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HomeMy WebLinkAbout2009-09-29 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, Qive your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION SPECIAL MEETING SEPTEMBER 29, 2009 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center Council Chambers, 1175 E. Main Street II. ANNOUNCEMENTS . SOU Master Plan Meeting - October 5,2009 III. PUBLIC FORUM IV. UNFINISHED BUSINESS A. Adoption of Findings for PA #2009-00784, 615 Washington Street V. DISCUSSION ITEMS A. Croman Mill District Plan B. Comments on Proposed Council Rules Ordinance and Uniform Policies and Operating Procedures Ordinance VI. ADJOURNMENT CITY OF ASHLAND r., In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1 ). BEFORE THE PLANNING COMMISSION S th eptember 29 , 2009 IN THE MATTER OF PLANNING ACTION #2009-00784, A REQUEST FOR ) SITE REVIEW APPROVAL TO CONSTRUCT A 17,650 SQUARE FOOT ) W AREHOUSE/LIGHT MANUFACTURING BUILDING AND THE ASSOCIATED ) FINDINGS, LANDSCAPING AND PARKING AREAS FORAN APPROXIMATELY 1.02 ) CONCLUSIONS ACRE PROPERTY LOCATED AT 615 WASHINGTON STREET. A TREE ) AND ORDERS REMOVAL PERMIT IS ALSO REQUESTED TO REMOVE TEN TREES GREATER ) THAN SIX-INCHES INDIAMETER-AT-BREAST-HEIGHT. ) ) APPLICANTS: Ron Rezek RECITALS: 1) Tax lot #200 of Map 39 IE 14 AC is located at 615 Washington Street and is zoned Jackson County Rural Residential (RR-5). 2) The applicant is requesting Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and the associated parking areas and landscape installation for an approximately 1.02 acre parcel located at 615 Washington Street. The new warehouse/light manufacturing facility will serve the adjacent Modem Fan business at 709 Washington Street. A Tree Removal Permit is also requested to remove ten trees greater than six inches diameter at breast height or greater. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for Site Review approval are described in Chapter 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. e. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-o.fway shall comply with the Street Standards in Chapter 18.88, Pelformance Standards Options. (Ord. 2655, 1991; Ord 283686,1999) 4) The criteria for a Tree Removal Permit are described in 18.61.080 as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. PA #2009-00784 September 29,2009 Page 1 A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and irljure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the follow ing: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of swface waters, protection of acijacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. 5) The Planning Commission, following proper public notice, held a public hearing on September 15th, PA #2009-00784 September 29,2009 Page 2 2009 at which time testimony was received and exhibits were presented. The Planning Commission approved the application for Site Review and Tree Removal to remove eight trees subject to conditions pertaining to the appropriate development of the site. In addition, the Planning Commission forwarded a recommendation to the Ashland City Council for approval of a requested Annexation and Zoning Map Change from Jackson County Rural Residential (RR-5) zoning to City of Ashland Employment (E-l) zomng. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "p" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and associated landscaping and parking, and a Tree Removal Permit to remove eight trees greater than six-inches in diameter-at- breast-height meets all applicable criteria for Site Review approval as described in Chapter 18.72 and for Tree Removal described in Chapter 18.61. The Planning Commission further finds that the proposed removal of the two Siberian Elms to accommodate street improvements along the Washington Street frontage is unnecessary with the deferral of street frontage improvements, and a condition has been added to require that they be retained subject to a favorable assessment by an arborist. 2.3 The Planning Commission finds that the proposal satisfies the approval requirements for Basic Site Review. All of the building square footage is proposed as warehouse/light manufacturing, which are permitted uses in the E-l zone. The E-l zoning district does not require standard setbacks from property lines unless a parcel abuts a residential zoning district. The proposed building height is approximately 24 feet, which is under the maximum building PA #2009-00784 September 29,2009 Page 3 height of 40 feet in the E-l zoning district. The proposal will result in 30 percent of the site being landscaped, which significantly exceeds the 15 percent minimum landscaping requirement for the E-l zoning district. The Commission further finds that the proposed building design provides a primary orientation to Washington Street, with a covered entry and walkway to the sidewalk. Parking is proposed to be located to the side of the building, and sidewalks, parking row planting strips and street trees are to be installed. A landscape plan has been provided; the existing trees that are to be preserved have been incorporated, and ample parking lot landscaping and a landscape area between the building and the street are identified. The Planning Commission finds that Basic Site Review Standards II.C.la.2) calls for building entrances to be located within 20 feet of the public right-of-way to which they are oriented; however the Site Design and Use Standards provide that this requirement may be waived if the building is not to be accessed by pedestrians, such as warehouses or industrial buildings without attached office space. The Commission finds that the building's entrance is proposed to be placed approximately 57 feet from the right-of-way (after necessary right-of-way dedication) however the building is proposed to be limited to warehouse/light industrial use and the requirement may therefore be waived. With this waiver, the proposed building and site design comply with the applicable Basic Site Review Standards. However, the Commission finds that future conversion of any portion of the proposed warehouse space to office use, as the application suggests may ultimately occur, would require either that the building entrance be brought to within 20 feet of the right-of-way with an addition to comply with the standard, or that an Administrative Variance to this standard be obtained. A condition to this effect has been included below. The Planning Commission finds that while the application indicates that 18 parking spaces are required to serve 17,650 square feet of warehouse use based on a warehouse standard parking requirement of one parking space per 1,000 square feet and has identified 18 parking spaces to be provided on site, the nature of the proposed use is to provide additional light manufacturing space to supplement the existing Modem Fan business on the adjacent property. The Commission finds that no commensurate increase in the number of employees is proposed, and that there is no on-site retail component to the business. The Commission therefore finds that calculating the parking requirements based on an industrial standard, which requires one space per two employees on the largest shift, plus one space per company vehicle, is a more appropriate basis for determining required parking for the proposal. Based on this calculation and the ten to twelve employees of the business, no more than six to eight parking spaces would be required. The Commission further finds that this level of parking demand has been confilmed through on-site observations of the existing Modem Fan business by Commissioners and staff and confilmed by the applicant. The Commission further finds that the Off-Street Parking Chapter (AMC 18.92) limits parking PA #2009-00784 September 29,2009 Page 4 provided to no more than ten percent above what is required for the use. This limitation avoids an auto-centric focus in development, while reducing the overall amount of paving installed, thus reducing the heat-island effect of summer sunlight reflecting off of asphalt while also allowing precipitation to be absorbed directly into the ground rather than creating excessive run-off and the associated water quality impacts. The Commission finds that parking proposed is significantly more than necessary for the assembly and distribution use proposed, and should be reduced to include only eight spaces nearest Washington Street. A condition to this effect has been included to require a revised site plan reflecting a phased installation of the site's parking, with the remaining parking area currently identified to be instead reserved in landscaped area to allow future installation of the additional spaces should the demand or the nature of the use in place change. The Planning Commission finds that there have been two recent annexations in the immediate vicinity, for Oak Street Tank and Steel and Brammo Motorsports, and that as a result utilities in this area have had recent upgrades. The Commission finds that there are eight-inch water and sanitary sewer lines in place within the Washington Street right-of-way which the Public Works Department has determined are adequate to serve the proposed building. The Commission further finds that with annexation, the property will need to be served by Ashland's municipal electric utility, and a condition of approval has been added below to require that the applicant coordinate this service transition with the Ashland Electric Department and develop an electric service plan. The Commission finds that the site plan provided details placement of a stormwater detention pipe near the front and side of the building and identifies preliminary surface drainage detention areas within the parking lot, however engineered calculations demonstrating that post development peak flows will not exceed pre-development levels, and water quality mitigation measures have not been provided. The Commission further finds that there is a mapped wetland located to the north, off of the subject property. While this wetland appears to end before it reaches the subject property, it is fed by stormwater drainage from the ditch along the subject property's Washington Street frontage. Based on review by the Division of State Lands (DSL), it has been determined that the proposal appears to avoid impacts to state regulated wetlands and waters, however DSL has indicated that stormwater flows feeding this wetland need to be maintained even if the existing roadside ditch were to be piped on the subject property. A condition of approval has been included below to require a final storm drainage plan incorporating the necessary water quality, retention, and wetland flow maintenance requirements for the approval of the City and the Oregon Department of Transportation prior to building permit submittals. The Planning Commission finds that to satisfy annexation requirements, the applicant must provide for necessary transportation facilities to and through the subject property; transportation facilities must address vehicular, bicycle, pedestrian and transit transportation with at least a "half-street" improvement consisting of a minimum of twenty feet of paving for motor vehicle travel lanes, with a six-foot bike lane, gutter, six-inch curb, seven-foot parkrow planting strip PA #2009-00784 September 29,2009 Page 5 and eight foot sidewalk on the subject property's side of the street. Because the eXlstmg sidewalk installation to the south is installed at the curbside, sidewalk installation will also need to provide for a transition to allow the standard parkrow planting strip installation. The Planning Commission finds that Washington Street is a commercial collector street, and that the City of Ashland Street Standards Handbook ultimately calls for ten-foot travel lanes, six-foot bike lanes, seven-foot parkrows, six-inch curbs and eight-foot sidewalks on both sides of the street, requiring a total minimum right-of-way width of 63 feet. The Commission further finds that based on the submitted survey, it appears that there is currently only approximately 54 feet of right-of-way from the guard rail on the opposite side of Washington Street to the subject parcel's front property line. Beyond the guard rail topography drops steeply toward Interstate 5 and will not accommodate further street improvements. The Commission finds that in order to accommodate the necessary "half-street" improvements to City street standards for a commercial collector street, approximately nine-feet of additional right-of-way needs to be dedicated. The Commission finds that because the proposed building is set back approximately 40- feet from the front property line along Washington Street at its closest point, there is ample space available to accommodate the necessary right-of-way dedication without impacting the proposed site design, and a condition requiring the necessary right-of-way dedication has been included below. The Planning Commission finds that based on the plan submittals provided with the application and the exhibits presented by staff during the hearing, that adequate transportation facilities can be provided to and through the subject property to meet City of Ashland street standards. However, the Commission further finds that given the presence of an identified roadside emergent wetland on the adjacent property to the north and its connection to the drainage ditch across the subject property's frontage, the proximity to the Oregon Department of Transportation's 1-5 freeway right -of-way, and a significant drop-off between the existing Washington Street improvements and the freeway below, it is more appropriate that the street improvements in this vicinity be deferred in order to allow that they be comprehensively planned. As such, a condition has been added to require that the applicant provide an estimate of the cost of the required street improvements along the property frontage and that a cash deposit or similar approved security instrument be provided to guarantee their installation will occur once a comprehensive planning process for the area street system has been completed. 2.4 The Planning Commission finds that a total of 17 trees which are six-inches in diameter- at-breast-height (d.b.h.) or greater have been identified on or near the subject property. Of these 17 trees, ten trees located either within or immediately adjacent to the proposed building envelope or in locations that would be impacted by street improvements have been proposed for removal. The remaining seven trees are proposed to be preserved and protected during construction, and have been incorporated into the landscape plan submitted. The Planning Commission finds that the two Siberian Elms identified for removal along the frontage to accommodate street improvements are a natural feature of the drainage which feeds the wetland on the adj acent property to the north, and that these trees no longer need to be PA #2009-00784 September 29,2009 Page 6 removed with the deferral of the street improvements. A condition has been included that these two trees be retained and incorporated into the landscape plan, subject to a favorable assessment of their condition by an arborist. The Planning Commission finds that the remaining eight tree removals are proposed in order to permit the application to be consistent with applicable Land Use Ordinance requirements and Site Design and Use Standards and will not adversely impact erosion, soil stability, flow of surface waters, protection of adjacent trees, existing windbreaks, tree density, canopy or species diversity in the vicinity. The Planning Commission further finds that the three Oaks to be retained at the rear of the proposed building are very close to the proposed construction, and the application merely notes that they will be considered during excavation. Given their proximity to the proposed construction and the fact that no recommendations from an arborist have been provided, a condition has been added to require that an arborist's recommendations be obtained and incorporated into a revised Tree Preservation and Protection Plan to include any additional necessary protective measures which would ensure these trees' on-going viability. The Planning Commission finds that only seven new trees are identified for planting on the landscape plans provided, in addition to the required parkrow trees. These include four Chinese Pistache, two Armstrong Maples, and one Sunset Maple. Because the Tree Preservation and Protection Ordinance (AMC 18.61) requires a one for one mitigation of the trees removed, a condition has been included to require that all required mitigation trees be identified in a revised landscaping plan, or that the applicant provide for replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Site Review approval to construct a 17,650 square foot warehouse/light manufacturing building and associated parking areas and landscape installation, and a Tree Removal Permit to remove eight trees six-inches in diameter-at-breast-height or greater is supported by evidence contained within the whole record. The Commission further concludes that the proposed removal of two Siberian Elm trees to accommodate street improvements along the subject property's Washington Street frontage is no longer necessary with the deferral of these improvements. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2009-00784. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2009-00784 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. PA #2009-00784 September 29,2009 Page 7 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That a sign permit shall be obtained prior to installation of any new signage. Signage shall meet the requirements of Chapter 18.96. 4) That the future conversion of any portion of the proposed warehouse space to office use shall require that the building entrance be brought to within 20 feet of the right-of-way in order to comply with Basic Site Review Standards (II-C-1a.2), or that an Administrative Variance to this standard be obtained. 5) That prior to the submittal of a building permit: a) That a stormwater drainage plan, including details of on-site detention for storm water and necessary water quality mitigation, shall be submitted for the review and approval of the Planning, Building, and Engineering Divisions. The drainage plan shall also demonstrate that stormwater flows into the existing roadside ditch to the north will be retained at their current levels to ensure the continuing recharge of the wetland on the property to the north. b) A written estimate for the costs of installation of required commercial collector "half- street" improvements along the full Washington Street frontage of the subject property shall be provided for the review and approval of the City of Ashland's Planning and Engineering Departments prior to building permit submittal. Required improvements shall include a minimum of 20 feet of pavement to accommodate motor vehicle travel lanes, six-foot bicycle lane, six-inch curb, an irrigated seven-foot parkrow planting strip with street trees, eight foot sidewalks, and city standard streetlights on the west side of the right-of-way. However, final street improvement design and installation shall be deferred in order to comprehensively plan the street system taking into account the adjacent wetland and the proximity to the 1-5 right-of-way. The applicant shall post a cash deposit with the City of Ashland or provide a similar approved security instrument to secure installation of street improvements along the property frontage. Additional land to accommodate the full 63 feet necessary to improve the right-of-way to city street standards for a Commercial Collector Street shall be provided through a right-of-way dedication. c) A final utility plan for the project shall be submitted for the review and approval by the Planning, Engineering and Building Divisions prior to issuance of a building permit. The utility plan shall include the location of connections to all public facilities in and adjacent to the development, including the locations of water lines and meter sizes, sewer mains and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility installations, including any necessary fire protection vault, shall be placed outside of the PA #2009-00784 September 29,2009 Page 8 pedestrian corridor, and necessary public utility easements on the property shall be shown on the building permit submittals. d) The applicant shall submit an electric distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. With annexation, the property will no longer be served by Pacific Power and Light; service will be provided by the City's municipal electric utility and the necessary services to make this transition will need to be installed at the applicant's expense. This plan shall be reviewed and approved by the Planning, Engineering and Electric Departments prior to building permit submittal. Transformers and cabinets shall be located outside of the pedestrian corridor, in those areas least visible from the street while considering the access needs of the Electric Department. 6) That prior to the issuance of a building permit: a) The applicant shall provide a Tree Preservation and Protection Plan consistent with the requirements of AMC 18.61.200 and prepared by a certified arborist. This plan shall incorporate the recommendations of the Tree Commission's September 4th, 2009 meeting as conditions of approval where consistent with applicable standards and with final approval by the Staff Advisor, shall retain and incorporate the two Siberian Elms near the Washington Street right-of-way into the landscaping plan subject to the arborist's recommendation, and shall specifically address the condition of all existing trees including the Siberian Elm previously identified for removal, their ability to tolerate the proposed development, and any measures in addition to standard protection fencing which may be necessary to preserve and protect those trees which are to remain on the site. b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the eight trees to be removed from the site, and prior to site work, storage of materials and/or issuance of a building permit. The Verification Permit is to inspect the identifications of trees to be removed and the installation of tree protection fencing to protect the trees to be retained. The tree protection fencing shall be installed according to the approved Tree Protection and Removal Plan, inspected and approved by the Staff Advisor prior to site work, storage of materials and/or issuance of a building permit. c) The applicant shall provide evidence of permit approval, including copies of all approved plans, for all work to be done within Oregon Department of Transportation right-of-way. d) That the property owner shall sign in favor of a local improvement district for future improvements to the intersection of Washington Street and Highway 66 including a traffic signal prior to issuance of a building permit. PA #2009-00784 September 29,2009 Page 9 e) The applicant shall provide a revised Landscape/lnigation Plan which addressed the Water Conserving Landscaping Guidelines and Policies of the Site Design and Use Standards, including inigation controller requirements to allow multiple/flexible calendar programming. The revised Landscape Plan shall include landscape detail for the ditch/swale area along the property's Washington Street frontage, shall include a walkway from the building entrance to the street, and shall identify the relocated trash enclosure on the north side of the building, near the west end of the parking area. The revised landscape plan shall specifically identify mitigation trees on a one-for-one basis to offset the ten trees to be removed, or alternatively may propose replanting off-site or payment in lieu of planting as provided in AMC 18.61.084. f) All exterior lighting shall be appropriately shrouded so as not to permit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. g) At the time of building plan submittal, the bike rack details and shelter details shall be submitted for review and approval by the Staff Advisor. The building permit submittals shall verify that the bicycle parking design, spacing, and coverage requirements are met in accordance with 18.92.040.1. h) Mechanical equipment shall be screened from view from Washington Street. The locations of mechanical equipment and any associated screening shall be shown on the site plan and elevations in the building permit submittals. i) That the buildings shall meet Solar Setback B in accordance with 18.70.040.B. The building permit submittals shall demonstrate compliance with Solar Setback B. j) The requirements of the Building Division shall be satisfactorily addressed, including but not limited to requirements that engineering be provided to ensure that the proposed footings for the "Modem Fan 2" building will not undermine the existing retaining wall for "Modem Fan I", that necessary protection be provided for exterior wall openings, and that grade and turning radius requirements for forklift access between buildings be addressed. k) The requirements of the Ashland Fire Department shall be satisfied, including that all addressing shall be approved prior to being installed; that fire apparatus access be provided and necessary fire apparatus easements identified and recorded; that adequate fire flow be provided and maintained; that fire sprinklers, hydrants, a Knox box, and/or an FDC be installed; and that an approved walkway to accommodate fire fighter access around and between both buildings be maintained, including an approved gate of at least three-feet in width if any fencing is installed between the two properties. PA #2009-00784 September 29,2009 Page 10 1) A revised site plan detailing a phased parking installation shall be provided for the review and approval of the Staff Advisor. In the initial phase, parking to be installed for occupancy of the building would be limited to the six to eight spaces nearest Washington Street. The remaining 10-12 parking spaces in the northwestern portion of the site are to be reserved in landscaped area pending future installation in a second phase should the parking demand or the nature of the use change to necessitate their installation. 7) That prior to the issuance of a certificate of occupancy: a) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. b) All required parking areas shall be paved and striped. c) All landscaping and the irrigation systems shall be installed in accordance with the approved plan, inspected and approved by the Staff Advisor prior to the issuance of a certificate of occupancy. That at the time of planting and prior to the issuance of a final certificate of occupancy, not less than two inches of mulch shall be added in all non-turf landscaped areas in the developed area after the installation of living plant materials. d) That street trees, one per 30 feet of street frontage, shall be installed along the frontage of the development in accordance with the approved final landscaping plan and prior to issuance of the certificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be ilTigated. e) That required bicycle parking spaces with a minimum of 50 percent sheltered from the weather shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. Planning Commission Approval Date PA #2009-00784 September 29,2009 Page 11 CITY Of ASHLAND Memo DATE: September 25,2009 TO: Ashland Planning Commission FROM: Bill Molnar, Community Development Director RE: September 29th Special Meeting and Study Session On Tuesday evening, September 29th, the Planning Commission will have the opportunity to discuss a variety of issues raised in past Commission discussions regarding the draft redevelopment plan for the Croman Mill site and surrounding areas. Staff has prepared a list of questions intended to provide Commission direction on several aspects of the draft Plan, so that staff may consider necessary adjustments as the new ordinance chapter, accompanying design standards and official maps are refined. Staff has completed an initial draft of these documents and anticipates distributing the documents to the Commission for review in October. The proposed timeline for the project identifies a public hearing before the Council prior to year end. On September 9th, the Croman Advisory Committee (CAC) evaluated many of the materials that previously have been presented to the Planning Commission. The minutes from the CAC meeting have been attached. The second item on the agenda is a discussion of the proposed amendments to the Council Rules Chapter 2.04.090,2.04.100 and 2.04.110, adding Council Rules relating to commissions and liaisons. The amendments have been prepared by the Legal Department and are scheduled for review by the Council at their October 6th meeting. These amendments are intended to address the work carried out in 2007 by the Council's Rules Committee on Commissions. The goal of these amendments is to complete the work of the Rules Committee, as well as establish Uniform Policies and Operating Procedures for Advisory Committees. Staff has highlighted areas within the proposed amendments that we believe may be of interest to the Commission. This will be an opportunity for the Commission to forward to the Council specific comments or suggestions with respect to the proposed changes. Department of Community Development 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.us Tel 541-488-5305 Fax 541-552-2050 TTY 800-735-2900 C.ITY Of ASHLAND Croman Mill District Plan - Discussion Outline Transportation 1. How does the Croman Mill District (CMD) Plan street system relate to the intersection at Tolman Creek Road, Ashland Street and access to the Washington Street area? . What changes are envisioned or necessitated for realization of the CMD Plan? 2. What is envisioned for the alignment of Tolman Creek Road and Mistletoe Road? . How will movements and flow be accommodated? 3. What is the relationship between the Transportation System Plan (TSP) and the Croman Mill District Plan? . How will these two planning efforts be coordinated? land Use Mix 1. Are the CMD land use designations of "Office Employment" and "Compatible Industrial" appropriately located? 2. Is the addition of the "Mixed" land use designation that requires ground floor employment use while permitting some upper floor residential use appropriately located? . Should any limitations for upper story uses be considered? . Is too much or too little land area allocated to the "Mixed Use" designation 3. What type, if any, night-time or evening uses should be allowed? . Should "Downtown-type" uses be completely excluded from the CMD, or subject to a special use permit? If a special use permit is considered, what uses should be included? 4. Should land uses that are typically land area intensive and accommodate a relatively low number of employees per acre, such as lumber yards, sorting yards and recycling centers, be permitted within the CMD? . If yes, what is the maximum amount of land area that should be allocated to these uses so that the overall employment targets for the site are realized? Should additional performance measures be applied? . If not, are there other available lands within the City's inventory where these uses could be accommodated? 5. How does the CMD Plan protect opportunities for utilizing future rail freight? . Some factors to consider include: . location of siding . size of siding easement or reserve strip . access to and from the siding . provision for on-site storage 6. Should the most southerly portion of the CMD Plan area be annexed as part of the CMD Plan adoption process? What are the implications to the following areas and uses? . Trailer Park (future Employment designation) . Small Farm (future Employment designation) . What is the Planning Commission's recommendation for these areas? Design Standards 1. Are the following CMD's Plan assumptions related to "Parking" appropriate? . Should proposed Plan standards provide flexibility for required parking? Ashland Planning Commission - Special Session September 29,2009 Page 1 . Should the Plan explore methods for decreasing demand? . Other issues to consider: . Explore alternatives such as city-provided shuttle service or required underground parking 2. How will solar access be provided in the CMD Plan? . How does street orientation effect solar orientation and access . Should development be subject to the City's solar access ordinance? 3. What types of green building or sustainable development standards should be incorporated within the adopted plan implementation package? How do we assess the impact of these standards on future economic development? Following is a list of some potential strategies. . solar orientation . green streets . on-site water conservation, infiltration and re-use standards substantially above code . green building standards substantially above code . methods for encouraging or providing incentives for the use of alternative transportation . preservation of urban agricultural land (Area in UGB) . protecting options for future rail freight . getting actual LEED Neighborhood certification Buildable lands Inventory - Employment . Are the key objectives of the CMD Plan generally consistent with the findings of the 2007 Economic Opportunities Analysis (EOA)? . What is the availability for larger sites (i.e. 10-acres) in the City? Procedure for Amendments to the Croman Mill Plan 1. Does the proposed Minor and Major Amendment Procedure seem reasonable? . How much flexibility should be permitted? . Should certain aspects of the Plan, such as site design standards, be permitted greater flexibility than other elements, such as proposed land use designations and changes to the street system? Ashland Planning Commission - Special Session September 29,2009 Page 2 CITY OF ASHLAND CROMAN ADVISORY COMMITTEE MINUTES SEPTEMBER 9, 2009 CALL TO ORDER Chair Matt Warshawsky called the meeting to order at 5:00 p.m. in the Siskiyou Room, 51 Winburn Way. Committee Members Present: Richard Hendrickson, Airport Commissioner Russ Chapman, Conservation Commissioner Keith Swink, Historic Commissioner Graham Lewis, Housing Commissioner Jim Lewis, Parks & Recreation Commissioner Larry Blake, Planning Commissioner David Wilkerson, Public Arts Commissioner Matt Warshawsky, Transportation Commissioner Pam Hammond, Chamber of Commerce Representative Ben Bellinson, Neighborhood Representative Rylan Heyerman, Neighborhood Representative Paul Steinle, sou Representative Absent Members: Eric Navickas, City Councilor Zane Jones, Tree Commissioner Mary Kay Michelsen, Neighborhood Representative Staff Present: Bill Molnar, Community Development Director Maria Harris, Planning Manager Brandon Goldman, Senior Planner April Lucas, Administrative Assistant APPROVAL OF JULY 15. 2009 CROMAN ADVISORY COMMITTEE MINUTES The minutes of July 15, 2009 were approved as presented. REVIEW AND DISCUSSION OF PRELIMINARY CROMAN MILL ZONING DISTRICT CHAPTER AND LAND USE MATRIX Community Development Director Bill Molnar briefly commented on the Advisory Committee's role in this process. He stated the Mayor and staff formed this Committee with the goal of bringing different perspectives to long range planning efforts. Additionally, the members have been asked to report back to their respective groups and keep them up to date and involved on what it is happening. Mr. Molnar provided the following overview of the Croman materials presented at the last Planning Commission meeting: DraftAMC 18.53- Croman Mill Mr. Molnar explained this will be a new chapter added to the Land Use Code and will include the following: Purpose, Definitions, General Requirements (including major and minor amendment procedures), Development Standards, and Land Use Matrix. In regards to the "General Requirements" section, Mr. Molnar stated the land use zoning, streets, bikeways, key natural areas and trail connections will be laid out in advance, with the understanding that these may need to be adjusted once surveying and construction begins. The second part of this section addresses major and minor amendments and examples with given for each. Mr. Molnar stated major amendments are fairly significant (such as changes in the employment density or land use overlay) and would be subject to a public hearing before the Planning Commission, while minor amendments (such as a change in street trees) could be approved administratively by staff. Mr. Molnar explained a new chapter for Croman will also be added to the City's Site Design & Use Standards. This Chapter will include various illustrations and will address plan elements such as water infiltration for parking lots and the use of bioswales. He noted this document is more user friendly than the AMC language and staff will be presenting these initial design standards to the Planning Commission at their September Study Session. Mr. Molnar added staff will be bringing forward more AMC language and the design standards language to the Croman Advisory Committee at their next meeting and will want to gather their feedback at that time. Comment was made questioning what they can require in terms of green building design, and whether they can exceed the requirements in the State Building Code. Mr. Molnar explained the State Building Code sets the requirements, but they have also provided alternate paths for property owners who wish to incorporate "green" elements, such as rainwater catchment systems. He stated there are already a lot of green principles attached to this project, and he expects there to be further discussions as to whether the City will offer incentives to developments who received silver or gold LEED Certification. Comment was made that developments will likely meet LEED certification standards just by following the elements the Croman Plan and Design Standards outline. Land Use Matrix Planning Manager Maria Harris provided a review of the proposed Land Use Matrix. She explained this document was based on the Crandall and Arambula Draft Plan and the matrix will be placed at the end of the AMC Chapter. She stated this is a new format and instead of having numerous pages listing the different uses, this format puts all that information into a single table. Ms. Harris noted the five categories on the matrix and reviewed the uses that staff did not include. She stated in all three zones nightclubs, theatres/bars, and hotels/motels have been left off. She explained the main purpose of this Plan is job creation and the goal is to have 25-60 jobs per acre. Additionally, concerns have been raised with having uses that compete with downtown. Ms. Harris continued that mortuaries/crematoriums, churches, public utilities, and service yards/building material sales yards have also been omitted from the allowed uses. She stated the concern here is that the Plan speaks to not allowing any outdoor storage since this takes space away from buildings where jobs could be created. Swink asked whether music venues (something similar to the Craterian Theatre in Medford) have been considered as an allowed use, specifically in the industrial area that is farther away from the residential neighborhood. He stated Ashland is lacking a place for this type of use and stated if it didn't work out the land could always be reclaimed for industrial uses. Opposing comment was made that big venues bring their own set of problems and concern was expressed with taking away from the downtown area. A neighbor sitting in the audience also expressed concern with this possibility. Hammond questioned the 10,000 sq. ft. size limit for stores, restaurants, and shops. Staff clarified this figure was taken from the Crandall and Arambula Draft Plan, however at the staff level there has been talk that this may be too much. It was questioned if this size would encourage something like a Cheesecake Factory restaurant. Additional comment was made that this figure would be fine if the building accommodates several businesses. MAP UPDATES Senior Planner Brandon Goldman displayed several maps that outlined the following on the Croman property: 1) Land Use Overlays, 2) Active Edges, 3) Build-to Lines, 4) Pedestrian & Bicycle Framework, 5) Multi-Use Paths, 6) Transit Framework, 7) Required On-Street Parking, and 8) Storm Water Management. Mr. Goldman noted minor street realignments were made in order to create consistent block lengths. He also clarified "actives edges" is a build-to line and these areas would look similar to downtown Ashland where everything is built up to the street. He added these areas would still have sidewalks, bioswales, parkrows and street trees. Hendrickson noted that the Croman property is located within the airport approach zone and stated anything built here will need to be approved by the FAA. Mr. Molnar stated staff has been in communication with the FAA and they fully understand that this needs to meet their standards. He added the FAA does not seem to be opposed to additional height allowances for this area, but as the height increases, stipulations will need to be added to the building (such as lighting requirements). He also clarified that while the Crandall & Arambula plan proposed a much higher building height, staff is considering heights in the 4-6 story range. Warshawsky noted the topography of the site and questioned if the taller buildings should be located at the lower elevations of the property. Hammond questioned how much the parking structure would really be utilized and stated that people don't like to park that far from their destination. Staff clarified the parking garage was purposefully located next to the office employment area and it is only a 5 minute walk to most locations within the Croman site. Mr. Molnar stated unless they identify placeholders, they will lose the opportunity and while a large parking garage may not be necessary at the beginning, it may be needed in the future. He added they could initially have surface parking in this area, and over time (as need warrants) it could be turned into a parking structure. Hammond asked about moving the office land to the west and locating the industrial land on the east side of the property by the railroad tracks. Mr. Molnar clarified that Plexis has expressed interest in a certain area and there are also topographical issues that played a part in what uses are located where. He stated this type of shift is beyond their scope, and is even beyond the scope of the Planning Commission. He added this is a major change and would have to be approved by the City Council. Comment was made expressing concern that this has been planned around a specific business. Mr. Molnar clarified when this Plan first came forward it was pretty much all office use. Concerns were raised about losing industrial areas in the City, and now the Plan is essentially half industrial use and half office use. He stated the industrial uses may have a lower number of employees, so they would want a higher density of employees in the office areas to balance it out and reach the employment goals of the Plan. REVIEW AND DISCUSSION OF PLANNING COMMISSION DISCUSSION ITEMS FROM AUGUST 25. 2009 STUDY SESSION Ms. Harris noted the minutes from the August 25, 2009 Planning Commission Study Session were included in the meeting packet. She noted the Planning Commission agreed to dedicate their September 29 Study Session to the Croman Plan and they will be discussing questions that have come up during the process, including; the amendment procedure, the Tolman Creek road alignment, street orientation for solar, the balance of land uses, and possible evening uses. REVIEW NEXT STEPS Mr. Harris clarified staff is currently working on the development standards that will go into the Site Design & Use Standards, and are finishing the AMC language. SCHEDULE NEXT MEETING DATE Ms. Harris stated staff would email the group options for their next meeting. It was asked if the Planning Commission would be accepting testimony at their Study Session. Staff clarified the Planning Commission will typically not turn anyone away if they wish to give testimony on a Study Session item. Comment was made questioning if the owners of the Zen Center are aware of what is happening with the Croman plan since it looks as though a lot of the overlays are going through their property. Ms. Harris clarified staff has been in communication with them. Mr. Molnar encouraged the members to notify staff if they have issues they want discussed. He added any emailed comments from the group could be included in the Planning Commission's Study Session packet. Warshawsky voiced his support for emailing staff their comments, since it gives them a chance to think about what was presented and formulate their comments. ADJOURNMENT Meeting adjourned at 6:30 p.m. Respectfully Submitted, April Lucas, Administrative Assistant CHAPTER 18.53 CM CROMAN MILL SECTIONS: 18.53.010 18.53.020 18.53.030 18.53.040 18.53.050 18.53.060 Purpose Definitions General Requirements Croman Mill District Plan Development Standards Croman Mill District Plan - Land Use Matrix Applicability of Other Sections of the Land Use Ordinance SECTION 18.53.010 Purpose The purpose of this section is to implement the Groman Mill Site Redevelopment Plan. The district is designed to provide an environment suitable for employment, recreation, and living. The GM zoning district is a blueprint for promoting family-wage jobs, professional office and manufacturing commerce, neighborhoods-oriented businesses, mixed-use projects and community services in a manner that enhances property values by providing transportation options, preserving significant open spaces and natural features while minimizing the impact on natural resources through site planning and building design. SECTION 18.53.020 Definitions SECTION 18.53.030 General Requirements A. Conformance with the Croman Mill District Plan Land uses and development, including buildings, parking areas, streets, bicycle and pedestrian access ways, multi-use paths and open spaces shall be located in accordance with those shown on the Groman Mill District Plan maps adopted by ordinance B. Major and minor amendments to the Croman Mill District Plan shall comply with the following procedures: 1. Major and Minor Amendments. a. Major amendments are those which result in any of the following: (1) A change in land use overlay (2) A modification to the street layout plan that necessitates a street or other transportation facility to be eliminated or located in a manner inconsistent with the Groman Mill District Plan. (3) A change in the Groman Mill Design Standards. (4) A reduction in planned density of employees per acre. (5) A change not specifically listed under the major and minor amendment definitions. b. Minor amendments are those which result in any of the following: (1) A change in the Plan layout that requires a street, access way, multi-use path or other transportation facility to be shifted more than 25 feet in any direction, as long as the change maintains the connectivity established by the Croman Mill District Plan. (2) Changes related to street trees, street furniture, fencing, or signage. 2. Major Amendment Type II - Approval Procedure A major amendment to the Croman Mill District Plan is subject to a public hearing and decision under a Type II Procedure. A major amendment may be approved upon the hearing authority finding that: a. The proposed modification maintains the connectivity established by the district plan; b. The proposed modification furthers the design, circulation and access concepts advocated by the district plan; c. The proposed modification will not adversely affect the purpose and objectives of the district plan; and d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment Type I Procedure A minor amendment to the Croman Mill District Plan is subject to an administrative decision under the Type I Procedure. A minor amendment may be approved upon finding that granting the approval will result in a development design that equally or better achieves the stated purpose and objectives of the district plan. SECTION 18.53.040 Croman Mill District Plan Development Standards A. Ashland Local Street Standards The design and construction of streets and public improvements shall be in accordance with Ashland's Local Street Standards, except as otherwise permitted for the following facilities within the Croman Mill District: a. Central Boulevard b. Tolman Creek Road Realignment c. Local Streets d. Protected Bikeway and Pedestrian Path e. Central Bike Path f. Multi-use Path g. Access ways B. Site Design and Use Standards - Croman Mill District New development shall be designed and constructed consistent with Ashland's Site Design and Use Standards, Section VIII- Croman Mill District Standards. SECTION 18.53.050 Use Regulations A. Generally No use is permitted unless it is listed as a permitted, special permitted or conditional use in the Land Use matrix. Residential uses in conjunction with commercial Short-term Employee Housing in conjunction with permitted use fuel sales, automobile sales and repair stores, restaurants, and shops less than (TBD) sq.ft., excluding fuel sales, automobile sales and repair professional, financial, business, and medical offices administrative or research and development establishments office in conjunction with a permitted industrial use child or day care centers fitness, recreational sports, gym or athletic club ancillary employee services in conjunction with permitted use (e.g.. employee child care, cafeteria, fitness area) kennels (indoor) and veterinary clinics motion picture, television or radio broadcasting studios temporary uses .. .. .. .. .. manufacturing, assembly, fabrication, or packaging manufacture of food products without rendering fats or oils manufacture or assembly in conjunction with permitted office use manufacture or assembly contiguous to a retail outlet, provided such area less than 600 rail freight loading dock facilities rail or rapid transit passenger facilities warehouse and similar storage facilities in conjunction with permitted use and enclosed in building wireless communication facilities attached to an existing structure pursuant to 18.72.180 freestanding wireless communication support structures pursuant to 18.72.180 .. .. .. .. public service or community buildings with office or space used directly by public public service or community buildings without office or space used directly by public public and quasi-public utility service buildings enclosed in .. .. .. .. .. private school, college, trade school, technical school or similar school electrical substations NC = Neighborhood Center MU = Mixed Use OE = Office/Employment CI = Compatible Industrial OS = Open space B. Special Permitted Uses SECTION 18.53.060 Dimensional Regulations The lot and building design requirements are established in each zoning district regulation in the Dimensional Standards matrix. minimum, square feet F ronta e minimum, feet Lot Width minimum, feet Yard Abuttin a Street minimum ard, feet 2 2 2 2 maximum yard abutting active edge street, feet 2 2 2 2 maximum yard abutting all other streets, feet 10 10 10 10 Side Yard Abuttin a Residential District minimum, feet Read Yard Abuttin a Residential District minimum per story, feet Landsca in Covera e minimum percentage coverage Hei ht minimum number of stories 2 2 2 2 maximum hei ht without bonus, stories/feet 2.5/35 3/40 3/40 3/40 1/20 maximum height with Sustainable Development 4/50 4/50 7/90 6/70 bonus, stories/feet (CA Plan) 4-6 4-6 5-12 3-4 in accordance with Chapter 18.70 Solar Access 65 0.80 25 SECTION 18.53.070 Applicability of Other Sections of the Land Use Ordinance Development located within the Croman Mill (CM) zoning district shall be required to meet all other applicable sections of the Land Use Ordinance, except as otherwise provided in this Chapter. All public improvements and commonly owned areas within the CM district shall the same procedure as a subdivision for bonding. 11111111..11111111111111111111 I111111111111111111 SECTION VIII Croman Mill District Standards Adopted by the Ashland Council Ordinance A. Street Standards VIII-A-1) Street Design The design and construction of streets and public improvements shall be in accordance with the Ashland Street Standards, except as otherwise permitted for the following facilities with the Croman Mill District. 1. Central Boulevard The tree-lined boulevards that currently exist along Siskiyou Boulevard and Ashland Street are an easily identifiable feature of Ashland's boulevard network. Application of this streetscape design to the Central Boulevard will create a seamless boulevard loop, linking the Croman Mill district with downtown Ashland. The Central Boulevard also serves as the front door to the Croman Mill district, creating a positive first impression when entering the district. ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 1 2. Tolman Creek Road Realignment Additional auto traffic will be generated by the redevelopment of the Croman Mill district. The realignment of Tolman Creek Road with the Central Boulevard will address impacts to the neighborhood by directing traffic away from the neighborhood and Bellview School, and toward the Croman Mill district while maintaining access to Tolman Creek Road for neighborhood- generated trips. ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 2 ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 3 3. Local Commercial Streets Local Commercial Streets provide district circulation to and from employment uses, the Central Park and the neighborhood center. ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 4 4. Protected Bikeway and Pedestrian Path The Protected Bikeway and Pedestrian Path runs parallel to the Central Boulevard and connects with the City's existing Central Bike Path in two locations - adjacent to the Central Park and adjacent to the day-lighted section of Hamilton Creek. The design of the protected bikeway should include the following elements. 1. A grade-separated two-way colored bicycle path buffered from on-street parking by landscaping. 2. A sidewalk separated form the bicycle path by striping, bollard or a grade separation. 3. Tabled intersections. 4. Elimination of auto right turns on red at intersections. 5. Incorporate rumble strips along the bike path at the approaches to all intersections. 6. Signage to alert drivers, pedestrians and riders approaching intersections. 7. Consideration of a bikes-only signal phase at signalized intersections. ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 5 5. Multi-use Paths The multi-use paths provide pedestrian and bicycle connections between the district and adjacent neighborhood, employment and commercial areas. The plan includes the extension of the Central Bike Path and the Hamilton Creek Greenway trail. The Central Bike Path extends the existing multi-use path along the southern edge of the CORP rail line within a 20-foot wide dedicated easement, and serves as a viable commuter route and link to the downtown. The Hamilton Creek Greenway trail provides access to the neighborhood center and an east/west connection across the creek. ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 6 ~&, Ashland Site Design and Use Standards DRAFT 9.29.09 7 6. Accesssways The accessways are intended to provide circulation primarily for pedestrian and bikes to preserve the grid that dictates the form of the land uses. The accessways would connect the Central Boulevard to the Central Bike Path and allow for shared bicycle, travel lanes and temporary loading zones as necessary to serve development sites. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 8 VIII-A-2) Limited Auto Access Streets Developments abutting the Central Boulevard and local streets surrounding the Central Park shall limit the number of curb cuts to one per block as indicated on the Limited Access Streets map. VIII-A-3) Access 1. Street and driveway access points in the Croman overlay zones shall be limited to the following. a Distance Between Driveways. On Central Boulevard - 100 feet On Collector Streets - 75 feet On Local Streets and Accessways - 50 feet b. Distance from Intersections On Central Boulevard - 100 feet On Collector Streets - 50 feet On Local Streets and Accessways - 35 feet ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 9 2. Shared Access. All lots shall provide an access connection to abutting parking areas that is at least 20 feet in width. The applicant shall grant a common access easement across the lot. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and note from the street frontage. VIII-A-4) Required On-Street Parking On-street parking in a curb-side parallel parking configuration shall be provided along the Central Boulevard and local streets as indicated on the Required On- Street Parking map. Angled parking and loading zones are prohibited on these streets. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 10 B. Design Standards The Croman Mill District Design Standards provide specific requirements for the physical orientation, uses and arrangement of buildings; the management of parking; and access to development parcels. Development shall be designed and constructed consistent with the following Design Standards. VIII-B-1) Orientation and Scale 1. Buildings shall have their primary orientation toward the street rather than the parking area. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. Where buildings are located on a corner lot, the entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. Public sidewalks shall be provided adjacent to a public street along the street frontage. Buildings shall be located as close to the intersection corner as practicable. 2. With the exception of the areas along Active Edges, building entrances shall be located within 10 feet of the public right of way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved access or for sites with multiple buildings, such as shopping centers, where this standard is met by other buildings. Automobile circulation or parking shall not be allowed between the building and the right-of-way. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. 3. These requirements may be waived if the building is not along an active edge and is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service stations. 4. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive changes in the building fa9ade. 5. With the exception of the areas along Active Edges, any wall which is within 30 feet of the street, plaza or other public open space shall contain at least 20% of the wall area facing the street in display areas, windows, or doorways. Windows must allow view into working areas or lobbies, pedestrian entrances or displays areas. Blank walls within 30 feet of the street are prohibited. Up to 40% of the length of the building perimeter can be exempted for this standard if oriented toward loading or service areas. 6. Buildings shall incorporate lighting and changes in mass, surface or finish giving emphasis to entrances. 7. Buildings shall incorporate arcades, roofs, alcoves, porticoes, and awnings that protect pedestrians from the rain and sun. VIII-B-2) Parking and On-site Circulation 1. Parking areas shall be located behind buildings or on one or both sides. 2. Parking areas shall be shaded by deciduous trees, buffered from adjacent non-residential uses and screened from non-residential uses. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 11 3. Protected raised walkways shall be installed through parking areas of 50 or more spaces or more than 100 feet in average width or depth. 4. Parking lots with 50 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings. 5. Developments of one acre or more must provide a pedestrian and bicycle circulation plan for the site. One site pedestrian walkways must be lighted to a level where the system can be used at night by employees, residents and customers. Pedestrian walkways shall be directly linked to entrances and to the internal circulation of the building. 6. Parking areas shall meet the Parking Lot Landscaping and Screening Standards of Section 11-0 of the Site Design and Use Standards. VIII-B-3) Automobile Parking With the exception of the standards described below, automobile parking shall be provided in accordance with the Off-Street Parking chapter 18.92 and Section II-D Parking Lot Landscaping and Screening Standards. 1. Neighborhood Commercial (NC) Overlay On-Street Parking. In the Neighborhood Commercial (NC) overlay, all uses are required to provide off- street parking in accordance with the Off-Street Parking chapter, except that the parking required may be reduced by up to 50% through implementation of an alternative parking management strategy that reduces demand by an equal; percentage. 2. Office Employment (OE) Overlay Surface and Structured Parking. A maximum of 50 percent of the required off-street parking can be constructed as surface parking on any development site. The remaining parking requirement can be met either within an on-site structure or through payment of in-lieu-of-parking fees to the City to fund public parking structure(s) serving the district. VIII-B-4) Streetscape 1. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street. Street trees shall meet the Street Tree Standards in Section II-E of the Site Design and Use Standards. 2. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be unit masonry, scored and colored concrete, pavers, or combinations of the above. 3. With the exception of the areas along Active Edges, a building shall be setback not more than 20 feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65% of the aggregate building frontage shall be within 20 feet of the sidewalk. VIII-B-S) Building Materials 1. Bright or neon paint colors used extensively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 12 VIII-B-6) Build-to-Lines and Active Edges Buildings developed along an Active Edge Street as identified in the Croman Master Plan shall be built so that: 1. At least 65% of the total linear feet of the building's fagade is built within two feet of the sidewalk. 2. All front doors must face streets and walkways. 3. At least 50% of the first-floor fagade is comprised of transparent openings (clear glass) between 3 and 8 feet above grade. 4. No blank walls (without doors or windows) longer than 40% of a fagade, or more than 50 feet occur along sidewalks, whichever is less. VIII-B-7) Building Height Requirements All buildings shall have a minimum height as indicated in the Building Height Requirements Map and Dimensional Standards Table, and shall not exceed the maximum height except as provided for a sustainable development height bonus. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 13 1. Street Wall Height: Maximum street wall fagade height for the Groman Mill district for all structures that are not within one full city block of a residential zone is 50 feet. 2. Upper-floor Setback: Buildings taller than 50 feet must step back upper stories, beginning with the third story, by at least 10 feet measured from the fagade of the street wall facing the street, alleyway, public park or open space. 3. Residential Buffer Zone: All buildings in the Groman Mill District within the Residential Buffer Zoneshall meet the following height standards: a. Maximum Height: The maximum height allowance for all structures within the Residential Buffer is Zone 40 feet. b, Upper Floor Setback Requirements: Buildings taller than 35 feet must step back upper stories by at least 10 feet measured from the fagade facing the street, alleyway, public park or open space. 4. Architectural Standards for Large Scale Buildings: The following architectural standards will apply to all buildings with a gross floor area greater than 10,000 square feet, a fagade length in excess of 100 feet, or a height taller than 45 feet. a. On upper floors use windows and/or architectural features that provide interest on all four sides of the building. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 14 b. Abrupt changes in building heights and/or roof orientation should be diminished by offsets of building form and mass. c. Use recesses and projections to visually divide building surfaces into smaller scale elements. d. Use color or materials to visually reduce the size, bulk and scale of the building. e. Divide large building masses into heights and sizes that relate to human scale by incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale lighting. f. On-site circulation systems shall incorporate a streetscape which includes curbs, sidewalks, pedestrian scale light standards and street trees. VIII-B-8) Landscaping 1. Landscaping shall be designed so that 50% coverage occurs after one year and 90% coverage occurs after 5 years. 2. Landscaping design shall utilize a variety of low water use and deciduous and evergreen trees and shrubs and flowering plant species as described in Section III - Water Conserving Landscaping Guidelines and Policies. 3. Buildings adjacent to streets shall be buffered by landscaped areas at least 10 feet in width. Loading facilities shall be screened and buffered when adjacent to residentially zoned land. 4. Irrigation systems shall be installed to assure landscaping success. 5. Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible. VIII-B-9) Lighting 1. Lighting shall include adequate lights that are scaled for pedestrians by including light standards or placements of no greater than 14 feet in height along pedestrian pathways. VIII-B-10) Screening Mechanical Equipment Screen rooftop mechanical equipment through extended parapets or other roof forms that are integrated into the overall composition of the building. Screen ground floor mechanical equipment. Renewable energy generation devices may be exempt from screening subject to Site Review approval by a hearings body. VIII-B-11) Transit Facilities Standards The location of planned transit routes within the Croman Mill District shall be defined according to the Croman Mill District Transit Framework map in collaboration with the local transit authority. Transit service facilities such as shelters and pullouts shall be integrated into the development application consistent with the following standards. 1. All Large Scale development located on an existing or planned transit route shall accommodate a transit stop and other associated transit facilities unless the Director of Community Development determines that adequate transit facilities already exist to serve the needs of the development, or ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 15 2. Escrowing funds in order to enable the City or its agents to construct the transit facilities at the time transit service is provided to the development. VIII-B-12) Freight Rail Spur Easement - Compatible Industrial (CI) 1. A Rail Spur easement a minimum of 500 feet in length by 25 feet in width shall be set aside at the approximate location presented on the Croman Mill District Transit Plan Map. 2. No buildings or permanent structures can be established within the spur easement so not to preclude installation of a rail spur for freight loading and unloading. 3. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and unloading. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 16 Transit Plan Map Detail VIII-B-13) Commuter Rail Platform Easement - Neighborhood Commercial (NC) 1. A Commuter Rail Platform easement or designated rail road right-of-way a minimum of 400 feet in length and 25 feet in width shall be set aside at the approximate location presented on the Croman Mill District Transit Plan Map. 2. No buildings or permanent structures can be established within the platform easement so as not to preclude installation of a commuter rail platform for loading and unloading. 3. Buildings adjacent to the reserve strip shall be designed and configured to permit loading and unloading. VIII-B-14) Open Spaces 1. Central Park. The purpose of the Central Park is to serve as a public amenity and accommodate the daily needs of employees (e.g. breaks, lunch time) as well as for special events that will attract residents citywide. The Central Park design shall provide a minimum of the following elements. a. Circulation through and around the park. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 17 b. A centrally located flexible hardscape area to accommodate large gatherings. c. Street furniture, including lighting, benches, low walls and trash receptacles along walkways and the park perimeter. d. Simple and durable materials. e. Trees and landscaping that provide visual interest with a diversity of plant materials. f. Irregular placement of large-canopy trees within passive areas adjacent to the Central Boulevard. g. 8-ft. minimum sidewalk width and 7 -ft. minimum parkrow width. h. A central hard surface gathering space of no more than 50% of the total park area. 2. Transit Plaza, A location for the transit plaza shall be reserved between the commuter rail platform and commercial uses along the Central Boulevard. The design of the plaza shall include the following elements. a. Provide a waiting, loading and unloading area for commuter passengers. b. Include outdoor gathering space adjacent to commercial uses. c. Accommodate the central bike path. d. Include conveniently located and secure bike parking. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 18 VIII-B-15) Compact Development The site layout is compact, and enables future intensification of development and changes to land use over time. The following measures shall be used to demonstrate compliance with this standard. 1. The development achieves the required minimum floor area ratio (FAR) and minimum number of stories, or shall provide a shadow plan that demonstrates how development may be intensified over time for more efficient use of land and to meet the required (FAR) and minimum number of stories.; and 2. Opportunities for shared parking are utilized.; and/or 3. The proposal contains an equally good or superior way to achieve the above criterion. C. Sustainable Development Standards VIII-C-1) Conserve Natural Areas Preserve water quality, natural hydrology and habitat, and preserve biodiversity through protection of streams and wetlands. Conserving natural water systems shall be considered in the site design through application of the following standards. 1. Designated creek and wetland protection areas shall be considered positive design elements and incorporated in the overall design of a given project. 2. Native riparian plan materials shall be planted in and adjacent to the creek to enhance habitat. 3. Create a long-term management plan for on-site wetlands, streams, associated habitats and their buffers. VIII-C-2) Create Diverse Neighborhoods ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 19 Using the following measures to encourage diversity in the neighborhood by providing a balanced range of housing types, land uses and employment opportunities is recommended. 1. Provide a diversity of housing types. 2. Differentiate units by size and number of bedrooms. 3. Provide rental and for purchase housing. VIII-C-3) Design Green Streets Green Streets are public streets that have been built or retrofitted to include landscape areas that increase stormwater infiltration, reduce and slow the rate of runoff, and use bio-filtration to remove pollutants. 1. New streets shall be developed to capture and treat stormwater in a manner consistent with the Croman Mill District Stormwater Management Plan Map, the City of Ashland Stormwater Master Plan, and Ashland Green Streets Engineering Standards. 2. All development served by planned Green Streets as designated on the Croman Mill District Green Street Map shall accommodate said facilities by including the same in the development plan; and/or 3. Escrow funds in order to enable the city or its agents to construct the Green Street at the time full street network improvements are provided to serve the development. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 20 VIII-C-4) Design Green Surface Parking Parking areas shall be designed to minimize the adverse environmental and microclimatic impacts of surface parking through design and material selection. All parking areas shall meet the following standards, and shall comply with the Off- Street Parking chapter and the Site Review chapter. 1. Use less than 20% of the lot area for surface parking. 2. Surface lots shall not exceed two acres in area, including landscape, circulation and ingress/egress. 3. Use paving materials with a high solar reflectance reduce heat absorption. 4. Provide porous solid surfacing on a least 50% of the parking area surface. 5. Provide at least 50% shade cover over the surface lot within five years of project occupancy. VIII-C-S) Manage Stormwater Run-Off Reduce the public infrastructure costs and adverse environmental effects of stormwater run-off by managing run-off from building roofs, driveways, parking areas, sidewalks and other hard surfaces through implementation of the following standards. 1. Design grading and site plans to capture and slow runoff. 2. Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 21 3. Use pervious or semi-pervious surfaces that allow water to infiltrate the soil. 4. Retain rainfall on-site through infiltration, evapotranspiration or through capture and reuse techniques. 5. Direct discharge storm water runoff into a designated green street and neighborhood storm water treatment facilities. VIII-C-S) Recycling Areas All developments in the Croman Mill District shall provide an opportunity-to-recy6el site for use of the project occupants. 1. Commercial. Commercial developments having a solid waste receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the solid waste receptacle to accommodate materials collected by the local solid waste franchisee under its on-route collection program for purposes of recycling. Both the opportunity-to-recycle site and the common solid waste receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent properties or public rights-of-way. 2. Multi-Family Residential. All newly constructed multi-family units, either as part of an existing development or as a new development, shall provide an opportunity-to-recycle site in accord with the following standards: a. Multi-family developments not sharing a common solid waste receptacle shall provide an individual curbside recycling container for each dwelling unit in the development. b. Multi-family developments sharing a common solid waste receptacle shall provide a site of equal or greater size adjacent to or with access comparable to the common solid waste receptacle to accommodate materials collected by the local solid waste franchisee under its residential on-route collection program for purposes of recycling. Both the opportunity-to-recycle site and the common solid waste receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent properties or public rights-of-way. 3. Screening refuse and recycle areas. Refuse and recycle areas shall be screened from view by placement of a solid wood or masonry wall from five to eight feet in height. All refuse and recycle materials shall be contained within the refuse area. VIII-C-6) Minimize Construction Impacts Minimize pollution and waste generation resulting from construction activity through the following measures. 1. Construction Activity Pollution Prevention. Develop and implement an erosion and sediment control plan to reduce pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation in accordance with Ashland Public Works Standards. The erosion and sediment control plan shall be submitted with the final engineering for public improvements and building permit. 2. Construction Waste Management. Recycle and/or salvage non-hazardous construction and demolition debris in accordance with the Building Demolition Debris Diversion requirements in 15.04.216.C. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 22 VIII-C-7) Practice Low-Impact Site Development Using the following low-impact site design, construction and management practices to reduce the environmental impacts of site development is recommended. 1. Use harvested rainwater or reclaimed water for the irrigation of at least 25 percent of a project's landscaped areas. 2. Incorporate passive and active solar strategies in the design of in the design and orientation of buildings and public spaces. 3. Specify energy-efficient infrastructure systems, including traffic lights, street lights, water and wastewater pumps and treatment systems. 4. Utilize recycled materials in the construction of roadways, parking lots, sidewalks and curbs. 5. Minimize light pollution from the project to improve nighttime visibility, increase night sky access and to reduce development impact on nocturnal environments by using down-shielded light fixtures that do not allow light to emit above the 90 degree plane of the fixture. VIII-C-8) Performance Standards for Sustainable Development Bonuses Green buildings improve air and water quality, reduce solid waste, conserve natural resources, reduce operation costs, optimize life-cycle economic performance and minimize the strain on local infrastructure. Given that buildings are responsible for a large portion energy and resource use, the provisions of this section are intended to promote sustainable developments that reduce the impact of the built environment in the City of Ashland. Projects that achieve a high performance green building standard and significantly improve energy performance beyond the current minimum Oregon requirements are eligible for a sustainable development bonus as follows. 1. Height Bonus In the event that a building or structure is determined to be meet the standard for LEED Certified building, the building height may exceed the maximum height specified for the CM overlay districts within the Dimensional Standards Table, through application of a sustainable development bonus as follows: a. A building obtaining LEED Certification as meeting the LEED Silver Standard may be increased in height by up to one (1) story. b. A building obtaining LEED Certification as meeting the LEED Gold Standard may be increased in height by up to two (2) stories. c. A building obtaining LEED Certification as meeting the LEED Platinum Standard may be increased in height by up to four (4) stories. d. Increases in building height exceeding the maximum permitted height through the application of a Sustainable Development Height Bonus shall demonstrate compliance with Federal Aviation Administration standards for airport approach zones. e. Developments in the Residential Buffer overlay are not eligible for increases in building height in excess the maximum permitted for the overlay district. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 23 f. Not withstanding the bonuses permitted through this section, no building may exceed the Sustainable Development Bonus maximum height per the Dimensional Standards Table. 2. Demonstration of Achieving LEED or an Equivalent Program Rating Projects awarded a sustainable development bonus, pursuant to this section , shall provide the City with satisfactory evidence of having completed the following steps in the process toward demonstrating achievement of LEED certification: a. Hiring and retaining a LEED Accredited Professional as part of the project team throughout design and construction of the project. b. Developments seeking a Sustainable Development bonus shall provide documentation with the planning application, and prior to issuance of a building permit, that the proposed development as designed and constructed will meet or exceed the equivalent LEED standard relating to the sustainable development bonus awarded. c. A final report shall be prepared by the LEED Accredited Professional and presented to the City upon completion of the project verifying that the project has met, or exceeded, the LEED standard relating to the sustainability bonus awarded. d. The report shall produce a LEED compliant energy model following the methodology outlined in the LEED rating system. The energy analysis done for the building performance rating method shall include all energy costs associated with the building project. e. The project developer shall be required to provide a lien or performance bond to the City of Ashland in an amount equal to the value of the bonus. i. This lien or performance bond shall be calculated on the square footage of the additional space provided by the bonus multiplied by one hundred dollars ($100.00) per square foot. II. This lien or performance bond shall be released by the City at such time that the project attains LEED Certification. 3. Sustainable Development Bonus Penalty Section If the project fails to attain LEED certificationwithin three years of receiving its initial Certificate of Occupancy, then the Developer shall be subject to a fine equal to the higher of: a. 1 % of the total construction costs, or b. The amount of the Lien! Performance Bond provided pursuant to section VII-C-7.2.e. c. If the fine is not paid within thirty (30) days of the date it is imposed, then the City shall have the authority to revoke the Certificate of Occupancy for the building. ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 24 D. Additional Plan Maps ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 25 ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 26 ~&, Ashland Site Design and Use Standards DRAFT 9,29,09 27 C.ITY Of ASHLAND Proposed Ordinance Changes The following is an outline of new/revised ordinance language that may be of interest to the Planning Commission. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090,2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES . 2.04.100.8 Attendance Council liaisons shall not attend quasi-judicial proceedings when the final appeal or final decisions is or could come before the City Council. . 2.04.100.C Deliberations Under no circumstances is a liaison to a City advisory body to attempt to direct debate, lobby, or otherwise influence the direction or decisions of any advisory body to which he or she has been assigned. . 2.04.100.F Role of Liaison as ReQards Vacancies The Council liaison for each advisory body, together with the advisory body chair and assigned staff liaison will make recommendations to the Mayor for appointment of citizens to fill vacancies on their respective advisory bodies. . 2.04.100.8 ReportinQ to the Council Each advisory body should be invited to give a short annual presentation to the Council. . 2.04.100.1 Liaison Appointment Process and Term Liaison appointments shall be for a term of one year unless otherwise expressly stated. Appointments are generally made on an annual basis in January and the Mayor shall make every effort to rotate liaison assignments. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES, AND BOARDS . 2.10.025 MeetinQ Attendance If a member will be absent from a meeting the member must notify the chair or the staff liaison at least two hours prior to the meeting. Any member who has two or more unexcused absences in a six month period [i.e. January 1 - June 30 or July 1 - December 31] shall be considered inactive and the position vacant. Further any member not attending a minimum of two-thirds (2/3) of all scheduled meetings (inclusive of study sessions and special meetings) shall be considered inactive and the position vacant. Attendance shall be reviewed by the commission during the regularly scheduled meetings in January and July, with a report sent to the Mayor and City Council advising of the need for appointment or re- appointment, if necessary. . 2.10.050 Election of Officers. Secretary and Subcommittees At its first meeting of the year the advisory commission, committee or board shall elect a chair and vice chair. Neither the chair nor the vice chair shall serve as an officer for more than two consecutive terms. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Provided however, only the full body can made recommendations to the City Council. Subcommittees must comply fully with the requirements of the Oregon Public Meetings law. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541-488-5305 Ashland, Oregon 97520 Fax: 541-488-6006 www,ashland,or.us TTY: 800-735-2900 rA' . 2.10.055 Role of Staff The staff liaison supports the group as a whole and shall not do work at the request of individual members. . 2.10.060 Aoendas and Minutes The Council Liaison shall be periodically given the opportunity to report to the commission, committee or board. . 2.10.085 Deliberations No member shall speak more than once until every member choosing to speak shall have spoken or waived their right to do so. No member shall speak more than twice on the same motion without leave of the presiding officer. . 2.10.110 Lobbvino and Representino the City An individual member is free to voice a position on any issue as long as it is made clear that the speaker is not speaking as a representative of the city or as a member of an advisory commission, committee or board. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541-488-5305 Ashland, Oregon 97520 Fax: 541-488-6006 www,ashland,or.us TTY: 800-735-2900 rA' ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 2.04.090,2.04.100 AND 2.04.110 RELATING TO COUNCil RULES Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory boards and commissions operate and the relationship of the Council and Mayor to such bodies; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [this ordinance] as well as Uniform Policies and Operating Procedures for Advisory Bodies [separate ordinance]; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby amended to read as follows: 2.04.090 Commissions, Committees, and Boards A. Establishing Commissions, Committees or Boards. Commissions. committees and boards oriainate from different sources. includina Oreaon State Statute. City Charter and Municipal Code: others are established bv direction of the Mavor or the City Council. Advisory Commissions and Boards which are permanent rReaularl shall been codified in AMC Chapter 2. includina but not limited to Forest lands Commission. Plannina Commission. Transportation Commission. Plannina Hearinas Board. Public Recreation Commission. Public Arts Commission. Conservation Commission. Ashland Airport Commission. Historic Commission. Tree Commission. and the Municipal Audit Committee. AMC 2.10 contains code common to all Appointed Commissions and Boards. B. Council Ad-hoc Committees and Task Forces. 1 The Mavor shall have the authority, independent of the Council, to form ad-hoc committees or task forces to deal with specific tasks within specific time frames. Such committees or task forces shall make recommendations bv way of a formal report to the City Council. The Mavor or City Administrator may refer matters to the appropriate ad hoc committee or task force. The Mavor with the consent of the Council shall appoint the membership of such committees or task forces. Members of ReQular Boards and Commissions may be appointed to ad hoc committees and task forces. The City Administrator shall bv order establish the ad hoc body's scope of the work. The Council has the authority to follow the recommendations, chanQe the recommendations, take no action, remand the matter back to the ad hoc body or take any other action it sees fit. The Council bv maioritv vote may remove a member of an ad hoc committee or task force at any time, with or without cause. The City Council bv maioritv vote may amend or dissolve an ad hoc committee or task force. C. ReQular Commission and Board Membership Appointments. Except for the Municipal Audit Committee (AMC 2.11), all committees and Boards not required bv state law to be appointed bv the City Council shall be appointed bv the Mavor with the consent of the Council. The Mavor may request assistance or recommendations from Councilors in makinQ appointments. In the Mavor's absence, any necessary appointment may be made bv the presidinQ officer with the consent of the Council. When necessary, the Mavor shall staQQer the initial expiration of terms of appointees, such as in the case of a new commission, board or committee. The Mavor shall not appoint. nor shall the Council consent to the appointment of a person to more than two (2) ReQular Board, Committee or Commission at a time. This rule shall not applv to the PlanninQ HearinQ Board. Because broad citizen participation is encouraQed, the Mavor shall not appoint nor shall the Council confirm a person to more than five (5) full terms on any sinQle ReQular Board or Commission. D. Mayor Membership on Ashland Budget Committee. For the purpose of local budQet law, the Mavor is a member of the QoverninQ body of the City of Ashland. and shall be a votinQ member of the budQet committee. E. Student Membership on ReQular Commission and Committees. 2 The Mavor with the consent of the City Council may add to the membership of any city Commission, Committee, or Board up to two positions for student liaisons. The student liaisons shall be non- votina ex officio members of their respective commissions or committees. Once the liaison positions have been added, the liaison from the hiah school shall be a hiah school student chosen bv the Ashland Hiah School Leadership class and the liaison from the university shall be a university student chosen bv the Associated Students of Southern Oreaon University Student Senate. F. Regular Membership Removal Process. The City Council, with or without cause, may bv maiority vote of the City Council at a reaular meetina, remove any Reaular Commission, Committee or Board member prior to the expiration of the term of the appointment. Written notice of removal to the affected member shall be provided. Removal shall be handled with respect and courtesy. If a member resians or is removed, the Mavor shall appoint a replacement for the remainder of the term in accordance with paraaraph C. above. Notwithstandina the above procedure, removal of a Plannina Commissioner shall be aoverned bv the procedures in ORS 227.030. Hearinas under ORS 227.030 are hereby deleaated bv the aovernina body to the City Administrator or Hearinas Officer in accordance with the AMC. 2.30, the Uniform Administrative Appeals Ordinance. G. Changing or Dissolving a Regular Commission, Committee or Board. After the commission, committee or board has been formed and codified, any chanae or dissolution reauires an ordinance amendina the Municipal Code. SECTION 2. AMC 2.04.100 [Operating Policies and Procedures Commissions, Committees and Boards] is hereby amended to read as follows: 2.04.100 Operating Policies and Procedures Commissions, Committees and Boards A. Public Meeting La'.":. B. Robert's Rules of Order. C. Deliberation. D. Agendas and Minutes. E. Absences. F. Quorum. G. Code of Ethics. H. Lobbying. I. Goals. 3 J. Role of Staff. K. Final Decision Making. L. Number of Meetings. M. Notice. N. Representing the Commission, Committee or Board. O. Budget. P. Expenses. Q. Committees. R. Suspension of Operating Procedures SECTION 3. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to read as follows: 2.04.100 ~ Council Liaisons A. Role and Responsibilities of Council Liaisons. a. The primary role of a Council liaison is to facilitate communication between the relevant oraanization and the Council. As relates to non-reaional or city advisory commissions, committees and boards, a Council Liaison is not a member of the advisory body, is not a votina member and may not serve as Chair. Notwithstandina the above, if a City Councilor, Mavor or other elected official is a member (votina or non-votina) of an advisory commission, committee or board, the Code will specificallv desianate them as such. b. City Councilors serve as liaisons to commissions, committees, boards, community oraanizations and other aaencies and are expected to represent the full City Council in interactina with the aroup. This expectation extends to representation of the City in formal meetinas, informal meetinas and lobbvina. In all other instances council members may attend meetinas as individuals and will identify their comments as personal views or opinions not a representation of city council policv. B. Attendance. Liaisons shall attend all reaular meetinas of the Commissions, Committees, Boards, or Task Forces to which they have assianed. In the event a liaison has difficulty attendina, the liaison should find an alternate to attend or review the video or other record of the proceedina. In the event of a continuina schedulina conflict. the Liaison should ask the Mavor to be reassianed. Liaisons shall not 4 attend Quasi-judicial proceedinQs when the final appeal or final decision is or could come before the City Council. C. Deliberations. a. The City Council values diversity of opinion. A siQnificant role of an advisory body is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. AccordinQlv. under no circumstances is a liaison to a City advisory body to attempt to direct debate. lobbv. or otherwise influence the direction or decisions of any advisory body to which he or she has been assiQned. Anv attempt to do so may result in removal from the liaison position. AccordinQlv. Council liaisons may wish to limit their participation durinQ debate and deliberations to answerinQ Questions. b. This restriction on deliberation. 10bbvinQ and directinQ debate does not applv to a liaison who is representinQ the City Council's position on a reQional body that includes elected officials from other jurisdictions. D. Respect for PresidinQ Officer. Except where the Code expresslv provides otherwise. City Councilors attendinQ advisory body meetinQs as liaisons are not "members" of the advisory body and as such cannot participate in the proceedinQs of the advisory body as a matter of riQht. When the Council liaison is representinQ the City Council on a reQional body. the Liaison has all riQhts and powers of a member as set forth in the statutes. rules or ordinances creatinQ such body. AccordinQlv. Councilors attendinQ advisory body or reQional body meetinQs as liaisons or as individuals shall accord the same respect toward the Chair and other members as they do towards the Mavor. PresidinQ officer or each other. E. Council Information. Liaisons will inform the advisory bodies to which they have been appointed liaison of Council aQenda items and Council decisions that may be of interest to the advisory bodv. Liaisons shall also encouraQe advisory board members to attend Council meetinQs to keep abreast of Council action. policv matters and the activities of the city. To facilitate the above. and notwithstandinQ any other provision of the Code. the Chair of an advisory body shall 5 periodicallv place on the Aaenda for the advisory body, an item labeled "Report of Council Liaison". F. Role of Liaison as Reaards Vacancies. The Council liaison for each advisory body, toaether with the advisory body chair and assianed staff liaison will make recommendations to the Mavor for appointment of citizens to fill vacancies on their respective advisory bodies. G. Reporting to the Council. Council liaisons shall periodicallv report to the entire Council on sianificant and important activities of each advisory body or reaional body to which they have been assianed. In addition, each advisory body and reaional body should be invited to aive a short annual presentation to the Council. Liaisons may seek assistance from the relevant staff liaison to accomplish this reportina responsibilitv. I. Liaison Appointment Process and Term. The Mavor will appoint a Councilor to act as a Council liaison to each and every advisory commission, committee, or board, as well as any other community oraanization, entity or aaencv for which participation of an elected official from the City of Ashland is determined to be necessary or beneficial to the City. Councilors who are appointed to Commissions, Committees or Boards as members (votina or non-votina) may also serve as Liaisons. Councilors interested in a particular subiect area should inform the Mavor of their interest and the Mavor should take the expression of interest and/or a Councilor's preference into account when makina appointment decisions. Liaison appointments shall be for a term of one year unless otherwise express Iv stated. Appointments are aenerallv made on an annual basis in Januarv and the Mavor shall make every effort to rotate liaison assianments. J. Removal from a Liaison Assignment The Mavor or a Councilor may be removed for any reason from a specific liaison position or assianment upon two-thirds vote of the entire Council. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. 6 SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 4-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2009, and duly PASSED and ADOPTED this day of ,2009. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney 7 ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE ADDING A NEW CHAPTER 2.10, PROVIDING FOR UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS, COMMITTEES AND BOARDS; ADDING A NEW CHAPTER 2.11 MUNICIPAL AUDIT COMMITTEE; A NEW CHAPTER 2.19 HOUSING COMMISSION, A NEW CHAPTER 2.15 FOREST LANDS COMMISSION, AND AMENDING AMC 2.12 PLANNING COMMISSION, AMC 2.13 TRANSPORTATION COMMISSION, AMC 2.17, PUBLIC ARTS COMMISSION, AMC 2.18 CONSERVATION COMMISSION, AMC 2.21 CABLE ACCESS COMMISSION, AMC 2.23 ASHLAND AIRPORT COMMISION, AMC 2.24 HISTORIC COMMISSION, AMC 2.25 TREE COMMISSION, REPEALING RESOLUTIONS 1995-25, 1996-18, 2003-07 and 2007-15, AND CREATING A NEW CHAPTER 2.29 CONCERNING PUBLIC ART Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, in 2006-2007 the City Council undertook the task of reviewing the Council Rules codified in AMC Chapter 2, under which the City Council operates; and WHEREAS, as part of the Council Rules review, the Council Rules Committee began a review and discussion of the rules under which its advisory commissions, committees and boards operate; and WHEREAS, in various Ordinances and Resolutions, the City has established numerous commissions, committees and boards as a means of providing detailed study, action and recommendations to the Council; and WHEREAS, the City Council desires to complete the work of the Council Rules Committee as it relates to Additional Council Rules [separate ordinance] as well as Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards [this ordinance]; and WHEREAS, the City Council wishes to codify Regular Commissions such as Housing Commission, Forest Lands Commission and the Municipal Audit Committee in the Ashland Municipal Code and edit existing ordinances to reduce duplication; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 1 SECTION 1. A new Chapter 2.10 [Uniform Policies and Operating Procedures for Advisory Commissions, Committees and Boards] is hereby added to the Ashland Municipal Code to read as follows: 2.10 Uniform Policies and Operatina Procedures for Advisorv Commissions. Committees and Boards 2.10.005 Purpose. Advisorv commissions. committees and boards (advisorv bodies) require uniform rules. policies and operatinQ procedures to assure maximum productivity and fairness for members and the public. Except where otherwise provided in this Code. the followina policies and procedures aovern all the City's advisory commissions. committees and boards. Nothina herein removes the requirement for compliance with more specific reaulations and auidelines set forth bv state statute. administrative rule. ordinance. or resolution specific to the advisory body. These rules do not applv to the elected Parks and Recreation Commission. 2.10.010 Created or Established. See individual Commission. Committee or Board Code Chapters codified between AMC 2.11 and AMC 2.25. 2.10.015 Appointment. See AMC 2.04.090.C. 2.10.020 Terms. Term Limits and-Vacancies All successors to oriainal members of an advisory commission. committee or board. shall have a three (3) year term. except as otherwise provided in the appointment order. Notwithstandina the three year limitation. Plannina Commissioners shall serve four (4) year terms. All reQular terms shall commence with appointment and shall expire on April 30 of the third year. unless otherwise provided in the appointment order. The appointina authority may staaaer terms in the oriainal appointment order as necessary. No member may serve more than five (5) terms on any sinale commission. committee or board. Anv vacancy shall be filled bv appointment bv the Mavor. with confirmation bv the City Council. for any unexpired portion of the term as provided in AMC 2.04.090.C. 2.10.025 MeetinQs and Attendance. Unless otherwise provided bv law. the number of meetinas related to business needs of an advisory commission. committee or boards may be set bv the advisory bodv. All members are expected to attend all reaularlv scheduled meetinas. study sessions and special meetinas. when applicable. If a member will be absent from a meetina the member must notify the chair or the staff liaison at least two hours prior to the meetina. Anv member who has two or more unexcused absences in a six month period [i.e. Januarv 1- June 30 or Julv 1 - December 311 shall be considered inactive and the position vacant. Further any member not attendinQ a minimum of two-thirds (2/3) of all scheduled meetinas (inclusive of study sessions and special meetinas) shall be considered inactive and the position vacant. Attendance shall be reviewed 2 bv the commission, committee or board durina the reaularlv scheduled meetinas in January and Julv, with a report sent to the Mavor and City Council advisina of the need for appointment or re-appointment. if necessary . 2.10.030 Removal. See AMC 2.04.090.F. 2.10.035. Public Meetina law. All meetinas of advisory commissions, committees and boards are subject to strict compliance with public meetina laws of the State of Oreaon. Notwithstandina notice reauirements under Oreaon law, advance notice of at least 36 hours shall be provided for all meetinas. Notice shall be sent to a newspaper with aenerallocal circulation and posted on the city's website. In the case of emeraencv or when a state of emeraencv has been declared, notice appropriate to the circumstances shall be provided and reasons justifvina the lack of 36-hour notice shall be included in the minutes of such meetina. 2.10.040 Quorum-and Effect of lack Thereof. A auorum shall be determined bv dividina the number of reaular members of the body bv two and addina one or, in the case of a fractional result. roundina up to the next whole number. Non-votina ex officio members, staff and liaisons do not count toward the auorum. A majority of the auorum is necessary to adopt any motion. Members need not be phvsicallv present at a meetina if another means of attendance (e.a. telephonic, internet etc.) has been established bv the membership and public meetinas law reauirements are met. If there is no auorum for a meetina, no official business shall be conducted and all matters advertised shall automaticallv be continued to the next reaularlv scheduled meetina. 2.10.045 Council Liaison. See AMC 2.04.100. 2.10.050. Election of Officers, Secretary, and Subcommittees. At its first meetina of the year the advisory commission, committee or board shall elect a chair and a vice chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an officer for more than two consecutive terms. Without the need for an appointment. the head of the City Department staffina the commission, committee or board shall be the Secretary and shall be responsible for keepina an accurate record of all proceedinas. The Department head may deleaate such tasks to a staff liaison. Subcommittees may be formed for the purpose of aatherina information and formina a recommendation to be brouaht forward to the full advisory body. Provided however, only the full body can make recommendations to the City Council. Subcommittees must comply fullv with the reauirements of Oreaon Public Meetinas law. 3 2.10.055. Role of Staff. At least one staff person is assianed to work with each advisory commission, committee or board. The staff liaison provides professional auidance, continuity, and insiaht into City policy and attends all reaular and special meetinas and workshops. The staff liaison supports the aroup as a whole and shall not do work at the reauest of individual members. Each staff liaison has a limited amount of time to devote to the aroup. If additional staff time is needed the reauest should be made to the City Administrator or appropriate Department Head. 2.10.060 Aaendas and Minutes. The chair or staff liaison will be responsible for the aaenda of all meetinas of advisory commissions, committees and boards. A member or staff liaison will be responsible for takina minutes. Aaendas and minutes will be posted on the city's web site. Members are encouraaed to access those documents from the web site. Staff will email or mail documents to members upon reauest. The Council Liaison shall periodicallv be aiven the opportunity to report to the commission, committee or board. 2.10.065. Goals. Advisorv commissions, committees and boards are encouraaed to establish annual aoals and action items that reflect the body's charae as stated in the specific commission ordinance. Advisorv bodies are expected to suaaest. support and advance Council aoals and are encouraaed to look for ways within their own uniaue responsibilities to do so. 2.10.070. Rules and Reaulations. The advisory commission, committee or board may make such rules and reaulations as are necessary for its aovernance, includina the conduct of meetinas, when not inconsistent with Ashland Municipal Code or Oreaon law. 2.10.075. Robert's Rules of Order. Roberts Rules of Order shall aovern the conduct of all meetinas of advisory commissions, committees and boards, when not in conflict with the Ashland City Charter and the Ashland Municipal Code. Failure to strictly follow Roberts Rules of Order shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedinas. 2.10.080. Code of Ethics. The City of Ashland is committed to the hiahest ethical standards for its public officials. To ensure public confidence, all members of advisory commissions, committees and boards must be independent. impartial, responsible and not use their position for personal aain or to benefit or harm others. Advisorv commissions, committees and boards shall operate in the aeneral public interest servina the community as a whole and shall serve no special interests. Advisorv commission, committee and board members shall not endorse any commercial product or enterprise. Members should be aware the criminal codes, ethics and 4 conflict of interest laws set forth in state statutes and city ordinances, includina but not limited to the State of Oreaon Criminal Code, ORS 244 and in AMC Chapter 3.08. 2.10.085. Deliberation. It is the duty of the chair or presidina officer to ensure that each member has the opportunity to speak. Members speak onlv for themselves and shall be open, direct and candid. Members shall strive to deliberate to a decision and shall relv upon the chair to keep the discussion movina. No member shall speak more than once until every member choosinQ to speak shall have spoken or waived their riQht to do so. No member shall speak more than twice on the same motion without leave of the presidina officer. 2.10.090. Council as Final Decision-Maker. With the exception of certain deleQated Quasi-judicial actions, most advisory commissions, committees and boards do not make final decisions subject to appeal but rather make recommendations to, or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resou rces. 2.10.095 Gifts. Subject to the acceptance of the City Council, an advisory body may receive aifts, bequests or devises of property in the name of the City to carry out any of the purposes of the advisory commission, committee or board, which funds shall be seareaated from other funds for use with the approval of the City Council. 2.10.100 Budaet. Compensation and Expenses. Monev is set aside in department budQets for Commission, Committee and Board expenses. Should an advisory body require additional funds, requests should be submitted to the department head throuah the staff liaison. Reaular members of the advisory commissions, committees and boards shall receive no compensation for services rendered. Members must receive permission and instructions from the staff liaison in order to be reimbursed for trainina or conferences and associated travel expenses related to official business. 2.10.105 Reports. Advisorv commissions, committees and boards shall submit copies of its minutes to the city council and shall prepare and submit such reports as from time to time may be requested bv the Mavor and City Council. Unless otherwise express Iv provide in the Ashland Municipal Code or State Law, all reports or recommendations of City advisory bodies committee shall be considered advisory in nature and shall not be bindina on the mayor or city council. 2.10.110. Lobbvina and Representina the City. Members shall onlv represent the opinion or position of the advisory body if specificallv 5 authorized bv the full membership at a dulv advertised meetina. Unless specificallv directed bv the City Council to state the city's official position on federal, state or county leaislative matters, no lobbvina before other elected bodies or committees will be undertaken bv members of advisory commissions, committees and boards. An individual member is free to voice a position on any issue as lona as it is made clear that the speaker is not speakina as a representative of the city or as a member of an advisory commission, committee or board. Advisorv body members are prohibited from enaaaina in political activity in accordance with ORS 260.432. SECTION 2. A new Chapter AMC 2.11 [Municipal Audit Committee] is hereby added to the Ashland Municipal Code to read as follows: 2.11 Municipal Audit Committee 2.11.005 Purpose. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 91-16 and have been amended bv Resolution several times. The City Council desires to codify herein the establishment of the Municipal Audit Committee. 2.11.010. Municipal Audit Committee Established. The Municipal Audit Committee is established and shall consist of five (5) votina members. Notwithstandina any other provision of the Ashland Municipal Code, four votina members shall be appointed bv the city council and shall consist of the Mavor or a Councilor, one Budaet Committee member, and two citizens at larae. The fifth votina member shall be the City Recorder. 2.11.015. Modified Terms and Qualifications A. Terms. Notwithstandina any other provision of the Ashland Municipal Code, the terms of the Mavor or Councilor, Recorder and Budaet Committee member shall be for one-year each expirina on April 30 of each year. All other terms shall be as provided in AMC 2.10.020. B. Qualifications. In makina the citizen at larae appointments, the council shall aive preference to persons with accountina or auditina experience, backaround or expertise. 2.11.020. Duties and Responsibilities. The Municipal Audit Committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. 6