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HomeMy WebLinkAbout2009-01-27 Planning PACKETNote: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION STUDY SESSION JANUARY 27, 2009 AGENDA 7:00 PM – 9:00 PM I. CALL TO ORDER: 7:00 PM, Civic Center, 1175 E. Main Street II. ANNOUCEMENTS III. DISCUSSION ITEMS A. Possible changes to Sign Code based on the Downtown Task Force Recommendations B. Planning Commission Sustainability Work Group IV. UPDATES A. Croman Mill Site Redevelopment Plan – Status Report (time permitting) V. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). CITY OF ASHLAND Planning Commission Communication Date: December 18th, 2008 Re: Sign Code Amendments Study Session / Submitted By: Bill Molnar, Community Development Director Brandon Goldman, Senior Planner Adam Hanks, Permit Center Manager Summary The city sign code is an extremely successful tool that has had a tremendous influence upon the transformation of Ashland's downtown into a community focal point, revered throughout the State and beyond. The existing sign code is a classic product fashioned by a community well- known for its dedicated and farsighted citizenry. The changes currently proposed aim to provide new opportunities for adequate signage for business identification, non-commercial speech, and dissemination of public information while preventing visual clutter, protecting scenic views, and preserving Ashland's unique character. The Planning Commission is being presented with draft ordinance amendments to the Sign Code at this study session for discussion and comment. A public hearing to address final amendments proposed will subsequently be scheduled, at which time the Planning Commission will make formal recommendations to the City Council for consideration. Background In July of 2008 the Mayor appointed members to an ad-hoc Downtown Task Force to evaluate concerns relating to signage limitations and enforcement, downtown employee parking, and the use of public right-of-way for commercial use. Members of the Task Force included representative downtown merchants, members of the Planning and Public Arts Commission, Chamber of Commerce representatives, as well as citizens at large to review and make recommendations directed to address several concerns affecting downtown merchants. The Task force met throughout July and August to evaluate options for various remedies and ordinance changes to address the items identified. Public testimony was taken at each meeting to provide the Task Force with input from merchants who were specifically impacted by current compliance activities being conducted by the Community Development Department. Issues relating to downtown employee parking have already been addressed by the City Council through elimination of the downtown employee parking ban. The issues relating to the of use of public property, such as commercial use of sidewalks along a business frontage, will be addressed outside of the Ashland Land Use Ordinance through modifications to other chapters of the Ashland Municipal code including Chapter 6, Business Licenses and Regulations, and Chapter 13, regulating the use of the Public Rights of Way. The potential changes to the Sign Code, as attached ,have been largely based on the discussion by the Task Force, consideration of enforcement, and an effort to add clarification to the existing code. Community Development 20 E, Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5305 Fax: 541/488-6006 TTY: 800/735-2900 r., The following issues outline the areas of modification to the Sign Code currently presented: · Modifies the ordinance to refine or add various definitions to add clarity to the applicability of the ordinance · Modifies the existing limitation on exempt signs (no permit required) in the downtown from 2 signs of two square feet, to up to 3 signs with an aggregate area of not more than 7 sq.ft. Essentially this modification provides for an additional 3 sq.ft. exempt sign. · Modifies the ordinance to allow a downtown business to install one three dimensional sign not to exceed 3 cU.ft. · Modifies the ordinance to allow a business outside of the downtown to install one three dimensional sign not to exceed 20 cU.ft. · Modifies the ordinance to include material limitations for three-dimentional signs. · Modifies the ordinance to define and increase the size allowable for temporary construction signs to better correlate to standardized sizes for such signs. · Modifies the ordinance to enable the installation of collective identification and informational signs on public right-o-ways, or City owned property, to better direct pedestrians to civic, business, recreation, and historic interest areas when installed by the City under the exempt sign category. · Modifies the ordinance to prohibit vehicle signs used as static displays when parked for an extended duration. · Modifies the ordinance to allow additional business frontages to be counted when fronting on more than two separate streets. This provision would then allow additional area of signage to increase from 60sq.ft maximum for one or two frontages, to a 90sq.ft. maximum for properties with three or four frontages when the businesses have a prominent entry open to pedestrians on those additional frontages. · Modifies the ordinance to establish allowances for sandwich boards, lA' frame and pedestal signs when located on private property and when within the square footage limit permissible for incidental exempt signs. Full copies of the proposed Sign Ordinance Changes are attached Deletions are indicated with a ctrikethrough Additions are in bold and underlined Community Development 20 E. Main Street Ashland OR 97520 www.ashland.or.us Tel: 541/488-5305 Fax: 541/488-6006 TTY: 800/735-2900 ,., SECTIONS: 18.96.010 18.96.020 18.96.030 18.96.040 18.96.050 18.96.060 18.96.070 18.96.080 18.96.090 18.96.100 18.96.110 18.96.120 18.96.130 18.96.140 18.96.150 18.96.160 CITY Of ASHLAND LAND USE CODE CHAPTER 18.96 SIGN REGULATIONS Purpose. Definitions Relating to Signs. Exempted Signs. Prohibited Signs. Sign Permits. General Sign Regulations. Residential and North Mountain Sign Regulations. Commercial-Downtown Overlay District (C-1-D). Commercial, Industrial and Employment Districts. Freeway Sign Zone. Abatement of Nuisance Signs. Construction and Maintenance Standards. Nonconforming Signs. Enforcement. Governmental Signs. Historic Signs. SECTION 18.96.010 Purpose. This Chapter shall hereafter be known and designated as the "Sign Ordinance of the City of Ashland", and is adopted in recognition of the important function of signs and the need to safeguard and enhance the economic and aesthetic values in the City of Ashland through regulation of such factors as size, number, location, illumination, construction, and maintenance of signs; and thereby safeguard public health, safety and general welfare. SECTION 18.96.020 Definitions Relating to Signs. 1. Alteration Any change excluding content, and including but not limited to the size, shape, method of illumination, position, location, materials, construction, or supporting structure of a sign. 2. Area The area included within the outer dimensions of a sign. The entire area within a perimeter defined by a continuous line composed of riaht anales which enclose the extreme limits of letterina. loao. trademark. or other araphic representation. toaether with any frame or structural trim formina an intearal part of the displav used to differentiate the sian from the backaround aaainst which it is placed. In the case of a multi-faced sign, the area of each face shall be included in determining sign area, excepting double-faced signs placed no more than 24 inches back-to-back. 3. Awning A temporary or movable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. 4. Buildinq Face of Wall All window and wall area of a building in one plane or elevation. Page 1 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE 5. Bulletin Board or Reader Board A sign of a permanent nature, but which accommodates changeable copy. 6. Business A commercial or industrial enterprise. 7. Business Frontaqe A lineal front footage of a building or portion thereof devoted to a specific business or enterprise, and having afl pedestrian entrance/exit open to the general public durinQ all business hours. 8. Business Premises A parcel of property or that portion thereof occupied by one tenant. 9. CanoDV A non-movable roof-like structure attached to a building. 10. Construction sian A temporary siQn erected on the premises where construction is takinQ place durina the period of construction. indicatinQ the names individuals or firms havina a role or interest with respect to the structure or proiect. 40. 11. Direct Illumination A source of illumination on the surface of a sign or from within a sign. 44,-12.Election The time designated by law for voter to cast ballots for candidates and measures. ~ 13. Flashinq Siqn A sign incorporating intermittent electrical impulses to a source of illumination or revolving or moving in a manner which creates the illusion of flashing, or which changes color or intensity of illumination. This definition is to include electronic time, date and temperature signs. 13. Frontoqc ^ singlo w311 SUrf3CO of:J building fuoing :J givon dirootion. 14. Ground Siqn A sign erected on a free-standing frame, mast or pole and not attached to any building. Also known as a "free-standing sign". 15. Indirect Illumination A source of illumination directed toward a sign so that the beam of light falls upon the exterior surface of the sign. 16. IlIeqal Siqn A sign which is erected in violation of the Ashland Sign Code (18.96). 17. Marquee Siqn A sign which is painted on, attached to, or supported by a marquee, awning or canopy. 18. Marquee A non-movable roof-like structure which is self-draining. 19. Non-conforminq Siqn An existing sign, lawful at the time of enactment of this Ordinance, which does not conform to the requirements of this Code. 20. Proiectinq Siqns Signs other than wall signs, which are attached to and project from a structure or building face, usually perpendicular to the building face. 21. Portable Sian A permitted siQn not permanentlv attached to the around or other permanent structure includina sandwich boards. pedestal siQns. and' A' Frame siQns. 22. Public Art Page 2 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE All forms of oriainal works of art in anv media that has been planned and executed with the specified intention of beina sited or staaed on Citv Propertv or on propertv owned or controlled bv the Citv of Ashland. usuallv outside and accessible to the public. Public Art approved and installed in accordance with section 2.17 of the Ashland Municipal Code shall not be reaulated as a sian per the provisions of this Chapter. ~ 23. Roof Siqn Any sign erected upon, against, or directly above a roof or top of or above the parapet of a building. ~ 24. Shoppinq Center or Business Complex Any business or group of businesses which are in a building or group of buildings, on one or more lots which are contiguous or which are separated by a public right-of-way or a privately owned flag drive used for access and not greater than 35 feet in width, which are constructed and/or managed as a single entity, and share ownership and/or function. ~. 25.Siqn Any identification, description, illustration, symbol or device which is placed or affixed directly or indirectly upon a building, structure, or land, Interior illuminated panels, fascia strips, bands, columns, or other interior illuminated decorative features located on or off a structure, visible from the public right-of-way, and with or without lettering or graphics shall also be considered a sign and included in the overall sign area of the site. Public Art shall not be considered a sian. ~. 26. Siqn. Public A sign erected by a public officer or employee in the performance of a public duty which shall include, but not be limited to, motorist informational signs and warning lights. ~ 27. Street Frontaqe The lineal dimension in feet that the property upon which a structure is built abuts a public street or streets. 28. Real Estate Sian A sian pertainina to the sale or lease of the premises. or portion of the premises. on which the sian is located 29. Replacement Sian A chanae in the size or materials of a sian in a location where a permitted sian had previous Iv existed prior to the proposed installation :2e. 30. Temporary Siqn A sign which is not permanently affixed. All devices such as banners, pennants, flags, (not including flags of national, state or city governments), searchlights, s::mdwich boards, sidowalk eigne, curb signs, balloons or other air or gas-filled balloons. 31. Three-Dimensional Sian A sian which has a depth or relief on its surface areater than six inches exclusive of the supportina sian structure and not to include proiectina wall sians. 32. Vehicle Sian A sian mounted on a vehicle. bicvcle. trailer or boat. or fixed or attached to a device for the purpose of transportina from site-to-site. ~.33. Wall Graphics Including but not limited to any mosaic, mural or painting or graphic art technique or combination or grouping of mosaics, murals, or paintings or graphic art techniques applied, implanted or placed directly onto a wall or fence. ~ 34. Wall Siqn Page 3 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE A sign attached to or erected against the wall of a building with the face in a parallel plane of the building wall. ~35. Wind Sian or Device Any sign or device in the nature of banners, flags, balloons, or other objects fastened in such a manner as to move upon being subject to pressures by wind or breeze. SECTION 18.96.030 Exempted Signs. The following signs and devices shall not be subject to the provisions of this chapter except for 18.96.040 and18.96.140 A. Informational signs placed by the City of Ashland, or by the State or Oregon in the publicly owned right-of-way. Collective identification or directory sians placed bv the Citv of Ashland showina the tvpes and locations of various civic. business. recreation. historic interest areas. or other similar uses. when such sians are located on publicallv owned riaht-of-wav or on Citv of Ashland propertv. Comment: The modffications to 18.96. 030(A) above are proposed to address the Downtown Task Force recommendation(fssue #4) to more explicitly enable the City to install various offpremises directory signs on City property (including public right of way as well as city property) to assist in directing people to interest areas that are otherwise not readily visible from the street.. The recommendation also expresses an interest in developing separate policies to address issues of size. materials, color. font. materials. and location. B. Memorial tablets, cornerstones, or similar plaques not exceeding six square feet in size. C. Flags of national, state or local governments. D. Signs within a building provided they are not visible to persons outside the building. E. Temporary signs not exceeding four square feet, provided the signs are erected no more than 45 days prior to and removed within seven days following an election. (Ord 2844; S1 1999) F. Temporary, non-illuminated real estate (not more than one per tax lot) or construction signs not exceeding six square feet in residential areas or twelve square feet in commercial and industrial areas, provided said signs are removed within fifteen days from the sale, lease or rental of the property or '''Jithin seven days of completion of the proiect. Such sians shall be limited to one sian per lot. Freestandina temporary real estate sians shall be no areater than five feet above arade. G. Temporary non-illuminated construction sians not exceedina sixteen (16) sQuare feet in residential areas or thirtv-two (32) SQuare feet in commercial and industrial areas. provided said sians are removed within seven davs of completion of the proiect. Such sians shall be limited to one sian per lot. Freestandina temporary construction sians shall be no areater than five feet above arade. G,. !:L.-Small incidental signs provided said signs do not exceed two square feet in area per sign, not more than two in number on any parcel or two per street business frontage, whichever is greater. Within the Downtown Desian Standards Zone. three incidental sians with a total area of seven SQuare feet. provided no sinale incidental sian exceeds three SQuare feet in area. are allowable per business frontaae. Page 4 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE Comment: The modtfications to 18.96. 030(H) above are proposed to address the Downtown Task Force recommendation(fssue #1) to increase the number of exempt signs from two to three in the downtown area. It was recommended that the allowable area for the additional proposed sign be increased to 3 square feetfor increased flexibility, and spectfically in consideration of restaurant needs for "menu" signs. ./=h L Temporary signs painted or placed upon a window in a non-residential zone, when such signs do not obscure more than twenty percent of such window area, and are maintained for a period not exceeding seven days. Signs which remain longer than seven days will be considered permanent and must comply with the provisions of the Ashland Sign Code (18.96). h LAny sign which is not visible to motorists or pedestrians on any public highway, sidewalk, street or alley. J.:. LStrings of Lights. Strings of incandescent lights in non-residential zones where the lights do not exceed 5 watts per bulb, the bulbs are placed no closer than 6" apart and do not flash or blink in any way. Strings of lights in residential zones are not regulated. (Ord, 2660,1991) K- L Temporary non-illuminated signs not exceeding 16 square feet for charitable fundraising events placed by non-profit and charitable organizations. Such signs shall not be placed more than seven days prior to the event and must be removed within two days following the event. No more than two such events may be advertised in this manner per lot per year. (Ord, 2323, 1984) All of the foregoing exempted signs shall be subject to the other regulations contained in this Chapter 18.96 relative to the size, lighting or spacing of such sign. (Ord, 2221, 1982) SECTION 18.96.040 Prohibited Signs. A. No sign, unless exempted or allowed pursuant to this Chapter, shall be permitted except as may be provided in Section 18.96.030. (Ord, 2221, 1982) B. No movable sign, temporary sign or bench sign shall be permitted except as may be provided in Section 18.96.030. C. No wind sign, device, or captive balloon shall be permitted except as may be provided in Section 18.96.030. (Ord. 2221, 1982; Ord, 2440, 1988) D. No flashing signs shall be permitted. E. No sign shall have or consist of any moving, rotating, or otherwise animated part. F. No three-dimensional statue, caricature or representation of persons, animals or merchandise shall be used as a sign or incorporated into a sign structure except as may be provided in Sections 18.96.080(8)5. and 18.96.090(8)4 G. No public address system or sound devices shall be used in conjunction with any sign or advertising device. H. No roof signs or signs which project above the roof shall be permitted. I. No exposed sources of illumination shall be permitted on any sign, or for the decoration of any building, including, but not limited to, neon or fluorescent tubing and flashing incandescent bulbs, except when the source of illumination is within a building, and at least ten (10) feet from a window which allows visibility from the public right-of-way, or when a sign is internally illuminated or the source of light is fully shielded from the public view. 1 Page 5 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE J. No signs which use plastic as part of the exterior visual effects or are internally illuminated in the Historic District, as identified in the Ashland Comprehensive Plan, or in any residential districts shall be permitted. K. No bulletin boards or signs with changeable copy shall be permitted, except as allowed in Section 18.96.060(0). L. No wall graphics shall be permitted. M:- LNo unofficial sign which purports to be, is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official traffic sign or signal shall be permitted. M. Vehicle sians used as static displavs such that the primary purposeof the vehicle is the displav of the sian. placed or parked where visible from off-premises or the public riaht-of-wav for a continuous period of 2 davs or more. Vehicles and eauipment reaularlv used in the conduct of the business such as delivery vehicles. construction vehicles. fleet vehicles. or similar uses. shall not be subiected to this prohibition. Comment: Section 18.96. 040(M) above is proposed by Staff independent of the Downtown Task Force recommended changes to the Ordinance. The subject of Vehicle signs was not discussed by the Task Force but has been an enforcement concern regarding vehicles parkedfor extended periods on public streets solelyfor advertising purposes of adjacent businesses. This section would not prohibit vehicle signs affixed to vehicles that are used in the daily operation of a business such as delivery vehicles. SECTION 18.96.050 Sign Permits. A. Sign Permit Required. A sign permit is required in each of the following instances: 1. Upon the erection of any new sign except exempted signs. 2. To make alteration to an existing sign, including a change in the size or materials. Permits shall not be required for minor maintenance and repairs to existing signs or for changes in sign copy for conforming signs. 3. To alter an existing non-conforming sign, subject to Section 18.96.150. 4. To erect a temporary sign for a new business subject to Section 18.96.050(0). B. Required Information for a Sign Permit. For the purposes of review by the Staff Advisor and Building Official, a drawing to scale shall be submitted which indicates fully the material, color, texture, dimensions, shape, relation and attachment to building and other structures, structural elements of the proposed sign, and the size and dimensions of any other signs located on the applicant's building or property. C. Temporary Signs for New Businesses. The Staff Advisor or his/her designate can issue a permit for a temporary sign for new businesses for a period not to exceed seven days. A permit is required for these signs but the permit fee is waived. O. Unsafe or Illegal Signs. 1. If the Staff Advisor or Building Official shall find that any sign is unsafe or insecure, or any sign erected or established under a sign permit has been carried out in violation of said permit or this chapter, he/she shall give written notice to the permittee or owner thereof to remove or alter such sign within seven days. 2. The Staff Advisor or Building Official may cause any sign which is an immediate peril to persons or property, or sign erected without a permit, to be removed immediately, and said sign shall not be re-established until a valid permit has been issued. Failure to remove or alter said signs as directed shall subject the permittee or owner to the penalties prescribed in this Title. Page 6 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE 3. Any person who erects, constructs, prints, paints or otherwise makes a sign for which a sign permit or approval is required under Chapter 18.96 without first having determined a permit has been obtained for such sign, has committed an infraction, and upon conviction thereof is punishable as prescribed in section 1.08.020 of the Ashland Municipal Code. It shall not be a defense to this section that such person erected, constructed, printed, painted or otherwise made the sign for another. (amended Ord, 2754, 1995) E. Sign Permit Record Required. The Planning Department shall keep a copy and permanent record of each sign permit issued. F. Sign Permit Fee. The fee for a sign permit shall be as set forth in Resolution No. 88-01, as adopted by the City Council. The fee for any sign which is erected without a sign permit shall be double the regular sign fee. SECTION 18.96.060 General Sign Regulations. The following general provisions shall govern all signs in addition to all other applicable provisions of this chapter. A. Variances. The following regulations pertaining to signs are not subject to the variance section of this Code: 1. Section 18.96.040 - Prohibited signs. 2. Section 18.96.110 - Abatement of nuisance signs. 3. Section 18.96.120 - Construction and maintenance standards. 4. The size, height and number of constraints of Sections 18.96.070, 18.96.080, 18.96.090 and 18.96.100, except as may be allowed in 18.96.130. B. Obstruction by Signs. No sign or portion thereof shall be placed so that it obstructs any fire escape, stairway or standpipe; interferes with human exit through any window of any room located above the first floor of any building; obstructs any door or required exit from any building; or obstructs any required light or ventilation. C. Bulletin Board or Reader Board. Twenty (20) percent of permitted sign area may be allowed as a bulletin board or reader board. D. Placement of Signs. 1 . Near residential. No sign shall be located in a commercial or industrial district so that it is primarily visible only from a residential district. 2. Near street intersections. No signs in excess of two and one-half feet in height shall be placed in the vision clearance area. The vision clearance area is the triangle formed by a line connecting points twenty-five feet from the intersection of property lines. In the case of an intersection involving an alley and a street, the triangle is formed by a line connecting points ten feet along the alley and twenty-five feet along the street. When the angle of intersection between the street and the alley is less than 30 degrees, the distance shall be twenty-five feet. This provision shall apply to all zones. 3. Near driveways. No sign or portion of thereof shall be erected within ten feet of driveways unless the same is less than two and one-half feet in height. 4. Future street riqht-of-way. No sign or portion thereof shall be erected within future street right-of-ways, as depicted upon the Master Street Plan, unless and until an agreement is recorded stipulating that the sign will be removed or relocated upon street improvements at no expense to the 1 Page 7 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE City. SECTION 18.96.070 Residential and North Mountain Sign Regulations. Signs in the residential (R) and North Mountain (NMLdistricts shall conform to the following regulations: A. Special Provisions: 1. No sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. 2. Internally illuminated signs shall not be permitted. 3. Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation, as no signs are allowed in conjunction with a home occupation. Signs in residential areas are only permitted in conjunction with a Conditional Use. B. Type of Signs Permitted. 1. Neighborhood identification signs. One sign shall be permitted at each entry point to residential developments not exceeding an area of six square feet per sign with lettering not over nine inches in height, located not over three feet above grade. 2. Conditional Uses. Uses authorized in accordance with the Chapter on Conditional Use Permits may be permitted one ground sign not exceeding an overall height of five feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall sign in lieu of a ground sign. Such signs shall be approved in conjunction with the issuance of such conditional use permit. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. 3. Retail commercial uses allowed as a conditional use in the Railroad District and traveler's accommodations in residential zones shall be allowed one wall sign or one ground sign which meets the following criteria: a. The total size of the sign is limited to six square feet. b. The maximum height of any ground sign is to be three feet above grade. c. The sign must be constructed of wood and cannot be internally illuminated. 4. North Mountain Signs. Signs for approved non-residential uses within the NM-R15, NM- C and NM Civic zones shall be permitted one ground sign not exceeding an overall height of five feet and an area of fifteen square feet, set back at least ten feet from property lines; or one wall or awning sign in lieu of a ground sign. Said signs shall not use plastic as part of the exterior visual effect and shall not be internally illuminated. (ORD 2951, amended, 07/01/2008) SECTION 18.96.080 Commercial-Downtown Overlay District (C-1-D). Signs in the Commercial-Downtown Overlay District shall conform to the following regulations: A. Special Provisions. 1. Frontaqe. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. and no building shall be credited with more than two businesc frontages. 2. Aqqreqate number of siqns. The aggregate number of signs for each business shall be two signs for each business frontage (0 frontage with an entrance/exit open to the geneml public). Page 8 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE 3. Material. No sign in the Commercial-Downtown Overlay District shall use plastic as part of the exterior visual effects of the sign. 4. Aqqreqate area of siqns. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage. Aggregate area shall not include nameplates, and real estate and construction signs. B. Types of Signs Permitted. 1. Wall Signs. a. Number. , Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. This area shall not exceed sixty square feet per business frontaae for a propertv with two or less business frontaaes. or ninety SQuare feet for a structure with three to four business frontaaes on separate public streets. The maximum sian area on anv sinale business frontaae shall not exceed sixtv SQuare feet. Comment: Section 18.96. 080(B)1 b). The subject of additional frontages and sig11age needs was raised before the City Council by Brett Thompson on September 2/1d, 2008 relative to properties with business frontages on more than two streets or businesses whose sole frontage is on a third or fourth side of a building.. Council directed that this issue be addressed in proposed amendments byforwarding implementing language for consideration. This mod~fication would allow additional sign area (up to 30sqft.) for the additional street frontage(s) when defined as a 'business frontage, (see definition 18.96.020(7)) while preserving existing protections limiting what would be viewable from any single street frontage. c. Proiection. Signs may project a maximum of eighteen inches two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet may only project four inches. Comment: Section 18.96. 080(B) 1 c) addresses a recommendation by the Downtown Task Force (Issue #3) to increase the maximum distance a sign can project from the face of a buildingfrom 18" to 2 ' to foster improved visibility as well as increased opportunities for such projection signs tofunction as architectural elements. Specifically this modification was proposed to assist businesses on smaller side streets and alleys with limited visibility from the main streets within the downtown.. d. Extension above roof line. Signs may not project above the roof or eave line of the building. Page 9 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE 2. Ground Signs. a. Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Corner lots can count one street frontage. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Heiqht. No ground sign shall be in excess of five feet above grade. 3. Marquee or Awning Signs. a. Number. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. c. Projection. Signs may not project beyond the face of the marquee if suspended, or above the face of the marquee if attached to and parallel to the face of the marquee. d. Heiqht. Signs shall have a maximum face height of nine inches if placed below the marquee. e. Clearance above qrade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Siqns painted on a marquee. Signs can be painted on the marquee in lieu of wall signs provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs. 4. Projection Signs. a. Number. One sign shall be permitted for each business or group of businesses occupying a single common space or suite in lieu of a wall sign. b. Area. Except for marquee or awning signs, a projecting sign shall not exceed an area of one square foot for each two feet of lineal business frontage that is not already utilized by a wall sign. The maximum area of any projecting sign shall be 15 square feet. c. Proiection. Signs may project from the face of the building to which they are attached a maximum of two feet if located eight feet above grade, or three feet if located nine feet above grade or more. d. Heiqht and extension above roof line. Signs shall not extend above the roofline, eave or parapet wall of the building to Page 10 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE which they are attached, or be lower than eight feet above grade. e. Limitation on placement. No projecting sign shall be placed on any frontage on an arterial street as designated in the Ashland Comprehensive Plan. 5. Three-Dimensional Si~ms. a. Number. One three-dimensional sian shall be permitted for each lot. This is in addition to the limitations established in this section on number of wall. around. awnina or marQuee sians. b. Surface Area. Flat surfaces in excess of two SQuare feet shall count toward the total aaareaate sian area per 18.96.080(A)4. c. Placement. The three-dimensional sian shall be located so that no sian or portion thereof shall is within a public pedestrian easement or extends beyond any propertv line of the premises on which such sian is located into the public riaht-of-wav unless an encroachment permit has been issued. d. Dimensions. No three-dimensional sian shall have a heiaht. width. or depth in excess of three feet. e. Volume. The volume of the three-dimensional sian shall be calculated as the entire volume within a rectanaular cube enclosina the extreme limits of all parts of the sian and shall not exceed three (3) cubic feet. For the purposes of calculatina volume the minimum dimension for heiaht. width. or depth shall be considered one foot. Comment: Section 18.96. 080(B)5a~f above relates to Issue #2 as discussed by the Downtown Task Force. This potential addition to the ordinance would allow three dimensional signs (greater than 6" relief) and was intended by the Task Force to provide opportunities for unique and creative optionsfor businesses to connect to customers and the community. The existing material restrictions within the downtown would prohibited the use of plastic (see 18. 96080(A)3.) and prohibit internal illumination for such 3-D signs within this Historic interest area (see 18.96. 040.J). However these existing prohibitions do not apply outside of the Downtown and Historic Districts ,nor is there an explicit imitation on electrical components, therefore they are added underthe Construction and Materials section18.96.120(8) to apply universally regarding three dimensional signs. The Downtown Task Force had recommended that such small 3-D signs be considered as part of the exempt sign category, however due to issues ~f potential encroachment into pedestrian circulation areas, ingress egress requirements of the fire and building codes, and building code compliance relating to the method ~f permanently affixing such signs to the wall or ground, Staff has proposed such signs as a permitted sign type to enable such review. 6 Portable Business Sians a. Number One portable business sian. limited to sandwich boards. pedestal sians. and 'A' frame sians. shall be allowed on each lot exceptina that buildinas Page 11 of 19 - SIGN REGULATIONS CITY Of ASHLAND LAND USE CODE or businesses with permanent around sians shall not be permitted to have portable siems. b. Area. Sians shall not exceed the permitted aaareaate sian area not taken UP bv exempt incidental sians per 18.96.030(H). Siems shall not exceed an area of four (4) SQuare feet per face includina anv border or trim. and there shall be no more than two (2) faces. c. Heiaht. Sandwich board sians and "A' frame siems shall not extend more than three (3) feet above the around on which it is placed. Pedestal sians shall not extend more than four (4) feet above the around on which it is placed. d. Placement. Sians shall be placed so that no sian or portion thereof shall extend bevond any propertv line of the premises on which such sian is located. Portable siems shall not be placed on public riaht-of-way. e. Limitation on placement. No portable business sian shall be constructed and placed so as to interfere with pedestrian inaress and earess as reaulated within the Ashland Municipal Code. a. General Limitations Sians shall be anchored. supported. or desianed as to prevent tippina over. which reasonablv prevents the possibilitv of sians becomina hazards to public health and safety. Sians shall not be illuminated or contain anv electrical component. No obiects shall be attached to a portable sian such as but not limited to balloons. banners. merchandise. and electrical devices. Portable business sians shall be removed at the daily close of business. These sians are prohibited while the business is closed. Comment: The Downtown Task Force explored the option of allowing sandwich boards and pedestal signs when discussing the desire to increase exposure for businesses not on a major street. The issue was largely resolved through the concept of enabling the City to install collective directional signs (see 18.96.030A). However the use of pedestal signs or sandwich boards on the businesses private property still may have merit provided such sign areas are calculated in consideration of the exempt sign allowance. Although typical exempt signs are not required to obtain sign permits, Staff has proposed this section under the permitted sign section to allow assessment of issues of potential encroachment into pedestrian circulation areas, ingress egress requirements of thefire and building code, and compliance with maximum height requirement through the sign permit process. SECTION 18.96.090 Commercial, Industrial and Employment Districts. Signs in commercial, industrial and employment districts, excepting the Downtown-Commercial Overlay District and the Freeway Overlay District, shall conform to the following regulations: A. Special Provisions. 1. Frontaoe. The number and use of signs allowed by virtue of a given business frontage shall be placed only upon such business frontage. ::md no building sholl be credited 'Nith more Page 12 of 19 - SIGN REGULATIONS CITY Of ASHLAND LAND USE CODE th3n two business front3ges. 2. Agqreqate number of siqns. The aggregate number of signs for each business shall be two signs for each business frontage. 3. Aqqreqate area of siqns. The aggregate area of all signs established by and located on a given street frontage, shall not exceed an area equal to one square foot of sign area for each lineal foot of street frontage. Aggregate area shall not include nameplates, and temporary real estate and construction signs. B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. This area shall not exceed sixty square feet per business frontaae for a property with two or less business frontaaes. or ninetv square feet for a structure with three to four business frontaaes on separate public streets. The maximum sian area on any sinale business frontaae shall not exceed sixty square feet. c. Proiection. Except for marquee or awning signs, a projecting sign may project a maximum of eighteen inches two feet from the face of the building to which they are attached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet can only project four inches. d. Extension above roof line. Signs may not project above the roof or eave line of the building. 2. Ground Signs. a. Number. One sign shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Corner lots can count both street frontages in determining the lineal feet of the street frontage but only one ground sign is permitted on corner lots. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of sixty square feet per sign. c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on corner properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Heiqht. No ground sign shall be in excess of five feet above grade. 3. Awning or Marquee Signs. a. Number. Two signs shall be permitted for each business frontage in lieu of wall signs. Page 13 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. c. Proiection. Signs may not project beyond the face of the marquee if suspended, or above or below the face of the marquee if attached to and parallel to the face of the marquee. d. Heiqht. Signs shall have a maximum face height of nine inches if attached to the marquee. e. Clearance above qrade. The lowest portion of a sign attached to a marquee shall not be less than seven feet, six inches above grade. f. Siems painted on a marquee. Signs can be painted on the marquee in lieu of wall sign provided the signs do not exceed the permitted aggregate sign area not taken up by wall signs. 4. Three-Dimensional Siems. a. Number. One three-dimensional sian shall be permitted for each lot with a street frontaae in excess of 50 lineal feet. This is in addition to the limitations established in this section on number of wall. around. awnina or marQuee sians. b. Surface Area. Flat surfaces in excess of two SQuare feet shall count toward the total aaareaate sian area per 18.96.080CA)4. c. Placement. The three-dimensional sian shall be located a minimum of ten feet from a propertv line and no sian or portion thereof shall be located within a public pedestrian easement. d. Dimensions. No three-dimensional sian shall have a heiaht. width. or depth in excess of six feet. f. Volume. The volume of the three-dimensional sian shall be calculated as the entire volume within a rectanaular cube enclosina the extreme limits of all parts of the sian and shall not exceed 20 cubic feet. For the purposes of calculatina volume the minimum dimension for heiaht. width. or depth shall be considered one foot. 5. Portable Business Sians a. Number One portable business sian. limited to sandwich boards. pedestal sians. and 'A' frame sians. shall be allowed on each lot exceptina that buildinas or businesses with permanent around sians shall not be permitted to have portable sians. b. Area. Sians shall not exceed the permitted aaareaate sian area not taken UP bv exempt incidental sians per 18.96.030CH). Sians shall not exceed an area of four (4) SQuare feet per face includina any border or trim. and there shall be no more than two (2) faces. c. Heiaht. Page 14 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE Sandwich board sians and "A' frame sians shall not extend more than three (3) feet above the around on which it is placed. Pedestal sians shall not extend more than four (4) feet above the around on which it is placed. d. Placement. Sians shall be placed so that no sian or portion thereof shall extend bevond anv propertv line of the premises on which such sian is located. Portable sians shall not be placed on public riaht-of-wav. e. Limitation on placement. No portable business sian shall be constructed and placed so as to interfere with pedestrian inaress and earess as reaulated within the Ashland Municipal Code. f. General Limitations Sians shall be anchored, supported, or desianed as to prevent tippina over. which reasonablv prevents the possibilitv of sians becomina hazards to public health and safetv. Sians shall not be illuminated or contain any electrical component. No obiects shall be attached to a portable sian such as but not limited to balloons, banners, merchandise, and electrical devices. Portable business sians shall be removed at the dailv close of business. These sians are prohibited while the business is closed. SECTION 18.96.100 Freeway Sign Zone. A. Purpose. This special overlay zone is intended to provide for and regulate certain ground signs which identify businesses in commercial districts located at freeway interchanges. B. Establishment and Location of Freeway Sign Zones. Freeway sign zones shall be depicted on the official zoning map of the City and identified as the Freeway Overlay District. C. Freeway Overlay Sign Regulations. All signs in this district shall comply with Section 18.96.090, except for ground signs, which shall comply with the provisions of Section 18.96.100(0), ground sign regulations. D. Ground Sign Regulations. 1. Number. One freeway sign shall be permitted for each lot in addition to the signs allowed by 18.96.090 of this Chapter. (Ord, 2290, 1984) 2. Area. Signs shall not exceed an area of one hundred (100) square feet per sign. 3. Heioht. Signs shall not exceed a height of 2028 feet above mean sea level. SECTION 18.96.110 Abatement of Nuisance Signs. The following signs are hereby declared a public nuisance and shall be removed or the nuisance abated: A. Flashing sign visible from a public street or highway. B. Temporary,-ef movable~ or portable sians located on the publicallv owned riaht-of- Page 15 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE way. C. Illegal signs. D. Signs in obvious disrepair which are not maintained according to the standards set forth in 18.96.120(C). SECTION 18.96.120 Construction and Maintenance Standards. A. Materials of construction. 1. SinQle and multi-family residential districts. All signs and their supporting member may be constructed of any material subject to the provisions of this Chapter. 2. Commercial and industrial districts. All signs and their supporting members shall be constructed of non-combustible materials or fire-retardant treated wood which maintains its fire-resistive qualities when tested in accordance with the rain and weathering tests of the U.B.C. Standards NO.32- 37, unless otherwise provided in this Section. 3. Non-treated siQns. All wall, ground, marquee and projecting signs of twenty square feet or less may be constructed of non-treated wood. 4. Real estate and construction siQns. All signs may be constructed of compressed wood particle board or other material of similar fire resistivity. 5. Directly illuminated siQns. All signs illuminated from within may be faced with plastics approved by the Building Code. 6. Glass. All glass used in signs shall be shatter-resistant, or covered by a shatter-resistant material. 7. Wood. Wood in contact with the ground shall be foundation-grade redwood, foundation-grade cedar, all heartwood cypress, or any species of wood which has been pressure-treated with an approved preservative. Trim and backing strips may be constructed of wood. 8. Three Dimensional Sians Sians shall be constructed of metal. wood. bronze. concrete. stone. alass. clay. or other durable material. all of which are treated to prevent corrosion or reflective alare. Three dimensional sians shall not be constructed of plastic. Three dimensional sians shall not be internally illuminated or contain any electrical component. B. Construction Methods. 1. All signs shall be constructed of such materials or treated in such manner that normal weathering will not harm, deface or otherwise affect the sign. 2. All letters, figure and similar message elements shall be safely and securely attached to the sign structure. 3. All signs shall be designed and constructed to resist the applicable wind loads set forth in the Building Code. C. Maintenance. All signs shall be maintained at all times in a state of good repair, and no Page 16 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE person shall maintain or permit to be maintained on any premises owned or controlled by him/her, any sign which is in a sagging, leaning, fallen, decayed, deteriorated or other dilapidated or unsafe condition. SECTION 18.96.130 Nonconforming Signs. A. Any sign which does not conform with a provision of the Ashland Sign Code, and has been in existence for more than five years, is subject to this Section. B. Alteration of any existing nonconforming sign. It is unlawful to alter any existing nonconforming sign. The sign must be brought into conformance with this Title upon any physical alteration. Acts of God or vandalism which damage these nonconforming signs shall be exempt from this Section, if the cost of the repair is less than 50% of the cost of replacing the sign with a conforming sign. However, the signs must be restored to their original design and a permit with a $10.00 fee will be required prior to the repair work. C. Any nonconforming sign used by a business, shopping center, or business complex must be brought into conformance prior to any expansion or change in use which requires a Site Review or Conditional Use Permit. All nonconforming signs must be brought into conformance with the same provisions as are required for new signs. No building permits for new construction may be issued until this provision is complied with. D. Variances can be granted using the variance procedure of this Title to alleviate unusual hardships or extraordinary circumstances which exist in bringing nonconforming signs into conformity. The variance granted shall be the minimum required to alleviate the hardship or extraordinary circumstance. (Ord, 2357, 1985) SECTION 18.96.140 Enforcement. The portions of this Chapter relating to the structural characteristics and safety of signs shall be enforced by the Building Official or his/her designate; all other portions shall be enforced by the Staff Advisory or designate. (Ord, 2176, 1982) SECTION 18.96.150 Governmental Signs. Governmental agencies may apply for a Conditional Use to place a sign that does not conform to this Code when it is determined that, in addition to the criteria for a conditional use, the sign is necessary to further that agency's public purpose. (ORD 2951, amended, 07/01/2008) SECTION 18.96.160 Historic Signs. A. Historic Sign Inventory. The inventory of historically significant signs shall be established by resolution of the City Council. B. Criteria for designation of historic signs. All signs for which designation as a Historic Sign are requested shall be substantially in existence at the time of the application; shall be displayed in their original location; shall be in association with an important event, person, group, or business in the history of the City of Ashland; shall follow a guideline of being in existence for approximately 40 years; and shall meet one of the following criteria: 1. The sign is exemplary of technology, craftsmanship or design of the period when it was Page 17 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE constructed, uses historic sign materials or means of illumination, and is not significantly altered from its historic period. If the sign has been altered, it must be restorable to its historic appearance. 2. The sign is integrated into the architecture of the building and is exemplary of a historically significant architectural style. C. The owner of any sign may request that said sign be reviewed for significance in the Historic Sign Inventory upon written application to the City Council. Application fees shall be the same as for Type I applications. Applications shall include written findings addressing the criteria for designation of historic signs, and current and historic photographs of the sign, if available. 1. The Council shall refer all requests for inclusion on the Historic Sign Inventory to the Historic Commission for review and recommendation to the Council within 30 days of the request. Notice of the Historic Commission meeting shall be mailed to all affected property owners within 100' of the subject property. If a recommendation is not made within 30 days, the request shall be forwarded to the Council without a recommendation. 2. The Council shall, after receiving the recommendation of the Historic Commission or after 30 days, provide notice to all affected property owners within 100' of the subject property of a public hearing before the City Council. 3. The Council shall decide, based on the criteria above and the recommendation of the Historic Commission, whether to approve the request to include the sign on the inventory. 4. Inclusion on the Historic Sign Inventory shall be by resolution of the Council. 5. The burden of proof shall be on the applicant. O. Signs on the Historic Sign Inventory in any zoning district shall be exempt from the requirements of this Section except Sections 18.96.110 and 18.96.120(0). Also, that the sign area of the historic sign is exempted from the total allowable sign area, as defined in this Section, except as modified by Council conditions in E. below. E. The City Council shall have the authority to impose conditions regulating area, maintenance, etc. on the signs included in the Historic Sign Inventory to further the purpose and intent of this ordinance. F. Removal or demolition of a Historic Sign shall be done under permit and approval of the Staff Advisor. The Historic Commission shall review the permit at their next regularly scheduled meeting and shall have the authority to delay issuance for 30 days from the date of their review meeting. Such delay shall be to allow the Commission the opportunity to discuss alternate plans for the sign with the applicant. G. Signs on the Historic Sign Inventory, which have been destroyed or damaged by fire or other calamity, by act of God or by public enemy to an extent greater than 50%, may be reconstructed in an historically accurate manner. Such reconstruction shall be authorized by the City Council, only after determination that the reconstruction will be an accurate duplication of the historic sign, based on review of photographic or other documentary evidence specifying the historic design. The Historic Commission shall review and make recommendations to the City Council on all such reconstructions. H. Maintenance and Modification of Historic Signs. 1. All parts of the historic sign, including but not limited to neon tubes, incandescent lights and shields, and sign faces, shall be maintained in a functioning condition as historically intended for the sign. Replacement of original visible components with substitutes to retain the original appearance shall be permitted provided such replacements accurately reproduce the size, shape, color and finish of the original. Failure to maintain the sign in accord with this section shall be grounds for review of the historic sign designation by Page 18 of 19 - SIGN REGULATIONS CITY OF ASHLAND LAND USE CODE the City Council. 2. Modifications of a historic sign may be allowed, after review by the Historic Commission and approval by the City Council, only if such modifications do not substantially change the historic style, scale, height, type of material or dimensions of the historic sign, and does not result in a sign which does not meet the criteria for designation as a historic sign. 3. Changes in the location of a historic sign may be allowed, after review by the Historic Commission and approval by the City Council, only if such locational change does not result in the sign no longer meeting the criteria for designation as a historic sign. (Ord, 2598, 1990) Page 19 of 19 - SIGN REGULATIONS CITY OF ASHLAND Downtown Task Force Summary Report August 21, 2008 At the initiation of Mayor John Morrison and in conjunction with the Ashland Chamber of Commerce, a Downtown Task Force was created and charged with reviewing and providing remedies to address the following issues affecting downtown merchants: · The current policy on parking restrictions within the downtown area; · A review of the City sign provisions related to the requirements for temporary signs and the use of three-dimensional representations as sign structures and education of business merchants and community with respect to city sign code requirements; and · Permissible encroachment upon downtown public sidewalk. At the first of what turned into five consecutive Monday afternoon meetings in July and August, Mayor Morrison explained his view on the charge of the Task Force, and encouraged the members to focus on immediate concerns that can be addressed within a "fast track" timeline. At the request of Task Force members, City Staff presented a list of issues for discussion and potential options to consider that may resolve or at least alleviate impacts associated with each particular issue. Over the course of the five meetings, the Task Force solicited public input, received information and potential options from City staff, discussed the variety of options and ultimately voted on a recommendation for each issue. The following summary is divided into two pieces. The first piece includes immediate fixes to some of the most visible and controversial issues. This has been presented in the format of an issue statement, Task Force recommendation and supporting reasoning. In the second piece, the summary report identifies two issues that the Task Force recommended warranted additional review by City staff, These items were believed to be outside the initial charge of the Task Force, as well as beyond the expedited time table set for addressing the three immediate issues affecting downtown merchants. Suggested Immediate Solutions Downtown Task Force Summary Report 1 Iss ue #1 Particularly in the Downtown area, the current limitation of two exempt signs per business, with each sign not exceeding a size of two square feet, does not seem to meet the needs of many local merchants. Recommendation: Increase the number of exempt signs from two to three in the Downtown Area. The allowable area of the third sign would be increased to three square feet, rather than the current two square feet allowed for the other two signs Reasoning: The additional exempt sign will permit businesses increased flexibility in how they allocate signage, providing an opportunity for a merchant to adapt when there are changes in services and/or merchandise offered. Additionally, the change would address specific concerns raised by restaurant owners regarding the need for increased flexibility with respect to posted "menu" signs. Issue #2 The Sign Code currently prohibits three dimensional statues, caricatures or representations of persons, animals or merchandise from being used as a sign or incorporated into a sign structure. Recommendation: For properties within the Downtown or one of Ashland's four Historic Districts, allow one of the three exempt signs to be three-dimensional. Accordingly, the 3-D sign would be limited to a maximum size or volume of 3 cubic feet. Recommendation: Allow an additional exempt 3-D sign for properties outside the Historic Districts with a volumetric maximum (for example, 20 cubic feet). This would create an additional sign category and sign area in addition to the total sign area allotment under the current code. The three-dimensional sign would be required to be setback from the public street, and standards would be established for sign placement, size, height, surface detailing, illumination, materials and construction methods to assure any such sign would be of durable materials and quality construction consistent with Ashland's existing sign standards. Reasoning: The removal of the prohibition of three dimensional objects for signage provides unique and creative options for Downtown Task Force 2 Summary Report businesses to connect with their customers and the community. Through the sign code amendment process, additional limitations could be placed upon the 3-D signs in order to ensure that the community is adequately protected from an emergence of 3-D objects that are out of scale with the building or that create too large of a visual distraction. Issue #3 Some businesses, by virtue of their physical location and entrances, such as smaller side streets and alleys, have limited signage opportunities along the main streets within the downtown area. Recommendation: Increase the maximum distance that a sign can project from the building face from the current 18 inches, to 24 inches from the building face. Existing State Building Code addresses the minimum height above grade (sidewalk level) needed for any structure or sign to project over the public right of way or sidewalk. Reasoning: Increasing the amount of projection may provide better angles of visibility for businesses located on side streets or public alleyways. The increased projection provides an opportunity for the sign to function as an architectural element of a building while still having a scale that is not disproportionate and overpowering to a business frontage. Issue #4 Sign Code compliance efforts have included enforcing the current prohibition on off-premise signs, generally consisting of the placement of temporary, movable signs (i.e. sandwich boards) upon the public sidewalk or other public property. Some merchants feel that due to specific characteristics associated with location of their business frontage they lack adequate exposure. Off-premise signage is one means of drawing attention to the business location. Recommendation: Create a set of policies and implementing guidelines for the placement of informational/directional signs by the City in the right of way or other publicly controlled property. The guidelines should specify standards for the signage, which may include maximum size, color, font, content (name, arrow, type of business, etc), materials and location. For example, an informational sign could be installed at the entrance to an alley with the words "more shops" or Downtown Task Force 3 Summary Report "restaurants" or "galleries". In situations where physical site constraints limit visibility from the primary public right of way, an option for integrating a specific business name as an element of the City informational signage could be included into the guidelines. Reasoning: This is in recognition of the fact that there exist unusual situations where, through no fault of a business owner, the location and exposure of a particular business frontage may be uniquely constrained. Issue #5 The use of the public right of way for private commercial use is limited by the Municipal Code to Sidewalk Cafe's (AMC 6.44), which may not be the most equitable method for allocation of our limited public resource, downtown public sidewalks. Recommendation: Amend the Sidewalk Cafe ordinance to allow any abutting property (within a commercial or employment district) the opportunity to obtain a permit for private use of a portion of the public sidewalk, as long as specific public safety and access standards have been met. The permit fee would consist of a base charge and an additional charge for each square foot of public sidewalk space being privately utilized. Reasoning: In the absence of some compelling issue related to the public interest, there should be an equitable allowance for use of public sidewalks for private use. The broader issue is one of fairness and, specifically, whether or not restaurants should be the only business with use of public sidewalk space. Issue #6 The business community has noted that there is inconsistency within the encroachment permit process, which does not have clear standards for what types of functional objects are encouraged, allowed or legal for placement upon a city sidewalk or within the public right of way Recommendation: Create an ordinance or other appropriate approval process by which specific functional items (planter boxes, benches, trash cans, safety items, etc) may be established upon the City sidewalk. This would be contingent upon the items meeting city specifications, as well as retaining minimum Downtown Task Force 4 Summary Report clearance, public safety and placement standards. Individual permits for items meeting such standards would not be required, while items that do not conform to the standards could be eligible for some sort of review and permit procedure. Additionally, the Task Force recommended that the City Council direct staff to explore an exemption to have free use of the shy zone, the area along the sidewalk within 12 to 18 inches of the building face, for placement of such amenities as flower boxes, door stops, spittoons, etc. Reasoning: The Task Force was very intent on solving this issue in a way that encouraged the "right stuff' to be able to be placed upon public sidewalks to help beautify the streetscape, increase pedestrian comfort and also allow some individual expression within the constraints of public safety and access considerations. Creating a list of the types of "functional objects" that would be permitted, accompanied by minimum standards and specifications to assure quality, would eliminate the need for individual permit requirements that could easily result in discouraging businesses from enhancing the streetscape. Issue #7 The proliferation of newspaper and other miscellaneous publication racks within the downtown is creating a variety of problems, both functional and aesthetic. Recommendation: Create an ordinance specific to installation of newspaper and other publication racks. Standards could be included related to rack placement, maximum size and dimensions, allowance for grouping of racks, distance between groupings, etc. The ordinance would also address aesthetic standards such as materials, maintenance and use to ensure durability and public safety, as well as to eliminate ongoing problems of litter, abandonment and use of racks for displaying materials not qualifying for placement upon the public right of way. Reasoning: It was unanimously agreed that the proliferation of newspaper racks in the downtown area has reached a point where regulation on use and placement is critical. The current lack of regulation and oversight has led to somewhat of an "anything goes" situation, and City staff has minimal ability to address the issue. Downtown Task Force Summary Report 5 Issue #8 Downtown business owner and employees are frustrated with the seemingly inconsistent enforcement of the downtown employee parking ban and also have expressed concern over its potential overreaching effect of limiting owner and employee access to the downtown area while not at work. Recommendation: Remove the existing seasonal ban on employee parking in the Downtown Area. Reasoning: The conclusion of the group was that the ordinance was put in place primarily at the request and benefit of the business community. If local merchants believe the employee parking ban is cumbersome and difficult to effectively enforce, it would be reasonable to remove it and leave the matter to the business owners to self regulate through informing their employees. Issue #9 The City has several parking management items that need to be resolved to more efficiently administer the downtown parking program. Recommendation: Create ordinance language that allows the City to tow vehicles that have either five unpaid parking tickets or a total unpaid parking ticket balance of $250. Additionally, the City should develop a final, very visible, warning placard to be placed upon a vehicle at least 24 hours prior to the vehicle being towed. The Task Force does not recommend the use of a booting/immobilization device over the option of towing the vehicle. Reasoning: While this aspect of the parking issues downtown wasn't specifically part of the charge of the Task Force, the recommendation for the removal of the employee parking boundary created the need to address related parking issues so the Task Force added their recommendations in these areas as well. The Task Force believes the City needs effective tools to assist with the collection of unpaid parking fines from flagrant parking violators. The use of a boot or other immobilization technique, however, is a very noticeable means of deterring violations and may not send the appropriate type of message to members of the community as well as visitors. Downtown Task Force Summary Report 6 Additionally, the boot/immobilization renders the parking space unusable until the operator contacts the City and pays the fine due or until it gets towed, which most likely results in a 12 to 24 hour time period. Additional Suggested Considerations Before concluding their charge, the Task Force identified two issues where additional follow-up work would be necessary. The following items for Council consideration were believed to be outside the initial charge of the Task Force, as well as beyond the expedited time table set for addressing the three issues immediately affecting downtown merchants. Nevertheless, the Task Force recommended that the Council allocate staff resources to conduct follow-up work in these areas. Recommendation for Two-Year Review of Sign Code Amendments The Task Force recommended that any amendments to the sign code be reviewed and evaluated after two years. This would provide an opportunity to assess the effectiveness and implications associated with the committee's proposed changes. Recommendation to Exempt Public Art from City Sign Code The Task Force recommended that the City sign code should be amended to include an exemption for Public Art once an appropriate process is adopted for reviewing and approving the installation of public art. The proposed change to the sign code would be completed simultaneously with the adoption of a public art ordinance, which establishes processes and criteria for the acquisition and location of public art within the city limits. Recommendation for Sign Code Review/Education While the Task Force supports the intent of the existing sign code and appreciates the positive impact it has had on downtown Ashland, there was general agreement that, as currently written, is difficult for the business community to understand, leading to unintentional non-compliance as "sign creep" over time. The Task Force recommended a possible review of the code to simplify its design and, at a minimum, consider developing illustrated educational materials. Additionally, city staff would be available at a merchant's request for on-site review in order to increase awareness and reduce future violations. Downtown Task Force Summary Report 7 Public Arts Commission Memo CITY OF ASHLAND Planning Commission City of Ashland November 2008 Dear Planning Commission: The mission ofthe Public Art Commission reads in part ".. .to enhance the cultural and aesthetic quality of life in Ashland... n Weare passionate about preserving and enhancing the aesthetic beauty of Ashland and we believe the attractiveness of Ashland and lack of visual clutter is due in large part to the CUlTent sign code. We support the recommendation ofthe Downtown Task Force to exclude public art from the sign code (specifically definition #27) but we are opposed to the recommendation to allow 3 dimensional signs - which we believe could have a negative impact on Ashland aesthetics. The powers and duties of the Public Art Commission include tHe following: D. The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city departments regarding artistic components of all municipal government projects under consideration by the city. The commission may also serve as a resource for artistic components of land use developments. As such, we respectfully submit the attached memo for your consideration and look forward to discussing this with you at an upcoming study session. Sincerely, , />llta~~~, <Jl}i;tAtt( Melissa Markell, Chair Public Art Commission C: Bill Molnar, Community Development Director Ann Seltzer, Management Analyst and staff liaison to the Public Art Commission \bX\lJ'\ (\ 0 II ~l{).\d \A elf) CITY OF ASHLAND MEMO Date: November 2008 To: City of Ashland Planning Commission From: City of Ashland Public Art Commission Re: 3 dimensional signs C: Bill Molnar, Community Development Director Ann Seltzer, Management Analyst and staff liaison to the Public Art Commission The Public Arts Commission respectfully proposes an alternative recommendation to the recommendation of the Downtown Task Force to modify the current sign code and allow 3 dimensional signs outside the downtown core of up to twenty cubic feet. The Downtown Task Force's recommendation #2 provides for two scenarios: allowing 3 dimensional signs in the downtown and historic districts limited to three cubic feet and allowing 3 dimensional signs located outside the downtown area and historic districts up to twenty cubic feet. In both scenarios, the object must be placed on private property. We feel the allowance of 3 dimensional signs significantly increases the risk of visual clutter and the unintended consequences are greater than the potential benefit to Ashland businesses. The Task Force admirably strove to accommodate the existing non-compliant 3 dimensional objects (lion, teddy bear, and waiter). The lion would be accommodated under recommendation #6 allowing "functional objects", the bear would be accommodated under recommendation #5 allowing the display of merchandise on public property for a rental fee and the chef/waiter accommodated under recommendation #2 allowing 3 dimensional objects up to twenty cubic feet outside the downtown core and historic districts. 1 All three of these existing items are objects with no blatant commercial message (words or logos). These generic objects are not associated solely with the business. However, since regulation of sign content is prohibited there could be a preponderance of 3 dimensional objects with blatant commercial messages that clutter Ashland's visual landscape as businesses seek greater exposure and visibility. If 3 dimensional signs are allowed, they likely would have strong and obvious references to the business, graphically (doughnuts, tires, pizzas, and cameras) with or without words. Or the 3 dimensional objects might only contain words ("TIRES" spelled out oflarge letters that appear to be made oftires). Either way, the potential for eye clutter is great. This effect would likely be exacerbated where businesses are clustered together (shopping centers). Given that the recommendation is an opportunity for an additional sign of significant size, the opportunity for businesses to take advantage of this for advertising purposes is great. It is understandable that business owners want to draw attention to their business as a means of attracting customers. In lieu of the Task Force recommendation #2, we believe an appropriate, artistic and aesthetic way to accomplish this desire is through the placement of public art. After adoption of the Public Art Master Plan, the City Council requested the public art selection process be codified. The revised and expanded public art ordinance will go to the Council for first reading in early December 2008. The ordinance allows for the placement of public art on private property (through an easement) and includes guidelines for selection including: "The artwork shall not promote goods or services of adjacent or nearby business." Through the public art process, content of the piece is managed via criteria set forth in the request for proposal and via the guidelines established in the ordinance. A selection panel, separate from the public art commission and comprised of a variety of persons selects the winning design and makes the recommendation to the PAC who brings it forward to the City Council for final approval. This method of soliciting and selecting 3 dimensional objects helps to protect the visual aesthetics of the community and provides an opportunity for businesses to call attention to their business in an attractive and noncommercial way and enables the city to retain some level of control over the appearance, message and content. While the objects would 2 not be advertising for a specific business, it could serve the same purpose of drawing customers: people making a point to go to view the art and then visiting existing businesses; or serving as a point of reference when providing directions to a business or location. The art might be a mural, a mosaic, a kinetic piece, a three dimensional interactive piece etc. It would serve to draw the customers rather than a collection of advertising signs. Should the Planning Commission decide to move forward with the Task Force recommendation of 3 dimensional signs, the Public Art Commission encourages the Planning Commission to impose a one year review of the amendments versus the two year review as proposed by the Task Force. A two year review allows time for a significant number of 3 dimensional signs to be installed - and regardless of the review outcome those signs will no doubt be in place for years. Further, the Public Art Commission urges the Planning Commission to carefully evaluate the proposed dimensions, (the difference between a 3D 'object' and a "fat" 2D sign), and consider the possible unanticipated consequences (giant 3D hamburgers). Thank you for your consideration of our position and suggestions. 3 Letters 9-16-08 Soundpeace 199 East Main St Ashland, OR 97520 Dear Ashland Planning Commissioner, I write this letter as the downtown business owner of Soundpeace and as someone who works and shops downtown. There is before you a proposal for a revised sign ordinance. One issue that has not been addressed that relates to Soundpeace is the Tibetan Prayer Flag that we have flown in front of our store in the garden on private property for years. We have never had a single comment from a customer or passer by that this flag was in any way offensive. In fact when we were told to take the flag down we posted a petition in our store asking that the flag be allowed. Hundreds of people signed the petition in just a few days. Locals and tourists alike were shocked that Ashland had banncd thc praycr flag from flying. W c have since submitted that petition to the committee that was formed this summer to review the sign code. My understanding after talking with the very helpful Adam Hanks is that the flag would continue to be banned under the proposed ordinance. I am requesting that you write into the ordinance a specific exemption for Tibetan Buddhist Prayer Flags. Currently the city permits the American Flag and flags of the City and State. If you can exempt those flags then why not the Tibetan Buddhist Prayer Flag? I am assuming the city has already exempted the Tree City USA flag that flies at the Police Station and that therefore it is lawful to specify certain types of flags that are not governmental. I am hoping that somehow the City of Ashland can find a way to permit a colorful flag in a garden whose simple prayer is that all beings may be blessed with peace, compassion, strength and wisdom. Thanks for your consideration, Steve Cole @75120'58YAdam--Han'ksn=nCha-Pt~;:n_1'8'n~-put=~=_,n-=-~=,~=~~~__~'m_m_~~_~=__m'~=~,=_~=~~~_':n_=~ From: To: Date: Subject: "Wolf Packs, Inc." <traildog@wolfpacks.com> <hanksa@ashland.or.us> 8/5/08 2:55 PM Chapter 18 Input Dear Mr. Hanks, I have been a resident of Ashland for nearly 20 years, as well as the president of a successful mail-order business. I can not attend meetings, as I live outside of town and am the mother of a young child. Still, I would like to have my opinion heard and considered in connection with Chapter 18 regarding the removal of displays outside of businesses in town. I have traveled extensively in my lifetime and Ashland has a special feel, unlike any other place I have seen. Part of this has to do with the fun and unusual displays, both inside and outside various local businesses. Wiley's World's standing plaster mascot Alfredo has greeted countless children and parents for just about as long as that establishment has been serving their customers. My four year old daughter always stopped to have a conversation with the lion in front of Black Sheep, even before she could talk. I have seen the bear at the Chocolate Factory and the giraffe at Bug A Boo bring smiles to old and young alike. The toys displayed in front of Earth Friendly Kids always drew my eye, and I would occasionally stop to buy something because I saw it while driving by. This new enforcement requiring the removal of so many creative displays does nothing but put Ashland into an all too common, mundane class of cities. By clipping the wings or our small business owners, the artistic feel of the town is diminished. Supporting our local businesses is certainly in the interest of the City of Ashland, as without the little guy, our town could easily become unremarkable and common, Please count this message as three requests (from me, from my husband, and from our daughter) to allow our iconic friends to once again grace the city of Ashland. Respectfully - Linda von Hanneken-Martin WolfPacks.com - Gear for Working Dogs Phone/FAX: 541-482-7669 web: http://wolfpacks.com email: traildog@wolfpacks.com Page 1 -----~-------~-~-----------~--- Request for change to Sign Ordinance of the City of Ashland. Background I moved my family to Ashland (wife and two daughters - 6yr and 2yr) about 1 yr ago. I opened Endless Massage to bring an inexpensive and effective option for improved health to the community and our visitors. We have 4 employees who value and enjoy their jobs, customers who have greatly benefited from our services, advertising vendors whom we support, an office space lease, and actively contribute to groups in the community. I respect the ambiance of the town and believe new business owners can be trusted to promote themselves so these types of signs can be permitted with newly defined parameters. Problem statement Starting a business is difficult; a poor economy makes this more difficult. We are trying to gain awareness in the community. In addition to all our other advertising, we put up a sandwich board (see picture on back) and it has dramatically helped our business. The sign is within the footprint of the building, does not obstruct pedestrian traffic, and is simple and tasteful in design. When removing the sign at the direction of city officials, we saw a huge drop in revenue such that if we are not able to keep the sign outside while we develop a customer base. we will not be able to remain in business. I would be happy to provide corresponding sales reports to support this. Our location is such that this is a vital component to our advertising and exposure. Suggestion The city could allow the use of sandwich board or similar signs within defined parameters: · Limit size to 3'x2' · Must not impede pedestrian flow · Colors and verbiage to be approved by city · Permits for 6 months Thank you, Dave Alexander 541-488-9600 dave@endlessmassage.com Charter Amendment F".' Limited Government Any Protecting Freedom This Amendment Limits Government And Prevents Any Ordinance From Becoming An Unneeded And Unwanted Bureaucratic Restriction On Individual Freedom And Business Success We The People hereby establish that every human being has inalienable rights to life, liberty, and the pursuit of happiness. These inalienable rights are individual freedoms. We The People hereby establish: That government is best that governs the least. The corporation known as City of Ashland shall pass no .law restricting the inalienable rights of the people or individual freedom without a clear showing of a compelling and overriding public interest. To ensure transparency, every law restricting individual freedom shall state in the law the specific public interest that would be compelling enough to override individual freedom. The public interest shall be stated narrowly and unambiguously. To ensure limited government, a government restriction on individual freedom shall be specifically and narrowly limited to that compelling and overriding public interest. The public interest and corresponding restriction shall be interpreted in their narrowest meaning. To ensure that the government restriction is based on a compelling and overriding public interest and not an unnecessary and unwanted government intrusion into the lives of a free people, every law that restricts individual' ' freedom shall be approved by a majority of the electorate at a regularly scheduled election. To ensure the people have adequate time to understand, question, and discuss the proposal, any law submitted by the government to the people that restricts freedom shall be submitted in its final form, including and not limited to ballot title, summary description, and all supporting documents, at least 120 days prior to the date of the election, and shall be posted the same day to the city's internet web site with an easy-to-find link on the home page to the full text of the law and all supporting documents. Between the date of filing and the date of election, the city recorder shall provide without restriction, without forms, without questions, and without charge a paper copy of the law to any individual who requests it in person. Sign Ordinance We The People hereby establish 2 public interests compelling enough to warrant sign restrictions. Public Interest 1: Overwhelming visual clutter. We The People hereby establish that the quality of life and' economic interests of our community are best served when Ashland's special charm and historic character are not overwhelmed by the visual clutter of business signs. We The People recognize that each business has the right to advertise their uniqueness, location, hours, products, and services. To allow businesses to promote their financial interests while maintaining a community without overwhelming visual clutter of business signs, We The People establish the following sign limitation. Restriction For Public Interest 1. Ashland businesses with frontage shall be limited to signs covering no more than _ square feet (2/1.5/etc.) per linear foot of frontage. "Frontage" shall be defined as "any building side where the public enters and exits". To protect Ashland's historic character, businesses in an historic district shall be limited to _ square feet (1.5/1.0/etc.) of signs for each linear foot of business frontage. Every business shall be allowed a 3-dimensional symbol that is no larger than _x_~, so long' as that sign is made of safe and durable materials [defined below], is on private property, and does not damage the public safety of pedestrians or others. ' Public Interest 2: Business window transparency. We The People establish a public interest in the window transparency of businesses with a public entrance. When a business with windows is open to the public, We The People have 2 public interests in being able to see through that window to the interior: (2a) to increase human interactions with pedestrian friendliness and thus build community, and (2b) to allow the public to see in advance the situation into which they are entering, thus increasing public safety. To allow businesses to post window signs while protecting the public interest for business window transparency, We The People establish the following sign limitation. Restriction For Public Interest 2. Windows of ground-floor businesses with a public entrance shall not be visually blocked by more than _% (30%, 25%, 35%, etc.) of the window area at eye,..height, defined to be between 3' and 7' [or some other eye-height measurements that includes children and adults, including those in wheel chairs]. This blockage includes signs, shades, curtains, merchandise, or any other visual blockage. [Add special condition for second floor businesses, alley businesses, etc.] [Add definition of materials for 3D signs. Exclude lighted plastic, etc..] Draft To Show Approach, 2008Aug11 Support Staff, And Solve The Prol m , , " ' I continue to read and hear attacks on Adams Hanks and Dean Walker, who are responsible for code enforcement. Adam and Dean are city employees paid to do the job they've been directed to do. Harry Truman had a sign on his desk "The Buck Stops Here". In Ashland, the buck stops with the mayor, who by charter is the Chief Executive Officer of the corporation known as City of Ashland, and who directs code enforcement employees. We need to stop scapegoating staff who are not responsible for this situation, and focus our energy ori solving the core problem. We need to stop dancing around the edges to make a few ininor sign changes so we can "feel" involved. The law as amended by this task force would not pass a majority vote of the people because if doesn't solve the core problems. Adam and Dean are doing their jobs. It's time for us as Citizens of Ashland to do ours, which is to hold the mayor accountable, and work together to rewrite the entire sign code as a simple, understandable law in the public interest that would pass a majority vote of the people, as it should in a democracy. Problems Of The Sign Code As Amended By The Task Force, And Task Force Decisions It's still not understandable, even by those who've been to 5 meetings and spent 20 hours on it. It doesn't solve the core problems. . It doesn't identify the public interests that would warrant restricting individual freedom and increasing business costs. It doesn't resolve issues behind most of the 55 or so noncompliance letters. It doesn't answer the questions of businesses or taxpayers for why so much tax money is being spent on this item rather than higher priority items. It perpetuates the overkill restrictions that go far beyond the public interests re clutter and transparency. It perpetuates ambiguity in the current law that prevent staff and businesses from determining with :;pecificity whether their signs do or don't satisfy the sign code. This ambiguity and resulting discretion :reates 'negotiations' between businesses and staff, and results in charges of favoritism and unequal 2pplication of the law (Wiley's Waiter gets dinged, barber poles do not; some businesses are allowed neon :;igns, others are not; etc.). It perpetuates multiple sign categories and expensive bureaucracy without a guiding public interest. It continues restrictions on "exempt signs". How strange to write restrictions on signs that are exempt ~rom the law. It transfers liability for government property to businesses through "hold harmless" legal agreements that 'equire Ashland businesses to bear attorney costs for acts of government, ,whether proper or improper. It transfers maintenance costs for government property to businesses by requiring maintenance ~greements forcing Ashland businesses to bear maintenance costs for property that the government owns. It transfers control to resolve core issues to the Planning Commission, where the 2 mayoral candidates m the task force have more influence. My message to the task force is the same as my message to the Charter Review Committee: You can't let there from here. The process you're using won't solve the problem because you're not building the law )ased on the majority will of the people. The amended law wouldn't pass a ballot. We need to go a different direction. Let's rewrite the law as Citizens in the public ihterest, by identifying he public interests that warrant sign restrictions, and limit the restrictions accordingly. We Citizens can write a simple, understandable law that finds the balance between business freedom md limited public interests re visual clutter arid window transparency without creating the current )ureaucratic nightmare for code enforcement and 'negotiations'. \rt Bullock )fthepeopleeditor@gmail.com 488-3366 -hat's GUV-DEMOcracy !"rrJ~II~ ~ :;O~~~ To Whom It May Concern ~y My name is Matt and I owned and operated Rare Earth on the Plaza for over 39 years until controlling interest was sold to Marcy several years ago. I am for the time being still the landlord of the Perrine's Building and Old Simpson's Hardware Building, We lease to some of the oldestlbest merchants and tenants on the Plaza, regarded as fuends and associates for over 25 years. I have always been more of a merchant than a landlord and it is reflective in the terms I offer my tenants considering the every rising costs in fees, taxes, insurance, utilities, employees and benefits being imposed by the City, County, State and F eds. These rising costs coupled with the dramatic loss of sales (over 60% in the last 5 years) are severely impacting many businesses ability to survive in Ashland. We did not downsize Rare Earth out of personal wishes or for fun!! We, thankfully, downsized in time to survive the lack ofleadership and the obvious lack of concern for the downtown business community's needs! It is not the price of gas or the tourist's attitudes; it is not the economy or a lack of knowledge in the business community. It is the lack of leadership to provide healthy direction, convenience and accessibility to the downtown for its citizens, guests and especially our neighboring communities. We have demonstrated an intolerable arrogance and lack of cooperation towards our neighbors on many levels, It is no wonder an attitude has emerged from one of pride and almost envy to becoming laughing stock within a few short years. Ashland is a tourist town with nobody waiting in the wings to save us from the very amenities that attracted many of you to relocate to Ashland in the first place. Why are we now condemning those amenities and gains that tourism has facilitated in our community? The result is that Ashland no longer has "value" and is not competing well in the tourist market, not because of the lack of a desire to visit by others but because of the limitations being imposed by ignoring those needs of a community based on tourism. Ashland is no longer envied or admired as an example of a balanced and thriving community. How many of you say, "Oh, I don't go downtown because of the congestion and incivility" or "I'm sick of paying the only sales tax in Oregon to bail out more city waste" or "They do not have anything I want downtown," when you haven't even looked in years? We hear this from many people throughout the valley. Oh yes, people come to town for a play, parade or other special event but because of the negative attitude oflocals spurred by their leaders, no parking, excessive taxes and ticketing they do not "stay, play and shop" any longer. Why would leaders of any community tolerate this untenable and destructive situation to its business community? We are suffocating from a City that won't grasp the fact that accessible adequate parking is essential in Ashland and we are paying dearly for that neglect because of a few who have wasted the community's resources, integrity, and time on social engineering projects that have not yielded meaningful and realistic results or positively impacting our community after spending millions while forgoing the security of a solid infrastructure. As a thought to contemplate, South Shore Lake Tahoe accommodates 12 million diversified tourists every year with their population of 32 thousand living in a pristine area successfully and environmentally. The problems of water, recreation, environment, growth, community, housing, a vision and business needs were positively impacted years ago with a little cooperation from all concerned. The acknowledgement was that no one is always right and compromise is the road to success and a benefit for all by simply stimulating the engines of a community. Meaningless arguments over conditions that can not be impacted or resolved are a waste of time and money. If individuals wish to follow a lifestyle, that is their free choice, but to condemn an entire community to the same limitations are nonsense and counterproductive. Tahoe asked each group to defend the others positions and compromised a settlement based on that position. The result produced a level of sustainability with their neighboring communities as a reality not just lip service or political dialogs in meetings and propaganda sessions. They established that using private entrepreneurship to resolve problems does work best while acknowledging the responsibility and duty of any viable city is to provide the community with practical functioning infrastructures, educational opportunities, maintenance of public property/open spaces and public safety at a "reasonable and affordable cost" The social amenities that Ashland claims to desire, but can not afford, are being financed there by the successful enterprises and cooperation within the business community. Certainly a city should contribute alternative ideas but in Ashland's case any attempt at success without adding convenient accessible workforce and visitor parking will remain fleeting and unattainable. No debate has or will change that reality! I have heard every cliche and excuse the City can muster over the last 25 years and the end product is always the same: More failures, more excuses, more meetings, more wasted time, and more money to avoiding the obvious! If the purpose or intent of redundant dialog over the obvious is to destroy and obstruct what once was a world-class community congratulation, they are winning! But if Ashland is to once again be "Gem of Southern Oregon," one real need of the downtown would be parking! Get a grip folks; there is no significant economic diversity on the horizon that has or can survive this leaderships meddling and anti everything referendum. That leaves what is left of tourism and like it or not the car is the only viable way for any guests, workers and citizens to enter Ashland. The car is not going away any time soon but it will be improved. There are autos that get upwards of a hundred miles to the gallon and others that do not use gas at all. It is only a matter of time as this Country sets the definitive goal with real cooperation from the very business community they condemn. Tata Motor from India has already developed a compressed air car that goes 70+ miles per hour, a range of 200 miles without gas, and a 600+ mile range at 78 miles per gallon with a hybrid gas compressed air combo. It cost about $7500 for the basic model and set to sell overseas next spring. If realistic solution including adequate accessible parking were forthcoming, the downtown businesses and property owners would be very willing to cooperate on any level required. It must be made very clear and understood that attempts to add non-related agendas will sever any cooperation. Stop confusing affordable housing or other social problems with downtown parking needs. These are separate issues with very different solutions. The infill myth that the City Planning Department runs is as flawed as their growth myth in the recent past Concentrate time and money on those things that actually can be affected and cause meaningful change, like parking, will guarantee success. There is a lot of work to be accomplished if Ashland is to do more than just survive. It needs to regain its credibility, competitive edge and desirability. To procrastinate will only hasten the continued collapse of a once thriving and desirable community that has succumbed to the fantasy of obstructionism and lying by omission as a path to success. You can be sure that it is not going to be pleasant to anyone living or owning anything in Ashland ifwhat is occurring continues. Personally, I do not think the City has the will or desire to work with or support their business community. They certainly will not listen to those of us who are on Main Street and are trying to survive their mandates, taxes, tickets, user fees, rising costs, codes, ordinances, lack of parking and general incivility. We need to get back on tract, get realistic about the damage that has been done to our community's economy and the need for adequate accessibility workforce and visitor parking before we become just another wasteland of bad ideas and dreams of what could have been. Following is a simple list of possibilities that might help to get Ashland back on the tracks if enacted sooner rather than later. The list is by no means meant as complete, but could help set a new tone for cooperation and consideration of our guests and citizens that wish to enjoy the amenities of Ashland. 1) Change the Nutley Street parking lot (ice skating lot) and Windburn Way's head in parking at Lithia Park to 2 hour near the Plaza and 4 hours from the playground to the band shell. Place both in the downtown-parking zone with limited parking between 9:00 to 5:00 from Memorial Day to Labor Day. 2) Change the Water Street parking lots to 2 and 4 hour. Place them in the downtown parking zone with limited parking 9:00 to 5:00 from Memorial Day to Labor Day. 3) Encourage and promote Park and Ride areas at the North and South Interchange when the overpasses are rebuilt by ODOT. Get a grant of finance with ODOT and the county's help. Strongly consider the feasibility of a free City shuttle and/or better bus services throughout Ashland from Memorial Day to Labor Day, It would be advisable and courteous to have added bus service during major special events and parades like Halloween, 4th of July and Festival of Lights. 4) Immediately consider where to put additional parking downtown and implement on a fast track. From the 1988 downtown plan Ashland is a 1000 space shy of satisfying the minimal needs in the downtown. We may never reach this goal but it is essential we try and have an official short and long term plan to add needed parking in the core downtown areas. If two people per car rotate through a parking spot downtown for the two hour limit just 8 hours of a 24 hour day and spend an average of $1 00 per person on shopping, dinning and entertainment the potential revenues gained from a single parking place from June thru October is $144,000 per year. When you consider that we are 1000 parking spaces short we are depriving our community of an enormous amount of money and higher paying job opportunities by not giving our citizens, guest and workforce what they. want and need---more adequate accessible downtown parking! 5) Stop ticketing employees, city staff, merchants and owners when they are off work playing, shopping or dining downtown. It is just wrong to ticket them when they are not working and within the parking guidelines others must follow. Parking agents can keep tract with warning tickets that state if they are working they are not to park in the downtown zone and if an individual is obviously violating that rule with excessive warnings, ticket them. During business hours for needed stops allow employees and owners to place a note or form letter from the city on their vehicles for a 15 minute temporarily picking up or delivering courtesy, ifviolated ticket them. 6) A complaint I have heard: the City excludes themselves from the impact of the problems they help create. They should share in the demands placed on others, yet they manipulate and ignore codes, ordinances and laws they've place for their benefit and a chosen few. Everything from parking permits for themselves, to blackberry abatement, riparian codes, and business license requirements, banner/sign ordinances, encroachment permits, allowing retail sales and concerts in an R2 residential family zoning without parking requirements or review standards are approved by the City while businesses on the Plaza are threatened into submission for the smallest infractions that, more often than not, are literally meaningless and the hobgoblin of little bureaucratic minds rationalizing their jobs and flexing their power. 7) Another point of interest ---many Plaza businesses do not allow their employees to park downtown even in the area and times allowed. They park only on Granite Street or above when working. They are well aware of the problem for customers and are in the forefront when trying to provide for their needs. Thank you for your time and consideration, Matt /tA4t-(--7- /7 - 08 3311. J1# ",' /kit. f~' (" ~),; c... 1-) fftU _ cJ 1'1- J'~ _ C9 J ~<J 2 May 2006 Ashland City Council 20 East Main St Ashland. OR 97520 310 Oak Street clo P.o. Box 201 Ashland, OR 97520 Re: Sign code revision for buildings with more than two business frontages Dear Council Members. Please see the following pages regarding the sign code revision forwarded to you in the summer by the Planning Commission. V'>le beUev"e \va understand the principal concern of the Council. and we added language to ensure business frontages in excess of two will not be as prominently "signed" as the two primary frontages. An allowable sign area of 50% for the third business frontage and 250/0 for the fourth business frontage business frontages of what might be permitted for the two designated primary business frontages should enable a business to idenUfy itself. lessen the visual impact. and deal with unintended consequences. it seems that it is likely that trying to restrict the number of signs any given business may have to two sides of a building may be a restriction of content. Th~s, since it ia apparent that there are buildings that have business frontages on more than two sides, the best way to deal with undesirable impact is to reduce the size permilted. OUf tenants at 130 "A" Street do want. need and deserve signs. We hope this modification will ensure they may have them soon. We do not believe sign applications should trigger site reviews. Other applications already do that TIl8nk you. JUL 4: '; ) ) Sincerely. ,~~~~~~ Brent Thompson 488-0407 Barbara Thompson . p/~AL{- ~ ~ /?fi. ~~ tFl-- ~ . ~~~~ -#~. .~h~ " o'l a&'r SECTION 18.96.080 Commercial-Downtown Overlay District (C-1-D). Signs in the Commercial-Downtown Overlay District shall collfonn to the following regulations: A. Special Provisions. ' 1. FrOlltage. The number and use of signs allowed by virtue of a given business ~ frontage shall be placed only upon such business frontage. and -ae--building shall be T r Qr8GiteG 'l.'ith mora thaH tV/a 9\iSHteS8,.if@RtagiEifor buildings with multiple business frontages the sign area for business frontages exceeding two shall be 50% for the Ulird side and 25% for tile toUrUl side of tile normal area pennitted. 2. Aggregate number ot signs. The aggregate number of signs for each business shall be two signs for each business frontage (a frontage with an entrance/exit open to the general public). 3. Material. No sign in the Commercial-Downtown Overlay District shall use plastic as part of the exterior visual effects of the sign. 4. Aggregate area of signs. The aggregate area of all signs established by and located on a given street frontage shall not exceed an area equal to one square foot for each lineal foot of street frontage. Aggregate area shall not include nameplates, and real estate and construction signs. B. Types of Signs Permitted. 1. Wall Signs. a. Number. Two signs per building frontage shall be permitted for each business, or one sign per frontage for a group of businesses occupying a single common space or suite. b. Area. Total sign area shall not be more than one square foot of sign area for one lineal foot of legal business frontage. 111is area shall not exceed sixty square feet. c. Projection. Signs may project a maximum of eigliteen inches from the face' of the building to which they are at.tached, provided the lowest portion of the sign is at least eight feet above grade. Any portion lower than eight feet may only project four inches. d. Extension above. roof line. Sings may not project above the roof or eave line of the building. 2. Ground Signs. a. Number. One sign, in lieu of a wall sign, shall be permitted for each lot with a street frontage in excess of fifty lineal feet. Comer lots can count one street frontage. Two or more parcels of less than fifty feet may be combined for purposes of meeting the foregoing standard. b. Area. Signs shall not exceed an area of one square foot for each two lineal feet of street frontage, with a maximum area of six,ty square feet per sign. c. Placement. Signs shall be placed so that no sign or portion thereof shall extend beyond any property line of the premises on which such sign is located. Signs on comer properties shall also comply with the vision clearance provisions of Section 18.96.060(F). d. Height. No ground sign shall be in excess of five feet above grade. 3. Marquee or Awning Signs. a. Number.. A maximum of two signs shall be permitted for each business frontage in lieu of wall signs. b. Area. Signs shall not exceed the permitted aggregate sign area not taken up by a wall sign. Meeting Minutes Ashland City Council: September 2, 2008 Downtown Task Force: August 11, 2008 August 4, 2008 July 28, 2008 July 14,2008 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 2008 Council Chambers 1175 E. Main Street Excerpted Section pertaininq to the Downtown Task Force Recommendations NEW AND MISCELLANEOUS BUSINESS 1, Should the Council accept the recommendations of the Downtown Task Force relating to employee parking restrictions in the downtown area, proposed changes to the City's sign code and permissible use of public sidewalk area, and direct City staff to prepare ordinance language for review and adoption by the Planning Commission and City Council, as necessary? Community Development Director Bill Molnar presented the staff report that included background information on the issues reviewed by the Downtown Task Force. These issues were related to employee parking restrictions in the downtown, sign code and permissible use of the public sidewalk area. Pam Hammond, Chair of the Downtown Task Force, Adam Hanks, Permit Center Manager and John Stromberg, Chair of the Planning Commission presented the summary report that included the following 9 issues along with recommendations: Issue #1: Particularly in the Downtown area, the current limitation of two exempt signs per business, with each sign not exceeding a size of two square feet, does not seem to meet the needs of many local merchants. Recommendation: Increase the number of exempt signs from two to three; increase the third sign from two to three square feet. Issue #2: The Sign Code currently prohibits three dimensional statues, caricatures or representations of persons, animals or merchandise from being used as a sign or incorporated into a sign structure. Recommendation: For properties within the Downtown or one of Ashland's four Historic Districts, allow one of the three exempt signs to be three-dimensional; allow an additional exempt 3-D sign for properties outside the Historic Districts with a volumetric maximum. Issue #3: Some businesses, by virtue of their physical location and entrances, such as smaller side streets and alleys, have limited signage opportunities along the main streets within the downtown area. Recommendation Increase the maximum distance that a sign can project from the building face from the 18 inches to 24 inches. Discussion on these issues: Permit Center Manager Adam Hanks responded to an inquiry regarding issue #3 and explained the 24-inch sign could display on the front side of buildings for shops located down alleyways, etc. City Administrator Martha Bennett explained that Council could only regulate time, place and manner of signs, not content. Issue #4: Sign Code compliance efforts have included enforcing the current prohibition on off- premise signs, generally consisting of the placement of temporary, movable signs (i.e. sandwich boards) upon the public sidewalk or other public property. Some merchants feel that due to specific characteristics associated with location of their business frontage they lack adequate exposure. Off-premise signage is one means of drawing attention to the business location. Recommendation: Create a set of policies and implement guidelines for the placement of information/directional signs by the City in the right of way or other publicly controlled property. Issue #5: The use of the public right of way, for private commercial use is limited by the Municipal Code to Sidewalk Cafes (AMC 6.44), which may not be the most equitable method for allocation of our limited public resource, downtown public sidewalks. Recommendation: Amend the ordinance to allow any abutting properties (within a commercial or employment district) the opportunity to obtain a permit for private use of a portion of the public sidewalk, as long as merchants meet specific public safety and access standards. Issue #6: The business community has noted that there is inconsistency within the encroachment permit process, which does not have clear standards for what types of functional objects are encouraged, allowed or legal for placement upon a city sidewalk or within the public right of way, Recommendation: Create an ordinance or an appropriate approval process by which specific functional items may be established upon the City sidewalk. It would be contingent upon the items meeting City specifications, as well as retaining minimum clearance, public safety and placement standards. Additionally, Council would direct staff to explore an exemption to have free use of the shy zone, the area along the sidewalk within the 12 to 18 inches of the building face, for placement of such amenities as flower boxes, doorstops, etc. Issue #7: The proliferation of newspaper and other miscellaneous publication racks within the downtown is creating a variety of problems, both functional and aesthetic. Recommendation: Create an ordinance specific to installation of newspaper and other publication racks. Discussion on these issues: Ms. Hammond provided examples for Issue 5 explaining merchants could display fresh flowers, t- shirts, etc. Concerns regarding regulations for the Sidewalk Sale and cafe tables were noted. City Attorney Richard Appicello explained they would address permits for the sidewalk sale when they expire. Ms. Bennett explained that cafe tables would come to Council as a right of way issue later. Issue #8: Downtown business owner and employees are frustrated with the seemingly inconsistent enforcement of the downtown employee parking ban and also have expressed concern over its potential overreaching effect of limiting owner and employee access to the downtown area while not at work, Recommendation: Remove the existing seasonal ban on employee parking in the downtown area. Issue #9 The City has several parking management items that need to be resolved to more efficiently administer the downtown-parking program. Recommendation: Create ordinance language that allows the City to tow vehicles that have either five unpaid parking tickets or a total unpaid parking ticket balance of $250. Develop a final, visible, warning placard to be placed upon a vehicle at least 24 hours prior to the vehicle being towed. The Task Force does not recommend the use of a booting/immobilization device over the option of towing the vehicle. Discussion on these issues: Mr. Appicello explained that the ordinance would allow noticing for individuals who had five violations prior to towing or booting the vehicle. The Task Force identified additional issues for consideration that allocate staff resources to review sign code amendments every two years and exempt Public Art from the sign code, sign code review and education. Brent Thompson/582 Allison St/Submitted a letter from Garrett Furuichi that requested a modification to the sign code. He asked Council to add an exception that would "allow signage on the side of the building that is the primary entrance or only entrance to the business." Currently signs are precluded on the third or fourth sides of a building. Jeff Compton/770 Acorn Circle/Owner of Rocky Mountain Chocolate Factory. Stated that the Task Force was too restrictive. The City can dictate what goes outside of his business but not inside. George Kramer/386 N Laurel/Encouraged Council to add language to the code that would allow signs where the entrance to a business was on the side of a building. He commented that the sign code was complicated but necessary and that the Task Force had attempted to make it a little better. Councilor Hartzell asked that Staff reconcile the word "prohibited" versus "exempt" in Issue 2. Councilor Hartzell/Chapman m/s to accept recommendations of the Downtown Task Force and direct staff to develop a work plan and timeline for developing implementing ordinance language that addresses Task Force recommendations with the addition of what was noted by the City Administrator as well as the question raised about signs on non-dominate sides. DISCUSSION: Councilor Hardesty commented that the Task Force had accomplished a lot and it was worthwhile. Councilor Navickas was not sympathetic to the proposed changes, stating they seemed more a reaction to staff enforcement and Council should be very careful about creating legislation around these recommendations. Councilor Hartzell emphasized that the intention was to send the recommendations to the Planning Commission for another committee review. Councilor Silbiger appreciated the businesses that complied when informed of their sign code violation, Mayor Morrison said the purpose for forming the Task Force was to find a middle ground between the need for regulation and the need to re-examine. The Task Force did a tremendous job even though not everyone was happy. He complimented Pam Hammond and the committee on completion of this task. Roll Call Vote: Hartzell, Chapman, Navickas, Silbiger, Hardesty and Jackson, YES. Motion passed. DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 1 of 4 DOWNTOWN TASK FORCE MEETING MINUTES AUGUST 11, 2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:00 p.m. in the Siskiyou Room, 51 Winburn Way. She announced this is the sixth and final meeting of the Downtown Task Force. Members Present: City Staff Present: Pam Hammond, Paddington Station, Chair Bill Molnar, Community Development Director John Morrison, Mayor Adam Hanks, Permit Center Manager Renee Compton, Rocky Mountain Chocolate FactoryRichard Appicello, City Attorney Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce John Stromberg, Planning Commission Dana Bussell, Public Arts Commission George Kramer, Citizen at Large Don Laws, Citizen at Large Dale Shostrom, Citizen at Large Absent Members: Dave Dotterrer, Planning Commission PUBLIC COMMENT Art Bullock/ Submitted written comments to the group and draft sign code language he prepared. He commented on the public interests which he feels are not represented in the sign code and explained the two primary interests are: 1) overwhelming visual clutter, and 2) business window transparency. Melissa Markell/Public Arts Commission/ Questioned if the Task Force would be addressing public art on private property. Hammond noted the staff memo distributed on July 17 by City Administrator Martha Bennett and stated the memo outlined the process for how this issue would be handled. City Attorney Richard Appicello noted they were going to recognize that art accepted by the City is not subject to the code, and the sign code would be amended to make this clear. Bussell expressed concern with the lack of discussion on this issue and felt this recommendation should be further debated by the Task Force. Kevin Christman/ Expressed concern with the prohibitions against displaying art and stated the current sign code does not permit the display of art to any capacity. Mr. Appicello explained this issue would be included with the public art policies and procedures that will go before the City Council in September. Stromberg stated this issue would be debated by the Planning Commission and the Council, but not this Task Force. Lloyd Haines/ Commented on public art and recommended any language that comes from this group include an expansive statement so that it does not get construed when it gets to the Planning Commission and City Council. J. Ellen Austin /Asked if she was in violation for having art displayed outside her gallery, which is located in a residential neighborhood. DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 2 of 4 Mr. Appicello stated residential zones need to be addressed in the sign code; however he does not feel it is appropriate for the Task Force to handle this issue. Bussell/Stromberg m/s for the recommendations to the City Council to include a recommendation to exempt public art from the sign code and to have its own process developed at a future date. DISCUSSION: Voice Vote: all AYES. Motion It was noted these two actions will need to be concurrently. passed. RIGHT-OF-WAY DISCUSSION Mr. Appicello addressed the proposed ordinance amending regulations concerning use of City sidewalks. He explained the ordinance does not distinguish between residential and commercial use and would allow individuals to pay the designated rate for use of the sidewalk. He clarified he did not include a list of what items would be acceptable and stated he only addressed “who” can lease the space, not “what” can be placed there. Stromberg summarized the Task Force’s previous discussions on this issue and stated there were three main points: 1)The City would have to broaden the sidewalk café restrictions in order to allow for other uses, and the City would apply a market rate charge for use of the sidewalk. 2)Some of the objects placed by merchants in front of their stores were in the public interest (planter boxes, etc.), and these objects would have to be donated to the City. The City would establish criteria for this, and there would be no charge. 3)They would allow certain 3D objects that fit within certain size parameters that had some functional use. Mr. Appicello stated the public arts ordinance would address the process on how to accept art and stated he did not see the need to write a regulation on how the City would regulate the placement of items. He stated there is no obligation on the part of the City to have to accept an item and stated the City can accept donations and place items where ever they feel is appropriate. Kramer commented that the intent of this was to allow merchants to beautify their areas. He expressed concern with the proposed ordinance and stated he does not know why they are creating more rigmarole. Hammond agreed and stated the ordinance does not accurately reflect the Task Force’s desires. Mr. Appicello shared his concerns with designating “what” in the ordinance and noted a case that will be argued in front of the Supreme Court on this issue. Stromberg questioned if there was a way to apply market rates for part of the sidewalk, by low rates for the “shy zone.” Mr. Appicello stated he understands the group wants free use of the shy zone for amenities and will try to incorporate this, however he is not certain this is permissible. Stromberg suggested they make a formal motion in include this piece as part of their recommendation and ask the Council to direct staff to keep working on this. Laws/Stromberg m/s to recommend that the City Council direct staff to explore an exemption to have free use of the shy zone for amenities (such as flower boxes, door stops, spittoons, etc.) Voice Vote: all AYES. Motion passed. ISSUES RECAP Permit Center Manager Adam Hanks asked the group to clarify their preferences on a few of their previous recommendations. The group issued the following clarifications: 1)The additional exempt sign would be applicable to the Downtown area or within one of the four Historic Districts. 2)The larger 3D sign would be in addition to the existing sign numbers for wall or ground signs. 3)The additional 3D sign would be allowed only in commercial zones outside Historic Districts. 4)The 3D sign will have a specific separate size in addition to the current total square footage. DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 3 of 4 Kramer summarized within the “historic core,” merchants are allowed 3 exempts signs, one of which can be a small 3D sign. Outside the historic core, merchants are allowed 3 exempt signs, plus one larger 3D sign that meets criteria yet to be developed. Mr. Hanks commented on a possible provision regulating the amount of flat surface permitted on 3D objects before it starts to count against the permitted signage amount. Kramer suggested a possible limit of 2 sq. ft. Stromberg recommended they forward this provision back to staff for refining. Hammond noted the proposed ordinance still includes the booting provision and stated this is not what the Task Force wanted. Mr. Appicello clarified no changes were made to the ordinance since the group’s last meeting and affirmed that he understands what their recommendations were. Kramer/Stromberg m/s that despite the language of the proposed ordinance, the Downtown Task Force recommends eliminating booting in favor of towing with adequate notice before hand. DISCUSSION: Laws suggested including language that notifies the vehicle owner that additional costs will be incurred by towing and storage. Municipal Judge Pam Turner expressed concern with the provision that requires vehicles to be moved to a different block in order to avoid a citation. Mr. Hanks agreed that the City needs better signage on this. Mr. Appicello clarified his staff has met with the Judge and are working to flush out some of these practical problems. Slattery noted the importance of placing a large orange sign on the Voice vehicles 24 hours in advance of the towing. Mr. Appicello clarified this was included in the ordinance. Vote: all AYES. Motion passed. Mayor Morrison left the meeting at 3:15 p.m. Kramer asked if they could discuss Issue 7, Encroachment Permit Process, and stated sandwich boards on public right of ways have not been addressed. Hammond stated sandwich boards should not be permitted on public right of way, only in alcoves which are private property. Mr. Hanks clarified sandwich boards are not addressed in the sign code and therefore are not currently permitted. Community Development Director Bill Molnar asked if the group had concerns about opening up the sidewalks for other uses besides sidewalk cafes. Mr. Appicello added he and Mr. Molnar have been working on trying to make a distinction to see if limiting the use of sidewalks to sidewalk dining was possible. Stromberg stated staff previously informed them they could not limit the use of sidewalks to just cafes and this is the premise they have been working under. He expressed concern that this option was not presented to the committee sooner. Kramer agreed and stated he did not know this was a possibility. He added he does not have concerns about rampant selling of merchandise on the sidewalk and stated the City could deal with that problem when and if it ever arises. Stromberg agreed and felt they should go with what they have for now. Laws disagreed and stated if they have a choice, they should only allow restaurant tables. He stated he does not think Ashland would have a desirable appearance if they start allowing these other uses. Mr. Appicello clarified the Council would likely ask about this option, and staff was merely doing their best to be prepared for the Council discussion. Laws noted the email submitted by Brent Thompson and asked why a building can’t have signs on more than two sides. Mr. Molnar stated there are very few businesses in town that have four public streets bounding it and noted the elements that need to be considered when establishing a business frontage. He commented on the concerns behind this provision and gave the example of someone calling a loading doc a public entrance. Compton expressed her concerns with whether this group has really solved the problems. Bussell noted they cannot solve every merchant’s problems and stated these businesses are out of compliance for different reasons. She added this group has been successful in providing additional options to these businesses. Laws stated the purpose of this committee was not to bring everyone into compliance. Slattery suggested the Task DOWNTOWN TASK FORCE – MEETING #5 AUGUST 11, 2008 PAGE 4 of 4 Force include a detailed statement to the Council that describes the “whys” behind their recommendations. Hammond proposed forming a small subgroup of the Task Force to form this narrative. Greenblatt stated this statement needs to be understandable to lay people and stated the community has a misunderstanding about what these meeting are about. Stromberg noted they have not found a solution to the Rocky Mountain Chocolate Factory bear, and stated the bear is symbolic of this whole process. Compton acknowledged that there is no way to allow the bear and not allow worse things elsewhere. She noted the bench and the bear are located in the shy zone and the only way to keep it would be to purchase an encroachment permit, which would cost $50-$100 a month. Mr. Appicello noted staff is attempting to create an exemption in the shy zone for public elements, which would include the bench, but not the bear. Laws stated he hopes staff will continue to look at a way to grandfather in objects that were placed after the law went into effect. Comment was made from the audience suggesting the Task Force remove the minimum square footage provision and allow merchants free use of the shy space. Greenblatt questioned if the sign code could be revisited at a later date. Stromberg noted this would eventually come to the Planning Commission and perhaps they could build in some kind of review process. Stromberg voiced his support reducing the minimum square footage and stated they should include this as part of the package that goes to the Council. He noted if the Council has misgivings, they can request additional information from staff and make a final determination. Kramer/Laws m/s to revise the Sidewalk Café Ordinance to have no minimum rental provision, but rather a processing fee and a per square foot charge. Voice Vote: all AYES. Motion passed. Bussell/Stromberg m/s for the alterations in the sign code to be reviewed after it has been in effect for 2 years. Voice Vote: Hammond, Compton, Greenblatt, Slattery, Bussell, Stromberg, Kramer, and Shostrom, YES. Laws, NO. Motion passed. WRAP UP DISCUSSION Slattery commented that there is a huge education element that goes along with this and they need to find a way to let people know their options. Hammond suggested a statement in the City Source newsletter that identifies someone in the City that could assist businesses with their signage questions. Greenblatt questioned if the Task Force would be given the opportunity to tweak the final report before it goes to Council. Mr. Appicello clarified staff would send out the report to the Task Force members and they will be given the opportunity to submit comments to staff. He cited Oregon’s Public Meeting Law and stated the members must avoid back and forth dialogue through email and should not be submitting their comments to each other. Stromberg asked about forming a small subcommittee to prepare a statement to the Council that captures the reasoning behind their recommendations. It was agreed that Hammond would be able to form a subcommittee if she feels it is necessary and staff would ensure this was properly noticed. ADJOURNMENT Meeting adjourned at 4:30 p.m. Respectfully submitted April Lucas, Administrative Assistant DO W\TOIi\ 11.\1-- FORCE\ffLTfVe; ,-I .1 Ie; IS T -I. J OOh' P-IC,L f 3 DOWNTOWN TASK FORCE MEETING MINUTES AUGUST 4, 2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:00 p.m. in the Siskiyou Room, 51 Winburn Way. Members Present: Pam Hammond, Paddington Station, Chair Renee Compton, Rocky Mountain Chocolate Factory Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce John Stromberg, Planning Commission Dana Bussell, Public Arts Commission George Kramer, Citizen at Large Don Laws, Citizen at Large Dale Shostrom, Citizen at Large City Staff Present: Martha Bennett, City Administrator Richard Appicello, City Attorney Bill Molnar, Community Development Director Adam Hanks, Permit Center Manager Absent Members: Dave Dotterrer, Planning Commission John Morrison, Mayor Hammond clarified the group would be discussing Issues #1 and #2 today, which deal primarily with sign square footage and how it relates to 3D items on private property. She noted they would be addressing the right-of-way issues at their final meeting next week. COMMITTEE DISCUSSION OF OPTIONS Permit Center Manager Adam Hanks provided a presentation to group which reviewed current sign code allocation examples, exempt sign options, examples of 3D signs, and options for 3D objects and representations of merchandise. City Administrator Martha Bennett clarified there are three types of signs: permanent, exempt, and temporary. Mr. Hank's clarified businesses are required to go through a pennitting process for permanent signage and commented on how the allocation of signage is determined for business located on second and third stories. Comment was made questioning if the 20% temporary signage allocation was "on the table" for possible revision. Staff indicated yes, and clarified businesses have to change their signs once a week in order for them to qualifY as temporary signage. Community Development Director Bill Molnar explained the purpose of the exempt category is to provide businesses with additional flexibility. He noted they are unable to separate the display of menus from other signage and stated this starts to get into the content issue. Mr. Hanks noted most businesses can achieve their signage goals and still work within the City's sign code. He added a lot of this depends on how the business decides to divvy up their signage allotment. He clarified "dead space" does count towards the total sign square footage, and noted they would normally draw a rectangle around the wording/image and determine the square footage based on that. Mr. Hanks asked how the group would like to proceed with exempt signs. Compton questioned if they could remove the limitations from displaying signage in windows. Laws commented that this would drastically change the sign code. Mr. Molnar clarified this is an option; however, it would create conflicts with other sections of the Ashland Municipal Code and could cause a domino effect. Stromberg commented that it DOI!.\7011\ 11.)'/\ FORCE \/EETI\GLI .1 ue; UST./, 2 (JOB PAGE 20/3 seems they are drifting away from their original assignment, which was to recommend some common sense, minor adjustments to relieve some of the businesses current issues. Shostrom stated that it is difficult to picture what is legal and what it not, and stated a before and after picture would help determine which is preferred. Hammond suggested they come up with a blanket, square footage signage allotment, based on the size of the building, and allow businesses to use if for whatever they want. She stated removing the exempt and temporary categories would make things much simpler and easier to understand. Bussell suggested cutting the sign categories down to two: temporary and pennanent. Stromberg commented that simplifying is an attractive option, but it presumes that the existing code was not created through a thoughtful process with lots of expertise. Hammond commented that what they have now is not very enforceable and causes confusion for the merchants. Stromberg recommended they make modest changes to the existing code and then recommend that the Council direct the Planning Commission to look into more extensive changes. Hammond reviewed Issue #1 and listed the four options for the group. She noted the Task Force tentatively selected Option 4 at their last meeting, which is to allow one of the exempt signs to be three dimensional, and asked if they would like to proceed with this recommendation. Kramer clarified Option 4 would create the opportunity for one, small 3D sign to be placed on private property. Laws questioned how businesses could create a meaningful 3D sign that fits into the lxlx2 sign limitation and voiced concern with business owners trying to protect what they have instead of thinking of the streets cape as a whole. Comment was made questioning if this option would apply to just the downtown area or the entire City. Stromberg suggested staff refine the permitted size and scale of 3D objects to allow for more flexibility. He recommended a cubic dimension with minimums and maximums. Shostrom voiced his support for Option 4 with three exempt signs. Greenblatt noted this option would leave some of the cited merchants out of compliance and questioned if this would really solve the problem. PUBLIC COMMENT Susan, Black SheeplNoted the issues she has faced with signage and stated she has needed each sign that has been put up. She asked for examples of signage that is pennitted and samples of what compliance looks like. Art Bullock, Ashland Resident/Stated there are two primary public interests that the group has not addressed: 1) the public does not want so much signage that windows look cluttered, and 2) the public does not want so much signage that you cannot see into the business. He stated he does not think the Task Force can make small tweaks and be able to address these public interests and stated a more fundamental rewrite is necessary . Garrett, Duex Chats/Asked for examples of approved signage and questioned the placement of signs on multiple entrances. COMMITTEE DISCUSSION OF OPTIONS (Continued) Hammond clarified this exempt sign discussion is in relation to the downtown area only. She acknowledged that Option 4 is not much more than a band-aid and agreed that they should recommend to the Council that these issues be looked at in depth. Slattery commented that she did not realize the temporary signage allocation was as flexible as it is. Hammond commented on the possible formation of a group (either through the Chamber of Commerce or the City) that helps merchants deal with their signage. Stromberg/Kramer m/s to approve Option 4 with 3 exempt signs. DISCUSSION: Stromberg clarified this motion includes the understanding that they will recommend this be further evaluated by the Planning Commission. Laws commented on the point of this group coming together, and stated it was not to change the whole spirit of the sign code. Compton questioned if this option would provide enough relief to the DOIi\T01HnSk FORC/\//ET/\t;.; 11 (7iST-I 2008 PiGE3 3 merchants. Ms. Bennett commented on the complexity of the entire issue and commented on who this specific option would address. Voice Vote: all AYES. Motion passed unanimously. Kramer commented that the recommendation to the Planning Commission should be a global recommendation that comes at the end of their work. Hammond introduced Issue #2 and the related options. Bussell provided some background on Option 3 and stated Ashland is unique in that it considers art to be a sign. She noted any type of representational structure is not allowed and wall graphics are also not permitted. Bussell explained the Public Ali Master Plan recommended modifying the sign code to allow for certain types of public art. Ms. Bennett commented on the rules that govern Oregon and stated Ashland is not the first community to experience problems in this area. City Attorney Richard Appicello clarified if mi is owned (donated) to the City and properly place, it is exempt from the sign code. Ms. Bennett noted this issues still needs to go through the Public Alis Commission. Kramer clarified Issue #2 deals with issues like Wiley's Alfredo statue. Bussell questioned if they are talking about the entire City. She stated this won't be too much a concern for downtown, since there is not much space, but noted the areas outside downtown are most likely to have national chains. Kramer felt size and material limitations would address these concerns. Staff clarified they do not consider sandwich boards 3D signs. Ms. Bennett clarified Option 4 would not work for Wiley's Pasta because Alfredo comes in every night. Stromberg suggested they deal with sandwich boards and items like the Alfredo statue separately. Staff clarified the problems with sandwich boards is more of a right of way issue, which will be addressed next week. Kramer suggested creating an additional exempt sign opportunity outside the Downtown Design Overlay Zone that includes allowable material types and size limitations. The group briefly discussed possible objects this suggestion may open the door to. Bussell recommended they add a public art exemption for city owned facilities/city property. City Attorney Richard Appicello was asked to bring back options at the next meeting to address Bussell's concerns regarding public art. Stromberg/Compton m/s to create a category for movable 3D signs, that 1) are not measured as part of the total sign allotment, 2) meet certain material and construction standards (to be determined by staff), 3) fit within a volumetric maximum, and 4) this category would apply to areas outside the Downtown Design Zone and the Historic Districts. Stromberg/Compton m/s to amend motion to add a setback from the public right-of-way (for staffto determine). DISCUSSION: It was clarified this amendment would be added to the original motion. Voice Vote on motion as amended: Hammond, Compton, Greenblatt, Slattery, Kramer, Shostrom and Laws, YES. Shostrom and Bussell, NO. Motion passed 7-2. Staff clarified the Task Force would be dealing with Issue #4 and the remaining right-of-way issues at their final meeting next week. ADJOURNMENT Meeting adjourned at 4:15 p.m. Respectfully submitted April Lucas, Administrative Assistant DOII.\TOllV fJ.SI" FORCL lIE/riVe .J ( L) 28. 2008 P!GL I ' DOWNTOWN TASK FORCE MEETING MINUTES JULY 28, 2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:05 p.m. in the Siskiyou Room, 51 Winbul11 Way. Hammond noted several of the members attended a tour of downtown sign issues, which was conducted prior to the meeting. Members Present: Pam Hammond, Paddington Station, Chair John Morrison, Mayor Renee Compton, Rocky Mountain Chocolate Factory Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce Dave Dotterrer, Planning Commission John Stromberg, Planning Commission Dana Bussell, Public Arts Commission George Kramer, Citizen at Large Don Laws, Citizen at Large City Staff Present: Martha Bennett, City Administrator Richard Appicello, City Attorney Adam Hanks, Permit Center Manager Absent Members: Dale Shostrom, Citizen at Large PUBLIC COMMENT Judy/Shakespeare and Co. Bookstore/Stated she is in a difficult situation because her business is located down an alley. She explained sales have dropped 60% since the City has prohibited her from placing the wagon at the alley's entrance and explained that she is doing her best to keep the bookstore open. Jeff! Rocky Mountain Chocolate Factory/Commented that the proposed changes are insufficient and felt more change was needed. He stated businesses can't stay in business if they cannot have something that lets customers know they are there. He stated customers will not visit a store if that business does anything "too tacky" and he does not understand what the task force is afraid of. COMMITTEE DISCUSSION OF OPTIONS Issue #3 - Downtown Businesses with Limited Signage Opportullity. Hammond read and the issue and the options aloud. She voiced her support for Option 1, which would change the sign limitation to 24" from the wall and would provide greater visibility for businesses on side streets/alleys/pedestrian access ways. Mr. Hanks used Shakespeare and Co. as an example and explained how Option 1 would allow them to place a sign at the entrance to the alley that would project out from the comer. Greenblatt/Compton m/s to accept Option 1 for Issue #3. Voice Vote: all AYES. Motion passed. Issue #5 - Placillg Sigllage ill the Public Right-of-Way. Hammond read the issue and options aloud. City Administrator Martha Bennett clarified if Option 2 were selected, the City would have to establish a program and identifY the parameters for a temporary sign permit process. Slattery suggested they consider City owned signs that don't include business names, but DOIINTOIIN T ISA. FORCE .\/EET!.\G3 ./ULJ28. 20()8 PIGE 2 3 rather indicate "lodging" or "dining" and directional an'ows. She stated these could be aliistically done and may encourage people to walk. Ms. Bennett commented that another option would be for the City to install signs and allow businesses to purchase a spot on that sign. She stated this option would help with the Blue Giraffe's signage situation and noted a City sign could be placed in the Water Street parking lot. Comment was made voicing support for a combination that would allow for generic directional information signs as well as City signs that list specific business information. Compton/Dotterrer m/s to accept Option 1 for Issue #5. Voice Vote: all A YES. Motion passed. Laws/Kramer m/s to reject Option 2 for Issue #5. DISCUSSION: Kramer stated he is interested in looking at encroachment opportunities that pertain to all businesses and voiced opposition to creating a separate authority in this area. Laws felt it would be a mistake to allow temporary signs in addition to directional signs. Compton commented that if the City decided not to place a directional sign, Option 2 would provide the business owner an oppOliunity to apply for a permit. It was questioned if the City could stipulate that this option would only be available if the City does not do Option I. Ms. Bennett voiced her hesitations with Option 2. Suggestion was made for the group to table the motion and come back to this after they have dealt with the encroachment issue. Motion was tabled. Issue # 7 - Encroachment Permit Process. Hammond read the issue and the options aloud. Kramer voiced support for a list of approved items that could be placed in the City right of way. He stated this list of allowable items should be separate from the items the City would require a permit for. City Attorney Richard Appicello commented on the legality of this issue and recommended a process where items would be donated and accepted by the City; and the City would then decide where the item is placed. He stated the City would only accept items that met generic durability standards and the individual would need to sign a maintenance and hold harmless agreement. Ms. Bennett questioned if the City already owned these items and she stated it was her understanding that if someone places an item in the City right of way, they are essentially donating it to the City. Laws commented that it would be difficult to come up with a list of approved items and stated the list would have to be regularly amended. He added that he does not feel a list of approved items would solve the problem and voiced his support for Option 1. Kramer voiced concern that requiring a permit and the donation process would stop these types of objects from being placed. Hammond noted that there are also safety measures to be considered, such as the Black Sheep's lion. Suggestion was made for a two part process that includes a list of general items that the City endorses and requiring the placement of all other items to go through a permit process. Ms. Bennett summarized the group's deliberation and stated they would like to allow for the placement of functional items and recognize that these will be owned by the City; they are willing to let staff evaluate whether to establish a donation process or include a general acceptance provision in the code. Ms. Bennett stated staff could also look into a 3D allowance for functional objects designed to address safety issues and noted there will need to be criteria established for how to decide on the placement of these objects. Stromberg/Laws m/s to approve the staff direction as outlined by Ms. Bennett. DISCUSSION: It was clarified this is not a final decision and this issue would be returning to the group at their next meeting. Stromberg commented that he views this as enabling certain uses, not prohibiting everything else. Bussell noted that if someone wanted to donate art there is already an approval process for that. Mr. Appicello clarified the two processes would work together. Voice Vote: all AYES. Motion passed. Issue #6 - Newspaper/Misc. Publication Racks. Hammond read the issue and the options aloud. Comment was made questioning if the City could completely remove the racks. Mr. Appicello clarified he does not believe completely banning them is appropriate. DO/l\JOIIA TISK FORCL\/EfT/\G ,13 .fllll8, lll08 PICE 3 on Kramer/Greenblatt m/s to combine Options 1 and 2 and direct staff to inventory all downtown newspaper/publication racks and prepare a recommendation. DISCUSSION: Recommendation was made for the inventory study to indicate their preferences and for it to be referred directly to the City Council. Kramer and Greenblatt agreed to include this amendment in the motion. Voice Vote: all AYES. Motion passed. Issue #9 - Administering the Downtown Parking Program Ms. Bennett noted the draft ordinance that was submitted to the group and indicated staff needs clarity on the towing vs. booting then towing options. She clarified the City is not proposing to boot the vehicle and leave it there until the owner pays, but rather boot the vehicle and have it towed after 24 hours if payment is not received. Support was voiced for towing and not booting vehicles, Hammond questioned the dollar amount owed before the City would take action and suggested raising it from $250 to $500. Ms. Bennett commented on why the $250 amount was chosen and cautioned them about raising this too high. Greenblatt noted the provision in the ordinance that states the individual will be noticed 10 days in advance before any action is taken. Stromberg supported the towing option and stated booted vehicles could take away from the City's ambiance. Mayor Morrison left the meeting at 4:00 p.m. Ashland Municipal Judge Pam Turner commented on the 10 day notice period and shared a few situations where individuals might not receive the notification. Comment was made suggesting the City affix a colored placard to the vehicle prior to it being towed. Dotterrer/Greenblatt m/s to recommend the Ordinance as drafted with the exception of removing the booting provision. DISCUSSION: Mr. Appicello suggested the notification period be changed to 14 days. Consensus was voiced for including this modification. Voice Vote: all A YES. Motion passed. DISCUSS POSSIBLE AUGUST 4 MEETING Hammond stated it will be necessary for the group to meet again and asked for the members' preference on meeting dates. She noted the group could meet next Monday, or meet two weeks from today. Mr. Appicello indicated he would likely need more than one week to prepare the draft right-of-way ordinance. The Task Force reached consensus to meet on August 4th and August II tho Ms. Bennett clarified the Task Force's final report is scheduled to go before the City Council on September 2, 2008. She noted recommended changes to the Sign Code will have to go to the Planning Commission; however, the Council could enact the rest of their recommendations. She added the group will need to complete their work by August 19th in order to make the September packet deadline. ADJOURNMENT Meeting adjourned at 4: 15 p.m. Respectfully submitted April Lucas, Administrative Assistant DOl! .\7011 A TISk FORCI \ffFT/\(;) .fILl]!. ]008 VIClE f of-! DOWNTOWN TASK FORCE MEETING MINUTES JULY 21, 2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:00 p.m. in the Siskiyou Room, 51 Winburn Way. Members Present: Pam Hammond, Paddington Station, Chair John Morrison, Mayor Renee Compton, Rocky Mountain Chocolate Factory Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce Dave Dotterrer, Planning Commission John Stromberg, Planning Commission George Kramer, Citizen at Large Dale Shostrom, Citizen at Large Don Laws, Citizen at Large City Staff Present: Martha Bennett, City Administrator Richard Appicello, City Attorney Bill Molnar, Community Development Director Adam Hanks, Permit Center Manager Absent Members: Dana Bussell, Public Arts Commission STAFF PRESENTATION OF OPTIONS Permit Center Manager Adam Hanks briefly reviewed the nine key issues and options listed in the staff repOli. PUBLIC COMMENT Ron Roth, Geppetto's/Shared his concerns over what he felt was an overzealous Code Enforcement Officer and recommended more direct supervision of this City employee. Graham Lewis, United Methodist Church/Noted the church is located on the corner of Laurel and N. Main, but they are only allowed signage on one of the streets. He stated signage on both frontages would be helpful. Steve, Soundpeace/Questioned if he would be permitted to place a prayer flag in the garden in the morning and take it in at night. Regarding the parking situation, he thought this was always voluntary and not necessarily enforced. Julie, Wiley's World/Stated she does not view her Alfredo statute as a sign, but rather a piece of art; and stated the statue needs to be able to come in at night to avoid potential theft or vandalism. She voiced her support for removing the 3D object prohibition from the Sign Code. Melissa Markell, Chair ofthe Public Arts CommissionlVoiced her support for Option #4 regarding the three dimensional sign issue, which would create an exemption for 20 or 3D public art. Susan, Black Sheep/Submitted signature petitions supporting the placement of the lion statue in front of the Black Sheep's entrance. She stated if they remove the lion it would result in an unsafe doorway and stated this is a historical building and the entrance cannot be changed. DOW\TOW\ riSK fORCE .\/EI,7I\G.] .lCL) 21. ]O()(! PICE] 0/-1 Lee, Downtown Employee/Stated she received a ticket a few years ago, without warning, after parking in the same block twice. She stated this is a silly rule and the City should at least put up a sign warning employees. Pam Turner, Ashland Municipal Judge/Noted all parking appeals come to her and voiced her support for repealing or revising the downtown employee parking ban. She stated the ban is very difficult to enforce and felt the language was over broad. Lance Pugh, Ashland Resident/Voiced concern with what he felt was staff running the meeting and directing the focus. Brent Thompson, Ashland ResidentIVoiced his suppOli for the option permitting one additional exempt sign. Regarding the parking issue, he suggested diagonal parking could be used to create more spaces in certain downtown areas. Donna, Webster's/Stated if they change the sign code, they need to make sure it can be universally applied. She commented briefly on the sidewalk issue and noted they are heavily congested in the middle of the season. Mike Morris, Ashland Planning Commissioner/Asked how they would feel if every building had something out in front of it, and questioned where the limits are. Ramona, BElla/Stated if they are going to enforce the parking ban, it needs to be applied to everyone. COMMITTEE DISCUSSION & DIRECTION TO STAFF Downtown Employee Parking Ban Hammond voiced support for Option #1, which would eliminate the employee parking ban from the Ashland Municipal Code. She stated the City could still send out a letter each year asking the downtown businesses to voluntarily comply with the seasonal parking limitations. The Task Force voiced unanimous consent for this option. Unpaid Parking Tickets City Administrator Martha Bennett explained how the City currently handles unpaid parking citations and stated the City's current enforcement tools are very weak. She stated booting or towing vehicles that have an excessive amount of unpaid parking violations is one option the group should consider. The group discussed the option presented by staff. Stromberg voiced his concerns with booting vehicles and felt towing was a better alternative. City Attorney Richard Appicello clarified due process would occur before anyone was booted and the individual would receive proper notice before this action occurred. Ms. Bennett listed the outstanding parking citation figures for the group. Laws voiced his support for booting, and stated this type of action is needed if they have people who simply do not care. Greenblatt agreed that this needs to have some "teeth." Kramer voiced his support for the towing option. Compton agreed, but questioned what the outstanding ticket amount would have to before this action was taken. Hammond recommended they move onto the next issue and look at this option further at their next meeting. DOIINTOIf.\ TISK FORCE\/LE7I\GJ JUL r 2!. 2008 PIGE 3 oj.! Amount of Signage Permitted Hammond listed the two options for Issue #1. She stated they could modifY the Sign Code to allow for one additional exempt sign or they could choose to modifY the Code to allow the existing exempt signs to be a maximum of3 sq. ft. The group discussed the two options. Shostrom suggested modifying the requirement to allow for two signs at 2 sq. ft. or less, and one additional sign at 3 sq. ft or less. Kramer recommended they not limit this to the C-l- D zone, but permit the additional signage in the entire commercial district. Compton noted that being able to display menus is not only a benefit for the restaurants, but also the pedestrians. Kramer suggested they increase the total amount of signage permitted (based on the linear footage of the building's fi'ontage) and allow businesses to allocate the space as they choose. Compton suggested they establish two different parameters; one for inside the downtown area and one for outside this area. Mr. Hanks clarified the current provision which allows businesses to use up to 20% of their window space for changeable copy. He also provided a brief explanation of how businesses with no windows or those located on second and third stories are accommodated. Staff was directed to return at the next meeting with infOlmation on the new options presented by Shostrom and Kramer. 3-Dimensional Signs/Representations of Merchandise Hammond listed the options for Issue #2 outlined in the staff report. Kramer and Compton voiced their support for Option 2, which would allow 3D representations as a sign type. Laws expressed concern with permitting 3D objects, though supported the ones we cunently have. He questioned if there was a way to exempt those that exist today. Slattery voiced her confidence that businesses would do everything possible to make their business attractive and is not concerned that Option 2 would result in a surge of undesirable objects. Hammond conducted a straw vote and the majority of the group supported Option 2. The Task Force agreed to continue with the meeting until 4:30 p.m. Limited Signage Access due to Location Hammond listed the options for Issue #3 outlined in the staff report. Kramer suggested businesses, such as the Blue Giraffe, with no frontage on a public street be allowed one offsite sign as part of their sign aIlocation; however include a provision that this sign could not be placed on public right of way. The group briefly discussed these options and agreed to come back to this issue at their next meeting. Use of Right-o.f-Way for Commercial Use Hammond listed the options in the staff report. Laws noted when the Sidewalk Cafe ordinance was passed, its intent was not to benefit the restaurant specifically, but to enhance the ambiance in town. He felt opening up the use of sidewalks for merchandise was unacceptable and would destroy the Ashland's appearance. City Attorney Richard Appicello briefly commented on the legal issues sunounding this matter. Slattery commented that sidewalk dining is something the public loves, and suggested they look at other communities and how they deal with this issue. Kramer noted that selling flowers, fruit or vegetables on the sidewalk could also add character. City Administrator Martha Bennett commented on Option 2, which would allow the City to lease sidewalk space to businesses, and questioned how much merchandise that business would need to sell to make this worthwhile to them. Comment was made that this would be for the individual business to decide. Greenblatt noted Greenleaf was the first restaurant to have outdoor seating on the Calle and DOW\TOIIY TIS!.. rO/?CE\fELT/\C .IlL)]!. 2008 PICE -I of-! voiced support for allowing the City to rent the public right of way, so long as the parameters are followed. Ms. Bennett clarified the sidewalk space would be only leased to the adjacent business. Hammond conducted a straw vote and the majority of the group were interested in a combination of Options 2 and 3. Ms. Bennett indicated staff would do more flushing out of the details on the input provided by the group. She noted they would pick up where they left off at the next meeting and encouraged interested citizens and business owners to submit their comments and concerns to staff. ADJOURNMENT Meeting adjourned at 4:30 p.m. Respecffully submitted, April Lucas, Administrative Assistant DOli I\TOII \ TL')!, FORCE\!EfJf\G ! JCU !! 2IJIJ8 PiCE! oj.; DOWNTOWN TASK FORCE MEETING MINUTES JULY 14,2008 CALL TO ORDER Task Force Chair Pam Hammond called the meeting to order at 2:00 p.m. in the Siskiyou Room, 5] Winburn Way. Members Present: Pam Hammond, Paddington Station, Chair John Morrison, Mayor Renee Compton, Rocky Mountain Chocolate Factory Daniel Greenblatt, Greenleaf Restaurant Sandra Slattery, Chamber of Commerce Dana Bussell, Public Arts Commission Dave DoUerrer, Planning Commission John Stromberg, Planning Commission George Kramer, Citizen at Large Dale Shostrom, Citizen at Large Don Laws, Citizen at Large City Staff Present: Martha Bennett, City Administrator Richard Appicello, City Attorney Bill Molnar, Community Development Director Adam Hanks, Permit Center Manager WELCOME & INTRODUCTIONS Pam Hammond and Mayor Morrison welcomed the group and each member introduced themselves. PURPOSE & GOALS OF TASK FORCE Mayor Morrison commented briefly on what prompted the creation of this task force and noted issues have been raised regarding the City's sign code, use of the public right of way, and the downtown employee parking ban. He stated the Downtown Task Force would be meeting for three weeks and encouraged them to focus on addressing the immediate concerns. OVERVIEW OF TASK FORCE SCHEDULE Hammond briefly reviewed the meeting agenda. She indicated their second meeting would include a staff presentation of options and committee discussion; and hopes they can have deliberations and come to a recommendation by their third meeting. OVERVIEW OF THREE ISSUES Community Development Director Bill Molnar presented an overview of the City's sign code, use of public right-of-way, and downtown employee parking restrictions. Sign Code Mr. Molnar stated the 1966 Central Area Plan called for the development of a sign program and the City's sign ordinance was officially adopted in ] 968. He stated there have been several updates to this section of the code over the years and noted the 1988 Downtown Plan acknowledged the success of the sign code. Mr. Molnar provided the definitions of "signs", "exempted signs", and "prohibited signs" and listed the main compliance issues the City deals with. Use of the Public Right of Way Mr. Molnar noted there are many competing interests within the sidewalks and stated the City has regulations regarding the outdoor display of merchandise. He explained the Ashland Municipal Code prohibits using the street or public sidewalk for selling, storing or displaying merchandise or equipment; nOIl\TOW\ fiSK fORCE .\/LETrVc; I .IlL) I.j ]OOi; PtGE] of-! and businesses within the City's commercial zones are required to obtain a conditional use permit (CUP) for the outdoor storage of merchandise on private property. Mr. Molnar noted the City has a sidewalk cafe ordinance and it is administered by the Public Works Department. Downtown Employee Parking Ban Mr. Molnar explained the ban was first adopted in 1985 at the request of the Chamber of Commerce and the seasonal restrictions were made permanent in 1986. He eXplained the ban restricts downtown employee parking in the downtown parking district between 8:30 a.m. to 5:30 p.m., May through September; and listed some of the issues that have been raised by the affected businesses and their employees. PUBLIC COMMENT Tom, Pasta Piatti & Tabu/Shared his concerns regarding the newspaper racks, Nola, Renaissance Rose/Noted she had been cited by the City and requested clarification on the ordinance governing the outdoor display of merchandise. She noted the sale of merchandise on Guanajuato Way and asked about the City's CUP process. Steve, Soundpeace/ Asked if there was a way for current businesses to be "grandfathered in" and require anyone new to receive approval for the display of items. He agreed with the concerns expressed by the previous speaker regarding newspaper boxes and suggested there be a maintenance requirement for these. Steve noted the signage in Boulder, Colorado and suggested the Task Force review the Boulder sign code for comparison. He also commented on the employee parking ban and noted employees are being issued tickets when visiting downtown businesses on their days off. Julie, Wiley's PastaINoted her business is not located downtown and stated they use their "Alfredo" statue to show customers that they are open for business. Lenny, CD or not CD/Stated there is a small space in front of his store that he would be interested in obtaining a CUP for. He commented on the height of his sign and suggested they allow businesses to sell merchandise outdoors on weekends only. He stated it is possible to have attractive sandwich signs, newspaper boxes, and neon signs; and suggested the City form a review board to detennine what is aesthetically pleasing. Dave, Endless Massage/Noted that his is a newer business and commented on the use of sandwich boards to attract business. He stated his board did obstruct people walking and stated it made a big difference in bringing people into his business. Susan, Pilaf/Questioned why people dressed as the Statue of Liberty or dressed in sandwich boards does not go against the sign code. She stated that parking is one of her major stressors and explained that she often has to come and go several times a day from her business. Kate, Earth Friendly Kids/Stated being unable to put merchandise out in front of her store has made them struggle financially and believes the City is hurting the vitality of the town by making such strict rules. Ramona, B EllalNoted her store has no back entrance and all of their supplies have to come through the front door. She questioned the fairness of the parking situation and asked if downtown employees who work at night are being ticketing as well. !)Ol/'\TOW\ j.ISk fORCE\!EET!\c; ! .J IL} !..;. ](}08 PAGE 3 oj..; Jimmy, Blue Giraffe SpafNoted their building is set back from Water Street, behind the parking lot and customers cannot see his sign from the street. He stated he receives a lot of complaints from clients because they cannot find his store. He suggested the City have some sort of hearings process to deal with unique situations like his own. He also questioned putting up a small sign similar to Pilaf's or Iris Inn's SIgns. Don, Ashland Springs Hotel & Larks/Stated he was cited for placing the building's original sandwich board in front of the hotel and noted the challenge of educating guests on what they offer. He stated that inadequate parking in Ashland is a big issue and noted the parking garage is consistently full. Mike Morris, Planning Commissioner/Recommended the sign ordinance be removed from the Land Use section of the Municipal Code and recommended they set criteria for a variance. He suggested different requirements be set for areas outside of downtown (at least until these areas become more populated be pedestrians) and recommended they establish maintenance requirements for newspaper boxes. Pam Turner, Ashland Municipal JudgefNoted that she handles the City's parking violations and stated the intention of the employee downtown parking ban is not to prohibit employees from visiting businesses on their time off. She encouraged everyone to read this section of the code (AMC 11.30.020). City Administrator Martha Bennett clarified 95% of the businesses have complied with the City's requirements and stated she would like to continue to work cooperatively with the businesses while this process IS gomg on. City Attorney Richard Appicello commented briefly on the concept of grandfathering. He clarified the City is required to treat everyone equally and does not believe grandfathering is an option. Mayor Monison clarified that public testimony will be included in this process and encouraged the businesses and members of the public to submit their information to the Task Force. COMMITTEE DISCUSSION City Administrator Martha Bennett indicated staff would be preparing white papers and submitting them to the group within the next few days. She recommended they inform staff if they are in need to additional information or if there are options they are leaning toward. She agreed that parking in Ashland was a valid concern, but recommended they limit their discussion to the employee parking issue. Clarification was requested on the process of obtaining a conditional use permit to display merchandise on private propeIty. Permit Center Manager Adam Hanks stated this is a Type I land use action and the fee is currently $882. He stated the City has seen this type of CUP for larger scale uses, such as the hardware store, but noted the approval criteria are fairly general. Mr. Hanks clarified the Iris Inn's sign was obtained through ODOT, not the City. Sandra Slattery commented that these requirements were put in place for good reasons; however they need to ensure that Ashland businesses can be successful and stated it is time to look at these regulations with the cunent view of the community in mind. City Attorney Richard Appicello commented on the issue of placing 3-D objects in front of businesses and clarified they can only limit the time, place, manner and size of these objects, not the content. George Kramer added they could also control the materials they are made of and can require the object to be maintained. DOII\TOW;\ r:1Sk FORCE\/EET!.\Gl J( LJ 1-1, ]OO/) PAGE -I ojc/ Ms. Bennett noted the City would be bringing forward options regarding sidewalk cafes, including options for permitting, regulating, and leasing public right of ways. She clarified the vendors along Calle Guanajuato lease this space from the City and stated the Task Force could consider creating a similar provision for individual business to display merchandise in front of their stores. Don Laws requested the City Attorney prepare a memo that cites the COUlt cases and laws that deal with grand fathering and the equality of treatment. He stated he would like to know what is legal and whether the City could make changes. Mr. Laws provided some history of the sign code and stated its intent was to make Ashland businesses more appealing. He commented on how the sign code has contributed to the overall success of businesses in Ashland and recommended they be careful about making changes. Dave Dotterrer suggested the sign code differentiate between private property and public right of way. Ms. Bennett voiced her support for this suggestion. Mr. Appicello clarified the City could permit larger 3- D objects on private property than on public right of way. Dana Bussell commented on the Public Arts Commission's master plan and noted the plan did speak to some of these issues. She clarified one of the goals of the plan was to change the sign ordinance to allow for murals. She also commented briefly on the public art jury process the commission utilizes, and clarified people affected by the object are represented on the jury. Sandra Slattery noted that there are other communities, such as Cannel, California, that have very pleasing signage and suggested the group take a look at how other communities deal with this issue. Ms. Bennett requested the group clarify which cities' sign codes they are interested in. Staff was directed to look into the sign codes for Carmel, California and Boulder, Colorado, particularly for small, directional signs. Ms. Slattery noted she would also try to gather infonnation and obtain samples from other communities that are attractive, high visitor destinations. Mayor Monison requested information on newspaper boxes, including what governs their installation, maintenance, and removal. Additional request was made for how many spaces a publication can have and whether the boxes interfere with pedestrian and vehicle safety. It was also questioned if the City could designate certain areas where the boxes would be pennitted. Ms. Bennett indicated staff would gather the information requested by the group and stated materials for the next meeting would be sent out later this week. She noted the next Downtown Task Force meeting is scheduled for next Monday, July 21 at 2 p.m. ADJOURNMENT Meeting adjourned at 4:05 p.m. Respectfully submitted, April Lucas, Administrative Assistant SUSTAINABILITY SUBCOMMITTE OF THE PLANNING COMMISSION MINUTES OCTOBER 20, 2008 Attending: Commissioners Mindlin, Dawkins and Stromberg, Jim McGinnis and Huelz. 1. Jim McGinnis of the Conservation Commission reported on the work of their Subcommittee called Cities for Climate Protection. They have a set of goals by area (i.e., transportation, food) to reach by 2025. They are researching actions that can be taken to achieve those goals. They are interested in ICLEI’s software to measure city energy use (both city as a whole and city as an organization) in order to establish baselines for which to measure the achievement towards goals. Jim wants a method of assessing all we do for sustainability and setting benchmarks. He suggests a revised Comp Plan that would direct us to attaining those goals. He mentioned the Sustainability Plan that was written by Melissa Shweisguth (former Conservation commissioner) and Zach Williams. This was brought forward 2 years ago in the CC, but has not been acted on further. Jim is particularly interested in Architecture 20/30, a set of building standards which is performance based, meaning by percentage of reductions. This is being adopted into building code in other areas. Melanie mentioned that she believes the State of Oregon does not permit a more restrictive building code than the State uses. It was suggested that we might be able to require a more restrictive standard with annexations and zone changes. 2. Mapping--What is it? Melanie explained that we have been talking about investigating our human resources, what people and organizations in our area are doing that they define as “sustainability”. It was suggested that mapping implies geographical location, and that surveying would be a better term for what we plan to do. Melanie has spoken with Melissa Noel, who is coordinating a mapping project that will collect information on natural and economic resources and look at businesses environmental impacts and other aspects of business sustainability. She is working with students at the University on this project. Our survey seems to fit in nicely without duplicating the work of this NGO and the conservation commission. It was generally agreed by commissioners that we should all give the same explanation of who we are and the purpose of the project, ask the same questions, and collect the information in some kind of database. We also agreed that we should do a pilot run with our questions and then evaluate the results before putting them out through a larger effort involving the media, city website, etc. We discussed the possibility of have a method of not duplicating who we contact, but were unable to think of an easy way to do that. We will send each other a first list of 10 contacts when reviewing and editing the survey before starting. See survey draft below. 3. It was generally agreed that Melanie is the coordinator of this committee. 4. Researching other cities. We are under the impression that Pam Marsh, Tom Dimitre and Mick Church are particularly interested in researching other cities. Since almost every city is doing something, we wondered how we would choose which cities to investigate more thoroughly. We think that these three people should do a pilot by each contacting one city then compare results and discuss further what we are trying to find out. We would like Pam, Tom and Mick to let us know which city they want to contact for the pilot; we can coordinate this by phone or e-mail. Suggestions for places of particular interest were Portland, Eugene, Austin and Willits. Ashland Planning Commission Sustainability Work Group October 20, 2008 Page 1 of 2 5. Next Meeting. We will meet in two weeks, Monday, the day before the election. Location TBA. SURVEY DRAFT Explanation: I’m on the Ashland Planning Commission, which has made sustainability one of our goals. We are beginning by testing a way of gathering information by contacting people and organizations believed to be working on sustainability in order to get a handle on what sustainability means in this community and its implications for the Planning Commission. This is an initial contact, and will likely be followed up with further questions concerning citizen participation and direction for the City. The information we are gathering will be part of a public report, but is not intended to be put in a form for distribution at this point. Questions. Name, Address, phone number, e-mail Location if different from address. What are you or your organization doing? How long have you been doing this? How many people are involved? Who else should we talk to about sustainability in Ashland or Rogue Valley? Is there a person or organization outside our area that is especially influential to what you are doing? Ashland Planning Commission Sustainability Work Group October 20, 2008 Page 2 of 2 SUSTAINABILITY SUBCOMMITTE OF THE PLANNING COMMISSION MINUTES NOVEMBER 3, 2008 Attending: Commissioners Mindlin, Stromberg and Church 1. Survey Update. Commissioner Mindlin has conducted 4 trial surveys. These were discussed in some detail and with interest. Surveys took here about 15-20 minutes to conduct, with a total time of about 30 minutes needed per survey with writing up notes and tracking down the person to survey. Mindlin thought it would be difficult to do a good job without good typing/note taking skills, as the responses were enthusiastic and contained a lot of information. Commissioner Stromberg has been collecting recommendations of people to survey, but has not done any actual surveys yet. It was noted that the information is wide-reaching and it was difficult to know what avenues of action might be pertinent to Planning Commission roles and duties. Commissioner Stromberg stated that since the PC is responsible for reviewing and updating the Comp Plan that most areas of sustainability could be addressed in one or another of its’ sections. Commissioner Mindlin noted that the direction may become clear when we have a range of responses, for example a sorting by different categories of concern such as energy, food, transportation, etc. We will continue to collect contact information and do surveys. 2. Commissioner Church remains interested in researching other government/local actions and will contact at least one before the next meeting and will attempt to identify the areas of inquiry based on that initial contact. 3. The next meeting was set for Monday, November 17th. Ashland Planning Commission Sustainability Work Group November 3, 2008 Page 1 of 1 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES NOVEMBER 24, 2008 Attending: Commissioners -- Stromberg, Mindlin, Marsh Several members of the public attended this meeting. They introduced themselves. Pam Vavra -- Director Peace House John Bullock -- retired teacher, former city council member in Lomboc, worked on their general plan Darren Campbell -- new resident. Did regional sustainability plan for Lake Tahoe Huelz -- designs zero net energy homes Amber Garrard. Recent college graduate from Vermont. Worked on Peak Oil Task Force and related community outreach. Julie Norman - Siskiyou Project, forest protection Angie Thusius -- Grandmothers & Friends in Green; protecting water resources We passed around a sign-in sheet. The work of this committee was introduced and the two areas of surveying local activities and investigating other governments explained. Marsh said there were efforts coming at goal of sustainability from different directions. We need to be careful not to get in the way of the strategic planning process planned by the City. Stromberg said everything we do with sustainability is a plus for the economy because it makes us more interesting and supports our sustainability branding as a town. Merkley is interested in sustainable forestry and may support efforts here. City’s land in watershed and Forest Lands Commission could become a model of sustainability. 1. Other governments. Mick Church has sent out a report done by Redwood City where he used to work. We think he said this cost $2,000,000 to do. It looks very interesting, but none of us have actually read it yet. It covers a lot of categories with assessments of resources and action plans. Darren Campbell told us a little about the work he did in Tahoe. They commissioned a study and presentation; a sustainability strategic plan including transportation, economy, mixed use, water improvement, new uranist approach, creating a culture of sustainability. He gave the opinion that Ashland was probably way ahead in creating a culture of sustainability. He has investigated the sustainability planning in a lot of different cities; the ones in Canada are the most interesting. He voiced a willingness to share some of this research with us. Mindlin asked if he could provide us with the 3 best--maybe the one with the best planning, the one with the best ideas, and the one that was most similar kind of city to ours. Campbell is applying for a job with the City of Ashland for economic development. 2. Local survey. Mindlin described the survey process. It is really fascinating to do, and people are quite enthusiastic. It takes about 20 minutes to do a survey because people are very interested in the conversation. She has tried to survey people who would be able to help with further contacts. Has done 17 surveys so far. We now have about 100 contacts for people reported to be working in “sustainability”, plus another 100 from the Earth Day list and the Ashland Green Business list. She said she had heard that Ashland has the reputation of being a leader in sustainability and wondered why. Various people contributed the ideas that this was likely due to actions taken in the 1980’s with our foresighted Comprehensive Plan, Wandershie’s promotion of 2x6 construction which was revolutionary at that time, use of green energy in the form of purchasing hydro from Bonneville, and solar collectors on the city building. We have a great legacy from the 80’s but now we’ve fallen behind. Mindlin read a couple of survey entries. Marsh and Stromberg said we could publish this in a format like the Whole Earth Catalog. Mindlin asked how to proceed with the surveys: continue phoning which will take a long time if she is the only one doing it or send by e-mail and get them in writing? Stromberg suggested that we should ask all the commissioners to do at Ashland Planning Commission Sustainability Work Group November 24, 2008 Page 1 of 2 least a few so they will feel the buzz from doing it. In addition, there is a much different perception from filling out a form and being contacted personally to talk about your activities. Marsh said she would not have time to do surveys, although she would work on the other government aspect. It was suggested that non-commissioners could make calls, and an informal consensus supported the idea of having some of the people at the meeting do some surveys. Pam Vavra and Julie Norman volunteered to do a few surveys each. We will also ask the other commissioners to do surveys by e-mail. Melanie will coordinate this. 3. General conversation. Vavra said she would like to see us establish the criteria and indicators for sustainability. Establish a baseline and measure our improvement. We could use agencies that are already collecting information, such as car registration and energy used. Huelz explained that the Conservation Commission is talking about this already, and are working with ICLE. SOU has made a commitment to a carbon neutrality plan, and are promoting themselves as a sustainability college-- sustainability programs in environmental science and business. We could use students and their technology to do some of this work. In addition to the obvious baselines and metrics on energy, we should also have measurements on food and other areas. Science Works is another institution that we could work with, and perhaps use as a venue for conferences or other events. Stromberg suggested that we continue to meet every week to build momentum on this project. Mindlin will book the room and contact people. Ashland Planning Commission Sustainability Work Group November 24, 2008 Page 2 of 2 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES DECEMBER 8, 2008 Attending: Commissioners Melanie Mindlin, Michael Dawkins, John Stromberg Public: John Bullock, Peter Gross, Wacheuka, Darren Campbell, Anne Eldridge, Angie Thusius, Julie Norman We reviewed the experience of volunteers who did surveys. Julie doing phone tag with a lot of hers. John has written them up, had long conversations with some, and is ready for additional contacts. Michael has done a couple and told us about his conversation with John Michael Greer. We talked about directing conversation in the survey towards resources that they were offering to the city or community related to sustainability. John B. had done this, and Julie said that was a good idea to include. We talked a little about the difference between surveying individuals who think sustainability is important and are doing things at home and people who are in organizations or doing work that is accomplishing something identifiable in the community. “Sustainable advocate” might be a category of people surveyed. There are organizations specifically doing sustainability work and others doing something about sustainability within their organization or workplace. We will send out a copy of the survey results to this point as a pdf so others on the committee can see where we’re at. Keep e-mails hidden; this is only for use by the committee itself at this point and is not to be distributed. We’ll also send out the list of contacts, but people will only survey those given them by Melanie. Others will let her know if there is an area of interest they would like to talk to people about. Survey entries will be sent to Melanie for inclusion. We want to make the results public at some point. Before doing that, we should send entries to the people surveyed for their approval. We’re seeking the best way to make this available--web page, print, how should the entries be categorized? How do they become useful? We have the intent of inviting the general public to fill out a survey, possibly distributed through the city utility bills, newspaper, listserves, etc. This would include asking if there are any organizations we have missed (being able to see the list on a website will help with this). Melanie asked everyone to think about how we might want to tweak the survey to get the most useful information from private individuals. What is the purpose of this project? was the topic of a wide-ranging discussion. Commissioners shared information about the Comp Plan and its relation to ordinances and Planning Commission decisions. Can rules be made that will enhance sustainability? What about getting rid of rules that stand in the way? If what is needed most is a change in culture, does changing the rules make any difference? Peter and Melanie described some rules that would promote sustainability in city planning. Anne talked about the importance of carbon trading, which has been widely adopted in Europe, as a way to let people do it the old way but pay for the privilege. We talked about having the survey be open-ended to find out what people think is important. Angie, Anne and Huelz offered to do some surveys. Everyone is looking forward to seeing the results to date and we will discuss these at the next meeting. Next meeting is Monday, Dec. 22nd at the library. Ashland Planning Commission Sustainability Work Group December 8, 2008 Page 1 of 1 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES DECEMBER 22, 2008 Attending: Commissioner Mindlin, Julie Norman, Darren Campbell, Peter Gross, Jim McGinnis, Larry Blake, Huelz. 1)Discussion on ICLE sustainability plan pilot program. Darren informed us that ICLE is looking for 4 municipalities who want to be part of a pilot project for starting up a sustainability plan. They’re looking for a range of city sizes and forms of government. They are offering training and other services for free. Jim suggested that the sustainability plan is designed to be a support system for instituting their program of measuring baseline and progress on sustainability markers. They are promoting software that measures sustainability including a module for city as an organization as well as the community as a whole. The City joined ICLE and tried to use their system, but it takes a lot of time and we don’t have funding for staff to support it. Tried to do it with students at SOU but didn’t get enough continuity to transition from one year to the next with different interns. There’s flexibility in how the data is collected so more than simple training is required. Dick had suggested that a half or full time staff position would be needed to do the baseline measurement. Methods of funding this, getting students or SOU staff to contribute were discussed. Jim will talk to Dick Wandershie about city interest in applying to be part of this pilot project. Darren will talk to ICLE about what commitment of staff resources would be necessary. 2)Jim McGinnis told us about an event being planned by a group called Sustainability Leaders Dialog to bring together city councilors, commissioners, staff, other community leaders and members of this group to discuss sustainability and the Transition Town concept. The event will be in January. 3)Larry Blake, head of SOU facilities, was attending to see what we were doing. He told us a little about the sustainability work they’re doing with Dick Wandersheid. Sounded like it mostly had to do with energy use. 4)Melanie said she would like to set deadlines and wrap up the survey/inventory project. We don’t have to phone every person that got onto our contact list. We should figure out how to get it posted on the City’s website, then get out our related citizen survey. People should be able to see the work we’ve done so far on the website when thinking about filling out a survey. However, we have a couple of sectors that are not well represented, and we should focus in on those before finishing the phone contact effort. SOU: we have three professors, but could use some more as well as their sustainability council. Ashland School District: have only talked to Wilderness Charter School. Should talk to Julie DiChiro, Matt Marr would be alternate, find out about clubs, programs in the schools, School Board subcommittee for local food in the cafeteria. Jim Hartman and Tim Brandy were suggested both of whom are on the contact list. Health Care is not repesented. Ash Comm Hospital has something called the Plane Tree, which is a new model for health care which may have something to do with sustainability; their promotional materials say they have a green program; contact the CEO. Should contact RVTD and RVCOG. Should survey the rest of the members of the Conservation Commission and Dick Wandershie. We should contact the green businesses certified by the City. We set a tentative time table for completing the inventory project. Complete phone surveys by January 12th, get posted on website by the end of January or early February, get the do-it-yourself survey out by the end of February. The do-it- yourself survey would be advertised in the city utility newsletter, as well as getting the word out in the media. You could get a copy of the survey on line or at the city office. It would be cool if people could fill out a survey on line, but that might involve too much staff time. The inventory will be categorized by sectors on the website so people can find stuff of interest to them. We can have a “miscellaneous” or “whole systems design” category for activities that cross sectors. We need to find out how to get approval for and action on having the City put this on their website Ashland Planning Commission Sustainability Work Group December 22, 2008 Page 1 of 2 After note from Melanie: We also need to send out the entries to participants for their approval of what we’ve written before releasing publicly. We brainstormed ideas for what questions we would ask in a general survey which should be somewhat different from the survey of organizations that has been done so far. Suggestions: - Have you instituted any sustainability practices in your home, profession or workplace? - We could have a checklist to get them thinking. - Would you volunteer time? - What are your 3 areas of greatest concern? - Is there anything local government could do to further your sustainability activities? - Has the city prevented you from doing any planned sustainability activities? - What should the city’s top 3 priorities for sustainability be? Next Meeting is Monday, December 29th. We have invited Torrey Byles to come talk with us about his work as an Applied Economist, the studies he has been doing with THRIVE and studies which could be undertaken by the City. We will revisit the ICLE application. We will review new information about putting the inventory on the city’s website. Following meetings are: January 12th. Power Point presentation by Darren Campbell on sustainability efforts being undertaken in other cities and what is a sustainability plan. January 19th. Review and categorize inventory entries. Ashland Planning Commission Sustainability Work Group December 22, 2008 Page 2 of 2 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES DECEMBER 29, 2008 Attending: Commissioners Mindlin and Stromberg Anne Eldridge, Boyd, Darren Campbell, Pat Fretton, Pam Vavra, Peter Gross, Huelz Update on ICLE application to be part of their pilot project. Jim McGinnis and Darren Campbell talked on the phone this week, but neither has been able to complete their task due to the holidays. Jim is to talk with Dick Wandersheid, and perhaps other conservation commissioners, to gauge their interest in becoming an ICLE pilot project. Darren is to talk with ICLE about what staff resources are required by ICLE. Deadline for the application is January 9th. John Stromberg asked whether we needed support of the City Council in order to file the application. It was the opinion of those present that we could apply and then take it to the Council if ICLE chose us for the program. Darren reported that they only had 6 applications when he spoke to them 2 weeks ago giving us a good chance. He believes they will come here to do training and consultation with a value of $30-$50,000 based on his previous work experience. It was noted again that the city is already a member of ICLE and has made a previous unsuccessful attempt to use the assessment program with the help of university student interns. Inventory/Survey Update. We’re looking to complete the phone surveying by January 12th. Melanie has enlisted the services of two members of the Siskiyou Permaculture Resources Group and has requested help from student interns from SOU working with TBL21. Darren will start on his contacts after the holidays. Anne has requested additional contacts. The purpose of Phase 2 was then discussed. Phase 2 was originally envisioned as soliciting input from the community at large by advertising the survey in the media and city utility newsletter. Stromberg reviewed the original intent of the inventory: to gather information about activities being done by individuals and organizations out in the community (as opposed to in the home) both as a first step towards incorporating sustainability into the Comp Plan and as a way to make sustainability more visible to the community and the outside world. What would be accomplished by a general survey? Statistical report could be done if we used a checklist. Polling to find out level of activity Creating a resource of the results. Touchstone to the community Elicit information about additional activities we don’t know about Help people to make connection with others doing the same thing; know that level is increasing. Might show possibilities for new organizations or businesses Can help identify where outreach and education is needed Acknowledgment of people’s efforts Building energy for strategic planning by getting people interested and that the City would value their input if they participate in a visioning process. Further suggestions: It would be self-selecting so volume of information may not be all that great. Could have a face-book type site with people’s sustainability profile. We should Finish Phase 1 first. Should do with Open Source software so anyone can add to it. Ashland Planning Commission Sustainability Work Group December 29, 2008 Page 1 of 2 Commissioner Mindlin described how an earlier roadblock for this sustainability investigation had occurred because it was thought that it would detract from the visioning and strategic planning which the city has been planning to do. Commissioner Stromberg suggested that once we have done as much as we can with our phone outreach effort, we should compile the information on the city’s website, and have the rest of our contacts survey themselves. We would continue to solicit entries for the inventory from people thought to be engaged in sustainability activities without advertising it to the general public. The manner of presentation will be discussed further at the meeting on January 19th, when we will sort the entries by type of activity. Commissioner Stromberg was then moved to ask the people attending, “What should the mayor do in this situation?” Response: - Establish some real goals in each sector. - Education is needed before asking people to set goals so we get a better informed response. - Process should be inclusive, interactive & informed - Government can create an environment of support - Mayor can observe & interact with community activities, draw media attention, advocate - Make people already within government who want to do sustainability work feel safer and valued. - Make connections with other levels of government (state, federal) Commissioner Mindlin then asked, “What should the Planning Commission do?” Response: - Update the Comp Plan for sustainability. This is needed before we change the ordinances. We need staff support to do this. - Go after the building code; raise the requirements - Work on the design standards, such as prioritizing solar orientation - Try to keep up with what’s going on in the community, respond and reflect. City government is not keeping up with the citizens. Finally, Commissioner Stromberg pointed out that the Budget Committee meets on Monday nights and he will no longer be able to attend at that time. Next Meeting: Monday, January 12, 7:00pm, Library Gresham Room Darren Campbell presentation on sustainability work of other local governments. Ashland Planning Commission Sustainability Work Group December 29, 2008 Page 2 of 2 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES JANUARY 12, 2009 Attending: Commissioners Mindlin, Dawkins and Marsh Others Attending: John Stromberg, Darren Campbell, Torrey Byles, Julie Norman, Christopher Daugherty, Anne Eldridge, Angie Thusius, Peter Gross, Carlos Delgardo, Hon. Gaweya, Rob Sweeney, Merrill Ward, Liza Maltsberger The agenda of the meeting was to hear a presentation on sustainability work in other municipalities and sustainability plans presented by Darren Campbell with his power point. The presentation is not synopsized here. We looked at materials on the Natural Step which is being used in Corvallis and many other places. We also looked at materials from South Lake Tahoe where Darren worked before moving here. It was noted that the Natural Step model does not include economics. Also that in Corvallis the Natural Step work was led by a citizens group rather than by city government itself, although the understanding is that they had the full cooperation of the local government. A general discussion was had about visioning the sustainable city. Commissioner Marsh said she thinks we need a baseline measuring where the city is at now before visioning where we want to go. Some visioning/strategic planning is done with Scenario Planning. With this, you identify challenges being faced by the community and elicit visions of desirable outcomes and identify different ways it might play out. A great many interesting frameworks and planning models were mentioned in brief. We want to have another look at a slide called “ICSP Infrastructure” with a very interesting bubble diagram. Darren will give Melanie a copy of the power point slides to use as needed. Darren was thanked for putting together the presentation. Ashland Planning Commission Sustainability Work Group January 12, 2009 Page 1 of 1 ASHLAND PLANNING COMMISSION SUSTAINABILITY SUBCOMMITTEE/WORK GROUP MINUTES JANUARY 19, 2009 Present: Commissioner Mindlin Others: John Stromberg, Anne Eldridge, Julie Norman, Peter Gross, Pam Vavra, Larry Blake, At this meeting, we sorted out the inventory entries into the categories set by three different frameworks: the Ashland Comp Plan, the Tipping Point, and Permaculture/Transition Town. This exercise took up most of the meeting. We noted that many of the entries were difficult to apply to the Comp Plan elements, especially in the areas of food and community awareness. Some of the sectors of the Tipping Point did not have any entries. All of the categories for the Permaculture/Transition Town framework had entries and may be the framework most directly related to the self-defining sustainability actions in Ashland. 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