO Box 2442 • Grants Pass, OR 97528 • (541) 474-1155 • fax (541) 474-9389 friends of Oregon Willamette Valley Office • PO Box 51252 • Eugene OR 97405 • (541) 520-3763 Central Oregon Office • 155 NW Irving Ave • Bend OR 97703 • (541) 797-6761 November 7, 2017 Ashland City Council 20 E Main Street Ashland Oregon 97520 Re: PL-2017-01421- establishing a new zone for cottage housing 1000 Friends of Oregon supports Ashland's adoption of a cottage-housing ordinance. Approximately 2/3 of all households in most communities across the state and nation consist of 1-2 persons, at various stages of their lives. This type of housing provides an affordable and safe housing choice for many Oregonians. Oregon's land use planning program, Goal 10, requires every city to provide land zoned to "encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density." Cottage housing developments offer that diversity of housing type and density. However, we encourage the city to monitor whether its code as written is used by builders. In particular, the code should not make it more difficult to build cottage housing than to build less dense or diverse housing types. So, for example, requirements such as solar access, site design standards, building separations, and others should apply to all housing allowed in the zone, and not just to cottages. We also encourage cities to allow more cottages in exchange for smaller sizes of each individual cottage. I summary, we support the adoption of the code, but ask that the city re-evaluate in six months and one year whether it is being used and, if not, make adjustments to the code. r Thank you. I+~ jjYVV// r I~ Mary Kyle McCurdy Deputy Director Brandon Goldman From: Barbara Allen <barbaraallenashland@gmail.com> Sent: Tuesday, November 07, 2017 1:30 PM To: Brandon Goldman Subject: Fwd: cottage housing Dear City Council Members, Thank you for tackling the housing issue directly. I feel that the need for housing is critical and the opportunity to keep families and low income people living in Ashland is very important. Having all ages in Ashland supports a vibrant and healthy environment for all of us. None of us want urban sprawl but the need for more affordable housing is critical. The cottage housing initiative is a good start and offers infill which has already been happening all over Ashland. People have been converting garages, rooms/apartments in their homes for years and it has enabled low income people to live/walk/work in town. It also offers income to those homeowners allowing them to stay in their homes longer. As the cost of land is in short supply and so expensive, using the land that is already available is one viable option. Thanks for all your efforts and your public service! Sincerely, Barbara Allen a E E k i FE 2 z u t 4 4 1 z~ R FCEIVED Brent Thompson P.O. Box 201 Gity OT A l nd Ashland, OR 97520 6 November 2017 Ashland City Council 20 East Main St Ashland OR 97520 Re: Planing Action 2017-01421 Cottage Housing Dear Mayor and Council, support the adoption of the Cottage Housing Ordinance with the following considerations; When the Planning Commission deliberated 26 or 27 years ago on the Accessory Dwelling Ordinance which are now called Accessory. Residential Units, a debate occurred regafding maximum size of the ARU's. Because maximum affordability seemed an important goal, some of us wanted the maximum size to be 800 square feet. Those preferring a 1000 sq ft maximum for ADU's prevailed in the split vote. r All these years later with the current proposal, the size versus affordability issue is still relevant. I would favor the Council passing the proposal with the following modifications. Instead of a maximum size of a cottage being-I000 square feet, I believe the size maximum of 900 feet meets the City's needs more. I favor the reduction of the 75% requirement from 800 square feet to 700 square feet. I favor this reduction because from renting out houses and apartments I find a great need/ market for units of 400 sq ft to 700 square feet. Also, the probabilities of occupants of a 700 sq ft space needing more than 1 parking space diminishes from what it would be if the 800 square foot standard remains. Although many land use decisions would be easier if we could ignore parking, the reality is that we cannot. But again I favor the passage of the changes, but with reducing the sizes. And besides this addition to the Code we still need to look at modifying the ARU ordinance or ADU ordinance to allow two units instead of one if the total size is no greater than something like 760 to 800 square feet. Thank you. B st Regards a~~mydd~ Brent Thompson Brandon Goldman From: ian wessler <idw@opendoor.com> Sent: Monday, November 06, 2017 8:37 PM To: Brandon Goldman Subject: Cottage Housing To Brandon Goldman, I had attempted to send this comment thru the Ashland City web page. I want to support the Cottage Housing ordinance. Yes, I am planning to convert a studio on my property to a dwelling unit. So, to be honest, I am financially invested in the outcome. High quality infill oriented around an open space with off-street parking is exactly what I support. The rental terms and ownership are of course a major area of discussion. I am hoping you allow weekly or monthly rental arrangements as well as long-term rental for the units. Ownership and full-time occupancy should be required of one unit or the 'Existing House' in order for this situation not to become another investment for owners of multiple properties, hotels, and B&B businesses. We are wanting to live in quality homes and neighborhoods that provide housing for a wide variety of people. I intend to continue living in my home, the `Existing House', and continue with my efforts to create a supportive community. I have found that I enjoy my close neighbors, the ones I talk with as I get in my car, who share garden produce, ask about trees and h-rigation, and who I hear entertaining friends. Cottage Housing can expand and enhance single family residential areas. My neighborhood has suffered from owners leaving the area and turning their property into a `rental', Perhaps more home owners would stay if they had options to live in their'existing house' while renting out additional dwelling units or developing a housing group. Thank you very much for moving towards this more innovative housing type. Sincerely, Ian Wessler 1 ASHLAND PLANNING DIVISION STAFF REPORT September 26, 2017 PLANNING ACTION: #2017-01421 APPLICANT: City of Ashland ORDINANCE REFERENCES: AMC 18.2.2 Base Zones and Allowed Uses AMC 18.2.3 Special Use Standards AMC 18.2.5 Unified Standards for Residential Zones AMC 18.3.4 Normal Neighborhood District AMC 18.3.5 North Mountain Neighborhood District AMC 18.3.9 Performance Standards Option and PSO Overlay AMC 18.4.3 Parking, Access, and Circulation AMC 18.4.8 Solar Access AMC 18.5.2 Site Design Review REQUEST: Amendments to Ashland's Municipal Code establishing a "Cottage Housing" as a new type of housing, allowed within specific residential zoning districts and subject to explicit standards. 1. Relevant Facts A. Background The Planning Commission held a public hearing in July 2014 and recommended approval of an ordinance replacing Title 18 Land Use of the Ashland Municipal Code (AMC) with a reformatted and amended land use ordinance. This ordinance included a section on Cottage Housing Developments. Upon adopting the Title 18, the City Council removed the proposed cottage housing provisions, and directed this section to be returned to the Planning Commission for further review. Over the past several years the Planning Commission held numerous study sessions meetings to refine the draft cottage housing ordinance. The proposed ordinance was presented to the City Council at a study session on September 19, 2017. B. Policies, Plans and Goals Supported: The general objectives of the Cottage Housing Standards will be to provide alternative types of housing for small households; provide high quality infill development which maintains traditional cottage amenities and proportions; contribute to neighborhood character; efficiently use residential land supply; and meet regional plan commitments through consideration of innovative land use strategies to accommodate future population growth. Planning Action PA #2017-01421 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 1 of 5 The City Council's Ashland 2020 goals and objectives that relate to the development of a cottage housing ordinance include. • Support and promote, through policy, programs that make the City affordable to live in. Pursue affordable housing opportunities, especially workforce housing. Identify specific incentives for developers to build more affordable housing. (high priority for 2015-2017) • Support land-use plans and policies that encourage family-friendly neighborhoods. Draft pocket neighborhood code that allows for the construction of small scale, cottage housing projects. The Regional Plan Element of the Ashland Comprehensive Plan adopted in 2012 incorporates applicable portions of the adopted the Greater Bear Creek Valley Regional Plan. As a part of the regional planning process, six of the seven communities identified areas outside their respective urban growth boundaries (UGB) for future growth. However, the City of Ashland did not identify UGB expansion areas and committed to evaluating innovative land use strategies to accommodate future residential and employment growth within the City's existing boundaries. The Ashland Comprehensive Plan includes the following performance indicators in the Regional Plan Element. • Reach density of 6.6 dwelling units per acre for land in the UGB that is annexed or offset by increasing the residential density in the city limits. • Achieve targets for dwelling units and employment in mixed-use/pedestrian- friendly areas. • Participate in a regional housing strategy that strongly encourages a range of housing types. Other related goals and policies in the Ashland Comprehensive Plan include the following. • Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. (Housing Element) • Encourage the development of private common open space area in new residential developments to offset the demand for additional public parks. (Parks, Open Space, and Aesthetics Element) • Maintain and improve Ashland's compact urban form to allow maximum pedestrian and bicycle travel. (Transportation Element) C. Ordinance Amendments The proposed Land Use Code amendments address the approval process and set forth minimum requirements for the development of cottage housing in particular residential zoning districts (R-1-5, R-1-7.5, NN-1-5, NM-R-1-5, NM-R-1- 7.5). Establishment of a cottage housing development would be subject to city procedures for a Performance Standards Subdivision under Chapter 18.3.9 and Site Design Review under Chapter 18.5.2. Public notice would be sent to property owners within 200-feet of the site, making neighbors aware of the land Planning Action PA #2017-01421 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 2 of 5 use request. The application would be processed as a Type II Planning Action with decision by the Planning Commission and appealable to the City Council. The general objectives of the Cottage Housing Standards provide for an alternative types of housing for small households; provide high quality infill development which maintains traditional cottage amenities and proportions; contribute to neighborhood character; efficiently use residential land supply; and meet regional plan commitments through consideration of innovative land use strategies to accommodate future population growth. Following is a summary of key special use standards that will be applied to cottage housing developments: • A minimum of 3 cottage housing units and a maximum of 12. • Cottages shall be no larger than 1000sq.ft. and at least 75% of the cottages shall be less than 800sq.ft. • A floor area ratio (FAR) of 0.35 is required for the entire development, with exemptions for common buildings and pre-existing non-conforming structures, to ensure the total volume of buildings on site are comparable to that of average single family home developments. • A maximum building height of 18' with a ridgeline no greater than 25' above grade. • Lot coverage remains consistent with the underlying zone, however the ordinance includes an allowance for an additional 10% of lot coverage for the use of pervious materials. • Setbacks have been reduced to 6 ft. between buildings, with the exception that setbacks along the perimeter of the development must meet the existing requirements of the zone. • There is a 20% common open space requirement. The open space may be divided into multiple open spaces provided they are interconnected and accessible to all residents of the development. • Cottage Housing Development are subject to the existing Site Design Standards which will provide for orientation toward the street and pedestrian connections to the neighborhood. • Solar access requirements are amended for cottage housing developments to stipulate that shadows cast from structures within the development may not cast shadows upon the roof of another cottage. • Cottage housing development parking standards are as follows: o Units less than 800 sq. ft. - 1 space/unit. o Units greater than 800 square feet and less than 1000 square feet - 1.5 spaces/unit. o Units greater than 1000 square feet - 2.00 spaces/unit. o Retirement complexes for seniors 55-years or greater - One space per unit. • Cottage Housing Development would be permitted on R-1-5, R-1-7.5, NN-1-5. NM-R-1-5 and NM-R-1-7.5 zoned properties. Planning Action PA #2017-01421 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 3 of 5 Changes to the draft ordinance following the July 251h Planning Commission Meeting Staff has made the following amendments to the draft ordinance for the Commission's consideration- • The cottage housing development parking standard has been incorporated into Chapter 18.4.3, Parking, Access and Circulation, as previously discussed by Commission. • The maximum floor area standard (18.2.3.090.C.2) that 75% of the cottages shall be less than 800 square feet has been amended to recognize that this percentage applies to developments of four units or greater. The amended standard clarifies that within cottage housing developments of only three units that at least two of the three shall be less than 800 sq.ft. with no cottage exceeding 1000 sq.ft. • The allowed uses table within the North Mountain Neighborhood District's NM-R-1-5 and NM-R-1-7.5 zoning designations has been amended to newly include cottage housing as a special permitted residential use when approved in accordance is the standards in 18.2.3.090. • The section or the proposed ordinance relating to non-conforming dwelling units, 18.2.3.090 C.6, has been amended to clarify that the habitable floor area of an existing single family residential structure in excess of 1000 sq.ft., would not contribute to the maximum floor area permitted per 18.2.3.090 C.2.a, and thus not be calculated as contributing the floor area ratio. • Conceptual site plans for a four unit development and a 12 unit development scenarios have been included in the draft ordinance to illustrate key concepts relating to cottage housing developments. II. Procedural 18.5.9.020 Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows: B. Type 111. 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 Action PA #2017-01421 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 4 of 5 planning actions shall be subject to the Type III procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type II procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. III. Conclusions and Recommendations If the Commission recommends approval of the attached ordinance amendments, staff will prepare a formal recommendation to the Council for the Commission's review on October 17, 2017. The public hearing and First Reading of the proposed ordinance is scheduled at the Council on November 7, 2017. Attachments: Draft Ordinance dated 9/26/2017 Planning Action PA #2017-01421 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 5 of 5